The Lake County Board of County Commissioners met in regular session on Tuesday, January 17, 1989, 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: C. W. "Chick" Gregg, Chairman; Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: Christopher C. Ford, County Attorney; James C. Watkins, Clerk and Acting County Administrator: Ava Kronz, Assistant to the County Administrator; Robert K. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.
At this time, the Board discussed the Minutes of January 10, 1989, in order to clarify misspellings and titles of individuals appearing before the Board, and requested amendments be made to the following sections:
On page 16, lines 10 & 11, add a comment by Commr. Gregg stating that the Board will hold Golden Gem to the regulations indicated, and that the Board would shut down the operation if Golden Gem does not adhere to those regulations.
On page 16, line 28, Commr. Windram clarified that the Planning and Zoning Commission had recommended the changes for the accel and decel lanes, and the lanes were not recommended by the Planning staff.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the Minutes of January 10, 1989, as amended.
CLERK OF COURTS CONSENT AGENDA
Accounts Allowed/Bonds - Contractor
Private Industry Council/Reports
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Payment of Warrant #90081 through Warrant #90671 for the following accounts:
Emergency 911 Fund Countywide Fire District
County Transportation Trust Landfills
Pasco Fire District Northwest Fire District
General Revenue Countywide Library
Private Industry Council Mt. Plymouth Fire District
Bassville Fire District Fine & Forfeiture
Fish Conservation Paisley Fire District
Mosquito Control South Lake Fire District
Aquatic Weed Road Impact
Section 8 Eustis Section 8
Special Assessments Law Library
Capital Outlay Northeast Ambulance
Contractor Bonds as follows:
0671-89 Quinton Downing (Aluminum Contractor)
1183-89 David L. DeLancett dba Dave's Mobile Home Repair
(Mobile Home Repair)
1870-89 Linda Beal (General)
3029-89 Thomas L. Hanson (Electrical)
4384-89 James E. Todd (Plumbing)
4674-89 King & Sorg Electric, Inc. (Electrical)
4675-89 Derek O'Donoghue dba E. I. S. (Electrical)
4676-89 Christopher M. Murphy dba CMM Structures Corporation
4677-89 Southern Truss Group, Inc. (Building)
4678-89 Paul Anthony Carroll dba Carroll's Air Conditioning
4679-89 Carl J. Healy dba Decar, Inc. (Roofing)
4680-89 Robert 0. Brewer (Heating & Air Conditioning)
4681-89 William Heichel dba Heichel Plumbing (Plumbing)
4254-88 William C. Tindale dba Bill Tindale Installation
4307-88 Charles B. Stokes, Jr. (Electrical)
4383-88 Yankee Construction, Inc. dba Olympic Homes
4386-88 William E. May dba Mayfair Plumbing, Inc.
Acknowledged receipt of the cumulative participant activity reports for Lake County from July 1, 1988 to December 31, 1988, from the Volusia, Lake, Flagler, Private Industry Council.
Mr. Robert K. McKee, Chief Deputy Clerk, presented a report to the Board on the status of the current telephone system within the Courthouse.
Mr. McKee stated that the present system is an SLl telephone system, and that it occassionally experiences minor problems. Originally, the system had 18 trunk lines, and 200 ports (extensions). Over the 11 year period that the system has been in place, there has been 4 trunk lines and 200 more ports dded, which accounts for the overload on the system. He stated that the recent problems have occurred because of the overload, and because of a tape drive mechanism, and a group of computer boards which run the system going out at the same time and partially destroying the data base, which routes the calls.
Mr. McKee informed the Board that, once the problems were isolated, the system was repaired. He stated that Vista Communications, which is a subsidiary of Disney, is the wholesaler of the system. They informed him that the system is obsolete, and they are no longer going to provide parts for the system.
Therefore, the County is at a point where it is going to have to provide an entire new system.
Mr. McKee stated that he has discussed obtaining a new system with GTE, who is the vendor providing the 911 gears and switch, and GTE has some recommendations for the County that will allow the County to enhance the 911 switch capability and provide the County with a more than adequate phone system.
Mr. McKee noted that he will be meeting with GTE personnel on Wednesday morning. They will present a proposal, then perform an analysis of the system, which will take approximately three days to complete.
Mr. McKee added that this GTE system would have no ill effect to the 911 system, and will be expandable to the new Criminal Justice/Jail Facility.
Commr. Gregg stated that it is important that the County get the telephone system corrected, to present a good public image and provide the public with good service and communication.
Mr. James C. Watkins, Clerk and Acting County Administrator, noted that he will return to the Board with approximate cost estimates at a later date.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COURTHOUSE
Mr. McKee updated the Board on the Old Courthouse Restoration Project, involving the replacement of a number of the windows on the North, West, and East sides. He stated that there are two different options for the replacement of those windows, and noted that almost all of the windows are different sizes.
Mr. Watkins recommended that the Board utilize the monies from Contingency to complete the project. He also recommended that the Board choose Option II, which are the true divided light windows, with solar grey tint glass, at approximately $50,000.00, over budget.
Mr. Michael McCabe, Project Manager, Barton Malow, stated that the South side is in a similar state, but will not be seen, therefore, does not have to be replaced. He noted that "window replacement" was not included in the original grant.
