The Lake County Board of County Commissioners met in regular session on Tuesday, April 10, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: James C. Watkins, Clerk ; Robert K. McKee, Chief Deputy Clerk; Al Thelen, County Manager; Annette Star Lustgarten, County Attorney; Ava Kronz, Assistant to the County Manager; and Toni M. Austin, Deputy Clerk.
James C. Watkins, Clerk, gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.
MINUTES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of March 20, 1990, as corrected.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Special Minutes of May 29, 1990, as corrected.
CONSTITUTIONAL OFFICERS
CLERK OF THE COURTS CONSENT AGENDA
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved and acknowledged receipt of the following:
Accounts Allowed
Payment of Warrant #119178 through Warrant #119420, for the Following accounts:
Landfills County Transportation Trust
General Revenue Countywide Library
Private Industry Council Fine & Forfeiture
Aquatic Weed Countywide Fire District
Animal Shelter Trust Fund Miscellaneous/Gas Fund
Mt. Plymouth Fire District Road Impact
Northwest Fire District Certificate of Indebtedness
Paisley Fire District Capital Outlay
Emergency 911 Fund Bassville Fire District
Northeast Ambulance Northwest Ambulance
Mosquito Control Pasco Fire District
South Lake Fire District
Accounts Allowed/Courts-Judges.
Satisfaction of Judgment, Case No. 84-850-CJ, Eric Lee Reed, Juvenile and Rosemary Perdue, Parent, in the amount of $100.00.
Satisfaction of Judgment, Case 88-1809-CF, Paul A. Fronek, in the amount of $250.00.
Jails/Reports
Summary of the First Annual Inspection, Lake County Jail (Main), from the Florida Department of Corrections.
Reports/Water Resources
Comprehensive Annual Financial Report for the year Ended September 30, 1989, from the Southwest Florida Water Management District.
Utilities (Public Service Commission)
In re: Application of Lake Hills Utilities, Inc., for Amendment of Certificate No. 512-w in Lake County, Florida, Order Amending Certificate to Include Additional Territory and Closing
Docket.
Notice of Hearing, Investigation into the Cost-effectiveness of Undergrounding Electric Utility Lines, 9:30 a.m., April 9 & 10, 1990, Tallahassee, Florida.
In re: Investigation into the Cold Weather Capacity Shortfall Emergency Occurring in Peninsular, Florida, December 23-25, 1989, Order Adopting Report on Peninsular, Florida Cold Weather Capacity Shortfall Emergency December 23-25, 1989, and Notice of Proposed Agency Action Requiring Florida Electric utilities to Prepare a Specific Severe Weather Emergency Plan for the State of Florida.
In re: Annual Reestablishment of price Increase or Decrease Index of Major Categories of Operating Costs incurred by Water and Sewer Utilities pursuant to Section 367.081(4)(a), Florida Statutes, Order Finalizing 1990 Price Index for Water and Wastewater Utilities and Closing Docket.
CLERK'S OTHER BUSINESS
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT
Discussion occurred regarding the request for the Lake County Sheriff's Office for an appropriation from the Law Enforcement Trust Fund, in the amount of $15,678.50.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request, as stated above, for training within the Sheriff's Department.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Al Thelen, County Manager, stated that he wished to pull Tab 10 from the Consent Agenda, which had been submitted late, and should have been placed on the regular agenda for discussion.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved Tabs 2-14, with the exception of Tab 10, for the following requests:
Public Health/Reports
Request for acknowledgement of the Lake County Public Health Unit - Activities and Expenditures Report for the period ending December 31, 1989.
Accounts Allowed/Roads-County & State/Resolutions
Request to release performance Letter of Credit, in the amount of $1,080,397.00 drawn on Barnett Bank of Central Florida, for Park Place on Lake Joanna, and request acceptance of maintenance Letter of Credit, in the amount of $65,736.00 drawn on Barnett Bank of Central Florida. Also request acceptance of the following roads into the County maintenance system:
Park View Avenue #4-5476
Spring Oak Drive #4-5477A
Woodridge Lane #4-5477B
Park Place Boulevard #4-5477
Accounts Allowed/Bonds/Subdivisions
Request release of Letter of Credit, in the amount of $15,430.64 for a maintenance bond drawn on First Florida N.A. for Wolf Branch Village, Phase I, and to accept replacement Letter of Credit, in the amount of $15,430.64 drawn on Citizens National Bank of Leesburg.
