The Lake County Board of County Commissioners met in regular session on Tuesday, October 3, 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" Grew, Chairman: Thomas J. Windram; Richard Swartz; Michael J. Bakich; and Don Bailey. Others present were: James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; Annette Star Lustgarten, County Attorney; Al Thelen, County Manager; Ava Kronz, Assistant to the County Manager; and Sandra Carter, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
MINUTES
Concerning the Minutes of September 5, 1989 (Regular Meeting), Commr. Swartz stated that he would like to clarify, and have inserted, on Page 10, Line 33, the fact that the Board was increasing salaries by only 15% which was the $716,000.00 decrease alluded to in said Minutes.
Concerning the two sets of Minutes of September 7, 1989 (Special Budget Meetings), there were no amendments or corrections.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 5, 1989, as amended, and the Minutes of September 7, 1989 (two sets), as presented.
COUNTY EMPLOYEES/LIBRARIES
Commr. Swartz introduced, to those present, the new Lake County Library Coordinator, Ms. Ann Cook, stating that she recently came to Lake County from Seminole County, and prior to that, had worked as a civilian employee for the military library system for many years.
COUNTY EMPLOYEES/MAINTENANCE/PUBLIC WORKS/SHERIFF'S DEPARTMENT
Commr. Gregg presented a plaque and U.S. Savings Bond to Mr. Thomas Elmore, Maintenance Technician, Building Maintenance, for being selected the County's Employee of the Month.
Commr. Gregg then presented a plaque to the following individuals, for service to the County, as indicated:
Mr. Joseph L. Spires, Labor Crew Leader, Public Works - 35 years
Mr. Jimmy Lin, Computer Programmer Analyst, Public Works - 5 years
Mr. Jeffrey Caldwell, Drafting Technician II, Public Works - 5 years
Mr. William Maylor, Bailiff, Judicial Department - 5 years
Mr. Bobby Howard, Equipment Operator III, Public Works - 5 years
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Accounts Allowed/Indigents
Request for payment of Warrant No. 98631 through Warrant No. 98989, for the following accounts:
County Transportation Trust Countywide Fire District
Paisley Fire District Landfills
Fine & Forfeiture General Revenue
Pasco Fire District Countywide Library
Bassville Fire District Northwest Fire District
Mosquito Control Private Industry Council
Capital Outlay Law Library
Mt. Plymouth Fire District Emergency 911 Fund
South Lake Fire District Road Impact
Section 8 Eustis Section 8
Aquatic Weed Self Insurers Fund
Included in the motion was approval of the request to pay the bills of indigents, as follows:
Sumter Electric, for Doris Mott - $50.00 - District #2
Meritor Savings, P.A. and Florida Power, Inc., for Teddy Gary Hayes - District #2
Bonds - Contractor
Request to approve the following Contractor Bonds:
New
6-90 W. H. Watson d/b/a F & W Plumbing, Inc. (Plumbing)
22-90 L. A. Young & Edward J. Skehan d/b/a Glen Haven
Construction Company (Building Contractor)
107-90 Elwood Oliver (General Contractor)
578-90 Abbott-True Electric, Inc. (Electrical Contractor)
801-90 James L. Stinson d/b/a Stinson Electric, Inc. (Electrical
Contractor)
1268-90 Senatore & Berg Construction Group, Inc. (Residential
Construction)
1420-90 Paul C. Thomas (Building Contractor)
1489-90 Vie Wrobel, The Plumber, Inc. (Plumbing Contractor)
1500-90 Carl Woodrow Stewart, Jr. d/b/a Cali, Inc. d/b/a United
Pool & Spa
1596-90 Warren A. Monday d/b/a M & R Concrete (Mobile Home
Contractor)
1874-90 John A. Whitten (Residential Contractor)
1985-90 Gordon Sellers d/b/a Atlas Heating & Air (Heating & Air Conditioning Contractor)
4145-90 Edwin R. Insalaco/Zap Electric (Electrical)
4167-90 George S. Agner (Electrical)
4210-90 Carl Munn (Air Conditioning & Heating Contractor)
4245-90 James W. Spencer d/b/a J & R Signs (Electrical Signs)
4369-90 William B. Davis (Class B Building Contractor)
4451-90 Andrew S. Mazzurco (General Contractor)
4487-90 E. C. Harper, Jr. d/b/a Sanford Electric Company, Inc.
