The Lake County Board of County Commissioners met in regular session on Tuesday, May 5, 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; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Riggs, Deputy Clerk.
Commr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bailey.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of February 27, 1992 (Special Meeting), as presented.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 14, 1992 (Regular Meeting), as presented.
PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS
The following presentations were made by Commr. Bakich, Chairman, with Ms. Lois Martin, Director of Personnel, presenting comments regarding each employee's background:
Presentation of Plaques to Employees with Five Years of Service
Milton J. Hill, Assistant Fire Service Coordinator, Fire Protection
Antonio Pereira, Corrections Officer, Corrections (not present, with Mr. Tom Neumayer, Executive Director of Corrections accepting plaque)
Yancey D. Peterson, Fire Lieutenant, Fire Protection (not present, with Ms. Kathy McDonald, Interim Executive Director of Health & General Services accepting plaque)
Dorothy R. Schaffer, Addressing Technician, Addressing Project
Presentation of Plaques to Employees with Ten Years of Service
Paul H. Bass, Corrections Lieutenant, Corrections
Carmen G. Carroll, Chief Permit Clerk, Building and Code Enforcement
Norma E. Wilson, Corrections Officer, Corrections
Presentation of Employee of the Month Plaque and Savings Bond
William D. Nicodem, Mechanic II, Maintenance Shop, Road Operations Division, Public Works Department was selected as Employee of the Month for May 1992.
CLERK OF COURTS CONSENT AGENDA
Mr. James C. Watkins, Clerk, requested that the Board approve Items 1 through 3, with the exception of Item 4, in order that this item be discussed.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following requests:
Payment of County bills and bills of indigents, Warrant #150374 through Warrant #150683, for the following accounts:
General Revenue Fire Districts
County Transportation Trust Landfills
Miscellaneous/Gas Fund Capital Outlay
Insurance Fund Mosquito Control
Animal Shelter Trust Fund Commissary Trust Fund
Resort & Development Fund Tax Emergency 911 Fund
Private Industry Council Law Enforcement Trust Fund
Bonds - Contractor
1433-92 Daniel H. Judy (Plumbing)
1490-92 Ed Lynum Builders (Contractors)
3035-92 Follmar Electric Company, Inc.
3095-92 Dale E. Blundell dba Professional Electrical Contractors
of Central Florida
4228-92 Steve Nave dba Steve Nave Building Contractor
4340-92 Ray Bauder (Aluminum Contractor)
4411-92 Schaffer Aluminum
4430-92 David E. Hecht & Hecht Electric, Inc.
4681-92 William E. Heichel dba Heichel Plumbing
4735-92 B. J. Kantor
4888-92 Wiley Edwin Jones, Jr. (Building)
4969-92 Herbert William Davis, III dba Buddy's Plumbing, Inc.
4984-92 Eddie T. Palmateer dba Ace Heating & Air Conditioning
5072-92 Joseph C. Gilman (Swimming Pool)
5073-92 Benjamin Gary Rusu dba Gary's Air Conditioning & Heating
5074=92 Dennis Michele (Residential)
5075-92 Robert E. Wilson (Building)
5076-92 James W. Knight (Electrical)
5077-92 Gary R. Haight (Electrical)
5078-92 Richard E. Friedrich dba A Electric
5079-92 Jack Ferguson, Individual (Mechanical)
5080-92 Robert L. Pope, Jr. dba Myco of Pinellas, Inc. (Roofing)
5081-92 George A. Ray dba Gator Services (Underground Utilities)
5082-92 Advantage Plumbing, Inc.
5083-92 Billy Blackmon & John Landfair dba B & B Electric
5084-92 Larry Lake Crouch dba The Power Associates, Inc. (Electrical)
5085-92 Randall R. Wofford dba Wofford Construction Company
5086-92 Ronald W. Lloyd (Mechanical)
5087-92 Paul A. Corp. dba Tender Plumbing Care, Inc.
5088-92 Fastrac Construction, Inc. (Electrical)
5089-92 Ja-Pat, Inc. dba Bryer Signs
5091-92 Michael J. Farina dba Farina Electric
5092-92 James Charles Dawson (General)
5093-92 E. W. Greaner Company, Inc. (Air Conditioning)
5094-92 Asman-Young Enterprises, Inc. (Electrical)
5096-92 Jimmie L. Grantham dba Total Electric Service of Tampa,
4097-92 Eugene W. Maines dba Maines Electric
5098-92 Bob Mitchell Associates, Inc. (Electrical)
5099-92 Ivan Kachouroff dba Kiwi Contracting, Inc. (Roofing)
4572-93 Greg B. Whitaker (Class C Residential Building)
5094-94 James E. Williams
1400-91 Darwin R. Stephan
4862-91 Michael Emery (Residential)
1806-93 Kenneth Nesselrotte (Residential)
Satisfaction of Judgment for Todd M. Semento, Juvenile, and Larry Semento and Sharron Semento, Parents, Case No. 89-178-CJ and 89-1055-CJ, in the amount of $50.00.
Satisfaction of Judgment for Freddie Lee Givens, Case No. 92-102-CF, in the amount of $250.00.
CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS/STATE AGENCIES
Mr. James C. Watkins, Clerk, requested that Item 4 under the Clerk's Agenda, be approved subject to the County Attorney's opinion of the resolution itself, and the appropriate language.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the resolution, subject to the County Attorney's review, authorizing the Florida Department of Revenue to designate a bank to receive the Local Government Infrastructure Sales Tax State Warrant; authorizing wire transfer of Infrastructure Sales Tax to a designated bank; and approval of the Authorization Agreement.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Peter F. Wahl, County Manager, requested that Tab 3 be pulled from the Consent Agenda, in order that this item be discussed.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Tabs 1-20, with the exception of Tab 3, for the following requests:
Specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) County Manager's Request for proposal $ 12,500.00
Office - Risk Mgt. for actuarial services est. cost
for County self-insured
(B) Award Bids and Encumber Funds:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Environmental- Approval to award & $ 8,250.00
Solid/Haz. Waste encumber funds to execute initial cost
contract for repairs to
ground water monitor
wells at Lake County
Landfills to Ardaman &
Associates, Inc. Future
cost estimated at less
than $1,500 annually.
(C) Approve Quotations and Encumber Funds:
All goods or services from $1001 to $5999 require written
quote (Department Heads authorized up to $1000 for approval
in accordance with current procedures adopted by the Board
and authorized by the County Manager).
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Corrections Porter's Cameras/ $ 2,000.00
COM-199 Blanket Purchase Order
for remainder of FY 1991
-92, May 1, 1992 thru
Sept. 30, 1992 for film
for ID camera.
(2) Corrections Lawman's & Shooters / $ 5,057.00
Infrastructure 13) ea. mod.#1-BE-PO
Sales tax bond -9219F Beretta 9mm hand
(3) Health & Gen. Fire Engineering Books $ 4,577.05
Svc. and Videos/ Books &
FS8-84 videos for to be used
for training purposes.
Master distributor. All
items in stock. Prices
fixed from publisher.
(4) Health & Gen. International Fire Ser. $ 2,020.00
Svc. Training Assn./
FS8-87 Publications to be used
for training purposes.
Vendor is publisher.
Avail. from other sources
but prices will be the
same as cost is fixed by
(5) Capital Impr. Central Testing Lab/ $ 1,250.00
Cap2-1011 Sub-surface soil
(D) Encumber Funds Previously Authorized:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Corrections National Health Lab./ $ 1,048.90
Medical Laboratory services for
MED-099 the month of Feb. 1992
for inmates. Bid #063-
(2) Public Works Traffic Control Devices/ $ 3,881.00
Engineering Emergency repair to
RB-8107 traffic flasher signal
located at US 27 and the
entrance to Hawthorne
Park. Signal was hit by
a truck. Contract #P-496
Co. wide traffic signal
(3) Public Works Florida Crushed Stone $ 2,415.00
Road Oper. Blanket Purchase Order
RB-8118 for #57 rock for road
surface for the remainder
of FY, May 1,1992 thru
Sept. 30, 1992. County
(E) Approve Other Payments and Encumber Funds:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Public Works Ringhaver Equipment/ $ 1,432.88
Road Oper. parts to repair prop.
120 Motor Grader and
(2) Public Works Supplemental Requisition $ 1,000.00
Spec. Svcs. to Xerox Corp. to increase
RB-7806 P.O. #69592 to cover copy
usage. New p.o. total
(3) Tourist Dev. Change order to increase $ 10,000.00
TDC-090 P.O.#70560 to Husebo
costs involved in the
production of advertise-
ments. Services allowed
under open end contract
(F) Approve Services That Do Not Require Bids or
Quotes and Encumber Funds:
(1) Tourist Dev. Community News Svc. $ 1,500.00
TDC-151 Press release to be
sent to 4211 newspapers
in the eastern half of
the United States.
(H) Chairman's Signature and Encumber Funds:
DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT
(1) Corrections Delta Business System/ $ 75.00
COR-607 Maintenance agreement
on Canon Copier Prop.
#14753. Inmate law
(2) Corrections Delta Business System/ $ 306.00
COR-609 Maintenance agreement
on Canon Copier Prop.
#14754. Medical Dept.
(3) Corrections Delta Business System/ $ 420.00
COR-610 Maintenance agreement
on Canon Copier Prop.
14835. Admin. area.
(4) Corrections Delta Business System/ $ 75.00
COR-608 Maintenance agreement
on Canon Copier Prop.
#14874. New Jail Equip.
Accounts Allowed/Budget Transfers
Transfer of funds to various Departments and other budget related items, as follows:
1. Fund: General
Department: Public Works
Division: Parks and Facilities
From: Operating Expenses $24,250
To: Operating Expenses $21,250
Capital Outlay $ 3,000
Transfer #: 92-0123
2. Fund: JTPA
Division: Private Industry Council
From: Personal Services $ 2,770
Operating Expenses $17,475
To: Personal Services $ 9,245
Operating Expenses $11,000
Transfer #: 92-0122
3. Fund: Resort Development Tax
Department: Tourist Development
From: Special Reserve $42,000
To: Operating Expenses $42,000
Transfer #: 92-0124
Chairman to write a letter to the Forestry Service with regard to a proposal to salvage insect infested trees.
Contracts, Leases & Agreements/Communications
Transfer of assets of Metrovision, Inc. to Cablevision Industries of Central Florida, Inc. effective May 15, 1992; receipt of pricing structure from Cablevision Industries of Central Florida, Inc.
Chairman to write a letter of support for Mr. Donald W. Priem, Veterans Service Officer, to serve as Central/West Vice-President State of Florida, County Veterans Service Officers Association.
From the Leesburg Senior Services Center to issue a proclamation declaring May 5-11, 1992, as "Lake County Nurse Week".
Contracts, Leases & Agreements/Public Health
Signature on the Letter of Agreement for the County Public Health Unit's Outcome Indicators.
Certificates for employees with one and three years of service.
Planning & Development/Subdivisions
Preliminary plat of Highland Lakes, Phase 2A (211 lots in District 2).
Preliminary plat of Vineyard Estates (17 lots in District 2)
Bonds - Mobile Home
Cancellation of the following mobile home bond:
Susan Korem Schnidt - Eustis Area - District #5
Accounts Allowed/Bids/Road Projects
Advertise for bids for Project No. 15-92, C-42/C439 Intersection Improvements Lump Sum Construction Project, at an estimated cost of $125,000.00. (Districts 4 and 5)
Accounts Allowed/Bids/Road Projects
Advertise for bids for Project No. 14-92, C-565 North and C-565A South Widening and Resurfacing Lump Sum Construction Project, at an estimated cost of $190,000.00. (District 2)
Post speed limit signs and stop signs, as follows:
From C-455 to Howey Cross place a 45 mph speed limit sign, from Howey Cross to the Turnpike Road, place a 40 mph speed limit sign on S. Buckhill Road (2-2439). There are no signs on this road now.
Post 30 mph signs on Guildford Road (2-2438) from S. Buckhill Road to the end. There are no signs on this road.
Post 40 mph sign on Howey Cross Road (2-2441) from S. Buckhill Road to C-561. There are no signs on this road.
Post 30 mph signs on Howey Cross Road (2-2441) west from S. Buckhill Road to the end of Howey Cross Road. There are no signs on this road.
Post 30 mph signs on Turnpike Road (2-2338) west from C-561 to the end of Turnpike Road. There are no signs on this road.
Post 40 mph signs on Bruce Hunt Road (2-2541) from C-561 to S. Buckhill Road (2-2439).
Install a stop sign east bound on Turnpike Road at the Buckhill Road intersection.
Install a stop sign south bound on S. Buckhill Road at the intersection of Turnpike Road.
Public Works/Roads-County & State
Accept a maintenance map on Phillips and Groveland Farms roads (#2-1024, #2-1023).
Adopt a resolution declaring May 1992 as "Bike Month" in Lake County.
Deeds/Rights-of-Way, Roads & Easements/Road Projects
Accept the following non-exclusive easement deed for road project:
Robert L. Collins, Jr. and Cynthia Langlois as Tenants in Common - #5-7961 Peru Road
Deeds/Roads-County & State
Reserve the following Murphy Act State Road Reservations:
Deed No. 1512 Mary A. Ingram & Ged Burleson - Release all reservations
Deed No. 1271 Mary A. Ingram & Ted Burleson - Reserve 50 feet from centerline of CR-455
Deed No. 1906 Peggy J. Dooley - Release all reservations
Deeds/Roads-County & State (Cont.)
Deed No. 2751 Harry Stauderman & Karen M. Stauderman - Reserve 25 feet from centerline of Pine Valley Drive #4-4088A
Contracts, Leases & Agreements/Insurance
Rate change amendment to the Vision Service Plan Contracts
Mr. Peter F. Wahl, County Manager, extended well deserved recognition to Mr. Don Griffey, Director of Engineering, for his outstanding job on the Report on Computer Equipment and Software. Mr. Wahl recommended approval of the report.
At this time, several of the Board members complimented staff on their work efforts in putting together such an outstanding report.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Report from the Lake County Computer Committee on Computer Equipment and Software.
CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES
Mr. Peter F. Wahl, County Manager, discussed the request on the Supplemental Agenda regarding the first agreement with R. W. Beck and Associates, and stated that this has been budgeted not to exceed $30,000.00.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the signatures on the first agreement with R. W. Beck and Associates for ongoing consultant activities relative to Solid Waste and Waste-to-Energy Management Services, not to exceed $30,000.00.
Commr. Swartz voted "no".
COUNTY ATTORNEY MATTERS
ROADS-COUNTY & STATE/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Robert L. and Charlotte M. Brown vs. Lake County case involving Mink Road has been set for a mediation hearing on June 1, 1992.
CONTRACTS, LEASES & AGREEMENTS/ZONING
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the Ray Ranch Administrative Hearing has been dismissed by the Cabinet, with the administrative process being concluded, due to the parties entering into an agreement.
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board of the personal injury suit, Loeding vs. Boebinger International Truck Sales, Inc. and Harrison vs. Loeding and Associated Insurance Company vs. Loeding and Loeding vs. Scott and Lake County D/Accident: June 18, 1990, which involves an accident that occurred in Lake County. She stated that outside counsel had moved to have the case removed from the Orange County court system, because the accident occurred in Lake County, with the judge entering an order denying the motion to transfer venue. Counsel is recommending that the County appeal the decision, and therefore, recommended that the Board approve to move forward with this appeal.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to appeal the order denying the transfer of venue, as recommended by
Ms. Lustgarten, County Attorney.
On a motion by Commr. Gregg, 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.
Mr. Peter F. Wahl, County Manager, discussed the request for an appointment needed to the Health and Rehabilitative Services (HRS) Nominee Qualifications Review Committee, and stated that staff is recommending Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, fill the position.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of
Ms. Eleanor Anderson to the HRS Nominee Qualifications Review Committee, on an interim basis.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the proclamation naming the month of May 1992 as "Foster Parents Month" in Lake County.
Commr. Bakich informed the Board that the family of Mr. Brian Carey, Bailiff, had been involved in a car accident, and that a fund has been set up at First Union Bank.
On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the appointment of Ms. Rosemary Bennett as a replacement for Jackie Putnal as the Board of Realtors representative on the Affordable Housing Task Force. The term will expire February 11, 1994.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a resolution proclaiming May 3-9, 1992, as "Tourism Week".
Mr. Peter F. Wahl, County Manager, informed the Board that the Solid Waste System workshop has been tentatively rescheduled for May 26, 1992, at 1:30 p.m.
CONTRACTS, LEASES & AGREEMENTS/LANDFILLS/MUNICIPALITIES
Ms. Annette Star Lustgarten, County Attorney, informed the Board of meetings that have been held between Commr. Bakich, Chairman, the Mayor of the Town of Lady Lake, Mr. Lee Hokr, and County staff, to try and resolve continuing issues regarding the solid waste issue. She stated that the County is at the point where it has effectively addressed the issues that the Board directed to be resolved, from the County' perspective, and that
there is to be one last meeting among the two boards, in order to resolve the last of the issues. Ms. Lustgarten stated that a draft ordinance had been submitted to the Board that addressed two of the major issues involving money going from one district to another, and the allocation of a portion of the money collected within the city to projects in the city, adjacent to the city, or traversing that city. She stated that there still seems to be a question with what is on site, and that the Town of Lady Lake was to propose language regarding this issue, but the County has yet to receive any. She stated that this one last meeting should resolve this issue.
Mr. Peter F. Wahl, County Manager, stated that he concurs with the County Attorney, and that there is no more to be negotiated, and is strictly a matter of whether or not the Town of Lady Lake is going to participate in the impact fee program. Mr. Wahl stated that the County has not received anything in writing from the attorney for the Town of Lady Lake, as suggested by the Town's City Manager.
Commr. Bakich reiterated the fact that all of the discussion has been verbal in nature, with the understanding that the Town of Lady Lake would put in writing its concerns, which have never been received.
It was noted that it had been agreed that there be one last meeting in the Board's chambers between all parties.
Commr. Swartz suggested that, whatever date is scheduled for the meeting, the Town of Lady Lake needs to provide to the County, in advance, any changes that it wants to see, in order to resolve their concerns.
Commr. Gregg suggested that the Chairman send a letter to the Town of Lady Lake indicating the date and time for the meeting, and requesting its demands in writing. Commr. Swartz suggested that the letter indicate that the County would be willing to schedule such a meeting, subject to receiving the proposal for change.
The meeting with the Town of Lady Lake was scheduled for May 26, 1992, at 5:30 p.m.
Commr. Swartz stated that the District 3 townhall meeting is tentatively scheduled for June 18, 1992, and he will be out of town. Therefore, he would like the meeting rescheduled.
RECESS & REASSEMBLY
At 9:35 a.m., the Chairman announced that the Board would recess until 10:00 a.m.
PUBLIC HEARINGS/TIMES CERTAIN
Commr. Hanson introduced to the Board the members of the Lake County Citizens Study Committee for Children.
Mr. George Russ, Study Committee member, appeared before the Board to make a presentation on the "Report of the Lake County Citizens Study Committee". Mr. Russ discussed the creation of the Committee by resolution, and the duties of the Committee, and stated that the Committee is recommending that the County allocate $250,000.00 to fund a children's service council for its first year of operation. He stated that the Committee is not making a recommendation to increase the County's budget to meet the children's needs, despite its opinion that this would be justified given the very low taxes in Lake County, but rather recommending that children be given their proper place in the governmental spending priorities in Lake County and an appropriate portion of the already existing tax dollars. He discussed the costs of the new jail facility, in relation to the proposed costs for the children's service council, and stated that more money is spent on animals and prisoners than children in Lake County. Mr. Russ clarified and stressed that the children's service council, under Section 125.901 of the Florida Statutes, does not in any way assume any authority over any children, and no such authority will be transferred to a nine member board, as alleged in a flyer being circulated in the community. He went on to discuss the membership
of the council and the fact that this will be a nine (9) member council, with five (5) members being appointed by the governor, or the County governing body. Mr. Russ stated that the report before the Commission has recommended a dependent council which would only derive funds from existing County taxes, which would require a reprioritization of the existing County expenditures. He then discussed the recent events in Pinnellas County, where the first Children's Services Council in the nation was formed in 1945.
Ms. Joan McCall, member of the Study Committee, appeared before the Board and shared one the of the recommendations made by the Study Committee, as follows: "All programs and services for children and youth should ensure that they involve parents and respect their values, taking care not to undermine parents' authority or to diminish their important role and influence in adolescent decision making." She described to the Board specific information the Study Committee gathered in its deliberations. She stated that the Study Committee identified eight areas of interest, as follows: 1) Health Care; 2) Childhood Education and Child Care; 3) Recreation and Sports; 4) Residential Facilities for Children; 5) Child Abuse, Neglect, and Dependency; 6) Juvenile Justice; 7) Mental Health; and the 8) Orange County Commission for Children. Ms. McCall explained the process used by the Committee to access services and needs of children and families in Lake County, and identified the problem areas that are most critical to families as a whole. She then summarized the facts that were presented to the Committee, which included the inadequacy of the present programs; the residential facilities for children; the statistics on juveniles and child abuse cases; mental health care; child poverty; and teenage pregnancies and prenatal care.
Ms. McCall presented the following recommendations, as presented in the Report made by the Committee:
1. Authorize formation of a Dependent Children's Services Council pursuant to 125.901, Florida Statute, to be converted to an independent council at a future time, if appropriate, and if desired by the electorate of Lake County.
2. Have the Council in place by early summer, if possible, to establish priorities, search for and employ a director, and be fully operative at the beginning of FY 93.
3. Name this council Citizens' Commission for Children, which is more descriptive than "Children's Services Council", for that name creates some confusion. Further, the "council" establishes priorities and contracts for services, but is not a direct service provider.
4. Evaluate and reorganize the priorities of other "needs" in Lake County to give children their rightful share of resources to fund the "Children's Services Council" and to satisfy the unmet needs of children.
5. Seek other available sources of funds through grants and private sources, such as the business community.
6. Allocate $250,000 for first year operation.
Ms. McCall stated that the per child capita cost would be $7.88 based on the current Lake County population of 31,709 children under the age 18.
Ms. Marilyn Lewis appeared before the Board and stated that, in 1989, the United Nations launched the greatest campaign ever for universal control of the world's children. She stated that she feels the children's services is a reaction from this crisis that has originated in the United Nations. She presented the Board members with a copy of the Summary of the U.N. Draft Convention on the Rights of Children. Ms. Lewis stated that she feels the children's services will ultimately endanger the rights of the parents, and opposes all State rights over parents rights.
Mr. Don Copeland appeared before the Board as a private observer and stated that a lot of help is needed in the County.
Ms. Kathleen Schmidt appeared before the Board and stated that the request being made today would be an investment for the future, not an expenditure, and the figures presented by the Committee are conservative, and consistent in well run programs.
Mr. Ed Hernandez, Paisley, appeared before the Board to discuss the Florida Statute regarding the control of juveniles, and stated that he did not feel that, as a taxpayer, there was a need for more taxation, but that he did recognize the need for services. Mr. Hernandez stated that he still feels there will be control over
his children by the Committee, and requested clarification of this issue.
Ms. Annette Star Lustgarten, County Attorney, stated that the Florida Statute has been changed substantially since 1986, which Mr. Hernandez had before him, and that she had the 1991 version. Ms. Lustgarten addressed the issue of the obligations for a dependent special district, which is the recommendation of the Committee.
Discussion occurred regarding the selection of members to the council, with Ms. Lustgarten stating that the Governor will make the appointments based on the recommendations made by the Board.
Ms. Mary Smith, President of the Lake County League of Women Voters, appeared before the Board and stated that, in June, 1991, the Board of Directors met to plan their 1991-92 year, with five major priorities of concern being established, one of which was the formation of a childrens council. Ms. Smith discussed her work in the school system, and the role that the parents now play in their children's lives. She went on to discuss the problems within those homes, and stated that there is a obligation here for the County not to be talking about baseball stadiums, but about our children.
Ms. Peggy Cowman appeared before the Board and stated that she works with teenage mothers at Lee Adult, and that it is a fallacy to think that all the children with the characteristics being described, in relation to them coming from disadvantaged homes, etc, will end up in jail. She addressed the issues discussed and stated that she would like to question the statistics being presented and look more closely at the existing programs before the County approves to place on the taxpayer another social experimentation type of situation. She discussed taking monies from the existing programs to subsidize the new one, and the possibility of an increase in taxes once the existing programs need more funding. She stated that $165,000 was being spent a year on child services, with no mention being made to the money spent on non-governmental programs and the volunteers for these programs.
She stated that the people in the County are giving, and that she feels health clinics in schools is an issue that should be addressed. Ms. Cownan stated that she would like to see how the Committee plans on balancing and maintaining the integrity of the family and parents. She stated that there are a lot of questions that need to be answered.
Mr. Paul Harsh appeared before the Board and extended his appreciation to the Committee for the work it has accomplished, as set out in the report, but stated that he feels there are weaknesses in the proposed program, including philosophical and financial. Mr. Harsh suggested that the Board fund the underfunded existing programs and make them better, if there are funds that can be reprioritized as discussed, and that he does not support the development of this council as a cureall for the problems. Mr. Harsh went on to discuss the needs in the school system.
Ms. Linda Rozar, Concerned Citizens of Florida, appeared before the Board and requested a copy of the Florida Statute that outlines the duties of the proposed council, and to discuss the flyer that had been distributed to the public regarding the children's services council. At this time, Ms. Rozar presented the flyer to the Board members. She discussed information she received from Pinnellas County regarding statistics on juveniles, and other programs and services of concern besides the one being presented. She presented the Board with a letter from Mr. Greg Tighe, Umatilla.
Ms. Doris Daniels, retired media specialist, appeared before the Board and commended the Committee for the indepth study, and requested that, if the Board is to consider the proposed council, one of the members appointed by the governor be an afro-american so that the rights of those children can be stated.
Ms. Alicia Barrett appeared before the Board to discuss the proposed council, and stated that she has worked as a volunteer with children, and would be willing to pay taxes for the sake of the children.
Mr. Ray Lewis appeared before the Board and stated the problem with the children is not the only problem that the County has to face, and the answer is not to pay more money, but to educate the parents, and not give the problems to the State. Mr. Lewis recommended that the Board allow the County school buses to pick up families and take them to church.
Ms. Cuqui Whitehead, member of the Study Committee, appeared before the Board and stated that she knows the needs of the children, and discussed the suggestions made by the public this evening. She then questioned the appointment of members to the Committee by the governor, in relation to being able to make applications for grants.
Ms. Lustgarten stated that, in order to create a dependent district with the ability to seek grants, the Statute has to be complied with. If applications are not made for grants, the Board would have the option to appoint the members.
Commr. Bailey stated that, if the Board is going to consider the council, he feels it should be done locally and supported by the private sector making it a local program.
Commr. Hanson stated that she feels there will be more funding available if the council is in place, but that the Committee does not want to cut off any potential source of funding.
Commr. Bailey stated that he was concerned that, in the future, the State may cut the funding and the County will have to pick up the costs. He stated that, after listening to the comments made today, the one issue stressed over and over is that the majority of the public does not want this to be done by the State, but want it to be on the local level, with the school system having a major role, along with churches and other groups. He stated that he feels a lot of the opposition to the council will be eliminated, if it was approved on a local level.
Discussion occurred regarding the funding for the council, with Commr. Bailey indicating that the State is already proposing to cut seven million dollars from Health and Rehabilitative
Services (HRS), and that possibly a recommendation will have to be made to go through the budget process, in order to fund the council. He stated that he would prefer this to be a Lake County program with it funded at a level the County can afford. At this time, Mr. Russ clarified that there has been no recommendation by the Committee that the program must be funded by State funds.
Commr. Gregg stated that he knows this program will not take the children away from their parents, but that the problem involves the State and Federal government continuing to try and provide the service and passing more and more of the expense to the local government. He discussed the tight budget review made by the County, and the cuts in funding that have been made by the State for mandated programs. Commr. Gregg stated that the County needs to do away with duplication in programs, and feels that the County can do better on a local level with a childrens services than with HRS. He stated that the determination needs to be made as to whether or not the County has $250,000.00 for this program, and that discussions need to be made with HRS to determine if the County can provide a better service more efficiently at a local level, and contract with HRS for those services.
Commr. Swartz discussed the revised Florida Statute pertaining to this issue and stated that in no way does the Statute provide for any assumption of the authority for minor children. The authority is not being transferred from parents to any board under any circumstance, with the following conclusion being made by the Committee:
"Parents bear primary responsibility for meeting their children's physical, emotional, and intellectual needs and for providing moral guidance and direction." The Committee further recommended that the policy be developed in accordance with the following: "All programs and services for children and youth should ensure that they involve parents and respect their values, taking care not to undermine parents' authority or to diminish their important role and influence in adolescent decision making."
Commr. Swartz discussed the possibility of reallocating the funding for the Transportation Disadvantaged Council (approximately $125,000.00 per year), which is funded out of the General Fund
(property taxes), and stated that this could be funded out of the gas tax monies. He stated that he feels this is the intent of the Committee, to take the monies allocated by the Board and pursue other funding through State grants, and the monies will only be spent in Lake County. He further stated that the governor can only appoint members from the list of individuals presented to him by the Board. Commr. Swartz commended Commr. Hanson and the Committee for its thorough report.
Ms. Lustgarten stated that the dependent special district's budget is approved by the Board, with the Board having complete control, and the Board can dissolve the district with no special act necessary.
Commr. Bakich referred to Page 35 in the report regarding action taken must be thoughtful, broadbased, and sustained, and stated that he wholeheartedly endorses the paragraph, and commended the Committee for its efforts. He further stated that it seems all are working together to provide a sounder society, and that he would be willing to proceed with this program. Commr. Bakich stated that he would recommend using not more than 10% of administrative expenses toward this request, and that he would be making further recommendations as the Board proceeds with this issue.
Commr. Hanson stated that the statistics are before the Board on the programs that do work in the County, but the costs cannot be defined for the benefits of the preventive measures. She stated that the council is for preventive measures, and would have absolutely no control or authority over families, or children, but would be very supportive of families. Commr. Hanson stated that the money would be local money, and it would be controlled locally.
Commr. Hanson stated that, by the Board submitting names to the governor, this indicates local control, but that the Committee cannot be in the position to turn down funds.
Commr. Gregg stated that the Board cannot create new taxes this budget year, and the County needs to communicate with HRS to
make a conservative effort to contract services. He reminded the Board that each time a new program is implemented by the County, the funding increases over a three year period.
Commr. Hanson stated that the Board started the process with the wetlands ordinance at the local level to eliminate duplication, and to make funds available, and feels that this is a process that will need to be followed. She stated that the limitation on administrative costs should be included in this process.
Commr. Bakich stated that the Board could suggest that the council come back before the Board on a yearly basis and present data which supports its budget request.
Commr. Bailey stated that this program should be as localized as possible, with the Board having total control, and he will support it. He stated that the Board does have the ability to dissolve the council, if it is not proceeding in the direction as proposed.
Ms. Lustgarten informed the Board that the Statute absolutely requires that there be a report every January 1, to be presented to the Board, and successive programs is one of the factors that has to be included in the report, in addition to the budget process.
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved an ordinance to create a "Citizens Commission for Children", with the funding going through the budgetary process.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:45 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK
The Lake County Board of County Commissioners met in special session on Tuesday, May 5, 1992, at 5:05 p.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; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; and Toni M. Riggs, Deputy Clerk.
PUBLIC HEARINGS/TIMES CERTAIN
PLANNING & DEVELOPMENT/ZONING
At 5:05 p.m., the Chairman announced that the advertised time had arrived for the first of two public hearings on the Land Development Regulations (LDRs). At this time, Commr. Bakich explained to the audience how the meeting would be conducted. He also informed the audience that the second and final public hearing would be May 19, 1992, at 5:05 p.m.
Mr. John Swanson, Director of Planning and Development, introduced the members of the LDR Review Committee, who worked with the consultant, Ms. Gail Easley, Henigar & Ray. He stated that the changes made at the previous workshop sessions were before the Board today for consideration.
Ms. Annette Star Lustgarten, County Attorney, stated that she had a few minor amendments to review with the Board, with the Board indicating that it would proceed with public comment before reviewing those.
Ms. Dorie Hostettler, Mt. Dora, appeared before the Board and requested that the Board retain the present wetland regulations.
Ms. Mary Smith, President of the Lake County League of Women Voters, appeared before the Board and stated that the League has always held the position that we, as citizens, should promote resource conservation, stewardship, and long range planning with
the responsibility for managing natural resources shared by all levels of government. Therefore, the League supported the 1984 Regional Planning Act, which mandated that the government propose a State plan to the Legislature. She stated that all land use decisions should be made by the lowest level of government capable of such a decision. She further stated that the local wetland acreage is shrinking, and we should not relinquish our responsibility for the wetlands, which is a local concern.
Mr. John H. Kauffman, Grand Island, appeared before the Board representing Citizens for Controlled Positive Growth. He stated that the organization supports and applauds the Board's decision to take a positive stand for the Department of Community Affair's (DCA) approval of the Lake County Comprehensive Plan, as submitted in 1991. He stated that the citizens believe this plan will reflect a controlled positive growth for Lake County and encourage a stronger economic base for future generations. At this time,
Mr. Kauffman submitted his letter for the record.
Mr. Dick Seran, Tavares, appeared before the Board and stated that it would be out of order, if the Board tried to attempt to change an ordinance that has yet been approved. He also discussed the issue of the County not enforcing the law, and the State becoming involved with the issue. He further indicated that he did not know how the Board can take an action, in its official capacity, to obstruct enforcement of public law.
Mr. Joe Spencer, owner of property south of Highway 50, appeared before the Board and stated that he is a farmer, and that the farmers and the developers are not hurting the environment. He discussed the regulations that are being proposed to limit development of property, and stated that rights will be taken away from the landowners, including the farmers and developers.
Mr. Spencer discussed the wetlands and commented that there are particular wetlands that should be protected, but not all them south of Highway 50.
Mr. Donald Bronson, farmer and rancher in Lake and Polk Counties, appeared before the Board and stated that he believes in local control for protecting wetlands, and all of the land. Mr. Bronson questioned the types of business each of the members of the Review Committee is in, with it being noted that there was no one representing agriculture. He stated that he lacks confidence in the State and feels that the representatives in Lake County are adequate to run the County. He further stated that he lives in the Green Swamp and discussed this issue with the Board.
Commr. Hanson stated that the Board did make an error by not having a representative from the agriculture community on the Review Committee, and that the Board is now attempting to put together a committee to review all proposed ordinances pertaining to agriculture.
Mr. Leon Parish appeared before the Board and discussed being a land owner in Lake County. He discussed raising pigs and growing citrus, and stated that he has used fertilizers, but has never used any chemicals.
Ms. Barbara Kent, Eustis, appeared before the Board and stated that she is a farmer. She stated that she cannot understand the split between the farmers and developers. She discussed the State law and stated that everyone can read it and understand the meaning of it.
Mr. Thomas Birns, Groveland area, appeared before the Board and stated that he has citrus in this area of the County. He discussed the different types of land, and the uses for the land.
Mr. Todd Angel, Clermont, appeared before the Board to clarify the designation of land and explain that all of the Green Swamp is wetlands. He stated that he is not against farming. He explained that, in 1969, the Soil Conservation Service and Institute of Food and Agricultural Sciences (IFAS) prepared a soil conservation map, which designates different properties. He discussed the Green Swamp and areas that are high recharge, and stated that the problem does not come from the use of the swamp for farming, but when you
place high density development on it and you block the recharge out. Mr. Angel discussed people contamination from septic tanks and cesspools, and stated that, if there are no wetlands and high recharge, there will be an outbreak of diseases. He went on to discuss the water quality in Lake County, and the flow of the rivers.
Mr. Claude Smoak, Clermont, appeared before the Board and stated that he lives in the Green Swamp. Mr. Smoak presented the Chairman with a petition signed by approximately 300 families that support the Board in their action to defend the plan that the elected people in Lake County developed and presented to the Department of Community Affairs (DCA). He stated that he is an active farmer and citrus grower, and that he feels there is a tremendous amount of room for the environmental community, the agricultural community, and the development community to move together, and to find common ground to develop positive policies that everybody can live with. Mr. Smoak discussed the Green Swamp and challenged anyone to point out those so called areas of shrinking wetlands. He further welcomed anyone who is concerned with the wetlands to visit a working ranch in the Green Swamp that is concerned with the wetlands. He requested an explanation from the County Attorney on Chapter I, 1.02.00 Vesting for Consistency with the Comprehensive Plan, 1.02.01 Agricultural Waiver, in the Land Development Regulations (LDRs).
Ms. Lustgarten explained the wording in Chapter I to Mr. Smoak, with Mr. Smoak commenting that an individual will have lost the use of the land for their dwelling purposes for which it was purchased, as indicated in the wording, and suggested that the Board look at this section closely and consider a minimum of five years, or a reasonable time.
Ms. Lustgarten stated that a land use plan amendment would always be an option available to the property owner. She stated that an agricultural waiver would create 40 acre tracts, which is consistent with all land use categories in the County. This
section is permitting development based on the prior existing development regulations by December 1, 1993.
Discussion occurred regarding the large lot waiver and the language contained within the proposed LDRs. Commr. Swartz stated that he had suggested something similar to the "old lot of record ordinance", which recognized that, when zoning came into Lake County, there were a lot of substandard lots. The ordinance indicates that any single individual that bought one of those lots could develop on that lot, subject to the necessary infrastructure being put in. If an individual owned more than one of those lots, he could only get a density for one unit on that lot. He feels this would be more fair, and should be incorporated into this section.
Discussion occurred regarding Groveland Farms and Lake Highlands, and how the "old lot of record ordinance" protects those areas.
Mr. Smoak stated that he disagrees with the language being proposed, if it is the intent to discriminate against a multiple owner of buildable tracts, with Ms. Lustgarten stating that an individual would have to meet the size requirement for a particular lot. Mr. Smoak stated that he would request that the Board review this issue with staff very carefully before it is approved.
Mr. Smoak discussed the issue of all agricultural activities being considered the same as development activities, and stated that he has a problem with this.
Commr. Gregg requested that Mr. Smoak put his concerns in writing and submit them to the Board members and staff to be reviewed before the next LDR meeting.
Mr. Bill Ray, resident of south Lake County, appeared before the Board and stated that the LDRs, as written and as they pertain to the Green Swamp, are concise and give the County the flexibility to design proper development under the Comprehensive Plan that has been submitted. Mr. Ray questioned Chapter VI, Resource Protection Standards, Page VI-4, which pertains to the wetlands, and stated
that he was of the understanding that, in a move to limit duplication, the County was going to delegate jurisdiction to the St. John River Water Management District (SJRWMD), but that this section does not give this indication.
Mr. Jim Barker, Director of Pollution Control, stated that the current language indicates that the policies that were not covered by other agencies, either were not consistently covered, or were not covered at all, would be deferred to other agencies for permitting.
Mr. Ray discussed the Technical Committee's report from Polk County, and stated that this is an issue of Polk County trying to tap Lake County's water supply. He further stated that this is not an environmental issue, but is an issue of water resources, and that Tampa has voiced a desire to freely utilize Lake County's resources and force Lake County's property owners to subsidize their growth and development.
Mr. Egor Emery, Mt. Dora, appeared before the Board and discussed the clearing of wetlands around Lake Apopka, and stated that this is not improving the land. Mr. Emery stated that he does not want Lake County to add another layer of bureaucracy on a mountain of regulations, but he does want the County to protect the wetlands by being the unifying force between the different agencies. He discussed the consultant's Impact Fee Study, and stated that the County needs to start collecting the proper impact fees and using these fees to regulate development. He requested that the Board represent the interest of all Lake citizens, and protect the wetlands.
Mr. Kent Williams, vocational agricultural teacher in Groveland, appeared before the Board and introduced three students who are members of the Future Farmers of American (FFA) organization, as follows: Ms. Melinda Ross, Mr. Rhett Kelly, and Ms. Missy Moss. At this time, Ms. Missy Moss, a State finalist, made a presentation, which included the reciting of the FFA creed.
Mr. Jay Vandermeer appeared before the Board and stated that the 1977 Comprehensive Plan did a very good job protecting the Green Swamp, and that the County ordinance is all of the protection that the County needs for the wetlands. He questioned the reasons for the proposed lower densities, and stated that the Bill of Rights protects the land owner, and the only way land can be used for the good of us all is with due compensation.
Ms. Caroline Carter appeared before the Board and discussed unregulated sludge dumping in the Green Swamp area. She discussed the conditions of the lakes and the land of the County, and stated that the County needs to keep local regulations, in order to change the present conditions.
Mr. Frank Bouis appeared before the Board and discussed an article from the Daily Commercial and stated that he disagrees that the County is a mess, but it may get that way in the future. He discussed the period of time (1971) that the Green Swamp was declared an area of critical State concern. He stated that, in 1971, he was the Chairman of the Lake County Water Authority, and in that capacity, he testified at the public hearings, at which time the Green Swamp was declared an area of critical State concern. At that time, the head of the United States Geological Service testified that the Green Swamp was not a water recharge area. He stated that this fact was ignored, because Lake County was a part of the Southwest Florida Management District. Mr. Bouis continued to discuss the past history involving the Green Swamp.
Mr. Bouis stated that there is no reason why the Lake County Commission should enact and enforce any regulations in addition to those that are actually needed for the benefit of the people in Lake County, and there should be no other consideration to take place. He wished that the Board would adopt such a policy.
Mr. John Hall, Sugarloaf Mountain, appeared before the Board and stated that people had moved from other counties to Lake County to remove themselves from the congestion. He stated that, in the past year, the County has rezoned three PUDs in this area, for a
total population of 17,000 people, who are miles away from city services all because the land is cheap. He stated that he objects to a Technical Review Committee based solely on developers and land use attorneys. He suggested that the Committee be developed of citizens from all parts of life. Mr. Hall referred to the LDR that relates to the section that has been slashed by 50% in regards to the minimum tree requirement for multi-family and commercial use. He stated that there were no tree farmers or environmentalists on the Technical Review Committee.
Mr. Donald Vaughn, Umatilla, appeared before the Board and stated that the County needs to protect the farmer, and help the developer to develop the property, so that it is advantageous to the people.
Mr. Jim Bible, The Greater Construction Corporation, appeared before the Board and addressed his letter to the Board regarding suggestions made for consideration. The first recommendation made involved Section 14, as follows:
That PUD and MUQD zoning be made permanent and thereby treated similarly to all other zonings. The PUDs and MUQDs would be subject to the County Land Development Regulations including its concurrency provisions.
The next suggestion referred to Chapter V Concurrency, Section 5.05.04B, as follows:
The capacity reservation fee be based upon the transportation impact fee and not all the impact and connection fees. Also, the applicant should be able to reserve capacity for up to three years which is a reasonable time frame to proceed from zoning through improvement plan approval, site construction and platting. Capacity reservation for one year would require prepayment of 100 percent of transportation impact fees, two year reservation would require 50 percent each year and for a three year reservation the capacity would be 33 1/3 percent each year. All other impact fees would be due at the time a building permit is issued.
The 6 percent processing charge (Section 5.05.04B) should also be subject to a maximum dollar amount of $1,000.00.
Mr. Bible stated that his letter also consisted of additional suggestions related to the proposed Lake Development Code.
Mr. Howard Barry, Clermont, appeared before the Board and spoke to the issues of growth and taxation, in relation to the updating and amending of the Comprehensive Plan. He stated that the present residents of Lake County are obtaining the burden of
subsidized growth in their present taxes and fees, which go to promoting growth. He further stated that they oppose this Commission's version of the County's Comprehensive Plan, and endorse the recommendation of the Department of Community Affairs (DCA). Mr. Barry stated that the DCA is the only government, or organization, in this State that has tried any "brake" on taxes.
Mr. Ronni Caggiano appeared before the Board and stated that he gives the Board full support, and he wants the Board to continue to protect his property rights and his grandchildren's rights.
Mr. Ray Watson, Umatilla, appeared before the Board and discussed the issue of the County getting out of the wetlands protection business, and allowing the State agencies to come in and run this business for Lake County. He then discussed Polk County and the proposals this County has made regarding the Green Swamp issue, and stated that nothing that Polk County has proposed can possibly pertain to Lake County.
Commr. Bailey stated that he does not agree with what the Task Force did in Polk County regarding the Green Swamp, and, for the record, he does not intend to recognize it as a member of this Board. He stated that this issue will be handled in Lake County, and that the duplication problems pertaining to wetlands need to be dealt with, in order to cut costs. He further stated that the people are saying they want local control on these issues, and for the local Board to decide land use, and that they do not want the duplication process with the wetlands. Commr. Bailey stated that, until the State sends the money back to Lake County, the County should not handle the wetland requirements.
Mr. Watson discussed the condition of the lakes in the County, and stated that the County needs to take care of the headwaters.
Mr. Dale Ladd appeared before the Board and challenged anyone to define "green swamp". He stated that he owns land in the Green Swamp, and the State cannot define it. He questioned how the County can regulate issues that cannot be defined.
Mr. Parrish appeared before the Board to discuss the water problems in Lake County.
Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she represents a number of property owners, business owners, business interests, and agricultural interests, and that, since the Board has limited speakers to five minutes, she requested the record reflect that she did not have time this evening to give the name, address and business interest, or individual property ownership, of each and every one of her clients. She requested that the record reflect that she is submitting a list to the Chairman of the people she is representing, and this, in no way, abridges their right, or keeps them from speaking individually, and also having standing on their own right.
Ms. Bonifay stated that, with the newly proposed regulations, individuals will have difficulty representing themselves on land issues in the future without the assistance of professionals.
Ms. Bonifay stated that she is concerned with large lot waivers and lot approval, and stated that the only difference of whether an individual can get a lot split, or a lot as created versus a lot large waiver, is where it is located. She stated that, if it is on an easement, a large lot waiver is administra-tively pursued, or if it is on a County maintained road, a lot split will be done. Ms. Bonifay stated that the Board is discriminating and not giving those people equal protection. She urged the Board to change this and treat those lot splits exactly like you would lots that are created through the large lot waiver process.
Ms. Bonifay requested that the Board extend the time for PUDs and suggested that, on the issue of concurrency and impact fees, there needs to be some formula and some percentage figure to determine the actual costs. She further stated that the issue of variances will now require legal proceedings before planning and zoning commissions and boards of adjustment. Ms. Bonifay discussed Comprehensive Plan amendments and stated that she feels this
provision is incorrect, because the Comprehensive Plan is done twice a year. She went on to discuss the issue of the Green Swamp, and stated that the Board should be careful and suspect of a study that has not been endorsed by anybody in Polk County, much less Lake County.
Mr. Bennett Walling appeared before the Board and presented a petition with approximately 100 signatures, and stated that the property owners support the majority of the Commissioners in their efforts to keep the Tallahassee Bureaucrats of DCA out of their business in Lake County and defend the local control of the Comprehensive Plan adopted in July, 1991. Mr. Walling commented on the wetland rules and the duplication of procedures.
Mr. Steve Richey, Attorney, appeared before the Board and stated that he would like to preserve his rights to put his comments regarding this issue in writing before the next meeting. Mr. Richey discussed definitions being placed in the LDRs, and especially the term "propagation", and stated that he has concerns with his rights. He went on to discuss the wetland issue and stated that he is concerned with the requirements being made for environmental easements. He further stressed his concern with the variance section, and requested that the Board take a good look at this section, in order for people to get relief from the criteria being proposed.
At 7:10 p.m., the Chairman announced that the meeting would be closed to any further public comment reserving further comment to the Board.
Ms. Lustgarten directed the Board's attention to her memorandum dated May 5, 1992, with proposed amendments to the LDRs, as follows:
1. Chapter IX, Pages IX-70 and 71. These are changes requested by the Fire Rescue Section.
2. Chapter XIV, Pages 7-12. These changes reflect the Planning and Zoning Commission sitting as the Local Planning Agency
for land use plan amendments, as previously approved.
3. Chapter XIV, Pages XIV-73 through 76. These pages reflect the
Section 14.10.01, Minor Lot Split language that was before the
Board of County Commissioners on April 7, 1992, the last workshop meeting. Section 14.10.02, Large Lot Splits, reflects the language before you at the April 7, 1992 workshop, as well as the approved changes.
Ms. Lustgarten discussed Chapter XIV, Page XIV-73 regarding Minor Lot Splits, which codifies the existing process in place. She referred to Page XIV-74, 14.10.02 Large Lot Splits, which includes the changes that were approved by the Board on April 7, 1992, for variances. Ms. Lustgarten stated that the Board has before them, in the LDRS, proposed language submitted by the Planning Department, with a couple of items that were left out from the April 7, 1992 meeting. She stated that Mr. Stubbs has also submitted to the Board members a memorandum dated April 29, 1992, which addresses this particular section as well.
Mr. Stubbs stated that he disagrees with the proposed language submitted by Ms. Lustgarten, as follows: "Each proposed lot shall front a minimum of one hundred fifty (150) feet on a paved private road, a publicly maintained road, or an easement." Ms. Lustgarten explained that this wording was before the Board on April 7, 1992.
Mr. Stubbs stated that, in his memorandum, he added the following, which was due strictly from a public health, safety and general welfare concern:
6. If a variance is sought from the requirements of the above
referenced standards the Board of Adjustment shall consider
the inclusion of the following:
a. An improvement of the non-exclusive easement with
clay or other stabilized surface as approved by
b. The inclusion of maintenance requirements for the
easement into the deeds or Deed Restrictions for the
proposed administrative subdivision in a form
acceptable to the County.
c. Limiting the number of lots being created to remain
consistent with the development pattern in the
surrounding area of the proposed administrative
Commr. Swartz stated that he was not opposed to adding the above language, because it does put people on notice, but questioned whether there is a road frontage requirement in the
current LDRs. Mr. Stubbs responded that there are no requirements, and he reviewed the requirements of the zoning code.
Mr. Stubbs and Ms. Lustgarten informed the Board that they wanted the following inserted into the language: flag lots cannot be created.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to strike the language requiring the 150 feet on a paved private road (#5), and insert language that says flag lots will not be allowed to be created under this large lot split process.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to add the language provided by Mr. Stubbs to indicate that, for any administrative subdivision, the appropriate language be recorded on the proper lot documents, including the maintenance of the easement. This would include the change on Page XIV-76, Number 6, as indicated in Mr. Stubb's memorandum, with the exception of the variances granted. Generally applicable language will be added for large lot splits.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the language on Page XIV-75, D. Standards, in Mr. Stubb's memorandum, which states only five (5) new lots may be created per original parcel (the total number of lots created shall not include the original parcel).
Discussion occurred regarding the proposed changes to Chapter IX, Pages IX-70 and IX-71, which were contained in Ms. Lustgarten's memorandum, and submitted by Fire Rescue, regarding potable water requirements in relation to fire.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved to place the proposed language into Chapter IX, Pages IX-70 and IX-71, pertaining to potable water, into the Technical Specifications Manual, as recommended by Ms. Karen Bowerman, Assistant Fire Coordinator, Fire Rescue, and as amended.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the amendments to Chapter XIV, Pages XIV-7 through XIV-12, as submitted by Ms. Lustgarten, County Attorney.
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the following changes to Chapter XIV, Page XIV-12:
14.02.10 Exceptions: C. Small scale development activities if the proposed amendment is a residential land use of ten (10) acres or less with a density of ten (10) units per acres...."
C. 1. The cumulative effect of the above condition shall not exceed sixty (60) acres annually;...
Ms. Lustgarten discussed Chapter III, Page III-28 regarding the definitions of kennel or cattery, and the number of cats and dogs allowed. She discussed the issue of "greyhound dog farms", and stated that the way that the current code is drafted, this is not a listed permitted use, and it is defined as a commercial kennel based on the current definitions. She discussed some of the objections that the greyhound owners had with obtaining a commercial kennel license.
Ms. Lustgarten stated that there are a number of typographical errors, and scrivener errors as well, which will be brought before the Board in amendment form before the next meeting. Certain language was also left out of the Wekiva amendment, which will be inserted, and will also be brought before the Board in amendment form.
Mr. Stubbs stated that the issues concerning the parking of commercial vehicles in residential areas; mobile home bond process; and care for the infirm need to be included in the LDRs, with no changes being made to the verbiage. He discussed the building of towers and stated that this should continue to be allowed, in accordance with the State and Federal laws. Mr. Stubbs stated that another issue discussed was the average setbacks for commercial and industrial, which have been included in the LDRs, and requested that he be allowed to also include the setbacks for residential.
Mr. Stubbs stated that, in Policy 1-1.10 in the Comprehensive Plan, it establishes the 80% rule for density to assume adjacent to a municipality, and requested that this also be included in the LDRs.
Ms. Lustgarten summarized what the Board will have before them on May 19, 1992.
Commr. Bailey discussed Chapter II, Page II-15, the definition of development or development activity. He stated that he would like to make the following changes:
Strike: "...of a site. (striking the period)
Add: "...of a site, except as activities apply to normally accepted agricultural practices.
Commr. Swartz requested clarification on the changes being proposed by Commr. Bailey and questioned if this is designed to deal with the active agricultural and silvicultural activities that are currently being done on lands that are currently being in agricultural use, or will this also apply to the clearing or intrusion into lands that are not currently being used for those agricultural practices. Commr. Bailey stated that it would include all of this land. Commr. Swartz stated that he would not support extending this into the lands that are not currently being used for these purposes.
Commr. Bailey made a motion, which was seconded by Commr. Gregg, to approve Chapter II, Page II-15, the definition of development or development activity, to reflect the definition of development from Florida Statutes 380.04.
Ms. Gail Easley sited Chapter 380, Florida Statutes, the definition of development, which is the same definition referenced in Chapter 163.
Commr. Swartz extensively discussed the motion on the floor. After further discussion, the Chairman called for a vote on the motion, which was carried unanimously.
Commr. Bailey referred to Chapter VI, Page VI-3 F. Standards for Agricultural and Silvicultural Practices, and proposed the following change:
Strike: "Where habitat is known to contain designated species, a notice of intent and approved management plan shall be required. Wetlands shall not be fenced so as to restrict the movement of wildlife and shall be allowed to separate ownership of lands."
Ms. Lustgarten stated that this language tracks the language from the Comprehensive Plan, and would require an amendment to the Plan, in order to strike the language.
Commr. Bailey made a motion, which was seconded by Commr. Gregg, to approve to strike the above language from Chapter VI, Page VI-3.
Commr. Swartz stated that, as a point of clarification, if the Board decides to approve the motion, the same language is on Page VI-15, and should be included in the motion. After review, Mr. Barker stated that the last two sentences being struck are not included in the section on Page VI-15.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote, with Commr. Swartz voting "no".
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved to insert into Chapter VI the revised language pertaining to the wetlands, from the memorandum presented by Mr. Jim Barker, Director of Pollution Control.
Commr. Swartz voted "no".
Commr. Bakich referred to Chapter VI, Page VI-17 B. Relocation, and questioned the singling out of gopher tortoises, with Mr. Barker stating that he would review the wording in the Comprehensive Plan.
Commr. Swartz discussed the issue brought forward by Mr. Smoak regarding minor lot and large lot splits, which will be under a new land use map and will be incompatible, and therefore nonconforming. He stated that he supports the concept of a system such as the "lot of record", and that these lots should gain the same rights.
Discussion occurred regarding Chapter III, Page III-28 and the language concerning "lot of record". Commr. Gregg suggested that Mr. Stubbs review this section and present, in amendment form, how this issue can be addressed, and Commr. Swartz requested that he
include the impact of the lot of record process, as well as the administrative waivers that created lots.
Commr. Swartz referred to Chapter III, Page III-18, regarding the R-1 zoning, Non-Intensive Agricultural, (C & P) with Ms. Lustgarten stating that, if it is under five acres, it would be a permitted use, and if it is over five acres, it would be a conditional use permit. It was noted that clarification would be made on this issue, and to Page III-19, Plant Nurseries, (C & P).
Commr. Swartz referred to Chapter IV, Page IV-12 A. Open Space, regarding a minimum of twenty (20) percent of the gross area of land of the PUD shall be used for open space. He then referred to Page IV-15, A. Allocation of Uses, and stated that in #5, the minimum should be 15% of the gross land area of a MUQD.
Commr. Bakich referred to Chapter VI, Page VI-10 B. Clearing Limitation of the Shoreline, and questioned the total of 25 feet of the shoreline vegetation. It was noted that this language is contained within the Comprehensive Plan. After discussion, the Board requested that this issue be placed as an amendment to the Comprehensive Plan.
Commr. Swartz referred to Chapter XIV, Page XIV-2 D. Mail, regarding the three hundred (300) feet of the perimeter of the Applicant's property. He stated that this section should read "150 feet for all other than mining, which requires 300", with clarification and direction being given to staff to incorporate this language. Mr. Barker stated that he also understood that the language be tracked for the noticing that has to be on the nearest roadway. It was noted that the additional posting on the intersection or access road would be included for the mining process.
Commr. Gregg requested that staff review the technical aspects that were referred to by Mr. Barker, so that they comply with DER, and report back at the final hearing.
On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved to not place a time limit on PUDs and MUQDs.
Commr. Swartz voted "no".
Commr. Gregg discussed the requirement of charging all impact fees up front, and stated that an individual should pay the fees when the system is impacted. He stated that he would like to see some charge, but not a requirement to place 100 percent of the potential impact fees up front, and tying up capacity.
Discussion occurred regarding placing the impact fee requirements within Chapter V relating to concurrency. Mr. Stubbs stated that there will be some fee schedule amendments, with a resolution being adopted at the last meeting.
Commr. Bailey discussed the suggestions made by Mr. Bible regarding Chapter IX, Page IX-8, Section 9.01.04 and Section 9.02.07, which allows six (6) trees for lots greater than six thousand (6,000) square feet up to and including one (1) acre; and six (6) trees for each additional acre in excess of one (1) acre. He requested that staff review this section.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 8:25 p.m.
MICHAEL J. BAKICH, CHAIRMAN
JAMES C. WATKINS, CLERK