A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 4, 1992
The Lake County Board of County Commissioners met in regular session on Tuesday, February 4, 1992 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; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Mike Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
MINUTES
Regarding the Minutes of October 29, 1991 (Special Meeting), clarification was made to the misspelling of a word as requested by the Board.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of October 29, 1991 (Special Meeting), as presented.
Regarding the Minutes of November 5, 1991, (Regular Meeting), the following changes were requested:
Page 18, Line 2 - insert Wisher after "Ms. Lavon".
Page 19, Line 29 - delete "but to possibly move" and insert by possibly moving.
Page 21, Line 29 - insert not after the word "would".
Page 31, Line 17 - delete "eligible" and insert able.
Clarification was made to the misspelling of a word as requested by the Board.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of November 5, 1991 (Regular Meeting), as amended.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of December 19, 1992 (Special Meeting), as presented.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of January 3, 1992 (Special Meeting), as presented.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of January 16, 1992 (Special Meeting), as presented.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
COUNTY EMPLOYEES/PERSONNEL
At this time, Commr. Bakich presented the following awards and plaques, as Ms. Le Koranteng, Personnel Assistant, provided information on each individual:
Presentation of February "Employee of the Month" Plaque and Savings Bond to:
Clarence Morgan, Assistant Area Maintenance Supervisor, Maintenance Area I, Road Operations Division, Public Works Department.
Presentation of Plaques to Employees with Five Years Service
Five Years of Service
Joanne R. Meyer - Executive Secretary - Lake Soil & Water Conservation
Dee Ann Ratliff - Custodial Worker - Building Custodians (accepted by George Harrison)
Jerry W. Scott - Equipment Operator III - Maintenance Area III
Gary G. Steverson - Equipment Operator III - Maintenance Area III
Stephen A. Thompson - Chief Building Inspector - Building & Code Enforcement
CONSTITUTIONAL OFFICERS
CLERK OF COURT'S CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Accounts Allowed
Request for payment of Warrant No. 146135 through Warrant No. 146502, for the following accounts:
Landfills General Revenue
Aquatic Weed Section 8
County Fire Control Fund Capital Outlay
Private Industry Council Commissary Trust Fund
Animal Shelter Trust Fund Mosquito Control
Sales Tax Countywide Library
Resort & Development Fund Tax Emergency 911 Fund
County Transportation Trust Miscellaneous/Gas Fund
Law Library
Accounts Allowed/Budget Transfers/Deeds
Request transfer of funds, in the amount of $530.86, for the unclaimed excess proceeds due landowners on applications for tax deeds.
Municipalities/Resolutions/Landfills/Ordinances
Request to acknowledge receipt of a Resolution from the Lake County League of Cities, Inc. pertaining to the collection of solid waste in Lake County and requesting and supporting the adoption of a mandatory solid waste collection ordinance by the Lake County Board of County Commissioners.
Municipalities/Ordinances/Zoning
Request to acknowledge receipt of City of Eustis Ordinance No. 91-71, amending Chapter 24 of the Code of Ordinances, to annex property at 1918 Cornelia Drive and rezone from "R-1-15 Residential Estates District" (County Zoning) to "R-2 Single Family Residential District" (City Zoning).
Request to acknowledge receipt of City of Eustis Ordinance No. 91-72, amending Chapter 24 of the Code of Ordinances, to annex property at 2549 County Club Road and rezone from "R-1-5 Residential Estates District" (County Zoning) to "R-2 Single Family Residential District" (City Zoning).
COUNTY MANAGER'S CONSENT AGENDA
Ms. Annette Star Lustgarten, County Attorney, requested that Tab 8, the request for final plat approval of Maxwell Park Subdivision, be approved subject to the approval by the County Attorney's Office.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:
Administrative Services/Budgets/Bids
Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows.
(1) Specifications:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners.
BUDGETED
DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT
(1)Corrections Specifications for $41,000.00
Infrastructure inmate uniforms and
Sales Tax linens for start-up
Construction Bond of main jail.
(2)Corrections Specifications for $45,000.00
Infrastructure housekeeping, kitchen, per year
Sales Tax laundry chemicals
Construction Bond and automatic
dispensing system.
(3)Corrections Request approval to $ 0
declare approximately
75 beds removed from
temporary jail as
surplus property.
Estimated original cost to
County @ $11,396.26.
(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes. (Department Heads Authorized up to $1000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager):
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Public Works- Phillips Buick /repair $1,436.12
Road Operations accident damage to
Prop. # 8926, 1986
Chevrolet truck.
Phillips was the low bid.
(2) Health and Stainless and Sanitary/ $3,902.00
General Svcs - Stainless steel metals
Fire Services needed to construct new
tank for tanker # 31 in
Mt. Plymouth. Bottom is
rusted out of present tank.
