The Lake County Board of County Commissioners met in regular session on Tuesday, July 13, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance & Audit Department; and Sandra Carter, Deputy Clerk.
Reverend Doctor Keith Ewing, Morrison United Methodist Church, Leesburg, gave the Invocation and led the Pledge of Allegiance.
MINUTES
Action regarding the Minutes of May 18, 1993 (Regular Meeting); May 25, 1993 (Regular Meeting); May 25, 1993 (Special Meeting); June 1, 1993 (Regular Meeting); June 2, 1993 (Special Meeting); June 15, 1993 (Regular Meeting); and June 22, 1993 (Special Meeting) was postponed until the Board Meeting of July 20, 1993.
CONTRACTS, LEASES & AGREEMENTS/LAWS & LEGISLATION
PLANNING & DEVELOPMENT/STATE AGENCIES
Commr. Swartz informed those present that, due to a problem with advertising, the public hearing scheduled for 9:00 a.m., for the purpose of discussing the Stipulated Settlement Agreement between Lake County and the Department of Community Affairs, concerning Case No. 93-3389GM, would be postponed until the Board Meeting of July 27, 1993, at 6:00 p.m., or as soon thereafter as possible.
PERSONAL APPEARANCES
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
5036-94 James Jeffery Lanier d/b/a J & J Electric
5120-93 Larry E. Weaver d/b/a Skilkraft
(Class B Building Contractor)
5154-93 Hank Lowry Electric, Inc.
5167-93 Ray R. Adams (Class B Air Conditioning)
5217-95 James Gerlach d/b/a Professional Air & Electric
5219-93 Donald L. Koon d/b/a Diversified Electrical Services
5220-93 Rollin Rizer d/b/a Electrical Maintenance Service
5221-93 Frank Page d/b/a Page Electric, Inc.
5222-93 Thomas W. Wolfe d/b/a Tri-County Electric of Central Florida, Inc.
5223-93 Terry Lee Weaver d/b/a Elite Air System
5224-93 Allen Carter (Roofing)
5225-93 David M. Flaherty d/b/a Tri-County Plumbing
5226-93 Keith N. Hawks d/b/a Over The Top Roofing, Inc.
5227-93 Jesse Gonzalez d/b/a Comelco (Electrical)
5228-93 Susan D'Anna (Roofing)
5229-93 Capitol Roofing, Inc.
5230-93 H & R Electrical Contractors, Inc.
5231-95 Frank G. Lopez (Roofing)
5232-93 David Rauh d/b/a Brierhill Homes, Inc. (Residential)
5233-93 Bruce M. Owen d/b/a A-Faye's Electric
5234-93 Jay Predmore d/b/a First Air Services, Inc.
5235-93 Harold Anderson, Jr. d/b/a Anderson & Son Electric
5236-93 Robert McDonald d/b/a McDonald Electric, Inc.
5237-93 Franklin D.R. Shaw d/b/a Shaw Electric, Inc.
5238-93 LaVerne L. Smith d/b/a S & S Electric Co., Inc.
5239-93 Larry Cullbreth d/b/a Cullbreth & Son Roofing
Cancellations
181-93 Aubrey Munn
4210-93 Carl Munn
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment for Ralph W. Churchman, in the amount of $47.00 - Case No. 78-537-CA01.
Budgets
Request to acknowledge receipt of the Deer Island Community Development District's Proposed Budget for FY 1993-94.
State Agencies/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission concerning an Order Granting Temporary Rates in the Event of Protest and a Notice of Proposed Agency Action Order Approving Increased Rates and Charges, with regard to an Application for Staff-Assisted Rate Case in Lake County, by Theodore S. Jansen d/b/a Ravenswood Water System.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 93-04, from the City of Eustis, adopted by the Eustis City Commission, in regular session, on May 20, 1993, voluntarily annexing into the corporate limits of the City of Eustis 35.6 acres of vacant land for development by the First Baptist Church of Eustis.
Audits/State Agencies
Request to acknowledge receipt of Report No. 12093 - Operational Performance Audit from the State of Florida, Office of the Auditor General, for the period of January 1, 1992 through December 31, 1992.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending May 31, 1992, in the amount of $116,176.41. Same period last year: $126,663.40.
Accounts Allowed
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 Clerical Support Division of the Clerk's Office.
PERSONAL APPEARANCES
EMPLOYEE AWARDS
Commr. Swartz, Chairman, presented the following plaques and bond:
Plaques to Outgoing Members of the Planning and Zoning Commission
Mr. Jim Miller
Mr. John Driggers
Mr. John Harrison
Mr. Herman Durias
Plaque to Outgoing Member of the Code Enforcement Board
Mr. Brandon Wald
Plaques to Employees with Five Years of Service to the County
Charles E. Clinton, Landfill Guide, Public Services/Solid Waste Management
Edgar "Eddie" Espittia, Corrections Officer, Corrections/Jail Operations
Clarence L. Hobdy, Mechanic II, Public Services/Vehicle Maintenance
Lana L. Lynch, Records Clerk, Corrections/Jail Operations
Stephen M. Watson, Corrections Officer, Corrections/Security
Plaque to Employee with Ten Years of Service to the County
Charles "Jack" Bragg, Building Official, Planning and Development/Building
Plaques to Employees with Fifteen Years of Service to the County
Andrew C. Duncan, Mosquito Control Inspector II, Public Services/Mosquito & Aquatic Management
David M. Scott, Equipment Operator III, Public Services/Roads
Plaque to Retiring Employee
Virginia R. McAllister, Secretary III, Planning Division, Department of Planning and Development
Plaque and Bond to July Employee of Month
Robert "RJ" Johnston, Design/Graphics Technician, Technical Support, Engineering, Department of Public Services
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved the following requests:
Budgets/Budget Transfers/Libraries/Sheriff's Department
Planning & Development/Resolutions
Request from the Office of Budget for approval of the following Budget Transfers, Resolutions, and Expenditure:
Budget Transfers
Fund: General
Department: County Attorney
From: Contingency $ 20,000.00
To: Operating Expenses $ 20,000.00
Transfer No.: 93-0222
Fund: General
Department: Property Appraiser
From: Contingency $ 4,575.00
To: Personal Services $ 3,500.00
Operating Expenses $ 1,075.00
Transfer No.: 93-0228
Fund: Self Insurance-Comprehensive
Department: Office of Human Resources
Division: Risk Management
From: Special Reserve $239,562.00
To: Operating Expenses $239,562.00
Transfer No.: 93-0213
Fund: Self Insurance-Employee Group
Department: Office of Human Resources
Division: Risk Management
From: Special Reserve $ 1,000.00
To: Operating Expenses $ 1,000.00
Transfer No.: 93-0210
Budget Transfers (Cont'd.)
Fund: Self Insurance-Employee Group
Department: Office of Human Resources
Division: Risk Management
From: Special Reserve $298,638.00
To: Operating Expenses $298,638.00
Transfer No.: 93-0220
Fund: General
Department: Sheriff
From: Contingency $ 10,000.00
To: Trans/Law Enf-Other Exp. $ 10,000.00
Transfer No.: 93-0238
Resolutions
Resolution from Library Services requesting that the Library Services Fund for FY 1992/93 be amended, to increase the total budget, to include unanticipated revenue received from the Library Services and Construction Act Grant from the State of Florida, Department of State, Division of Library and Information Services, for Library Services, through Technology OCLC (On-Line Computer Library Center) Selective Users Project, in the total amount of $7,325.00, with the first payment, in the amount of $4,325.00, to be released upon proper execution of the grant contracts, and the second and third payments, in the amount of $1,500.00 each, to be released in FY 1993/94, for the purpose of interlibrary loans assistance.
Resolution from Planning Operations - Comprehensive Planning establishing the Lake County Affordable Housing Assistance Trust Fund, in order to receive unanticipated revenue, in the amount of $328,596.00, from the Florida Housing Finance Agency State Housing Initiatives Partnership Program.
Resolution from Planning Operations - Comprehensive Planning requesting that the General Fund for FY 1992/93 be amended, to increase the total budget, to include unanticipated revenue received from the Lake County Affordable Housing Assistance Trust Fund, for the purpose of administrative expenses, in the amount of $16,448.00.
