The Lake County Board of County Commissioners met in regular session on Tuesday, November 28, 2000, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that there was one Addendum to the agenda for today.
Commr. Hanson stated that she would like to ask the Board change its legislative package, in regards to the Astor sewer plant. She stated that a request was made for $4 million, and she would like the amount changed to $6.5 million. She requested that this item be placed on the agenda under her business.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to add the request, as stated above, to the agenda, under Commissioner Hanson's business, for Board action.
MINUTE APPROVAL
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 17, 2000, Regular Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 24, 2000, Regular Meeting, as presented.
PUBLIC HEARINGS - VACATIONS
PETITION NO. 939 - WILLIAM AND ADDIE EDWARDS - LADY LAKE
COMMISSION DISTRICT 5
Mr. Jim Stivender, Senior Director, Public Works, addressed the Board and stated that this is a request to vacate public right-of-way recorded in S18, T18, R24E located in the Lady Lake Area, Commission District 5. Mr. Stivender stated that this was the legal access to the property owned by the Town of Lady Lake. He explained that Rolling Acres Road has been built along the east boundary, which now gives them public access to a city maintained paved road. Mr. Stivender stated that the Edwards would now like to vacate the easement along their property boundary. He explained that the Town of Lady Lake and the Edwards were working together on some issues about improving access to the site from the road, but apparently those issues have not been totally resolved. Mr. Stivender stated that, as of yesterday, he received a letter from the Town of Lady Lake requesting a 60 day postponement, so they can work out permitting associated with the access. He stated that staff is recommending approval of the request for vacation, and they do not see any public purpose for the right-of-way at this time, since there is adequate access along the east boundary of Town of Lady Lake property. He noted that the letter states "the Town is in process of permitting and authorization for construction of a replacement access drive off Rolling Acres Road." Mr. Stivender stated that, from a legal standpoint, they have plenty of access, and this does not serve their needs for an access point.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.
Mr. William Edwards, applicant, addressed the Board and stated that this was the first time that he had heard of a request for postponement from the Town of Lady Lake. Mr. Edwards stated that he discussed the driveway issue with them, before they put in the road, but it seems that they are trying to delay the process.
Commr. Cadwell stated that the Town of Lady Lake is asking for a 60 day postponement, and he asked Mr. Edwards if he would have a problem with 30 days to get them to proceed.
Mr. Edward stated that 30 days would be fine.
Commr. Cadwell stated that this request was in his district, and he would appreciate a motion that would allow the Town of Lady Lake 30 days, until December 19, 2000, to address the access.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to postpone Petition No. 939 by William and Addie Edwards to vacate public right-of-way recorded in S18, T18, R24E located in the Lady lake Area - Commission District 5, until December 19, 2000, to allow the Town of Lady Lake to address their access.
PUBLIC HEARINGS - REZONINGS
CASE #47-00-5 - PHILIP MASTRISOME - R-1 TO A - TRACKING #96-00-Z
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for rezoning from R-1 (Rural Residential) to A (Agriculture) to allow for those uses permitted in the agricultural zoning district and stated that there is no opposition to the request. Ms. Farrell stated that the Planning and Zoning Commission, and staff, were recommending approval of the request.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present in audience.
There being no one present who wished to speak in opposition to the request, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that the request is in his district, and he would appreciate a motion for approval.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case #47-00-5, Philip Mastrisome, Tracking #96-00-Z, the request for rezoning from R-1 (Rural Residential) to A (Agriculture) to allow for those uses permitted in the Agricultural zoning district, Ordinance 2000-108.
REZONINGS
Ms. Sharon Farrell, Senior Director, Department of Growth Management, informed the Board that there was no opposition to any of the cases scheduled for today, and staff was recommending approval on all of them.
CASE PH#48-00-5 - DOROTHY LUCAS (LESLIE CAMPIONE) - A TO R-2
TRACKING #88-00-Z
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for rezoning from A (Agriculture) to R-2 (Estate Residential) and stated that it is in the Altoona area, and it meets the County's Comprehensive Plan and Land Development Regulations (LDRs). Ms. Farrell stated that the applicant is going to split the property, for less than one dwelling unit per acre, and staff is recommending approval.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present in the audience.
There being no one present who wished to speak in opposition to the request, the public hearing portion of the meeting was closed.
Commr. Cadwell stated that the request is in his district, and he would appreciate a motion for approval.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#48-00-5, Dorothy Lucas, Tracking #88-00-Z, a request for rezoning from A (Agriculture) to R-2 (Estate Residential), Ordinance 2000-109.
CASE PH#49-00-3 - RICHARD GERMEROTH - AMENDMENT TO CP ORDINANCE #11-93 - TRACKING #90-00-CP/AMD
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for an amendment to CP Ordinance #11-93 to add commercial uses and stated that staff would like to clarify that the applicant would also like to do "automobile rentals", not "sales". She explained that the Ordinance addresses the questions that came up at the Planning and Zoning Commission meeting, and staff is recommending approval of the request. Ms. Farrell noted that staff can add the language for the "rentals only of automobiles" in the Ordinance on Page 2.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present in the audience.
There being no one present who wished to speak in opposition to the request, the public hearing portion of the meeting was closed.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#49-00-3, Richard Germeroth, Tracking #90-00-CP/AMD, a request for an amendment to CP Ordinance #11-93 to add the following commercial uses: professional offices, personal care services, general retail, consumer services and repair, Ordinance 2000-110, with the addition of rental of cars.
CASE CUP#00/11/1-4 - RAY & NOVINA CABANAS - NEXTEL - CHERYL PENCE
A TO A-1-20 - TRACKING #93-00-CUP
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for rezoning from A (Agriculture) to A-1-20 (Wekiva River Protection Area - Overlay District #2) for a Conditional Use Permit (CUP) to allow for the placement of a 199-foot monopole telecommunications tower on a lease parcel within an overall 6.7 acre parcel. Ms. Farrell stated that the applicants will need some variances, and they will go to the Board of Adjustments next month. She further stated that there was no opposition to the request, it was approved with a waiver to the landscape requirement, because there is buffering in place, and the Ordinance covers all other conditions of the request.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicants were present in the audience.
There being no one present who wished to speak in opposition to the request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case CUP#00/11/1-4, Ray and Novina Cabanas, Nextel - Cheryl Pence, Tracking #93-00-CUP, a request for rezoning from A (Agriculture) to A-1-20 (Wekiva River Protection Area - Overlay District #2) for a Conditional Use Permit (CUP) to allow for the placement of a 199-foot monopole telecommunications tower on a lease parcel within an overall 6.7 acre parcel, and a waiver to the landscape buffer requirement, Ordinance 2000-111.
Ms. Cheryl Pence, Attorney and Planner, addressed the Board and stated that they have offered to do a radio frequency workshop with the Board, and that offer is still open. Ms. Pence stated that the Chairman has suggested that it may be better to do it after the first of the year.
CASE CUP#00/11/2-3 - HAMMOCK CITRUS - ROGER SIMPSON, III, A T & T
WIRELESS - CUP IN A - TRACKING #94-00-CUP
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for a CUP in A (Agriculture) for the placement of a 200-foot monopole tower with equipment shelter and ancillary facilities and stated that there was no opposition to the request. The Planning and Zoning Commission approved it 7 to 1, with a waiver to the landscape requirement, and the City of Tavares is aware of the location of the tower. She noted that the tower will be located in a grove, and language was not added to this particular case, for them to go back and landscape it, if something happens to the grove.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present in the audience.
There being no one present who wished to speak in opposition to the request, the public hearing portion of the meeting was closed.
Commr. Stivender stated that the Chairman brought up a good issue about the trees, because of past freezes that have destroyed groves. She questioned whether the person who is purchasing the property would do the landscaping around it, if this should occur.
Mr. John Veldhuis, Lake Region Packing and Hammock Citrus Corporation, addressed the Board and stated that he would have no problem with the additional language being proposed for the landscaping.
Mr. Roger Simpson, Zoning Manager, stated that staff did make this recommendation in their staff report, as follows: Staff can support the requested waiver with the condition that all required buffering be met should the grove operation ever cease or residential development occur to the south of the site; whichever should occur first. Mr. Simpson stated that he had no objection the language being added to the Ordinance.
Ms. Farrell clarified that the language was reflected in the staff report, and it will need to be added to the Ordinance.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case CUP#00/11/2-3, Hammock Citrus, Roger Simpson, III, A T & T Wireless, Tracking #94-00-CUP, a request for a CUP in A (Agriculture) for placement of a 200-foot monopole tower with equipment shelter and ancillary facilities, Ordinance 2000-112, with the following stipulation: Staff can support the requested waiver with the condition that all required buffering be met should the grove operation ever cease or residential development occur to the south of the site; whichever should occur first.
CASE CUP#00/10/1-2 - CLYDE & GWEN PURYEAR AND MARIE ROBERTS
CLEAR LAKE ESTATES - CUP IN A - STEVEN J. RICHEY, ESQUIRE
TRACKING #81-00-CUP
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for a CUP in A (Agriculture) to allow for a caretaker's residence, barn and the keeping of limited captive wildlife/captive animals, on a 121 acre site, and stated that there was no opposition to the request. Ms. Farrell noted that the Ordinance reflects precautions and conditions and staff is recommending approval.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.
Mr. Steve Richey, Attorney representing the applicant, addressed the Board and showed them one of the animals that will be kept on the site.
Ms. Farrell explained that staff has spent a lot of time on this case, to get a complete understanding of the request, and the Ordinance covers all of their concerns.
There being no one present who wished to speak in opposition to the request, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case CUP#00/10/1-2, Clyde and Gwen Puryear and Marie Roberts, Clear Lake Estates, Steven J. Richey, Esquire, Tracking #81-00-CUP, a request for a CUP in A (Agriculture) to allow for a caretaker's residence, barn and the keeping of limited captive wildlife/captive animals, Ordinance 2000-113.
CASE PH#51-00-2 - SCHOOL BOARD OF LAKE COUNTY - R-6 TO CFD
TRACKING#95-00-CFD
Ms. Sharon Farrell, Senior Director, Department of Growth Management, explained the request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for the construction of a public school on a little over 91 acres in the Clermont area, for a high school. Ms. Farrell noted that Mr. Fred Morrison was present for the School Board presentation, and staff was recommending approval. Ms. Farrell stated that there was no opposition, it was approved at the Planning and Zoning Commission meeting, and the Ordinance covers any questions that came up at that meeting. She stated that staff will be working with the School Board through the site plan process.
Commr. Cadwell stated that the Board needs to disclose that it has talked about this piece of property, since the Board approved a road to go to the site, and that this will not affect their ability to rezone it.
Mr. Sandy Minkoff, County Attorney, explained that the County has not spent too much money building the road, but basically just for the right-of-way acquisition at this point
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that no one present wished to speak in opposition to the request.
Mr. Fred Morrison, Attorney representing the applicant, stated that they have reviewed the comments of staff in the proposed Ordinance, and they agree with them.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#51-00-2, School Board of Lake County, Tracking #95-00-CFD, a request for rezoning from R-6 (Urban Residential) to CFD (Community Facility District) for the construction of a public school, Ordinance 2000-114.
AGENDA
Commr. Cadwell noted that the Addendum to the agenda has Mr. Ed Havill, Property Appraiser, scheduled to appear at 11 a.m. He requested that staff contact Mr. Havill's office, to see if it would meet his schedule, if the Board reconvenes at 9:45 a.m.
REPORTS - COMMISSIONER POOL - DISTRICT #2
RIGHTS-OF-WAY, ROADS & EASEMENTS
Commr. Pool extended his appreciation to staff for all of their efforts in trying to acquire rights-of-way and stated that he feels staff has done a fine job in trying to acquire them and working with the landowners.
REPORTS - COMMISSION HANSON - DISTRICT #4
LEGISLATURE/ASTOR-ASTOR PARK
Commr. Hanson explained that she had added under her business a request to amend the Board's request to the Legislature, in regards to the Astor sewer system, from $4 million to $6.5 million.
Commr. Hanson made a motion to amend the Board's request to the Legislature, for the Astor-Astor Park Water Association, from $4 million to $6.5 million.
Commr. Pool seconded the motion for discussion and questioned whether the Association had recognized a shortfall.
Mr. Jim Stivender, Senior Director, Public Works, addressed the Board and stated that the Department of Environmental Protection (DEP) was looking for some numbers, and this was an opportunity to try and budget money that did not get budgeted last year, and to add them together to get the $6.5 million.
Mr. Alvin Jackson, Deputy County Manager, addressed the Board and stated that staff is of the understanding that the $4 million will be coming from General Appropriation. He stated that staff was trying to understand whether or not the additional dollars being requested by the DEP will be in the DEP budget, to be utilized as a grant, or as part of the General Appropriation. Mr. Jackson explained that conceivably they can get the $2.5 million up, and then apply for the DEP dollars. He further explained that, in their initial request to the Legislature, they requested $4 million, and Senator Cowin is committed to getting about $2.5 million.
Commr. Cadwell suggested that the Board amend the motion to make a request to support the efforts by the Astor-Astor Park Association in obtaining funding from the State, for the total dollars to be established.
Commr. Hanson amended her motion, and Commr. Pool amended his second to the motion, to approve a request to support the efforts by the Astor-Astor Park Association in obtaining funding from the State, for the total dollars established.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
COMMISSIONERS/MEETINGS
The Chairman reminded the Board that the Board Retreat will be held on Friday, December 1, 2000, at River Forest Campgrounds, beginning at 9 a.m.
RECESS & REASSEMBLY
At 9:25 a.m., the Chairman announced that the Board would recess and reconvene at 9:45 a.m., for the public appearance by Mr. Ed Havill, Property Appraiser.
PUBLIC APPEARANCES
PROPERTY APPRAISER/SUITS AFFECTING THE COUNTY
Mr. Ed Havill, Property Appraiser, addressed the Board and stated that he would like to discuss a subject that he felt can save the taxpayers some money, and he would like the Board to get involved in it. Mr. Havill stated that he currently has a lawsuit with the Lake County Water Authority, over the improvements at Hickory Point. Under Florida laws and court cases, there are basically two ways to escape taxation in Florida, one is to be immune from taxes, and the other is the exemption category. He stated that, under the governmental exemption, he has to look at use and ownership. Mr. Havill stated that there is a dispute between his office and the Lake County Water Authority over the fact that the improvements at Hickory Point were made with public monies, and those improvement are taxable. He noted that the land is exempt and should be exempt. Mr. Havill stated that he was forced to file a lawsuit, based on a couple of court cases. He noted that the Value Adjustment Board overruled him last year, and this year, and therefore, the court cases were filed. Mr. Havill explained that the court case was originally brought to him by one of the reporters in the County who wanted him to tax the amenities in the Villages, and it is the Property Appraiser's legal opinion that the improvements are taxable at Hickory Point. He stated that he would be willing to drop the case, if the County Commission would agree to have a representative of the Commission, one of the Commissioners, or somebody from the County Attorney's Office, contact the newly elected members of the Water Authority to see if they would be willing to change the title from Lake County Water Authority to Lake County Commission. It would then be a moot point, he would drop the lawsuit, and it would save the taxpayers money on both sides of this issue. Mr. Havill explained that there would still be the amenities, but there would be government ownership of the property, and he would not have to carry this case any further. He was asking whether the County Commission would be willing to negotiate talking to the Water Authority to see if this would be feasible. Mr. Havill stated that he would be more than happy to be personally involved in the negotiations. He explained that, once an issue is brought to him, he is constitutionally obligated to look into it.
Commr. Cadwell stated that the VAB overturned the Property Appraiser's decision in the Water Authority case, and the Property Appraiser has the option to go to court. He stated that last year, when the VAB overturned his decision, he did not go to court.
Mr. Havill explained that his attorneys are advising him that they are legally on stronger ground than where they were last year, and the law has to be tested. The initial papers have been filed, and they will continue with the case, because there are similar situations around the State that it will affect.
Commr. Hanson stated that this is a great idea, and she believes that she suggested this when the VAB met. She knows that there is some sentiment on the Water Authority, and from her perspective, this is the way to go. She stated that the County has staff, and its Parks and Recreation Department, to take care of the maintenance. She felt that the Board should certainly look into it.
Commr. Cadwell stated that the only thing that he would like to do, in the mean time, is have staff look at what they anticipate the cost to be to maintain Hickory Point, because the level of maintenance there is probably higher than most of the County parks, because of the facilities, so there will be some costs involved. He did think that the Water Authority should know that the Board is willing to look at this issue.
Mr. Havill stated that this issue needs to be opened up between these two agencies and his office to be able to reconcile this lawsuit.
Commr. Cadwell suggested that the Board make a motion to contact the Water Authority to see if there is any interest in working out some kind of deal with the County, in regards to title, and get an analysis of what it would cost the County to maintain it.
Commr. Hanson made a motion, which was seconded by Commr. Pool, to have the Board contact the Water Authority and see if there is any interest in working out some type of deal with the County, in regards to title of Hickory Point, along with an analysis by staff of what the Board would anticipate it would cost for the County to maintain Hickory Point
Under discussion, Commr. Pool stated that it was important to understand that Mr. Havill has a responsibility, and while he may not like what he has to do, when it is brought to his attention, he does not have many options. He stated that the Board obviously needs to investigate the expenses and costs involved, and to know that the Water Authority members may not accept this option, but it is a good opportunity to work together. Commr. Pool stated that he appreciates Mr. Havill trying to help find a solution to this problem.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 9:55 a.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/11-28-00/11-28-00