The Lake County Board of County Commissioners met in regular session on Tuesday, February 6, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Thomas J. Windram; Richard Swartz; C. W. "Chick" Gregg ; and Don Bailey. Others present were: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Al Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.
Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
It was the consensus of the Board to postpone action on the Minutes of January 16, 1990, until they could be reviewed.
At this time, Commr. Bakich presented a resolution and plaque to Mr. Jay M. Vander Meer, in appreciation for his twenty-two years of service to the Lake County Planning and Zoning Commission.
Commr. Bakich continued to present plaques to the following individuals:
Employee of the Month for January
Patricia T. Abel - Contract Specialist - Purchasing Department
Ten Years Service
Gwendolyn A. Benton - Personnel Officer - Personnel Department
William Todd - Training Specialist I - Private Industry Council
Five Years Service
Olivia Coffie - Custodial Worker - Custodial Department
Lynda P. Walter - Health Service Specialist II - Health & General Services
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Payment of Warrant #116521 through Warrant #117052, for the following accounts:
Paisley Fire District Landfills
Mt. Plymouth fire District Countywide Library
South Lake Fire District County Transportation Trust
General Revenue Aquatic Weed
Countywide Fire District Fine & Forteiture
Bassville Fire District Private Industry Council
Mosquito Control Northwest Fire District
Pasco Fire District Road Impact
Animal Shelter Trust Fund Emergency 911 Fund
Section 8 Capital Outlay
Northeast Hospital Revenue Sharing
Insurance Fund Northeast Ambulance
Bonds - Contractor
4249-90 Robert W. Merritt
4427-89 Dearing Builders, Inc.
4714-89 Myron D. Deetz d/b/a Smith's A/C & Electric
1335-90 Robert R. Rothlein d/b/a Unit Contracting Corp. (General)
1483-90 Rita Henry (Class C Building)
1703-90 Linda E. Yeater (Residential Building)
3084-90 Robert E. Baamlett d/b/a Bramlett Electric, Inc. (Elec.)
4117-90 Donald W. Heard (Electrical)
4306-90 Arthur B. Hosch d/b/a Trio Engineering, Inc. (Mechanical Class A)
4376-90 Osceola Aluminum Inc. (Screen Enclosure Installations)
4629-90 Ivan Lee Hill d/b/a Fix-All (Residential/Specialty)
4697-90 JLB Electric, Inc. (Electrical)
4801-90 William R. Ferguson, Master Plumber for B & B Plumbing & Septic Services Inc. (Plumbing)
4802-90 William Terry Reed d/b/a Reed Construction (Residential)
4803-90 Robert M. Adams (Electrical)
4804-90 James W. Chaffee d/b/a Owens Electric Company The O-Team, Inc. (Electrical)
4805-90 John E. Louree d/b/a Louree Homes (Residential)
4806-90 James S. White (Plumbing)
4807-90 Donald Allen Friddle (Residential Contractor)
4808-90 Edward G. Checefsky d/b/a Ski's Plumbing Services (Plumbing)
4809-90 Chet R. Block d/b/a Orlando Roofing Center, Inc. (Roofing)
4810-90 Bruce Thompson (Residential)
4811-90 Brian P. Cota d/b/a Cota Electric (Electrical Contractor)
4812-90 Richard E. Oswalt, Jr.
4813-90 William G. Varney (Building Contractor)
4814-90 Scott Eric VanNys (Plumbing)
Satisfaction of Judgment foe Juan Sanchez, Juvenile, Lupe Sanchez, Parent - Case No. 89-1186-CJ, in the amount of $50.00.
Acknowledged receipt of the three originally signed copies of the application for the Federal Fiscal Year 1990 Community Services Block Grant for the summer Latch Key Program for low income families received from the City of Eustis.
Contracts, Leases & Agreements/Municipalities/State Agencies
Acknowledged receipt of the copy of the interagency agreement between the City of Eustis and the State of Florida, Commission on Human Relations, which is being forwarded from the City of Eustis for filing, in accordance with Florida Statutes 163.01 (11).
Commr. Swartz discussed the budgeting errors on Voting Machines of the Supervisor of Elections, and questioned whether or not there is a lease for the equipment.
Mr. Jim Schuster, Finance Director, stated that the Certificate of Indebtedness is in the office of the County Attorney, Ms. Annette Star Lustgarten, with a format being prepared. He stated that the County has not issued the debt to Finance for the purchase of the voting machines. Mr. Schuster further stated that the request will be coming back to the Board for approval.
Ms. Eleanor Anderson, Administrative Services/Budget, stated that the County is in the process of drafting RFP's to go to the banks. The request will be financed through the banks, as directed by the Board, and will be coming back to the Board for formal action.
For Your Information items, as follows:
1. Budgeting errors on Voting Machines of Supervisor of Elections results in improvement to Contingency fund.
2. Before the Florida Public Service Commission, in re: Application of Brendenwood Water System, for amendment of Certificate No. 339-W, in Lake County, an Order Amending Certificate to Include Additional Territory.
3. Before the Florida Public Service Commission, in re: Application of J. Swiderski Utilities for a staff-assisted rate case, in Lake County, an Order setting temporary rates in event of protest and Notice of Proposed Agency Action order setting final rates and charges.
4. Public Notice received from the Department of the Army, of an application for a permit, pursuant to Section 10 of the rivers and Harbors Act of 1899 (33 U.S.C. 403), and Section 404 of the Clean Water; Act, from Walt Disney World Company.
5. Legal Notice of the application for transfer of Certificates Nos. W-351-w and S-307-s from Kings Cove Utilities, Inc., to J J S Utilities, Inc., providing service to described
territory in Lake County.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Al Thelen, County Manager, informed the Board that Tab 20 has been pulled from the agenda.
Commr. Gregg made a motion, which was seconded by Commr. Swartz to approve Tabs 16 through 27, with the exception of number 20.
Discussion occurred regarding several of the items on the consent agenda. Commr. Windram had questions regarding Tab 21, the request to exempt the reimbursement of expenses to participating libraries in the Countywide Library Sytem from the Board.
Mr. Thelen explained that the reimbursements are made to the libraries, who make the expenditures, and stated that this helps to expedite the reimbursement to the libraries. Mr. Thelen stated that there is a central library, and the libraries qualify for State grants.
Commr. Swartz stated that one of the main complaints by the libraries is that it takes a long time to be reimbursed for their expenses. The libraries spend the money based on the budgets approved. The libraries are requesting authorization to make those payments, as long as they are in line with the budget, and not require them to come before the Board each time.
Mr. Jim Schuster stated that, as far as the reimbursement of the cities' expenses, there is an existing interlocal agreement with the cities, and the only thing needed was a purchase order to reimburse them. Be stated that, if it is acceptable by the Board, the County will issue the purchase o rd er for the entire amount of the interlocal agreement, and the libraries can pay based on the purchase order, as authorized by the Board.
Mr. Schuster suggested that, in lieu of exemption, the County issue a blanket purchase order for reimbursement to the cities.
Commr. Swartz suggested pulling Tab 21, until the next regular scheduled Board meeting, February 13, 1990.
Commr. Gregg amended his motion to approve Tabs 16-27, as follows, with the exception of Tabs 20 and 21, with Commr. Swartz seconding the amendment. The motion was passed with a unanimous vote.
Certificates for employees with one and three years of service.
Accounts Allowed/Contracts, Leases & Agreements/Jails
Request to encumber: $1,323,094.00 by way of blanket purchase orders to Hellmuth, Obata & Kassabaum, Inc., for the balance of the 89/90 fiscal year.
Accounts Allowed/Environmental Services/Mosquito-Aquatic
Request to purchase 2,000 gallons Cythion Malathion 91% Technical Grade (Mosquito Adulticide), at a cost of $33,380.00.
Accounts Allowed/Bids/Environmental Services
Request for authorization to award recycling container bid to Municipal Sales and Leasing, for a cost of $5.54 per container - (total cost of $60,940.00).
Request for authorization to transfer all budgeted funds in library budgets from Books, Publications and Dues to Contractual Services.
Accounts Allowed/Budget Transfers/County Employees
Planning & Development
Request for authorization to advertise for and hire the Geographic Information System Technician, and transfer $37,500.00 from Contingency, as identified and approved in the 1989-90 FY budget.
Accounts Allowed/Budget Transfers/Public Works
Request to transfer $37,814.00 from 610 Roads, to 310 Professional Services, in the Impact Fee Budget, to fund consultant contracts.
Roads-County & State/Signs/Resolutions/Subdivisions
Request to reduce the speed limit on C-44 at Hickory Hollow Subdivision to 35 mph, and to post two 35 mph speed limit signs on the north and south side of C-44 approximately 300' west of Radio Road.
Request to release the following Murphy Act Deed reservations: Deed No. 568, Michael W. Southerland, Sorrento Shores Subdivision
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deeds:
John T. & Betty A. Buckley - #5-7940 - Thomas Boat Landing Road
Robert T. Sherwood - #3-2729 - E. Dewey Robbins
Hilda H. Hanson & Marilyn H. Cherego - #3-2035 - Apshawa Road
Ella B. Sadler, Ruth S. Williams & E. Glen Hennig - #3-0854 -Hartwood Marsh
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/BUDGET TRANSFERS/COURTS-JUDGES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the budget transfer, in the amount of $12,608.00, from Fine and forfeiture Contingency, to Machinery and Equipment, to purchase furniture and equipment for the additional Circuit Judge.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/COUNTY MANAGER
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to transfer $20,294.00 from the Personal Services Budget of the Board, to the County Manager's budget, for the Information Clerk position.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/JAILS
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to pay Atec $13,550.50 for inspection, review and recommendations for abatements of asbestos, at the Lake County Jail. This money will be paid out of the Federal Revenue Sharing Account.
BUDGET TRANSFERS/ENVIRONMENTAL SERVICES
Mr . Don Findell, Director of Environmental Services, appeared before the Board to make a report regarding a recommended program for the enhancement of hazardous waste management activities; to request authorization to make appropeiate Solid and Hazardous Waste Management budget transfers to fund the recommended program; and to request authorization to hire staff for the program implementation.
Mr. Findell stated that approximately $167,000.00 is budgeted for amnesty days, with costs continuing to rise. He stated that the program is very successful, but has a very low participation rate, about l/2 percent of the population of Lake County. He further stated that the County has a Solid Hazardous Waste Management Division, which has a Hazardous Waste Coordinator, but that the Division does not actually have a staff.
Mr. Findell stated that the Board had requested that staff investigate hazardous/toxic waste management alternatives, and develop program recommendations to reduce the amount of hazardous/toxic materials, which would be improperly disposed of at the waste-to-energy facility or landfill. Mr. Findell stated that staff investigated a number of programs that are available, their success rates, and the costs of the implementation of the programs. Also investigated was the participation rates that have been achieved, and production rates that have been achieved through the utilization of those programs. As a result of this investigation, staff has developed a recommended program, which is designed to provide a cost effective and incremental means of removing hazardous materials from the waste stream. The program combines aspects of aggressive public education, waste generator monitoring and assistance, and hazardous materials collection, reuse and recycling.
Mr. Findell directed the Board's attention to the memorandum from Ms. Sue Larson, Hazardous Waste Coordinator, and Mr. Brad Bauseerman, Recycling Coordinator, which discusses the scope of the hazardous waste management problem, and recommends what they believe to be cost efficient and effective programs for reducing the amount of hazardous waste that currently enters the waste stream.
Mr. Findell took time to review the context of the following programs:
1. Hazardous Waste Verification Program
2. Permanent Collection Center Operation
3. Battery and Hazardous Materials Recycling Program
4. Waste Reduction Assistance Program
The memorandum also contained the following four? categories of hazardous waste generators:
1. Large Quantity Generators
2. Small Quantity
3. Conditionally Exempt Small Quantity Generators
4. Household Hazardous Waste
Mr. Findell stated that the cost of the program would be $303,500.00, to implement (assuming participation by FDER contract personnel), and will require the addition of three staff positions. Program costs can be absorbed within the existing Solid and Hazardous Waste Management Division budget, although transfers will have to be made between budget accounts. The annual cost would be approximately $240,000.00. He stated that currently $160,000.00 is being budgeted for hazardous waste management. More will need to be budgeted, in order to maintain the level of service that the County has now for household collections. If the County maintains the household hazardous waste mobile collections, the County will need approximately $225,000.00 for next year.
Commr. Bailey stated that discussion will soon begin regarding the overall waste management peogram for the County, and that he is concerned with some of that discussion directly affecting the issue being presented today.
Mr. Findell stated that, no matter the outcome regarding the incinerator project, the County will still need waste reduction fnom the waste that will be going to the landfill. With the implementation of the proposed prognams, it will remove the hazardous and toxic materials from the waste stream, regandless of.where they will go.
Commr. Swartz stated that the most important consideration is whether or not the County is controlling waste management in the most effective cost efficient way possible. He stated, to get started, the County could probably combine much of the activity into Component 1 and Component 4, by using the State grant. Commr. Swartz also was concerned with the number of people who would travel to Astatula from Orange Blossom, Astor, and Bay Lake, and stated that he did not feel that this would be cost effective. At this time, he discussed the curb side service within the municipalities, and future possibilities of the County working with the cities in their programs.
Commr. Gregg commended Mr. Findell and staff for the excellent report of information presented today, and the report presents a good program.
Commr. Bailey stated that he would be more comfortable taking this issue up at the same time as the solid waste program. He further stated that the cost is also a factor. Commr. Bailey stated that the issue today should not be abandoned, but the Board should delay action, in order to address it under the solid waste program.
Mr. Brad Bauseerman, Recycling Coordinator, addressed the Board on the issue of the cities' participation in the recycling program.
Mr. Findell stated that the County can implement the program with two new members to its staff, one Environmental Specialist, and one Chemist.
Mr. Thelen stated that he had talked with Mr. Findell about the option of combining the two Environmental Spepcialist for one position, and having one chemist, and as the demand was there, and as more hazardous waste is brought in, the progtam could be expanded.
Ms. Sue Larson, Hazardous Waste Coondinatoc, stated that she feels the program proposed is the most cost effective. At this time, she discussed curb side collection, which is enormously expensive. She also discussed amnesty days, and the possibility of having a smaller type collection center at the two transfer stations. Ms. Larson stated that she felt the chemist could also pick up waste on a limited basis. She stated that there are new regulations that will go into effect in March, which will require that whoever handles the waste will need $1,200.00 worth of annual training. She discussed the costs to the contractor, and the cost for a chemist, with notification being received of an increase in costs to the contractor.
Commr. Windram stated that this is a very complicated issue, and the County needs to have a long range program.
Commr. Gregg made a motion, which was seconded by Commr. Windram, to approve the recommended program for enhancement of hazardous waste management activities: authorization to make appropriate Solid and Hazardous Waste Management budget transfers to fund the recommended program; and authorization to hire two County funded staff members, and one State funded staff member for the program implementation, as recommended by Mr. Findell.
Under discussion, Commr. Swartz requested that the staff consider an alternative of a tranferable trailer type work station with a lab that can be moved to a transfer station in South Lake County, and making the program mobile.
Commr. Swartz stated a clear message needs to be sent to the cities of the assistance they can make to the County, in relation to solid waste and recycling.
Commr. Bakich requested Mr. Findell to present to the Board, when studying the entire solid waste program, infotmation as to how the issue approved today connects with the solid waste program.
Mr. Thelen requested that the motion on the floor include the authorization for the transfer of funds from Other Improvements to the appropriate accounts, with the consensus of the Board being for the approval of the necessary transfers.
The Chairman called for a vote on the motion, with the motion being approved unanimously.
COMMITTEES/CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL
Mr. Don Findell, Director of Environmental Services, appeared.before the Board to discuss the request for authorization to negotiate a Recycling Collection contract with the top ranked firm selected by the Recyclable Matenials Collection Contractor Selection Committee. Mr. Findell stated that four fioms were interviewed, with the Committee ranking Industrial Waste Services as the top firm.
Commr. Bakich explained to the Board the process of interviewing and the responses received, in relation to the needs for Lake County.
Mr. Findell stated that the cost estimate is $1.97 per household per month. He further stated that the revenues will be negotiated, but with the suggestion to provide the County with 50% of the revenues from recycling, and if they take it to a regional recycling center, the County would receive 100%.
Commr. Windram requested that Mr. Findell supply the Board with information prior to the negotiations.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to negotiate a Recycling Collection contract with Industrial Waste Services, as recommended by the recyclable Materials Collection Contractor Selection Committee.
Ms. Eleanor B. Anderson, Director of Administrative Services/Budget, appeared before the Board to discuss the budget calendar, which provides a plan with specific dates to meet the
necessary requirements to adopt the County budget.
Ms. Anderson stated that there had been a change in the State law, regarding the budgets being submitted by elected officials. She stated that the filing date was May 1, but has been changed to June 1, but that the Board of County Commissioners can, by resolution, approve the May 1 date, which the County Attorney has drafted to that effect. She recommended that the Board pass the resolution. Ms. Anderson stated that she had consulted with Sheriff George E. Knupp, Jr., who appeared to have no problems with the May 1 filing. She further stated that she communicated with the other elected officials, and has received no response.
Mr. Robert McKee, Chief Deputy Clerk, stated that it was his understanding, from the agenda meeting, the changing of the date would be tabled, until further discussion with the constitutional officers, or until there was an explanation given for the change. He further stated that he had spoken to the Sheriff, who had indicated he favors the June 1 date.
Commr. Windram stated that he did not feel that realistic figures can be presented in advance for review by the Board, and that a more realistic outlook on the budget can be determined further into the year.
Commr. Swartz suggested holding a public hearing prior to setting the tentative millage and budget, in order to get citizen input.
Commr. Gregg stated that he preferred the layout of the budget calendar, as presented by Ms. Anderson.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the proposed budget calendar for the Fiscal Year 1990/91, as presented by Ms. Anderson, with the Board taking no action on the aforementioned resolution.
Ms. Anderson stated that she will be bringing to the Board a mid-year budget report, after meeting with the department heads, who will report to her any over-expenditures. She stated that the Board will approve a mid-year budget.
ENVIRONMENTAL SERVICES/ORDINANCES/WATER RESOURCES
Mr. John Swanson, Director; of Planning and Development, appeared before the Board to discuss the Wekiva River Protection Area Amendment, and to present an update on the issue. He presented maps showing the perimeters of the protection area, as listed by the State, and outlined the St. Johns River Water Management District boundaries, which have been designated as protection area. Mr. Swanson stated that there is no activity taking place in the Wekiva at the present, as far as review for new plans. At this time, Mr. Swanson discussed the negotiations being made by the Department of Community Affairs (DCA)..Sommr. Windram stated that the designated Wekiva Basin is larger than necessary to protect the water, and questions the impact on the river. He stated that his primary concern is that the small acreage owners are not being treated the same as the big developers, who the State is negotiating with. He stated that he would like to request the State to offer the property owners of small amounts of acreage the same as what is being offered to the large property owners.
Mr. Swanson stated that, on February 4, 1990, he and his staff met in Tallahassee and made a presentation to DCA, in the form of work maps with the boundary lines, etc., and DCA was in agreement with the presentation.
Commr. Swartz questioned the Point System Rating Criteria, on Pages 17-19, Ordinance 1989-3, in relation to the intent for clustering. He discussed Page 18, 4. "Innovation in Site Design by Providing More Open Space and Protecting Environmentally Sensitive Land than would be protected under existing regulations. (80 points possible)", in relation to Page 19, 5. "If it can be demonstrated that the development tract or parcel does not have any pre-existing environmental constraints and therefore not afforded the ability to achieve points, the proposed development can receive 80 points."
Commr . Swartz discussed Page 18, 4. a. "Incorporation of Pervious Pavement or Grassed Parking", and f. "Use of Native Vegetation in Landscaping", and Page 19, j. "Clustering of units to promote common open space, passive recreation, and preservation of environmentally sensitive area". He stated that the first two items should not get credit for those points in this type of development, unless they involve these things, because there is no environmental handicap in doing this. He stated that paet of the act was to promote clustering, and there is no reason why those same tracts cannot peomote clustering, so they should not get the 10 points, as a pact of the 80 points, unless they, in fact, do the clustering. He suggested that #5 should read "If those demonstrated tracts do not have those features, they should get 67 points, and if they cluster, add 10 more points, and if they use pervious or native vegetation, an additional 3 points."
The PUD process was discussed by Mr. Larry Kirsch. Mr. Swanson discussed the creation of a separate category, reducing the clustering to 70 points, and stated that this process could be accomplished without any major adjustment.
Commr. Swartz discussed Page 44, Section 8, Policies 4 and 5, regarding central sewer and water systems being required by the year 2000.
Ms. Lustgarten clarified that the systems will be required in the Basin Protection Zones, with the County only having to address five years in the Capital Improvement Element.
Ms. Lustgarten also discussed the issue of vested tights, and clarified that there are two types of vesting, vesting for a density that is greater than what is permitted, pursuant to an overlay district, and vesting as far as the ability to transfer development rights.
Mr. Michael Szunyog, Director of Planning, appeared before the Board and reviewed the schedule for the adoption process for the Wekiva River Protection Area Comprehensive Plan Amendment and the amendments to land development regulations.
COMMITTEES/PLANNING & DEVELOPMENT
Mr. John Swanson, Director of Planning and Development, appeared before the Board to present an update on projects in the Planning and Development Department. At this time, Mr. Swanson reviewed the stages of progress on the County ordinances.
Mr. Swanson discussed the process in the County's review of development plans, and stated that seven types of applications are received in the County. He further stated that, as of February 1, 1990, an application will be processed in three weeks, three days. He stated that the Technical Review Committee will meet every Thursday from 9 a.m. until 12 noon, with the Coordinator supplying the Committee with the application in three days.
Mr. Swanson stated that the following comprises the membership of the Technical Review Committee:
E 911 Building Department
Fire Department School Board
HRS Public Works
Planning & Development Environmental Services
United Telephone Sumter Electric
Mr. Swanson stated that United Telephone and Sumter Electric meet with the Committee for infoemational purposes only.
Mr. Swanson reviewed the Section 8 subsidized housing program, which totals 204 certificates and vouchers, and 189 releases, with a 93% occupancy rate.
Mr. Leo Vaughn, Code Enforcement, appeared before the Board and reviewed a map, which detailed inspections for one month, and will be detailed for one year. Mr. Vaughn stated that the biggest problem being reported is trash and litter. There were 143 complaints filed in the month of January.
Mr. Jack Bragg, Building Official, appeared before the Board to discuss the building permits that have been issued for the month of January, which included residential, commercial, and industrial activity. A map was also supplied for this presentation.
Mr. Swanson discussed the Compnehensive Plan status, and presented charts in relation to the issue. He stated that the County has been preparing its Plan, along with the plans for the
nine cities, with the status of each being reflected on the charts. He discussed the "Plan a Month", with the first being Howey-in-the-Hills, and because their's is the first that has to be submitted. He stated that six plans are due February 1, 1991, and three plans are due March 1, 1991.
Mr. Swanson stated that the only active committee, at this time, is the Conservation Committee. The inactive committees include the Recreation and Open Space; Housing; Transportation; and Public Facilities. These committees will be meactivated and brought back to review and to make recommendations on particular elements. Periodically a plan will be presented to the Board for review. In order to complete the plan, a series of workshops will be held. At this time, he reviewed the proposed schedule of meetings.
ENVIRONMENTAL SERVICES/ORDINANCES/WATER RESOURCES (CONT'D.)
Mr. Steve Richey, Attorney, appeared before the Board and discussed the dates of the meetings scheduled for the Wekiva Amendment issue. Mr. Richey respectfully requested that the Board consider sending notices for the final hearing in March, in order for the property owners to have written notice. He stated that the Florida Statutes and the ordinance does not require that this be done, but he requested that the Board consider in doing so, for the equity and fairness to the property owners.
Mr. Richey also requested that staff review the value of TDR's being proposed in the Amendment.
On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved to send out notices for the March hearing to the property owners within the Wekiva area.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the authorization for the Northeast Hospital Tax District to receive a monthly remittance of the net collections for; the district. To facilitate these payments, a purchase requisition for the remaining balance for the 1989-90 budget year has been prepared.
COUNTY POLICY/FAIRGROUNDS/OUTDOOR RECREATION
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss Mr. Harry Edwards' request for Board sponsorship for Cops and Kids Day, March 10, 1990, so the event will be covered by Board insurance. K & K Insurance states that $1,000,000.00 coverage foe one day will cost $l,OOO.OO. Mr. Strickland stated that the staff recommended denial, because the County does not have anyone to accept the liability, or to provide the cleanup associated with the function.
Commr . Bailey stated that the Board was one of the co-sponsors last year for Cops and Kids Day.
Mr. Strickland stated that last year the program was covered under the County's liability coverage, with the event being considered as a County function.
Mr. Al Thelen, County Manager, stated that, if the County wants to sponsor an event, and assume the responsibilities, it would be a decision by the Board. He stated that the Board should also.consider: each request individually.
Ms. Annette Star Lustgarten, County Attorney, stated that the County has a statutory limitation of one million dollars.
Mr. Strickland discussed the creation of the County policy and the requests that were made by youth oriented groups. He stated that the Fairgrounds essentially became rented out for benefits, rather than the revenue generated openations. Therefore, the new policy was developed by the Board.
Discussion occurred regarding the requirement of a Certificate of Insurance Policy, with the understanding that this has been waived for the Cops and Kids Day, because this is a County sponsored group.
Commr . Bailey withdrew the request presented Me. Harry Edwards and stated that he will assist in taising the necessary funding for the event.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/PUBLIC WORKS
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the oequest for a budget amendment transfer to fund a full-time position, in the amount of $11,247.00.
Ms. Annette Stat Lustgarten, County Attorney, informed the Board that the amendment to the Road Impact Fee Ordinance will be heard at the February 20, 1990, and March 6, 1990, at 5:00 p.m., at regular scheduled Board meetings.
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Greater Orlando Aviation Authority has filed for an Administrative hearing before the Federal Aviation Administration, in relation to the permitting of the eadio towers. Ms. Lustgarten stated that the County is not actually a party to the suit, since it is an administrative hearing process.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Board of Trustees met for the Northwest Hospital District regarding the merger of the hospital districts. The State Statute, which pertains to the merger of special districts, requires the adoption of a concurrent resolution. The meeting was continued from last night until Friday at 10:30 a.m., in the Board of County Commissioner's Meeting Room, to consider the concurrent resolution with the Board of County Commissioners, which is the Board of Trustees for the Northeast Hospital District.
Ms. Lustgarten stated that the resolution, as proposed, requires the appointment of six members, by the Board of County Commissioners, with an election to be held in October, 1990. This will be an election held in the two districts, at a location to be determined by the Board of Trustees. Ms. Lustgarten stated that the the appointed Board will do the budgeting for the districts for the first fiscal year.
Mr. Al Thelen, County Manager, stated that each of the hospitals will be providing each of the Commissioners, by Friday, a list of names to consider for the six appointments.
Ms. Lustgarten stated that the draft resolution will be supplied to each of the Board members tomorrow for review, and the press will be notified of the meeting.
Commr. Bakich discussed the request from the Lake County School Board to pass a Resolution requesting the Supervisor of Elections to place the issue of appointive/elective Superintendent on the November 6, 1990, ballot.
Ms. Annette Star Lustgarten, County Attorney, stated that, based on past practice, the County Attorney's Office prepares the ballot item, and the County pays for the cost of advertising. The request requires that the Board pass the resolution directing the Supervisor of Elections to place this on a ballot.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to adopt the resolution presented by the Lake County School Board for the Supervisor of Elections to place the issue of appointive/elective Superintendent.on the November 6, 1990, ballot.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the letter to Governor Martinez endorsing the appointment of Chief James B. Brown, Jr. to the Florida Criminal Justice Standards and Training Commission.
PLANNING & DEVELOPMENT
Commr. Bakich stated that he has met with Mr. John Swanson, Director of Planning and Development, and Dr. Thomas Sanders, Superintendent of the Lake County School Board, regarding the involvement of a School Board member to the Technical Review Committee.
No action was taken on this issue.
Commr. Gregg discussed the article in the recent NACO newsletter entitled "Commissioners for a Day", where County staff visits the local high schools and puts on a presentation on County government and services. He stated that he felt this would be an excellent program to be introduced to the County officials. At this time, Commr. Gregg requested that Mr. Al Thelen, County Manager, explore this program and present information to the Board for consideration.
CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS
Ms. Annette Star Lustgarten, County Attorney, informed the Board that she has reviewed the cablevision agreement, which requires that the cablevision company meet with the County at least once a year. The agreement also states that the company provide service of the quality provided in the general area, which will be reflected in the survey, which the Board requested. She further stated that the agreement contains very little, as far as enforcement is concerned, but that she will provide the Board with a written analysis.
It was noted that the Federal Communications Commission will be meeting March 2, 1990, with the suggestion being made that representation be made by County staff.
Mr. Al Thelen, County Manager, stated that the County has been contacted by the City of Tavares about working with them in their effort, in the same area, and that the League of Cities has setup a Committee, that is designed to review the franchises, and perhaps develop some standards that could be used Countywide.
Commr. Gregg discussed a workshop held last night with the Lady Lake Commission regarding the impact fees, and informed them that the final hearing on the ordinance will be March 6, 1990. He stated that discussion has occurred regarding Lady Lake opting into the impact fee program. Commr. Gregg stated that the ordinance requires that the city opt into the program, or the County can file suit, with the city having to show cause why it does not have to opt in.
COUNTY POLICY/FAIRGROUNDS/OUTDOOR RECREATION (CONT'D.)
Commr. Bailey discussed the request that had been made for Cops and Kids Day, and stated, for clarification, that there should be an across the Board policy that the Board look at changes, when considering requests made by the different organizations.
ROADS-COUNTY & STATE
Commr. Windram questioned Mr. Jim Stivendec, Director of Public Works, as to the year the State started turning over roads to the County.
Mr. Stivender stated that the last ones received was five years ago, with the Act being placed in 1977-78. Commr. Windram requested that Mr. Stivender provide him with an updated list of the roads turned over to the County by the State.
Mr. Al Thelen, County Manager, requested Board approval to send a letter, in behalf of Montverde, with regards to their grant application, in the amount of $588,000.00, for Federal assistance from Farmers Home Administration to improve their town water system. It was the consensus of the Board to approve the request for Mr. Thelen.
Mr. Al Thelen, County Manager, stated that he met with a consultant and Mr. Don Findell, Director of Environmental Services, and the City of Leesburg, in relation to water and sewer, and tried to review their comprehensive plan, where their proposed service area is located, and where our consultant thinks that there is density enough to have a public sewer system. He suggested approaching it on the basis that the County would like them to extend their utility system in those urban areas, so that the County does not have to create its own water and sewer system, thinking that the County may have to do this in some of the areas that do not have any corporation. Mr. Thelen stated that it was his assumption that the Board wants the staff to have the cities expand their systems, in the area of the city itself, and suggested that this be on a nondiscrimination basis. He stated that a wonkshop will be scheduled with the Board with the results from the cities, in about three weeks.
RECESS & REASSEMBLY
At 12:30 p.m., the Chairman announced that the Board would adjourn until 2:00 p.m., for the Mining Ordinance Workshop.
At 2:00 p.m., the Chairman announced that the meeting would continue on the proposed Mining Ordinance, beginning with Page 25, Section 3, Revegetation.
Mr. Don Darley, Mining Committee, discussed Page 25, Section 3, "good quality topsoils, or other growing media suitable....". He stated that, in the sand operation, the soil that is there in the beginning is utilized, and suggested that the wording include "native soils".
Discussion occurred regarding the process being proposed in the ordinance, which includes for alternate growing media being approved by the County prior to commencement of cevegetation, with the Board being agreement with this process.
Ms. Annette Star; Lustgarten, County Attorney, clarified language on Page 26, in the first paragraph, as follows: "All land areas, at the end of one (1) years after completion of the initial 2/6/90.reclamation, shall have established ground cover....". This language shall also be included in the following paragraph, which also states at the end of one (1) year.
There were no comments to be made regarding Page 27.
Commr. Swartz questioned Page 28, Section 2, Sand Tailings, with Mr. Don Findell, Director of Environmental Services, presenting an explanation. There were no further comments on Page 28.
Mr. Fred Crabill, Florida Crushed Stone, had questions on Page 29, 22-4 A. Annual Progress Report, regarding the level of expertise, and the County having the appropriate professional level of expertise.
Mr. Findell discussed the job description and stated that the salary level established for the position at the current time is the level established for a professional geologist, just as the salary levels foe engineers are established for professional engineers. The job description does not specifically require the preferred qualifications.
Mr. Crabill stated that, if the ordinance states a geologist licensed with the State of Florida, it must be the same individual that reviews the information. It was suggested by Commr. Swartz that the job description include this as a requirement for the position.
Discussion occurred regarding a DRI, with clarification being given by Mr. Findell and Ms. Lustgarten.
Ms. Lustgarten stated that, at an earlier workshop, discussion occurred regarding information to be provided in the application process regarding impact on intersections and access routes. She stated that discussion involved requiriing updated information in the annual report regarding traffic impact. She stated that there was concern because of the concurrency requirements that will soon come into existence, pursuant to the Comprehensive Planning process, and the County's ability to plan for future roads.
Commr. Bakich suggested adding a Number 6 under 22-4. A. Annual Progress Report, to include the information regarding traffic impact..Mr. Steve Richey, Attorney, questioned the Board 's intent to require detailed transportation studies, with Commr. Swartz stating that, what was discussed in the earlier section was detailed studies, but with regards to the roads that can be identified with ingress and egress, and those intersections most proximate to the mine, and that would be the area that the study would be related to.
Ms. Lustgarten stated that this would involve updated information, which may have changed, but its the criteria access road impact at intersections closest to the site, and the volume.
Ms. Lustgarten informed the Board that the fees are daily listed on Page 30 for illustrative purposes as to the type of fees that are contemplated at final enactment of the ordinance. At that time the Board will adopt a resolution establishing those fees.
Discussion occurred regarding Page 30, 22-6 Fees:
L. Inspections, 2. Non-compliance (violation) Reinspection.
Mr. Findell discussed the process used when filing a complaint, and stated that, once the complaint is investigated and considered a valid complaint, jurisdiction would be determined.
Mr. Darley discussed the language regarding inspections, and suggested that "reasonable hours" be inserted within this language.
Discussion occurred regarding Page 31, 22-7. Variances. Ms. Lustgarten stated that the language tracks the existing language in the County's Code regarding variances granted by the Board of Zoning Appeals, as does the appeal section. She stated that, if the Board wanted variances to go to the Board of Zoning Appeals, she suggested that the staff reference the section of the Code that addresses this.
Mr. Richey discussed the issue of setbacks and site specific, and stated that he wanted assurance that the wording is such that the Board retains the flexibility to modify the actual zoning approval, to give it the flexibility to handle variances on a case to case basis.
Ms. Lustgarten suggested adding such language "that in the event a variance is sought, it should comply with the provisions of the Code, in those very limited instances when it might apply". She further suggested general language that states "in those instances when a variance is appropriate, the Board of Zoning Appeals would have jurisdiction". Ms. Lustgarten stated that she would like to take out the specific language, and add general language regarding variances when appcopciate will be processed in the same manner, based on the same standard as set out in the Zoning Code (Section 80-12).
At this time, it was the consensus of the Board to strike the language in 22-7. Variances, and 22-8. Appeals, on Page 31.
Ms. Lustgarten discussed Page 31, 22-9. Violations, Penalties, and suggested removing the word "willful", and changes as follows: "Substantial, o r repeated violation of the terms and conditions of the approved mining site plan o r the operating permit, or the disobedience of a lawful order issued by a County official, pursuant to the authority granted in the Lake County Code for Federal, State, or Regional rules or regulations, shall be cause for revocation or suspension of the approved mining site plan or the operating permit."
Ms. Lustganten discussed the language regarding the mine owner making a request for a hearing to the County within fifteen days, and if the mine owner did not ask for the hearing, the permit would be considered revoked. She stated that she did feel that the County was giving due process to the mine operaton, and stated that she felt that there needed to be a public hearing to revoke a permit or plan. Therefore she suggested the following change: "If the County feels there are grounds for revocation, notice shall be given to the operator, to comply within a fixed period of time, and if compliance does not occur, that a public hearing before the Board of County Commissioners for revocation shall be advertised and noticed." This is similar to the Code Enforcement regulations. Ms. Lustgarten stated that she will rewrite this section for the Board. Mr. Richey discussed the removal of the term "willful", and stated that he looks at "willful" as being revocation standard and "inadvertent" being Code Enforcement. He stated that he will submit to the Board in writing his comments from his standpoint.
Ms. Lustgarten continued with Section 3. Civil or Criminal Enforcement, and added the following language: "Violation of any of the terms...... of the Lake County Code, being prosecuted as provided by law." She stated that she would rewrite this section.
Ms. Lustgarten continued by discussing 22-10 A. Financial Responsibility, and the acceptable forms of the guarantee. She stated that her experience with Certificates of Deposits have been difficult to collect on, and suggested that the Board review this in general. It was her suggestion that the Board only accept cash, irrevocable letters of credit, or sutety bonds. Ms. Lustgarten stated that it is the intent to have the security up front, and suggested that 'certificates of deposit" be left in the ordinance, until this is reviewed. She continued by adding the following change to the last sentence in Section A.: . ..subject to the approval of the County Attorney."
Commr. Bakich discussed Page 32, 22-10 B. Financial Responsibility, and questioned the amount of 100% of the estimated cost of reclamation. He stated that County requires 110% on the roads and development, and questioned the consistency.
Mr. Findell stated that staff recommended 110% for consistency with other County requirements, and the Mining Committee recommended 100%.
Discussion occurred regarding inserting language to base the cost of reclamation per phase of the project.
Ms. Lustgarten stated that the language will be adjusted for the approval of each phase being permitted.
There were no comments on Page 33.
Discussion occurred regarding the enforcement of the ordinance, with Mr. Findell discussing the periodic inspections. He stated that he will submit, in memorandum form, the discussion for the inspector's position.
Ms. Lustgarten stated that she will submit a draft of the proposed ordinance within two weeks, and suggested that the workshop continue until March 6, 1990, at 2:00 p.m.
Mr. Timmons discussed borrow pits, with Mr. Findell stating that they are covered within the ordinance.
Mr. Darley discussed Page 27, regarding the inspection of the mine and reclaimed sites for the purpose of determining compliance with County ordinances for a period of three years from the release of the reclamation bond. He stated that the property is private land and questioned the obligation to the County for three years Mr. Findell stated that evolution standards ace evolutionary and the state of collection process is a part of the process to make a determination as to whether, in fact, the standards established are adequate standards. He stated that this involves wetlands and water bodies.
Ms. Lustgarten stated that the ordinance states that the purpose of any inspection or access would be to determine compliance with the County ordinances. She stated that, if the other intent is to give the County access to look at the success of the reclamation plan, that would be the language to be included in the ordinance, but perhaps reducing it to a period of one year: and not making it a recordable document, but an agreement between the parties.
Commr. Gregg suggested that Ms. Lustgarten include language that gives the County the ability to go to the site and determine if the reclamation was successful, or until such time a development order is issued for another use of the site.
Ms. Lustgarten stated she understood the concern being expressed with the recordable form, and suggested a written agreement between the parties. She further addressed the access, and stated that the purpose of the access is to determine the success of the reclamation plan, and the impacts on the wetlands and/or any water bodies on site, that it be for a period of one year, or until such time another development permit is issued for the development of the site, which ever shall first occur.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:20 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK