The Lake County Board of County Commissioners met in regular session on Tuesday, March 10, 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; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Administrative Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Riggs, Deputy Clerk.
Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of February 11, 1992, Regular Meeting, as presented.
CONSTITUTIONAL OFFICERS
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests:
Accounts Allowed
Payment of County bills and bills of indigents, Warrant #147439 through Warrant #147747, for the following accounts:
County Fire Control Fund Mosquito Control
General Revenue Landfills
County Transportation Trust Private Industry Council
Capital Outlay Emergency 911 Fund
Aquatic Weed Resort & Development Fund Tax
Commissary Trust Fund Northwest Fire District
Countywide Fire District Sales Tax
Countywide Library Northeast Ambulance
Section 8 Road Impact
School Impact Trust Fund Miscellaneous/Gas Fund
Accounts Allowed/Courts-Judges
Request to approve and signature authorization on the Satisfaction of Judgment, Case No. 83-105-CJ, Charles Leroy Black, Juvenile, Delores Crow, Parent, in the amount of $200.00.
Accounts Allowed/Courts-Judges
Request to approve and signature authorization on the Satisfaction of Judgment, Case No. 91-359-CJ, Johnny L. Davis, Juvenile, Mary Davis, Parent, in the amount of $50.00.
Audits/State Agencies/Water Resources
Request to acknowledge receipt of the St. Johns River Water Management District Annual Financial Audit for FY 1990-91 accepted by the St. Johns River Water Management Governing Board on February 12, 1992.
Accounts Allowed/County Property
Request to approve the list of six (6) items to be deleted from Fixed Assets for the month of March, 1992, in the amount of $64,344.55.
COUNTY MANAGER'S CONSENT AGENDA
Under the County Manager's Consent Agenda, Commr. Swartz requested that Tab 3 be pulled for discussion, and Commr. Bakich requested that Tab 1 be pulled for discussion.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the County Manager's Consent Agenda, with the exception of Tabs 1 and 3, for the following requests:
Accounts Allowed/Budget Transfers/Resolutions/Grants
State Agencies/Municipalities
Request to approve the following budget transactions:
a. Budget Transfers
1. Fund: Sales Tax Bond Construction
Department: Capital Improvements
Division: Main Jail Project
From: Operating Expenses $800,000
To: Operating Expenses $800,000
Transfer#: 92-0082
b. Resolution requesting that the General Fund be amended to increase the total budget to include unanticipated funds
received for the purpose of assisting low-income Community
Services Block Grant Eligible individuals in the amount of
$4,685.00.
c. Resolution requesting that the General Fund be amended to
increase the total budget to include unanticipated funds
in the amount of $19,717.00 received from the Florida
Department of Community Affairs to prepare the FY 1991/92
Hazardous Material Emergency Plan Update.
d. Resolution requesting the remaining funds of approximately
$61,000.00 of the Fish Conservation fund for improvements
at Tavares Park be recognized in the Fiscal Year 1991/92
budget in order to complete the project.
Planning & Development/Subdivisions
Request for preliminary plat approval of Lake Griffin Terrace. (18 lots in District 5).
Accounts Allowed/Planning & Development/Subdivisions
Request to release escrow in the amount of $3,520.00 for performance of drainage in Lake Emma Ridge. (7 lots in a 32 lot subdivision in District 2).
Deeds/Rights-of-Way, Roads & Easements
Request to accept the following Non-Exclusive Easement Deed:
FOR LARGE LOT WAIVER
Juanita Prescott - District 3
Resolutions/Public Health
Request for Proclamation declaring March, 1992, as "Living Well" Month in Lake County.
Public Works/Roads-County & State
Request to accept a maintenance map on Radio Road (#1/5-5433).
