The Lake County Board of County Commissioners met in regular session on Tuesday, November 3, 1992, 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: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; G. Richard Swartz, Jr.; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Neil Kelly, Director of Administrative Services; and Sandra Carter, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
CODE COMPLIANCE/CORRECTIONS/COUNTY EMPLOYEES
FACILITIES & CAPITAL IMPROVEMENTS/LAND DEVELOPMENT REGULATION
PRIVATE INDUSTRY COUNCIL/PUBLIC SERVICES
Commr. Bakich, Chairman, made the following presentations:
Plaques to Employees with Five Years of Service to the County, as follows:
Lairn Malone, Environmental Specialist I
Land Development Regulation/Environmental Management
Rod Sullivan, Corrections Officer, Corrections/Security
Milton Tinis, Code Inspector, Land Development Regulation
Code Enforcement
Plaques to Employees with Ten Years of Service to the County, as follows:
Gerald Green, Corrections Officer, Recreation/Transportation, Corrections/Jail Operations
Plaques to Employees with Fifteen Years of Service to the County, as follows:
Robbie Hollenbeck, Private Industry Council, Director,
Community Services/Workforce-PIC
Horace "Jim" Jones, Private Industry Council, Assistant Director, Community Services/Workforce-PIC
Eugene Weaver, Training Specialist II,
Community Services/Workforce-PIC
Plaques to Employees, Acknowledging Their Retirement, as follows:
Henry Herrick, Corrections Sergeant, B Shift, Security, Corrections, 9 Years of Service
Wilmer Hollinghead, Maintenance Worker III, Parks Services,
Special Services, Public Services, 8 Years of Service
Lou Webb, Custodial Supervisor, Building Custodians,
Parks & Facilities Division, Public Services, 15 Years of Service
Employee of the Month Plaque and Savings Bond to the following employee, for the month of November, 1992:
Michael "Mike" TerMeer, Maintenance Specialist I,
Building Maintenance Services, Facilities Management Section, Office of Facilities & Capital Improvements
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant No. 158945 through Warrant No. 159225, for the following accounts:
Mosquito Control Landfills
County Transportation Trust General Revenue
Road Impact Fire Districts
Aquatic Weed Animal Shelter Trust Fund
Capital Outlay Resort & Development Fund Tax
Countywide Library Commissary Trust Fund
Sales Tax Capital Projects Law Library
Emergency 911 Fund Miscellaneous/Gas Fund
Section 8 Private Industry Council
Insurance Fund Northeast Ambulance
Criminal Justice Trust Fund
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
4593-94 Statewide Construction, Inc. (Carpentry)
4663-93 Bob's Concrete, Inc.
4700-93 Harold Hilliard d/b/a Hilliard's Air Conditioning
and Heating
4814-93 Scott E. Vannuys (Plumbing)
4887-93 S & T Electric of Lake County, Inc.
4941-93 Ron Torri Plumbing, Inc.
5021-93 Randall L. Allen d/b/a Air-O Mechanical Service
5161-93 R. P. Ferrara Mechanical Services (Class B A/C)
5162-93 Sippie Jenkins, Jr. d/b/a Advanced Roofing
5163-94 Deborah M. Kern d/b/a John & Kern Roofing
5164-93 J. B. Electric, Inc.
5165-93 Michael D. Burrowes & Stephen M. Ross d/b/a
Burrowes-Ross Construction
5166-93 Paul Polakoff d/b/a Polakoff Electric
Cancellations
4949-92 David Littiken
5013-92 Silliman Homes
Audits/Committees/Finance
Request to acknowledge receipt of the Lake County Industrial Development Authority Audited Financial Statements for the Year ended 1991.
State Agencies/Utilities
Request to acknowledge receipt of a Notice of Application for an Extension of Service Area, for Southlake Utilities, Inc., amending Certificate Nos. 533-W and 464-S, for water and wastewater service, adding a number of territories (listed on application) in Lake County.
State Agencies/Utilities
Request to acknowledge receipt of a Notice from the Florida Public Service Commission of an Amendatory Order regarding an Application for Rate Increase for Brevard, Charlotte/Lee, Citrus, Clay, Duval, Highlands, Lake, Marion, Martin, Nassau, Orange, Osceola, Pasco, Putnam, Seminole, Volusia, and Washington counties by Southern States Utilities, Inc.; Collier County, by Marco Shores Utilities (Deltona); Hernando County, by Spring Hill Utilities (Deltona); and Volusia County, by Deltona Lakes Utilities (Deltona).
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 92-19, from the City of Eustis, voluntarily annexing a parcel of land contiguous to the city limits, north of Country Club Manor, at the southeast corner of S.R. 19 and C.R. 44 (C452-A), into the corporate limits of the City of Eustis.
Reports/State Agencies
Request to acknowledge receipt of the 1991-92 FY Activity and Receipts/Expenditures Report, from the Florida Department of Agriculture & Consumer Services, for the Division of Forestry's Fire Prevention and Suppression Program, as well as the Cooperative Forestry Assistance Program in Lake County.
ADDENDUM NO. 2
CLERK OF COURT'S CONSENT AGENDA (CONT'D.)
Accounts Allowed/Clerk/Property Appraiser/Reports/Sheriff
Tax Collector
Request to acknowledge receipt of the Year End Reports and excess fees for the following Constitutional Officers:
James C. Watkins, Clerk of Courts $422,799.78
Ed Havill, Property Appraiser 20,019.64
T. Keith Hall, Tax Collector 590,723.85 Northeast Lake Hospital District 2,739.81
Northwest Lake Hospital District 2,598.91
George E. Knupp, Jr., Sheriff 69,428.51
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Budgets/Budget Transfers/Mosquito-Aquatic Plant Management
Resolutions/State Agencies
Request from the Budget Office for approval of Budget Transfers and a Resolution, as follows:
Budget Transfers
Fund: Resort Development Tax Revenue
Department: Office of Tourism
From: Special Reserve $6,180
To: Capital Outlay $6,180
Transfer No.: 93-0014
Fund: General
Department: Corrections
From: Personal Services $138,237
To: Personal Services $138,237
Transfer No.: 93-0011
Resolution
Resolution requesting that the Aquatic Plant Management fund be amended, in order to receive $180,000 in unanticipated revenue from the Department of Natural Resources, for the Management of Hydrilla. The Board of County Commissioners entered into an agreement on September 23, 1992, with the Department of Natural Resources, to assume the responsibility of Aquatic Plant Management of Hydrilla.