Prop # 11,369.
(3) Public Works- Acme pumps & Well Points is
Road Operations the sole source for parts $3,000.00
and repairs for Lister Pumps.
(4) Public Works- On Nov. 18, 1991 a P.O for $2,550.00
Engineering 3 Kenwood low-band mobile
radios was awarded to Lake
Communications. They were
unable to deliver these
radios; therefore, the Pur-
chasing Department has
selected the next lowest
bidder (Master Communications)
which has resulted in an
increase of $63.00 over
previous P.O.
(4) Encumber Funds Previously Authorized:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Corrections- The Eli Witt Company/ $80,000.00
Commissary Blanket purchase order
for remainder of FY 1991-
1992 is February 1, 1992
thru September 30, 1992.
Est. cost per month at
$10,000.00 for resale items
for Inmates Annual Commissary
RFP # 002-092.
(2) Corrections- Mike Cook Distributors/ $12,000.00
Commissary Blanket purchase order
is for the remainder of
FY 1991-1992, February 1,
1992, thru September 30,
1992. Est. cost per
month at $1,500.00 for
resale items for Inmates
Annual Commissary RFP
# 002-092.
(3) Corrections- Mutual Wholesale Co./ $3,000.00
Food Services Blanket purchase order for
staple goods for January
1992 and February 1992 est.
at $1,500.00 per month. Bid
#019-387-092 prices prevailing
as low bid to be presented to
Board on February 11, 1992. This
product bids out every (6) months.
(4)Corrections- Mutual Wholesale Co./ $2,600.00
Food Services Blanket purchase order
for fresh eggs for
January 1992 and February
1992 est. at $1,300.00
per month. Bid
#054-387-092 prices
prevailing as low bid.
Award of new bid to be
presented to Board on
February 18, 1992. This
product bids out every
6 months.
(5) Corrections- B & R Foods /Blanket $3,000.00
Food Services purchase order for meat
and related items for
January 1992 and February
1992 est. at $1,500.00 per
month. Bid # 020-387-092
prices prevailing as
low bid to be presented to
Board on February 18, 1992.
This product bid out every
6 months.
(5) Approve Other Payments and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Corrections Bay Lake Pharmacy/ $7,029.00
Over-the-counter drugs
and prescription drugs
for inmates. Medication
purchased as needed
prior to completion of
evaluation of Bid #017-
268-092 which will become
effective January 1, 1992.
(2) Capital Change order to City of $4,000.00
Improvements Tavares to increase
Infrastructure purchase order # 70083
Sales Tax to cover cost of
Construction Bond temporary water and
sewer service to CJF.
Original est. total on
Purchase order at $2,500;
new purchase order estimated
total to be $6500.00.
(6) Approve Services That Do Not Require Bid or Quotes and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Capital Peoples Gas/Blanket $5,000.00
Improvements purchase order for
Infrastructure temporary utilities at
Sales Tax Main Jail for remainder
Construction of FY 1991-92 November
Bond. of 1991, thru September
of 1992. City of Tavares
has awarded the franchise
to Peoples gas therefore,
this is a sole source.
(2) Capital Homer E. Royals/DBA 1,162.50
Improvements Integrated Aquatic Svc.
Infrastructure Vendor to provide wetland
Sales Tax monitoring necessary to
Construction comply with St. Johns
Bonds. Water Management District
requirements - Supervision only.
(3) Environmental Ernst & Young/Progress $14,950.00
Services- billing for services
Solid Waste. rendered thru December 15,
1991 related to Resource
Recovery Project and Special
Audit Procedures related to
Ogden Martin Billing System
Contract # O-88. BCC approved
August 6, 1991.
(4) Health and The Vineyards Partners $2,670.00
General Svcs - Ltd./Installation of (2)
Fire Districts fire hydrants as requested
by Lake County Fire Dept.
Installed by Superior Asphalt
as per quote obtained by the
Vineyards. Per verbal
agreement with Chuck Sowers,
County Fire Chief 1989.
(5) Public Works - Mike's Mobile Repair/ $1,661.56
Road Operations Parts and labor for
value job, resurface
head, replace water
pump, check injectors
and replace parts.
Prop # 8553/J #4832.
(6) Public Works - Pieco Orlando, Inc. $20,685.14
Road Operations Final payment (retainage) (final payment)
payment of contract for
Astatula Fuel Facility
Proj. #F-1. Bid
awarded by BCC January 8,
1991, purchase order
#65496 for $206,851.36.
Payment to date
$186,166.22.
