The Lake County Board of County Commissioners met in regular session on Tuesday, November 23, 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: Timothy Hoban, Senior Assistant County Attorney; Peter F. Wahl, County Manager; Jodi Hanson, Secretary III; and Marlene S. Foran, Deputy Clerk.
Commr. Bailey gave the Invocation and led the Pledge of Allegiance.
PUBLIC HEARINGS/TIMES CERTAIN
ROAD CLOSINGS
PETITION NO. 730 Robert Sindler Mt. Plymouth Area
Mr. Jim Stivender, Executive Director of Public Services, appeared before the Board to present the rehearing on Road Vacation Petition No. 730 by Robert Sindler and noted that at the time this request was originally advertised, 50% of the property owners had not been notified. He explained that this request was to open the southern portion of the right-of-way, which is used as an ingress and egress from Mr. Sindler's garage, and that all of the affected property owners have been renoticed.
No one wished to speak in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved Petition No. 730, Robert Sindler, to vacate portion of alley, Mt. Plymouth Subdivision, Sec. 29, Twp. 19, Rge. 28, Mt. Plymouth area, Commissioner District 4, as advertised.
PETITION NO. 737 Jo Leen & Gary Cooper Leesburg Area
Mr. Jim Stivender, Executive Director of Public Services, presented Road Vacation Petition No. 737 by Jo Leen and Gary Cooper to vacate easements, Unrecorded Plat of Higley. He explained that all of the property owners have ingress and egress, and there is no reason for the easements in question to exist. Many of the closing before the Board are on items that the County does not recognize; however, through a title opinion or title research, a cloud on the title has been identified.
Mr. Tim Hoban, Assistant County Attorney, explained that staff has been accommodating individuals who feel that Higley Plat is still recognized by vacating the roads.
Ms. Kathryn Cooper, representing Gary Cooper, the applicant, appeared before the Board and explained that the map before the Board indicates that Larsondale Drive is closed between Em-En-EL Grove Road and Second Street; however, only thirty-three (33') feet is closed between Em-En-El Grove Road and Second Street. She explained that Em-En-El Grove Road is being paved at this time, and their concern is that they do not become landlocked.
Mr. William Stearn, Attorney, representing Dorene Forrest, a property owner in the area, appeared before the Board and stated that they have no objection to the County vacating any interest that they may have in this property; however, this was a complicated issue and does require an overall approach. He explained that roads have been haphazardly vacated where roads do not exist and suggested that the Board review the overall picture and determine the areas that the County claims, and the areas that the County has an interest in, no right to, or title.
Commr. Swartz suggest that this request be postponed until County staff has had the opportunity to review questions regarding rights-of-way widths, and access, and to provide the opportunity to review actions taken previously by the Board in regard to the Plat of Higley.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone Road Vacation Petition No. 737 by Jo Leen and Gary Cooper to vacate easements, Unrecorded Plat of Higley, Sec. 1, Twp. 18, Rge. 25, Umatilla area,
Commissioner District 5, until the December 21, 1993 Board of County Commissioner meeting.
PETITION NO. 738 James Alan Stoneking Umatilla Area
Mr. Jim Stivender, Executive Director of Public Services, presented Road Vacation Petition No. 738 by James Alan Stoneking to vacate West Fifth Street, East Umatilla Subdivision.
No one present wished to speak in opposition to this request.
Mr. James Alan Stoneking, the applicant, appeared before the Board to discuss this request.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved Petition No. 738 by James Alan Stoneking to vacate West Fifth Street, East Umatilla Subdivision, Umatilla area, Commissioner District 5, as advertised.
PETITION NO. 740 Joseph Pipala Leesburg Area
Mr. Jim Stivender, Director of Public Services, presented this request to the Board. He noted that one letter has been received in favor of this request.
It was noted that the applicant was present in the audience.
No one wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Hanson, and carried unanimously, the Board approved Road Vacation Petition No. 740 by Joseph Pipala to vacate street, Bassville Park, Sec. 24, Twp. 19, Rge. 25, Leesburg Area, Commr. District 1, as advertised.
PETITION NO. 741 David Bornstein Clermont Area
Mr. Jim Stivender, Director of Public Services, presented this request to the Board.
It was noted that Mr. Steven Richey, Attorney, representing the applicant, was present in the audience.
No one present wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved Road Vacation Petition No. 741 by David Bornstein to vacate roads and tracts, Clermont Farms, Sec. 12, Twp. 23, Rge. 25, Clermont area, Commissioner District 2, as advertised. ZONING
At this time, the oath was administered by the Deputy Clerk to Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services; Mr. John Brock, Senior Director, Department of Planning and Development Services; Mr. Mark Knight, Chief Planner, Planning and Development Services; Mr. Donald Griffey, Director of Engineering, Public Services; and Ms. Sharon Farrell, Planner II, Office of Development Regulations Services.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the following withdrawal:
Withdrawal
Petition No. 56-93-5 George Russell
PETITION NO. CUP#93/6/1-1 CUP IN A LINDA GREESON &
ALICE T. ROWLEY
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services, presented this request to the Board and stated that this request was a ten (10) acre tract in the Fruitland Park area. Currently there is one single family residence, equipment storage building and pole barn on said property. Staff has reviewed the request for CUP (Conditional Use Permit) in A (Agricultural) and recommends approval, as conditioned. He noted that one letter has been received in opposition and two letters in favor of this request. He explained that the applicants have been using the property as an aviary for breeding of exotic birds without a CUP (Conditional Use Permit) and have been cited by Code Compliance. The applicants have agreed to move the birds out of the existing equipment storage building and move them into a structure that is built for birds, and to provide a seventy-six (76') wide buffer along the applicant's property line.
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board to address this issue. At this time, the Deputy Clerk administered the oath to Mr. Steve Richey; Ms. Linda Greeson; and Mr. Gene Olive.
Mr. Richey called Ms. Linda Greeson, the applicant, to the podium to provide testimony with regard to her present and proposed use on this property, and the conditions that have been requested to be placed on the CUP (Conditional Use Permit).
Ms. Greeson testified that she purchased the property in question three (3) years ago and began raising exotic birds in an existing steel building on the property.
Mr. Richey presented a photograph (Applicant's Exhibit 1), illustrating a sixteen (16) by thirty-two (32') foot structure located twelve (12') feet from the residence, which houses approximately eighty (80) birds. Mr. Richey referred to a site plan (Applicant's Exhibit 1.1) illustrating the location of the above mentioned structure.
In response to questions presented by Mr. Richey, Ms. Greeson testified that she did not know that a CUP (Conditional Use Permit) was required at the time that the structures on the property were built. She explained that she is proposing to relocate the birds from an existing steel building, that is currently being used, to a building that is eighteen (18') by one-hundred and forty-four (144') feet, using the western part of the property, leaving thirty-two (32') feet enclosed, and sound proofed to be used for storage. She further explained that a six (6') foot high fence will be built on the property line and approximately an eight (8') foot wide dense vegetative berm of heavy foliage will be planted to serve as a noise buffer.
Ms. Greeson addressed issues of concern in regard to manure disposal and explained that there are shavings on top of a concrete floor under the cages of the aviary on the western part of the property. The aviary located next to the residence has a ground floor, which is raked daily. The manure is put into a compost pile along with the horse manure and used in flower beds on the
property. She explained that there was a fungus inhibitor in the food that is fed to the birds to prohibit the growth of fungus or mold.
Mr. Jim A. Colvin, an adjacent property owner, appeared before the Board to present questions to Ms. Greeson regarding the number of horses on the property, and the drainage easement on the east side of the applicant's property.
Mr. Richey called Mr. Gene Olive to the podium to address questions in regard to the location of his property in relation to the property in question. Mr. Olive was previously sworn in by the Deputy Clerk.
Mr. Olive testified that he has not noticed an increase in flies, or odor and that the applicant has been a good neighbor. He stated that he does not oppose this request.
Mr. Colvin reappeared before the Board and presented a question to Mr. Olive regarding the reason he is providing testimony in favor of this request.