Expenditure
Expenditure from the Law Enforcement Trust Fund, in the amount of $33,791.68, for the payment of purchases of equipment, other current charges, and a contribution to the RSVP Program. Said funds expended in accordance with the provisions of Florida Statutes, Section 932.704.
Community Services/Contracts, Leases & Agreements/Grants
Request from Community Services for approval of the LSCA (Library Services & Construction Act) Grant Project Agreement, Library Services Through Technology - OCLC (On-Line Computer Library Center) Selective Users Project. The grant totals $7,325.00, with $4,325.00 to be disbursed in FY 1992/93, and $3,000.00 to be disbursed in FY 1993/94.
Accounts Allowed/Community Services/Public Health
Request from Community Services for authorization to pay the monthly medicaid hospital bill, in the amount of $52,422.30, and the medicaid nursing home bill, in the amount of $27,663.91, for the month of April.
Accounts Allowed/Community Services
Contracts, Leases & Agreements/Private Industry Council
Request from Community Services for approval of the existing lease addendum for additional temporary space for the PIC (Private Industry Council) Summer Program, at 205 N. Texas Avenue, Tavares, Florida, in an amount not to exceed $1,589.85, and authorized proper signatures on the necessary document.
County Employees/Human Resources
Request from Human Resources for approval of certificates to employees with three years of service to the County and authorized proper signatures on same.
Agricultural Center/Committees/Human Resources
Request from Human Resources that Sandra Baum, Executive Secretary, Agricultural Cooperative Extension Service, be appointed as the Non-Supervisory (Employee) member of the Personnel Committee, replacing Mr. Jack Perez, effective July 13, 1993.
Accounts Allowed/County Employees/Human Resources
Request from Human Resources for approval of the settlement of the Workers' Compensation claim, in the amount of $46,750.00, in the case of Gloria Terry vs. Lake County Board of County Commissioners.
Committees/Planning & Development
Request from Planning and Development that the following refunds be made, in relation to Board of Adjustment variance cases:
William D. Russell, Jr. - $229.81
Case No. BOA 15-93-3
Marshall H. & Betty L. Gaard - $232.65
Case No. BOA 16-93-4
Henri Paets - $219.85
Case No. BOA 21-93-3
Accounts Allowed/Bonds/Planning & Development/Subdivisions
Request from Planning and Development for approval of the final plat of Greater Pines, Phase I, and acceptance of a Performance Bond, in the amount of $589,653.03, for the construction of improvements. (76 lots in District 2)
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Planning & Development/Roads-County & State
Request from Planning and Development for approval of the final plat of Preston Cove; acceptance of an Escrow Agreement, for maintenance, in the amount of $35,900; and acceptance of the following roads into the County maintenance system: Preston Cove Road (2-0938C), Beggs Court (2-0938D), Haskell Drive (2-0938E), and Sooner Drive (2-0938F), subject to review and approval by the County Attorney.
Deeds/Planning & Development/Rights-of-Way, Roads & Easements
Request from Planning and Development for acceptance of Non-Exclusive Easement Deeds from William L. and Kathy L. Raymer; James and Mary K. Moore; and Randel E. and Thedis Simmons.
Deeds/Planning & Development/Rights-of-Way, Roads & Easements
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed from James H. and Dorothy S. Horsfall, in relation to large lot split No. LLS 93-30.
Deeds/Planning & Development/Rights-of-Way, Roads & Easements
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed from Lake Yale Properties, Inc., in relation to large lot split No. LLS 93-33.
Deeds/Planning & Development/Rights-of-Way, Roads & Easements
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed from Jesus Prudencio and Soledad Fernandez, in relation to large lot splits, Nos. LLS 93-9 and LLS 93-10.
Deeds/Planning & Development/Rights-of-Way, Roads & Easements
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed from Francisco and Gloria H. DeSousa, in relation to large lot split No. LLS 93-23.
Deeds/Planning & Development/Rights-of-Way, Roads & Easements
Request from Planning and Development for acceptance of a Non-Exclusive Easement Deed from Royal Palm Beach Colony, Limited Partnership (W. W. Lawrence and A. J. Lawrence, Jr.), in relation to large lot split No. LLS 93-36.
Land Development Regulations/Planning & Development
Request from Planning and Development for the County Attorney's Office to be authorized to amend the Land Development Regulations, to reflect the 1993 amendment of the Environmental Protection Act.
Accounts Allowed/Bids/Road Projects/Public Services
Request from Public Services for authorization to advertise for bids for the Thomas Avenue and West Main Street Lump Sum Construction Project, No. 20-93, at an estimated cost of $125,000.00, from the Road Impact Fee Fund. (Commissioner
District 1 - Benefit District 3)
Accounts Allowed/Road Projects/Public Services
Request from Public Services to award and authorize the C-44A/
C-44C Intersection Improvement Lump Sum Construction Project, No. 4-93, to Paquette Paving Company, and to encumber and expend funds, in the amount of $270,542.20, from Impact Fee Benefit District 3. (Commissioner District 1)
Accounts Allowed/Road Projects/Public Services
Request from Public Services to award and authorize the Twin Palms Road Widening and Resurfacing Lump Sum Construction Project, No. 12-93, to Asphalt Pavers, Inc. and to encumber and expend funds, in the amount of $112,605.00, from County Transportation Trust Funds. (Commissioner District 1)
Accounts Allowed/County Property/Deeds/Public Services
Request from Public Services for authorization to accept a check, in the amount of $4,500.00, from Altoona Methodist Church, for property declared surplus at the May 18, 1993 Board Meeting, and to execute a quit-claim deed for same.
Accounts Allowed/Mental Health/Public Services
Request from Public Services for authorization to pay Lake Sumter Mental Health $10,692.30, for Transportation Disadvantaged Services.
Deeds/Rights-of-Way, Roads & Easements/Road Projects
Public Services
Request from Public Services for authorization to grant a Deed of Conservation Easement to the St. Johns River Water Management District, as part of Road Project No. 4-92, Ranch Road "Part"
(3-2854).
County Property/Public Services
Request from Public Services to name the County park located at Brae Burn Street, Alpena Street, and Aberdovey Avenue in Mt. Plymouth Scott Park and to make improvements to the passive park, as indicated on the site plan.
Audits/Budgets/Mosquito-Aquatic Plant Management
Public Services/State Agencies
Request from Public Services for approval of the Amended Annual Certified Budget for Arthropod Control for FY 1992/93, required by the Department of Agriculture and Consumer Services (DACS), Bureau of Entomology and Pest Control, for mosquito management cooperators to receive matching state funds, in the amount of $15,000, for FY 1992/93, according to a mid-year audit.
Contracts, Leases & Agreements/Municipalities/Landfills
Public Services
Request from Public Services for authorization to submit an "intent to renew letter", as required in the agreement between Lake County and the City of Leesburg, for the treatment of landfill leachate, and authorized proper signatures on same.
Contracts, Leases & Agreements/Public Services
Request from Public Services for approval of the Agreement between Lake County and Tampa Scrap Processors, Inc., for scrap metal collection, extending same until September 30, 1993, and authorized proper signatures on same (three originals).
Deeds/Landfills/Public Services/State Agencies
Request from Public Services for authorization to file a Declaration to the Public, concerning Specific Condition No. 12 of the Closure Permit for the Loghouse Landfill with the Recording Department of the Clerk of Circuit Court's Office, with a certified copy of same and supporting documentation to be sent to the Florida Department of Environmental Regulation, and authorized proper signatures on same.
Deeds/Rights-of-Way, Roads & Easements/Public Services
Request from Public Services for approval of a Non-Exclusive Easement, to provide a stabilized access to a park located in Section 28, Township 17 South, Range 28 East, Lake County, Florida.
Deeds/Rights-of-Way, Roads & Easements/Public Services
Request from Public Services for authorization to accept the following Non-Exclusive Easement Deeds and Road Rights-of-Way:
Non-Exclusive Easement Deeds
David R. and Rhonda F. Harris
Lake Avenue
Susan E. Deal
Kathryn Circle (4-8992)
Barnett Bank of Lake County, NA
U.S. 441/S.R. 500 - Cross Access Easement
Road Rights-of-Way
John and Margaret J. Shegas
Richardson Road (5-7612)
James H. and Margaret H. Mayfield
Richardson Road (5-7612)
Deeds/Public Services
Request from Public Services for authorization to accept the following Statutory Warranty Deeds:
Robert F. and Peggy M. Evans
S.R. 46 and Orange Street (4-4385)
James Clinton and Mary Catherine Osteen
Hoboh Lane (2-0426)
Darrell Glenn Higdon and Jenifer Kemp
Ag Road (2-1311)
Charles Westcott, Sr. and
Elizabeth Westcott
C-44A
Blanche Carter
Lane Park Road (3-3637)
Warranty Deeds (Cont'd.)
Bruce and Sheila Short
Lane Park Road (3-3637)
Claude E. Smoak, Jr.
Jim Hunt Road (2-1751)
Curtis Peterkin, Jr. and Lydia E. Peterkin
Jones Drive (1-4605)
Jesus Prudencio Fernandez and
Soledad Fernadez
Lake Erie Road (2-0613)
Warranty Deeds (Cont'd.)
James H. and Dorothy S. Horsfall
Lake Dorr Road (5-8676)
Charles Stephen and Cynthia M. Lay
Caballo Road (1-4107)
James M. Bragg, Jr. and Jerriann Bragg
Mt. Pleasant Road (2-1412)
Joan H. Willhide
Lake Jem Road (3-3267)
Barnett Bank of Lake County, NA
U.S. 441/S.R. 500 - Frontage Road
Purchasing
Request from Purchasing for authorization to advertise for bids, proposals and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. cooperative bids, OEM repairs, sole source and proprietor source and approve and execute contracts and encumber funds, as follows:
A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.
DIVISION AMOUNT
1) Purchasing $ 6,000.00
Authorization to seek bids and approve technical specifica- tions for Lake County's Annual Bid for Fire Extinguisher Service, Bid #B-2-4-14.
2) Purchasing $ 10,000.00
Authorization to seek bids and approve technical specifica- tions for Lake County's Annual Bid for Pest Control Service Bid #B-2-4-15.
3) Purchasing $ 20,000.00
Authorization to seek bids and approved technical specifications for Lake County's Annual Bid for Coffee, Tea and Beverages, Bid #B-3-4-21.
4) Purchasing $175,000.00
Authorization to seek Bids and approve technical specifications for Lake County's Annual Bid for Computer Equipment and Software, Bid #B-4-3-79.
5) Purchasing $ 6,000.00
Authorization to seek proposals and approve technical spec- ifications for Lake County's Annual Proposal for Computer Maintenance. Information Services will administer this agreement for the Countywide maintenance of P.C. Equipment and Misc. Peripherals on an as needed bases and will do internal charge-backs to the Departments that require the contracted maintenance service.
6) Fire & Emergency $ 21,000.00
Authorization to seek bids and approve technical specifica- tions for three each, new Hydraulic Rescue tools, Bid # B-2-3-72.
7) Facilities & Capital $ 10,000.00
Improvements
Authorization to seek proposals and approve technical spec- ifications for the printing of 5,000 Lake County Central Park Brochures, Proposal #P-5-3-15.
B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders.
DIVISION AMOUNT
1) Fire & Emergency $ 24,000.00
Permission to Waive Bid Requirements and accept quotes and award the Purchase Order to the low most responsive quoter for one each new full size four-wheel drive utility vehicle, Quote #Q-2-3-15. This is a time sensitive project, due to the fact Purchasing will have to quote prices off the dealers lot. Automobile orders cannot be placed directly with the manufacturer until after September.
2) Corrections $ 25,500.00
Permission to waive bid requirements and accept quotes and award the Purchase Order to the low most responsive quoter for Hepatitis Vaccination for 184 Staff personnel for the Corrections Department. This vaccination is administered in three doses. The fiscal impact for 1992/93 Budget will be approximately $17,000.00 and the impact for 1993/94 Budget will be approximately $8,500.00 Purchasing requests permission to award the quote for all three doses and issue two Purchase Orders: One Purchase Order will be issued
this fiscal year and second Purchase Order in 1993/94 fiscal year. This is very time sensitive due to the urgent need to immunize the Correction's Staff.
D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.
DIVISION AMOUNT
1) Fire & Emergency $ 25,300.00
New Age Technologies/Issue Purchase Order for ten each 486 Personal Computers and eleven each Printers and misc. peripherals per Lake County's Annual Bid for Computer Hardware, Bid #066-250-092. This Bid was Board Approved on July 28, 1992.
2) Public Services $ 1,284.00
Bobcat of Orlando/Issue Change order for $1,284.00 total Purchase Order will be $30,000.00 for one new 2410 Articulating Loader and misc. attachments per G.S.A. Contract #GS-OOF-1606H. Board approved original purchase order for $28,716.00 on June 1, 1993, but a change order is needed to reflect the current 1993 G.S.A. pricing.
3) Purchasing $ 12,000.00
Merita/ Authorization to extend Lake County's Annual Bid for Bread and Rolls, Bid #025-375-093 for an additional six months and Issue a blanket Purchase Order within budgeted funds for Corrections. Effective from 10/1/93 through 3/31/94. Renewal Bid number will be B-3-4-25.
4) Purchasing $ 19,200.00
T.G. Lee/Authorization to extend Lake County's Annual Bid for Dairy Products, Bid #026-380-093 for an additional six months and issue a blanket Purchase Order within budgeted funds for Corrections. Effective from 10/1/93 through 3/31/94. Renewal Bid number will be B-3-4-26.
E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.
DIVISION AMOUNT
1) Facilities & Capital $ 1,000.00
Improvements
Austin Agency Inc./Issue Change Order for $1,000.00, total Purchase Order will be $6,975.00 for marketing consulting for the design and development of the Central Park Brochure. Pete Wahl approved the original Purchase Order for $5,975.00 on April 9, 1993 but a change order is needed to cover additional services not included in the original scope of services.
2) Mosquito Management $ 34,820.00
American Cyanamid Company/Issue Purchase Order for 2,000 gallons of Cythion Malathion ULV Concentrate 91% Technical. This is a sole source purchase with American Cyanamid Company.
They are the only American distributer of bulk Malathion with the "Mosquito Control Use Only" label. This type of malathion has worked very successfully for Mosquito Management and is one of the cheapest compound on the market.
F) Approve and Execute Contract, Agreements, Amendments, Chairman's Signature and Encumber Funds.
DIVISION AMOUNT
1) Sheriff's Department $ 7,200.00 Annually
Chris Cox/Issue Purchase Order and have the Board authorize the "Notice of Exercise of option to renew Lease Agreement", pending the County Attorney's final approval. This agreement is for the rental of office space in Eustis for the Sheriff's Department. Term of the Agreement is from October 1, 1993 through September 30, 1994.
2) Sheriff's Department $ 9,000.00
Annually
James L. Meadow/Issue Purchase Order and have the Board authorize the "Notice of Exercise of option to renew Lease Agreement" pending the County Attorney's final approval. This agreement is for the rental of office space in Sunnyside Plaza, Clermont, for the Sheriff's Department. Term of this Agreement is from October 1, 1993 through September 30, 1994.
Contracts, Leases & Agreements/Tourism
Request to renew existing contract agreement between Lake County and Husebo Advertising & Public Relations, Inc., per Article 6 of said contract, for tourist development advertising services, and authorized proper signatures, as requested by Office of Tourism.
Accounts Allowed/Contracts, Leases & Agreements/Tourism
Request for authorization to execute 12 month agreement for rental of three (3) billboards on U.S. 27 and to encumber and expend funds, in the amount of $9,629, as requested by Office of Tourism.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/GRANTS/TOURISM
Mr. Dave Warren, Director, Office of Tourism, explained this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved grant applications recommended by the Tourist Development Council and a request to encumber and expend funds, not to exceed $53,900, as requested by the Office of Tourism.
FACILITIES & CAPITAL IMPROVEMENTS/PUBLIC SERVICES
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved a request for authorization to have Odell Associates, Inc. include the Public Services Building in the County's renovation program, as requested by Facilities & Capital Improvements.
CONTRACTS, LEASES & AGREEMENTS/COURTHOUSE
FACILITIES & CAPITAL IMPROVEMENTS
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved an amendment to the design contract with Odell Associates, Inc., to include the Historic Courthouse's square footage in the overall basic service fee, as requested by Facilities & Capital Improvements.
CITIZEN QUESTION AND COMMENT PERIOD
No one wished to address the Board.
COMMITTEES/ENVIRONMENTAL SERVICES/PLANNING & DEVELOPMENT
Mr. Pete Wahl, County Manager, requested that the Board postpone indefinitely a request to reactivate the Lake County Acquisition of Environmentally Sensitive Lands Advisory Committee (AESL), to evaluate agency requests regarding land acquisition activities in Lake County, as he saw no need for the committee to be reactivated, at this time, which he explained. He noted, however, that he felt the matter did need to be addressed at some future date.
Commr. Hanson stated that she had met with Representative Dean Saunders, from the St. Johns River Water Management District, regarding the concept of a PDR (Purchase of Development Rights) Program. She stated that the Agricultural Committee would be looking into the matter, but, has requested that the Board coordinate with Polk County concerning their GIS Studies on what would be the first priority, in the Green Swamp, if the PDR Program were to be implemented.
Commr. Hanson stated that Mr. Saunders is going to try to get the Legislature to approve using Preservation 2000 (P-2000) funds for possible purchase of development rights, noting that they are looking at using the Green Swamp as a target area for this concept. She stated that she felt it was critical for the counties to work together, in their mapping processes, to determine which area is the most important. She stated that Lake County certainly needs to remain part of the process, to make sure that the County is included in the total picture.
Commr. Swartz requested staff to get together with Will Davis, Lake County Water Authority, and request that his GIS employee update the Board on where they are in this process, noting that he understood they have submitted a tremendous amount of data on the subject and felt that it would help the Board tremendously in their development review.
Commr. Bailey stated that he felt, if the Board assigns a staff person to be a part of the process, that said person should update the Board after each meeting and felt that it was important for the commissioners to attend the meetings, whenever possible.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone indefinitely a request to reactivate the Lake County Acquisition of Environmentally Sensitive Lands Advisory Committee, to evaluate agency requests regarding land acquisition activities in Lake County, as requested by the County Manager.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
ROADS-COUNTY & STATE/PUBLIC SERVICES
Mr. Jim Stivender, Jr., Director, Public Services, explained this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request for authorization to execute the Interlocal Agreement between Lake County and the City of Eustis, relating to road improvements at Hicks Ditch Road, the intersection of Getford and Palmetto Roads, and Getford Road, subject to review and approval by the County Attorney, as requested by Public Services.
BIDS/PUBLIC SERVICES
Mr. Jim Stivender, Jr., Director, Public Services, explained this request.
A brief discussion occurred.
Ms. Annette Star Lustgarten, County Attorney, stated that the Board would need to determine, pursuant to Chapter 287.057 of the Florida Statutes, that there is an emergency which is a threat to public health, safety, and welfare, based on time constraints.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board declared an emergency and authorized negotiations with the best qualified Design Build firm available, for Design Build Project No. 10-93, East/West Connector (C-467), Phase IB, Proposal No. P-5-3-12, as requested by Public Services.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Swartz informed the Board that Mr. Gene Kastner, who had served on the Pollution Control Board, as the Engineering Representative, passed away and that the Board would need to readvertise that position. He requested staff and the Board members to look for a suitable replacement.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board reappointed Mr. Steve Adams, as the Conservation Representative, and Mr. David Burkhardt, as the Business/Industry Representative, to the Pollution Control Board.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board appointed Ms. Cecelia Bonifay to the Land Development Regulations Review Committee, representing the Development position.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board appointed Ms. Bonnie Roof to the Land Development Regulations Review Committee, representing the Development position.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board appointed Mr. Bill Good to the Land Development Regulations Review Committee, representing the Environmental position.
Commr. Gerber made a motion to appoint Mr. Rolon Reed to the Land Development Regulations Review Committee, representing the Environmental position.
The motion died for lack of a second.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board appointed Ms. Pat Leonard to the Land Development Regulations Review Committee, representing the Environmental position.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. Rolon Reed to the
Land Development Regulations Review Committee, representing District 1.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board appointed Mr. Reginald "Reggie" Tisdale to the Land Development Regulations Review Committee, representing District 4.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board appointed Mr. Larry Lennox to the Land Development Regulations Review Committee, representing District 2.
ENVIRONMENTAL MANAGEMENT SERVICES/WATER AUTHORITY
MUNICIPALITIES
Mr. Jim Barker, Director, Environmental Management Services, appeared before the Board and updated them as to what has transpired, up to this point, regarding the issue of the Astor/Astor Park Water Association's request for financial support for the provision of wastewater service, noting that the project has been going on for a substantial amount of time.
Mr. Barker stated that Astor/Astor Park has been identified as an area in the County's Water/Wastewater Management Plan that has some environmental concerns and should be one of the County's top priority items with regard to water/wastewater services.
Mr. Barker stated that the Astor/Astor Park Water Association has been striving to be that provider for a number of years and, in doing so, they have looked at a number of sites. He stated that they have looked at sites for both the placement of the plant, as well as effluent disposal, at which time he noted that there are very limited places that would be suitable for wastewater treatment effluent disposal.
Mr. Barker stated that the Association has met with him, Commr. Hanson, the County Attorney, representatives from the Ocala National Forest, and the St. Johns River Water Management District, in trying to find a site that would be suitable for their purpose. He stated that no environmental concerns have been expressed by the Sierra Club and the Association has a pending application for funding from the Farmers Home Administration (FmHA).
Mr. Barker stated that a requirement of that application is that the Association show some sort of guaranteed revenue source, either through the use of MSTUs, MSBUs, or some other type of special assessment program that would assure the Farmers Home Administration that there is a backup method for repaying the loan. He stated that, in meeting that requirement, the Association has asked that some letters be sent to the Farmers Home Administration stating that the Board supports the Association in this matter.
Mr. Barker stated that the purpose of the Association being present this date was to find out whether or not the financial support that they need would be forthcoming, at which time he discussed various ways in the which the County could provide said support, such as special assessments, grants, MSBUs/MSTUs, etc.
Mr. Pete Wahl, County Manager, interjected that, in his discussions with staff and the Association, he felt the appropriate way to address the issue would be through an MSBU.
Ms. Annette Star Lustgarten, County Attorney, stated that, in meeting with the Farmers Home Administration, their underlying concern was that the County would, in some way, have some financial involvement, to secure the loan.
Commr. Cadwell stated that it is almost an emergency situation, but, if the Board is going to support the Association financially, they need to be convinced that the Association is the one that needs to be providing the water/wastewater services for the Astor/Astor Park area.
Mr. Cadwell stated that the membership of the Association has changed many times over the years and is subject to change again at any time and the Board needs to make sure that there is stability in the Association and that everyone is moving in the same direction.
Commr. Hanson stated that the real impact of the situation is what is being done to the St. Johns River, noting that raw sewage is presently going into the river. She stated that it is a serious situation and, if the County ever needed a sewer system for a particular area, Astor is one of those areas.
Mr. Bill Chandler, Jr., President, Board of Directors, Astor/Astor Park Water Association, Inc., appeared before the Board stating that the only support the Association has requested from the County, to date, has been to provide avenues from which they can receive grant monies. He stated that they are having a problem finding property to trade for the property that they are seeking for the water/wastewater system. He stated that they are presently seeking to acquire a 40 acre tract in the middle of the Ocala National Forest, near Salt Springs.
Mr. Chandler stated that they originally thought they were going to be able to acquire a special use permit and be able to spray in the Ocala National Forest, therefore, would not have to purchase any land, however, that did not work out. He felt that, possibly, with some political pressure, that avenue may be reopened and may well be the best way to go, at this point in time.
Commr. Swartz stated that, up to this point, the only discussions the Board has had regarding the issue is with the Astor/Astor Park Water Association. He stated that, if the County makes a determination that they are going to do more than they have in the past, and it is going to require a special assessment or some type of municipal service taxing district, then, prior to making that commitment, the Board needs to go through some type of public hearing process.
Mr. Chandler stated that it is a requirement of the Farmers Home Administration that the Association be able to provide for a special assessment, if needed. He stated that the Association feels, with the revenues they have coming in, that they will not need a special assessment, but, they still have to have the capability of doing one, in order to satisfy the Farmers Home Administration.
Ms. Lustgarten, County Attorney, stated that the County created a MSTU, with the Astor/Astor Park area, as a MSBU in 1990. She stated that there are two things that are necessary for the grant to go forward, being (1) to enforce mandatory hookup and (2) to secure a financial obligation. She stated that, at any workshop meeting that the Board might have, a representative from the Farmers Home Administration would need to be present, to fully explain the situation.
The Board directed staff to put together a workshop meeting to look at all the issues involved with this request and provide the Board with some information on the development pattern that is in place. He stated that staff needs to let the Board know where the biggest problems are, provide some soil information for the Board to look at, and make sure that the meeting is scheduled to where either Mr. Chandler or some of his associates can be present for input.
Mr. Chandler informed the Board that the Association has been in contact with Mr. John Day, the Economic Development Association representative in Orlando, who indicated to him that there could be some assistance from them, possibly $1 million, provided they can acquire the necessary paperwork and support from the Board.
Commr. Cadwell questioned whether the Association would be providing water on both sides of the St. Johns River, to which Mr. Chandler replied that they would be. He stated that the Association has provided Volusia County with all the documentation from the County and they have indicated that they would follow suit. He stated that there would be a later phase in their development.
Commr. Cadwell suggested that staff contact Volusia County and see if they are in agreement with this request, due to the fact that some of the people who reside in that County will be serviced by the system.
No action was taken at this time.
PUBLIC HEARING
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Ms. Annette Star Lustgarten, County Attorney, explained this request, stating that it was a case where a county truck was involved in an automobile accident.
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. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved a Settlement Agreement for Theresa and Frank Miller vs. Lake County - Case No. 92-3074-CA, in the amount of $12,500.00, plus the mediator's fee, as requested by the County Attorney.
REPORTS
RESOLUTIONS
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved a Proclamation designating August 14, 1993, as Lake County Safety Day, as requested by Commr. Swartz.
ACCOUNTS ALLOWED
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved ratification of financial items which needed to be paid prior to the Board Meeting, as requested by Commr. Swartz.
MEETINGS/REZONING
A motion was made by Commr. Hanson to change the time for the County's Rezoning Meetings from 6:00 p.m. to 9:00 a.m.
The motion died for lack of a second.
Discussion occurred regarding the matter.
A motion was made by Commr. Hanson and seconded by Commr. Gerber to move the time from 6:00 p.m. to 2:00 p.m.
Under discussion, each commissioner stated how he and she felt about the matter, at which time Commr. Swartz suggested that the item be put on an agenda to be brought back to the Board at a later date, for further discussion, in order to give the commissioners additional time to consider some alternatives.
Commr. Hanson withdrew her motion and Commr. Gerber withdrew her second.
No action was taken at this time.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
Accounts Allowed/Budgets/Budget Transfers/Sheriff's Department
Request from the Office of Budget for approval of the following:
Budget Transfer
Fund: General
Department: Sheriff
From: Capital Outlay $ 34,728.00
To: Trans/DUI/Equipment $ 34,728.00
Transfer No.: 93-0251
Ordinances/Solid Waste
Request from Public Services for authorization to revise the Lake County Code, Chapter 21, relating to the collection and disposal of solid waste generated in Lake County and to authorize the County Attorney to draft the appropriate ordinance amending said chapter of the Code.
Assessments/Resolutions/Solid Waste
Request from Public Services for approval of a Resolution describing and authorizing the Non Ad-Valorem Assessment first class notice for the Solid Waste Management System.
CONTRACTS, LEASES & AGREEMENTS/PUBLIC SERVICES
RIGHTS-OF-WAY, ROADS & EASEMENTS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried, the Board approved a request to authorize execution of an agreement between Richard W. Gerber and Lake County for rights-of-way at Thomas Avenue (1-5108) and C.R. 44C, as requested by Public Services.
Commr. Gerber declared a Conflict of Interest and abstained from the discussion and vote.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to fund service providers, as indicated in the backup from the Citizens' Commission for Children's budget, in the amount of $11,713.00, as requested by Community Services.
The contracts are to be brought back to the Board of County Commissioners for final approval, subject to review and approval by the County Attorney.
REPORTS (CONT'D.)
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a Resolution Recognizing the Efforts of Groups Promoting Breast Feeding of Infants in Florida, as requested by Commr. Hanson.
RECESS & REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would recess until 2:00 p.m., for a Land Development Regulation Workshop.
PUBLIC HEARING
LAND DEVELOPMENT REGULATIONS WORKSHOP
DEVELOPMENT REGULATIONS SERVICES/PLANNING & DEVELOPMENT
The Chairman called the public hearing to order.
Ms. Annette Star Lustgarten, County Attorney, updated those present concerning what has happened, to date, with respect to the issue of vesting. She stated that the vested rights language that is now in the Comprehensive Plan, as a result of the County's Stipulated Settlement Agreement with the Department of Community Affairs (DCA), tracks the language in Chapter 163 of the Growth Management Act, which she noted sets the parameters within which vesting may be granted by local governments.
Ms. Lustgarten stated that that policy is set out in the Lake County Comprehensive Plan as Objective 1-12A, on Page I-72, and that the two standards for vested rights that the County is proceeding under, in relation to what is and is not vested, are set out in the Comprehensive Plan, as well as in the State Statutes, at which time she briefly discussed said language.
Ms. Lustgarten pointed out the fact that lot splits (which were previously called lot waivers) - agricultural, minor lot splits, and large lot splits that were obtained prior to March 2, 1993 (the date that the Board enacted and adopted the Comprehensive Plan) shall be vested for density.
Ms. Lustgarten stated that the ordinance addresses development orders, or development permits, that applicants have applied for that the Board, or staff, at the direction of the Board, has taken action on, which she noted is one step beyond mere zoning.
Ms. Lustgarten stated that they address very specifically master park plans, preliminary plats, final plats, final site plans, construction plans, and building permits and noted that they have options available to the Board, in relation to those development orders, or development permits, as to the extent of vesting that they wish to permit, depending upon what has occurred.
Ms. Lustgarten then addressed the issue of Lots of Record, noting that the Comprehensive Plan, in response to the Stipulated Settlement Agreement with DCA, specifically addresses Lots of Record. She stated that it requires aggregation of Lots of Record, if they are adjacent lots of common ownership; therefore, the County's vested rights ordinance needs to address that particular concept, as well.
Ms. Lustgarten stated that, in the LDRs that were adopted in February of this year, the County required aggregation. She stated that what was before the Board, this date, were two options, in relation to how Lots of Record shall proceed, based on what the initial intent was when Lots of Record were first addressed in the Lake County Code, which she noted were tied to the 1982 tax rolls. Ms. Lustgarten stated that, in addition to that, the Board addressed other issues, in response to various discussions that were held, such as non-conforming uses (previously located in Chapter 12), which did not permit variances. She stated that said language has been moved to Chapter 3, which does permit variances, and noted that they have added language that would permit an existing non-conforming use that had been destroyed to have two years to re-establish itself, for that particular non-conforming use.
Ms. Lustgarten stated that, in addition, they have added a time frame for a vested rights determination, which had previously been stricken. She noted that some additional changes, dated July 12, 1993, which were made to the draft amendments before them this date, dated July 8, 1993, had been distributed, for their perusal.
Commr. Swartz stated that two issues which he felt were creating the most interest and were probably the most misunderstood were Lot Splits and Lots of Record, at which time he explained that Lot Splits (Agricultural, Minor or Large) are lots that were split by some action of the County, prior to March 2, 1993, and are vested, in both the Comprehensive Plan and the LDRs, for intensity and density.
Commr. Hanson questioned, if lots splits are vested for density and intensity, whether they should be vested for concurrency, as well, to which Mr. Tim Hoban, Assistant County Attorney, responded, stating that the only place where there might be a problem with concurrency is where one might have an agricultural lot split, or a large lot split, on Hwy. 441 between the Dead River and the City of Leesburg.
Mr. Hoban stated that, at the present time, there is no place in the County that has a moratorium, however, noted that there may be one in the near future, due to over capacity on Hwy. 441. He stated that the rest of the County does not have a problem with concurrency, at this time, for lot splits.
A brief discussion occurred regarding the matter.
Regarding the issue of Lots of Record, Commr. Swartz stated that the Board had before them two (2) options, which have been used by county government to deal with old plats that have been in existence and individuals who may have owned one lot, or several lots, or someone who may own a large number of lots. He stated that one of the options pertaining to the Lots of Record almost identically mirrors what was the old Lot of Record Ordinance.
Commr. Hanson stated that, rather than vest, Sumter County gave a two year time frame to bring everything into compliance and questioned what it would do to this County's Comprehensive Plan and LDRs, as the County moves forward, if this County did the same thing. She noted that a two year time frame would give the general public, if the County could notice everyone, time to come forward and get a determination of vesting. She stated that apparently DCA has approved it for Sumter County, therefore, questioned whether it would be a possibility for this county.
Ms. Lustgarten, County Attorney, responded that the language in the Comprehensive Plan is very specific as to what can and cannot be vested and the County has to comply with that language. She stated that the County is precluded from issuing development orders that were not consistent with the Comprehensive Plan and noted that the County is mandated by the Stipulated Settlement Agreement with DCA, to have an ordinance in place this month.
Ms. Lustgarten stated that the various development orders that the County is currently dealing with do have time frames and the County will have the ability to give those people that are under those constraints notice that they have a certain time frame within which to vest a particular piece of property.
Commr. Hanson stated that her concern is with all the little people who will never know, until they try to pull a building permit five years from now, that they cannot build on their property, for whatever reason.
Further discussion occurred regarding the issue of lots being vested and what one would have to do in order to pull a building permit.
At this time the Board reviewed, page by page, the LDRs, as follows:
Page I-1
Ms. Lustgarten, County Attorney, stated that the language contained on this page sets out criteria that the County is required to follow, pursuant to Chapter 163 of the Florida Statutes, concerning statutory and common law vesting.
Page I-2
Delete the word "only" at the end of the sentence under Chapter I, Subsection 1.02.04 - Agricultural Lot Split.
Mr. Steve Richey, Attorney, appeared before the Board and discussed the issue of Subsection 1.02.03 - Administrative Lot Split, stating that it was his understanding that between 1959 and 1982, if he had a metes and bounds legal description recorded in the public records of Lake County that, at some future date, during that period of time and after that period of time, if he brought a copy of that recorded deed, survey, drawing, etc. to the County that he would be able to obtain a building permit.
Mr. Richey addressed the fact that the definition of an Administrative Lot Split refers to lots being created by a "process" and the fact that there was no process between the years of 1959 and 1982. He stated that the "process" was whatever somebody chose to make it at the time.
Mr. Richey stated that there are hundreds of such lots in the County that were legally created and are recorded in the public records of Lake County. He stated that, if the intent of the language contained in said paragraph is to honor those lots by saying "legally created", then he did not have a problem with the word "process". However, if the intent is for those individuals who had lots created between 1959 and 1982 to lose their rights, then he feels that the wording needs to be interpreted differently than what it is.
Commr. Swartz stated that he felt the issue Mr. Richey brought up needed to be discussed, because it was a different process than what was addressed in the language before the Board this date. He stated that, according to said language, the lots alluded to by Mr. Richey would not be vested.
Mr. Richey stated that, if the definition of "process" includes the non-processed lots, then the language he alluded to addresses the issue. He noted, however, that the County Attorney stated the language does not address it, therefore, requested the Board to consider protecting those individuals who went through the process between 1959 and 1982 and even those who went through the process after 1982.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and discussed the issue of vesting for Administrative and Agricultural Lot Splits. She stated that the Board had stated, if the lots were processed prior to March 2, 1993, they are vested for density.
Ms. Bonifay questioned the fact that, if one tried to pull a building permit saying that they were vested, but, may not meet the land use classification where they are currently located and do not follow the requirement for aggregation, whether they would have to meet the Comprehensive Plan requirements of March 2, 1993 and the Comprehensive Plan and Land Development Regulation requirements that are in effect at whatever time in the future that it might occur, to which the County Attorney replied that they would.
Ms. Bonifay stated that people feel, when they read the policies of the Comprehensive Plan, that what one giveth with one hand they taketh away with the other.
Ms. Marian McKinney, a local resident, appeared before the Board stating that there are a lot of lot splits in the County that were created, where the lot split met the side setback requirement at the time that it was created, however, since the County changed the setback requirement from the original 5 feet to 25 feet, in February of this year, some people are now unable to obtain building permits.
Considerable discussion occurred regarding the matter, at which time it was noted that the language pertaining to same needed to be amended.
Mr. Greg Homan, a local resident, appeared before the Board and questioned, in the case of an Administrative Lot Split and five acre tracts, whether they would be vested for density, even if the new Comprehensive Plan has stated that that density is too high, to which he was informed that, if an individual has an existing lot split that has been approved by the County, it is vested.
Mr. Richey, Attorney, reappeared before the Board stating that, if the lot splits alluded to were vested for density and intensity, then the side setback problem that people are encountering would be eliminated. He stated that, at the present time, people have to apply for a variance from the Board of Adjustment and spend needless dollars doing so. He stated that he is not aware of anything in the Comprehensive Plan that prevents the County from vesting the lots for density or intensity.
Commr. Swartz interjected that the Board could go back and reinsert language that was taken out, during a previous meeting, concerning setbacks.
Mr. Pearl McCreary, a resident of Astor, appeared before the Board and questioned whether the issue being discussed pertained to those lots that were platted years ago, to which he was informed that it was not. He was informed that the present discussion pertained only to vesting for density, with regard to administrative and agricultural lots.
Page III-35
Discussion occurred regarding Lots of Record (old plats that exist in the County, as recorded in Plat Books 1 through 22), on Page III-35 of the July 12, 1993 draft amendments, at which time Mr. Hoban, Assistant County Attorney, noted that the Board had two options concerning Lots of Record, from which to choose, Option 1 or Option 2, which he discussed. He stated that the only difference between the two was in the paved road requirement, which he elaborated on.
Commr. Swartz discussed the two options, noting that one of the problems with Option 2 is that it puts a requirement in that was never in the old Lot of Record Ordinance. He stated that the old Lot of Record Ordinance came into place when Lake County went to comprehensive zoning and that it was intended to recognize the fact that there were plats in existence that did not meet the zoning category that was in place. He stated that it said, under certain circumstances, that one could get a building permit, if that individual could obtain a septic tank permit. However, if there were no paved roads, and the individual owned multiple lots, he or she could only pull one building permit.
Commr. Swartz stated that it was designed to ensure that, if an individual owned a lot prior to 1982, said individual would always be able to pull a building permit, but, for those individuals who owned multiple lots, it was designed to encourage that road improvements be put in. He stated that Option 1 allows an individual who owns a lot to pull a building permit with or without the road being paved.
Mr. Ed Bergman, a local realtor, appeared before the Board stating that, in aggregating lots up to the future land use density, it could put a burden on those people who are within a rural residential area, because they would have to pave every lot that they have, in order to get one building permit, and he had a problem with that.
Commr. Bailey stated that he would like to see the Board address that issue.
Commr. Swartz stated that, if the Board wanted to mirror the old Lot of Record Ordinance, they would need to go with Option 1.
Commr. Hanson stated that the Board originally threw out the old Lot or Record Ordinance, so she did not think that they would want to mirror what had been in place in the past.
Discussion then occurred regarding whether the language was thrown out or inadvertently left out by the consultants.
It was noted that the language contained in the Lot of Record Ordinance is word for word out of the Comprehensive Plan and that, in order to address the issue that Mr. Bergman alluded to, concerning the requirement that the lot size meet the category of the Future Land Use Map, it would require an amendment.
It was also noted that Option 1 does not require aggregation up to the zoning classification, it leaves things, as closely as possible, to the way that the old Lot of Record Ordinance was, except for the fact that, as required by the Comprehensive Plan, it would require aggregation of the minimum lot size to the category of the Future Land Use Map.
Mr. Buddy Graham, a local resident, appeared before the Board stating that he had a development consisting of 40 lots on one side of Hwy. 452 and 15 lots on the other side, zoned one dwelling unit per five acres, same ownership, and questioned whether he was going to have to aggregate his property, to which he was informed that he would not.
Mr. John Shegas, a local resident, appeared before the Board and read a statement into the Minutes indicating the fact that he was against all the zoning changes that the County is enacting. He stated that he felt it was the Board's responsibility to protect the property rights of the people of Lake County and he did not feel that they were doing that. He was concerned about those individuals who have purchased land, with the intention of some day building homes on said land, only to find out that, when that time comes, they will not be able to obtain a building permit to do so. Mr. Shegas feels that the County should reimburse those individuals for their land, at a fair market value, plus taxes that they may have paid on the property through the years. He submitted several pictures (five marked Exhibit A) of homes in Carlton Village and (six marked Exhibit B) of vacant lots in said subdivision that people are using for a dump, for the record, noting that, if no building permits are allowed in that area, the problem is only going to get worse.
Mr. Shegas stated that he felt it was time for the citizens of the County to stand up against what they feel is robbery of their land and noted that he would join his neighbors in a class action suit against the County, regarding same, if need be.
Mr. Ed Watkins, a local resident, appeared before the Board stating that he has six Lots of Record that he has owned for the past 15 years and that he has building permits and septic tank permits for all of them, which the County approved. He questioned whether the County would honor the permits, since they were issued to him 15 years ago, to which Commr. Swartz responded, stating that, if Mr. Watkins has a building permit that is still a valid one, then he will be able to build whatever that permit allows him to build.
It was noted that Mr. Watkins' permits were inactive, therefore, he would have to renew them, at the current price, in order to be able to build on them.
Ms. Cecelia Bonifay, Attorney, appeared before the Board stating that, she understood them to say, earlier in the meeting, that certain portions of Options 1 and 2 do not comply with the Comprehensive Plan, however, was informed that they do comply with same. She stated that she understood them to say that the Comprehensive Plan requires one to aggregate up to the land use classification that is in place, as of March 2, 1993, to which Mr. Hoban, Assistant County Attorney, informed her that that was correct.
Ms. Bonifay then questioned how the County was going to, under Option I 1.c., meet the minimum lot size requirement of 12,500 square feet, to which Mr. Hoban responded, stating that, if one is in a rural area, they have to aggregate up to five acres, which he noted overrides the 12,500 square foot requirement. If the individual is in an urban area, which is a much higher density, then said individual will have to aggregate up to the 12,500 square foot requirement.
Ms. Bonifay then clarified the fact that, if one has a higher density, they are going to have to go with the 12,500 square foot requirement; however, if they have a lower density, they will have to go with whatever that density is. She stated that the County keeps considering rural as being the lowest density in the Green Swamp, however, questioned whether it was not correct that, if one is in the Green Swamp, it means that they meet either one unit per 10 acres, or one unit per 20 acres, to which she was informed that that was correct.
Ms. Bonifay then referred to Page III-37, Paragraph B, which states that a Lot of Record of any size, which meets the minimum lot size requirements of Chapter 10D-6 of the Florida Administrative Code, shall be allowed, at which time she informed the Board that she had just taken a septic tank variance to HRS (Health & Rehabilitative Services), on behalf of an individual, because he could not meet the Comprehensive Plan requirements in the Green Swamp.
Ms. Bonifay stated that staff had written, in the HRS criteria, that the County did not allow a variance in the Comprehensive Plan, so, even though said individual is going through HRS and will get a septic tank permit, which she noted he has spent a lot of money in doing so, he feels that, if he is not determined to be a Lot of Record, that he will not be able to build.
Commr. Swartz stated that, if his lot is not a Lot of Record, then it would not come under the provisions of same, that it would come under the provisions of common law or statutory vesting.
Ms. Bonifay stated that the individual she alluded to now has to go through the vested rights process, which could take at least nine months to a year, given the time frame involved. She stated that, if the County is looking at vested rights and Comprehensive Plan policies, then, at some point, it may need to be addressed.
Mr. Greg Beliveau, Land Planning Group, Inc., appeared before the Board and discussed the issue of plats on county maintained roads, noting that, in a lot of cases, people do plats on county maintained roads where they do not have to do any other improvements. He stated that they just get the plat recorded and start selling lots, but, do not do any improvements other than that. He stated that, according to an earlier answer, it was understood that those plats that are recent are not under this language, they are basically lots of record under other vesting criteria.
Ms. Lustgarten, County Attorney, referred to Page I-10, of the July 8, 1993 draft amendments, stating that the situation Mr. Beliveau described would fall under the language on that page, that it does not come under a Lot of Record. She stated that they are plats that would come under a different set of vesting.
Commr. Swartz stated that there is other vesting language that deals with the various stages of preliminary plats, final plats, construction drawings, site plans, etc., noting that all of those have various degrees that impact the situation that Mr. Beliveau described, not the Lot of Record.
Mr. Ed Bergman, reappeared before the Board, stating that he does not understand all the specifics of Option 2, however, after having dealt with the pre-Comprehensive Plan Lot of Record Ordinance and variances and administrative variances, he would like to see it be as it was before, noting that he did not think the members of the Planning and Zoning Commission, or staff, had a problem with it.
Mr. Frank Kutch, a local realtor who served on the Planning and Zoning Commission in 1981, appeared before the Board stating that he did not have a problem with the Lot of Record, but did have a problem with the LDRs. He stated that the Board needs to start talking in plain English, so that the general public can understand what an LDR is, noting that a lot of what is being said is going over their heads.
Commr. Swartz stated that the County has always had LDRs, they were just called Subdivision Regulations or Zoning Regulations, and that much of what has been talked about is a regurgitation of same. He stated that some things have had to change, as a result of the Comprehensive Plan, but, noted that the Board is trying to put back in place, as accurately as it can, what the old Lot of Record Ordinance (Option 1) was.
Mr. Kutch stated that he had a problem with the LDRs changing at will, at which time he discussed problems that people in the County are faced with, due to these changes. He also stated that he had a problem with them not being properly advertised.
Ms. Julia Rogers, Rogers Realty, appeared before the Board stating that she lives in Groveland Farms, which she noted is a platted subdivision that was created in 1911. She stated that those individuals who live in the core of the subdivision are being told that they have to aggregate to one unit per 20 acres.
Ms. Rogers stated that said plats should be recorded in Plat Books 1-22, which was mentioned earlier by the County Attorney, therefore, she could not understand why they would have to aggregate, to which the County Attorney, Ms. Lustgarten, responded that they would have to aggregate because that is what the Comprehensive Plan requires.
Commr. Swartz elaborated further on the issue.
Mr. Buddy Graham reappeared before the Board and clarified the fact that anything that has been recorded in Plat Books 23 forward do not have to aggregate. He was informed that that was correct.
Commr. Hanson stated that she still did not fully understand Options 1 and 2 and questioned certain aspects of them, to which Mr. Hoban, Assistant County Attorney, responded.
Commr. Swartz interjected that Options 1 and 2 both require aggregation to the future land use.
Commr. Hanson questioned whether that would be the case, even if it is a vested plat, to which she was informed that the Board was only dealing with Lots of Record, noting that there are other ways in which to be vested.
Commr. Hanson questioned whether the only other difference was the paved road versus the non-paved road, to which she was informed that that was correct. She then questioned whether there was still in place, in both options, an HRS requirement that one can get their septic tank permit with HRS, if they fall under the 12,500 square foot requirement.
It was noted that, if they have less than 12,500 square feet, they only have to aggregate up to 12,500 square feet and, if they can obtain a permit from HRS, they can still obtain a building permit from the County. It was also noted that, if the lots are in common ownership and have more than 12,500 square feet, they will need to aggregate up to the 12,500 square foot requirement.
Ms. Rogers reappeared before the Board and questioned several other aspects of the aggregation issue.
Further discussion occurred regarding same.
Commr. Bailey made a motion, which was seconded by Commr. Cadwell, to approve Option 1, on Page III-35 of the July 12, 1993 draft amendments, under Section 3.02.01, which it was noted also includes the language contained in Paragraph E. - Aggregation of Lots, on Page III-38 of said draft amendments.
Under discussion, Mr. Bob Newman, a local resident, appeared before the Board and discussed what he felt was the "taking" of one's property by the County, as well as the State. Commr. Swartz stated that the County has not done anything like that.
Commr. Hanson stated that she needed more time to study the two Options, as she did not understand them thoroughly enough to vote on them this date. She stated that she would like to wait until the next LDR meeting to make a decision.
Commr. Bailey withdrew his motion.
Ms. Susie Bergman, a local realtor, appeared before the Board and questioned whether she understood correctly that, after one aggregates one's lots, they are completely vested and questioned whether there was anything else in the Comprehensive Plan that can come back and take away what those people present this date feel they are getting, to which Commr. Swartz responded that it is possible that that could happen.
Mr. John Shegas reappeared before the Board and discussed the fact that, in Carlton Village, the roads are deeded 50 foot rights-of-way, not county maintained roads, and the fact that, by the roads not being paved, or county maintained, that it would prevent him from building on his lots. Commr. Swartz disagreed and explained what the residents could do to build on their lots.
Ms. Soni Pilkington, a resident of Fruitland Park and local realtor, appeared before the Board stating that she was concerned about those individuals who could not attend this meeting and be a part of the decision making process, due to various reasons, and felt that the County should come up with a way to notify every property owner about the County's intentions, before taking away their rights.
Ms. Pilkington stated that, being involved in real estate, realtors have a dual responsibility, in that people who do not understand what is going on look to them for guidance. She stated that there are people who own lots that will never be able to do anything with them and yet have no chance to come before the Board and speak in their defense.
Ms. Pilkington stated that, by the time realtors understand even a portion of what is going on, the County has gone on to something else. She stated that, if the County makes a decision this date, or postpones the decision until the next LDR meeting, where not as many people may be able to attend, then they are going to be making decisions that will affect property owners forever.
Ms. Pilkington stated that there are people who have purchased large parcels of property, with the intention of selling a portion of said property, possibly a lot at a time, to provide for their retirement years, only to find out that what the Board is doing this date is going to take away all hope of them ever doing that.
Commr. Hanson reiterated the fact that she would like to postpone action regarding this issue until a later date. She stated that there are some real differences in Options 1 and 2 that the Board has not looked at and she does not feel comfortable with voting on the issue this date. She stated that she felt the issue should remain as it is, until the next meeting, as she feels that there are implications that have not been realized.
Mr. Ernest Bowser, a local resident, appeared before the Board stating that he felt the County should properly notify those people who will be affected by the Board's actions, regarding the issue before them, prior to each meeting.
Mr. Ed Havill, Lake County Property Appraiser, appeared before the Board stating that the County presently receives a $5 fire tax on all lots in the County. He stated that, if the County requires aggregation of lots, it means that the fire tax fund is going to drop, because individuals will only be taxed on one lot, rather than several.
Commr. Swartz interjected that that was not correct, at which time he explained why.
Mr. Havill also stated that the County is transferring 9% of its administrative fees to the Fire Department, therefore, he feels that there is going to be a fire tax increase in the near future. He stated that, as the Property Appraiser for Lake County, he has to appraise property at its highest and best use, and as the County aggregates lots, the larger lots are going to go down in value, because people will not be able to obtain building rights. He stated that his office will then lower the assessments on those lots and, when that happens, the assessment roll is going to drastically affect the County, not only the first year that it happens, but in future years.
Mr. Havill stated that the County is going to end up with a lower assessment roll and then every property owner in Lake County will be taxed higher, to make up the difference. He urged the Board to leave things the way they presently are, noting that, if a lot has a building permit, it should stay that way.
Ms. Dorothy Shipes, a local resident, appeared before the Board and noted a concern she has with the issue of Lots of Record, with regard to the two options discussed this date, and how she feels it will affect her, as well as other property owners in her area.
Further discussion occurred, at which time Commr. Cadwell withdrew his second to Commr. Bailey's motion, made earlier, to support Option 1.
It was noted that Lots of Record will remain as they are until a later date.
Ms. Lustgarten, County Attorney, noted, for the record, that additional language had been added to Section 1.02.05 (C.) - Building Permit, on Page I-3 of the July 12, 1993 draft amendments, which she noted deals with the issue that was raised regarding individuals that had created lots that had not gone through the lot split process.
Ms. Lustgarten stated that, in order to address said issue, language was added that states, "A lot, which was not legally created, shall be vested for density if Lake County issued a building permit and certificate of occupancy for a residential structure on the lot.", which she noted is to protect that particular situation where there is a residence on a lot that was not created through the lot split process and it could be replaced.
Commr. Swartz stated that there have been questions raised about a situation where a lot was created, however, the County may have had no involvement in the approval process of creating the lot, yet, a building permit was issued for that lot and a structure exists. He stated that the concern was whether that structure should be destroyed, or whether the homeowner should be allowed to rebuild it. He stated that the language Ms. Lustgarten alluded to provides the ability for that individual to rebuild the structure.
A motion was made by Commr. Hanson and seconded by Commr. Gerber to adopt said language into the LDRs.
Under discussion, Mr. Kutch reappeared before the Board and questioned whether said language pertained to the reference that, if 51% of the structure is destroyed, the owner would not be able to rebuild it, to which he was informed that that was correct.
Commr. Swartz clarified the fact that said language would pertain to any residential structure that exists on a lot legally created or otherwise, where the County issued a building permit, noting that, if that structure were to be destroyed, the owner would be allowed to rebuild.
Mr. Bob McKinney, a local resident, appeared before the Board and questioned whether said language would also pertain to mobile homes, to which he was informed that it would.
The Chairman called for a vote on the motion, which was carried unanimously,
At this time, Mr. Hoban, Assistant County Attorney, briefly reviewed Section 1.02.07 - Construction Plans, on Page I-3 of the July 12, 1993 draft amendments, explaining exactly what it pertained to. He stated that the Board might want to consider deleting the language date that Lake County approved the construction plans and inserting the language enactment date of ordinance, in the last portion of the last sentence of Paragraph B, under Section 1.02.07, alluded to above.
Ms. Bergman reappeared before the Board and addressed the issue of the enactment date of the ordinance, as well as the fact that one cannot obtain financing until the banks know that one can do their project, yet one does not know whether or not they can do their project, until they get through the hugh maize of problems that have been created. She stated that she feels the whole economic status of Lake County is in jeopardy, and she urged the Board to carefully examine the full impact of what they are doing.
Ms. Bonifay, Attorney, reappeared before the Board and discussed the language contained in Section 1.02.07 - Construction Plans, stating the way that she reads said language and noting concerns that she had with it.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to change the language contained in Section 1.02.07 (A.) and in Section 1.02.07 (B.), on Page I-3 of the July 12, 1993 draft amendments, to read from the date that Lake County approved the construction plans to from the enactment date of the ordinance.
Considerable discussion occurred regarding Options 1, 2, 3 and 4, under Section 1.02.12 - Master Park Plan, on Pages I-5 through I-7, of the July 8, 1993 draft amendments, and whether or not it effects concurrency.
Ms. Bonifay, Attorney, reappeared before the Board stating that the County has eliminated all those people who have a preliminary master park plan from any kind of vested rights, at least under Statutory Vesting, so they will now try to come forward and mount a case for Common Law Vesting. She stated that she did not feel the issue has to be as complicated as the County has made it and noted that she did not know how the County was going to do all the tracking.
Ms. Bonifay stated that everything has been tied back to the Master Park Plan, therefore, everything is going to have to fit into one of the four options. She stated that she feels the time frames are too short, that people should not be divested of their preliminary development plans in one swoop, and that she feels 6 months is not adequate, given the economy and the state of the County's current development review system.
Ms. Bonifay stated that the County does not have a development process that recognizes all the time frames given, therefore, questioned how the County was going to hold an applicant to those dates. She stated that she felt all four of the options discussed were unworkable and that she does not like any of them.
Further discussion occurred regarding the issue, at which time Mr. Bergman reappeared before the Board and noted some concerns that he had with it.
Mr. Tom Grizzard, a local realtor, appeared before the Board stating that he concurred with Ms. Bonifay, in that he did not like any of the options given, pertaining to the Master Park Plan. He suggested that the Board send the matter to a committee and obtain some input as to what will be a workable solution to the benefit of the County and not to its detriment.
Commr. Swartz stated that all the information provided to the Board this date would be taken into consideration.
Commr. Cadwell requested the County Attorney to look into the issue of the Sumter County ordinance and see if it could be incorporated into this County's plan, as another option, if she deems that it is legal. He stated that the Board may also want to look at incorporating preliminary plats into one of the options, as well.
A brief discussion occurred regarding the matter.
Commr. Swartz requested the County Attorney to look at that which is in effect, even if it is for a limited period of time, regarding the issue of vesting zoning, and bring a recommendation back to the Board, at a later date, regarding same.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved to tentatively adopt Option 2, under Section 1.02.12 - Master Park Plan, on Page I-5 of the July 8, 1993 draft amendments, and have the County Attorney come back to the Board with a recommendation concerning the Sumter County ordinance.
It was noted that the Board would hold another workshop meeting on Tuesday, July 20, 1993, at 1:30 p.m., for the purpose of further discussing the LDRs.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:15 p.m.
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G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
sec/7-13-93/7-23-93/boardmin