Deeds/Road Projects
Request to accept the following Statutory Warranty Deeds as Corrective Deeds:
FOR ROAD PROJECT
C. Burton Polk & Edythe M. Polk - Estes Road - #4-5876
John K. Prokop & Marion F. Prokop - Estes Road #4-5876
Richard F. Prokop - Estes Road - #4-5876
ACCOUNTS ALLOWED/ADMINISTRATIVE SERVICES-BUDGET/BUDGET
Discussion occurred regarding Tab 1, the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.
Commr. Bakich questioned Page 2 (1) regarding the band mobile radios for Public Works and parks and Recreation, with Mr. Jim Stivender, Director of Public Works, explaining the request.
Commr. Bakich questioned Page 6 (5) regarding the three (3) party agreement with the Department of Transportation (DOT), with Mr. Stivender explaining this request.
Discussion occurred regarding Tab 3, the request for the Chairman to write a letter to the U.S. Postal Service indicating that the County does not oppose the site for the new facility in the Mt. Dora area.
Mr. Pete Wahl, County Manager, explained that the Postal Service had requested that the Board write a letter of no opposition to this issue, and staff was not sure that the Board wanted to get involved.
Commr. Gregg stated that he has been contacted on this issue, with a request that the Board approve a resolution supporting a new facility in the Golden Triangle area, in an existing shopping center. He stated that he would like to see the facility kept off of Highway 441, and being kept more in the downtown area.
Commr. Swartz discussed his feelings regarding the issue of removing a post office from a downtown area, and stated that he would not support a resolution encouraging the post office to have that facility located out of the community of Mount Dora.
Commr. Hanson stated that several things are being contemplated, one being to keep the post office in downtown Mount Dora, but to also have a distribution center in the Golden Triangle area, possibly at the old shopping center. She stated that it would be out of line for the Board to take a stand on this issue, at this time.
Commr. Swartz stated that he would be supportive of the Board taking a stand to encourage the post office to work with the City of Mount Dora, to make sure that the post office is located in Mount Dora.
Commr. Bailey suggested that the Board wait until it receives some direction from the City of Mount Dora before taking any action.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved Tab 1, as follows:
(1) Specifications:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Capital Cost for moving company $ 12,000.00
Improvements- to move contents of the
Infrastructure Round Courthouse to
Sales Tax Const. the new Courts Facility.
Bond.
(3) Quotes:
All quotes or services from $1000 to $5999 require written
quotes (Department heads authorized up to $1,000 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 Masters Communications/ $ 2,550.00
Parks & Rec. 3 ea. XRT low band mobile
radio #70-1495B @ $850.00 ea.
(4) Encumber Funds Previously Authorized:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Health & General Safety Equipment/ $ 6,800.00
Services- Fire * Requests board approve
Service letter to extend Bid #
031-340-092 on fire
fighter equipment, and
encumber funds to
purchase fire fighter
helmets. * low bid on
helmets at $85.00 ea.
(5) Approve Other Payments and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Public Works- Goodyear Auto Service Ctr./ $ 1,313.00
Fleet Maint. Stock tires for heavy
equipment, state contract
#863-000-89-1. 5 ea. at
$262.60 each.
(6) Approve Services That Do Not Require Bid
or Quotes and Encumber Funds:
VENDOR/DESCRIPTION OF
DEPARTMENT/DIVISION ITEM AMOUNT
(1) Corrections Sheriff's Office, Lake $ 1,500.00
County/ reimbursement for
50/50 cost sharing of
professional training
consultant for a two day
program on " Managing Legal
Risk in Law Enforcement."
(2) Corrections- Bay/Lake Pharmacy/ $ 7,641.01
Medical over the counter and
prescription drugs for
inmates for the month of
January, 1992.
(3) Corrections - Dr. Josephine Martin/ $ 16,940.00
Medical monthly salary of $2,420.00
through September 30, 1992.