Accounts Allowed/Budget Transfers/Resolutions/Municipalities
Contracts, Leases & Agreements
Request for transfer of funds to various departments and other budget related items, as follows:
a. Fund: Sales Tax Bond Construction
Department: Capital Improvements
Division: Main Jail Project
From: Operating Expenses $350,000.00
To: Operating Expenses $350,000.00
Transfer #: 92-0053
b. Fund: Sales Tax Bond Construction
Department: Capital Improvements
Division: Main Jail Project
From: Operating Expenses $12,000.00
To: Operating Expenses $12,000.00
Transfer #: 92-0060
c.Resolution requesting that the General Fund be amended, in the amount of $10,000.00, in order to receive monies from the Town of Montverde per the Montverde/Lake County Sheriff Interlocal Agreement.
County Employees/Personnel
Request approval of certificates to employees with one and three years of service.
Contracts, Leases & Agreements/Personnel/Grants
Private Industry Council
Request from the Personnel Division for approval to submit Lake County's proposal to operate the 1992/93 JTPA, Title IIA and III programs to the Volusia, Lake Flagler Private Industry Council; and authorization for the Chairman to sign the Lake County Proposal, subsequent contract and other appropriate documents.
Planning and Development
Bonds - Mobile Home
Request to accept the following mobile home bonds:
Steve Carson - Eustis area - District 4
Paul M. Glynn - Dead River area - District 3
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following non-exclusive easement deeds:
FOR LARGE LOT WAIVER
Shelby Sellars - District 2
Milt Sommer - District 2
Claude Smoak - District 2
Frank Brice - District 5
Accounts Allowed/Subdivisions/Roads - County & State
Resolutions/Contracts, Leases & Agreements
Request for final plat approval of Ashley Subdivision; execute and accept an Escrow Agreement, in the amount of $5,007.30, for maintenance; and accept the following road into the County maintenance system: Ashley Court (5-6347F).
Accounts Allowed/Bonds/Deeds/Roads - County & State
Subdivisions/Resolutions/Rights-of-Way, Roads & Easements
Request for final plat approval of Maxwell Park Subdivision; accept a maintenance bond, in the amount of $5,300.00; accept a Warranty Deed from Kermit F. Clay for right-of-way; and accept the following road into the County maintenance system: McKinnon Street (2-1706); subject to approval by the County Attorney's Office.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Standby Letter of Credit, in the amount of $65,736.00, for maintenance for Park Place of Lake Joanna.
Accounts Allowed/Planning & Development/Subdivisions
Request to release escrow, in the amount of $1,620.40, for maintenance for Sugarloaf Estates.
Accounts Allowed/Planning & Development/Subdivisions
Request to release an Irrevocable Letter of Credit, in the amount of $5,582.00, for maintenance for Silver Lake Forest.
Public Works
Roads - County & State/Resolutions
Request to post NO THROUGH TRUCKS signs on Poe Street, clay portion (#5-5834).
Rights-of-Way, Roads & Easements
Request to accept Maintenance Map on Sleepy Hollow Road (#1-4523).
Request to accept Maintenance Map on Tomato Hill Road (#1-4521).
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following Statutory Warranty Deeds for lot approval:
Lauren L. Gehman - Wilson Parrish Road - #5-7660
Bruce Linder - Wilson Parrish Road - #5-7660
Tracy Zeller - Wilson Parrish Road - #5-7660
April Linder - Wilson Parrish Road - #5-7660
Frances Wilson - Wilson Parrish Road - #5-7660
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following non-exclusive easement deed:
Harvey R. and Hazel B. Kirkland - District 2
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ADMINISTRATIVE SERVICES/BUDGETS
PERSONNEL/ADMINISTRATIVE SERVICES
Ms. Eleanor Anderson, Executive Director, Management and Budget, appeared before the Board to present the request for two Management and Budget Analysts and requested that the Board consider at least one position, at this time, to replace two part-time positions.
Commr. Swartz stated that he supports considering one Management and Budget Analyst position, and suggested that the Chairman contact the Clerk's Office for the purpose of reviewing the possibility of transferring responsibilities and duties dealing with the budget for the Judicial and Constitutional Officers back to the Clerk's Office and also the possibility of transferring one position to the Clerk's Office.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved authorization to replace the temporary positions with one permanent position, and authorized the Chairman to contact the Clerk's office regarding the issue of transferring Judicial and Constitutional responsibilities.
Ms. Anderson stated that the request for transfer of funds from General Fund Contingency, to cover salaries and fringe benefits for the remainder of FY 1991-92, will be brought back for the Board's approval.
PERSONNEL/HEALTH & GENERAL SERVICES
Ms. Kathy McDonald, Interim Director of Health & General Services, appeared before the Board to present the request to post and fill the positions of Animal Control Attendant I and Fire Mechanic.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to advertise and fill the following positions: Animal Control Attendant I - Pay Grade 216-01 - Salary: $11,897.60 and Fire Mechanic - Pay Grade 224-01 - Salary: $17,617.60.