Commr. Gregg felt that the true divided light window would be harder to clean and the muttons would need maintaining versus a simulated divided light window, which he feels is more economical.
Commr. Gregg noted that, since the quality of the windows in Option I and II are comparable and would be approximately $50,000.00, over budget in Option II, and approximately $35,000.00, over budget in Option I; he would prefer the Board choose Option I, which is the simulated divided light window.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved to select Option I, Contractor A, of the window options for Phase III, of the Old Courthouse Restoration Project, which is the simulated divided light window, with the solar grey tint glass.
COUNTY ADMINISTRATOR CONSENT AGENDA
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the following items on the County Administrator's Consent Agenda, and authorized proper signatures on same:
Communications/Contracts, Leases & Agreements
Request for the transfer of the ownership of American Cable, Inc. to Showcase Communications, Inc.
Accounts Allowed/Mosquito-Aquatic Plant Control
Request for Eric A. Cotsenmoyer to attend the National Technical Conference in Indianapolis, Indiana, on Sonar (Fluridone), as an aquatic herbicide, which is primarily used for Hydrilla management in Lake County, on February 1-3, 1989, at a cost of $368.00.
Accounts Allowed/Courthouse/Environmental Services
Request for the authorization to renovate space on the 3rd floor of the Old Courthouse, to provide office space for the Environmental Services Division Staff, at an approximate cost of $3,756.00.
Accounts Allowed/Bids/Fire Protection
Request to advertise for bids on protective clothing, fire hose, protective breathing apparatus, and spare air bottles, for Fire Protection, at an estimated cost of $43,005.00.
Accounts Allowed/Fire Protection/Grants
Request from the Pasco Fire District, to go out for bid, to purchase a 1,250 gallon per minute diesel pumper truck, with a 1,000 gallon tank, at an estimated cost of $79,000.00, to be paid by Block Grant Funds.
Accounts Allowed/Fire Protection/Municipalities
Request from the Pasco Fire District, to purchase from the City of Leesburg, a 1,000 gallon per minute pumper, at a cost of $12,000.00.
Accounts Allowed/Emergency Management
Request for Robert Reymont, Director of Emergency Management, to attend the 1989 Disaster Management Conference, on February 10-12, 1989, in Orlando, at an estimated cost of $212.00.
Request for a Resolution for the retirement of Margaret Gebhart after 20 years of service with Lake County.
Right-of-Ways, Roads & Easements/Roads-County
Request for the acceptance of a right-of-way easement from Val Coursey Homes, Inc., for an additional right-of-way, in Grand Terrace Subdivision, for Chain-of-Lakes Road (#5-6245).
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following right-of-way deeds:
Leslie R. Huffstetler, Jr. #4-4858 Dillard Rd.
Peoples Gas System, Inc., #4-5057 Golf Links
A Florida Corporation.
Mr. Watkins discussed the Holiday Schedule for 1989, in regards to County Employees, and suggested adding to that schedule the employee's birthday, as the Clerk of the Circuit Court employees have been allowed in the past.
Mr. Watkins briefly discussed the Clerk's option, during the Christmas and New Year Holiday's, of letting half of the staff off on either Christmas Eve or New Year's Eve, and suggested that the Board do the same.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the Holiday Schedule for 1989, including the employees birthday, as recommended by Mr. Watkins, Clerk of the Circuit Court, as followed by the Clerk's Offices.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request that authorization be given to the County Manager/Administrator to approve employee travel requests to conferences, training, etc., which have been budgeted for the fiscal year.
Commr. Swartz mentioned that there are other budgeted line items, which the Board is approving on a routine basis, which could also be approved without coming before the Board.
Petition No. 529 - Thomas J. Young - Tavares Area
Commr. Windram made a motion, which was seconded by Commr. Swartz, to postpone the request to vacate lots and an unnamed road, in the Oak Haven Subdivision, Tavares Area, until February 21, 1989, to enable staff to meet with Mr. Young and adjoining property owners, as advertised in Petition No. 529, by Thomas J. Young.
Mr. Thomas J. Young, Petitioner, was present to discuss this request with the Board. Mr. Young stated that, if he could get a variance, he would not petition to close the road.
At this time, the Chairman called for a vote on the motion, which was carried unanimously.
Petition No. 530 - Mario L. Mozzillo for Lake Equity
Association and Larry A. Grimes, Sr. - Montverde Area
Mr. Buford Creech, representing his father, was present to discuss this request with the Board. He stated that his father does not want the old Lake Highlands plat changed in any way, and that a retention pond and recreation area will cause many inconveniences. He also stated that his father was not properly notified.
Commr. Swartz noted that he had met with staff regarding this request, and that there are unresolved right-of-way problems associated with it. He also noted, for the record, that notification on the subdivision was made.
On a motion by Commr. Swartz, seconded by Commr. Bakich and carried, the Board denied, without prejudice, the request to vacate a right-of-way, in the Plat of Lake Highlands Company, Montverde Area, as advertised in Petition No. 530, by Mario L. Mozzillo for Lake Equity Association and Larry A. Grimes, Sr., until such time as there is a written access agreement between the parties.
Commr. Windram was not present for the vote.
ENVIRONMENTAL SERVICES/RESOLUTIONS/ROADS-COUNTY & STATE
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the Draft General Mitigation Proposal, prepared for the Orlando-Orange County Expressway Authority.
Mr. Findell introduced Mr. Chip Swindell, Director of Environmental Assessment, Post, Buckley, Schuh & Jernigan, who discussed the problems which were encountered with the plans for the expressway, such as the permitting for the encroachment of any wetland areas on the proposed route.
Mr. Swindell presented the Board with what PSBJ considers to be the five best sites, those being:
Wekiva Falls - which is a good buffer, between Wekiva and BMK Ranch, and they have proposed that the site be purchased by the Orlando-Orange County Expressway Authority, and they could restore the upland and wetland community.
BMK Ranch - which would enhance the CARL program, and would preserve the wetlands, but not create new wetlands.
Lake Apopka - which would enhance a current State program; they could either assist St. Johns River Water Management District with the Lake Apopka wetlands project, do the project for them, or go into the Zellwood district and perform a similar wetlands project.
Regionalized wetland concept - which would develop wetlands or parks along the corridor in various regions, which could be a conservation area and be for public parks and recreation.
Altman property - located along the Big and Little Econlockhatchee Rivers, in Orange County, which has many of the features of the BMK Ranch, and is also being considered by Orange County for acquisition and conservation.
Mr. Swindell noted that, as far as the Expressway Authority is concerned, they are trying to obtain a Conceptual Permit from the St. Johns River Water Management District, and are proposing that the mitigation effort cover the main construction and permitting of the beltway project. He also noted that, in lieu of doing the mitigation efforts as it is constructed, the Expressway Authority would do all of the mitigation in the beginning.
Commr. Gregg stated that the approach is inovative, and he would like to see the Wekiva Falls tract be number one on the list, with BMK Ranch second. Also, he would like Lake County to benefit from the project.
Commr. Bailey reiterated Commr. Gregg's statements relating to the Wekiva Falls and BMK Ranch.
Commr. Bakich questioned Mr. Swindell on the creation of wetlands that will endure for some time.
Mr. Swindell noted that there is a 1,200 acre wetland area in East Orange County, which was developed 1 l/2 years ago, that is being monitored by the Audubon Society, the St. Johns Water Management District, the Department of Environmental Regulations, and the Department of Natural Resources.
Commr. Windram stated that, possibly, this discussion should have been scheduled after the Wekiva discussion, at 2:00 p.m. today.
Commr. Swartz noted that an additional reason to designate the Wekiva Falls tract as the first priority, is that it is already a wetland, and agreed with Commr. Gregg that Wekiva Falls should be first on the list, with BMK Ranch to follow.
Mr. Swindell informed the Board that, when he prepared his priority list, he considered the areas that he felt needed long term protection, but if the Board wished to, they would look at other areas.
Ms. Jennifer McMurtray, Department of Natural Resources, spoke from the audience, stating that the Department of Transportation has been given the right to condemn land when they need to mitigate. She noted that Wekiva Falls has indicated that they are a willing seller, but there are problems with some of the other properties, such as, Seminole Woods, who is an unwilling seller. She felt that it may be beneficial for the County to support the acquisition of various properties, but not put all of their support into the concept that the Department of Transportation acquire Wekiva Falls, because the State may acquire it first.
Mr. Fred Hardin, a member of the Environmental Advisory Group for the Expressway, appeared before the Board and expressed the Group's feelings on mitigation and the project.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously the Board approved that a Resolution of support be prepared to the Orlando-Orange County Expressway Authority, which expresses the Board's preference showing that the Wekiva Falls tract is their first priority and the BMK Ranch is the second priority, l-17-89.for the Expressway's mitigation project.
ACCOUNTS ALLOWED/GRANTS/PUBLIC HEALTH
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to discuss the request from Social Services for approval of the Community Services Block Grant subgrantees, which enables local activities to assist low-income individuals.
Mr. Strickland noted that the recommendations are as follows:
ORGANIZATION TOTAL REQUEST RECOMMENDED FUNDING % OF ALLOCATION
Association for $7,589.00 $ 5,449.00 72
Haven 2,140.00 22,140.00 28
TOTAL $9,729.00 $ 7,589.00 100
On a motion by Commr. Bakich, seconded by Commr. Windram and carried unanimously, the Board approved the request from Social Services Eor approval of Community Services Block Grant subgrantees, in the Recommended Funding amount, as stated above.
LAWS & LEGISLATION/PUBLIC HEALTH
Mr. Strickland appeared before the Board to discuss the request from the Metro-Dade Community Action Agency, to contact area legislators and request their support in the reinstatement of the Community Services Trust Fund. He noted that the 1988 Legislature did not appropriate funding for this fund for 1989, which resulted in approximatly $10,929.00, in lost revenue, that could have been distributed to the County's Social Service Agencies.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously the Board approved the request from the Metro-Dade Community Action Agency, that Lake County contact area legislators and request their support of the reinstatement of the Community Services Trust Fund.
ROAD CLOSINGS - PERMISSION TO ADVERTISE
Petition No. 533 - Cleveland Early - Sorrento Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved the request to advertise that portion of Fifth Street and lots in Craig's Addition, Sorrento Area, in Petition No. 533, by Cleveland Early, and to include the property north of the CSX Railroad track.
Petition No. 534 - Jan & Debbie Cullinan - Groveland Area
No one present wished to discuss this request with the Board.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise an unnamed easement in the Plat of Groveland Farms, Groveland Area, in Petition No. 534, by Jan and Debbie Cullinan.
COUNTY POLICY/RIGHT-OF-WAYS, ROADS & EASEMENTS/ROAD PROJECTS
Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to discuss reaffirming the amendment to the County Road Policies pertaining to the acquisition of right-of-way, on County/City road projects, which had been approved as part of the Five Year Road Capital Improvement Program.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the adoption of the amendment to the County Road Policies, pertaining to acquisition of right-of-way on County/City road projects, which was approved as part of the Five Year Road Capital Improvement Program.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried the Board approved the request to amend the assessment roll, for Special Assessment #SA-50, Highland Lakes Subdivision.
Commr. Windram was not present for the vote.
COUNTY ATTORNEY'S AGENDA
Right-of-Ways, Roads & Easements/Suits Affecting the County
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the following:
Olde Mill Stream Emergency Exit -- Egress Easement;
Windy Hill Foliage, Inc. vs. Lake County -- Stipulation and
On a motion by Commr. Windram, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendation by Commissioner Bakich, to appoint Paul Bryan, to the District 5 seat of the Planning and Zoning Commission, to replace Richard Seuffert, whose term will expire February 28, 1989, and directed a letter of appreciation to Mr. Seuffert.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved the recommendation by Commr. Gregg, to appoint Commr. Swartz to serve as the liaison Commissioner on the Lake County Vocational and Adult Education Advisory Board.
Commr. Gregg brought to the attention of the Board a letter, dated January 9, 1989, which he had received from Sheriff George E. Knupp, Jr., requesting a budget amendment with regards to the Retirement Contribution Rate change, that was effective January 1, 1989.
Mr. Watkins suggested that the Board communicate to the Sheriff that a suit is pending regarding the rate change, and wait until the outcome of that suit before taking action on the request.
Mr. Watkins informed the Board that it was brought to his attention that the County has a policy with respect to the requirement that a certified contractor must install ready-made sheds.
Commr. Gregg stated that a company in his district brought this policy to his attention.
Mr. Watkins noted that Section 70.362, Item 12, of the Lake County Zoning Regulations, states that "All additions on individual spaces must be constructed to Standard Building Code. Additions are limited to screen rooms, awnings, and storage sheds". He noted that Item 13 requires Building Permits for those additions.
Commr. Bakich questioned whether the placement of the ready-made storage shed should require a licensed contractor if the shed is unattached to the dwelling; and added, that if the shed was added on to the dwelling, then that process would require a licensed contractor..Commr. Gregg also felt that, if the sheds were constructed on-site, that process should require a licensed contractor.
Mr. Watkins suggested that the Board request the staff to review the language in that section of the regulations, and change the wording, if they deem it necessary. He noted that the staff will come back to the Board with a written recommendation, with respect to said item.
LAWS & LEGISLATION/LIBRARIES/MUNICIPALITIES
Mr. Watkins discussed with the Board a request from Mary McMahon, Library Coordinator, reqarding several of the cities in the Lake County Library System, which are writing letters to the Board urging them to place a request for increased Library State Aid monies, on the legislative agenda, to be forwarded to Lake County's State legislators.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved to look favorably to the cities' request, to place a request for increased Library State Aid monies on their legislative agenda, to be forwarded to Lake County's State legislators.
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
Mr. Watkins brought to the attention of the Board a letter received from Sheriff Knupp requesting that the Board consider purchasing three mounted radar units and one hand-held unit for the Lake County Sheriff's Department.
Mr. Watkins suggested meeting with the Sheriff to review the funds which are available within the Sheriff's budget: the funds which the Board has reserved in the Sheriff's contingency; determine whether or not this request can be included within the existing budget; and then come back to the Board with a recommendation.
Commr. Gregg suggested that Mr. Watkins and his staff meet with the Sheriff, as recommended, and come back to the Board at a later date with a recommendation on the request. Commr. Gregg also suggested that the Sheriff be present at the scheduled Board meeting.
Mr. Watkins brought another item to the attention of the Board regarding the Sheriff's Department, involving the Special Investigations Building, which is no longer in a confidential location. He stated that the Sheriff no longer wants to utilize that building, because of the unconfidentiality, and would like to lease another space, at a cost of $600.00 a month. It was noted that the present lease is in the amount of $511.00.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved the request from Sheriff Knupp, to lease a confidential space at another location, for the Special Investigations Department, in the amount of $600.00 a month.
COUNTY EMPLOYEES/PERSONNEL/RESOLUTIONS (CONT'D.)
At this time Mr. Watkins stated that he would like to include in the action taken earlier, regarding Margaret Gebhart, who is retiring after 20 years service, that a plaque also be presented to her, along with the resolution.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved for a plaque, along with the customary resolution, be presented to Margaret Gebhart.
Mr. Watkins brought to the attention of the Board that Sheriff Knupp wanted to make the Board aware that he is offering to the Board 13 automobiles from his fleet, which can be made available to the fire districts and other locations within the County. If that is accomplished, then the Sheriff will request the Board to provide him with seven replacement vehicles.
Mr. Watkins noted that he will discuss this matter with the Sheriff when he discusses the Sheriff's budget with him.
MEETINGS/REPORTS/ROADS-COUNTY & STATE AGENCIES
Mr. Henry Fuller, Project Manager, Northwest Beltway, Department of Transportation, appeared before the Board to present an update on the alternatives for the placement of the Northwest Beltway.
Mr. Fuller stated that a Lake County Alternatives meeting has been set for February 7, 1989, 6:00-9:00 p.m., at the Apopka High School, for public input.
Mr. Mark Callahan, Project Manager of the Western Beltway Study, Griener, Inc., appeared before the Board to present them with a detailed analysis on the various alignments, and noted that they have reviewed the engineering aspects, costs, wetlands and land uses of the area.
Mr. Callahan stated that he has presented four recommendations to the Department of Transportation, and will brief the Board on the recommendations of viable alternatives.
Mr. Callahan recommended that all bridge options for State Road 46 be eliminated, and discussed other recommended eliminations. He then discussed the recommended alternatives, which are Alternatives B, E, F & G (as shown on the Northwest Beltway Study Part B, Viable Alternatives Map), as the most viable, and the costs and impacts involved.
Mr. Callahan outlined how the study has progressed over the past two years, and noted that throughout the course of this study, they have included an Environmental Advisory Group and a Technical Review Committee in the studies. He stated that, in the first phase of the study, they concentrated on finding an appropriate corrider for the site, with the most critical issue involving the crossing of the Wekiva River. He noted that the two locations of the river crossing, with the least impact, is at State Road 46, or the abandoned railroad crossing.
Mr. Callahan stated that, after further study, the crossing of the river at State Road 46 had serious implications, with respect to Seminole County and the wetlands, due to the location and alignment. Therefore, with that finding in mind, they recommend that the river crossing be located at the abandoned railroad crossing.
Mr. Fuller injected that they will hold a final public hearing for the month of April, possibly in the Mt. Plymouth area of Lake County.
At this time, the Chairman thanked Mr. Fuller and Mr. Callahan for their presentation.
ACCOUNTS ALLOWED/ROADS-COUNTY & STATE
Mr. Jim Stivender, Assistant Director of Public Works, appeared before the Board to discuss the 1988-89 Road Program utilizing the County Transportation Trust Fund, which is the gas tax. He noted that the priorities are established by engineering needs, with the Public Works Department reviewing the County on a district basis, and prioritizing items in each district.
At this time, Mr. Stivender answered various questions by the Board regarding projected and unprojected road projects in certain districts.
Commr. Swartz commented that he would like to see some of the impact fee projects engineered and in process, in a more efficient and economical way.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the approval of the 1988-89 Road Proyram, utilizing the County Transportation Trust Fund (c.T.T.F.), in the budgeted amount of $2,500,000.00.
ACCOUNTS ALLOWED/ROADS-COUNTY & STATE
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the approval of the 1988-89 Impact Fee Program, for arterial roads being either City, County, or State maintained, in the amount of $2,468,000.00.
Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to report on the cities which he has met with regarding the impact fee program. He stated that those cities include Groveland, Mascotte, Minneola, and Lady Lake, with the reception being extremely productive, in giving insight into why these cities had chose not to participate in the impact fee program.
Mr. Strickland noted that, as a result of these meetings, several of those cities are considering to participate in the program.
Mr. Don Findell, Director of Environmental Services and Acting Director of Planning and Development, informed the Board that his department is in the process of compiling a list of impact fee consultants, which will be available at the first Board meeting in February.
ENVIRONMENTAL SERVICES/POLLUTION CONTROL/ZONING
Commr. Bailey mentioned that he would like to see an update on the Bronson Chicken Farm problem, which is in his district. Mr. Watkins stated that he would have staff compile an executive summary for his review.
RECESS & REASSEMBLY
At 11:30 a.m. the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m. for the public hearing on the proposed Wekiva River Protection Act Amendment to the Comprehensive Plan.
LAWS & LEGISLATION/PLANNING & DEVELOPMENT
Commr. Gregg informed the audience that this meeting is to collect public input, and environmental concerns from planners and developers.
Mr. Michael Szunyog, Director of Planning, appeared before the Board to update those present on the Wekiva River Protection Act, such as when it was passed, and the boundaries, which includes 122 square miles in Lake County. He stated that the objectives of the Act are to protect the waters, wildlife, wetlands, habitat, restrict density, and to maintain the rural density and character of the area.
Mr. Szunyog noted that the majority of the land is currently zoned Agricultural, RR, R-l-7, and R-1-15. He outlined the flood prone areas and noted that they coincide with the wetland areas.
At this time, several people in the audience stated that they could not hear the presentation, and that there were a considerable amount of people who were unable to occupy the Board of County Commissioners Meeting Room, due to the size of the meeting area.
On a motion by Commr. Bailey, seconded by Commr. Swartz, and carried unanimously, the Board approved to relocate the afternoon session of the meeting, regarding the proposed Wekiva River Amendments, to the Agricultural Center, on State Road 19, to begin at 3:00 p.m.
RECESS & REASSEMBLY
At 2:20 p.m. the Chairman announced that the Board would recess until 3:00 p.m. in order to give staff ample time to get the Agriculture Center set up for the meeting.
LAWS a LEGISLATION/PLANNING & DEVELOPMENT (CONT'D.)
Mr. Szunyog reiterated his presentation, which he had began in the Board of County Commissioner's Meeting Room.
Mr. Szunyog stated that in Chapter 369, Part III, Florida Statutes, known as the Wekiva River Protection Act, it requires Lake County to amend its adopted Comprehensive Plan and its Development Regulations (zoning ordinances, subdivision regulations and other pertinent codes), to conform to the specific objectives contained in the Act.
Mr. Szunyog noted that those objectives include the protection of the following, as listed in the proposed Wekiva River Act Amentments:
a. Water quantity, water quality and hydrology of the Wekiva River System;
b. Wetlands associated with the Wekiva River System;
c. Aquatic and wetland-dependent wildlife species associated with the Wekiva River System;
d. Habitat within the Wekiva River Protection Area of species designated as endangered, threatened or of special concern pursuant to Rules 39-27.003, 39-27.004 and 39-27.005, Florida Administrative Code;
e. Native vegetation within the Wekiva River Protection Area.
Mr. Szunyog also noted that the land uses, densities, and intensities of development permitted by the comprehensive plan shall protect the resources enumerated above, and shall also protect the existing rural character of the Wekiva River Protection Area. He stated that the Plan shall also include the following:
a. Provisions to ensure the maintenance of viable populations of species designated above by protecting and preserving their habitat;
b. Restrictions on the clearing of native vegetation within the 100 year flood plain;
c. Prohibition of development that is not low-density residential in nature, unless that development has less impacts on natural resources than low-density residential development;
d. Provisions for setbacks along the Wekiva River for areas outside of the protection zones established pursuant to Section 373.415, Florida Statutes;
e. (Section 373.415, also part of the Act, requires the St. Johns River Water Management District to adopt rules establishing protection zones adjacent to water courses in the Wekiva River System, defined as the Wekiva River, the Little Wekiva River, Black Water Creek, Rock Springs Run, Sulpher Run, and Seminole Creek. These rules have been adopted and will be addressed in the proposed amendments to Lake County development regulations.);
f . Restrictions on intensity of development adjacent to publicly owned lands to prevent adverse impacts to such lands;
g. Restrictions on filling and alteration of wetlands in the Wekiva River Protection Area;
h. Provisions encouraging clustering of residential development when it promotes protection of environmentally sensitive areas, and ensuring that residential development in the aggregate shall be of rural density and character.
Mr. Szunyog explained to the audience the purpose of maps, which he had available, including, the flood prone areas, which fall within the 100 year flood zone, the Wekiva River protection area, and the CARL program area.
Mr. Szunyog informed the audience that, in developing the proposed amendment, the Planning Department considered the current Comprehensive Plan, to ensure that it addressed the objectives that are contained in the Protection Act.
Mr. Szunyog read from the Proposed Comprehensive Plan Amendment Wekiva River Protection Area, which dealt with the Land Use Element goal and objective. He also read the portion from Policy 2 A, which deals with restricting the expansion of services and major arterial roads beyond planned urban areas, unless it can be demonstrated that such services, such as central water and sewer facilities, will have less harmful impacts upon the environment than if they were prohibited.
Mr. Szunyog discussed the policy that relates to allowable proposed densities for development within the Wekiva River Area, which has been divided into three sub-areas; Area 1, being major wetland and natural resource areas, with density limited to one dwelling unit per five net acres, and under a PUD proposal limited to one unit per five gross acres; Area 2, being limited to one unit per 2.25 net acres, and under a PUD proposal limited to one unit per 2.25 gross acres; concluding with Area 3, being the least environmentally sensitive area, with density 'Limited to one dwelling unit per net acre on an individual parcel basis, and under a PUD proposal limited to one unit per gross acre.
Mr. Szunyog discussed the section that relates to land within the Wekiva River Protection Area, as defined in Chapter 369, Part III, Florida Statutes, which shall not be developed at greater densities than those described in subsection 1, 2, and 3 of the statutes.
Mr. Szunyog noted that it is strongly recommended that land within the Wekiva River Protection Area be developed under the Planned Unit Development classification of the Lake County Zoning Ordinance. He also noted that lands adjacent to publicly owned lands within the Wekiva River Protection Area may not be developed at densities greater than those shown on the Wekiva River Protection Area Residential Density Map, as previously stated: and that no land adjacent to publicly owned lands within the Wekiva River Protection Area may be developed for commercial or industrial purposes.
Mr. Szunyog discussed that portion of the proposed plan which stated that parcels of land adjacent to the surface waters, and watercourses of the Wekiva River System, shall not be subdivided so as to interfere with the implementation of protection zones. He also discussed the portion regarding the requirement of environmental surveys, to be conducted in accordance with a County approved methodology, to assess the impacts of waterfront development.
Mr. Szunyog read the portion of the plan that dealt with structures built in areas along the Wekiva River that do not fall within the protection zones established by the St. Johns River Water Management District; and that commercial development within the Wekiva River Protection Area shall be discouraged and restricted to certain areas. He also read the portion relating to native vegetation within the 100 year flood plain in the Wekiva River area
and the clearing of such.
Mr. Szunyog discussed the amendments to the Conservation Element objectives, as follows:
Water Resources - to protect Lake County's water resources in view of the benefits that can be derived by present and future residents of Lake County;
Wetlands - to protect and conserve wetland areas in view of the natural beneficial functions they perform;
Natural Habitat - to preserve natural habitats in view of the educational and recreational value for present and future residents of Lake County;
Environmentally Sensitive Areas - to preserve those Environmentally Sensitive Areas identified by the Resource Advisory Committee in certain reports, in order to safeguard Lake County's natural resources for present and future residents, and particularly those areas within the Wekiva River Protection Area;
Soil Resources - to conserve and manage soils and mineral resources in a manner that minimizes adverse effects to the environment;
Potable Water Element - to insure that residents of Lake County obtain sufficient supplies of good quality potable water from a healthful source;
Sanitary Sewer Element - to handle the disposal of sewage generated by present and future residents of Lake County in a healthful and affordable manner that minimizes any detrimental effect to the environment;
Recreation Element - to promote the development and maintenance of outdoor recreational opportunities and open space, in order that the varied outdoor recreational needs of Lake County's present and future population be met.
At this time Commr. Gregg, Chairman, invited the public to provide their input.
The following individuals provided their comments:
Hal Turville, Clermont - Questioned the staff on the minimum requirements for a PUD and discussed various pages of the proposed plan, and felt that the plan does not ensure preservation or conservation, it encourages urban sprawl, and it has no mining element.
Frank Dolci, a landowner in the area from Orlando - Felt that the proposal was hastily prepared, had no technical studies, has no regard for property rights, reading the last clause of the 5th Amendment. He recommended the Commissioners develop proof that those radical decisions in the plan will accomplish something.
Ralph C. Wright, owner of 62 acres north of Blackwater Creek -Stated that his property is typical of the injustice of the plan, and recommended that high and dry land be allowed to be developed to its full potential, and wetlands be restricted to protect the environment, regardless of location.
Albert Simpson, Mt. Plymouth - Felt that the Board should take into consideration the Disney World area, in Orange County, in view of the fact that they have destroyed much of their wetlands.
P. W. Bower, owner of land 12 miles west of the Wekiva River -Suggested certain changes be made in the proposed amendment, such AS, the area boundaries, references to PUDs and isolated wetlands, exempting Agricultural use, and references to native vegetation.
Edward Vandenberg, Attorney representing the owner of the Sulfur Springs Ranch property, of approximately 6,600 acres - Stated concern with the fact that the area can bear the impact of the proposed beltway, in regards to pollution, noise, destruction of habitat, interruption of drainage, and the creation of artificial wildlife cooridors. He felt that the current Lake County Comprehensive Plan is a credit to the County and meets the criteria of the new State law, and suggested that the Board not adopt the proposed staff recommendations, and continue with the current plan.
Kenneth Sandler, Hollywood, Florida, and whose family owns 50 acres in the Wekiva area - Stated that he concurred with the last speaker, and that the County should continue with the current plan, with only minor modifications.
Joan Irwin, resident of an one acre parcel on the Wekiva River - Invited everyone to come to her property to see what kind of damage has been done to her one acre parcel, such as, her water turning to salt, and felt that she would like to see the area remain rural, and that some changes should be made with regards to the 100 foot setback from the River.
Judy Wick, who lives on Wekiva Park Drive, and is a Board member on the Friends of the Wekiva River - Commented on the area just along the River, and stated that there should be no more building along the River, and that the landowners and the County should work together towards State acquisition of the CARL projects along the River, working simultaneously with the State for agreement on a fair price for those CARL properties. She added that zoning should be low density, and that the setbacks should comply with the buffer rules, and no commercial zoning. She also stated that the Wekiva River system must come before the landowner's rights, and the landowner's should not expect compensation.
Robert Vason, Attorney representing Jerry Ellis and Henry Tanner, who own property in the Wekiva area - Stated that his clients are farmers and ranchers, who want to protect the River and its tributaries. He read a brief policy statement to the Board, which set forth the feelings of his clients, and addressed three specific points within the amendment, those being, density measured by gross or net acres, commercial development, and all uses of the wetlands, flood prone areas and lands within the 100 year flood plain. He discussed the mandates of the legislation of the Wekiva River Protection Act, and distributed to the Board a chart which summarized what the Act proposed: the proposed Amendments to the Act, and outlined what the actual proposed plan amendment has accomplished. He also stated that the plan needs to give more positive direction to the policies and a definition section to ensure correct interpretation.
Kathleen Cook, of Lake Joanna Drive - Read a statement prepared by the League of Women Voters, which supports the present Comprehensive Land Use Plan, which limits developers in the Wekiva River area to one unit per five acres, and that when amendments to the plan are made, they should increase restrictions for development.
Bill Ray, of Clermont - Felt that the proposed draft amendment lacks scientific backing, drainage, flexibility, and definitions, therefore, should be revised.
Cecelia Bonifay, Attorney from Leesburg - Stated that the amendment is out of context with the current Comprehensive Plan, and felt that the Wekiva River Protection Act has a broad set of mandates, pointing out the section of the Act which sets forth the mandate on how the County is to approach amending the plan. She commented that the proposed amendment is overly vague; ambigious in many places; does not put the citizen on notice as to what he can do and how he can utilize his private property; and that the densities are at an extreme low. She stated that the amendment must be consistent with the overall Comprehensive Plan, and suggested that the Board modify the current Comprehensive Plan and modify the Development Regulations to be consistent with that plan.
At this time, Commr. Gregg announced to the public that there is a meeting scheduled at the Ag Center at 6:00 p.m., therefore, he will refrain any more public comment at 5:30 p.m., allowing staff to make a 10 minute presentation and answer questions.
LAWS & LEGISLATION/PLANNING & DEVELOPMENT (CONT'D.)
The following individuals continued with the public input:
Bill Cauthen, Attorney representing a client who recently purchased a lot on Lake Norris, and General Council for the Florida Nurseryman and Growers Association - Stated that the proposal excludes lots of record, therefore, his client does not have a problem with that issue, but upon looking at the setback requirement, it appears that there is a 100 foot setback, and his client's lot is 200 x 200 feet, with a current setback of 75 feet. He was also concerned with the portion that deals with native vegetation, which requires a vegetation survey, in order to remove any of the vegetation. He brought up the concern with changes which might occur in the tax assessment roles for next year as a result of this amendment.
Walter Farberger, a member of the Oklawaha Audubon Society -Stated that he does not consider the proposal a perfect plan, and is concerned with the PUD portion, therefore, suggests that it be eliminated. He was also concerned with the native vegetation references, which he feels should be followed by the word "timber". He stated that the Wekiva River Protection area under the Lake County Comprehensive Plan seems to have been the initial objective, but with the proposed amendments, it has turned into the Wekiva River Development Plan for Lake County. He added that nature has developed the Wekiva, man can only cause its deterioration, and that the citizens of Lake County would like it damaged as little as possible.
Russell Grant, a Lake County native who owns land in the Wekiva River area, and is presently living in Seminole County - Stated that his land is good farm land, around Lake Tracy, and does not feel that the proposed amendments are appropriate.
Menan Evans, an Attorney from Lakeland, Florida, representing the Central Florida Council for the Boy Scouts of America - Noted that, in the past, the Boy Scouts had lobbied for the protection of Cypress Trees along the Wekiva and its tributaries, and that the reference to the harvesting of timber is a broad term. She also felt that the reference to no alteration of wetlands is a vague term, and that the language in the proposal is overly broad, which should be made more precise.
Jeff Hasberger, who lives off the Wekiva River - Stated that a zoning requirement of one unit per five acres is something he could live with.
Fred Wardin, a member of the Friends of the Wekiva River -Stated that the County will need to come up with a very sound plan, to avoid destroying what Lake County already has in that area.
Ted Arthur, who lives in Maitland, and owns property in the area, representing eight families in that area - Stated that they bought their property several years ago with the intention of building retirement homes, and would like to keep the current zoning of RR, so they are able to build their homes. He mentioned that the property owners had formed a coalition, have had two meetings at Champ Challenge, and are planning another meeting on January 26, 1989, at 6:00 p.m. at same. He recommended that all of the people who own land in the area be present, and recommended that the County Commissioners form an ad hoc committee to meet with them.
Fred Morrison, an Attorney representing two clients, one being the Lake County School Board, and the other, Royal Palm Beach Colony (Royal Trails) - Stated their concerns of the school which is going to be completed in the area is question. He stated that the proposal refers to standards which need to be complied to, but does not outline how to apply those standards, and feels that the definitions need to be more clearly defined.
At this time, Mr. Szunyog thanked the public for their valuable input, mentioning that the preparation of this proposal was not an easy task. He stated that it was the Planning Department's interpretation of what the Act specified, and will meet the objectives, providing opportunities for both the continuance of property rights and protecting the natural resources. He also stated that the interpretation of the Act was difficult, and from a planning standpoint, they had to look only at Lake County.
Commr. Gregg thanked all of those present for their input, and informed the audience that the Board would hold some workshop meetings, to further refine this proposal, with those workshops being set for:
Monday, January 23, 1989, 9:00 a.m., in the Board of County Commissioners Meeting Room, on the 5th Floor of the New Courthouse, workshop meeting for the Commission and staff;
Friday, February 3, 1989, 9:00 a.m, in the Board of County Commissioners Meeting, on the 5th Floor of the New Courthouse, workshop meeting for the Commission and staff;
Monday, February 13, 1989, 9:00 a.m., meeting before the Planning and Zoning Commission, at the Agricultural Center;
Friday, February 24, 1989, 9:00 a.m, at the Agricultural Center, on State Road 19, for the final public hearing for input by the public.
Commr. Gregg mentioned to the public that the workshop meetings are not for public input, but that the public may attend.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:45 p.m.
C. W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK