The Lake County Board of County Commissioners met in regular session on Tuesday, June 28, 1994, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Rhonda H. Gerber; Don Bailey; and G. Richard Swartz, Jr. Others present were: Tim Hoban, Senior Assistant County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; and Sandra Carter, Deputy Clerk.
Reverend Jerry Little, Lake Square Presbyterian Church, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
There were no changes to the Agenda.
PUBLIC HEARING
ROAD VACATIONS
PETITION NO. 756 - GUY GRAYFORD - LEESBURG AREA
Mr. Jim Stivender, Jr., Director of Public Services, explained this request.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved Road Vacation Petition
No. 756, by Guy Grayford, to vacate road, Section 24, Township 19, Range 25, Leesburg area - Commissioner District 3.
PETITION NO. 757 - JAMES AND LINDA CONNELLY - SORRENTO AREA
Mr. Jim Stivender, Jr., Director of Public Services, explained this request and answered questions from the Board regarding same.
The Chairman opened the public hearing.
No one was present in opposition to the request.
Mr. James Connelly, Applicant, appeared before the Board to answer any questions there might be about the request, however, there were none.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved Road Vacation Petition
No. 757, by James and Linda Connelly, to vacate street (6th Street), Craig's Addition to Sorrento, Section 30, Township 19, Range 28, Sorrento area - Commissioner District 4.
PETITION NO. 759 - ROBERT AND NOVA SCOTT/BASIL AND ROSEMARY BEARDSLEY - UMATILLA AREA
Mr. Jim Stivender, Jr., Director of Public Services, explained this request and answered questions from the Board regarding same.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
Mr. Walt McGlon, an adjacent property owner, appeared before the Board stating that he was not opposed to the request, however, wanted to note that the lot in question was not a buildable lot, at this time, under the requirements of the subdivision.
Mr. Richard Glass, an adjacent property owner, appeared before the Board, in opposition to the request, stating that the road vacation would close off the entrance to a lot currently owned by Mr. and Mrs. Gaynor, which he had been trying to purchase over the years and hoped eventually to do so, therefore, would like to keep the access open.
It was noted that the only part of the road vacation that Mr. Glass was interested in was that portion of the lot that appears to be part of Lemon Street.
Mr. Chuck Dambrose, an adjacent property owner, appeared before the Board, in opposition to the request, stating that Maxwell Road dips down where it intersects with Highway 19 and that there are two trees along the road which create a blind spot. He stated that, if the County was going to increase traffic in that area, it was going to create a safety hazard at that intersection.
Ms. Barbara Johnson, a local real estate agent, appeared before the Board, in favor of the request, stating that she was involved in this case, due to a real estate matter. She agreed with the statement made by Mr. Dambrose that there is a traffic safety problem at the intersection of Maxwell Road and Highway 19, however, she did not feel that it would effect the request before the Board this date. She further stated that the easement is in an unused part of the subdivision and on an unused part of Lemon Street, therefore, did not feel the vacation would hurt anyone in the subdivision.
Ms. Leslie Campione, Attorney, representing the applicants, appeared before the Board stating that the reason for this request was due to the fact that her clients would like to create a five acre parcel at the location in question and that approval of the request was simply a matter of cleaning up the plat, in order for the property to be sold. She then answered questions from the Board, regarding same.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz stated that he did not see any reason not to vacate the lots and easements in question, with the exception of the lot that appears to be a part of Lemon Street, which he felt should be left alone, until a decision is made, sometime in the future, on what appears to be a subdivision of roads.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved Road Vacation Petition
No. 759, by Robert and Nova Scott and Basil and Rosemary Beardsley, to vacate streets and lots, excluding the southeast corner of the lot referred to as Lemon Street, Glendale Subdivision, Section 1, Township 18, Range 26, Umatilla area - Commissioner District 5.
PETITION NO. 760 - DAVID AND FLORENCE MANN - CLERMONT AREA
Mr. Jim Stivender, Jr., Director of Public Services, explained this request and answered questions from the Board regarding same.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Public Services for approval of Road Vacation Petition No. 760, by David and Florence Mann, to vacate drainage easement, Myers Cove, Section 26, Township 22, Range 26, Clermont area - Commissioner District 2.
ADDENDUM NO. 1
PUBLIC HEARING
ELECTIONS/SUBDIVISIONS
Ms. Emogene Stegall, Lake County Supervisor of Elections, appeared before the Board and requested approval of the creation of Precinct 74, for Highland Lakes Subdivision. She stated that there are 580 voters living in the Highland Lakes Subdivision, who presently vote at District 13, in Yalaha, however, with the creation of this precinct, they will be allowed to use the Highland Lakes Subdivision Clubhouse as a polling place.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the Supervisor of Elections for approval to create Precinct 74, in the Highland Lakes Subdivision.
REZONING
Staff was sworn in by the Deputy Clerk, Sandra Carter.
Mr. Greg Stubbs, Director of Development Regulations Services, appeared before the Board and requested a 30 day postponement for Case Nos. 21-94-4 and 12-94-4.
A brief discussion occurred regarding the request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a 30 day postponement for Agenda No. 5, Case No. 21-94-4, Raymond Witherstine, Tracking No.
43-94-CP.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a 30 day postponement for Agenda No. 9, Case No. 12-94-4, Thomas J. Shannon, Tracking No.
25-94-Z.
It was noted that Agenda No. 9, Case No. 12-94-4, would be placed first on the next Rezoning Agenda.
PETITION NO. CUP94/5/1-2 - CUP IN A - MELVIN AND LOIS MOORE
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for CUP in A (Agricultural), for the placement of a mobile home, for the care of the infirm.
PETITION NO. CUP94/5/3-5 - CUP IN RM - DAVID AND HELEN POTTER
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request.
The Chairman opened the public hearing.
It was noted that the applicant was present in the audience.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for CUP in RM (Mobile Home Residential), for the construction of a single-family residence, instead of the placement of a mobile home on Lots 13 and 14.
PETITION NO. 22-94-2 - RMRP TO C-2 - BOB L. NEWMAN
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request and noted that, in this case, staff was recommending that, when the applicant has actual plans for a use on the site in question, that it be brought back through the process, to establish said use. He stated that was part of the conditions and he wanted the applicant and the Board to be aware of that fact. He then answered questions from the Board regarding staff's recommendation that, pursuant to Section 9.05, of the Lake County Land Development Regulations, the applicant shall comply with the Access Management Ordinance and provide a cross-access easement for adjacent parcels fronting Highway 441.
The Chairman opened the public hearing.
Mr. Bob Newman, Applicant, appeared before the Board, was sworn in by the Deputy Clerk, Sandra Carter, and answered questions the Board had as to what properties were located to the east and west of the property in question and where access easements were presently located.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz stated that staff needs to look at any new rezonings, or changes of use in the area in question, and try to find ways to help the County solve what is a traffic problem. He stated that, if staff would look for ways to connect frontage roads, in the area in question, it would be a way for the County to improve traffic flow in the area, rather than make it worse.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from RMRP to CP (Planned Commercial), with C-1 and C-2 uses, with conditions, as noted, for the construction of an office complex.
PETITION NO. CUP94/4/3-4 - CUP IN A - JOHN KIRBY
Commr. Hanson declared a conflict of interest, due to the fact that she is the owner of the property in question, and noted that she would not be voting in this case. She turned the Chairmanship over to Commr. Cadwell, Vice-Chairman.
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request.
Commr. Swartz noted a concern he had about the fact that this request did not meet the parameters allowed for a home occupation, so staff switched to a CUP, however, in looking at the Land Development Regulations, under agricultural uses, he found it hard to say which one of the uses the request would fall under, in order for it to be used as a CUP. He stated that, in the motion made by the Planning and Zoning Commission, they recommended approval of the request, for a home occupation. He stated that he did not want the County to be doing a slight of hand and questioned the fact that, if the request did not meet the home occupation requirements, how the County could do something, through something else, to make it a home occupation.
Mr. Stubbs stated that staff had this dilemma brought to their attention a few years ago, at which time they spoke with the County Attorney's Office about the matter. He stated it was determined that, since it is a variance from the home occupation standards, staff could utilize the CUP to place conditions on the site. He stated it is a variance from those standards, because the applicant will be doing things that are not listed in the home occupation standards. He stated that the request is not for something that is normally a home occupation, so the conditions limit their use on the site, so that it can become compatible with the surrounding area, whether it be obnoxious or not. He stated that, because of the activity and the ability for it to become obnoxious, staff wanted to place conditions on it to guard against that.
Commr. Swartz stated that uses allowed in the LDRs, under the agricultural classification, are uses that are usually related to agriculture, however, he could not find a use that this request would fall under.
Discussion continued regarding the matter.
Mr. John Kirby, Applicant, appeared before the Board and was sworn in by the Deputy Clerk, Sandra Carter. He stated that he felt staff was trying to protect themselves and keep him limited to what he wants to do, by going with a CUP, instead of a variance. He then answered questions from the Board regarding the matter.
Commr. Cadwell stated that he did not have a problem with the request, however, understood where Commr. Swartz was coming from, in that he is concerned about the Board approving any requests calling for a CUP in an agricultural zoning district. He stated, however, that he feels the Board needs to look at requests on a case by case basis, rather than sending them to the Board of Adjustments, for a waiver.
Commr. Hanson interjected that, even though the property in question is zoned agricultural, all the lots in that area are 25 foot lots and are located in the urban area of Mt. Plymouth. She noted that the Mt. Plymouth area is a mixed bag, which does create some problems.
Commr. Swartz questioned why Mr. Stubbs could not recommend a home occupation for this request.
Mr. Stubbs stated that it was due to the fact that the repairs the applicant will be doing do not fit into the standards for a home occupation.
The Board reviewed said standards.
No one was present in opposition to the request.
There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.
A motion was made by Commr. Bailey and seconded by Commr. Gerber to uphold the recommendation of the Planning and Zoning Commission and approve a request for CUP in A (Agricultural), for a home occupation, for the operation, maintenance, and repair of wheelchairs, which includes woodwork, upholstery work, and light welding, with heli-arc, using non-flammable argon gas, for the purpose of conducting the business.
Under discussion, Mr. Tim Hoban, Senior Assistant County Attorney, requested that language be added, stating that "no obnoxious noise or odor shall emanate from the business."
The Vice-Chairman called for a vote on the motion, which was carried.
Commr. Hanson had declared a conflict of interest, therefore, abstained from the vote.
PETITION NO. 20-94-3 - A TO C-2 AND A TO R-4 - JEFFERY WIELAND
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request and answered questions from the Board regarding same.
The Chairman opened the public hearing.
Mr. Greg Beliveau, representing the applicant, appeared before the Board and was sworn in by the Deputy Clerk, Sandra Carter, for future questioning.
Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and addressed a concern that Commr. Swartz had noted regarding two letters from the City of Tavares, one dated April 21, 1994 and the other dated May 19, 1994, addressing the fact that, since the applicant's property is contiguous to the City, that it will be required to annex, if and when City utility service is requested. It was noted that, at that time, the City will independently review the proposed land use/development plan for the property. He stated that it was the applicant's understanding that his property was not contiguous to the City of Tavares, therefore, they could not annex at this time. He stated that, according to the City, the applicant has the ability to be provided with water and sewer, on two separate sides of the property. He stated that the applicant is prepared to sign the City's Utility Agreement.
Mr. Beliveau interjected that the City of Tavares assumed that the applicant was trying to circumvent their utility access, which they were not, therefore, they wrote a letter stating that they wanted to put the County on notice that the applicant was within a utility service area. He stated that, in an effort to clarify any misunderstandings, he appeared before the Tavares City Commission and, as a result of that meeting, they sent the County the follow-up letter, to clarify the fact that they did not have opposition to the request, they just wanted to let the County know that the applicant was being made aware of the fact that the City has utilities serving the area and that they were to hook up to those utilities. He stated that he had submitted to the City copies of the LDRs and the Comprehensive Plan supporting the fact that the applicant has to hook up to said service and they were comfortable with that fact, thus, the reason for the second letter from the Tavares City Council.
Commr. Swartz then questioned whether the City of Tavares had expressed any concerns with regard to commercial use, noting that, in the second paragraph of the second letter, they seem to be under some misconception that the property in question is contiguous, therefore, will be required to annex, if and when the utility service is available. He clarified the fact that the property in question is not contiguous.
Mr. Beliveau stated that there is some right-of-way involved with the City of Tavares, however, noted that there was a dispute on the Tavares City Council as to whether or not that constitutes the ability to annex. He stated that he had brought the request to the City of Tavares, for annexation purposes, and it was denied. He stated that one of the reasons for denial was the fact that the applicant was not contiguous, in their eyes, at that time. He reviewed a plat of the property in question and explained other uses in that area.
Mr. Richey noted various uses that would not be allowed on the property in question.
Commr. Swartz referred to a memorandum, dated May 31, 1994, from Mr. Mark Knight, Chief Planner, Planning and Development, addressing the fact that, originally, he felt the request was inconsistent with the adopted Lake County Comprehensive Plan and had made a recommendation to that fact, however, has since come to the conclusion that it is consistent with the Comprehensive Plan and was correcting his original recommendation. He stated that he would tend to agree with Mr. Knight, stating that the actual use of Lane Park Road Cutoff is probably different than what the road may be classified as.
Commr. Swartz stated that he was going to vote for this request, however, felt that it was going to create some traffic problems. He suggested that, even though the Board may approve the conceptual site plan, they not approve the southern most access, off of Hwy. 19, until County staff and the Department of Transportation has had the opportunity to review it. He stated that he did not want to see another entrance on Hwy. 19 that might cause more traffic problems, therefore, requested the County's traffic engineers to consider that fact, when this request goes through the normal review process.
Mr. Stubbs clarified, for the record, that staff's recommendation for this request is 20% open space; $127.00 per lot fire services fee; and the creation of a Municipal Services Benefit Unit (MSBU), if necessary.
Mr. Hoban, Senior Assistant County Attorney, questioned whether the applicant would be willing to enter into a Developer's Agreement, with the County, to provide for the recommendation of staff, as alluded to by Mr. Stubbs.
Mr. Richey stated that the applicant would not have a problem in doing so.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning 5,000 square feet of commercial on two +/- acres and eighteen (18) +/- acres from A (Agricultural) to R-4, which includes CP (Planned Commercial), with all C-1 (Rural or Tourist Commercial) uses, including general restaurants and veterinary clinics, with the exception of the following: adult uses, commercial amusements, taverns, and bars; that it include the elimination of some of the commercial uses; that the site plan reflect that the southern entrance be reviewed, for connection or elimination, based on road conditions; and that other recommendations from the Planning and Zoning Commission and staff, as outlined, be followed.
PETITION NO. 19-94-2 - R-6 TO CFD - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request.
The Chairman opened the public hearing.
Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board, representing the County, to answer any questions there might be regarding the request.
Commr. Swartz questioned whether the County was under any deadlines, regarding this request, due to grants that had been applied for, noting that, if there were not, he would suggest postponing this request until a later date.
Mr. Stivender stated that he did not feel there would be a problem in postponing the request, however, would contact Mr. Chuck Pula, Parks and Recreation Coordinator, to confirm it.
This request was tabled, at this time, to allow staff to contact Mr. Pula, to confirm that there would not be a problem in postponing the request until a later date.
PETITION NO. 47C-87-2 - MAJOR AMENDMENT TO PUD ORD. NO. 19-92 SWISS FAIRWAYS A/K/A SKIING PARADISE (PIERRE AND DENISE GRIMM)
Commr. Bailey stated that, when this request first came before the Board, some time ago, he had to declare a conflict of interest, because he was involved in the sale of the property in question and questioned Mr. Tim Hoban, Senior Assistant County Attorney, whether he should again declare a conflict of interest.
Mr. Hoban stated that the sale of the property had occurred so long ago that Commr. Bailey would no longer have a financial connection to it, therefore, would not have to declare a conflict of interest.
Mr. Greg Stubbs, Director of Development Regulations Services, explained this request.
The Chairman opened the public hearing.
Mr. Bob Whidden, Whidden & Associates, appeared before the Board and was sworn in by the Deputy Clerk, Sandra Carter. He informed the Board as to what had transpired, up to this point in time, with this request and stated that, if possible, he would like to be moving dirt, at the site, sometime in September. He stated that, during the beginning process, the applicant had to deal with the Department of Community Affairs, due to applying for a zoning petition at the same time that the County was embroiled in a Settlement Agreement with DCA, concerning the Comprehensive Plan. Mr. Whidden stated the end result was that they came out of the whole process with the same project that they started with, with the exception of some Settlement Agreement conditions, as follows: (1) that the applicant prepare a Flood Plain Study, which he noted was completed and submitted to FEMA, as required, and the applicant was waiting for a decision from FEMA on the matter; (2) that the applicant prepare a Best Management Practices Plan, which deals with water quality monitoring, water management issues, and management of the golf course; and (3) that the applicant come back before the Board and wrap into the PUD amendment the essence of the Settlement Agreement that they negotiated with DCA.
Mr. Whidden stated that, in order to amend the PUD, and get to where they are this date, they had to do several things, which he noted. He reviewed a rendering of the project, with the Board, and requested approval of the request.
No one was present in opposition to the request.
Commr. Bailey referred to a letter that the Board had received from Mr. and Mrs. Harold Newcomb, local residents, noting some concerns that they had about the project and the fact that they did not want to see the developers come in and "rape" the land and then move on and leave the mess for the local taxpayers to clean up and try to restore. He stated that the developers had been in Lake County since 1978 and on the site in question since 1982 and that, from feedback that he had received from the business community and people in south Lake County, he felt the developers were in Lake County for the duration.
Commr. Gerber referred to a portion of the letter in which Mr. and Mrs. Newcomb note a concern that the development might draw water from Lake Olsen, to water the golf course, and questioned whether that might be a possibility.
Mr. Whidden stated that no water would be drawn from Lake Olsen, that any water used for said purpose would be drawn from lakes within the development.
Mr. Rick McCoy, the engineer for this project, appeared before the Board, was sworn in by the Deputy Clerk, and answered questions concerning engineering and water and sewer issues.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Swartz stated that, when this development first came before the Board, he had voted against it, noting the reasons why, however, noted that some of the things that he was previously concerned about had been improved. He stated that some of the concerns expressed by Mr. and Mrs. Newcomb had also been dealt with, in the Settlement Agreement, through DCA. He stated that he was going to vote in favor of this project, because most of the issues he was concerned about had been dealt with, however, he still felt that, while golf courses are nice, they are not natural open space and he feels that the County needs to have more natural open space. He stated that the project does not come close to meeting the County's open space requirement, in the sense of having any kind of natural open space, however, he was going to vote for the project.
On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for a major amendment to PUD Ordinance No. 19-92, to bring the amended PUD into conformance with the County's Stipulated Settlement Agreement, subject to the Resolution contained in the Board's backup material, the Planning and Zoning Commission's recommendation, and review and approval by the County Attorney's Office.
PETITION NO. 19-94-2 - R-6 TO CFD - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS (CONT'D.)
Mr. Pete Wahl, County Manager, informed the Board that Mr. Chuck Pula, Parks and Recreation Coordinator, had been contacted and he indicated that the only time limit that applies to this request, with respect to the grants, is the fact that there is a requirement, under the law, that the County complete the park project within two years from the initial award of the grant. He stated that the grant was awarded in April of 1994, so the County has two years from that date to complete the project. He stated that Mr. Pula was of the opinion that the project would not be jeopardized by postponing this request for 30 days, if that was the desire of the Board.
Commr. Bailey stated that, out of consideration for the Clermont Chamber of Commerce and its members and the people in south Lake County, he was going to recommend that the Board postpone action regarding this request, for 30 days, however, noted that he would hope the Chamber of Commerce and everybody else concerned would look at this request in such a way as to realize that there is a problem in south Lake County. He stated that he felt it was important for all involved to work together, to provide amenities for that part of the County, not just for the people in the cities. He stated that he would hope the Chamber of Commerce, when involved in these types of issues, would look at them objectively and make sure that the right thing is done, for everybody involved.
Commr. Hanson stated that she too felt the Board should postpone action regarding this case and, in the meantime, suggested that the County work with the Chamber of Commerce and try to resolve some of the issues.
A motion was made by Commr. Bailey and seconded by Commr. Swartz to uphold the recommendation of the Planning and Zoning Commission and approve a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District), for the development of a county park, to include a boat ramp, parking lot, picnic and playground area, restroom facilities, trails and walkways.
Under discussion, Commr. Swartz stated that he felt it was important for Mr. Pula to make a presentation, concerning the matter, to the Clermont Chamber of Commerce, as well as to any others that may be interested. He stated that he would like for staff to look at the number of parking places being proposed for the park versus the number of parking places that would be consistent with where the park is located and access into the park and analyze it, in terms of whether or not it is an appropriate number of parking places. He stated that perhaps a smaller number of parking places should be proposed and it should be so designated that, once that number is reached, that is it for that day.
Commr. Bailey stated that he wanted to make sure no double standard was used, noting that, whatever applies to the private sector shall apply to the County. He stated that he did not want to see the County receive any preferential treatment.
The Chairman called for a vote on the motion, which was carried unanimously.
RECESS & REASSEMBLY
At 10:55 a.m., the Chairman announced that the Board would recess for 15 minutes.
PUBLIC HEARING
PLANNING & DEVELOPMENT
ADOPTION HEARING - FIRST AMENDMENT TO COMPREHENSIVE PLAN FOR 1994
Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board stating that staff had received an ORC (Objections, Recommendations and Comments) Report, dated June 16, 1994, from the Department of Community Affairs (DCA), as well as a revised ORC Report, dated June 17, 1994, in which DCA addresses a concern about 75 foot setbacks for septic tanks. He stated that the County Attorney would update the Board regarding the matter.
Mr. Frank Gaylord, County Attorney, appeared before the Board stating that there are a number of Comprehensive Plan requirements for septic tanks in the Green Swamp. He stated that, under ELMS (Environmental Land Management Study) III, it provides that a state agency that is regulated by another state agency cannot impose, or require, greater restrictions than those imposed by the regulatory agency. He stated that, since HRS (Health & Rehabilitative Services) regulates septic tanks, the County said that it was there responsibility to regulate them in the Green Swamp, however, DCA took a different position, stating that the County cannot do that. He stated that DCA has asked the County to consider two things, being (1) a variance procedure for the 75 feet and (2) inspection and enforcement of inspections in the Green Swamp.
Mr. Gaylord stated that DCA requested the County to look at Polk County's adopted plan, dealing with said issue, and consider adopting it, under the County's Comprehensive Plan. He requested the Board to postpone action regarding this request for 30 days and authorize staff to contact the Chairman of the Polk County Board of County Commissioners, to discuss the matter.
Commr. Swartz stated that Mr. Knight was only referring to one particular part of the Comprehensive Plan Amendment, the part that referred to the upland setback requirement.
Mr. Wahl, County Manager, interjected that, in order for the amendments within the ORC Report to be transmitted at the same time that the other Comprehensive Plan amendments are done, DCA had recommended that the County table the whole issue of the Comprehensive Plan Amendments for 30 days, for consideration.
Commr. Hanson questioned whether there was a down side to postponing the request.
Mr. Knight stated that the County had 60 days from the date that they received the ORC Report to respond, therefore, the County would be able to postpone the matter for 30 days and still have time to respond in a timely manner.
Mr. Steve Richey, Attorney, appeared before the Board stating that he had appeared before the Board, on behalf of Pringle Development Corporation, concerning one of the Comprehensive Plan Amendments, and that delaying the matter for 30 days would allow them to gather additional information, to deal with the questions and concerns raised in the ORC Report. He stated that his client supported the 30 day postponement.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
A motion was made by Commr. Bailey and seconded by Commr. Cadwell to postpone action regarding the first amendment to the Comprehensive Plan for 1994 for 30 days.
Under discussion, Commr. Swartz stated that he had no problem with staff contacting Polk County and dealing with that issue, however, it seemed to him that, if the language noted by Mr. Gaylord was the language that Polk County adopted, while it is going to require a more rigorous review of those lots that may have some vesting, in terms of having the ability to build a single family unit on said lots, with regard to septic tanks and setbacks, it seemed to him that it is not an unreasonable way to deal with that issue, but it would require more effort on behalf of staff, to determine which ones they are talking about, how many they are talking about, and create a procedure whereby those lots are reviewed. He stated that, with regard to some of the other amendments, he did not see any reason to postpone action regarding Comprehensive Plan Amendment No. 94-1-1-2, which he noted is the amendment adding approximately 1,327 acres to the suburban category.
Commr. Swartz questioned whether the Board was going to, during the interim, instruct staff to deal with Amendment No. 93-1, which he noted is Lake Jem Rural Village, or whether the Board was going to let it sit for 30 days and then come back with the same documentation that is before them this date.
Commr. Cadwell stated that Commr. Swartz could offer an amendment to the motion, or talk with staff, on his own, about the concerns he noted and be prepared to discuss them in 30 days.
Commr. Swartz amended Commr. Bailey's motion in that, with regard to proposed Amendment No. 93-1, which deals with the Lake Jem Rural Village, that the Board authorize staff to develop the data and analysis to demonstrate that the amendment is reasonable, that it has been coordinated with Orange County, and that it is consistent with the County's Objective 9-10 and 9-10.1.2 and any other objections that DCA required, with regard to the proposed amendment.
Commr. Gerber seconded the amendment.
Mr. Knight stated that staff was in the process of obtaining information to support the transmitted amendments, noting that they were transmitted with the intent to adopt and staff felt that, if they were transmitted with the intent to adopt, they needed to be supported further, so they obtained a letter from Orange County.
The Chairman called for a vote on the amendment, which failed by a 3 to 2 vote.
Commrs. Cadwell, Bailey and Hanson voted "No".
The Chairman called for a vote on the original motion, to postpone this request for 30 days, which was carried.
Commr. Swartz voted "No".
COUNTY MANAGER'S CONSENT AGENDA
COMMUNITY SERVICES/GRANTS/PURCHASING
Mr. Pete Wahl, County Manager, explained the request from the Purchasing Department and Mr. Fletcher Smith, Director of Community Affairs, explained the request from Community Services.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Community Services for approval of a request from the Citizens' Commission for Children to prepare and submit a Grant Concept Paper to the Ounce of Prevention Fund of Florida; and a request from Purchasing for approval to advertise for bids, proposals and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:
D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.
DIVISION AMOUNT
1) BUILDING $27,564.00
New Age Technology/Authorization to issue a purchase order for one each Compaq Proliant 4/66 Server, four Compaq 486/66 DX2 Workstations, and miscellaneous computer equipment and printers. It is requested that the Board approve the purchase of the computer equipment off of the County Computer Bid No. B-4-3-79, GSA/State Contract No. 250-040-93-1, and New Age
Quote for the Building Department Network Configuration. The purchase price of $27,564.00 is below the Bid and GSA prices, with a savings of $1,513.00. New Age is the authorized Compaq Dealer in Lake County and has provided quality service. This computer equipment is being purchased, per the recommendation of the Kitchen Cabinet.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
LANDFILLS/PUBLIC SERVICES
Mr. Ron Roche, Director, Solid Waste Management Division, explained this request and answered questions from the Board regarding same.
Commr. Gerber noted, for the record, that the only difference between the two requests before the Board this date was an extra $10,000, however, she had talked with Mr. Bill Johnson, with the Florida Game & Fresh Water Fish Commission, and he had indicated that $10,000 was an outrageous amount of money for the tests (mercury contamination of fish) being conducted. She stated that the Florida Game & Fresh Water Fish Commission had indicated that they would test four fish, for the County, for free. She stated that all staff would have to do is get someone to catch the fish. She stated that the Florida Game & Fresh Water Fish Commission was rather taken aback by the amount, therefore, she would like to know what else would be done for the $10,000.
Mr. Jim Nisson, Brown and Caldwell, appeared before the Board, was sworn in by the Deputy Clerk, Sandra Carter, and answered Commr. Gerber's concern about what his firm would do for the additional $10,000.
Discussion occurred regarding the matter, at which time Commr. Gerber noted that some tests would also be done on Spanish moss and that the County would receive a complete report on same. She stated that the moss would be a good indicator and she felt that the Board would be receiving a very thorough investigative report on same.
Commr. Swartz suggested a different approach to the matter, stating that he felt it was important to take what the County has, which is always limited resources, and spend it in such a way as to obtain the best information, for the public's health, safety and welfare, to be able to answer questions from the public. He stated that there was no reason to have two engineering firms working on this project and suggested that the Board (1) retain HDR, to do those things which the County is required to do, under the County's contract with Ogden Martin, and as a result of the bond financing that is in place and (2) that the County not enter into a contract with Brown & Caldwell, for any of the testing that is proposed in the contract before the Board this date, and that those items for environmental monitoring of the biotic sampling be expanded. He stated that he felt the County should test through the four seasons, with multiple sample locations for the Spanish moss, noting that he felt it was one of the best indicators.
Commr. Swartz stated that he would support Commr. Gerber having the bass and Spanish moss tested, noting that it could be done as part of this testing program, or the County could have the Florida Game & Fresh Water Fish Commission do it. He suggested that, on the environmental monitoring part, that the Board request staff to prepare, to be put out on the street, four bids, to various types of environmental monitoring organizations, asking for testing of the moss and bass and, perhaps, getting a price on some other testing, if they feel that they would like to consider having some other tests done.
Commr. Swartz stated that he saw no reason to contract with Brown & Caldwell, who subcontracts for what he feels is the most important part of the environmental monitoring, which is the biotic sampling. He stated that he felt the County should go direct for that. He stated that, if staff says that the County cannot go out to bid, then he would suggest the County enter into a contract with KBN Engineering, a subcontractor of Brown & Caldwell, which is the firm that has been doing it, at least for this year, until the County can put it out on the street, in some form, or in an RFP. He stated that it would save the County money and get the County the information that it needs.
Further discussion occurred regarding the matter, at which time Commr. Swartz noted that he saw no reason, at this time, to do dioxin testing. He stated that, for significantly less money than what the County is proposing to spend, it can beef up the environmental biotic sampling, do away with much of the duplication and have the same level of assurance. He stated that, depending on what the new regulations come out with, the County may want to set up a guideline where every three or five years, on the annual compliance testing, the County can ask Ogden Martin to run some additional tests and the County can review that data, as well.
Commr. Hanson questioned whether this matter was time sensitive, to which Mr. Roche stated that it was late, however, he did not feel that it was extremely time sensitive.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board directed that the County not contract with Brown & Caldwell, for the scope of services proposed in Tab 8, and authorized staff to prepare, either for bid or for an RFP, an environmental monitoring program, to be put out on the street, which would expand the scope of services primarily in the frequency of analysis of Spanish moss and provide an alternative for other things, to include the testing of bass, as recommended by Commr. Gerber.
It was noted that the Board would like for staff to explore the possibility of the Florida Game & Fresh Water Fish Commission doing the tests.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request that the only thing to be deleted from the scope of services, for environmental monitoring at the waste-to-energy facility, is that HDR be responsible for the merchant plant ash disposal costs and that staff, including the Public Services Department, the Solid Waste Department, the Clerk's Finance Department, and the Budget Office make an analysis of the ash disposal costs and bring it to the Board, for consideration, rather than have HDR do it.
REPORTS
COUNTY ATTORNEY
PLANNING AND DEVELOPMENT/ZONING
Mr. Frank Gaylord, County Attorney, informed the Board that his office had compiled research dealing with the issue of common law vesting and that Mr. Tim Hoban, Senior Assistant County Attorney, had prepared a memo, for their perusal, regarding the matter. He stated that the Board had 30 days in which to act and would prefer that, if they had any questions, they discuss them with his staff privately. He noted that the issue will be brought before the Board, for discussion, after 2:00 p.m., at the meeting scheduled for July 5, 1994.
No action was needed or taken at this time.
REPORTS
COUNTY MANAGER
BUDGETS/MEETINGS
Mr. Pete Wahl, County Manager, informed the Board that they had previously approved and adopted a Budget Development Schedule which called for workshops to be held on July 11-15, 1994. He stated that staff had talked to the Constitutional Officers and they proposed the Workshop Schedule contained in the Board's backup material.
No action was needed or taken at this time.
REPORTS
COUNTY MANAGER
RESOLUTIONS
Mr. Pete Wahl, County Manager, informed the Board that they had previously directed the Chairman to convey to both the Florida Legislature and the U.S. Congress the Board's position on flow control. He stated that a Resolution had been drafted, for the Chairman's signature, encouraging the Federal Government to adopt such flow control measures as is deemed in the County's best interest.
On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a Resolution requesting the adoption of certain Federal legislation, to clarify and assure Lake County's ability to manage solid waste disposal and financial stability, by means of a comprehensive Solid Waste Management System.
REPORTS
COUNTY MANAGER
COMMITTEES/LANDFILLS/SOLID WASTE
Mr. Pete Wahl, County Manager, brought to the attention of the Board the need for the Solid Waste Committee to be reestablished.
A brief discussion occurred regarding the matter, however, no action was taken at this time.
REPORTS
COMMISSIONERS
RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved a Resolution saluting Mr. David Nielsen, who will be 100 years old on July 4, 1994.
ADDENDUM NO. 1
REPORTS
LAWS & LEGISLATION/UTILITIES
The Chairman brought to the attention of the Board the fact that the Florida Public Service Commission (PSC) was requesting information regarding any Board action concerning hardship criteria established for those individuals for which it would be a hardship to connect to an investor owned utility, as specified in Section 318.00655, of the Florida Statutes.
Commr. Swartz stated that Section 381.00655, of the Florida Statutes, requires a significant change in connections for on site septic systems, in a way that is much different than what the County's Comprehensive Plan requires. He stated that, in the past, the County only required connection for an on site septic system, if somebody was having a problem and the utility was within a certain distance, however, it appears that the Statute is stating that, if it is a publicly owned, or investor owned utility, those individuals could be told to connect.
Mr. Jim Barker, Director of Environmental Management Services, interjected that the required connection is covered under Section 381.0065, of the Florida Statutes, however, Section 381.00655, the section being alluded to, addresses a hardship relief and the ability for one to be able to pay, over a period of time, for hardship cases. He stated that, what the Public Service Commission (PSC) is asking is whether the Board, as the local jurisdictional governing body, wants to take on the responsibility of making determinations of when it is applicable and when it is not.
A motion was made by Commr. Swartz and seconded by Commr. Gerber that, with regard to the legislation being discussed, the County provide whatever safety net it can, to allow those people who are compelled to connect and who meet certain standards for financial ability to pay to have the non-interest extended payment plan, and that the Board take whatever action is necessary to get that information to the PSC.
Under discussion, Mr. Pete Wahl, County Manager, questioned whether the Board wanted to establish the local hardship criteria, or whether it wanted the PSC, as it relates to investor owned utilities, to establish said criteria, to be applied statewide.
Commr. Swartz stated that he felt, if the Board had the opportunity to establish the criteria, that it should do so, because the PSC's criteria might be based on a statewide figure, where the Board could base its criteria on a local figure.
The Chairman called for a vote on the motion, which was carried unanimously.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:10 p.m.
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CATHERINE C. HANSON, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
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