Planning & Development/Subdivisions
Request for preliminary plat and construction plan approval of Western Pines, Phase II.
Accounts Allowed/Bonds/Subdivisions
Request to release a maintenance bond, in the amount of $2,520.00, for Triangle Grove, First Addition.
Accounts Allowed/Bonds/Subdivisions
Request to release a maintenance bond, in the amount of $10,967.00, for Forestdel, First Addition.
Bonds - Mobile Home
Request to accept the new Mobile Home Bond - Dorene Poe, Mt. Plymouth/Sorrento area, District #4.
Planning & Development/Subdivisions
Request for final plat approval for Townhomes of Village Green Subdivision.
Public Works/Resolutions/Roads-County & State
Request to post 25 mph speed limit signs along the roads in the Lake Joanna Shores area.
Right-of-Ways, Roads & Easements
Request to accept the following Non-Exclusive Easement:
For Site Plan: Lake Square Properties & Development - Dead River Road #3-4140
Deeds/Right-of-Ways, Roads & Easements
For Road Project: Carolyn B. Gosselin - Peru Road #5-7961
For Lot Approval: Wade Powell - Carter Jones Road #2-1309.
Deeds/Subdivisions
Request to release the following Murphy Act Deed Reservations:
Paul J. and Tina M. Gallant, No. 1143, Eustis area
Richard L. and Carolyn Sue Baysinger, No. 2258, Mt. Plymouth Subd.
David and Amelia B. Wells, No. 1375, Eustis area
ROADS-COUNTY & STATE/SUBDIVISIONS
Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request from Springstead Engineering to waive paved road requirements for Pop's Grove Subdivision. Mr. Swanson stated that the applicant was requesting that this be reviewed by the Board.
The Planning and Development Department reviewed the Pop's Grove Subdivision for the February 1, 1990, Technical Review Committee meeting. The subdivision had originally been laid out by a meets and bounds description. Four lots in the original subdivision were issued building permits. Staff, at this review, asked for additional right-of-way, which was granted by the applicant. The right-of-way will be platted with a 33 foot right-of-way, rather than the existing 25 foot right-of-way. The road will then be up to County standards. As a condition of
platting, the County, as a matter of policy, asked that the road be paved. When reviewed at the Planning and Zoning Commission meeting, the members were split by a 4-4 vote on paving or not requiring paving. The subdivision is a five acre lot subdivision. The Planning and Development Department recognizes that this project with the five acre lots, is more like a lot approval than like a regular platted subdivision. The policy is to pave access to the subdivision from existing paved roads.
Mr. Dave Clapsaddle, Springstead Engineering, stated that the property is off of Turkey Lake Road and Robbins Road.
After some discussion, Commr. Gregg questioned how the Board might avoid predicaments as such in the future. Mr. Thelen stated that the County needs to look at the County's policy to automatically waive five acre tract lots, so that there is an incentive to get away from paving the road. He stated that exceptions should be made, in the fact that this request is coming to the Board.
Mr. Clapsaddle discussed the timeframe on the completion of the development.
Mr. Thelen stated that he felt the County should require pavement, unless it is accepted by the Board under the five acre tract policy.
Commr. Bailey stated that he would like to look at the road before voting on the request.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to approve the Planning and Zoning Commission and staff recommendation for denial of the waiver.
At this time, Commr. Swartz withdrew his motion, with Commr. Bailey withdrawing his second to the motion.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board postponed making a decision on the request for the waiver of paving, as indicated above, until the next regular scheduled Board meeting.
COUNTY MANAGER'S DEPARTMENT BUSINESS
ACCOUNTS ALLOWED/BIDS/ELECTIONS
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to accept the bid to sell the 313 Shoup 2.5 Level
Voting Machines to C.E.V. Machine Services, Inc., for $7,825.00, as recommended by the Supervisor of Elections.
APPOINTMENTS-RESIGNATIONS/PRIVATE INDUSTRY COUNCIL
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request for the appointment/re-appointment to fill three vacancies on the Volusia, Lake, Flagler-Private Industry Council, as follows:
Mr. John Weed, Private Sector
Ms. Marilyn McPherson, Leesburg Job Service Manager
Mr. Don Miller, Private Sector
PRIVATE INDUSTRY COUNCIL/REPORTS
Ms. Robbie Baird, Director of the Private Industry Council, appeared before the Board and introduced Ms. Karen Robinson, Assistant Director of the Volusia, Lake, Flagler-Private Industry Council, Inc., who presented a brief explanation of the Volusia, Lake, Flagler-Private Industry Council, Inc. employment and training for July 1, 1990 to June 30, 1992.
On a notion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the proper signatures on the Volusia, Lake, Flagler-Private Industry Council, Inc. employment and training plan for July 1, 1990 to June 30, 1992.
COUNTY MANAGER/JAILS
On a notion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization for the County Manager to approve purchase orders for vendors supplying materials for the Criminal Justice Facility Protect when the order exceeds $lO,OOO.OO, with a monthly report being presented to the Board for review.
ACCOUNTS ALLOWED/JAILS
On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to increase the amount of the blanket purchase orders with Florida Rock Industries and Florida Mining & Materials (concrete suppliers for the Criminal Justice Facility Project), by $190,000.00 each.
ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS
ENVIRONMENTAL SERVICES
Mr. Don Findell, Director of Environmental Services, appeared before the Board to discuss the request for authorization to award the bid for the Astatula Ash Monofill Geotechnical Testing Services to Jammal & Associates, Inc., not to exceed a cost of $17,853.00 (second low bid).
Mr. Findell informed the Board that geotechnical testing services are required during the construction of the Astatula Ash Monofill in order to insure that the clay liner meets Florida
Department of Environmental Regulation permit specifications. Bids were received from six firms, with Post, Buckley, Schuh & Jernigan, Inc. evaluating the proposals and recommending that the County award the bid to the second low bidder, Jammal & Associates, Inc., at an increase of $l,OlO.OO over the low bidder.
On a motion by Commr. Swartz, seconded by Commr. Windram and carried unanimously, the Board approved to award the bid for the Astatula Ash Monofill Geotechnical Testing Services to Jammal & Associates, Inc., at a cost not to exceed $17,853.00, as second low bidder, based on the staff and consultant's recommendations.
ACCOUNTS ALLOWED/BIDS/LANDFILLS
Mr. Al Thelen, County Manger, requested that Tab 21, regarding
the request to award Bid #041-765-090 to Ringhaver Equipment Co. for the purchase of one 1990 Caterpillar 826C Compactor, at a cost of $280,096.00, be pulled for one week.
ACCOUNTS ALLOWED/HEALTH DEPARTMENT/FIRE PROTECTION/BUDGETS
RESOLUTIONS
On a motion by Commr. Bailey, seconded by Commr. Windram and carried unanimously, the Board approved the request to adopt the resolution amending the budgets of the Health Department and Fire Protection, in the amount of $71,044.00, to account for monies received from the sale of the old Leesburg Health Department Building.
ORDINANCES/PUBLIC HEALTH
Ms. Annette Star Lustgarten, County Attorney, reported on the Board's inquiry on the Florida Responsible Vendor Act relating to State certification of vendors as a condition of issuance of an occupational license. The only purpose for the issuance of an occupational license is to raise revenue. It is not a regulatory fee. She stated that the Board does not have authority to require that occupational licenses for vendors of alcohol be conditioned upon qualifying as a Responsible Vendor. She further stated that, if the Board wishes to require certification of vendors and servers and licensing based upon that certification, an ordinance would need to be created. Ms. Lustgarten stated that it would be a policy decision made by the Board. She further stated that it is already voluntary, as far as the State is concerned.
Commr. Swartz suggested that the Board correspond with Mr. Jeff Herlong, Committee of 100, that the Board would like to encourage the support of the State's voluntary program.
ACCOUNTS ALLOWED/FINANCE
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to ratify the financial items, which needed to be paid prior to the Board meeting.
GRANTS/PUBLIC HEALTH/RESOLUTIONS
Commr. Bakich informed the Board that the State of Florida was awarded over eleven million dollars for anti-drug abuse purposes, and Lake County received over $115,000.00. He stated that, along with the grant funding, the County will have to provide 25% of the monies to be placed with the grant funding, which would be approximately $29,000.00, or approximately $145,000.00 total dollars for the project. He further stated that the Board of County Commissioners of each County is required to be the coordinating body, with the Substance Abuse Advisory Board consisting of the Chief Judge, State Attorney, Public Defender, Chief of Police from each municipality, Jail Administrator, Clerk of the Court, and a representative from the local drug treatment program. The main purpose of the funding by the County is to set up administrative support by supplying office space, so that the individual will be able to apply for continuing grant money that is made available by the State , for the purpose of substance abuse programing.
Mr. Al Thelen, County Manager, stated that the Federal funding is authorized for five years, depending on the application, which allows sub-grantees, which will require that a contract be developed. He stated that a Certificate of Participation needs to be filed indicating that Lake County wishes to pursue this issue.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Certificate of participation, to be signed by the Chairman, supporting Federal funding for anti-drug abuse in Lake County.
Mr. Thelen stated that Mr. Lonnie Strickland, Director of Health and General Services, has been designated as the contact person on this issue for Lake County.
RESOLUTIONS/STATE AGENCIES
Commr. Swartz discussed the notification of two proposed bills, proposed by Representative Everett Kelly, regarding the following:
House Bill 1805 relating to the CARL program would provide for the issuance of environmental license plates with an annual fee of $15.00, with the proceeds being
deposited into the CARL Program Trust Fund.
House Bill 1815 relating to the Rails to Trails land acquisition funding, which would establish a $2.00 surcharge on each bicycle sold in Florida, and a 2.5% surcharge on the retail price of tack (bridles, saddles, etc.).
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution for House Bill 1805 and a resolution for House Bill 1815, as indicated above.
RESOLUTIONS/STATE AGENCIES
Commr. Gregg informed the Board that he has received a letter from Ms. Jean Kaminski, Homebuilders Association, regarding workmens compensation. Ms. Kaminski requested that the Board pass a resolution in support the draft legislation (unnumbered) regarding the Workmens Compensation Reform.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution supporting the above draft legislation.
RECESS & REASSEMBLY
At 9:55 a.m., the Chairman announced that the Board would recess for five minutes.
ENVIRONMENTAL SERVICES
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the County and Post, Buckley, Schuh & Jernigan have engaged in the preparation of a County water and wastewater plan. A preliminary draft has been presented to the Board. He stated that the purpose of the workshop today was to familiarize the Board with the work that has been accomplished, and to approve the master plan process, and to discuss the preliminary conclusions and recommendations, and the financing alternatives, and to identify the steps and time schedule required to complete and implement the master plan.
Mr. Marc Walch, Project Manager of Post, Buckley, Schuh & Jernigan, appeared before the Board and stated that, in 1988, the Environmental Services Department identified some significant concerns about the water and wastewater package treatment plants in Lake County. The plan would have to be consistent with each of the cities' plans. Mr. Walch stated that PBS&J completed a countywide water and wastewater feasibility study, which identified four areas, which could potentially be served through a County wastewater system, and at this time presented a description of each of the following areas:
Northeast Service Area
Central Service Area
Astor Service Area
Northwest Service Area
Ms. Kim Keefer appeared before the Board to discuss the population projection methodology and the flow projections. Ms. Keefer also discussed the proposed facilities for water and wastewater, including the description of the model; defining the year 2010 systems; preliminary costs estimates (Total); phasing of near term improvements (Phase I); and the preliminary cost estimates (Phase I). The Board followed the presentation through the Lake County Wastewater Master Plan Executive Summary, which contained graphs that supported her comments.
Mr. Walch discussed the financial implementation strategies, in terms of cost per unit versus surrounding areas.
Mr. Mike Burton appeared before the Board to discuss the financing of the program being presented. He stated that there are two types of funding that is necessary, (1) the funding of the facility and the dollars necessary to put the facilities in the ground, and (2), the ongoing annual revenue requirements necessary to maintain and operate the facilities and to pay the debt service on the original funding that was necessary to put the facilities in the ground. At this time, Mr. Burton discussed typical mechanisms for actual funding upfront dollars.
Mr. Terry Lewis, Attorney, appeared before the Board to make a MSBU/MSTU presentation. He stated that the County could choose to employ: (1) independent taxing districts (2) municipal service taxing units (MSTUs); (3) municipal service benefit units (MSBUs); or (4) any combination of the three. Regardless of the mechanism which is selected, the County will be creating a tax or special assessment which will be earmarked for construction and operation of wastewater treatment facilities for a specific area.
Mr. Burton stated that he felt a funding program involving a user charge system would be the best financing method for Lake County. At this time, he discussed MSTU/MSBU Assessment Rolls, impact fees, and recommended that Lake County examine the possibility of a Farmers Home Administration loan.
Discussion occurred regarding the different resolutions and ordinances, as follows: Interim Package Treatment Facility Resolution; Connection Ordinance; Level of Service Ordinance; and MSBU/MSTU Ordinance. Also discussed were Interlocal Agreements.
Mr. Walch discussed the Water and Wastewater Master Plans and the Schedule of Implementation, as contained in the Executive Summary, and requested direction from the Board on the concept being presented.
Mr. Walch stated that a favorable response had been received from the cities, and indicated wanting to work with the County on the implementation of the plans.
Mr. Thelen discussed the septic tank issue, and the timing of extending the service and not being discriminatory.
Discussion occurred regarding an ordinance regarding the elimination of package treatment plants.
Commr. Bakich directed Mr. Findell to schedule a meeting in the month of May with Post, Buckley, Schuh & Jernigan, Inc., for discussion on any comments made by the Board.
Mr. Findell requested that the Board direct any comments to him, prior to the May meeting, in order for them to prepare for that meeting.
CLERK/FINANCE/REPORT
Mr. Jim Schuster, Director of Finance, appeared before the Board to make a presentation on the Lake County, Florida, Comprehensive Annual Financial Report, Fiscal Year Ended September 30, 1989. Mr. Schuster directed the Board' attention to the Letter of Transmittal and the Financial Statements contained within the Report..Mr. John Vodenicker, Ernst & Young, appeared before the Board and presented an financial overview of the report. At this time, he read into the record the following:
"We have audited the accompanying general purpose financial statements of Lake County, Florida at September 30, 1989, and for the year then ended as listed in the table of contents. These general purpose financial statements are the responsibility of Lake County, Florida's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit."
In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Lake County, Florida at September 30, 1989, and the results of operations and changes in financial position of proprietary fund types for the year then ended in conformity with generally accepted accounting principles."
Mr. Vodenicker presented a handout entitled Financial Overview, which consisted of a Financial Analysis, Balance Sheets, September 30, 1989 and 1988; Financial Analysis Revenues (All Governmental Fund Types) for the Years Ended September 30, 1989, 1988 and 1987; Financial Analysis Expenditures (All Governmental Fund Types) for the Years Ended September 30, 1989 and 1988; and Financial Analysis, Landfill Enterprise Fund for the Years Ended September 30, 1989, 1988, at which time he reviewed with the Board.
No formal action was needed by the Board.
JAILS/REPORTS
Mr. Mike McCabe, Project Manager, appeared before the Board to present an update on the Criminal Justice/Jail Facility. Mr. McCabe presented a film on the site work that has taken place as of this time. The film also consisted of the procedures that had been used for the removal of the soil and muck, and the stormwater collected on site and held in retention ponds, purified, and then discharged into the existing wetlands. Mr. McCabe stated that, as of March 12, 1990, 90% of the underground work has been completed, and the parking lot has been established. He stated that contracts had been awarded in March, with March 26, 1990, being established as the starting date of the Prelude Project.
The film also consisted of the mitigation that took place in recreating the wetlands. Mr. McCabe stated that 20,000 plants were installed. At this time, Mr. McCabe extended appreciation to several individuals who helped in assisting to obtain the necessary permits from the St. Johns River Water Management District.
Mr. McCabe stated that, if the Board had any suggestions as to the presentation form being used today, input be channeled through Mr. Mike Anderson, Capital Improvements Director.
Mr. McCabe stated that the completion date for the Prelude is scheduled for December 21, 1990. Substantial completion date for construction is due in November, 1990, with a one month turnover. Mr. McCabe then discussed the budget established for Prelude, which is comparable to the square footage of Genesis, in Orlando. Prelude will hold 192 inmates, which will be completed for approximately $600,000.00 less than Genesis. The current budget for Prelude is approximately $2,570,000.00. He then discussed the differences between the two projects.
Mr. McCabe stated that complete documents have been received for the Main Jail from Hellmuth, Obata & Kassabaum (HOK) for review by Barton Malow in the next two weeks, and if they are complete, a GMP will be issued for the Main Jail through Mr. Anderson and the Board.
Mr. McCabe discussed the Letters of Intent issued to date, with a total of $1,920,000.00 being awarded to Lake County contractors, which indicates a percentage rate of 86% being awarded to Lake County, and/or adjoining County contractors.
Mr. Anderson stated that a presentation will be made to the Board every 6-8 weeks by Barton Malow, on the progress of the project.
PUBLIC HEALTH/ORDINANCES
Ms. Annette Star Lustgarten, County Attorney, informed the Board that a draft ordinance has been prepared relating to Late Night Businesses, Stores or Operations, for the Board to consider for advertisement. She stated that the draft does not include the requirement for two clerks, or for a bullet proof containment area. It does essentially track the recommendation of the League of Cities Committee and the Board, and is similar to the Seminole County ordinance. The ordinance contained references to the following:.unobstructed view of sales area; new or remodeled facilities; limitation on amount of cash: sign relating to amount of cash on premises; safe required: security camera required; outside lighting requirements; course of instruction required.
Ms. Lustgarten stated that copies of the ordinance were sent to the Sheriff and his attorney for review. She discussed the applicability of the ordinance to municipalities, and the penalties involved, if any provision of the ordinance is violated. Commr. Bakich stated that he had previously suggested that the course of instruction be updated on an annual basis, with Ms. Lustgarten stating that this will be added to the ordinance before advertisement.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved to advertise the proposed ordinance pertaining to Lake Night Businesses, Stores or Operations, for a regular scheduled Board meeting in the month of May.
RECESS & REASSEMBLY
At 12:25 p.m., the Chairman announced that the Board would adjourn until 5:05 p.m., for the public hearing on the proposed Mining Ordinance.
ORDINANCES/PLANNING & DEVELOPMENT
At 5:05 p.m., the Chairman announced had arrived for the public hearing on the that the advertised time proposed Mining Ordinance.
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that the Board had been presented with the proposed Mining and Excavation Ordinance, Draft Number 1, for review, and which consisted of the changes approved at the final workshop meeting.
Ms. Annette Star Lustgarten, County Attorney, informed the Board of two minor changes in the draft. She stated that, on Page 16, Line 65, a non-substantial amendment has been defined. She further stated that, on Page 18, Lines 18-30, there is an appeal process in relation to the operating permit.
At this time, Commr. Bakich informed the audience that the final public hearing date will be May 8, 1990, at 5:05 p.m.
Mr. Frank Wagner, Wagner Excavating, appeared before the Board and recommended that the County leave the existing mines and pits as they presently exist, and regulate all of the new ones.
Mr. Steve Richey, Attorney, appeared before the Board and stated that he is representing approximately 14 mine operators in Lake County, and that he participated in the development of this ordinance. Mr. Richey stated that, should the Board make changes to the ordinance that has been presented, he would like to reserve his right to make comments on the changes.
Mr. Hal Turville, President of Lake Environmental Coalition, appeared before the Board and commented on the vesting issue contained within the ordinance. Mr. Turville stated that the Mining Ordinance should be written, not only for new mines, but to also address the shortcomings of the existing ones, and to make changes that would insure proper regulation of this activity. He stated that the proposal made by Commr. Swartz to cover the situation with administrative review on the appeals process needs to be reconsidered. He further stated that his proposal is compromising, because it eliminates both vesting and absolute compliance, leaving the Board with the final say. He encouraged the Board to give the issue considerable more consideration.
Mr. Paul Bethune appeared before the Board and directed the Board's attention to Page 2, Item 5, and recommended that the following be deleted: "... need not significantly impact the natural environment and adjoining properties." He then directed the Board's attention to Page 9, B.5. "Ownership of all property contiguous to, and within one hundred fifty (150) feet of, the property on which mining activities are to be conducted,...". He suggested that the 150 feet be changed to 300 feet, in order to handle all road and railroad right-of-ways, and to allow the adjacent property owners to be aware of what is being done. He stated that, on Page 21, 4. Wildlife Resources, the word "practicable" should be deleted. He further stated that, on Page 23, C.l. Setbacks a. "...and fifty (50) feet from all other property lines." He stated that he still objects to this issue, because isn't sufficient footage. Mr..Bethune stated that he would like to respond to the changes made by the Board, and that licensed professionals should make the inspections.
Ms. Betty Bethune appeared before the Board and stated that she felt some of the existing mines are too close to population centers, and that she is not satisfied that the proposed ordinance eliminates the adverse effect of mining. She recommended that a "one mile buffer from the city limits" be included in the ordinance.
Mr. Greg Homan, Chairman of the Mining Committee, appeared before the Board and stated that he does not endorse the proposed ordinance being presented today. He stated that this ordinance is not the ordinance proposed by the Committee. Mr. Hohman requested that the Board not approve this ordinance, because of the vesting clause and the presite excavation issue. He asked that the Board reconsider these two issues.
Mr. Andrew Packett, Clermont area, appeared before the Board and discussed the development that has taken place in the Clermont area. Mr. Packett stated that he did not feel that the miners have the right to enfringe upon the rights of the total populous in a community. He discussed the danger involved with the heavy trucking, and stated that the operators of the mines should have to put up money everytime a trucker drops clay on the highways. Mr. Packett stated that he did not feel that the conditions are good for the population in Lake County.
There being no further comments to be made in opposition to the proposed ordinance, Commr. Bakich directed the Board's attention to Page 6, I. "Development Review Committee", and Page 7, BB "Site Plan Advisory Committee", and stated that he thought these had been combined into the "Technical Review Committee". Ms. Lustgarten stated that the Code had not actually been amended to create the new Committee, but once it has, this will be reconciled throughout the ordinance.
Commr. Swartz stated that he felt the 150 feet requirement to notify property owners of a mining activity within 150 feet, is inadequate, and that 300 feet should be considered.
Commr . Bailey stated that posting of the activity should also be posted on the nearest road, or at the nearest intersection.
Mr. Findell stated that staff had reviewed a number of ordinances, and requirements for notification and there was no consistency upon which the Committee could make a recommendation. The recommendation made by the Committee and staff was 300 feet, but through the workshop discussion, the question arose as to the consistency with the current notification requirements for rezoning and Conditional Use Permits, with staff indicating no. Therefore, the Board chose to make this consistent with the requirement of 150 feet.
Commr. Swartz made a motion, which was seconded by Commr. Bailey, to strike "...(150) feet of,..." on Page 9, #5, and insert " . ..(300) feet of,...".
Under discussion, Mr. Fred Crabill, Florida Crushed Stone, stated that the Mining Ordinance Committee felt that the 150 was a compromise, with posting being made at the roadways. He stated that he did not feel that the industry would have a problem with 300 feet.
The Chairman called for a vote on the motion, which was carried unanimously.
Commr. Swartz discussed Page 23, C. Mining Operation Standards, 1 . Setbacks, a."... and fifty (50) feet from all other property lines.", and stated that 50 feet is inadequate.
Discussion occurred regarding b. of the same section, which states "Setbacks may be increased or decreased in special situations...". Commr. Bakich stated that he felt the only issue to be considered is a. in this section, and suggested increasing the 50 feet to 100 feet.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried, the Board approved to increase the fifty foot setback on Page 23, C. Mining Operation Standards, to 100 feet.
Commr. Gregg and Commr. Windram voted "no".
Commr . Swartz discussed vested rights and stated that, in an effort to find a compromise that protected both the people of Lake.county, who have to live and have to work in the proximity to mining activities, and to also recognize the concerns of the mining community, which was the practicality of meeting reclamation and operating standards, was to say that, under vested rights, you would be vested, but you would have to meet the standards to the extent that you could. He further stated that he felt this was an excellent compromise.
Commr. Gregg stated that he felt the language in the ordinance that allows staff to make a determination, based on hazard or threat to health, safety and general welfare of the public by the operation, assures the public of that protection without, also, taking away the right that the industry has in their mining operation, and the decisions they made on present regulations. He also stated that private property rights need to be considered when reviewing such an ordinance.
Commr. Swartz stated that the mining community informed the Board that there are other regulatory agencies that change their plans, which causes modifications to be made to their activities.
Mr. Findell stated that the mining ordinance provides the mechanism by which to enforce compliance of the standards set forth in the ordinance, when determining a health and safety problem.
Commr. Swartz stated that he does not feel that the County would be asking too much for the present mines to meet the standards set forth in the proposed ordinance. He stated that he still does not favor the granting of vesting, or allowing the current mines to be grandfathered into eternity.
There being no further business to be brought to the attention of the Board, the Board adjourned at 6:lO p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK
BCC/TMA/4-20-90