(Electrical Contractor)
4721-90 Joseph R. Reisler (Electrical)
4722-90 Diana Lynn Olson/Landino, DLO Enterprises, Inc. d/b/a
Landino Coating Company
4746-90 Tom K. Daugherty (Type B Building Contractor)
4770-90 Bobby Robinson d/b/a Sun Country Aluminum (Residential
Building Contractor)
4771-90 Harlan Slabaugh d/b/a Unique Mobile Home Set-Ups (Mobile
Home Set-Ups)
SHERIFF'S BUSINESS
CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT
STATE AGENCIES
Commr. Swartz questioned whether the County budgets, possibly as a revenue item, for requests such as this one, to which he was informed that the County had not in the 1989-90 budget. He then requested staff to look into whether the County had budgeted same into the budget last year, and, if so, how much revenue was received from it.
On a motion by Commr. Swartz; seconded by Commr. Bailey and carried unanimously, the Board approved an agreement between the Sheriff's Office and the U. S. Forest Service, for law enforcement services within the forest lands of Lake County, and authorized proper signatures on same.
ACCOUNTS ALLOWED/BUDGET TRANSFERS/SHERIFF'S DEPARTMENT
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Florida Statute which governs expenditure of said fund is relatively stringent and expenditures cannot be made for normal operating expenses - only for expenses directly related to additional services provided from said forfeiture funds.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request for transfer of funds, in the amount of $5,810.65, for miscellaneous expenses, from the Law Enforcement Fund, to the Sheriff's General Fund.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests:
Environmental Services/Landfills/State Agencies
Request to acknowledge receipt of informational item regarding the fact that the "Amnesty Days" Household Hazardous Waste Collection for Fall, 1989, will be held in conjunction with the Department of Environmental Regulation, as listed below:
Tuesday, October 10, County Fairgrounds (Eustis), 10 a.m. 6 p.m.
Thursday, October 12, Lake Griffin State Park, 10 a.m. - 6 p.m.
Saturday, October 14, Peoples State Bank, Groveland
Accounts Allowed/Libraries/Municipalities
Request for reimbursement to the City of Fruitland Park, for salaries, benefits and other expenditures, for the Fruitland Park Library, for the third quarter of FY 1989, in the amount of $5,946.20.
County Employees/Personnel
Request to approve Service Certificates for County employees with one and three years of service, and authorized proper signatures on same.
Bonds - Mobile Home
Request for cancellation of Mobile Home Bond, for Marilyn Sebeck, Southeast of Astatula, District #3.
Committees/Planning and Development
Request to appoint replacement members on the Citizens Advisory Committee for the Conservation Element of the Comprehensive Plan.
Accounts Allowed/Road Projects
Request for payment No. 1, for Project No. 7-89, S. Quarters Road, Haywood Worm Farm Road, and Hollandel Road, to Trac Roadbuilders, in the amount of $29,889.90.
Accounts Allowed/Road Projects
Request for payment No. 1, for Project No. 9-89, Kings Cove 5th and 6th Additions, to Paquette Paving Company, in the amount of $95,415.00.
Accounts Allowed/Road Projects
Request to accept Change Order No. 1, to Project No. 9-89, Kings Cove 5th and 6th Additions, in the amount of $4,500.00.
Accounts Allowed/Road Projects
Request for payment No. 1, to Superior Asphalt Company, Inc., for Project No. 10-89, Southeast Umatilla Block Grant Program, in the amount of $19,400.00.
Accounts Allowed/Road Projects
Request for payment No. 1, to Rix Construction Company, for Project No. 5-89, Smitty Road, in the amount of $19,699.68.
Clay Pits/Municipalities/Public Works
Request from the Town of Astatula, for 1,000 yards of clay (estimated value - $3,000.00), from the County clay pit, at no charge.
Municipalities/Roads-County & State
Request to accept the following release of Murphy Act reservation:
No. 1499 - Reserve 25 ft. from centerline - East of Eustis - James G. Crawford - Thrill Hill Road (4-5880).
Deeds/Right-of-Ways, Roads & Easements
Request to accept the following Right-of-Way Deeds:
Fred A. Hamilton, Robert L. Giffen Apshawa Road (3-2035)
and Victor Korsachas
Fred A. Hamilton and Robert L. Giffen Apshawa Road (3-2035)
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY EMPLOYEES/PERSONNEL/RESOLUTIONS
Mr. Al Thelen, County Manager, explained the request, stating that provisions had been made in the current budget to fund said program. He stated that, basically, employees will be moved to the bottom of the new pay range for their category, or, will receive a 5% pay increase, whichever is larger, and, in addition to that, will receive credit for l/2% per year, for the first five (5) years, if the assigned pay range is higher than previously assigned. He stated that the only exception to the plan would involve fire service employees, where there is presently not enough funds to follow the same guideline as alluded to, for other County employees, therefore, the resolution provides that the County will implement the plan (regarding fire service employees) over a two (2) year period. In the first year, their ranges will be moved up $l,OOO.OO, then, the same formula which will be used for the other employees will be applied, and the County will then pick up the second phase of the plan in the next fiscal year.
On a motion by Commr. Bakich, seconded by Commr. Bailey and carried unanimously, the Board approved a request to adopt a Resolution implementing the Cody & Associates, Inc., Classification and Pay Study, as alluded to by Mr. Thelen.
ACCOUNTS ALLOWED/BIDS/FAIRGROUNDS
Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board and answered questions presented by the Board, regarding said request.
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved a request to renew Bid No. 007-952-089, Security for Farmers Market, beginning October 1, 1989, through September 30, 1990, in the amount of $11,259.00, to FED-CO Security, Inc., Leesburg.
COUNTY ATTORNEY'S BUSINESS
MUNICIPALITIES/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, updated the Board concerning some on-going litigation, regarding the Dora Pines development. She informed the Board that there will be a hearing November 3, 1989, at which time said matter will, hopefully, be resolved.
Commr. Windram commented regarding said litigation.
No action was required concerning said matter.
EDUCATION/LANDFILLS/RESOLUTIONS
Commr. Gregg presented students (mainly from the third, fourth and fifth grades) and teachers of Skeen Elementary with a resolution, in appreciation of their recycling efforts, recognizing the fact that they had been awarded the honors of second runnerup, for the southeast region, from the Environmental Protection Agency, for said recycling efforts.
At this time Commr. Windram informed the Board that he had attended a recycling party, approximately three weeks ago, in Okahumpka, where a group of young people were setting up a recycling program, in conjunction with Ogden Martin, to collect and recycle aluminum cans, and felt that it should be mentioned.
PUBLIC HEARINGS - ROAD CLOSINGS
Petition No. 547 - George & Jackie Conn - Eustis Area
No one present wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the September 26, 1989, and October 3, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board approved a request to vacate Magnolia Avenue, in the Plat of Phillipsburg, in the Eustis area, as advertised in Petition No. 547, by George and Jackie Conn.
Petition No. 558 - Faith School of Theology - Groveland Area
No one present wished to discuss the request with the Board.
It was noted that the proper proof of publication was on hand as it appeared in the September 19, 1989, and September 26, 1989, editions of The Orlando Sentinel, The Lake Sentinel.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to vacate that portion of North Shore Drive Estates, in the Groveland area, as advertised in Petition No. 558, by Faith School of Theology.
COMMISSIONERS' BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Gregg brought to the attention of the Board the fact that the Board had received a request from the Lake Community Action Agency, Inc., to once again appoint a representative of the Board of County Commissioners to the Lake Community Action Agency's Board of Directors. He stated that he would like to reappoint Ms. Myra Smith, who had represented the Board, on said Board of Directors, in the past.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board reappointed Ms. Myra Smith, to continue representing the Board of County Commissioners, on the Lake Community Action Agency's Board of Directors, as recommended by Commr. Gregg.
SIGNS/ORDINANCES
Commr. Gregg reminded the Board that he still had not received many names, for consideration, for appointment to the Sign Ordinance Committee, stating that he would like to receive some additional names before the next Board Meeting, scheduled for October 10, 1989.
RESOLUTIONS
Commr. Bailey brought to the attention of the Board a request from Mr. Harry Edwards, Drug Free, Inc., that the Board approve a Proclamation, proclaiming the week of October 22-28, 1989, as Red Ribbon Week, in Lake County, for purposes of campaigning for a drug free society. He stated that he would like the Board to request Mr. Edwards, and those people that are involved, to appear before the Board for the purpose of being presented said Proclamation, in appreciation of their efforts toward such a worthy cause.
On a motion by Commr. Bailey, seconded by Commr. Bakich and carried unanimously, the Board approved a Proclamation, proclaiming the week of October 22-28, 1989, as Red Ribbon Week, in Lake County, and a request that said Proclamation be presented to Mr. Harry Edwards, Drug Free, Inc., and those people that are involved, at the October 10, 1989, Board Meeting.
ACCOUNTS ALLOWED/MUNICIPALITIES/SOIL CONSERVATION
Mr. Don Findell, Director of Environmental Services, appeared before the Board and explained said request, noting that it was for a non-profit organization.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a request to waive the $525.00 fee, for the Soil and Water Conservation District to spend one day at the Empire Church Cemetery, in Groveland, for the purpose of pinpointing gravesites, in order that markers may be placed.
RECESS & REASSEMBLY
At 9:45 a.m. the Chairman announced that the Board would recess until 1O:OO a.m., at which time they would discuss potential landfill Site K, located in Okahumpka.
ENVIRONMENTAL SERVICES/LANDFILLS
Mr. Don Findell, Director of Environmental Services, appeared before the Board and gave a brief summary of what Post, Buckley, Schuh & Jernigan, Inc. had done, regarding potential landfill Sites C, K, and Q, up to the present time, stating that most of the work being conducted was regarding Site K. He stated that, as the Board had been informed at a previous meeting, the consultants were (at that time) in the process of carrying out their geotechnical testing work, as well as their environmental assessment work (which had not been completed, although some potential environmental issues had been identified). He also stated that the Board had directed staff and the consultants to complete the work on Site K, and report back to them (before the environmental assessment was done), regarding what was found through geotechnical testing, thus, the reason for their presence this date.
Mr. David Deans, Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board stating that he and his associates had now completed their preliminary environmental assessment of Site K and found that it would work, from an environmental standpoint, however, that there were some issues that needed to be addressed, noting that the preliminary environmental assessment had been focused on what level of effort would be required to address said issues. He stated that he had talked with staff and the different agencies, in order to determine their position on what they would be looking for, in addressing said issues - what their constraints of limitation would be, and were now coming back to the Board, basically, saying they believe that all the things which were discussed are achievable. He stated that, since they know what the bottom line is, he would go over the site plan with the Board and tell them what some of the environmental issues are and how he feels they can be addressed.
Mr. Deans informed the Board that there is a major wetlands area to the east of the site, which was one of the reasons why said site was not ranked very high in the final twelve (that was later shortlisted). He stated that said wetlands area provides habitat for threatened and endangered species, noting that on the site, itself, scrub jays have been found along the north perimeter, however, they are not planning any development in that area of said site, therefore, feel that said scrub jays will not be disturbed by site development and will remain put. He stated that burrowing owls (poster bird for the Audubon Society for 1989) were also found on said site, which happens to be a bird that can be relocated. He stated that they can passively induce the burrowing owls to move from the west part of the site, where they are currently located, to the eastern upland areas of the site, where there are presently some abandoned burrows. He stated that he feels said two items can be addressed and can be permitted. He stated that on the southern end of said site there is a large wetlands area which is fairly well degraded, by development on the site, thereby, allowing the opportunity to incorporate this into the stormwater management system, thus, improving said wetlands area. He informed the Board that his firm has a lot of experience in artificial wetlands and wetlands improvement, and feel that the site has a real opportunity to achieve some environmental benefit in that regard.
Mr. Deans stated that he and his associates feel the County needs all the property outlined in Site K, stating that they were aware there had been some discussion in the past regarding possibly moving the property boundary a little bit to the west and not purchasing all of said site. He stated that, because of the environmental sensitivity of said site, they feel that any control the County would have over said area would be a plus. He stated that their assignment is complete, up to this point, and they now need further direction from the Board.
Commr. Bakich questioned Mr. Deans as to whether he had any other environmental concerns and as to whether the water table had been addressed, and, if so, whether there were any flaws found, to which Mr. Dean stated that, as he had reported at the last presentation to the Board, two very old sinkholes were found on the site, and the water table was mapped, in order to determine the direction of groundwater flow. He stated that, from that standpoint, they do not see any fatal flaws. He noted that when they get into indepth permitting, they are going to have to do more extensive and intrusive foundation borings (that go 150-175 feet down), in order to determine the complete sinkhole potential in the area of the site that will be chosen to be developed.
Mr. Deans stated that he had spoken to Mr. Chips Windell (noting that he was present in the audience to answer any questions that might need to be addressed), who is a wetlands and wildlife biologist, and asked him how much more it was going to cost to develop said site, in dealing with the issue of the scrub jays, the burrowing owls, and the wetlands, than to develop one of the other sites which was considered, to which Mr. Windell stated that he did not see any major additional expense, in addressing these particular issues than any other issues which may have been a factor on any of the other sites. He stated that even though the Board is going to end up buying more land with Site K, the issues of actively relocating the mammals, planting wetland plants and transplanting trees, etc. are about the level of effort that would have been expected on any of the other sites - noting that the major expense will be the purchase of the land.
Commr. Swartz stated that, even though the major expense will be the purchase of the land, said site was one of the ones that had the lowest valuation of land, compared to some of the other sites. He stated that one of the things that was most appealing to him was the fact that all the land to the north, east and south gives an excellent buffer of the landfill, from other types of human land uses.
Commr. Bakich then questioned Mr. Deans as to whether he predicted any problems with the Department of Environmental Regulations (DER), to which Mr. Deans replied that he would guarantee having some problems with DER, however, they will be solvable problems.
Commr. Swartz stated that the Board does not want to spend a lot of money trying to acquire and permit land that, somewhere down the road they are going to run into a road block, and will have spent a lot of money and wasted a lot of time, to end up back at square one, and that he wanted to make absolutely sure that Mr. Deans was saying there were no major flaws involving said site.
Mr. Deans responded, stating that he had drilled his staff pretty heavily regarding said issue, saying that being they had walked the site, done the geological work, as well as the wetlands and wildlife work, that he did not want to have to go back before the Board in three or four months saying that his firm had erred. He stated that, to the best of his staff's ability, this will not happen, however, he could not give an ironclad guarantee. He stated that, should this happen, in his opinion, it will not be a technical issue, but, rather a political one, as said issues are resolvable.
Commr. Swartz reiterated what Mr. Deans had stated earlier, in that his firm's assignment had been completed and they now needed further direction from the Board, however, felt that the Board was not in a position to do so until it makes a determination of whether or not to acquire the property involved, noting that they do not want to spend a lot of money until they have some determination of where to go from this point.
Mr. Deans stated that the way this type of issue is typically handled is that the Board would obtain an option on the land, contingent upon getting an environmental permit, therefore, would not close on said property until the Board has a permit in hand.
Mr. Al Thelen, County Manager, agreed with Mr. Deans in that he felt this was the proper way to approach the situation.
Commr. Bailey stated that, being the Board is trying to acquire property that is as far away from the general public as possible, he would like to know approximately how far said site is located, including the buffers, from Okahumpka, to which Mr. Don Findell, Director of Environmental Services, replied that it is approximately four miles from the northern end of said site, and approximately two miles from the nearest concentration of population.
Commr. Gregg directed staff to report back to the Board, in approximately two weeks, with a recommended process to follow for Site K, as he felt the consensus was to proceed with said site.
Commr. Bailey questioned whether, when staff reports back to the Board in two weeks, that would be the public hearing or whether the Board would be having any other hearings regarding said issue.
Mr. Thelen, County Manager, responded that staff would come back to the Board with a process for the Board to adopt, and one of the considerations, in looking at that process, would be a public hearing.
Commr. Gregg stated that the Board needs to know whether or not to hold a public hearing, and, if they need to hold one, at what point to do so. He stated that, if the Board is going to hold a public hearing, and accept public input, they need to do so before committing themselves to the project, as far as optioning the land and locking themselves into a contract.
Mr. Findell stated that the major concern, at this time, is whether or not to continue to pursue said site, and, if they are, to obtain direction from the Board for doing so, or whether the Board wants additional work to be done on Sites C and 0, before making a final decision, to which Commr. Gregg responded that the consensus of the Board is to continue to pursue Site K.
Mr. Thelen stated that staff would come back to the Board with a recommendation in two weeks (to which Commr. Swartz requested that part of said recommendation be the outline of how the County is to proceed), which will include the proposed public hearing process that the Board will need to go through, for Site K.
No action was taken at this time.
RECESS & REASSEMBLY
At l0:25 a.m. the Chairman announced that the Board would recess until l0:30 a.m., for a Wetlands Ordinance Workshop.
APPOINTMENTS-RESIGNATIONS/ORDINANCES/WATER AUTHORITY
Mr. Don Findell, Director of Environmental Services, appeared before the Board stating that approximately one month ago staff presented a copy of the proposed Wetlands Ordinance to the Board for their review. At that time, the Board scheduled said time for having a detailed discussion of said ordinance, in order to allow staff to go over the basic principles of it, in determining the necessity for, and advantages of it. He then turned the floor over to the Pollution Control staff, for a discussion and slide presentation.
Before the discussion occurred, Commr. Bakich informed those present that he was a little concerned about the fact that the County has a Mining Ordinance, which has yet to be studied or completed, even though there is a Mining Ordinance Committee that has been working on said ordinance for well over a year. He noted, however, that such a committee has yet to be formed for the Wetlands Ordinance, even though there are a great number of changes being made (some of which are quite extensive) which he felt a committee should be giving and receiving input on. He stated that he had had several comments made to him by individuals who, also, were concerned. He stated that, even though he felt the existing Wetlands Ordinance does need to be revamped, he saw no major problems with it. He also stated that he felt staff needed to slow down, catch its breath and move forward with said issue in a more progressive manner and receive the kind of input that is needed.
Commr. Gregg reiterated what Commr. Bakich had said, adding that he had hoped to see the Mining Ordinance adopted before the end of this year. Concerning the Wetlands Ordinance, he stated that he felt the present one was inadequate, however, he also felt some changes needed to be made to the draft before them this date. He stated that, until the Mining Ordinance is wrapped up, he would like to see staff concentrate on priorities which the Board has set, rather than their own, to which staff apologized for not having done so, and stated that, in the future, they would.
Another issue which Commr. Gregg brought to the attention of staff, was the fact that the Board would like for the public to review this ordinance, and any other ordinance coming before the Board, as soon as it is available, rather than releasing it to the press and then, two weeks later, to the general public. He stated that he felt the Board should receive a copy, as well as the general public, at the same time the press receives one, if not a day before, in order to enable them to give input.
Mr. Findell stated that one of the things he hopes to accomplish is to try and make things as uniform and consistent as possible, so that staff, in the development of a regulated community, understands what is being administered and why things are regulated the way they are.
Mr. Rod Schultz, Environmental Specialist II, Environmental Services, appeared before the Board and discussed the reasons and objectives for a County Wetlands Ordinance, stating that, ultimately, the goal is to assure State and Federal agencies that wetlands will be protected. He then discussed why a new Wetlands Ordinance is needed, as well as the functions of wetlands, being: (1) water quality enhancement, which provides a method by which they filter sediments, nutrients, pollutants and stormwater runoff; (2) water quantity management, which provides a method by which water can be stored for wildlife, during times of drought, and at times of floods, act as a source of abatement, slowing down the flooding process, and providing an ecological balance between the uplands and the wetlands surface waters, providing a habitat for certain wildlife: (3) climatic stability, by generating moisture to cool the immediate environment and produce rain clouds; (4) wildlife uses, in that they provide food for various birds, including ospreys, eagles, storks, ducks, woodpeckers, songbirds, herons, turkeys, and provide a habitat for fish, such as bass, catfish, bream, etc., as well as an area for food for animals such as bobcats, deer, bears, possums, raccoons, snakes, squirrels, etc.: and (5) human uses, such as open space for recreational purposes, such as hunting and fishing, and an onsite educational value, as well as an educational value in terms of research. They also provide an aesthetic visual buffer from urban development.
Mr. Schultz then gave a slide presentation, showing the different types of wetlands and what significance they have. He then proceeded to discuss Development Activities and Performance Standards for wetlands. He stated that wetlands should be developed at a greater than 10% rate, however, the intent of the Wetlands Ordinance was to provide a no net wetlands loss. This was to try and reiterate the mandate or national direction from the President of the United States, on down, in that there is a goal to achieve a no wetlands loss. He stated that, in the ordinance, where he alludes to a 10% threshold, it was a presumptive amount, where he was trying to ballpark and stay within said 10% category, but at the same time, not to disallow the development of larger amounts, in certain situations. He stated that this would be dealt with on a case-by-case basis, where the applicant would come in with his proposal, have staff review it, and come up with criteria to determine the significance of said wetlands, whether or not it would be acceptable, and what would need to be done if the developer wanted to develop a larger mitigation ratio, etc. He then reviewed the different types of development activity (utilizing slides), of which performance standards were incorporated into the proposed Wetlands Ordinance. He stated that in the original version of the Wetlands Ordinance, he was not fully educated to some recent developments in agricultural activities. As a result of going with Mr. Bill Ray to his ranch, he stated that they covered a lot of points, in terms of harvesting timber and wood products, including peat, as well as covered different aspects of how Mr. Ray utilized drainage ditches and different types of wetland systems, in order to come up with an overall environmentally protective agriculturally designed project. He then showed slides concerning same, discussing them in detail, as he reviewed them. He stated that he had asked Mr. Ray to assist him in rewriting some of the performance standards for both harvesting of timber wood, as well as the agricultural activities within wetlands, to come up with something that is more palatable for the agricultural interests, and, at the same time, something that would permit the County to require certain standards that can be maintained locally, as State and Federal agencies have very vague standards, when it comes to agricultural practices. He stated that said agencies just allude to Best Management Practices and leave it at that, noting that some of said practices are acceptable, however, there are some that do not work (at which time he showed slides indicating such). He stated that he would like to narrow it down to the exact techniques which he has seen in the field, that have worked, and come up with those standards for Lake County. He then proceeded to show the second portion of the slide presentation.
A brief discussion occurred concerning the second portion of the slide presentation, at which time Commr. Bakich questioned Mr. Schultz as to what he was alluding to, during a discussion regarding buffers, to which Mr. Schultz replied he was suggesting that all wetlands and lakes have buffers of at least 100 feet.
At this time, Mr. Findell commented regarding the necessity of buffers - be it 50 feet or 400 feet, to protect water quality.
Mr. Schultz injected that the intent of buffers is to provide a reasonable solution to contamination problems.
Discussion occurred regarding peat mining, at which time Mr. Schultz stated that it is the intent of staff to come up with an overall system for controlling peat mining. He stated that the County presently utilizes a system that works, which he described.
Discussion occurred regarding the different types of fill that were used in the past for wetlands, at which time Mr. Schultz stated that in the 50's and 60's, it was typical to use wetlands for disposal of hazardous waste, however, that is not so these days. He stated that wetlands need to be filled with clean fill, rather than debris that could cause potential health hazards in the future.
Discussion continued regarding wetlands, at which time Commr. Bakich stated that what Mr. Schultz and Mr. Findell have come up with are viable alternatives and solutions to the potential problems which the County has with its wetlands, however, would feel more comfortable with having a committee, comprised of individuals that are involved and knowledgable, to review the Ordinance, before it is adopted.
Mr. Findell informed the Board that the reason for having a presentation this date was not for the purpose of adoption, but, to educate, as the ordinance before them is strictly a rough draft.
Commr. Gregg stated that he would like the Board to appoint at least seven (7) individuals, made up of both professional and lay people, as well as people that will be most affected by the ordinance, to a committee for the purpose of working on the Wetlands Ordinance. He stated that said committee could then have several meetings and bring back a recommendation to the Board regarding same. He also stated that this helps to get the information out into the community, which enables the general public to give input. He then gave a list of individuals he would like to recommend for said committee, stating that he felt said individuals represented a good cross section of the community. He also questioned whether any of the other Commissioners had any other appointments or changes to said committee.
On a motion by Commr. Windram, seconded by Commr. Bakich and carried unanimously, the Board appointed the following individuals to serve on the Wetlands Ordinance Committee, as recommended by Commr. Gregg, representing the areas indicated:
Mr. Bill Ray (general agriculture)
Mr. Phil Conan (citrus)
Mr. Bill Talley (timber)
Mr. Will Davis (water authority)
Mr. T. J. Townsend (retired)
Mr. Dennis Hillary (peat mining)
Mr. Steve Adams (land planning)
LANDFILLS/ENVIRONMENTAL SERVICES
Mr. Steve Richey, Attorney, representing Consolidated Minerals, Leesburg, appeared before the Board and informed them (for informational purposes only) that Lake County is in competition with other counties for tire shredding. He stated that said issue will go before the Planning and Zoning Board and before the Board of County Commissioners in the next 60 days, concerning a certain piece of property to be used for shredding tires and recycling same. He stated that his client, Mr. F. Browne Gregg, has 14 acres to be utilized for a recycling plant, whereby, the recycled material is made into a building material, which will then be marketed and sold. He stated that Lake County will receive the recycling credit, and just wanted the issue to be made public.
No action was required.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:20 p.m., on a motion by Commr . Bakich, seconded by Commr. Bailey and carried unanimously.
C.W. "CHICK" GREGG, CHAIRMAN
JAMES C. WATKINS, CLERK
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