Mr. Jim A. Colvin, an adjacent neighbor, appeared before the Board in opposition to this request, at which time the oath was administered to Mr. Colvin by the Deputy Clerk. Mr. Colvin distributed a map (Opposition's Exhibit 1) of the area which illustrated his property in relation to the applicant's property, and a copy of a letter that he had previously submitted to the Department of Development Regulations, dated June 12, 1993, (Opposition's Exhibit 2) expressing his opposition to this request. Mr. Colvin explained that he is the only property owner adjoining the applicant's property. The applicant's property is ten acres of which one acre is Lake Josephine. At this time, two aerial photographs were distributed (Opposition's Exhibit 3 and Exhibit 4), which illustrated his property in relation to the applicant's property, and the location of the existing steel building and the new aviary.
In response to questions presented by Commr. Swartz, Mr. Stubbs explained that the new aviary was built approximately six (6) months ago, and was permitted as a storage building due to the fact that an aviary, at that time, would not be permitted on said property.
Mr. Colvin expressed his concern with the location of the aviary, the extreme noise of the birds, and a problem with green headed flies. He stated that he has been told by a real estate agent that the use of the applicant's property as an aviary has devalued his property. He stated that he requested that the Property Appraiser's office reappraise his property to less than $25,000.00, and noted that he did receive a lower appraisal, but not in the amount that he had requested.
Mr. Richey reappeared before the Board to present questions to Mr. Colvin regarding the topography of the applicant's property, the value of Mr. Colvin's property, and the flies alluded to above. Mr. Richey recalled Ms. Greeson to the podium, at which time he provided clarification of the facts surrounding the building of the aviary. He stated that the applicant built two (2) pole barns without building permits for the purpose of housing birds, one was located next to the residence, and one was located next to the steel storage building. It was the applicant's understanding that there was no requirement for a permit in agricultural zoning for an aviary. The applicant was cited by Code Enforcement approximately six months after the building was completed for the aviary, at which time the applicant was advised that a building permit could not be obtained for the purpose of housing birds in the building because a CUP (Conditional Use Permit) was required. The applicant pulled a building permit retroactive for a storage building, which was to eventually be used as an aviary to remove the code violation. The applicant's intent was to place the birds in the eighteen (18') by one-hundred and forty-four (144') foot building that was built to be used as an aviary, to vacate and use the steel building for storage, and comply with all of the terms and conditions of the CUP (Conditional Use Permit).
Mr. Richey questioned Ms. Greeson if she was aware that a CUP (Conditional Use Permit) was necessary to house birds in agricultural zoning, to which Ms. Greeson responded that she was not aware of the need for a CUP (Conditional Use Permit). She clarified that she has one hundred and eight (180) birds, and not pairs as alluded to previously by Mr. Colvin.
Commr. Hanson questioned if the applicant would be opposed to a cap of two (200) hundred adult birds in the eighteen (18') by one-hundred and forty-four (144') foot building in question as a part of the conditions, to which Ms. Greeson responded that she would not be opposed to said cap.
Ms. Greeson responded to a question regarding the construction of the building and presented three pictures of the steel building and the aviary (Applicant's Exhibits 5, 6, and 7) for the Board's review.
Mr. Richey presented closing remarks and cited examples of other aviaries that have been before the Board with the same types of uses, intensities, and conditions as is the request before the Board this date. He requested that the Board allow the applicant the opportunity to use the building that was built as intended, under the conditions that staff has imposed on the applicant. He further explained that the buffering will consist of a six (6) foot privacy fence, and a bamboo berm, which will inhibit any off-site problems.
Commr. Cadwell stated that this was a reasonable use for ten (10) acres of agricultural land under the guidelines of the CUP (Conditional Use Permit), and that he would support this request.
Commr. Gerber expressed her concern with the noise level created by the birds.
Commr. Hanson suggested that the Board readdress the issues of concern in three (3) months to determined if further modifications needed to be made.
Commr. Gerber made a motion, which was seconded by Commr. Hanson to uphold the recommendation of the Planning and Zoning Commission to approve the request for CUP (Conditional Use Permit) in A (Agricultural), as conditioned; to include a cap of two hundred (200) adult birds within the eighteen (18') by one-hundred and forty-four (144') foot building; and the requirement that this issue be brought back before the Board for review ninety (90) days from the time that the birds inhabit the aviary, for the breeding of exotic birds.
Commr. Hanson commented that this was an appropriate use for a ten (10) acre agricultural zoning, and that the County will continue to see more and more of this type of agricultural use on these smaller agricultural parcels. She suggested that the Board keep an open mind to the uses that the Board has left for these parcels of land.
Commr. Swartz stated that he would support the motion; however, if there are legitimate complaints about noise or other issues during the 90 day review after the birds inhabit the building, another building may be required to be constructed, if said building cannot be made to accommodate the birds in such a way that they are not causing a problem to the adjacent property owner who preexisted this building.
It was noted that staff would notify Mr. Colvin of the next public hearing ninety (90) days from the time that the birds inhibit the building.
The Chairman called for a vote on the motion, which carried unanimously.
PETITION NO. CUP#93/10/1-5 CUP IN A Wallace & Sheila J. Land
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services, presented
this request to the Board. Ms. Sharon Farrell, Planner II, Office of Development Regulations Services, distributed a copy of the site plan for the Board's review.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
Mr. Stubbs explained that this request was for a CUP (Conditional Use Permit) to vary the "Home Occupational Standards" for this request to occur on the site.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for CUP (Conditional Use Permit) in A (Agricultural), as conditioned, to allow for an upholstery business to be operated from the home.
PETITION NO. 66-93-4 RA TO A Goals Corporation
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services, presented this request to the Board, and explained that the transportation standard requires that the applicant dedicate an additional right-of-way to provide forty (40') feet from the center line of County Road 437.
It was noted that the applicant was present in the audience.
No one present wished to speak in opposition to this request.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the request for rezoning from RA (Ranchette) to A (Agricultural), for expansion of an existing nursery.
PETITION NO. 67-93-2 A TO CFD Coca-Cola Foods Division c/o Tax Department
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services, presented the request for rezoning from A (Agricultural) to CFD (Community Facility District) for expansion of the South Lake High School baseball field and parking area based upon additional stormwater requirements on the site.
Mr. Richard Langley, Attorney, representing the applicant, was present in the audience.
No one present wished to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve the request for rezoning from A (Agricultural) to CFD (Community Facility District), as conditioned, for expansion of the South Lake High School baseball field and parking areas.
PETITION NO. 68-93-2 R-1-7 TO R-1 Robert K. Hogan
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services, presented this request, and stated that the reason for the rezoning was to exclude the possibility of mobile homes or manufactured homes on the five (5) acre residential homesites. He stated that the Planning and Zoning Commission approved the rezoning from R-1-7 (Urban Residential) to AR (Agricultural Residential), and staff is also recommending approval to AR (Agricultural Residential).
Discussion occurred regarding the rezoning to AR (Agricultural Residential), at which time Commr. Swartz noted that AR (Agricultural Residential) zoning would be consistent with the Comprehensive Plan on a portion of said property, and inconsistent with the transitional area and that the timeliness criteria would have to be met to build at the density in the area that is in transition.
Mr. Dale Ladd, representing the applicant, appeared before the Board to address issues of concern regarding this request, at which time the oath was administered by the Deputy Clerk. He explained that this acreage was being split by a section line which determines the Green Swamp borderline. He discussed the timeliness issues and noted that timeliness entails that roof tops must be
seen in a given one mile radius around the property before said property can be subdivided into any reasonable amount of development. He stated that the applicant plans to subdivide this acreage into five (5) acre lots for the purpose of disposing of said property, and explained that R-1-7 (Urban Residential) will not allow for large lot split and minor lot split. The applicant plans to make application for a large lot split and a minor lot split for the five (5) acres tracts, if the request for rezoning to R-1 (Rural Residential) is approved.
Commr. Bailey questioned if an attorney's opinion had been given on the one mile radius, to which Mr. Stubbs responded that this issue had been discussed with Ms. Annette Star Lustgarten, the former County Attorney, and that this issue will be discussed at the Land Development Regulations Committee in December.
Mr. Richard Langley, Attorney, representing the applicant, appeared before the Board and stated that the applicant would prefer to rezone the property to AR (Agricultural Residential) to allow for horses on the sites.
No one present wish to speak in opposition to this request.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from R-1-7 (Urban Residential) to AR (Agricultural Residential) for creation of five (5) acres residential homesites.
PETITION NO. CUP#93/10/2-5 CUP IN A Bernard Torrence
Mr. Greg Stubbs, One-Stop Permitting Center Coordinator/Director of Development Regulations Services, presented this request.
It was noted that the applicant was present in the audience.
No one wished to speak in opposition to this request.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for CUP (Conditional Use Permit) in A (Agricultural), for the placement of a temporary mobile home on site for the care of the infirm.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Cadwell requested that Tab 7, the request to rename the western portion of Lightfoot Road to Little Creek Lane be pulled from the Consent Agency for discussion.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 7:
Accounts Allowed/Contracts, Leases & Agreements
Fire Protection
Request for approval and execution of 1993 Lease Agreement between Lake County and Mable St. Jean for the Wekiva River Acres Fire Station. The renewal changes terms from an annual lease to a monthly lease, for a Fiscal Impact of $1,200.00 per month.
Roads-County & State
Request for approval to rename Winters Road to Winter Road.
ADDENDUM NO 1
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl, County Manager, requested that Tab C., the request for approval to purchase an Assessment System, and authorization for the Chairman to execute the contract between Lake County and the Main Line Corporation for the Integrated Special Assessment Management System, be pull from the Consent Agenda for discussion.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, with the exception of Tab C:
Accounts Allowed/Contracts, Leases & Agreements
Private Industry Council
Request for approval of submission of Lake County's proposal to operate the 1994 JTPA, Title IIB, Summer Youth Program to the Volusia, Lake, Flagler-Private Industry Council, Inc.; and authorization for the Chairman to sign the proposal, subsequent contract, and related documents; for a Fiscal Impact of approximately $280,700.00; subject to final review and approval by the County Attorney's office.
Fire Protection/Communications/Contracts, Leases & Agreements
Request for approval and execution of a two year Cellular Phone Contract with Cellular One; subject to final review and approval by the County Attorney's office.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE
Mr. Ron Roche, Director of Solid Waste Management Division, appeared before the Board to present this request. He explained that the staffing requirements for the Special Assessment Office will not be available until after the Assessment System is on line, and stated that he does not want to bring to the Board the staffing position analysis without knowing how the system is going to serve the County. It is his intent to present staffing requirements to the Board at mid-year, and noted that he envisions the need for six (6) employees to man the six (6) work stations. At this time, discussion occurred regarding the staffing requirements of the Special Assessment Office, and the current and future work load of said office.
Mr. Pete Wahl, County Manager, stated that there are three (3) full time positions authorized for the Special Assessment Office at this time, and one (1) recycling position that is presently working out of said office and accessing the data system. There may be a need to add temporary personnel on a periodic basis at the time that the County performs the trim bill and the tax notice processes, and the Special Assessment Office adds the additional work load for the various Municipal Service Benefit Units (MSBUs). He stated that the suggestion to purchase four (4) work stations rather than six (6) work stations would be feasible at this time, with the understanding that, as the work load increases, there will be a need to purchase additional work stations in order to provide temporary personnel access to a work station.
Commr. Hanson interjected that the work load should have decreased in the Special Assessment Office, and that the need for temporary employees should only be during a two month period each year.
Commr. Swartz expressed his concern that the purchase of six (6) work stations leads him to believe that the County is planning on staffing the six (6) work stations; however, discussion this date is providing some assurance that this is not the case.
Commr. Cadwell questioned if additional discussion has occurred with the municipalities regarding their participation in the assessment process on solid waste disposal, to which Mr. Roche responded that some of the municipalities are discussing the potential that they may want to be removed from the assessment process on disposal completely, and in those cases, there would be an interlocal agreement with the County to do the billing for those municipalities.
Commr. Swartz stated that the recommendation from the Computer Committee should be changed to indicate that Main Line Corporation, the vendor, would supply a hard drive with each of the work stations, at a purchase price that equals or is lower than the price on the County's bid program, or the County will purchase the hard drive off of the County's bid.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to purchase an Assessment System, to include four (4) work stations; with the stipulation that Main Line Corporation will supply a hard drive with each of the four (4) work stations at a price that is consistent with the County's bid program; and authorization for the Chairman to execute the contract between Lake County and the Main Line Corporation for the Integrated Special Assessment Management System; subject to final review and approval by the County Attorney's office.
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
INFORMATIONAL SERVICES/ROADS-COUNTY & STATE
Mr. Bruce Thorburn, Interim Director of Informational Services, appeared before the Board to provide clarification regarding the renaming of the western portion of Lightfoot Road to Little Creek Lane. He explained that the second choice, Little Creek Lane, was chosen because the first choice would result in the duplication of a street name.
On a motion by Commr. Hanson, seconded by Commr. Bailey, and carried unanimously, the Board approved to rename the western portion of Lightfoot Road (4-9685) to Little Creek Lane (4-9685A).
REPORTS
COUNTY ATTORNEY
ORDINANCES/PLANNING & DEVELOPMENT
Mr. Tim Hoban, Senior Assistant County Attorney, stated that the County has an ordinance for setbacks, which addresses setbacks for fences. Fences are required to be setback eight (8') feet from the property line, or the right-of-way; or thirty-three (33') feet from the centerline of the road. This requirement was put into the ordinance due to the County having many prescriptive roads throughout the County, and it was a road safety hazard to have a fence right next to the road. He explained that this requirement works adequately with prescriptive roads, but does not work adequately in a subdivision. He explained that Code Enforcement has cited a property owner in a subdivision for placing a fence beyond the sidewalk.
Commr. Swartz stated that there was a need for a fence ordinance and noted that Code Enforcement has required property owners to remove fences. The problem is that there is no fence ordinance, no requirement for a permit to install a fence, and the property owner is not aware that there are setbacks. He explained that he requested that Mr. Hoban bring this issue to the Board to determine if the Board wants to instruct staff to review this issue with regard to fences. He suggested that the Board instruct staff not to require removal of fences until the Board can address this issue, unless the fence is placed in a prescriptive type right-of-way where there is clear and imminent danger for line site distance issues.
Commr. Bailey stated that this also creates a problem for property owners who have fences on the property line in agricultural zoning. He stated that the Lake County Agricultural Advisory Committee should review this issue, and consideration should be given to exempting agricultural land from setbacks.
Mr. Pete Wahl, County Manager, stated that the Board has the ability to direct staff to bring back to the Board the issue of fence setbacks as an emergency amendment to the Land Development Regulations on December 7, 1993. Mr. Wahl cautioned that a problem could be created if the Board issues a policy directive to staff not to support an existing ordinance. He further cautioned that reading intent into the ordinance, as opposed to what is actually in the ordinance, may result in liability.
Commr. Swartz stated that, if the intent was for the prescriptive right-of-way, that is how the ordinance should be enforced; however, if there is indeed a lack of clarity in regard to said ordinance, the Board should comprehensively address the issue of fences. He stated that he does not see why the Board needs to address this issue as an emergency item.
Commr. Bailey requested that staff inform the property owners that are being cited that the Board is sensitive to this issue and is working toward a solution to the problems surrounding fences.
Commr. Swartz requested that the County Attorney's office review this issue, clarify the intent of the setback ordinance, and determine the necessary corrective actions for the Board to take in regard to said issue.
COMMISSIONER BAILEY
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Ron L. Williams to the Lake County Sports Committee, representing the category of High School Coach or Little League Representative.
COMMISSIONER CADWELL
MUNICIPALITIES
Commr. Cadwell announced, for informational purposes, that the Umatilla Fall Festival and Parade was scheduled for November 17, 1993, and that Barbecue tickets were now on sale.
Mr. Pete Wahl, County Manager, stated that Fire & Emergency Services will have a fire truck in the Umatilla Fall Festival and Parade.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:50 a.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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