(4) Health & General Woodland Lutheran Ministries $ 3,000.00
Svc. - Fire Svc. Rental of fire station #97
at Woodland's Lutheran Camp
1990 - $1,500.00
1991 - $1,500.00
(5) Public Works- Florida Central Railroad $ 4,849.50
Road Operations 3 party agreement with
D.O.T. Central Railroad
and Lake County.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to send a letter to the Mayor of the City of Mount Dora indicating the Board's concerns with the issue of the site for the new facility, and to request their input regarding the location of the post office.
COUNTY MANAGER'S DEPARTMENT BUSINESS
COUNTY EMPLOYEES/ENVIRONMENTAL SERVICES
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization to post and fill the following vacant position:
Environmental Services
Executive Director - Pay Grade 990-00
Starting Salary: $48,750.00
COUNTY MANAGER/COUNTY EMPLOYEES/ENVIRONMENTAL SERVICES
It was noted that Mr. Mike Anderson, Capital Improvements Director, has been appointed to assume the management respon-sibilities of the Executive Director of Environmental Services, with this issue being placed on the agenda for informational purposes only.
COUNTY MANAGER/PERSONNEL/INSURANCE
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for concurrence, effective immediately, that the Offices of Personnel and Risk Management report directly to the County Manager.
ACCOUNTS ALLOWED/JAILS/BONDS/BUDGET
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request from Capital Improvements to order 93 phones for the new jail out of the Sales Tax Bond Communications Account. The estimated cost is $5,795.69.
ACCOUNTS ALLOWED/BIDS/COUNTY PROPERTY
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request from Capital Improvements to go out for bid to proceed with sub-surface soil investigation on the site of the Tourist Development Welcome Center, at an estimated cost of $2,000.00.
APPOINTMENTS-RESIGNATIONS/COMMITTEES/OUTDOOR RECREATION
Discussion occurred regarding the request for the appointment of four members to Parks and Recreation Advisory Board per Ordinance No 1991-5.
Commr. Bailey stated that he would make his recommendation to replace Ms. Kathy England, on March 17, 1992.
Mr. Chuck Pula, Director of Director of Parks and Recreation, informed the Board that Mr. Will Davis would be unable to serve in this capacity again, and wanted to suggest that the Board consider Mr. Rene James, Park Manager at Hickory Point Park.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the following appointments to the Parks and Recreation Advisory Board: Rene James, Jim Myers, Sandra Green, and Nevin Thompson.
COUNTY ATTORNEY MATTERS
LANDFILLS
Ms. Annette Star Lustgarten, County Attorney, informed the Board that Mr. Bob Varner, Verner, Liipfert, Bernhard, McPherson & Hand, is scheduled to appear before the Board at 11:30 a.m. regarding the memorandum before the Board, in relation to the Ogden Martin Systems of Lake, Inc. negotiations.
MUNICIPALITIES/ORDINANCES
Ms. Annette Star Lustgarten, County Attorney, stated that the public meetings with the City of Eustis and the City of Fruitland Park were set, in response to their Notice of Intent to sue. The meeting in Eustis has been confirmed for 9 a.m., on March 19, 1992. She stated that the members of the Fruitland Park City Commission cannot meet during the day on the 19th of March, and provided several times at night for the Board's consideration. She stated that the Board is meeting on March 17, 1992, at 5:05 p.m. to discuss the impact fee ordinance, and for an update on discussions with Lady Lake, and suggested that the Board meet that same evening at 6-6:30 p.m.. Ms. Lustgarten urged that the Board do this, in order to meet the requirements of the Florida Statute, which indicates that, if the Board is not making a diligent effort to establish the public meeting, the County could be liable, or subject to paying the attorney's fees for the City.
It was the consensus of the Board that the public meeting with the City of Eustis be scheduled for March 17, 1992, at 6 p.m.
ACCOUNTS ALLOWED
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.
APPOINTMENTS-RESIGNATIONS/COUNTY EMPLOYEES/RESOLUTIONS
ENVIRONMENTAL SERVICES
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved a resolution to Mr. Don Findell in appreciation of his services as Environmental Services Director.
ASSESSMENTS/LAWS & LEGISLATION
Commr. Swartz discussed the issue of having the County Attorney request an Attorney General's Opinion, regarding the issue of special assessments on tangible property. He stated that there are concerns being expressed by the mobile home park residents. He further stated that another reason for this opinion is, if the Attorney General's opinion concurs with Ms. Lustgarten's opinion, that this is not a proper way to impose a special assessment, the Board may want to work with the Legislative Delegation in the next session, for some relief. The reason for the problems is whether or not this is a pass-through, and the Department of Business Regulation has indicated that it is not considered as a pass-through, so how it gets charged to the park residents depends on how the owners want to do it.
Commr. Bailey stated that he concurs with Commr. Swartz, and that, after working with mobile home legislation over the years, he realizes the natural conflict between park owners and the residents. He questioned Ms. Lustgarten about a possible request for a change in legislation during the interim period. Commr. Bailey discussed the disposal issue, and stated that this may also be the same type of problem.
Ms. Lustgarten stated that she had no problem seeking an opinion from the Attorney General, which takes approximately 90 days. She stated that all of the research has already been done.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved for the County Attorney to request an Attorney General's Opinion, on the special assessment issue, and on the tangible property ruling.
SUPPLEMENTAL AGENDA
ACCOUNTS ALLOWED/PUBLIC WORKS/CHECKS RECEIVED
Mr. Jim Stivender, Director of Public Works, was present to discuss the request for the buy-back offer from Ringhaver Equipment Company, in the amount of $140,718.41, for two (2) CAT Model 120G Motor Graders, and authorize the Chairman to sign the bill of sale.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the above request, as presented by Mr. Stivender.
Mr. Steve Portius, representative for Ringhaver, appeared before the Board and presented the check to the Board.
COUNTY EMPLOYEES/COUNTY MANAGER/RESOLUTIONS
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the resolution to Mr. Mike Anderson for his dedicated service as Interim County Manager.
COMMISSIONERS
Commr. Hanson extended her appreciation to all of the commissioners, and Mr. Chuck Pula, Director of Parks and Recreation, for being present at the fish fry in Astor.
RECESS & REASSEMBLY
At 9:35 a.m., the Chairman announced that the meeting would adjourn until 11:30 a.m.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS
Commr. Bakich called the meeting to order for the scheduled update on the Ogden Martin negotiations, to be presented by Mr. Bob Varner, Verner, Liipfert, Bernhard, McPherson & Hand.
Mr. Varner stated that there are two issues that the Board had wanted information on from the last meeting involving "medical waste" and "landfill mining".
Mr. Varner discussed the memorandum from Ms. Annette Star Lustgarten, County Attorney, where he is requesting direction on the issue of "medical waste", with the following information being presented to the Board:
1. Medical Waste. It is requested that negotiations with Ogden Martin develop contract language requiring Lake County's review and approval prior to the acceptance of medical waste at the Resource Recovery Facility, including appropriate procedures identifying medical waste characteristics and assuring safe handling and transport in accordance with State law.
With respect to the current contract dispute concerning the acceptance of medical waste at the Facility, Ogden has agreed to address this issue as a matter of negotiation. As summarized in my memorandum on this question, dated February 12, 1992, the contract dispute focuses on the definition of "Special Waste" and its apparent conflict with the defined terms "Acceptable Waste" and "Un acceptable Waste." Ogden has agreed to the deletion of the term Special Waste and to the development of contract language recognizing that any medical waste received at the Facility must be Acceptable Waste. Ogden has also agreed that the County should be involved in the evaluation of the specific characteristics of medical waste proposed to be received, and any decision to accept medical waste at the Facility. If the Board approves the requested action, negotiations will develop the specifics concerning the County's review and the procedures associated with characterization and handling of the material proposed to be accepted.
Mr. Varner stated that his request is essentially confirmation that he will be able to approach, as a matter of contract, a definition of "medical waste", and that he has been collecting information from other jurisdictions and other states. Mr. Varner stated that his specific request is, whether or not he would have the authority to proceed in this direction to resolve the contractual issue, as well as determine the level of the County's review in process before any of the waste will be accepted. He stated that he would definitely recommend a protocol be established with the contract, as far as the safety of the handling in the procedures; that the contract terminology in any case, and in every instance, require compliance with all applicable State regulations, and State law with the respect to the material of that nature. He stated that he would also like to see language, in some respects, require whatever supplier, or whatever source of that material, to have an obligation as part of its agreement to deliver this waste, to maintain a monitoring program. Mr. Varner stated that he was also requesting an indication of the Board's policy desires.
Commr. Bakich stated that he supports Mr. Varner proceeding in the direction that he has indicated.
Commr. Gregg stated that, once the standards are established, and the Board agrees that certain waste is acceptable, it would be helpful for the County to be notified of any new sources, with Commr. Bailey concurring.
Mr. Varner stated that, in terms of contract administration, the easiest structure would be the notification, and a period of time within which, if he does not hear anything, he will commence the acceptance of the waste.
Commr. Swartz stated concerns with the establishment of criteria for medical waste, and no involvement of the public on this issue. He stated that he thought there had been some assurance, or commitment, from the Board that, prior to going forward with any consideration, and ultimately any decision setting the criteria that is being proposed, this issue would be dealt with by having public hearings, in which the Board would recognize knowledgeable people, to discuss the hazards associated with the burning of medical waste.
Discussion occurred regarding Mr. Varner's comment that "pathological" waste will not be acceptable waste, with Commr. Swartz stressing that the Board needs to have public hearings where people can talk about the potential hazards.
Mr. Varner stated that he has spoken briefly with
Ms. Lustgarten about a Letter of Understanding, and that he is focusing on the fact that there is no definition that is adequate, and would fall under acceptable waste that the County would be willing to burn at the incinerator. He further stated that he would like the Commissioners to review and endorse the definition, before it was in place, and there is a contract, so that he will not have to come back and debate each item.
Commr Swartz stated that he hoped the Board's commitment would be for this process to take place, before amendments to this issue are made to the contract.
Commr. Bailey stressed the need to provide the public with all of the available information on this issue that will assist them with the public hearing process.
Commr. Swartz stated that the Board needs to request that staff come back with a proposal to begin working toward a public hearing, or a series of public hearings, and suggested that the Board select a time to hold a public hearing/seminar where the public can be invited. He stated that names could be submitted of those who can offer some expertise on the issue, and suggested that Mr. Wahl and Ms. Lustgarten work with Mr. Bob McKee to develop some scheme as how to approach this, and to begin scheduling the public hearings.
Mr. Pete Wahl, County Manager, stated that staff could be working on moving forward with the development of proposed language for the Board to consider, at the same time that the informational seminar and public hearings are being scheduled.
Discussion occurred regarding the issue of Landfill Mining, with the following information being presented in the same memorandum from Ms. Lustgarten:
2. Landfill Mining. County staff be authorized to contact the Department of Environmental Regulation to initiate discussions concerning the development of a pilot program with the Department of Environmental Regulation involvement, including the possibility of State grants, for landfill mining and incineration of such material at the Facility.
Although landfill mining is not currently a specific item of contract negotiations with Ogden, the Commissioners may recall that at our last briefing discussions included the possibility that mined waste may supplement the waste stream delivered to the Facility. This can impact the negotiations concerning the adjustment of the County's guaranteed delivery obligation and the extent of available "top-end" capacity in the Resource Recovery Facility for waste originating outside of the County. Approval of the request will assist in the development of the final system configuration and coordination of system implementation with the current negotiations.
At this time, it was the consensus of the Board that
Mr. Varner contact the Department of Environmental Regulation (DER), as indicated above.
Commr. Swartz stated that he feels a pilot program should be discussed, because the separation that will be required in the landfill mining, under any circumstance, is the same separation required for recycling and composting, and another reason for considering this would be to determine whether or not it would be cheaper to separate and compost than burn the material. Therefore, he supported any type of pilot program with DER that would also look at the ability of composting that mined fraction, as opposed to looking at it to incinerate.
Commr. Bakich stated that, if the procedure being discussed is not cost effective, the Board needs a clear indication of this fact.
Commr. Gregg stated that the idea is to reach capacity for the lowest unit cost, but not exceed that so that the County has no room to grow in the future years. The idea with the mining was to eliminate the purchase of Site K, and for the design and permitting of a new landfill, and to be a means of reaching the capacity requirement.
Discussion occurred regarding the original idea for landfill mining and the instructions that were given to Post, Buckley, Schuh & Jernigan (PBS&J), for ground and soil sampling at the Astatula landfill. At that time, PBS&J had indicated that the mining would not work and there would be too many problems. Discussion continued regarding composting, recycling, landfill mining, and a Material Recovery Facility (MRF).
Discussion occurred regarding a time frame when the Board would be seeing results of the negotiations, with Mr. Varner stating that he will be meeting again with Ogden Martin on the larger policy issues. He stated that the analysis that was performed by Public Financial Management (PFM), which involved the no-burn option, was presented to the Board last year. The no-burn option indicated that there would be a 45% recycle rate and participation, and was more or less countywide, and, under that scenario, the County would be subject to a shortage, in the guaranteed deliveries to the incinerator, for almost ten and one-half (10 1/2) years, from the first day of the study. He discussed the current fiscal year study which indicates that there would be 1,000-1,100 tons available with the recycling program in place starting next year. He further discussed the State law allowing interlocal agreements with the municipalities to set up recycling programs, and the percentage rate projected by the State (30%), and a 45% rate being achievable for Lake County.
Commr. Gregg stated that, because of meetings being scheduled with the cities, and the question of when the negotiations will be complete, it would be helpful for the Board to have the best and worst case scenarios on this issue from Mr. Varner, or to have an estimated time period, in order to respond to questions being asked of the Board.
At this time, Mr. Varner discussed issues and terms that will determine the time frame for the negotiations.
Commr. Swartz indicated to Mr. Varner that there should be some relief from Ogden Martin, aside from the issues discussed, and questioned to what extent Ogden Martin was going to accept having to rollback some of the conditions that were in the contract. He stated that, at the time that the requirement for interlocal agreements was excised from the contract, the County had problems, including less tonnage. He stressed to Mr. Varner that the issue of obtaining some relief from the conditions set out in the contract by Odgen Martin needs to be addressed in the negotiations.
Commr. Swartz stated that, at some point in time, Mr. Varner needs to present the Board with alternatives that impact the tonnages and the costs associated with them.
Mr. Varner stated that he would attempt to set more specific deadlines, in terms of recommendations, and stated that he feels that a Material Recovery Facility (MRF) would be a logical issue to consider in the overall plan.
Commr. Gregg stated that the Board would like to see the opportunity, through negotiations, of getting the County back into the position where the County is disposing the waste in the best possible way, both economically and environmentally, and to institute a more overall solid waste management plan.
RECESS & REASSEMBLY
At 11:50 a.m., the Chairman announced that the Board would recess until 1:30 p.m., for the workshop on the Land Development Regulations (LDRs).
PLANNING & DEVELOPMENT
At 1:30 p.m., the Chairman announced that the time had arrived for the workshop on the Land Development Regulations (LDRs).
Mr. Greg Stubbs, Director of Current Planning, informed the Board that staff is currently making the revisions to the LDRs, as made by the Board at the previous meetings.
Discussion occurred regarding Chapter X, Accessory and Temporary Structures and Uses. Mr. Stubbs directed the Board's attention to Page X-7, 10.03.00 OPEN AIR VENDORS, with the entire section being added by staff.
Ms. Annette Star Lustgarten, County Attorney, directed the Board's attention to Page X-4, 10.01.06 Home Occupations, and the following addition:
10.01.06 Home Occupations
A. Permitted Home Occupations
1. Professionals such as physician, veterinarian, attorney,
architect, engineer, accountant, clergyman, and other
professional persons for consultation but not general office
practice of the profession.
It was noted that this will eliminate those having to go through a CUP process.
At this time, the Board deleted the following sentence:
10.01.06 Home Occupations
F. Any need for parking generated by the conduct of such home
occupation shall be met off the street and other than in a
front yard required pursuant to these Regulations.
Commr. Hanson discussed Page X-4, 10.01.05 Accessory Apartments, B. Standards, 3. "800 square feet of living area", and stated that she feels this is somewhat large for an accessory building, and that she would not have a problem with it, if it was an existing building.
Discussion occurred regarding allowing the "granny flat" function; the concern with having duplexes on single-family lots; and these areas having septic tanks instead of being on a sewer system. After further discussion the Board agreed to add the following:
10.01.05 Accessory Apartments
B. Standards
3. An accessory apartment shall not exceed 800 square feet, or 25 percent of the gross square footage, whichever is less, of the
principal structure.
Discussion occurred regarding Page X-2, 10.01.03 Swimming Pools, Hot Tubs, and Similar Structures, with setbacks being measured from the water's edge, with the following being added to this section:
A. Swimming pools shall not encroach into any required building
setback in this code or buffers required by Chapter VI. For
swimming pools, hot tubs, and similar structures, setbacks
shall be five (5) feet from the water's edge.
After Board discussion, the following was deleted, due to the fact that this issue could not be enforced:
10.01.05 Accessory Apartments
B. Standards
5. The principle structure must be owner-occupied.
Commr. Swartz discussed Page X-5, 10.02.00 TEMPORARY HOUSING, and suggested, along with Mr. Stubbs, a lot that has a minimum of one (1) acre, and requiring the same type of posting, which is done for a zoning change.
Ms. Lustgarten discussed the issue of posting, and clarified that the purpose for posting on rezoning issues is to notify individuals of a public hearing, so that they will have an opportunity to appear to be heard by the Board. The permits for temporary housing are issued by staff, and a request is made on the agenda for bond approval.
After discussion, it was understood that the issue for permitting temporary housing would not be advertised, but that a written notice will be sent stating that the Board will hear the request for approval of temporary housing on the date specified.
Mr. Stubbs informed the Board that Page X-8, 10.04.00 BOAT DOCKS AND RAMPS, was added by staff, along with Page X-7, 10.03.00 OPEN AIR VENDORS, which he discussed with the Board. At this time, it was noted that the term "open air vendor" be defined.
Discussion occurred regarding Chapter XI, SIGNS. Mr. Stubbs stated staff included Section 11.03.00 MAINTENANCE, in accordance with the Florida State Statutes.
Discussion occurred regarding Chapter XII, HARDSHIP RELIEF, APPEALS AND ENFORCEMENT, with Mr. Stubbs informing that the Board staff changed the Board of Zoning Appeals to the Board of Adjustments.
Ms. Lustgarten informed the Board that the word "must" has been changed to "shall" in Paragraph A and C.1. She also informed the Board of the following wording to be added:
Page XIII-4
12.03.03 Variances
The purpose of this section is to provide for procedures and processes to review applications for relief from the development and zoning standards set forth in these regulations.
Page XII-9
12.03.05 Hearing Procedure
B. The proceedings of the hearing shall be recorded by the staff's
secretary, to the Board of Adjustment.
Ms. Lustgarten informed the Board that the following needs to
deleted, because only the Board has the authority to waive the required application fee:
Page XII-10
12.03.08 Application Fee for Variances and Appeals
The Board of Adjustment may waive the required application fee for variances and appeals.
Ms. Lustgarten continued with Page XII-10, 12.04.01, Jurisdiction, D., regarding violations, and stated that this needs to be further defined by adding the following:
Page XII-10
12.04.01 Jurisdiction
D. Chapters VI and VIII, and Sections 9.01, 9.02 and 9.06.
Ms. Lustgarten referred to Page XII-10, 12.03.10 Certiorari Appeal, and stated that "within thirty (30) days from the date that the verbal decision was rendered" needs to be changed consistently throughout, for all Boards, to read "within thirty (30) days of issuance of the written order".
Ms. Lustgarten informed the Board that on Page XII-15,
1. Additional Finding, a., the word "fraud" needs to be deleted.
Discussion occurred regarding Chapter XIII, DECISION MAKING AND ADMINISTRATIVE BODIES, with the following changes being presented by Ms. Lustgarten:
Page XIII-1
13.01.01 Powers and Duties
Delete the following:
C. The powers to review and grant or deny plat applications (LDRTRC revisions, deleted per BCC);
Ms. Lustgarten discussed Page XIII-12, 13.05.04, Comprehensive Plan, and stated that the language needs to be changed in B., to reference a recommendation only.
Discussion occurred regarding Chapter XIV, ADMINISTRATION, with Mr. Stubbs presenting an explanation of the permitting process.
Discussion occurred regarding Page XIV-2, D. Mail, with the following being added:
Page XIV-2
D. Mail
"Applicant shall provide the names and addresses of the real property owners within one hundred fifty (150) feet of the perimeter of the property....".
Mr. Stubbs discussed the PUD review and stated that staff would like to recommend that the required fees for the concept review be eliminated, due to the fact that fees are also collected for the preliminary review.
Commr. Swartz discussed the legal ramifications regarding Page XIV-1, 14.00.02 Withdrawal of Applications, and stated his concerns regarding requests being made for postponements, once the public has already arrived for the hearing.
Mr. Stubbs discussed Page XIV-84, MINOR LOT SPLITS, LARGE LOT SPLITS, AND AGRICULTURAL LOT SPLITS. He stated that the Planning and Zoning Commission had recommended some time ago that the distances for the lot splits, in regards to variances off of a paved road, be increased from 1,320 feet to 2,640 feet, with the main concern being safety.
Commr. Swartz suggested that this section include that you can only get a lot split that avoids a subdivision requirement once on a parcel, with Mr. Stubbs informing him that, based upon the variance criteria established in the Code, there is no variance criteria that fits this type of split. Mr. Stubbs stated that he is in the process of developing such variance criteria, involving conditions that the applicant places in the purchaser's deed, language that the County will never maintain their easements.
Commr. Hanson stated that, if the Board wishes to have a one time split, then she is opposed to making the footage requirement any more liberal, and that the footage be limited to 1,320.
Ms. Lustgarten stated that, if the Board wishes to limit the footage to 1,320, variance language needs to be added that indicates that the section will not be subject to a variance.
It was noted that, on Page XIV-86, the language will be changed to limit it to one lot split on the parcel, and eliminate a variance from the 1,320 distance as being available.
Discussion occurred regarding Page XIV-23, 6. "...three (3) year period. Two one-year extensions may be granted by the Board of County Commissioners for cause shown." Ms. Lustgarten stated that this is a different time frame than what is currently being used, and that she is in the process of drafting language to permit existing PUDs to have that same time frame. She addressed the issue of there being no definition of "cause".
Mr. Stubbs stated that the LDR Technical Advisory Committee recommended that there be no timeframes for PUDs, however, this was not included in the information before the Board. It was the consensus of the Board that they were not in favor of this recommendation.
Ms. Lustgarten addressed Chapter 15, and stated that there are no changes in the two ordinances.
Discussion occurred regarding the future scheduling of necessary workshops and public hearings to finalize the concurrency management issue, and the LDRs, with the Board indicating the importance of public comment at those hearings. Mr. Stubbs stated that staff is wanting to provide the Board with the final document on April 14, 1992.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:28 p.m.
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
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