Accounts Allowed/Public Health
Request from Community Services to approve payment, in the amount of $32,685.39, to Florida Hospital, under the Health Care Responsibility Act, for inpatient hospital stay for a Lake County resident.
Contracts, Leases & Agreements/Private Industry Council
Request from Community Services for authorization to submit Lake County's proposal to operate the 1993 JTPA, Title IIB, Summer Youth Program to the Volusia, Lake, Flagler-Private Industry Council and authorized proper signatures on the appropriate documents and subsequent contract.
County Buildings & Grounds/Courthouse
Request from the County Manager for approval of an agreement allowing United Parcel Service (UPS) to install a Letter Center, for the receipt of UPS Next Day Air envelopes, at the Lake County Judicial Center and authorized proper signatures on same.
Bonds/Commissioners
Request from the County Manager for approval of a bond for Commissioner Richard Swartz and authorization to forward same to the Division of Elections.
Accounts Allowed/Committees/Contracts, Leases & Agreements
Facilities & Capital Improvements
Request from Facilities & Capital Improvements for authorization to execute the Design/Build contract with Construction Development and Design Company of Ocala, Florida, for the Tourist Development Welcome Center and to encumber funds, in the amount of $209,750.00.
County Employees/Human Resources
Request from Human Resources for authorization to proceed with the development of the "Expanded" Employee Discount Program and authorization to implement same, as presented, subject to review and approval by the County Attorney.
County Employees/Human Resources/Insurance/State Agencies
Request from Human Resources for approval of two (2) State required plan provisions (noted in the County Manager's Consent Agenda) and a necessary change of the conversion health insurer to Celtic Life.
County Employees/Human Resources/Ordinances
Request from Human Resources for approval to institute an Employee Suggestion Awards Program and authority to draft and advertise an ordinance regarding same.
County Employees/Human Resources
Request from Human Resources for approval of certificates to employees with one and three years of service to the County and authorized proper signatures on same.
Environmental Protection/Land Development Regulation
Resolutions
Request from Land Development Regulation for approval of a resolution urging the County's elected State Legislators to amend the Lake County Pollution Control Board Enabling Act, authorizing the Lake County Pollution Control Board to levy fines and to provide for renaming the Lake County Pollution Control Board and the Lake County Pollution Control Officer to the "Lake County Environmental Protection Board" and the "Lake County Environmental Protection Officer".
Accounts Allowed/Finance/Land Development Regulation/Planning
Request from Planning for payment of Invoice No. 11347, from Carlton, Fields, Ward, Emmanuel, Smith & Cutler, in the amount of $23,936.87, for professional legal services rendered for the period of August 3, 1992 through August 31, 1992, for the Lake County Comprehensive Plan representation.
Deeds/Public Services/Rights-of-Way, Roads & Easements
Request from Public Services to accept the following deeds and easements for Leesburg East-West Connector (C467):
Drainage Easements
Wal-Mart Stores, Inc., a Delaware Corporation
Statutory Warranty Deeds
Wal-Mart Stores, Inc., a Delaware Corporation
Horne Properties, Inc., a Tennessee Corporation
Public Services/Roads-County & State
Request from Public Services to accept a maintenance map on Fletcher Road (5-7972).
Deeds/Municipalities
Request from Public Services to execute a quit-claim deed to the City of Mt. Dora conveying the Donnelly Street Goat Pond retention area.
Deeds/Rights-of-Way, Roads & Easements/Roads-County & State
Road Projects
Request from Public Services to accept the following Statutory Warranty Deeds:
For Road Projects
Bert E. Roper and Barbara C. Roper, Hancock Road (2-1254)
Manuel Quintero Lopez, John's Lake Road (2-1158)
Linda Uncapher, Hancock Road (2-1254)
Robert W. Maxwell, Peru Road (5-7961)
(to supersede reverter clause)
Paul J. LaPointe and Gertrude T. LaPointe
French Road (5-7611A)
For Minor Lot Split
Kenneth Brian Dudash and Rebecca D. Dudash
SW Libby Road (2-2229)
For Right-of-Way Donation
Dale C. Freeman, Unity Drive (1-6012)
Purchasing
Request from Purchasing for approval of specifications, quotes, encumbering funds previously authorized, payments to be made, and other services that do not require bids or quotes, as follows:
(B) Award Bids and Encumber Funds
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Public Services Universal Signs/Traffic $ 7,790.00
Sign Shop sign material for street
RBRS 459 signs. Bid #008-550-093.
(2) Public Services Tire Eagle, Inc./Waste $20,000.00
Solid Waste Mgmt. Tire Management reimburs-
SW 12372 able through grant funds.
(3) County Wide Ernie Morris Enterprises/ $150,000.00
Low bid on office supplies
and office furniture. Bid
#003-618-093.
(4) Corrections Brisk Coffee Co./Coffee $ 24,000.00
Food Service and equipment at estimated
FS 200 cost of $2,000.00 per month
for FY 1992-93. Bid #021-
387-093.
(5) Corrections T. G. Lee Foods/Dairy pro- $ 42,000.00
Food Services ducts at estimated cost of
FS 202 $3,500.00 per month for FY
1992-93. Bid #026-380-093.
(C) Approve Quotations and Encumber Funds
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Corrections American Paging/Rental of $ 3,538.80
COR 773 of 22 pagers for emergency
response personnel within
the jail.
(D) Encumber Funds Previously Authorized
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Corrections Mike Cook Dist./Blanket $ 8,000.00
COM 301 purchase order for October
and November, 1992 at approx.
$4,000 per month. Items for
resale to Inmates. Bid
#002-092. Inmate Welfare Fund.
(2) Corrections Lance, Inc./Blanket purchase $ 2,000.00
COM 300 order for October and Novem-
ber, 1992 at approx. $1,000
per month. Items for resale
to Inmates. Bid #002-092.
Inmate Welfare Fund.
(3) Corrections Eli Witt Co./Blanket purchase $ 12,000.00
COM 302 order for October and Novem-
ber, 1992 at approx. $6,000
per month. Items for resale
to Inmates. Bid #002-092.
Inmate Welfare Fund.
(4) Community Services Cooper Memorial Library $ 51,246.00
Library Services Assn./Funding for FY
LIB 449 1992-93 per interlocal
agreement.
(5) Community Services City of Tavares/Funding for $ 47,770.00
Library Services FY 1992-93 per interlocal
LIB 450 agreement.
(6) Community Services City of Umatilla/Funding for $ 46,747.00
Library Services FY 1992-93 per interlocal
LIB 451 agreement.
(7) Capital Imprvmt. GTE Communications/ $ 28,443.73
CAP 254 Install phones, move
transition team from
temporary trailers into
new jail. Cost of all
phones and installation
in new jail.
(8) County Mgr.'s McGriff, Seibels, Williams/ $ 4,253.00
Office-Risk Premium increase on crime
Mgmt. RSK 005 coverage for FY 1992-93.
New P.O. total $6,753.00.
(E) Approve Other Payments and Encumber Funds
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Community Services Doctors & Physicians Lab- $ 17,000.00
Medical Examiner oratories/Toxicology and
MOR 138 miscellaneous testing for
FY 1992-93 for Medical
Examiner's office.
(2) Community Services Drs. Shutze & Techman, P.A./ $133,605.00
Medical Examiner Contracted services for
MOR 139 professional services,
utility services, histology
services for FY 1992-93.
(3) Community Services Drs. Shutze & Techman, P.A./ $ 11,650.00
Medical Examiner Morgue operating supplies
MOR 140 for FY 1992-93.
(4) Community Services International Janitorial $ 16,800.00
Medical Examiner Service/Housekeeping con-
MOR 141 tract for morgue for FY
1992-93.
(5) Public Services Adapco/Permanone 32+66 for $ 12,800.00
Mosquito Control mosquito spraying. Sole
MC 0144 source vendor.
(6) Corrections Waterman Medical Center/ $ 10,307.72
Inmate Medical Inmate medical services.
Billing.
(H) Chairman's Signature and Encumber Funds
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) County Manager Southern Living, Inc./Adver- $ 2,082.50
Tourist Development tisement for winter issue of
TDC 206 Southern Living Travel South.
PUBLIC SERVICES/ROADS-COUNTY & STATE
Mr. Jim Stivender, Director of Public Services, explained this request.
Commr. Swartz stated that he felt this request should go through the Impact Fee Advisory Committees, for review, due to the
fact that the County would be expending approximately $100,000 of impact fee money within the district involved (District 3).
Commr. Bailey stated that he would like to obtain feedback from some of the cities involved, as some of them had indicated they would like to have more say in what is being proposed.
No action was taken, at this time, regarding a request from Public Services for authorization to enter into negotiations with Greater Construction Corporation, for the utilization of Road Impact Fees, to share in the cost of improvements to Hancock Road.
. COUNTY MANAGER'S DEPARTMENTAL BUSINESS
MUNICIPALITIES/RESOLUTIONS/RIGHTS-OF-WAY, ROADS & EASEMENTS
ROADS-COUNTY & STATE
Mr. Pete Wahl, County Manager, asked that this request, from Public Services, for approval of a resolution for Lake County to join with the City of Leesburg in condemnation of property for right-of-way for the East-West Connector be withdrawn at this time, to be acted on at a later date, due to the fact that the County Attorney is presently working on an interlocal agreement that has to go concurrently with the resolution involved and said agreement has not been finalized, as the County is still dealing with the City of Leesburg regarding the terms of said agreement.
It was noted that said terms are hoped to be finalized by November 17, 1992.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
Contracts, Leases & Agreements/Finance/Human Resources
Public Services
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Human Resources for authorization to execute the "General Release Agreement" between Donald R. Gerkey and Lake County, a political subdivision of the State of Florida, and authorization for the Clerk's Office to release the check.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
ENVIRONMENTAL SERVICES
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the County Manager for approval of the Proposed Scope of Service for the Cooperative Waste Flow Study with Polk County.
RESOLUTIONS/SHERIFF'S DEPARTMENT
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request from the County Manager for approval of a resolution in support of the Career Service Program within the Office of the Lake County Sheriff.
COUNTY EMPLOYEES/FIRE & EMERGENCY SERVICES
Mr. Pete Wahl, County Manager, explained this request.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Fire & Emergency Services for approval of the creation of the Company/Courtesy Inspection Program, and approval of the Fire Inspector's position, to become effective November, 1992.
At this time the County Manager introduced to those present the new Fire & Emergency Services Director, Mr. Craig Haun, who he noted had come on board Monday, November 2, 1992.
LAND DEVELOPMENT REGULATION/ZONING
Mr. Pete Wahl, County Manager, explained this request.
Ms. Cecelia Bonifay, Attorney, representing several clients who would be affected by this request appeared before the Board stating that the issue had been discussed with staff and people had gone forward, relying on the Comprehensive Plan that has been in existence, as well as the actions of staff, and expended considerable sums of money. She stated that it has been the policy of the Board to consider applications that were pending, under the rules and regulations of the Plan that was in effect at the time that they were applied for, since the beginning of the Comprehensive Plan process, noting that the policy was either illegal then or it is illegal now. She stated that said process has been going on for over two years, therefore, feels that people
were misguided. She stated that people cannot just put their lives on hold while the Government tries to work things out, therefore, requested the Board to not refund the rezoning application fees, but, rather consider the cases when they come before the Board under a vesting provision and under the terms of the County's existing Comprehensive Plan and the language of the Land Development Regulations. She stated that, to do otherwise, was going to be inequitable and may result in claims against the County.
Ms. Annette Star Lustgarten, County Attorney, stated there is a concern that, when the items come to the Board for consideration, they may be inconsistent with the Comprehensive Plan that the Board will be considering this date, assuming that it goes forward. She stated that anyone going forward with an application would be party to any litigation that may occur, therefore, felt that the Board may want to wait until the items come before them at the Zoning meeting, and, if they are inclined to refund the application fee, depending on how they respond to each one of the items, might wish to act at that point in time, to which Commrs. Bailey and Gregg concurred.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a request from Land Development Regulation to refund rezoning application fees for those individuals affected by the Comprehensive Land Use Plan Map, however, the Board will consider each application on a case-by-case basis, with all factors involved being taken into consideration.
LAND DEVELOPMENT REGULATION/PLANNING/STATE AGENCIES
Mr. Pete Wahl, County Manager, explained this request, stating that, since this is a project that has been on the books for some time, inasmuch as the Affordable Housing Task Force and the Affordable Housing Program is in the process of development and no specific criteria and guidelines have been developed, felt that the Board might want to consider an option in which they accept this request as an affordable housing project, but that the actual
determination of a discount, or supplanting of impact fee dollars, be postponed until a later date, when the actual criteria for the Board's program is established, to which Commr. Swartz concurred.
Mr. Mark Ricker, a member of the Affordable Housing Task Force, representing Habitat for Humanity, appeared before the Board and asked that this request be tabled, at this time, due to the fact that the Task Force is presently dealing with the matter, and, the fact that the ordinance has not yet been approved.
Mr. Robert Chapman, III, representing the Southlake Community Foundation, which he noted is the not-for-profit sponsor of the first phase of the new Southlake community, appeared before the Board stating that one of the stipulations in the development order that the Board adopted pertains to the State Department incentive loan and that part of the process of obtaining that loan was a competitive scoring and ranking of applications, and that the Lake County Affordable Housing Ordinance, which provided for a 40% discount, was viewed very favorably, in terms of enabling the Southlake Community Foundation to receive a $2.8 million, 3% loan, which he noted expires this month. He stated that the key issue in financing a construction project is to be able to demonstrate that one has in hand all the sources of funds necessary to complete the job. He stated that, due to various reasons (which he noted), money is very, very tight, therefore, the 40% discount is extremely important, as it is a make-it or break-it factor for them.
Considerable discussion occurred regarding this request, at which time Ms. Annette Star Lustgarten, County Attorney, informed the Board that if they granted a waiver, they would have to identify the source of the County's funds at that time.
A motion was made by Commr. Swartz and seconded by Commr. Hanson to table a request from Land Development Regulation for consideration of a waiver for forty percent (40%) of the required road and school impact fees for Southlake FQD (Florida Quality Development), for the provision of affordable housing, and to refer
it to the appropriate committee, after adoption of the changes in the Impact Fee Ordinances.
Under discussion, Commr. Swartz stated that the project is planned to be affordable, however, the loan requires that it be for affordable housing. He stated that the question is going to ultimately be the people that he rents to and whether they meet the low income or moderate income criteria, noting that if they do, the unit would qualify for whatever waiver might be available through the County.
Mr. Chapman stated he would like to pay the $145,118.40 at closing and set aside the amount of the discount ($96,000), then, if there are unresolved issues, as the Task Force moves forward and does its work, the County would have an identified source of funds to make the County whole.
Mr. Wahl, County Manager, interjected that, from his perspective, what Mr. Chapman was offering the Board is something akin to a Letter of Credit, or a bond, for the remainder of the outstanding impact fees and he would feel more comfortable if said money was a cash deposit in the name of the Board of County Commissioners, so that, in the event the rules change or the Task Force came back with a negative response, the County would be assured of receiving its dollars, without going through a lengthy period of litigation, to which Mr. Chapman responded, stating that the money is not theirs to put up in cash, due to the fact that it is now restricted as a $1 million operating reserve fund, deposited with Nations Bank Trust, as Trustee for the Florida Housing Finance Agency, to be released when the project is completed.
Mr. Chapman stated that the Southlake Community Foundation could give the County a note, specify the source of payment of that note, and inform the parties involved that it had been assigned to the County.
Further discussion occurred, at which time Commr. Gregg stated that Mr. Chapman had proceeded with the idea that there would be a 40% discount available to his project, concerning road and school
impact fees, and felt that if Mr. Chapman was willing to set aside funds in a reserve account, and if the timing was such that the Board was going to make a decision, based on the Task Force's recommendation, before a Certificate of Occupancy is issued, felt that the County had all the guarantees that it needed.
The Chairman called for a vote on the motion, which was carried unanimously.
A motion was then made by Commr. Gregg and seconded by Commr. Bailey for the Board to allow payment of impact fees on the Southlake FQD (Florida Quality Development) project, no matter what it amounts to, and whether it is discounted or not, and to allow for payment sometime between issuance of the building permit and issuance of the Certificate of Occupancy, with 60% to be paid at the building permit request time and the remaining 40% to be paid prior to the Certificate of Occupancy.
A brief discussion occurred regarding the motion.
The Chairman called for a vote on the motion, which was carried unanimously.
ACCOUNTS ALLOWED/BONDS
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Land Development Regulation to accept a Reclamation Bond, in the amount of $100,000, for a temporary asphalt plant to be located adjacent to the Florida Turnpike and west of N. O'Brien Road.
PUBLIC HEARING
PUBLIC SERVICES/ROADS-COUNTY & STATE/STATE AGENCIES
Mr. James Kimbler, AICP, District Planning Manager, Florida Department of Transportation (FDOT), appeared before the Board to give a presentation concerning the Florida Department of Transportation's Tentative Five Year Transportation Plan (Highway Portion) for FY 1993-94 through 1997-98, for Lake County. He distributed a preliminary draft of said plan, which he reviewed with the Board, stating that no projects were delayed or deferred for Lake County, and noted that FDOT added to the countywide
balance $3.2 million for future use by the County, as well as reinstated right-of-way on the SR 19 project, at a cost of approximately $5.4 million, for FY 1995-96.
Mr. Steve Moon, Florida Department of Transportation, appeared before the Board to discuss the Florida Department of Transportation's Tentative Work Program concerning Turnpike projects in Lake County for FY 1993-94 through 1997-98. He distributed a handout pertaining to same, which he reviewed with the Board.
Mr. Tony Otte, City Manager for the City of Tavares, appeared before the Board and questioned Mr. Kimbler regarding what was going to happen between the present time and FY 1996, concerning S.R. 19, to which Mr. Kimbler responded, stating that the design is underway, however, funding will not be available until FY 1995-96. Mr. Otte then questioned Mr. Kimbler regarding the road project involving U.S. 441 from S.R. 19 and Orange Avenue to Lake Shore Drive, to which Mr. Kimbler responded, stating that the preliminary engineering is to begin in FY 1993-94, however, meetings are still scheduled between the cities and the County to resolve an issue involving same.
Ms. Debbie Stivender, representing several clients, appeared before the Board and questioned Mr. Kimbler regarding the status of a study that is being done concerning the portion of road from U.S. 441, at the Mall, to S.R. 44B, noting that it was a project that was left over from last year, to which Mr. Kimbler responded, stating that the bulk of the funding for that project is included in the current fiscal year, so it is underway. He stated that he did not have a completion date for the project, but would get back with Mr. Jim Stivender, Director of Public Services, regarding the matter.
Ms. Pat Mayhill, City of Eustis, appeared before the Board and questioned Mr. Kimbler regarding the status of the widening of SR 19, through the City of Eustis, to which Mr. Kimbler responded, stating that that project was reviewed recently and was found to
have a significant drainage problem. He stated that the cost of repairing the drainage problem and restoring the road to its current capacity would be approximately $1,750,000, and that it would cost an extra $750,000 to widen the road, which would bring the total cost of the project to approximately $2.5 million. The matter is to be further addressed at a later date.
The Board thanked Mr. Kimbler and Mr. Moon for their presentations.
No action was required.
COMMISSIONERS' BUSINESS
APPOINTMENTS-RESIGNATIONS/LIBRARIES
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Commr. Bailey to appoint Ms. Terry Moherek as the representative of Cooper Memorial Library, on the Lake County Library Board, replacing Ms. Dayle Matthews.
ADDENDUM NO. 1
COMMISSIONERS' BUSINESS (CONT'D.)
RESOLUTIONS/VETERANS SERVICE
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Commr. Swartz for approval of a resolution reaffirming the gratitude of the Lake County Board of County Commissioners and the citizens of Lake County, by proclaiming November 11, 1992 a day of celebration and remembrance, dedicated to those men and women who have served in the Armed Forces.
ADDENDUM NO. 2
COMMISSIONERS' BUSINESS (CONT'D.)
GRANTS/MUNICIPALITIES/RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Commr. Hanson for approval of a resolution supporting the Mt. Dora Historic Society in their efforts to obtain grant monies to preserve the Unity House.
RECESS & REASSEMBLY
At 10:25 a.m., the Chairman announced that the Board would take a five minute recess.
PUBLIC HEARING
CONTRACTS, LEASES & AGREEMENTS/LAND DEVELOPMENT REGULATION
PLANNING/STATE AGENCIES
Mr. Jake Varn, Attorney, with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, in Tallahassee, Florida, who is representing Lake County concerning the Comprehensive Plan, appeared before the Board and discussed some handwritten changes which were made to Exhibit B (Comprehensive Plan Amendments), noting that they were not of the substantive variety, but were technicalities and clarifying language. He then referred to a memo that was sent to Mr. Mark Knight, Planning Department, dated October 28, 1992, noting further changes to Exhibit B, which were made to Pages 26, 35, 36, 37, 69, 70, 127, 128, and 129 and a memo he had sent to Mr. Charles Pattison, dated November 2, 1992, concerning revisions to the Stipulated Settlement Agreement (Page 33, Provision 1.g.(1) of Policy 1-1.13 and a revision to Policy 1A-2.11, on Page 68), which he reviewed with the Board. He noted further changes which Ms. Lustgarten, County Attorney, found while reviewing Exhibit B, prior to this meeting, contained on Pages 51, 79, and 97. He stated that the Future Land Use Map (which was originally known as Exhibit A, however, is now known as Exhibit B.1), attached to Exhibit B, dated November 3, 1992, contained no substantive changes.
Mr. Varn informed the Board that he was obligated to report to the Hearing Officer what action the Board took this date, so that the Hearing Officer could figure out what the next step would be.
Mr. Alton Roane, Director of Development Services, City of Eustis, appeared before the Board inquiring as to exactly what the Board would be doing this date regarding the Stipulated Settlement Agreement and the Comprehensive Plan Amendments, to which Commr. Bakich responded.
Mr. Roane then requested a copy of the Future Land Use Map, which the Board would be adopting this date and transmitting to the Department of Community Affairs, noting that it was not the map that had earlier been distributed to the public. He discussed ongoing concerns of the City of Eustis, stating that they feel they have a formal agreement with Lake County that requires the County to adopt certain portions of the Eustis planning area into the County's Comprehensive Plan. He stated that the City of Eustis relied on that Plan and expended a considerable amount of money in developing it.
Commr. Bakich responded to Mr. Roane's comments regarding the agreement between Lake County and the City of Eustis, noting that it was the Board's opinion that they should work towards settling the County's disagreement with the Department of Community Affairs and then work towards settling any other problems, in terms of land use amendments. He stated that the Board is not ignoring the issue, they are just delaying numerous items that need to be addressed, so that they can overcome the problem the County is having with the Department of Community Affairs. He stated that, as far as the Future Land Use Map is concerned, a corrected map will be made available to those requesting it.
Mr. Jim Mayfield, Lady Lake, appeared before the Board, stating that he wanted to go on record as opposing the Lake County Comprehensive Plan or any other comprehensive plan.
Mr. Greg Beliveau, Land Planning Group, Inc., appeared before the Board and requested clarification on Policy 1-2.2, on Page 76 of proposed Exhibit B (before the Board this date), dated October 14, 1992, which deals with the 100 year flood plain and the issue of minimum lot sizes, to which Mr. Varn responded, stating that the maximum density of one unit per acre are for those lots being served by septic tanks and individual wells.
Mr. Casey Contini, a resident of Sugarloaf Mountain, appeared before the Board stating that he was objecting to the Future Land Use Map, as presented this date, primarily because it represents urban sprawl, in a number of areas, particularly the Sugarloaf Mountain area, which he elaborated on.
Mr. Rolon Reed appeared before the Board as Special Council for 1000 Friends of Florida and distributed (for the record) a letter from Mr. Richard Grosso, Legal Director, 1000 Friends of Florida, as the written objection of 1000 Friends of Florida, as well as their client, Mr. Hal Turville, to the Comprehensive Plan Amendments scheduled to be approved this date. He read a portion of said letter into the Minutes, which stated that although the proposed amendments are an improvement over the existing adopted Plan, they still do not bring the Plan into compliance with State law and, thus, do not adequately resolve the issues that 1000 Friends of Florida are raising in the current challenge to the Plan. He stated that, if the amendments are adopted in their present form, 1000 Friends of Florida will be required to maintain their challenge to the Plan, regardless of the position of the Department of Community Affairs.
Mr. Reed then referred to other portions of the letter which pointed out problems they 1000 Friends of Florida have with the Future Land Use Map; the intensity and density of development proposed for the Area of Critical State Concern, in the southern part of the County; and the County's system of reserving capacity. He noted the letter also stated that the comments contained in it were based on a draft amendment proposal which was hand-delivered to their office last week, noting that they were not privy to subsequent negotiations between the County and the Department of Community Affairs, thus, could not comment on any proposed language resulting therefrom. The letter also stated that Chapter 163 of the Florida Statutes requires that all intervenors be given the opportunity to participate in all settlement meetings, and that regardless of the Department of Community Affair's position, they will continue to seek an appropriate plan for positive growth in Lake County which is in compliance with the Growth Management Act. Speaking for himself, as a resident land owner in Lake County,
and as attorney for the Lake County Conservation Council, as well as for Mr. John Benton of Eustis, Mr. Egor Emery of Mt. Dora, Mr. William "Bill" Good of Yalaha, Ms. Patricia Leonard of Eustis, Mr. Richard Seron of Tavares, Ms. Mary Smith of Leesburg, Ms. Karen Turville of Clermont, who he stated are all intervenors in the proceeding he had alluded to earlier, Mr. Reed discussed what he termed a violation of the Florida Statutes, regarding the intervenor issue, noting problems they had with same.
Mr. Mike Cronin, a resident of Sugarloaf Mountain, appeared before the Board stating that he was against the present Future Land Use Map and requested that action regarding it be postponed until the new Commissioners were sworn in (on November 17, 1992) and allowed to vote on it.
Mr. John Hall, President of the Friends and Neighbors of Central Florida, appeared before the Board stating that they oppose the present Future Land Use Map and noted reasons for their opposition. He stated that 2,600 acres of land in the Sugarloaf Mountain area were not on the map as of July 1, 1991, however, recently appeared on the map. He questioned Mr. John Swanson, Director of Planning, regarding the density classification shown on the map, to which Mr. Swanson responded.
Mr. Hall questioned how much commercial and industrial zoning could be put in a suburban density, to which Mr. Varn, Attorney, responded that, throughout the County, there are 1,400 acres that could be put into commercial and 631 acres that could be put into industrial, which he noted includes the PUD.
Mr. Hall then stated that the majority of the people present at this meeting had been coming before the Board time and time again opposing high density PUDs in the Sugarloaf Mountain area, yet, consistently, the Board has voted, with a majority vote, to approve PUDs in a rural area, which he felt was wrong and not abiding by the wishes of the people.
Mr. Rob Merrill, an attorney from Daytona Beach, appeared before the Board representing the Roper family and some property
that they own in the southeast portion of the County. He stated that his client in presently in litigation with Lake County concerning the County's Comprehensive Plan, for a number of reasons.
Ms. Lustgarten, County Attorney, interjected that Mr. Merrill was referring to litigation that the County is involved in regarding the Glen Garry development.
Mr. Merrill, Attorney, discussed concerns that his client had with changes in the Comprehensive Plan, noting that their property is located very close to Disney World and is a prime area for medium density urban expansion, and that it ignores the Comprehensive Plan of Orange County. He stated that he felt a solution to the problem would be to come back with an amendment, to which Commr. Bakich responded that the Board cannot give everyone everything they want.
Ms. Cecelia Bonifay, Attorney, appeared before the Board stating that she was present representing a number of individuals who own property, reside, and/or operate a business within the boundaries of Lake County, who are affected by the County's Comprehensive Plan, at which time she submitted a list of same, for the record. She stated that she was also present representing a new client, Mr. Jerry Eggebrecht, who had just found out that four years of his life, and approximately $2 million, had been annihilated by the Comprehensive Plan. She stated that her clients feel it is time for Lake County to put a Plan in place that is acceptable to the Department of Community Affairs and to begin an amendment process to address other issues, therefore, urged the Board to make a determination this date.
Ms. Bonifay, Attorney, distributed a map indicating the Eggebrecht property, for the Board's review, stating that Mr. Eggebrecht started four years ago putting together a large parcel of property that, based on the County's areawide DRI study, was to be a central location for all commercial and industrial activity in Lake County and would be supported by all types of low, moderate,
and high density residential and commercial uses. She stated that Mr. Eggebrecht had since found out that what is now proposed for that area is rural, which decimates any and all plans that he had for further development. She stated that her client was requesting a map change to reflect a suburban density, which would allow him to do at least one unit per acre or more on his property. She stated that he is also pursuing a vested rights determination, this date, in his favor, however, if the Board is not inclined to do so, requested that they not take any action that would prejudice exhaustion of his administrative remedies, which she noted may end up with an appeal to this Board or to the Circuit Court. She stated that her client's request is twofold - (1) to modify the map to reflect a suburban density, based on the map she submitted to the Board, or (2) to grant him vested rights to develop said property as a suburban parcel.
Mr. Keith Ray, a local property owner, appeared before the Board stating that he and his partner own a piece of property known as Sawgrass PUD, on U.S. 27 in south Lake County. He objected to the shrinking of the area known as the Bramalea Urban Node, which he elaborated on, noting that it happens to leave his property outside that area and causes him a great deal of concern. He requested the Board to readdress the issue, noting that he did not feel it was in anyone's best interest.
Mr. Don Kemp, a local resident, appeared before the Board and discussed discrepancies that he felt were in the Future Land Use Map, as well as a comment he stated was made that, if the map is not approved, it is going to hold up growth in the County, noting that he had inquired about the issue and was told that there are presently 45,000 buildable lots in Lake County and that the Building Department issues building permits at a rate of approximately 2,500 per year. He requested the Board to slow down the Comprehensive Plan process.
Mr. Steve Richey, Attorney, appeared before the Board and submitted (for the record) a list of individuals he represents that
are affected by the County's Comprehensive Plan. He stated that he was present, in particular, to speak on behalf of Mr. Dominic DiNapoli, Special Trustee for the United States of America, John McNamara Trust, Price Waterhouse, which he noted is the property known as Harbor Hills. He stated that, in looking at the proposed Stipulated Settlement Agreement and the proposed Future Land Use Map, the intensity and density established in same substantially effects the ability of Mr. DiNapoli to proceed with the Harbor Hills development, as well as additional lands that are included in his care. He stated that, based on the Federal court orders that have been entered, requested the Board to condition the approval, this date, and not violate the court order that has been entered, protecting his client as Special Trustee. He stated that the people of Lake County want to encourage economic growth and jobs in the County, but that what is proposed to be adopted this date, will add levels of control to uncontrolled and controlled development in the County, and his concern is that it will inhibit the Board's goal in providing economic diversification and job growth in Lake County. He requested the Board to be sensitive, while they go through this process, to the County's overall goal, which is diversifying the economy of the County.
Ms. Susie Bergman, a local realtor, appeared before the Board stating that she was present on behalf of the Leesburg Board of Realtors, Concerned Citizens for Positive Growth, as well as a lot of her clients, regarding the County's Comprehensive Plan. She stated that the Board is not going to please everybody and requested them to go forward with the Plan, noting that she felt they had done as good a job as they could and that they needed to move ahead.
Mr. Claude Smoak, a former Lake County Commissioner and a resident of the Green Swamp, appeared before the Board stating that, during the past four years, the County has had a Board that has been gridlocked and could not make the progressive kind of decisions they needed to. He stated that the Comprehensive Plan
before the Board, this date, was going to affect everybody's lives and he could not ask them to support it, because the majority of the language was written by "ghost writers" in the bureaucracy. He stated that it is not developed by people who represent this side or that side of the issue, but by people who have no feelings for this county, who have no understanding of the needs of the people of this county, who have no conception of the reality of a future for people of this county who need employment, yet they are making the decisions. He requested the Board, on behalf of the people of this county, to work together, vote their conscience, give everybody a fair hearing, and stop the business of group against group and ideas against ideas. He suggested having the landowners and environmentalists sit down together and try to develop areas of common concern that the County can build on rather than tear down.
Mr. Bill Good, a resident of Yalaha, appeared before the Board stating that he concurred with what Mr. Smoak suggested, in trying to have the groups work together to find some way to, in good faith, settle their disagreements with the Department of Community Affairs. He stated that there does seem to be an appearance of impropriety concerning the Future Land Use Map and encouraged the Board to not make a decision regarding the Comprehensive Plan this date, but to postpone action regarding the matter until a later date, continue to negotiate with the Department of Community Affairs, and allow the new Board members to have input in the matter.
Ms. Barbara Kent, a resident of Eustis, appeared before the Board stating that she had been before them time and time again to try and convince them that there are needs that farmers have that have not been addressed. She suggested that the Board listen to the various points of view presented by people who pay taxes in this county and who care about what is going to happen to the County in the future. She stated that she felt the people of the County had spoken, most dramatically, on the change they want in the direction of controlled growth, during the recent election.
She submitted, for the record, a letter she had written to the Board regarding the Future Land Use Map and how she felt it affected farmers and their rights, concerning the use of their land, which she read into the Minutes.
Commr. Hanson questioned Mr. Varn as to whether or not PUDs were allowed in a rural district, to which he responded, stating that PUDs would be allowed, but only at one unit per five acres.
Commr. Hanson then questioned the issue of clustering, to which Mr. Varn responded that the Department of Community Affairs' view is that clustering would still be desired, even in a rural setting, but it would be governed by the one unit per five acres.
Mr. Varn was questioned as to whether PUDs were still permitted in the Green Swamp, to which he responded that they were. He then discussed differences between the original Comprehensive Plan and the Plan before the Board this date, noting that it upsets him when he hears comments that the Board participated in actions that were improper, stating that, from his standpoint, the only thing that was improper in the process was that the Department of Community Affairs could not make up its mind and he did not know exactly how to deal with that. He stated that he did not feel they did anything that was outside the law, noting that this project had been a difficult, time consuming project. He stated that it had been the worse experience he had had, in 25 years of dealing with the Government. He stated that the Plan is not something he is particularly proud of, however, feels that it is a reasonable one. He stated he is aware of the fact that, based on the Plan the County originally adopted, there are a lot of people who are getting hurt, however, feels that the reason they are getting hurt is because they perceived they had something that they do not have, noting that, realistically, what the County adopted was not a Plan that was in compliance with the law. He stated that they tried to look out for the little people and placed provisions in the Plan to protect them. He stated that there are counties that have gotten more and counties that have gotten less and this county is
somewhere in between. He stated that, in his opinion, the process has a lot of things that need to be corrected and hopes that one day they will be.
Commr. Gregg stated that it had been a long hard road and that he was not proud of this Plan, by any means, but, felt that it was the best alternative the Board was going to be able to come up with for Lake County, therefore, was going to support it, for that reason.
Commr. Hanson stated that she felt the Plan was a reasonable, fair plan, however, was not perfect and feels that the County is going to be working on amendments after amendments, but that is the way the process has got to work. She stated people have to remember that, not only does the County have the Future Land Use Map, but they have all the written regulations that go along with it, which she noted has often been overlooked, but is very important.
Commr. Bailey stated that he felt the key to this issue was the amendment process, alluded to by Commr. Hanson. He stated that there are some areas that concern him, such as the Green Swamp and Sugarloaf Mountain, noting that people in the Sugarloaf Mountain area are saying that too much development is being proposed for their area and people in the Green Swamp are saying that the County is being too restrictive in theirs. He discussed the issue of the new Board and references made that they should have input, before a decision is made, noting that if the new Board believes an area should be revisited, then they should do it, but that this Board needed to move on and not continue with the issue at this time.
Commr. Swartz questioned Mr. John Swanson, Director of Planning, as to the size of the rural villages designated along the northeast part of the County, along Hwy. 44, to which Mr. Swanson replied that it is approximately 900 to 1,000 acres.
A brief discussion occurred regarding this issue, at which time Commr. Swartz stated that the reason he brought the matter up was due to the fact that, at the Board's last meeting, there was
discussion about the rural village concept and the need to readdress it, as on the Future Land Use Map said areas were significantly reduced and in no way reflect the concept that the rural villages are supposed to be. He stated that another concern he had was about commercial use within a suburban district, which he elaborated on. He stated that, in the Plan, there are conflicting policies, noting that on the one hand it states that the County should not allow linear commercial highway corridor type development, but, with urban expansion in a suburban district, commercial can be put anywhere, noting that these are conflicting concepts and should be nailed down. He stated that there is no question that the County has land uses that are not consistent with the adjacent land, noting that Sugarloaf Mountain is one example. He stated that there is true agricultural land that, on the map, has been designated as urban, urban expansion, and suburban. He stated that there is not a single acre of land designated on the map as agricultural, noting that the closest thing to it is rural.
He stated that he does not believe the County has done as good a job as they could have and that it was never his intention to let the Department of Community Affairs dictate what Lake County did, noting that he wanted to see the Board do a good job and come up with a Plan, for the future of Lake County, that would protect all its people. He feels that the Goals, Objectives, and Policies are better than what they were, but have many loopholes, noting that there are many places where it is truly inconsistent with the map. He stated that, if the Board decided to accept the Stipulated Settlement Agreement before them this date and modify the Comprehensive Plan, he would have to vote "No", because he felt it was less than the best.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved and authorized the Chairman to execute the Stipulated Settlement Agreement between the Department of Community Affairs and Lake County, which included Exhibit A (Notice of Intent to Find the Lake County Comprehensive Plan Not In
Compliance) and Exhibit B (Comprehensive Plan Amendment), with changes incorporated this date into Exhibit B, required to bring the Comprehensive Plan into compliance.
Commr. Swartz voted "No".
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved and adopted Ordinance No. 1992-10, adopting the amendments to the Lake County Comprehensive Plan, which will reflect the changes incorporated into Exhibit B, of the Stipulated Settlement Agreement.
Commr. Swartz voted "No".
The County Attorney, Ms. Lustgarten, informed the Board that staff had transmitted an amendment to the Comprehensive Plan, on August 25, 1992, in anticipation of the Administrative Hearing, noting that all the changes that were incorporated in that transmittal, as well as what the Board approved this date, in relation to the Stipulated Settlement Agreement, were now incorporated into the Comprehensive Plan Amendment that they had just adopted, therefore, requested them to withdraw the transmitted amendment to the Comprehensive Plan, so that the Department of Community Affairs would only be reviewing the amendment that was adopted this date.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the above stated request, by the County Attorney.
RECESS & REASSEMBLY
At 12:20 p.m., the Chairman announced that the Board would take a five minute recess.
PUBLIC HEARING
ENVIRONMENTAL MANAGEMENT/LAND DEVELOPMENT REGULATION
ORDINANCES
Commr. Hanson stated, for the record, that she had spoken with the individuals involved in this issue, before the quasi-judicial ruling went into effect.
Mr. Jim Barker, Director of Environmental Management, appeared before the Board to discuss the County's Agricultural and Silvicultural Management Plan and a complaint that was investigated by staff, in 1990, in relation to the Plan, at which time he was sworn in. He stated that a 434 acre parcel of land, located in the Wekiva River Protection Area, had been cleared and some wetlands altered, noting that the Wekiva Protection Ordinance requires that, before any agricultural or silvicultural operation is proposed and begun, a management plan for both of those activities are to be approved by the Board and a notice issued, as to when said activities are to begin. He stated, however, that this did not take place and that staff had been trying, for the past two and one-half years, to resolve the issue, by allowing the activity for agricultural and silvicultural to take place in the Wekiva Basin, as legitimized by the ordinance, while still trying to resolve the removal of trees, through a mitigation plan, as well as allowing the wetlands to be restored with a restoration plan. He stated that an Agricultural and Silvicultural Management Plan was to be provided by the appropriate agencies and that this Board would be allowed to approve those plans.
Mr. Barker reviewed an aerial map of said property, with the Board, indicating what had been done in various areas of the property. He stated that a lot of the areas are beginning to recuperate and felt that, with the restoration proposal before the Board this date, that the Agricultural and Silvicultural Management Plan could be approved. He stated that there are two specifics that the Board should put in the notice that are not clear within the body of the two plans, being (1) that no further alteration take place within those wetlands areas, as delineated, and (2) that no timber harvesting take place within the buffer areas that will be established around the forested wetland areas. He referred to a memo he had submitted to the Board, dated October 14, 1992, that states the wetland areas will be protected by the pine trees, noting that those would only be the forested wetland areas. He
stated that the Comprehensive Plan calls for Best Management Practices to be followed, in the area in question, which requires that no activity take place within 50 feet of the buffer, and feels that it meets said criteria.
Commr. Swartz questioned the amount of acreage involved in the staking, at which time Mr. Steve Adams, Land Planning Group, Inc., appeared before the Board to respond to Commr. Swartz's question. Mr. Adams was sworn in, at which time he briefly discussed the matter, however, could not indicate, specifically, how many acres of wetlands were involved in the staking.
Ms. Cecelia Bonifay, Attorney, representing the applicants, Mr. and Mrs. Musselwhite, appeared before the Board and informed them that it is clear to her clients that the 50 foot buffer of pine trees is not to be included in future harvestings.
Further discussion occurred regarding this issue, at which time Mr. Barker, Director of Environmental Management, distributed pictures of the property in question, for the Board's perusal, taken by the Water Management District, indicating what they saw, as they flew over the property, on July 25, 1992.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request from Environmental Management that the Agricultural and Silvicultural Management Plan and after-the-fact notice for the Musselwhite Property, located in the Wekiva River Protection Area, be approved, with the condition that there be no further alteration of the wetlands that have been staked and identified, that same be monitored, and that the 50 foot buffer of pine trees buffering the wooded wetlands not be harvested.
LAND DEVELOPMENT REGULATION
Mr. Pete Wahl, County Manager, informed the Board that Public Hearings on the Land Development Regulations had originally been scheduled for November 17 and 24, 1992, however, due to the fact that the new Board members will be sworn in on November 17, 1992,
suggested that said hearings be rescheduled for December 8 and 15, 1992.
It was the consensus of the Board that public hearings scheduled for November 17 and 24, 1992, for the purpose of addressing amendments to the Land Development Regulations, be rescheduled for December 8 and 15, 1992, at 5:05 p.m., as recommended by the County Manager.
At this time, it was noted that this would be the last meeting that Commrs. Bakich and Gregg would be attending, as they would no longer be on the Board, and were commended for the job they did during their tenure as County Commissioners.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:05 p.m.
________________________________
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
SEC/11-3-92/11-12-92/BOARDMIN