COUNTY MANAGER
PLANNING & DEVELOPMENT/HEALTH & GENERAL SERVICES
Mr. Mike Anderson, Interim County Manager, appeared before the Board to present the request to transfer the Section 8 Division from Planning and Development to Health and General Services. Mr. Anderson stated that he has spoken with Mr. Pete Wahl, the new County Manager, and he supports the realignment of the department at this time.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request to authorize the transfer of Section 8 Housing from Planning and Development to Health and General Services.
ACCOUNTS ALLOWED/JAILS/COUNTY BUILDINGS & GROUNDS
Mr. Mike Anderson, Interim County Manager, appeared before the Board to present this request.
Mr. Tom Neumeyer, Executive Director of Corrections, was present in the audience to answer questions presented by the Board.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to install vinyl composition tile in the Main Jail Dayrooms; and approved a change order for the subcontractor, in the amount of $40,282.02.
ENVIRONMENTAL SERVICES
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Mr. Don Findell, Environmental Services, appeared before the Board to present the request for authorization to amend the Post, Buckley, Schuh & Jernigan, Inc. Solid Waste Services Contract to allow geotechnical, waste characterization and related studies to be conducted at the Astatula Landfill in support of the landfill mining program, and to proceed with the work while the County Attorney is finalizing an amendment to the Contract, at a cost not to exceed $171,000.00.
Commr. Swartz stated that he would like to make an amendment to the Solid Waste Services Contract Scope of Services, which would add clarification to Subtask 2.3 - Technical Memorandum and Report Presentation, on page A5-9, Section 2.3.1, by adding a number 6 as follows: "the potential compostible fraction of the mine waste". He stated that this language is within the scope of services and will require no additional cost.
Mr. Don Findell, Director of Environmental Services, stated said language has been duly noted and incorporated in the Scope of Services, at which time discussion occurred regarding landfill mining and the Astatula Sanitary Landfill, with Mr. Bill Cummins, Environmental Services, responding to questions presented by the Board.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Amendment No. 5 to the Post, Buckley, Schuh & Jernigan, Inc. Solid Waste Services Contract; with the addition of a No. 6 to 2.3.1, Subtask 2.3, as stated above.
LANDFILLS/BIDS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to seek bid proposals for recycling services as outlined and recommended by the Recycling Committee.
LANDFILLS/COMMITTEES/APPOINTMENTS-RESIGNATIONS
Mr. Don Findell, Director of Environmental Services, appeared before the Board and stated that three applications have been submitted in response to the advertising for those interested in serving on the Lake County Solid Waste Committee.
It was the consensus of the Board to postpone the appointments to said committee until the Board has had adequate time to recruit members for said committee.
HEALTH AND GENERAL SERVICES
RESOLUTIONS/VETERANS SERVICE
Ms. Kathy McDonald, Interim Director of Health and General Services, appeared before the Board to present the request from Veterans' Services to adopt a resolution supporting the location of a Veterans' Administration Medical Center in Volusia County. Ms. McDonald stated that Mr. Don Priem, Veterans' Service Director, was present in the audience.
Commr. Bakich stated that he would not support endorsing one specific location, at which time Commr. Gregg concurred. Discussion occurred regarding the proposed sites and which site would best serve the citizens of Lake County.
Mr. Priem stated that the three counties being considered are Brevard, Orange and Volusia, one of which is in the Oviedo area (Seminole/Orange County Line) and one is located in Orange County, approximately twenty (20) miles east of the airport.
Ms. McDonald suggested the Chairman write a letter to the Veterans' Administration stating that Lake County supports the site in Volusia County and the two sites in Orange and Seminole County.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution supporting the location of a Veterans' Administration Medical Center in Volusia County, and supporting the additional sites in Seminole County and Orange County.
PLANNING AND DEVELOPMENT
ROADS - COUNTY & STATE/RESOLUTIONS
Commr. Bailey requested that the request to change Old Okahumpka Road to Virgil Hawkins Circle, and the request to change a portion of CR468 to Hawkins Durden Boulevard, be moved to the end of the agenda.
COMMITTEES/PLANNING & DEVELOPMENT/APPOINTMENTS-RESIGNATIONS
Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the discussion on the membership of the Lake County Affordable Housing Task Force.
Ms. Ava Kontz, Assistant to the County Manager, stated that the Lake County League of Cities has requested that Mr. Lee Hokr serve as their representative.
It was the decision of the Board to authorize the Chairman to review the applicants for each category and present his recommendations to the Board.
TAX COLLECTOR
Mr. Mike Anderson, Interim County Manager, appeared before the Board and stated that Mr. Keith Hall, Tax Collector, has contacted his office regarding the publication of delinquent taxes. He stated that it is the Board's policy to rotate, on an annual basis, the publication of delinquent taxes between local newspapers, with the costs for said publication ranging from $16,000.00 to $61,000.00. Mr. Hall has suggested that a Request for Proposal (RFP) be prepared for the publication of delinquent taxes, which would result in a more competitive cost figure. Mr. Anderson stated that he has informed Mr. Hall that his office would prepare a Request for Proposal (RFP), to include specific criteria, for his review and comments.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved authorization for staff to design a Request for Proposal (RFP) and approved authorization to go to bid for the publication of tax sale certificates.
JAILS
Mr. Mike Anderson, Interim County Manager, informed the Board that construction on the new jail will be completed in March, and he anticipates a Certificate of Occupancy by the end of March. He stated that Corrections will be using the facility by mid April and requested direction from the Board as to whether they want a formal open house and designation of a date for a formal open house for said facility.
The Board directed staff to designate a specific date for a formal open house for the new jail and return with said date for the Board's approval.
COUNTY ATTORNEY'S MATTERS
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present this request.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to pay, from County Transportation Trust funds, attorney's fees and costs in the case of Lake County vs. Mahaney.
COUNTY ATTORNEY/COMMITTEES/RESOLUTIONS
APPOINTMENTS-RESIGNATIONS
Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present this request.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the request for a resolution appointing the County Attorney to the Fifth Judicial Circuit Conflict Committee.
Commr. Swartz was not present for the discussion or vote.
PUBLIC HEARINGS/TIMES CERTAIN
GRANTS/MUNICIPALITIES/FIRE PROTECTION
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and stated that the purpose of the public hearing today is for public comment on the proposal to apply for $497,800.00 in Community Development Block Grant funds. He stated that the application is for neighborhood revitalization for the communities of Stuckey and Yalaha.
Mr. Swanson stated that the community of Stuckey would receive an expenditure, in the amount of $275,000.00, for the proposed land acquisition for providing a fire station, constructing a fire station and equipping the fire station with a new fire apparatus.
Mr. Swanson stated that the community of Yalaha would receive an expenditure, in the amount of $222,800.00, for land acquisition and donating said land to a non-profit agency, so that housing can be constructed and either sold, or rented, at a price that falls within Lake County's adopted definition of affordable housing.
Commr. Swartz stated that his concern is not whether or not Stuckey needs neighborhood revitalization, but whether or not there is a need for a fire station, and whether or not the County needs a fire station in Stuckey. He questioned what the County's ability is to amend or to find something else that would more directly benefit the residents in the Stuckey area as opposed to a fire station, that may or may not fit into what the real needs are for a fire station.
Ms. Kathy McDonald, Interim Director of Health and General Services, appeared before the Board and stated that a fire station located north of Stuckey would be an appropriate site, but to locate a station within the community of Stuckey is not an appropriate site, due to the fact that Sumter County is located immediately on one side and Mascotte is located directly on the opposite side. Ms. McDonald stated that one option would be to install an apparatus in the Yalaha station.
At this time, Commr. Bakich called for public comment, with no one wishing to discuss this issue with the Board.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to amend the application to look into the acquisition of land for affordable housing in the Stuckey area rather than a fire station.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to proceed with the grant application and to include, as appropriate, an additional fire apparatus in the application pertaining to Yalaha.
Commr. Hanson questioned if there might be a need for community centers in the communities of Stuckey and Yalaha, with Mr. Swanson stating that staff would look into the possibility of such a need.
COMMISSIONERS' BUSINESS
ACCOUNTS ALLOWED
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.
COMMITTEES/RESOLUTIONS
Commr. Bailey presented the request for a resolution establishing a Lake County Baseball Task Force, stating that the Tourist Development Council has voted unanimously to recommend to the Board of County Commissioners the establishment of such a Task Force, at which time he reviewed the purposes and duties as outlined in the resolution.
Commr. Swartz stated that, as the Board appoints members to the Task Force, it would be helpful to have some members on the Task Force that were involved in the Leesburg effort several years ago.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution creating the Lake County Baseball Task Force, for the purpose of pursuing support and evaluating the feasibility of baseball in Lake County.
PLANNING AND DEVELOPMENT
ROADS - COUNTY & STATE/RESOLUTIONS
Commr. Bailey stated that Mr. Harley Herman, Attorney, was asked to prepare a petition supporting the request to change Old Okahumpka Road to Virgil Hawkins Circle in honor of Virgil Hawkins.
Mr. Harley Herman, Attorney, appeared before the Board to present two honorary road name changes, the first being a request to change Old Okahumpka Road to Virgil Hawkins Circle, and the second being a request to change a portion of CR468 to Hawkins Durden Boulevard, at which time he gave a brief history of said requests. Mr. Herman stated that the primary reason they have been unable to obtain signatures from a majority of the property owners on CR468, is due to the fact that a large portion of said road is either abandoned properties, or are vast woodlands that have never been built. He further stated that they have been unable to obtain support from fifty-one (51%) percent of the property owners on the Hawkins Durden Boulevard proposal, and suggested that this may be an issue that the community may want to approach at another time, looking at what might be appropriate along the line of recognition for Attorney Durden.
Mr. Herman stated that they have approximately seventy-five (75%) percent of community support regarding the honorary road name change from Old Okahumpka Road to Virgil Hawkins Circle. He stated that he is not requesting action be taken on the request to change a portion of CR468 at this time, and reiterated that individuals other than himself, within the community, may wish to proceed with the renaming, if they deem it appropriate.
Commr. Bakich stated that he supports endorsing road name changes to individual roads within a community but does not support renaming of highways.
Commr. Swartz stated that he feels it is appropriate to name roads after individuals, and supports the renaming of the road in Okahumpka, with Commr. Gregg stating that, if 51% of the property owners agree to the renaming of a road, he feels the renaming is appropriate and should be adopted.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request to change Old Okahumpka Road to Virgil Hawkins Circle to serve a public purpose, District 2.
Discussion continued regarding the request to change a portion of CR468 to Hawkins Durden Boulevard and the stretch of road to be renamed, with Commr. Gregg stating that, for 9-1-1 purposes, it is important to maintain consistency, and recommended that the whole stretch of CR468 be renamed and not just a short segment of said road.
Commr. Swartz stated that the new Addressing Ordinance removes the 51% requirement, and if those who might want to consider renaming the road indicate that interest, the Board could then make a public notice to allow citizens to address the issue, at which time Ms. Annette Star Lustgarten, County Attorney, reviewed language in the Addressing Ordinance which addresses this issue.
Mr. Herman stated that it would be helpful to have a policy clarifying, in terms of 9-1-1 service, what portion of CR468 will be required to be renamed.
No action was taken on the request to change a portion of CR468 to Hawkins Durden Boulevard.
MEETINGS
Commr. Hanson stated that, on February 3, 1992, she met with the Lake County League of Cities, and they have requested that a meeting be scheduled with the Board of County Commissioners, City Managers, Elected Officials and staff members on February 27, 1992, at 9:00 p.m., to be held at Vics Embers.
Discussion occurred regarding the purpose of a meeting, at which time it was the decision of the Board to participate in a meeting on February 27, 1992, as requested by the Lake County League of Cities.
RECESS AND REASSEMBLY
At 11:00 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 p.m. for the workshop on Land Development Regulations.
PLANNING & DEVELOPMENT
Commr. Bakich announced that the workshop today will be on the Land Development Regulations (LDRs) to the Comprehensive Plan, with a public hearing scheduled at 5:05 p.m. for the purpose of determining the direction the Board wishes to proceed.
At this time, Commr. Bakich introduced Ms. Paulette Alexander and expressed the Boards' gratification for the energy and efforts put forth on her part and those of the Land Development Regulations Committee members responsible for preparing the LDRs document.
Mr. John Swanson, Executive Director of Planning and Development, appeared before the Board and introduced Ms. Gail Easley and Ms. Cyrilla Cook, representing Henigar & Ray, Inc.; Ms. Jane Fitzpatrick, representing Henderson Young and Company; and Mr. Greg Stubbs, Project Director, Land Development Regulations.
Ms. Paulette Alexander appeared before the Board as the spokesperson for those who served on the Committee and addressed the problems the committee has experienced with critics who have implied that members working on the committee have a lack of integrity, referring to an article printed in a local newspaper. Ms. Alexander, at this time, reviewed credentials of the members of the LDR Committee and stated that the majority of the Committee members have stated that they will not serve on another committee in this County, because of the accusations made by critics and the press. She stated that she has been involved in environmental protection for twenty years, and members of the committee also have a long history of environmental protection and feel they can put their environmental record up against anyone. It is unfair for critics to allege that members had their own vested interest in serving on the committee, and stated that her statements are for the record. At this time, Ms. Alexander urged the Board to consider their responsibility to protect the environment of this County, to protect mankind, provide jobs, and provide an economic base that can support the people in the County. She stated that history has shown that only an affluent society can afford to protect the environment, and unless there are regulations that will protect the environment while providing opportunity for quality growth in Lake County, we will not be able to protect the environment. Ms. Alexander stated that she urges the Board to adopt the regulations before the Board today.
At this time, the Board members individually expressed their support of the LDR Committee.
Statutory Effect of Adoption
Mr. Swanson stated that, at the conclusion of the public hearing at 5:05, the Board will be asked to make a decision on the adoption of the LDRs, which will be for approval, rejection, or continuation. Florida Statutes 163.3194 indicates, if local government allows existing land use regulations to be in effect that are presently in existence, and are not in compliance with the Comprehensive Plan, the Board must adopt a schedule for compliance.
Ms. Gail Easley, representing Henigar & Ray, Inc., appeared before the Board and reviewed language contained in the statute referred to by Mr. Swanson, and stated the County is required to adopt Land Development Regulations by February 1, 1992.
Ms. Annette Star Lustgarten, County Attorney, stated that, if the LDRs are not adopted within the time frame of February 1, 1992, the County runs the risk of challenge to any development orders issued in the period between February 1, 1992 and the time the LDRs are actually adopted.
Commr. Bailey stated that he encourages the Board to take whatever time is necessary to make sure they are comfortable with the LDRs, with Commr. Gregg concurring with Commr. Bailey and stating that he would support a thirty to ninety day time period for the purpose of reviewing the LDRs document.
Vesting
Ms. Easley reviewed areas within the vesting language that have been modified, stating that changes have been made in the Large Lot Waiver, which essentially incorporates the language that is in the current regulations. Ms. Easley distributed a handout addressing vesting, to be inserted in Chapter V Concurrency, following page V-19, of the LDRs document.
Commr. Swartz suggested that discussion occur in general terms regarding vesting, to which Ms. Lustgarten responded that, with the adoption of the Comprehensive Plan, the County adopted a Land Use Map which designated Land Use designations that permitted certain densities within those land use categories. Existing zoning for other approved development orders, that are consistent with those land use designations, are permitted to go forward with development based on that density, because they are consistent with the Comprehensive Plan. Vesting language deals with developments that are not consistent with the density in the land use designations. Ms. Lustgarten stated that the Comprehensive Plan allows the developer to go forward based on the preliminary plat for 18 months from the effective date of the Plan, if the preliminary plat approval was filed prior to the effective date of the Plan, and the plat will be processed based on the LDRs in place prior to the effective date of July 15, 1991 of the Comprehensive Plan. If the site plan application was submitted prior to the effective date of July 15, 1991, that site plan has two years in which to develop under the LDRs that were in place at that time.
Discussion occurred regarding vesting language for plats recorded prior to January 1, 1976, commercial zoning, and Planned Unit Developments (PUD). Ms. Lustgarten reviewed revised language under Section 1.02.15 Planned Unit Developments, page I-5, which states that final approval of a Planned Unit Development ("PUD"), granted prior to July 16, 1991, shall have density and intensity development rights for a period of two (2) years from the effective date of the PUD ordinance and provides that "lots depicted on an approved PUD Preliminary Development Plan shall be exempt from requirements of Subsection 6.01.06 (Wetland Buffers)".
Ms. Lustgarten addressed language on Industrial Uses, Section 1.02.8, page I-3, which states "Industrial zoning existing as of July 15, 1991, shall be vested for density and intensity".
At this time, Ms. Lustgarten brought up for discussion vesting of Large Lot Waivers, Section 1.02.09, page 1-3, which states, "Any lot created by the large lot process prior to February 4, 1992 and a building permit is issued to the lot prior to February 4, 1992, shall be vested for density development rights". Commr. Swartz suggested that Large Lot Waivers be vested for the development rights subject to the LDRs in place the day before the effective date of the LDRs for up to 18 months, and after 18 months they can develop under the new LDRs. Ms. Lustgarten clarified that Large Lot Waivers apply only to five (5) acre parcels or greater. Discussion occurred regarding agricultural waivers, with Ms. Lustgarten stating that language would be inserted to include "agricultural waivers".
Ms. Lustgarten brought up for discussion language in Section 1.02.10, page I-3 and I-4, regarding Lot Approvals, stating that Lot Approvals is an administrative process and policy, which was established by the County, and states that a lot created by the lot approval process prior to February 4, 1992, shall be vested for density development rights provided all abutting lots are owned by different owners on February 4, 1992, and a building permit is issued within eighteen (18) months; and shall be vested for density development rights provided all abutting lots are under common ownership as of February 4, 1992, are aggregated, and a building permit is issued within eighteen (18) months. She stated that the language reflects the policy which has existed, permitting subdivision of a lot up to five (5) on a paved county road. Ms. Lustgarten clarified that the intent of the Board for Lot Approvals is that density will be vested forever, and will be vested and developed based on old LDRs for eighteen (18) months, thereafter, they will be required to comply with the new LDRs.
Commr. Swartz suggested that a number 3 be added to Section 1.02.10 Lot Approval B. which would address two abutting lots owned by the same owner, and indicating that they have density and development rights for eighteen (18) months, and after eighteen (18) months, they are required to aggregate and can pull only one permit, at which time discussion occurred regarding said language.
Discussion occurred regarding language under Mobile Homes, Section 1.02.11, page I-4, which states a mobile home shall not be vested in the Wekiva, with the decision of the Board to insert the same language as stated in Section 1.02.12 Mobile Homes, with the July 15, 1991 date being changed to reflect a March 12, 1991 date in both sections.
COMMISSIONERS
At 3:05 p.m., the Chairman, Commr. Bakich, turned the chairmanship over to Commr. Gregg.
Vesting (Continued)
Ms. Lustgarten stated that Section 1.02.02, Page I-2 should be deleted.
COMMISSIONERS
At 3:10 p.m., Commr. Gregg returned the chairmanship to Commr. Bakich.
Zoning
Commr. Hanson brought up for discussion the elimination of the minimum square footage requirement for a home, stating that staff has suggested an overlay to address these concerns. Ms. Lustgarten suggested language be inserted in Chapter III, Zoning District Regulations, which would address an existing subdivision where development has commenced, and that development shall be required to go forward based on the zoning district, and the minimum housing requirements that were in place at the time the development was started. Commr. Swartz directed staff to review subdivision regulations that are in existence at this time, and what is proposed, and prepare a list of the changes for the Boards' review before the next LDR workshop.
RECESS & REASSEMBLY
At 3:20 p.m., the Chairman announced that the Board would recess and reconvene at 3:40 p.m.
Vesting (Continued)
Ms. Lustgarten responded to a question presented by Commr. Bakich regarding vesting of Lot of Record, at which time discussion occurred regarding the definition of Lot of Record, in a plat, and Non-Conforming Lots of Record. Ms. Lustgarten stated that staff will address these issues and present their findings to the Board at a later time.
Commr. Gregg stated that language should be addressed regarding the future of developments that are continuing, at this time, under the Comprehensive Plan, and current language is found to be in non-compliance by the Department of Community Affairs (DCA), at which time Ms. Easley responded that previously DCA has placed conditions in the stipulated agreement that affects the Boards' ability to issue development orders, however, language has since been removed which placed limitations on issuing development orders. She further stated that the agreement is a contract between the County and the State, which will not affect existing development until the plan is amended. At that time, regulations will be amended and the issues of developments in process can be addressed.
Commr. Gregg suggested that vesting language be inserted which states projects are vested for eighteen (18) months, that come in under the present plan, at which time staff stated that they will address this issue.
Vested Rights for Concurrency
Mr. Stubbs presented a handout prior to the meeting containing Section 5.06.00 through Section 5.07.13, which is a continuation of language and is to be inserted after page V-19 in Chapter V Concurrency.
Ms. Jane Fitzpatrick presented a brief overview of the proposed Concurrency Management System that is consistent with the adopted Comprehensive Plan.
Ms. Easley stated that there is an internal inconsistency in the terminology regarding preliminary and final development order as it relates to concurrency, but not as it relates to development approval, and a modification should be made addressing this inconsistency. She stated that by statute, the County is required to implement concurrency provisions, effective February 1, 1992, enabling staff to rely on the policies in the plan to go forward with the concurrency determination.
At this time, Ms. Lustgarten gave a brief review of the definition of Vesting for Concurrency and reviewed types of public facilities subject to Concurrency Test, Concurrency Test Applicability, and expiration of Certificate of Capacity.
Discussion occurred regarding language under Section 5.06.05, page V-21, Final Site Plan, and Plat, with Ms. Lustgarten stating that a timeframe of six (6) months will be added to said language.
Discussion occurred regarding Section 5.06.07, Subsequent Approval, Ability to Make Application; Section 5.07.00, Expiration of Vested Rights Certificates; and Section 5.07.02, Building Permits, at which time Ms. Lustgarten stated that there is a need to define Final Development Order, to which Ms. Cyrilla Cook responded that, at one time, there was a definition for preliminary and final, but the language was removed, resulting in an inconsistency.
Commr. Gregg brought up for discussion language regarding Industrial Standards, which states, "any industrial use which emits smoke, dust, vapors, fumes or odors, or which causes vibration of the ground, burning of waste products to be placed upon the ground, shall conduct such operations not less than two hundred feet from the nearest right-of-way line of any public road, county road, state or federal highway, or the adjacent boundary of any property owned by others", and suggested language be inserted which states "in a non-industrial zoning district".
There being no further business to be discussed by the Board, the meeting adjourned at 4:50 p.m.
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MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK