The Lake County Board of County Commissioners met in regular session on Tuesday, May 18, 1999, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chair; Robert A. Pool; Rhonda H. Gerber; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Commr. Cadwell congratulated the Mt. Dora Bible School Bulldogs girls softball team for winning the Class A Florida Girls Softball Championship. He noted that a proclamation would be prepared for presentation to the Mt. Dora Bible School Bulldogs softball team.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, noted that a published Addendum No. 1 had been added to the agenda.
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the agenda, under Reports, discussion on the proposed dates for the Value Adjustment Board for 1999.
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Courts-Judges/Code Enforcement
Request for approval and authorized signature on Satisfaction and Release of Fine for Michael and Michelle Coury, in the amount of $3,000.00 as payment in full, dated September 15, 1998, and recorded in Official Records Book 1651, pages 1085 and 1086. Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
Request for approval and authorized signature on Satisfaction and Release of Fine for Johnie Berry, Jr., and Ava J. Berry, in the amount of $2,200.00 as payment in full, dated August 19, 1998, and recorded in Official Records Book 1637, page 805 and 806. Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
5513-99 Ken Baker
5697-99 William T. Morley/Comfort Control of West Orange, Inc.
Cancellation
5558-98 Donto Construction Company, Inc. (Underground Utility & Excavation)
Accounts Allowed/County Property
Request for approval of list of items to be deleted from Fixed Assets for the month of May, 1999, in the amount of $166,088.38.
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 Board Support Division of the Clerk's Office.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 99-003, An Ordinance Annexing Property to the City of Fruitland Park, Florida; Providing for the Annexation of Property Generally Located on the West Side of U.S. Highway 441 Between Shadow Hill Drive and Grays Airport Road, and Generally Known as the Pearce Property; Providing for C-2 (General Commercial) Zoning of the Property; Providing for a Commercial Comprehensive Plan Land Use Designation for the Property; Providing for an Effective Date, passed and ordained the 22nd day of April 1999, by the City Commission of the City of Fruitland park, Florida.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Community Services
Request for approval to authorize funding beyond expiration of extension period under the Affordable Housing SHIP program for Michael and Sarah Poe to allow loan for new construction.
Emergency Services
Request for approval of request by Florida Regional Emergency Medical Services to trade in seven (7) Lifepak 11 Monitors/Defibrillators (physio control) for seven (7) Hewlett Packard/Laerdal units at no cost to the County.
Accounts Allowed/Budgets/Budget Transfers/Sheriff/Growth Management
Community Services
Request from Fiscal and Administrative Services for approval of the following budget transfers:
(1) Budget transfer, in the amount of $10,000.00, from the General Fund Sheriff Contingency account to Law Enforcement-Equipment.
(2) Budget transfer, in the amount of $30,000.00, from the County Library System Fund, Community Services, Communications and Freight to Machinery and Equipment for replacement of Library Services' server for its networked automation system. The server is five years old and IBM has discontinued its support.
(3) Budget transfer, in the amount of $8,150.00, from the General Fund, Growth Management, Building Services Division, Special Reserve to Machinery & Equipment to pay an outstanding purchase order for computers that were in the Fiscal Year 98 Amended Budget. The computers were ordered and received prior to September 30, 1998; however, the invoice was not received until March 1999.
Accounts Allowed/Contracts, Leases & Agreements/Libraries
Request for approval of Public Information Kiosk, Inc. as the sole source supplier to provide a public information kiosk for Library Services in the amount of $43,900.00. The requested purchase includes a full service maintenance agreement. Funding will be from Library Services Equipment for $38,500.00 and Library Services Software & Maintenance for $5,400.00. The kiosk will be placed in the Marion Baysinger Library in Groveland.
Deeds/Rights-of-Way, Roads & Easements/Road Projects
Request for approval to accept the following Statutory Warranty Deeds, Statutory Quitclaim Deeds:
Statutory Warranty Deeds:
The Villages of Lake-Sumter, Inc.
Rolling Acres Road
Don W. Mathews
First Street
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
Village Center Community Development District
Rolling Acres Road
Statutory Quitclaim Deeds:
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
The Villages of Lake-Sumter, Inc.
First Street/Rolling Acres Road
Villages Industrial Center Property Owners Association, Inc.
First Street/Rolling Acres Road
Villages Industrial Center Property Owners Association, Inc.
First Street/Rolling Acres Road
Accounts Allowed/Subdivisions
Request for authorization to accept the final plat for Plantation at Leesburg, Sawgrass Village (a.k.a. Pod CC) - subdivision consists of 113 lots - Commissioner District 2.
Deeds/Resolutions/Roads-County & State/Rights-of-Way, Roads & Easements
State Agencies
Request for approval and signature on Resolution No. 1999-85 and execution of a County deed to the State of Florida Department of Transportation for a portion of right-of-way of State Road No. 500 (US441) and portion of other dedicated or maintained streets between .2 miles west of Lakeshore Boulevard to Lake Eustis Drive, lying within the required right-of-way as shown on the Right-of-Way map of Section 11010-2554, State Road No. 500 (US 441) as filed in the Office of the Clerk of the Circuit Court in Lake County, Florida, or in the Office of the Department of Transportation in Deland, Florida.
Rights-of-Way, Roads & Easements/Resolutions/Road Closings
Request for approval of Resolution No. 1999-86 to advertise Vacation Petition No. 898 by George Townsend to vacate right-of-way, Section 21, Township 20S, Range 25E, Yalaha area- Commissioner District 3.
Request for approval of Resolution No. 1999-87 to advertise Vacation Petition No. 899 by Edward and Elizabeth Stanton, Representative Debbie Stivender, to vacate utility easement (Lot 287), Orange Blossom Gardens, Unit No. 3.1B, Section 7, Township 18S, Range 24E, Lady Lake area - Commissioner District 5.
Request for approval of Resolution No. 1999-88 to advertise Vacation Petition No. 900 by Donald J. and Janet R. DeOrnellas, Representative Debbie Stivender, to vacate utility easement (Lot 328), Orange Blossom Gardens, Unit No. 3.1B, Section 7, Township 18S, Range 24E, Lady Lake area - Commissioner District 5.
Accounts Allowed/Road Projects/Roads-County & State
Request for approval to execute change order number 1 to #2-1254 Hancock Road, South Extension Construction Project No. 11-99, Bid No. 99-068, in the amount of $20,573.50, for the construction of turn lanes at the intersection of the south extension of #2-1254 Hancock Road and Kings Ridge Boulevard; and request for approval to accept $20,573.00 from LLP-Adult Orlando (Lennar Homes) for the payment of change order number 1.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/County Buildings
Request for approval of McQuay Service as a sole source emergency procurement, in the amount of $37,692.00, to retrofit an existing McQuay chiller at the Central Energy Plant that serves the buildings at the Tavares complex.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PUBLIC HEARINGS
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance relating to significant amendment to Chapter 4, Animals, on the floor for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA RELATING TO SIGNIFICANT AMENDMENT TO CHAPTER 4, ANIMALS, LAKE COUNTY CODE; CHAPTER 4, LAKE COUNTY CODE IS RESTATED IN ITS ENTIRETY; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE I, IN GENERAL, TO BE RENAMED ARTICLE I, ADMINISTRATION, CONSISTING OF SECTIONS 4-1 THROUGH 4-30; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS: SECTION 4-1, PURPOSE AND INTENT; SECTION 4-2, SCOPE; SECTION 4-3, DEFINITIONS; SECTION 4-4, DUTY OF ANIMAL CONTROL OFFICIAL GENERALLY; SECTION 4-5, COUNTY MANAGER AUTHORIZED TO ADOPT PROCEDURES TO IMPLEMENT THIS CHAPTER OF THE LAKE COUNTY CODE; SECTION 4-6 ENTRY POWER OF EMPLOYEES; SECTION 4-7, UNLAWFUL INTERFERENCE WITH ANIMAL CONTROL OFFICER; SECTION 4-8, VIOLATIONS AND ENFORCEMENT; SECTION 4-9, ADMINISTRATIVE FEES; SECTION 4-10 THROUGH 4-30 RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE II, ADMINISTRATION AND ENFORCEMENT, TO BE RENAMED ARTICLE II, IN GENERAL, CONSISTING OF SECTIONS 4-31 THROUGH 4-60; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-31, DANGEROUS DOGS, SECTION 4-32, ATTACK OR BITE BY DANGEROUS DOG, PENALTIES, CONFISCATION; SECTION 4-33, CONFINEMENT OF DANGEROUS ANIMALS; SECTION 4-34, DISPOSAL OF DANGEROUS ANIMALS FOUND AT-LARGE; SECTION 4-35, DISPOSAL OF DANGEROUS ANIMALS NOT AT-LARGE; SECTION 4-36, URINATING AND DEFECATING; SECTION 4-37, NOISY ANIMALS; SECTION 4-38, INJURY TO PERSONS, ANIMALS AND/OR PROPERTY; SECTION 4-39, ODORS; SECTION 4-40, FEMALE DOGS AND CATS IN HEAT; SECTION 4-41, DUTY TO KEEP ANIMAL UNDER RESTRAINT WHILE ON OWN PROPERTY; SECTION 4-42, DUTY TO KEEP ANIMAL UNDER RESTRAINT WHILE OFF PROPERTY; SECTION 4-43, WILDLIFE HYBRIDS PROHIBITED; SECTION 4-44, DISPOSITION OF DEAD ANIMALS; SECTIONS 4-45 THROUGH 4-60, RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE III, LICENSES AND VACCINATION, TO BE RENAMED ARTICLE III, RABIES SUSCEPTIBLE ANIMALS, CONSISTING OF SECTIONS 4-61 THROUGH 4-79; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-61, REPORTING AND CONFINEMENT OF RABIES-SUSCEPTIBLE ANIMALS WHICH HAVE BITTEN PEOPLE OR APPEAR TO HAVE RABIES; SECTION 4-62, TREATMENT OR DESTRUCTION OF INFECTED OR INJURED ANIMALS; SECTION 4-63, IMPOUNDMENT, QUARANTINE WHEN SUSPECTED OF HAVING RABIES; SECTION 4-64, VACCINATION REQUIRED; SECTION 4-65, CERTIFICATES AND TAGS; SECTION 4-66, TAG FEES; SECTIONS 4-67 THROUGH 4-79, RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE IV, ANIMAL CARE, CRUELTY, ETC., TO BE RENAMED ARTICLE IV, CARE AND HOUSING OF ANIMALS, CONSISTING OF SECTIONS 4-80 THROUGH 4-94; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-80, HOUSING AND CARE OF ANIMALS; SECTION 4-81, ANIMAL CRUELTY OR NEGLECT; SECTION 4-82, ANIMALS FOUND IN DISTRESS, WHEN AGENT MAY TAKE CHARGE, HEARING, DISPOSITION, SALE; SECTION 4-83, CONFINEMENT OF ANIMAL IN VEHICLE; SECTIONS 4-84 THROUGH 4-94, RESERVED; PROVIDING FOR AMENDMENT TO LAKE COUNTY CODE, CHAPTER 4, ARTICLE V, RESERVED, TO BE RENAMED ARTICLE V, ANIMAL SHELTER, CONSISTING OF SECTIONS 4-95 THROUGH 4-115; PROVIDING FOR THE CREATION OF THE FOLLOWING SECTIONS; SECTION 4-95 CONSTRUCTION, MAINTENANCE AND USE OF ANIMAL SHELTER; SECTION 4-96, IMPOUNDMENT OF ANIMALS, COMPULSORY STERILIZATION; SECTION 4-97, SEIZURE OF ANIMALS ON COURT ORDER, DISPOSITION OF IMPOUNDED ANIMALS; SECTION 4-98, SURRENDER OF ANIMALS; SECTIONS 4-99 THROUGH 4-115, RESERVED; PROVIDING FOR AMENDMENT TO CHAPTER II, DEFINITIONS, LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE REGARDING KENNELS AND CATTERYS; PROVIDING FOR AMENDMENT TO SECTION 3.01.04(18), KENNEL OR CATTERY, LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO SECTION 3.01.02(B)(5), KENNEL, LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE; CREATING SECTION 3.02.05(J) LAND DEVELOPMENT REGULATIONS, APPENDIX E, LAKE COUNTY CODE REGARDING KENNELS AND CATTERYS; PROVIDING FOR LIBERAL CONSTRUCTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
At this time, Commr. Cadwell opened the public hearing portion of the meeting, and the Board and staff addressed questions and concerns expressed by those present.
Ms. Jennie Troesh, Humane Society of Lake County and Central Florida Boxer Rescue, appeared before the Board to discuss the above noted ordinance. She expressed concern that Section 4-62. Treatment or Destruction of Infected or Injured Animals does not provide a provision to address the injured animal picked up and placed in a cage for a number of days before being destroyed if the animal was not claimed by the owner.
Ms. Rene' Segraves, Field Operation Supervisor, Lake County Animal Control, appeared before the Board and explained that the first available officer is dispatched when a call comes in for an injured animal along the road. She stated that the injured animal is turned over to the owner if the owner was present at the site.
Ms. Marjorie Toots, Shelter Operations Supervisor, Lake County Animal Control, appeared before the Board and explained that, if an owner cannot be located for an injured animal, the animal is evaluated and will be taken to a Veterinarian as soon as possible if the animal is in pain, cannot eat or drink, or is unable to stand.
Ms. Troesch requested that the Board provide Animal Control with the authority to relieve the pain of an injured animal. She discussed Section 4-42. Duty to Keep Animal Under Restraint While Off Property, and questioned how the County plans to enforce the requirement that an animal be caged or cross tethered in the open bed of a pickup truck. She suggested that when an animal was lose, male or female, whether the owner was located or not, the animal should be neutered or spayed before the animal was released to the owner. She discussed Section 4-65. Certificates and Tags, and suggested that consideration be given to issuing County tags through veterinarian offices, which would generate more revenue for the County.
Mr. Pat Smallwood, Banning Beach Road, appeared before the Board and requested specificity regarding the definition of a wildlife hybrid. He questioned if a wolf would be prohibited as a pet.
Mr. Minkoff clarified that the ordinance has a provision under Section 4-43. Wildlife hybrids prohibited, which states that any animal alive and within the territory of the county on the effective date of this ordinance shall not be subject to the prohibition.
Mr. Tad Stone, Senior Director, Emergency Services, appeared before the Board and explained that a wildlife hybrid could be a dog or cat breed with any wildlife hybrid, such as fox, wolf, or coyote. He noted that racoons, and skunks were mammals and not considered a hybrid.
Ms. Sheila Gilmore appeared before the Board to address dogs barking in a residential retirement area and discussed a situation with the neighbor's three (3) dogs and four (4) cats. She explained that the dogs bark continually when the neighbors are away from the home and steps have been taken with the assistance of Lake County Animal Control; however, one of the dogs continues to bark. She stated that Animal Control has indicated that records of complaints were not kept after a period of time and requested that the Board provide Animal Control with the necessary computers to assist in record keeping.
Ms. Toots addressed the concerns expressed by Ms. Gilmore and explained that, at the present time, Animal Control was keeping records by hand and noted that the computers were not hooked up and several pieces were needed to get the computers functional. She stated that Computer Services has been working on this issue.
Commr. Swartz directed the Board's attention to Page 48, Section 2. Kennel and discussed the definition of a kennel or cattery. He explained that the definitions under Item c. and Item d. allow for up to five (5) dogs or cats over the age of six (6) months on parcels of land five (5) acres or less, up to ten (10) or more dogs or cats over the age of six (6) months on parcels of land greater than five (5) acres but less than twenty (30) acres and twenty (20) or more dogs or cats on parcels of land twenty (20) areas or greater. He encouraged the Board to address this section and expressed concern that said language was too wide open and would create problems in the future.
Ms. Tammy Frank von Frankenstein appeared before the Board and questioned if a Conditional Use Permit was required for exotic animals, such as a llama or emu, that are kept as a pet. She questioned if non commercial dog and cat fanciers would be required to have a kennel license and a CUP (Conditional Use Permit). It was noted that this definition was not in the proposed draft ordinance. She further questioned if a kennel was required to have County tags for their animals. She noted that Animal Control had a total of 328 barking complaints and 7,311 calls last year with only four (4) animal control officers to address these calls. She suggested that the funds from vicious animals and tags be used to hire another animal control officer.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained that exotic animals were not addressed in the ordinance and would be addressed on a case by case basis as a Conditional Use Permit request. She stated that kennels were required to have County tags for their animals.
Ms. Frank von Frankenstein questioned if kennels were required to follow building codes and discussed a situation with a kennel adjacent to her property. She stated that some thing has to be in place that acknowledges that barking dogs are a nuisance, and the proposed ordinance does not address this issue.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson brought up for discussion the issue of disposing of dead wildlife on private property on a non-county maintained road and expressed concern with the property owner being responsible for the cost of disposing of the wild animal. She noted that the ordinance addresses unclaimed or unidentified domestic animals found on private property with the land owner being charged for the removal of said animal and requested that staff look at the issue of wildlife found on private property.
Mr. Minkoff explained that Section 4-44. Disposition of Dead Animals, puts the primary responsibility on the owner of said animal and/or the owner of the private property where the dead animal is found if the owner of the animal cannot be located.
Commr. Swartz readdressed Section 2. Kennel, and expressed concern with the recommendation from the Lake County Animal Control Study Committee which provided for the unlimited ability to have any number of dogs and/or cats. He stated that the problems are on large tracts of land in the rural area with numerous dogs. He stated that twenty (20) dogs or cats on twenty (20) acres would pose a problem.
In response to the concerns expressed by Commr. Swartz, Ms. Segraves explained that the problem was not with the large number of dogs but with the one, two or three family dogs barking. She stated that the proposed ordinance adequately addresses the needs of Lake County.
Mr. Minkoff clarified that originally hunting dogs were exempt from the Animal Control Ordinance; however, hunting dogs are not exempt from the proposed ordinance.
Commr. Cadwell requested that the hunting dog exemption be put back into the ordinance if the number of dogs under Section 2. Kennels remains the same.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Lake County Animal Control Ordinance, as read on its first reading, by title only.
Mr. Minkoff noted that the final public hearing for the Lake County Animal Control Ordinance was tentatively scheduled on June 1, 1999, at 5:05 p.m.
PERSONAL APPEARANCES
PRESENTATION
Mr. Billy Brewer, Senior, Tavares High School, appeared before the Board and stated that he has been involved with the Diversified Career Technology Program for two years and currently serves as the State Region 3 Vice President for the Cooperative Education Clubs of Florida (CCF). He explained that CCF provides the means to organize the employee/employer breakfast district competition and the state leadership conference in April. He stated that Ms. Sharon Farrell, Senior Director, Department of Growth Management, participated as a judge at the district competition in February and, at this time, he would like to extend an open invitation to anyone who might be interested in assisting next year.
Ms. Adrian Thompson, President, Tavares High School Cooperative Education Clubs of Florida, appeared before the Board to present a plaque to the Board of County Commissioners from the Tavares High School Diversified Career Technology (DCT) Program expressing appreciation for the Board's support of the DCT program.
Mr. Claude Pennachia, Principal, Tavares High School, appeared before the Board and thanked the Board on behalf of Tavares High School for the unique opportunity to have a quality work position available to the students at Tavares High School.
At this time, Ms. Renee Milsap expressed her appreciation for the opportunity to work in Code Enforcement, and Ms. Ariella Lozano expressed her appreciation for the opportunity to work in Building Services.
RECESS & REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess and reconvene at 10:30 a.m.
PUBLIC HEARINGS
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Lake County Land Development Regulations Chapter II, Chapter XI, Off-Site Signs, on the floor for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 11.01.03 ENTITLED PROHIBITED SIGNS TO PROHIBIT OFF-PREMISE SIGNS AND BILLBOARDS; REPEALING SECTION 11.06.00 OFF-SITE SIGNS; AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS ENTITLED DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Pool declared a conflict of interest because of an appearance of a conflict as the President of a corporation that owns real property on which a billboard is now located. A conflict of interest form was filed with the Clerk's Office.
Commr. Cadwell disclosed that his wife receives approximately $300 per year through her father's estate for a billboard rental. He stated that he does not perceive this as a conflict and would be participating in the discussion and voting on this issue.
It was noted that Mr. Minkoff had distributed a copy of House Bill 591 prior to the start of the meeting. Mr. Minkoff explained that House Bill 591 proposes to make amendments to Section 479.15 Florida Statutes to provide that state right-of-way acquisition on state and federal roads in eminent domain proceedings would allow a sign to be reconstructed or relocated adjacent to the new right-of-way along the roadway within 100 feet of the current location provided that the nonconforming sign was not relocated on a parcel zoned residential, and such relocation shall be subject to applicable setback requirements. It further provides that the relocation be adjacent to the current site, and the face of the sign not be increased in size or height. He explained that, in the event that relocation was inconsistent with the ordinances of a municipality or a county, the ordinances of the local government shall prevail and, therefore, the local government shall assume the responsibility for just compensation for removal of the sign.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Dory Hostettler, a resident of Mount Dora, appeared before the Board to present, on behalf of the Golden Triangle Federated Republican Women's Club, a petition in support of the off-site sign ordinance as proposed in order to preserve and restore our scenic character, diminish visual blight, promote eco-tourism, benefit economic development and enhance our quality of life.
Mr. Howard Berry, a resident of Clermont, appeared before the Board to express support of the off-site sign ordinance on behalf of the Lake County Save Our Lakes Committee, and encouraged the Board to adopt the proposed ordinance as presented.
Ms. Nadine Foley, a resident of Umatilla, appeared before the Board on behalf of Ms. Ruth Gray, President, Lake County Conservation Council, and noted that petitions solicited from the general public at Earth Day had been presented previously in support of the off-site sign ordinance. She stated that the Lake County Conservation Council supports the preservation of the attractive landscape in Lake County, and the Council was in support of the off-site sign ordinance.
Ms. Gerri Rosenthal, a resident of Tavares, appeared before the Board and stated that she owns a commercial property which has income producing billboards. She discussed the appearances of Coral Springs, Florida, and Scarsdale, New York, and noted that they have always had deed restrictions in place banning billboards and residents were aware of the deed restrictions when they move to those communities. She noted that billboards were directional signs and discussed the positive aspects of billboards. She requested that the Board consider improving and repairing the billboards that were in place.
Mr. Jimmy Crawford, Attorney, Richey and Crawford, representing Smallwood Sign Company, and many users of billboards in Lake County, appeared before the Board in opposition to the proposed off-site sign ordinance. He noted that billboard laws were changed in Lake County and the State of Florida in the 1980s and those laws have made most of the billboards in Lake County non-conforming. He stated that, as a result of those restrictions, there are approximately twenty-five (25%) fewer billboards today in the County than there were in 1991. He stated that a drastic measure in deprecation of property rights should only be taken in response to a clear threat to public health, safety and welfare, and the facts do not bear out that perceived threat. At this time, Mr. Crawford displayed on the monitor a proposed ordinance and explained that said ordinance would protect Lake County from further billboards and would protect property rights by capping the number of billboards at today's number. The ordinance provides the billboard owner one (1) year to replace the billboard on the same site under new, more restrictive standards if the billboard is removed. If the billboard is not replaced within one (1) year, the permit for such sign could be utilized by another applicant if they meet all of the new standards. He explained that the new standards include size reductions and setback provisions as follows:
ROAD DESIGNATION SIZE HEIGHT
Turnpike 672 sf per face 40 feet
Federal Aided Primary
Highway and State Highway 378 sf per face 40 feet
County Roads 300 sf per face 40 feet
(1) All size restrictions shall be adjusted up to ten percent (10%) for artistic enhancements outside the rectangular face dimensions.
(2) Setback from all public rights-of-way shall be twenty-five (25) feet.
Setbacks from other adjacent properties shall be five (5) feet.
(3) All off-site signs shall be of steel monopole construction, and such monopole shall be surrounded by a landscaped buffer of ten (10) square feet. Said landscaping shall include shrubs and groundcover.
Mr. Crawford requested that the Board consider the above noted ordinance and noted that said ordinance adequately protects Lake County's interest in preserving the vistas and preventing a blight of billboards.
Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing Eller Media, appeared before the Board and distributed a copy of the ordinance presented by Mr. Crawford. She stated that it was the consensus of the Board to move forward with advertising the staff recommended off-site sign ordinance, which was a total prohibition of off-site signs making all signs non-conforming uses; however, the Board did indicated that, if another alternative were brought forward, it would provide some basis for further discussion. She stated that the ordinance that she has presented to the Board was presented to the Planning and Zoning Commission meeting on May 5, 1999. She requested that the minutes of the May 5, 1999 Planning and Zoning Commission meeting be placed on the record of this meeting. (The Planning and Zoning Commission Minutes, dated May 5, 1999, are on file in the Clerk's Office as part of the backup to the meeting this date). She stated that the Planning and Zoning Commission has recommended that the limitations on size be brought forward with no cap on the number of off-site signs. She stated that the industry has proposed landscaping around the sign base; however, the Planning and Zoning Commission felt that landscaping was not good in application in terms of remote locations trying to maintain the landscaping and felt that a well mowed area would be more attractive. She stated that the Planning and Zoning Commission overwhelmingly recommended that the Board consider a cap and replacement ordinance, with no cap, and look at that in terms of size reduction. She expressed concern that the approach that the County has taken was overly restrictive and that people who have signed the petition in opposition were not aware that Lake County has a signed ordinance in place today. She stated that billboards do serve a function and purpose and their function and purpose was to advertise. She requested that the Board carefully consider the alternative that has been presented and consider the recommendation of the Planning and Zoning Commission. The proposed advertised ordinance does not allow for improvement, does not recognize the ultimate effect on private property rights, and given the status of House Bill 591, the County will be required to assume the responsibility of providing just compensation.
Ms. Bonifay requested that the record reflect that Commr. Richard Swartz was voting on this proposal, and it was her understanding that Commr. Swartz recused himself on an earlier motion that came before the Board regarding the Lake County Water Authority because his wife serves on the Board of Directors. She stated that Ms. Gena Swartz testified at a prior meeting that she serves on the Board of Directors of Scenic America and, given Ms. Swartz's position as a Board of Director on Scenic America, she does not see any difference between these two issues.
Commr. Swartz stated that when the issue regarding the Lake County Water Authority came before the Board, which was to be a recommendation to the Legislative Delegation that might impact the future function of the Lake County Water Authority Board and affect his wife's position in serving on that Board, he felt he should abstain from voting on that issue and did abstain, because his wife receives a very small compensation for attending meetings. He stated that his wife receives no compensation as a Board of Director on Scenic Florida; therefore, he does intend to vote on the issue.
At this time, Mr. Minkoff cited Ethics Opinion 91-30 which provides that there would be no conflict of interest on the part of Commr. Swartz because there was no personal gain or benefit. He noted that his office contacted the Commission of Ethics today to verify the legal opinion that there would be no conflict.
Ms. Gena Swartz, member of the Board of Directors of Scenic Florida, appeared before the Board and stated that the individuals who signed the "Ban The Billboards" petition were aware of what they were signing. She discussed data received from a survey conducted by the Institute for Public Opinion Research of Florida International University in October 1995, which indicated that 200 communities surveyed were in support of tighter billboard controls, billboards cause visual blight, and Floridians prefer that the number of billboards be reduced by a 10 - 1 margin. She stated that seventy-five (75%) percent of Floridians oppose tree cutting to make billboards visible, and sixty-three (63%) percent of Floridians derive more information from official logo signs than from billboards. She stated that the Board has approved a well crafted on-site sign ordinance that will give Lake County an attractive look in the future to our commercial areas and to leave the billboards in place would be counter productive.
Ms. Jean Kaminski, Executive Director, Home Builders Association of Lake County, appeared before the Board in support of the alternative language for cap and replacement. She stated that billboards were one segment of the overall media and that billboards serve the public for information, and serve the businesses who use them as a segment of an overall promotional campaign.
Ms. Lynn Abby appeared before the Board in support of the off-site sign ordinance and expressed concern that billboards along Highway 441 and Highway 27 were a distraction. She stated that she also was originally from Scarsdale, New York, where they have a lot of laws; however, they still do have battles and they do take property rights away when it becomes necessary.
Mr. Clyde Stevens appeared before the Board in support of the proposed off-site sign ordinance and stated that he was a fifth generation Floridian. He stated that it was a pleasure driving on the few remaining road in Lake County and around the State of Florida in search of the beautiful natural areas that he has always known. He stated that he has watched the State of Florida overrun by greedy people who are here to make big dollars and do not care about the destruction and what it will be like for their children, grand children and future generations. He stated that billboards do have a function; however, other areas have found alternate ways to inform the public by discrete signs along the roadways that are easy to read, well placed, and do not block the landscape. He encouraged Lake County to follow that concept.
Mr. Barry Rosenthal, a resident of Tavares, appeared before the Board and stated that Lake County needs directional signs and billboards; however, there has to be control on the billboards, and there should be methods in which the billboards can be updated. He further stated that he has two old style wooden billboards on his property that he would like to replace with one modern billboard; however, he has been informed that he was not allowed to replace the two old billboards because of the ordinance before the Board today. He stated that something must be done to allow owners to make the old signs look more aesthetically pleasing.
Mr. Alan Spane, owner of a sign business in Lake County, appeared before the Board and expressed concern that the Board was not considering the personal side to making billboards and taking away his living. He stated that the Board should be banning new billboards and not existing billboards, and to not allow a billboard company to replace a billboard would result in a county full of billboards that are ugly and dilapidated.
Mr. Ed Mitenous, a resident of Tavares, appeared before the Board in support of the off-site sign ordinance and stated that he has been interested in conservation, beautification, and promoting the environment all of his life. He stated that he has been in business for many years and has learned that advertising was an important and powerful part of business, and billboards were an important part of advertising. He suggested that the Board consider an ordinance that provides setbacks of seventy-five (75) feet back from the roadway, screened by a ten (10) foot high row of trees or hedges. He suggested that the Board review this issue more thoroughly with input from the industry.
Ms. June Cinicola, owner of a western store in Leesburg, appeared before the Board and stated that her business uses billboards for advertising and finds the billboard a valuable advertising tool.
Ms. Susan Tetter, a taxpayer and native of Lake County, appeared before the Board and expressed concern that the proposed ordinance was unfair to the taxpayers that have billboards on their property. She stated that her family has a billboard on their property which was a way to offset the taxes that her family pays that helps improve Lake County. She stated that, if the advertisers are no longer allowed to advertise on billboards in Lake County, they will be forced to advertise on billboards outside of the County, and the money for advertising will go into other counties. Discussion occurred regarding the income derived from rental space for billboards.
Mr. Joe Watson, Real Estate Manager, State of Florida, Chancelor Media, appeared before the Board and stated that last year his company paid $68,000 to property owners for rental of land in Lake County for 100 sites. He stated that Chancelor Media owns property in Lake County, pays property taxes, and employs a large number of people who live in the County; therefore, there was a significant impact from their business. In response to a question presented by Commr. Swartz, Mr. Watson stated that the cost of a pole sign was approximately $70,000 and that he did not have information on what Chancelor Media pays in property taxes on their signs.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Cadwell noted that letters in opposition to the proposed off-site sign ordinance have been received over the last week from the following individuals: Mr. Phil Smith, Leesburg; Mr. Gary Morris, The Villages; Mr. Ronald Sonnenberg, Grand Island; Mr. Pete Zucarro, Shamrock Lounge and Package, Leesburg; Mr. Dave Wishneski, Mini Warehouse Park, Dona Vista. He noted that a letter was received from Mr. F. Louis Wolff requesting that the existing signs be grand fathered in, and a letter was received from Mr. Irvin Venzke in support of the off-site sign ordinance.
In response to a question presented by Commr. Cadwell, Mr. Minkoff explained that, if the State condemns property on a state or federal road in Lake County, the County would not have to pay compensation if the proposed ordinance states that Lake County will allow the sign to be replaced in accordance with the state guidelines. He noted that House Bill 591 would become effective June 1, 1999 if the bill is signed; however, there was no indication when the Governor might sign the bill.
Commr. Swartz expressed concern that the requirements that have been included in the draft ordinance could be inconsistent with House Bill 591 and there was no assurance that existing billboard companies or others who might buy out a billboard would comply by the requirements. He stated that he was extremely disappointed by the Lake County Legislative Delegation and noted that House Bill 591 exempts some jurisdictions due to existing litigation and allows them to continue to aggressively oppose billboards in their jurisdictions, and precludes other jurisdictions, such as Lake County, who want to control the proliferation of billboards. He explained that, if House Bill 591 is signed, the Board can evaluate the costs to the taxpayers and, if the County does not want to assume that cost, the Board can allow the billboard to be replaced under the Legislative guidelines. He explained that the three prong approach to bring Lake County back to being a wonderful, livable place to visit and to live includes an on-site sign ordinance, an amended landscaping ordinance, and an off-site sign ordinance. He stated that all three ordinances were critical and to omit one of those approaches would reduce the effectiveness of what the Board wanted to accomplish. He stated that he would support the ordinance, however, cautioned that the Board continue to review the ordinance in light of the Legislature's adoption of House Bill 591.
In response to a question presented by Commr. Hanson, Ms. Farrell informed the Board that the Florida Department of Transportation has indicated that, as of March 3, 1999, there were 543 billboards located on state roads in Lake County. She noted that there were five (5) municipalities that prohibit billboards.
Mr. Minkoff stated that the final public hearing on the off-site sign ordinance has tentatively been scheduled on June 1, 1999 at 5:05 p.m. or as soon thereafter.
Mr. Pool expressed concern that there was no provision for repair and maintenance of old billboards that will become dilapidated along the roadways.
Commr. Hanson stated that most of the billboards were within the municipalities, and on state roads which leads her to believe that the Board may be premature based on the possible adoption of House Bill 591. She expressed concern with the lack of ability to repair signs and to provide the owner the opportunity to come forward with more aesthetically pleasing signs. She stated that she would support consideration of the proposal presented by Mr. Crawford without the proposed pool which would reduce the number of billboards. She requested information on the number of billboards that would be affected by the proposed ordinance and stated that she was very interested in banning future billboards in the rural areas.
Commr. Cadwell stated that he would continue to support the off-site sign ordinance at this time; however, he would need to find a comfort level between now and the final public hearing regarding the proposed House Bill 591 legislation and how Lake County would deal with the legislation if it were to become law.
Mr. Minkoff clarified that Lake County Code regulations state that a non-conforming sign can be continued and maintained in good condition, and shall not be structurally or mechanically extended or change to expand the non-conformity, repaired or rebuilt when destroyed, or damaged to the extent of fifty (50%) percent or more of its replacement value.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve the ordinance amending the Lake County Land Development Regulations, Chapter II, Chapter XI, Off-Site Signs, as read on its first reading, by title only.
Under discussion, Commr. Hanson stated that she would continue to support the Ordinance, noting that the Legislature would probably clear up some of the issues and concerns of the Board, which can be addressed at the next public hearing.
Commr. Gerber questioned if the Board would have the ability to postpone the final public hearing on the off-site sign ordinance if the Board has not received a clarification or comfort level within the next two (2) weeks.
Mr. Minkoff stated that, if the Board was interested in including language in the Lake County Code such as was in House Bill 591, he would prefer to advertise the change as a separate ordinance which could be done on June 1, 1999.
Commr. Swartz stated that he was not prepared to support any portion of House Bill 591 and was prepared to find out if the legislation was a violation of the Constitution with regard to local and general bills. He stated that the Board could amend the off-site sign ordinance if the Board was convinced that it was necessary and the majority of the Board did not want to explore what it would cost to pay for sign removal.
The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.\
Commr. Pool declared a conflict of interest and abstained from voting.
RECESS & REASSEMBLY
At 12:25 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:45 a.m.
REPORTS
COUNTY ATTORNEY
AFFORDABLE HOUSING/RESOLUTIONS
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda discussion on the request to ratify issuance by the Orange County Housing Finance Authority of Single-Family Homeowner Revenue Bonds on behalf of Lake County.
Mr. Sandy Minkoff, County Attorney, informed the Board that this was a TEFRA Hearing for the approval and execution by the Board of the Authorizing Resolution to Ratify Issuance of the 1999 A Series Single-Family Homeowner Revenue Bonds on behalf of Lake County. He stated that these were Industrial Revenue Bonds and the funds were used to assist in the financing of purchases by first-time home buyers in Lake County, and there would be no fiscal impact to Lake County. It was noted that memorandums from Mr. W.D. Morris, Executive Director, Orange County Housing Finance Authority addressed to Ms. Sue Whittle, County Manager and the Board of County Commissioners, dated April 27, 1999; and to the Lake County Affordable Housing Council, dated May 5, 1999, had been distributed prior to the discussion this date.
Mr. Michael D. Smith, Director, Program Operations, Orange County Housing Finance Authority, appeared before the Board and explained that, on February 16, 1999, the Lake County Board of County Commissioners approved the issuance of tax exempt bonds to assist in the financing of purchases by single families for 1999. He explained that the approved authorizing resolution was subsequently used to issue the Authority's 1999 Draw Down Bond, therefore, requiring a new TEFRA hearing and authorizing resolution. He stated that he was confident that the changes that were being made would assure that Lake County would receive a larger share of the dollars. He stated that he foresees that Lake County will experience a dramatic increase in bond loan volume and an increase in lender participation could result in Lake County receiving a minimum of $10,000,000 for this year.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-91 approving the issuance of certain homeowner revenue bonds in one or more series to be issued by the Orange County Housing Finance Authority for the purpose of assisting in the financing of purchases by individual first-time homeowners of new or existing owner-occupied single family residences situated within Orange, Seminole, Osceola and Lake Counties.
Ms. Sue Whittle, County Manager, informed the Board that she has asked Mr. Minkoff and Mr. Fletcher Smith, Senior Director, Department of Community Services, to continue to look at this issue to assure that the County was doing the best thing for the future for Lake County. She stated that there were other options and those options would be reviewed and brought back to the Board for consideration.
COUNTY MANAGER'S BUSINESS
SOLID WASTE/REPORTS
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to provide an update on the hazardous waste disposal and mercury contamination at the Ogden Martin facility. He stated that, on May 13, 1999, the same truck number came into the Ogden Martin facility and again the initial indicating equipment determined that there were mercury vapors coming from that load of material, which resulted in the closing of outside waste for the evening. He stated that the County used their own hazardous waste contracting vendor, had samples taken on May 14, 1999, and the laboratory results indicated that the material was special but not considered hazardous waste under RICA as far as the amount of mercury contamination. He stated that Waste Management, Inc., locally Town & County Refuse, was notified to take ownership of the material on May 13, 1999 and to dispose of the material at an appropriate industrial landfill site.
Commr. Swartz stated that the requirement to put the mercury emission controls on the Ogden Martin plant were complied with and the County paid for those controls per the contract. He questioned why the emission control would not remove the level of mercury that was guaranteed as a part of the installation of the mercury emission controls.
Mr. Post explained that, if Ogden Martin had been operating at a higher level of carbon injection, they would not have exceeded the mercury emissions; however, they were operating at the level that they normally operate their plants nationwide. He stated that they have been asked why the plant in Lake County was not operating at a higher level since they were accepting medical waste, and it was of the County's opinion that they should have been operating the carbon injection level at a higher level.
Commr. Swartz questioned how Ogden Martin could be in compliance with the contract and the mercury emission standard. He stated that they are responsible for delivering a performance standard regarding mercury and it appears that did not occur.
Mr. Post stated that staff was trying to resolve that issue and were getting further information from the facility regarding why the County received a delay in notification.
PRESENTATION
GEOGRAPHIC INFORMATION SYSTEMS UPDATE
Ms. Kitty Cooper, Director, Geographic Information Systems, appeared before the Board and distributed a brochure titled Geographic Information Systems Spring Workshop 1999. Ms. Cooper expressed a special note of thanks to the Board and the County Manager for their support in keeping GIS on a unified tract to create a real county-side GIS. At this time, she discussed the following topics: GIS Accomplishments for 1998/99; Goals for 1999/2000 and goals for 2000/2001; Building Lake County's Geographic Information System; Structure Methodology, Timeline and Staffing; Uses; Tax Parcels and Uses; Tax Parcel Creation Information; Zoning; Road Layer (Street Centerlines); Address Ceocoding; Hydrology98; Wetlands 99 (pending interlocal with Lake County Water Authority); and Pilot Project.
Ms. Whittle stated that the progress that has been made in the GIS project has been remarkable, and the GIS System should be completed in approximately three (3) years.
No action was required at this time.
PERSONAL APPEARANCES/PUBLIC HEARINGS (CONTINUED)
PUBLIC HEARINGS
PLANNING/ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Land Development Regulations, Chapter 2, Sections 9.01.00, and 9.02.00 Landscape Standards and Tree Protection Ordinance, on the floor for its first reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER II, ENTITLED DEFINITIONS; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS REGARDING LANDSCAPE REQUIREMENTS AND TREE PROTECTION; AMENDING IN ITS ENTIRETY SECTION 9.01.00 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR LANDSCAPING INSTALLATION AND MAINTENANCE STANDARDS; PROVIDING FOR PLANT MATERIAL STANDARDS; PROVIDING FOR IRRIGATION REQUIREMENTS; PROVIDING FOR BUFFERING STANDARDS; PROVIDING FOR NATURAL VEGETATION CREDITS; PROVIDING REQUIREMENTS FOR LANDSCAPE PLAN APPROVAL; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; AMENDING IN ITS ENTIRETY SECTION 9.02.00 OF THE LAND DEVELOPMENT REGULATIONS; PROVIDING FOR PROTECTED TREES; PROVIDING FOR PROHIBITED TREES; PROVIDING FOR TREE REMOVAL PERMITS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR HISTORIC TREE DESIGNATION; PROVIDING FOR SPECIMEN TREE DESIGNATION; AMENDING SECTION 13.06.02 OF THE LAND DEVELOPMENT REGULATIONS REGARDING JURISDICTION OF THE CODE ENFORCEMENT BOARD OF LAKE COUNTY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
COMMISSIONERS
At 2:45 p.m., Commr. Cadwell departed the meeting.
PLANNING/ORDINANCES (CONTINUED)
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present the Landscape Standards and Tree Protection Ordinance and noted that Ms. Erin DeGutis, Planner III, Department of Growth Management, who has been very involved in drafting this amendment, was present today to address questions. She stated that staff has researched over twenty-six (26) ordinances, worked with seven (7) landscape architects, and visited several development products throughout Central Florida, and the draft before the Board, at this time, was based on that research and many of the concepts that were directed by the Board in August 1998. She expressed appreciation to Mr. Alan Heinrich, Cherry Lake Tree Farms; Mr. Charles Fedunak, Lake County Cooperative Extension Office ; Mr. Bob Hufstettler, Landscape Architect; Mr. Barry Rymer, Landscape Architect; Mr. Tim Green, Landscape Architect; and Mr. Paul Davis, Landscape Architect. She stated that the draft before the Board includes all of the edits from the Planning and Zoning Commission and the professionals; however, staff would like the Board to reconsider seven (7) of those changes and three (3) corrections. At this time, an executive summary of the changes made by the Planning and Zoning Commission was distributed to the Board. Ms. Farrell discussed the changes that were made by the Planning and Zoning Commission that staff would like for the Board to reconsider, as follows:
Page 4, Line 40-43 - 3. Canopy Trees, Ornamental Trees and Palms. The Planning and Zoning Commission recommended that canopy tree size be reduced from two (2) inch caliper to one (1) inch caliper and seven (7) gallon container or greater. Staff was recommending that canopy tree size be a two (2) inch caliper.
Page 9, Line 43-46 - Staff was recommending that Item a. 1 through 2 be changed to A minimum twenty (20) foot wide buffer is required along arterial roadways within Lake County.
Page 12, Line 16 - 4. Shrubs. The Planning and Zoning Commission recommended that the shrubs for a visual screen have an average height at time of planting of at least one (1) gallon. Staff was recommending that the average shrub height at time of planting be at least three (3) gallons.
Page 15, Line 27-29 - Item A. (3) - Staff was recommending that the following strike through language remain in the ordinance: Three (3) trees for each additional acre in excess of one (1) acre with a maximum required number not to exceed fifteen (15) trees for the total acreage.
Page 15, Line 37-39 - Item A. (6) - The Planning and Zoning Commission was recommending that citrus trees that are a minimum of one (1) inch caliper be counted as required trees for single family residences.
Page 46, Line 20 - 9.02.03 Removal of Trees Requires Permit - Item A. (2) - The Planning and Zoning Commission was recommending that each replacement tree be a minimum two (2) inch caliper. Staff's original and current recommendation was a three (3) inch caliper for replacement trees.
Page 48, Line 16 - 9.02.04 Exemptions to Tree Removal Requirements - Item B. - The Planning and Zoning Commission was recommending that all replacement trees be one (1) inch caliper. Staff was recommending that all replacement trees shall be at least two (2) to two and one half (2 � ) inch caliper, Florida number 1 grade or better.
Page 48, Line 29 - 9.02.04 Exemptions to Tree Removal Requirements - Item D. - The Planning and Zoning Commission was recommending that trees less than six (6) inch caliper, unless a wetland tree or a tree that is part of a Sand Pine (Scrub) or Xeric Oak community be exempted. Staff was recommending that Trees less than four (4) inch caliper, unless a wetland tree or a tree that is part of a Sand Pine (Scrub) or Xeric Oak community be exempt.
Page 51, Line 37-38 - 9. Replacement size. - The Planning and Zoning Commission was recommending that a replacement tree be an approved tree at least one (1) inch caliper. Staff was recommending that a replacement tree shall be an approved tree at least two (2) to two and one half (2 �) inch caliper, Florida number 1 grade or better.
Ms. Farrell stated that staff will insert back into the draft ordinance, under Section 9.02.08, language that states that if there was an expansion of 25% or more they shall come up to current code.
At this time, discussion occurred regarding the above noted language. In response to a question presented by Commr. Pool, Ms. Farrell explained that there was a $75 fee for a tree removal permit for an unlimited number of trees and that staff visually investigates the tree to be removed. Commr. Pool expressed concern that there was a fee for removal of a dead tree, at which time, Ms. Farrell stated that staff would review this issue.
Commr. Swartz directed the Board's attention to Page 11, Line 5 - 8, Item b. and requested clarification as to why the buffer requirement was changed from twenty (20) feet in width to ten (10) feet in width for the requirement that new single family and multi family residential development of more than twenty (20) units provide a landscape buffer along the length of the development between the structure and all rights-of-way.
Ms. Erin DeGutis, Engineer III, Department of Growth Management, explained that a ten (10) foot buffer accomplishes the same as a twenty (20) foot buffer and reduces the amount of plantings, reduces maintenance of that buffer, and provides a more compact buffer as opposed to having a wider buffer.
Commr. Swartz responded that a twenty (20) foot buffer was not too large if a development of twenty (20) units was being considered a larger development.
COMMISSIONERS
At 3:15 p.m., Commr. Cadwell returned to the meeting.
PLANNING/ORDINANCES (CONTINUED)
Commr. Swartz requested clarification to language on Page 11, Line 24-26, 3. Trees; at which time, Ms. Farrell explained that there was discussion among the landscape architects as to the survival rate and the design ability of canopy trees, and the option of three (3) canopy trees or five (5) under story or ornamental trees provides more flexibility in design and provides for better management of the buffer. Commr. Swartz directed the Board's attention to the chart on Page 9, Item B. (2) and stated that Buffer Type A and Buffer Type B allow for one or the other as opposed to canopy trees and ornamentals, and Buffer Type C and Buffer Type D has been reduced down to a minimum of twenty (20) feet or thirty (30) feet. Ms. Farrell responded that there was an inconsistency and staff would insert language which states twenty (20) feet with the exception of those properties that fall under Buffer Type D.
Commr. Swartz stated that it was his goal to create a canopy tree effect between the residential, commercial, industrial or other land use properties and the street rights-of-way, and the canopy effect would not be created by using ornamentals. He stated that he would not have a problem with allowing ornamentals to be planted in those landscape buffers that are not along those rights-of-way. He stated that the current language addresses buffering between zoning types but does not necessarily address the type of buffering and landscaping that he had in mind along rights-of-way.
Ms. Farrell noted that language, under Section B. Item 2, would be amended to address buffering along the rights-of-way.
Commr. Swartz expressed concern that, under Section 9.01.05, Item A. 6., citrus trees were listed as an allowable tree under the minimum requirement for a single family residence. He stated that citrus trees were not considered to be satisfactory for the minimum requirements for trees when the landscape ordinance was adopted in 1990 and should not count as a requirement in the new ordinance.
Commr. Cadwell expressed concern that, in some instances, a mature citrus tree may have to be removed to allow for space to meet the minimum tree requirement if the citrus tree cannot be counted as an allowable tree.
Commr. Swartz expressed concern with the requirement, under Section 9.02.03, Item A. (2) (a), of a two (2) inch caliper minimum replacement tree size.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Ms. Jean Kaminski, Executive Director, Home Builders Association of Lake County, appeared before the Board and requested that the Board approve the changes that were made by the Planning and Zoning Commission, noting that she was very comfortable with the changes made by the landscape architects that were involved in drafting the ordinance.
There being no further public comment, the public hearing portion of the meeting was closed.
At this time, the Board reviewed the proposed recommended changes that have been presented by staff and the Board to the Landscape Standards and Tree Protection Ordinance.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried by a 4 - 1 vote, the Board approved the following changes to the Landscape Standards and Tree Protection Ordinance.
Page 4, Line 40 - change "one (1) inch caliper"to two (2) inch caliper.
Page 9, Line 43 - change "the following rights-of-way" to arterial roadways within Lake County with the exception of those uses which would fall under Buffer Type D.
Page 12, Line 16 - change "one (1) gallon to three (3) gallon.
Page 15, Line 27-29 - insert strike through Three (3) trees for each additional acre in excess of one acre with a maximum required number not to exceed fifteen (15) trees for the total acreage.
Page 46, Line 20 - change "two (2) inch" to three (3) inch.
Page 48, Line 16 - change "one (1)" to at least two (2) to two and one half (2 �).
Page 48, Line 29 - change "six (6)" to four (4).
Page 51, Line 37-38 - change "one (1) inch" to two (2) to two and one half (2 �).
Commr. Pool voted in opposition.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following changes on Page 9, Section B. (2):
Buffer Type A - change "OR" to AND; change "2" to 2.
Buffer Type B - change "OR" to AND; change "6" to 3.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried by a 3 - 2 vote, the Board approved to delete the following language under Section 9.01.05, Item A. (6):
Page 15, Line 37-39 - "Citrus trees (Citrus Spp.) that are a minimum of one (1) inch caliper and seven (7) gallons may be used to fulfill the minimum tree requirement for single family residences."
Commr. Hanson and Commr. Pool voted in opposition.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve the the Ordinance amending the Land Development Regulations, Sections 9.01.00 and 9.02.00 (Landscape Standards and Tree Protection), as read on its first reading, by title only, as amended.
Under discussion, Commr. Pool stated that he was very supportive of the Ordinance and what the Board was trying to accomplish; however, the Planning and Zoning Commission and the landscape architects have worked very hard on the draft ordinance which was why he voted in opposition to the previous motions.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Lake County Code, Appendix E., Land Development Regulations, Section 3.13.00 Wireless Antennas, Towers, and Equipment Facilities, Section 3.13.07 Setbacks, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER III, ZONING DISTRICT REGULATIONS, SECTION 3.13.07 - SETBACKS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board and stated that the Planning and Zoning Commission had no objection to the setback of one hundred (100) feet from the property line; however, they were not comfortable with the requirement that the tower be centered within the boundaries of the property. She stated that the Planning and Zoning Commission voted against the amendment.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1999-59, an Ordinance amending the Lake County Code, Appendix E, Land Development Regulations, Section 3.13.00 Wireless Antennas, Towers, and Equipment Facilities, Section 3.13.07 Setbacks, as read on its final reading, by title only.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, creating Article XI of Chapter 13, Lake County Code, Merchandising of Tobacco Products, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE XI OF CHAPTER 13, LAKE COUNTY CODE, TO BE ENTITLED MERCHANDISING OF TOBACCO PRODUCTS; PROHIBITING PLACEMENT OF TOBACCO PRODUCTS IN SELF-SERVICE DISPLAYS ACCESSIBLE TO MINORS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
At this time, Comr. Cadwell opened the public hearing portion of the meeting.
Mr. Bob Taylor, Chairman, Lake County Tobacco Free Partnership, appeared before the Board in support of the Merchandising of Tobacco Products Ordinance.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve Ordinance No. 1999-60, an Ordinance creating Article XI of Chapter 13, Lake County Code, to be entitled Merchandising of Tobacco Products, as read on its final reading, by title only.
Mr. Minkoff stated that Ordinance No. 1999-60 will become effective immediately upon filing with the Department of State. He stated that the provisions of this ordinance will be enforced by the Lake County Code Enforcement Board, and the SWAT Team will distribute notices during the next two (2) months as notification as opposed to immediate enforcement.
Commr. Hanson requested that the SWAT Team also work in partnership with the sale of alcohol notices.
Commr. Pool encouraged the SWAT Team to not only work within the unincorporated area of the County but also in the municipalities to encourage adoption of a similar ordinance by the municipalities.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to present questions, comments or concerns to the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Ms. Sue Whittle, County Manager, presented this request.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and signature on the Second Amendment to the Funding Agreement between the St. Johns River Water Management District, Lake County, and the Oklawaha Basin Recreation and Water Conservation and Control Authority for the Phase I Construction of the Lake Apopka Marsh Flow-Way Project - Contract #97W132.
ACCOUNTS ALLOWED/RESOLUTIONS/ROAD PROJECTS
RIGHTS-OF-WAY, ROADS & EASEMENTS
Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board and explained that this request was to proceed with the acquisition of right-of-way on two (2) parcels along Robbins Road in relation to the Robbins Road Paving Project. He noted that this was a precedent setting right-of-way acquisition issue.
Mr. Sandy Minkoff, County Attorney, requested authorization to offer up to twenty (20%) percent higher than the appraised value in this case to avoid litigation cost.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1999-89 to initiate eminent domain proceedings for right-of-way on two parcels located along Robbins Road in relation to the Robbins Road Paving Project located in Sections 4 and 9, Township 21 South, Range 26 East, Lake County, Florida; and authorization for the County Attorney to offer up to twenty (20%) percent higher than the appraised value.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
MUNICIPALITIES
Mr. Jim Stivender, Jr., Senior Director, Department of Growth Management, appeared before the Board to present the request for approval of First Amendment to Interlocal Agreement between Lake County and the City of Leesburg relating to Funding Improvements at the Leesburg Regional Airport from the County Transportation Trust Fund for Fiscal Year 1998/1999. He explained that this request was to amend the current agreement to include the previously approved navigational aids, in the amount of $10,498.38, which represents the County's final payment on this item.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4 - 1 vote, the Board approved the request for approval of First Amendment to Interlocal Agreements between Lake County and the City of Leesburg relating to funding Improvements at the Leesburg Regional Airport from the County Transportation Trust Fund for Fiscal Year 1998/1999 to include the previously approved navigational aids in the amount of $10,498.38.
Commr. Gerber voted in opposition.
Commr. Cadwell noted that Mr. Stivender and he would be attending a City of Leesburg City Commission Workshop, on May 20, 1999, to discuss the main street project.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS
Commr. Swartz clarified that this request was for the purpose of restating a previous motion made at the Board Meeting on May 4, 1999.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to move Judge T. Michael Johnson from an at-large position on the Citizens Commission for Children to the District 5 position for a term ending May 14, 2001; and to move Beth Ann Scovil Moore from the District 5 position to the at-large position held by Judge Johnson to complete a term ending May 14, 2000.
APPOINTMENTS-RESIGNATIONS
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Ms. Loretta Lynn to the vacant At-Large Seat 1 on the Lake County Library Board to complete a term ending October 1, 1999 and to serve a consecutive three-year term ending October 1, 2002.
APPOINTMENTS-RESIGNATIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1999-90 appointing Ms. Maria Lou Gutierrez as the USDA Rural Development Representative on the Affordable Housing Advisory Committee to complete a term ending November 24, 2001.
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented this request.
Commr. Hanson declared a conflict of interest due to the fact that her real estate office has a pending real estate contract closing dependent upon the release of this lien. A conflict of interest form was filed with the Clerk's Office.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 4 - 0 vote, the Board approved the request for approval and execution of Release of Lien for Marshall H. Gaard and Betty Gaard, in the amount of $4,250.00.
Commr. Hanson declared a conflict of interest and abstained from voting.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, presented the request for permission to advertise an ordinance relating to Adult Entertainment and an ordinance relating to Public Nudity.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve to advertise an ordinance relating to Adult Entertainment; and to advertise an ordinance relating to Public Nudity.
Commr. Swartz stated that these were extremely comprehensive ordinances, and it appears at times in the ordinances that the County was making adult entertainment and public nudity allowable as opposed to trying to be as restrictive as possible. He questioned if these ordinances were as restrictive on the issues as was current constitutional law.
Mr. Minkoff responded that the nudity ordinance was as restrictive, and the adult entertainment ordinance has been modeled after Orange County's code which was one of the strictest in the state.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
MEETINGS/VALUE ADJUSTMENT BOARD
Mr. Sandy Minkoff, County Attorney, informed the Board that the Property Appraiser has recommended that the Value Adjustment Board Hearings be scheduled on August 12-13, 1999 for agriculture and all exemptions, and on September 29-30, 1999 and October 1, 1999 for appeal of assessments. It was the consensus of the Board to hold the Value Adjustment Board Hearings on the above noted dates.
COUNTY MANAGER
MEETINGS
Ms. Sue Whittle, County Manager, informed that the Board that staff has tentatively scheduled a work session, at the Board's request, on water conservation for June 8, 1999. She stated that due to the numerous other meetings that have been scheduled through the months of June, July, and August, it would be the recommendation of staff that the work session be rescheduled in September.
It was the consensus of the Board to schedule the work session on water conservation no later than late August or early September.
COMMISSIONER POOL - DISTRICT NO. 2
Commr. Pool expressed his appreciation to Mr. Fred Schneider, Engineering Director, Department of Public Works, and staff for holding the South Lake Trail Alignment Meeting, on May 11, 1999, at the First United Methodist Church.
Commr. Pool informed the Board that, on May 17, 1999, he attended a Call To Action Learning For Leaders summit on pregnancy prevention given by Mr. Tom Gallagher. He stated that every 26 seconds in America a young teenager becomes pregnant and there were 25,000 teenager births in Florida in 1997. He stated that people of leadership positions have to work very hard as mentors to try to help this situation in Florida.
ADDENDUM NO. 1
REPORTS
COMMISSIONER HANSON - DISTRICT 4
Commr. Hanson brought up for discussion approval for the Chairman to send a letter to State Representatives urging them to support H.R. 1190, an interstate waste bill that also includes a title on waste flow control. She noted that H.R. 1190 may be more restrictive to Lake County than what might be appropriate for the County in the future. She requested that the County Attorney review this issue.
Commr. Hanson presented the request for approval and execution of a resolution relating to fees to be charged by the Lake County Health Department, Environmental Health Section, for the administration of construction of water wells less than six inches in diameter within the geographical boundaries of Lake County, Florida, except potable wells within Chapter 62-524, F.A.C., Delineated Area. It was the consensus of the Board to bring back the resolution as an agenda item on the June 1, 1999 meeting.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:20 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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