The Lake County Board of County Commissioners met in regular session on Tuesday, June 15, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Bruce Carroll, Business Office Manager, Administrative Services Department; and Toni M. Riggs, Deputy Clerk.
Father David Randolph, Chaplin at the Lake County Detention Center, gave the invocation and led the Pledge of Allegiance.
MINUTES
Discussion occurred regarding the Minutes of April 27, 1993, Regular Meeting, with a correction being made on Page 24, Line 3, as to the name of the Commissioner who made the motion.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 27, 1993, Regular Meeting, as corrected.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of May 10, 1993, Solid Waste Workshop/Bonds, as presented.
On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of May 20, 1993, Solid Waste Workshop/Bonds, as presented.
PERSONAL APPEARANCES
CLERK OF COURTS CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the following:
Accounts Allowed
List of warrants paid prior to June 15, 1993 meeting, pursuant to Florida Statutes, Chapter 136, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.
Ordinances/Municipalities
Request to acknowledge receipt of Ordinance No. 93-03, an Ordinance of the City Commission of the City of Eustis, voluntarily annexing that vacant land consisting of 2.11 acres located at the east end of Laurel Oak Drive, between Trout Lake to the north and Dr. Rath's Office to the south, for one single-family residence, approved April 15, 1993.
State Agencies/Utilities
Request to acknowledge receipt from the Florida Public Service Commission, Amended Notice of Commission Hearing, IN RE: Initiation of Show Cause Proceedings Against Cherry Payment Systems, Inc. d/b/a Cherry Communications for Violation of Rule 25-4.118, F.A.C., Submitting Unauthorized Primary Interexchange (PIC) Changes for Processing and Causing an Excessive Number of Complaints to be filed Friday, June 18, 1993, 10:00 a.m., Tallahassee, Florida.
Accounts Allowed/Courts-Judges
Request to approve and authorize signatures on the following Satisfaction of Judgments:
1. Case No. 81-293-CJ, Scott Allen Dunn, David and Diane Dunn, in the amount of $150.00.
2. Case No. 92-3001-MM-A-01-54, State of Florida vs. Dolores
Anne Burd, in the amount of $50.00.
Accounts Allowed/Assessments
Request to approve and authorize signatures on the following Satisfaction of Assessment Liens:
Hilltop #3 Subdivision/Grant Ave.
Marilyn R. Pierson $ 877.18
Robert A. Pymer 996.12
Mount Plymouth Subdivision
C. W. Overton $ 593.37
Walter P. Tierney, Trustee 620.24
Joseph Jefcik 2,790.51
Astor Forest Campsites
L. L. White $1,171.59
Mt. Plymouth II - Albia/Lido/Alpena/Aberdovey
Leonard L. Phillips and Georgia M. Phillips $ 709.67
Sorrento Shores/Harbor Way/Windward/Bay/
Leeward/Pelican
S & K Realty subject to contract for Deed in
favor of Donald L. Finzer $3,643.72
Birr Park Subdivision
Donald A. & Mary A. Temple $3,080.62
PRESENTATIONS/PRIVATE INDUSTRY COUNCIL
Ms. Robbie Hollenbeck, Director of the Private Industry Council, presented Mr. Tim Hoban, Senior Assistant County Attorney, with a Certificate of Appreciation.
PRESENTATIONS/FAIRGROUNDS
Commr. Bailey presented a Resolution to Ms. Betty H. Dittman, Director of the Lake County Fairgrounds, recognizing her as the President of the Florida Federation of Fairs. He then read the Resolution into the record.
ACCOUNTS ALLOWED/WATER AUTHORITY
Mr. Will Davis, Executive Director, Lake County Water Authority, appeared before the Board to discuss the proposal by the Florida Natural Areas Inventory, to conduct a Natural Community Inventory of Lake County. Mr. Davis stated that he had sent to Commr. Swartz a synopsis of the Comprehensive Plan Policies relating to a Florida Natural Areas Inventory (FNAI). He further stated that there are ten (10) policies in the Comprehensive Plan, with some of them being in the Future Land Use Elements, and others being in the Conservation Element. Mr. Davis stated that an effort has been made to put together a proposal to try and minimize duplication of effort by the Lake County Water Authority, the St. Johns River Water Management District (SJRWMD), and the County Commission, for an estimated cost of approximately $83,000.00. The SJRWMD has agreed to fund $10,000.00 towards this effort, and with the recommendation from the Land Acquisition Selection Committee, the Water Authority Board has agreed to fund 50% of the remaining costs, which would be approximately $35,000.00. Mr. Davis requested that the Board consider budgeting this amount for 1993-94.
Commr. Gerber, who serves on the Natural Resources Advisory Committee, informed the Board that the Natural Resources Advisory Committee has supported this request. She stated that the Committee feels the updated FNAI would be beneficial in working
through the objectives that have been established. She then discussed a letter from the Southwest Management District, in response to the Comprehensive Plan Amendment, complaining that the County's completion date for the cost analysis does not include a specific implementation date for the Environmental Resource Management Plan program.
Mr. Davis stated that the study has been cut back considerably, due to the elimination of all lands in the Ocala National Forest. He stated that he did not think those lands needed to be included, because they are already federally held lands. He then discussed having first hand information available for the people and developers, in order for them to make a better determination of whether or not they wish to purchase certain property, and knowing whether or not the property has endangered, or threatened species, or there is a sensitivity to that site.
Mr. Jim Barker, Director of Environmental Management, appeared before the Board and stated that he feels the FNAI will have a wide use throughout the County programs, and that there will be major advantages for having this inventory on hand.
Mr. Davis explained the costs involved with the FNAI, and the original total cost being in the amount of $83,781.00. He further explained that a member of several citizens advisory committees has offered a house at Bugg Springs, which will allow free room and board to the FNAI staff for a period of 13 months while the study is being done. This would be a savings of $4,800.00. Mr. Davis stated that the SJRWMD will provide $10,000.00, with the balance being divided between the Lake County Water Authority and the Board.
Mr. Gene Caputo, Inter-governmental Coordinator, St. Johns River Water Management District, appeared before the Board and stated that the District is currently participating in the same type of study in Marion County, and is putting together a study in Alachua County. Mr. Caputo recommended that the Board support and
participate in the project. He advised the Board of the fact that there are other agencies participating with the other counties, and the Board may want to seek other participation. He then elaborated on those agencies participating in the program in Alachua County and Marion County, and stated that it would behoove the interest of Lake County to seek support from some of the other agencies.
Mr. Davis stated that the only agency that he has not contacted is the East Central Florida Regional Planning Council (ECFRPC), and that he has contacted other agencies, but without receiving supportive responses.
Commr. Swartz stated that, if the Board chooses to support the request subject to final budget approval, he would request that the Board also authorize a letter from the Board to the different agencies asking for their support.
Discussion occurred regarding the private sector using the FNAI information, and whether this would be on a user fee basis, or if the private sector has been asked to participate. Mr. Davis stated that this will not take the place of the development review process. He then discussed the fee structure used by his office when requests are made for the Geographic Information System (GIS) information, which he will send to the Board members.
Commr. Swartz stated that he would like to review the fee schedule, and to look at a fee structure, and possibly estimated costs that would recover some of the costs for the development of the computerized GIS Data Base.
Mr. Davis stated that he has worked through the Urban and Regional Information System Association (URISA), and could work with Ms. Lustgarten to determine how government agencies can charge for the geographic information and material, since there is a very broad spectrum of interpretation. He discussed the procedure used by the Water Authority Board to charge for information. He further discussed other private and governmental ventures for data sharing, and stated that a third party contract for a third party value added service has been discussed where the County would get a percentage.
Ms. Lustgarten stated that the issue of whether any costs are reimbursable was recently discussed in the Legislative Session. To date it has been considered public record and is available to the public. This issue has been assigned to a Study Committee to come back in the next Legislative Session.
Mr. Barker discussed the reoccurring cost to keep the information current.
Mr. Tom Wetherington, member of the Natural Resources Advisory Committee, addressed the Board and stated that the Natural Community Inventory would save the County money in the long run.
Commr. Hanson stated that, with the environmental sensitivity in Lake County, both in the Green Swamp and the Wekiva areas, and with the accelerated acquisition from the State, it seems Lake County would be able to get more funding assistance from the State.
Mr. Davis stated that the Department of Natural Resources (DNR) is actually funding the day to day operation of FNAI through the retrievable information that goes into the process.
Commr. Swartz stated that, if it is the recommendation to go forward with this request, a letter will be sent out to some of the different agencies indicating that the County is going to take part in the FNAI.
Commr. Cadwell stated that the cities needed to be included in this process.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for funding, in the amount of $35,000.00, subject to final budget approval, and authorized sending out letters to the cities and various agencies, as discussed.
ACCOUNTS ALLOWED/GAME & FRESH WATER FISH COMMISSION
Mr. Wesley Porak, Florida Game and Fresh Water Fish Commission, appeared before the Board and introduced Mr. Bill
Johnson, Administrator of Research, and Mr. Eric Cotsenmoyer, Director, Lake County Mosquito and Aquatic Plan Management. Mr. Porak stated that he is requesting funding, in the amount of $17,130.00, from the Lake County Fish Conservation Fund for the tagging equipment to implant coded microwire tags into fish. At this time, Mr. Porak presented background information as to why the request is being made for the equipment, and why this particular equipment. It was noted that Lake Carlton in the Harris Chain of Lakes will serve as a pilot study lake.
Mr. Porak stated that preliminary results from this research will be available in two (2) years, and final results in three (3) years.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the funding from the Lake County Fish Conservation Fund in the amount of $17,130.00 for the fish tagging equipment.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Pete Wahl informed the Board that Tab 14, the request to advertise Road Vacation Petition No. 721 by Paul Young, Friendship Baptist Church, has been withdrawn, at the request of the petitioner.
Mr. Wahl stated that on Tab 11, the agenda reflects a staff recommendation of approval, but in the backup material, staff has recommended that the request for the Attorney General's Opinion be directed to the Tourist Development Council (TDC) first.
Mr. Wahl stated that there are two changes on Tab 3: the Sheriff had requested a transfer of $5,000.00 from his Operating Budget and $5,000.00 from Capital, but has changed the request to apply the total $10,000.00 to Capital. Also there is a resolution bringing $135,701.00 of Private Industry Council (PIC) funding into the budget for the Summer Youth Program.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, with the changes as noted above by Mr. Wahl, County Manager:
Accounts Allowed/Budget Transfers
Budget Transactions
a. Budget Transfers
1. Fund: General
Department: Information Services
Division: Telecommunications
From: Communications - Contra $(36,699)
To: Communications - Other $ 36,699
Transfer #: 93-0174
2. Fund: General
Department: Sheriff
From: Contingency/Sheriff $ 10,000
To: Transfer/Law Enf.-Capital Outlay $ 10,000
Transfer #: 93-0184
3. Fund: Resort Development Tax
Department: Office of Tourism
From: Special Reserve $ 53,900
To: Grants and Aid $ 53,900
Transfer #: 93-0190
4. Fund: General
Department: Fire and Emergency Services
Division: Emergency Management
From: Animal Control $ 76,428
To: EMS Trust Grant $ 76,428
Transfer #: 93-0195
For Your Information
In accordance with Board direction, the following items were approved by the County Manager based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit to $25,000.00 for the County Manager:
Transfer Number: 93-0101
Fund: General
Dept./Division: Elections
Total Transfer Amount: $20,000
From: PERS.SVCS
To: CAPITAL
Transfer Number: 93-0166
Fund: Transp.
Dept./Division: Public Svcs/Eng.
Total Transfer Amount: $10,600
From: Capital
To: P.SVCS/OP.
Transfer Number: 93-0173
Fund: Transp.
Dept./Division: Public Svcs/Sp.Svcs
Total Transfer Amount: $15,000.00
From: Operating
To: Operating
Transfer Number: 93-0177
Fund: General
Dept./Division Corrections
Total Transfer Amount: $24,000
From: Operating
To: Operating
Transfer Number: 93-0182
Fund: Landfill
Dept./Division Pub.Svcs/Solid Waste
Total Transfer Amount: $23,513
From: Operating
To: Operating
Accounts Allowed/Resolutions
Resolution requesting that the JTPA Fund for Fiscal Year 1992/93 be amended to increase the total budget to include unanticipated revenue received from the Volusia, Lake, Flagler, Private Industry Council, Inc., in the amount of $135,701.00, to be used for economically disadvantaged adults (Title IIA) and economically disadvantaged youth, ages 14-21 (Title IIC).
Libraries
Request for approval of the Lake County Library System Policies pertaining to Guidelines and Minimum Standards for Public Libraries entering the County Library System; Interlibrary Loans/Intra County; Confidentiality of Library Records; and Circulation and Registration.
Accounts Allowed/Grants/Contracts, Leases & Agreements
Public Health/Community Services
Request for approval and signature on Annual Grant Funding Contracts between Lake County and Lake County Association for Retarded Citizens, Inc., Lake/Sumter Rape Crisis Center, Inc., Childhood Development Services, Inc., Mid-Florida Community Services, Inc., and Lake County Family Health Council, Inc., for a total amount of $62,000.00.
Accounts Allowed/State Agencies
Request to approve the sale of Department of Corrections module trailers to Agency for Community Treatment Services, Inc. (ACTS) for an amount of $20,000.00.
Fire & Emergency Services
Request to approve to transfer title of ALS Ambulance Ford Type I, Property #13356, which is being traded in by Florida Regional EMS.
Roads-County & State
Request to approve the Amended maintenance map of Round Lake Road.
Budgets/State Agencies/Public Services
Request to approve and signature on detailed Work Plan Budget for Arthropod Control for Fiscal Year 1993/94 as required by Florida Department of Agriculture and Consumer Services, Bureau of Entomology and Pest Control.
Deeds/Rights-of-Way, Roads & Easements
Accept the following Statutory Warranty Deeds:
Road Rights-of-Way
Craig Zinckgraf
Marion County Rd. #5-8010
MLS #93-35
Richard and Joan Zinckgraf
Marion County Rd. #5-8010
MLS #93-35
William S. Greenlee
Robert F. Greenlee
Donovan Lane #5-6649
Committees
Approved for the request to obtain an opinion from the Attorney Generals Office regarding the expenditure of the Tourist Development Tax Revenue for Rails to Trails to be directed to the Tourist Development Council (TDC).
Municipalities/Public Services
Request to approve the temporary closure of Old 441 (5th Avenue) in Mount Dora, from Baker Street west to Alexander Street from 6:30 p.m., Friday, February 4, 1994 to 8:00 p.m., Sunday, February 6, 1994, for the purpose of celebrating the 19th Annual Mount Dora Arts Festival.
Road Closings - Permission to Advertise
Request to approve to advertise Road Vacation Petition No. 720 by Walter Hawthorne, to vacate drainage easement, Venetian Park Subdivision, Sec. 25, Twp. 19, Rge. 25, Tavares Area, Commissioner District 3.
Road Closings - Permission to Advertise
Road Vacation Petition No. 721, by Paul Young, Friendship Baptist Church, to vacate part of Second Street, sec. 8, Twp. 18, Rge 24, Lady Lake Area, Commissioner District 5, was withdrawn at the request of the petitioner.
Purchasing/Accounts Allowed
Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes, as follows:
A) Authorization to Seek Bids, Proposal and Professional Services
and Approve Technical Specifications.
DIVISION AMOUNT
1) PURCHASING $40,000.00
Authorization to seek bids and approve specifications for Lake County's annual Bid #B-4-3-69 for Asphaltic Concrete, at an estimated annual cost of $40,000.00.
2) PURCHASING $50,000.00
Authorization to seek bids and approve specifications for Lake County's annual Bid #B4-3-68 for Fill Dirt, at an annual estimated cost of $50,000.00.
3) PUBLIC SERVICES $10,000.00
Authorization to seek proposals and approve specifications for Proposal #P-5-3-13 for Fleet Maintenance Software System, which will provide preventative Maintenance Scheduling, Tire and Warranty Tracking and Bar Coding.
4) SOLID WASTE $80,000.00
Authorization to seek bids and approve specifications for Bid #B-5-3-71 for the purchase of approximately 35,000 residential curbside recycling containers. The estimated cost is $80,000.00, however, there is only $8,000.00 budgeted for FY 92/93. This total cost will be 100% reimbursable from grant money, subsequent to October 1, 1993. Solid Waste has requested delivery of these items prior to October 1, 1993. Therefore, Purchasing will bid this project seeking three types of pricing: direct purchase, a three year lease option buy out, and a 10% down, net 60 days payment terms.
B) Authorization to Waive Bid Requirements and Accept Quotes and
Issue Purchase Orders
DIVISION AMOUNT
1) PUBLIC SERVICES $15,000.00
Authorization to waive bid requirements and accept quotes and award a Purchase Order to the lowest, most responsive quoter for one each, new Vyteek 1000 Sign Cutter and miscellaneous hardware, software and training. Expediting the receipt of these items is needed because of the grant money involved in the funding.
C) Award Bids and Proposals, and Issue Purchase Orders and/or
Contracts.
DIVISION AMOUNT
1) PUBLIC SERVICES $6,950.00
Florida Transcor, Inc.,/Authorization to issue Purchase Order and award Bid #B-4-3-56 for one new Thermoplastic Premelter. Three bids were received. Award recommendation is to the lowest, most responsive bidder. Estimated savings between low and high bidder is $2,331.00.
2) FIRE & EMERGENCY SERVICES $17,864.55
Aero Products/Authorization to issue Purchase Order and award Bid #B-2-3-59 for 11 new Ferno Model 29-M Ambulance Stretchers and mounts. Four bids were received. Award recommendation is to the lowest most responsive bidder. Estimated savings between low and high bidders is $2,839.87.
E) Authorization to waive Bid Requirements and Issue Purchase
Orders for Services or Commodities that are Not Bid or Quoted,
or if they are OEM Repairs.
DIVISION AMOUNT
1) PUBLIC SERVICES $15,000.00
ESTIMATED
Southern Machine & Equipment/Issue Purchase Order and amend original Board Action taken on May 18, 1993. The original request was to issue a Purchase Order to Mike's Diesel Services for the emergency repair of a 1982 Caterpillar D6-Dozer. However, they are unable to do the repair and the Purchase Order should be issued to Southern Machine & Equipment.
ANNUAL AMOUNT
2) INFORMATION SERVICES $120,000.00
FACILITIES & CAPITAL IMPROVEMENTS $401,910.00
PUBLIC SERVICES $ 44,500.00
CORRECTIONS $404,250.00
Authorization to waive bid requirements and issue direct payments to Finance for all monthly telephone and utility bills not to exceed $25,000.00 per invoice and authorize Division Director, or designee, to approve the invoices for payment.
CITIZEN QUESTION AND COMMENT PERIOD
MUNICIPALITIES
Reverend G. W. Layne, member of the A M E Bethel Church, Umatilla, appeared before the Board to discuss placing an intercom speaker system on the outside of the church, in order to try and resolve some of the problems of the people today. The speakers would be turned on Sunday from the hours of 10 a.m. to 2 p.m. Rev. Lane stated that he talked with the Police Chief and the City Clerk of Umatilla, and they directed him to the County.
Commr. Cadwell stated that the issue will be presented to the County Attorney, Ms. Annette Star Lustgarten, who will respond in writing to Rev. Layne, and explain the legal ramifications involved with the request.
Commr. Swartz directed Commr. Cadwell to meet with County staff, including the County Attorney, and look at alternatives that may exist, and meet with Rev. Layne, in order to find a resolution to the request being presented.
LANDFILLS
Mr. Walter Hawthorne, Tavares, appeared before the Board to discuss a concern that he has with citations being issued by the County to clean up private property that has been contaminated, or
abused, by others. Mr. Hawthorne stated that he feels a reminder rather than a threat would be more effective when a person did not know about the problem. He stated that he took two truck loads of building materials to the dump, which cost him approximately $1,000.00 to clean up his property. He then took 18 tires to the dump and was charged by the ton, which amounted to $32.00. He then took five (5) more tires back to the dump, and found that it cost $.65 a piece. Mr. Hawthorne stated that he is working to clean up the environment just as the Board, and felt that he was overcharged in both cases. He suggested that, when a citation is issued, a coupon be issued that would entitle an individual to a lesser rate, or fee. He also stated that he felt property owners should be able to dump at a lesser fee, or no fee, when they have to clean up their own property that others abuse.
Commr. Swartz stated that staff could check the records and determine whether Mr. Hawthorne was overcharged. He stated that he talked with staff about the differential between the $30 per ton for Clean Construction Demolition Debris (C&D), and the $62.32 for mixed waste, at which time he contacted Mr. Hawthorne and explained this. Commr. Swartz stated that it has been the policy of the Board not to waive those disposal costs when property is being cleaned up, and if an individual has proof, or evidence as to who has dumped on the property, Code Enforcement will take action.
Mr. Hawthorne stated that he talked with Code Enforcement about the debris that had been pushed onto his land, and that he attempted to get assistance from the Sheriff.
Commr. Swartz requested that the County Manager check with Code Enforcement on this matter.
Commr. Hanson stated that she would like staff to look at the problem being presented by Mr. Hawthorne, because she feels it is a major problem, and there should be some compromise.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/PUBLIC HEALTH
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Amendment II to the contract between Lake County and HRS Lake County Public Health Unit to reflect an increase and a decrease in State and Federal funds in the amount of $34,538.00.
COUNTY MANAGER/COUNTY EMPLOYEES
Ms. Lois Martin, Director of Human Resources, appeared before the Board and stated that the Board had received the summarization of the ratings and information contained in the County Manager Performance Evaluation Forms submitted to her by each Commissioner for the County Manager. She then presented the following correction to the information:
Page 2 - Cost of Living Adjustment (COLA) Effective: 10-4-92
It was noted that the County Manager had an overall average rating of 3.6, on a scale of 0 to 5, which covered ten (10) categories.
Ms. Martin presented the highlights of the County Manager's Agreement, with a correction being made to date of commencement (March 2, 1992). Ms. Martin stated that the Board could, in lieu of a salary increase, consider alternative compensation/benefits, e.g., provide an annuity, contribution to a deferred compensation plan, etc.
Commr. Cadwell extended his appreciation to Ms. Martin for the revisions that she made to the evaluation forms.
Commr. Hanson commended Mr. Wahl for the job that he has done, and stated that she sees the County looking and moving ahead. She stated that she feels much better than a year or so ago. She further stated that she feels Mr. Wahl does a good job working with each of the Commissioners individually and outside of the Board, and that his real direction is given by the consensus of the Board.
Commr. Hanson stated that he has done a good and admirable job with the Board, and in the community.
Commr. Cadwell stated that he feels this has been a good process where concerns can be expressed. He stated that he feels Mr. Wahl has done a great job and has moved the County ahead from where it was one year ago. Commr. Cadwell stated that, after the other comments have been made, he is prepared to make a motion.
Commr. Gerber stated that she did not feel, with only six months experience, that she was able to critique Mr. Wahl in a valid fashion. The decision that the Board will make today will have to be dealt with on the basis of the 3.6 overall average rating established by the Board.
Commr. Bailey stated that he has served several terms on the Board, and has worked with several County Managers over the years, and he feels the issues have been handled better with Mr. Wahl. He further stated that groups of individuals that Mr. Wahl has worked with in his district have been impressed by his professionalism. Commr. Bailey stated that he feels Mr. Wahl has done an outstanding job, and there has been a consensus of the Board that he has done the job that has been expected of him. Commr. Bailey stated that he supports Mr. Wahl.
Commr. Swartz discussed the evaluation form that was developed by staff and commended Ms. Martin for the new rating form and the system presented to the Board for the evaluation. He stated that it is the job of the Board to deal with all aspects of the job that is done. Commr. Swartz stated that his comments were made known to the County Manager individually, as well as through the evaluation, and therefore, he had no further comments.
Commr. Cadwell made a motion, which was seconded by Commr. Bailey, to approve to increase Mr. Wahl's compensation by a 1% cost of living raise, and a 2% merit increase.
Under discussion, Commr. Hanson stated that she had no problem with the motion, but would like the Board to look at the other options in lieu of a salary increase, as discussed by Ms. Martin.
Commr. Cadwell stated that he wanted to keep the increases in these two categories, because these are the categories that affect the other employees. He also stated that the 2% merit increase was based on the consensus of the Board.
Ms. Martin clarified that the cost of living and merit increases will be effective on Mr. Wahl's anniversary date.
Commr. Hanson discussed the team building retreats attended by the Board and staff, and stated that it is extremely important to bring the different philosophies of each one together, and to continue to move ahead as a team.
Commr. Bailey discussed the solid waste issue as an example of the Board working together with staff as a team, and he stated that it took the cooperation of all to get the end results.
Commr. Swartz stated that he would not support the merit increase, and that he has discussed this with Mr. Wahl. He stated that subsequent to his evaluation, as long as the Board chooses to keep Mr. Wahl as County Manager, he will continue to work with him and County staff for the betterment of the citizens of Lake County. He further stated that he would respect the decision of the majority of the Board, but that he would not be able to support the motion.
The Chairman called for a vote on the motion, which was carried by a 4-1 vote.
Commr. Swartz voted "no".
ACCOUNTS ALLOWED/PUBLIC SERVICES
Mr. Chuck Pula, Parks and Recreation Coordinator, along with Mr. Ron Williams, Vice - Chairman of the Rails to Trails Task Force, and Mr. Will Abberger, representative, Trust for Public Land, were present to discuss the request.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to accept the Scope of Services for the South Lake Rail Trail Study provided by the Trust for Public Land, and to waive the requirements for a request for proposals, including advertising, firm selection, and to award criteria in the amount of $11,650.00 from Federal Revenue Sharing Funds.
REPORTS
COUNTY ATTORNEY MATTERS
SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, informed the Board that the County was served last week with a lawsuit by The Water Oak Management Corporation, et al, challenging the County's special assessment program for fire and solid waste, and she will be responding to the suit. Ms. Lustgarten requested authorization to use Mr. Bob Nabors' firm as a consultant in this litigation, with funds coming out of her budget. She stated that the challenge is to the constitutionality of the assessment, which is authorized by the Constitution, as well as Chapter 125, Florida Statutes, which gives the County home rule power.
Commr. Swartz stated that this lawsuit has significance far beyond Lake County government, and he would like to encourage the Board to contact the Florida Association of Counties and other counties directly, to determine whether or not they would enter into some type of cost sharing basis for defending the suit, which is questioning the constitution authority. He suggested that the Board include doing this in the motion.
Commr. Gerber made a motion, which was seconded by Commr. Bailey, to authorize the County Attorney to use Nabors, Giblin & Nickerson as consultants in the litigation filed by The Water Oak Management Corporation, et al, and to approach the Florida Association of Counties and the counties, to determine whether or
not they would be willing to enter into a cost sharing basis for defending the suit.
Under discussion, Commr. Gerber requested that she be informed of this situation as it applies to charter and non-charter issues.
The Chairman called for a vote on the motion, which was carried unanimously.
COURTS-JUDGES/SUITS AFFECTING THE COUNTY
Ms. Annette Star Lustgarten, County Attorney, discussed potential litigation in relation to Club 44. The County has reviewed Club 44 for any code enforcement violations, and for several months the facility was in compliance with the County codes. The Sheriff contacted Mr. Pete Wahl, County Manager, and met with her in relation to proceeding under statutory authority regarding public nuisance, and seeking a hearing for a temporary injunction, and subsequently a mandatory injunction, to have the activities at the facility discontinued based on a series of escalating incidences that are occurring there and are causing a threat to the health, safety and welfare of the community.
Commr. Swartz discussed the Board contemplating for the future modification of the alcohol consumption laws in Lake County. He stated that it seems most problems occur between the hours of 12 midnight and 2 a.m., and he will get information relative to this from the Sheriff for the Board to review.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to authorize the County Attorney to move forward with the appropriate court proceedings necessary for an injunction to discontinue the activities at Club 44.
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
Ms. Annette Star Lustgarten, County Attorney, informed the Board that she has received a proposed Settlement Agreement from the Department of Community Affairs (DCA), in relation to the
Comprehensive Plan, and will be bringing it to the Board upon finalization.
COMMISSIONERS
ORDINANCES
Commr. Gerber discussed the issue of a noise ordinance in the County. She stated that she obtained a copy of all complaints made from January, 1992, through January, 1993, and there were 4,139 noise complaints in the County.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that two years ago staff drafted a comprehensive noise ordinance, and it was discussed at length with the Sheriff, as far as who would have the enforcement powers. Ms. Lustgarten stated that she will pursue the ordinance and bring it back to the Board for further consideration.
RESOLUTIONS/MUNICIPALITIES
On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Resolution congratulating Mount Olive Missionary Baptist Church in Okahumpka for its life in the community of one hundred (100) years.
PROPERTY APPRAISER/TAXES
Commr. Hanson updated the Board on the Pine Tree Program and stated that the brochure is almost ready to come to the Board for review. She stated that she would like consideration to be given to placing the brochure in the tax notices of the property owners that Mr. Ed Havill, Property Appraiser, may designate as having a potential of using the program to keep from losing their agriculture exemption.
MUNICIPALITIES
Commr. Cadwell discussed a problem that is associated with trees at the Umatilla Airport, and stated that he met with several of the pilots, the City Clerk, and the City Attorney yesterday. He further stated that he would like for the Board to give the City of Umatilla one week to work out an agreement with Mr. Ray Bryant,
which includes the participation by Mr. Bryant, the County and the City, in trimming and removing the trees, in order to come into compliance with the Florida Department of Transportation (FDOT) regulations, with a cap of $1,000.00 for the County's participation. Commr. Cadwell suggested that, at the end of one week, the County Attorney be given the power to request emergency relief from the court.
Reverend W. G. Layne, Umatilla, appeared before the Board and commented on issues that had been brought to the Board earlier, which included Club 44, and his request to place speakers on the outside of the church.
Mr. Bill Hencken, Maitland, appeared before the Board and commented on the urgency of trimming the trees on the south end of the runway. He stated that this is a very serious problem, and at this time, he discussed the glide path that is in jeopardy. Mr. Hencken discussed who bears the financial responsibility, and stressed the immediate need for this problem to be resolved.
Commr. Cadwell stated that the City of Umatilla has reassured him that it will be coming to some type of resolution before this becomes a problem again.
Mr. Russell Bryan, Umatilla, appeared before the Board to clarify that he is not the individual who owns the property with the trees. He stated that this has been a problem since January, 1992, and is a very dangerous situation.
Mr. Carl Vossberg, Umatilla, appeared before the Board and stated that his business has outgrown the airport, and unfortunately the airport has not kept up with the growth of the area. He discussed the ordinances pertaining to the slope needed for the airport, and stated that the airport needs to be maintained. He further stated that it is unsafe, and it could be better without the trees. Mr. Vossberg explained that the request needed to be considered for the future extension of the runway, in order for it to keep up with the growth in the area.
On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved for the County to contact the City of Umatilla with its willingness to participate in a three-way program to remove the trees, and to get them into compliance at the Umatilla Airport, with the stipulation that an agreement be prepared within one week, and work begin, and if not, the County Attorney will have the permission to proceed to Circuit Court and request an injunction to have the trees removed.
It was noted that the County's participation would be capped at $1,000.00.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
APPOINTMENTS-RESIGNATIONS/COMMITTEES/FIRE PROTECTION
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Ms. Mary D. A. Bergeson to replace Mr. Bob Duty, as private homeowner, on the Fire and Emergency Services Advisory Board.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to ratify the Resolution naming Mr. Bill Horan as the Lake County Patriot of the Year.
ACCOUNTS ALLOWED/LIBRARIES/GRANTS/HUMAN RESOURCES
CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests:
1. Approval to apply to the State Library for a long range
planning grant not to exceed $15,000.00.
2. Approval to reclassify Computer Analyst, Pay Range 609-00,
position to Cable Television Coordinator, Pay Range 128-01,
in Other Information Services, Information Services Division,
Deputy County Manager.
3. Approval and signatures on grant amendment form, DNR Contract
#C-7870, for the Cooperative Aquatic Plant Management Program
(FAC Chapter 16C-54), in the amount of $30,000.00.
COUNTY COMMISSIONERS' DEPARTMENT BUSINESS
COMMITTEES/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Services, was present to discuss the request and presented pictures of the project for review.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Project and Appointment Selection and Certification Committee for Project #18-93, C-561A Bridge (Bridge No. 114046), as follows, and permission to advertise:
Commr. Bailey
Jim Stivender, Senior Director, Public Services
Don Griffey, Engineering Director
Joe Mordini, Construction Inspection Supervisor
Fred Schneider, Engineer III
Wayne Saunders, Clermont City Manager
COMMITTEES/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Services, was present to discuss the request.
On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Project and Selection and Certification Committee for Design-Build Project #15-93, Getford Road/Hicks Ditch, as follows, and permission to advertise:
Commr. Hanson
Jim Stivender, Senior Director, Public Services
Don Griffey, Engineering Director
Joe Mordini, Construction Inspection Supervisory
Fred Schneider, Engineer III
Chin Khor, City of Eustis, Director of Public Services
Mr. Stivender informed the Board that an agreement will be forthcoming to the Board from the City of Eustis.
CONTRACTS, LEASES & AGREEMENTS/ASSESSMENTS
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved to amend and execute Addendum No. 4 to the Resource Development Group contract for modification of the current solid waste non-ad valorem assessment program and the preparation of the 1993-94 residential and commercial solid waste assessment roll, and authorization to
encumber and expend funds, subject to final review and approval by the County Attorney.
It was noted that Addendum 4 limited the cost to an amount not to exceed $64,000.00.
COMMUNICATIONS/INFORMATION SERVICES
Mr. Bruce Thorburn, Interim Director of Information Services, was present to discuss the request.
On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized the necessary submittal of paperwork and applications, in order for the County to be in the position to review and set rates relative to cable, based on the new FCC guidelines, and authorized appropriate signatures.
RECESS & REASSEMBLY
At 11:15 a.m., the Chairman announced that the Board would take a brief recess.
PUBLIC HEARINGS/TIMES CERTAIN
COURTHOUSE/COUNTY BUILDINGS & GROUNDS
Mr. Terry Short, O'Dell & Associates, was present for the Schematic Design Presentation in relation to the Lake County Government Center.
Mr. Mike Anderson, Director of Facilities and Capital Improvements, stated that several weeks ago, a master plan was brought to the Board, and this week the completed schematic design will be presented to the Board. He stated that he and Mr. Short will review the site plan, floor plans, and schedule with the Board, and briefly discuss the estimate comparison. He further stated that Board action is needed on the Schematic Design today.
Mr. Short presented an explanation of the site plan for the Lake County Government Center, and referred to the drawings provided for the discussion. He discussed the three major buildings that are part of the complex; the demolition of the Sheriff's annex building and the museum building; and the removal
of parking in front of the historic courthouse. He also addressed changes in parking, and the monuments that will be placed within a designated area. Mr. Short stated that he will be approaching the City of Tavares about the possibility of a double-stop stop light. Discussion occurred regarding the creation of a handicap only parking lot, with Mr. Short stating that there will be a net of plus 11 parking spaces for the whole project. He further stated that there would be significant landscaping, and possibly a plaza level, with a designated space for smokers. Mr. Short stated that he feels that he has been able to achieve the goals of the master plan. He then addressed the issue of the retention areas.
Mr. Short addressed the floor plans for each of the buildings and highlighted any new information. Mr. Short started the presentation with the Sheriff's building (Old Jail), with it being noted that the Sheriff has fully signed off on the schematic design. He continued the presentation with the discussion of the Historic Courthouse, and stated that Mr. James C. Watkins, Clerk, has indicated that he has no problem with the Historical Society and Museum area. Mr. Short discussed the area designated for Mr. T. Keith Hall, Tax Collector, and stated that Mr. Hall still has a concern with the parking. Mr. Ed Havill, Property Appraiser, was present, and stated that he finds the plans acceptable.
Commr. Swartz noted that a letter was received from Mr. Hall, Tax Collector, indicating his concerns with the parking issue.
Mr. Short discussed the fourth floor area that has been designated for the Historical Society.
Ms. Jackie Hester, Lake County Historical Society, appeared before the Board and extended her appreciation for the space being provided for the historical organization. Ms. Hester stated that the representatives, Commr. Gerber, Mr. Anderson, and Mr. Short, have done an outstanding job working with the Lake County Historical Society, and thanked them for their efforts.
Mr. Short stated that the balance of the fourth floor is available for future expansion, or other functions not currently shown. He then discussed the fifth floor, which will be used by the Property Appraiser and Tax Collector for archive storage, plus an active area for mail processing and work stations to be used during the peak period of the year. He also discussed the elevator system for the building.
Mr. Short discussed the Round Courthouse Building and reviewed the offices that will be housed on each floor.
There were no comments relative to the Round Building.
Mr. Short presented a Project Schedule and stated that, after indepth discussion with parties involved with the project, this will minimize the amount of move. He stated that there will be only two temporary moves required to accomplish this project, which he explained at this time. He further stated that this plan will also get the biggest percentage of people into newer space faster.
Mr. Anderson stated that a small amount of record storage has been created at the Old Post Office, so that the departments can begin to get ready for the move.
Mr. Short discussed the importance of microfilming and stated that, if the County has to move every square inch of paper that is currently being archived in this facility, the space will be used for records rather than people.
Mr. Havill discussed the schedule, which indicates that the Property Appraiser and Tax Collector will be moved in June and July, 1995, and stated that these are the busiest months of the year for the Property Appraiser's Office.
Mr. Short stated that he feels the time duration can be shortened on the Old Jail and the Historic Courthouse by a couple of months, which will allow some additional time, and will address Mr. Havill's concerns.
Mr. Short distributed a handout that consisted of the project cost estimate. He stated that the Master Plan numbers before the
Board are exactly what were in the Master Plan booklet. He then discussed the differences in the Schematic Design number, which was due mostly to an increase in fire protection costs. The removal of ceilings in the Round Courthouse will also cause an increase in the General Construction. Mr. Short discussed other areas that have caused increases in the estimate of costs, including the asbestos that was found in the Round Courthouse, and a central plant being constructed to house the mechanical system for all three buildings.
It was noted that the costs did not include furniture, fixtures and equipment, architectural/engineering fees, or other owner costs and expenses, which are estimated to cost approximately 1 - 1 1/2 million dollars.
Mr. Anderson discussed the environmental tests that have indicated that there is asbestos in the Round Courthouse, and stated that it is not of a problem nature.
Commr. Swartz stated that he feels the Board can make one motion to approve the schematic design, basic floor plan layout, the proposed project schedule, and the project cost estimates. He stated the following are reasons for moving forward with the renovations: 1) there are significant American Disability Act (ADA) requirements; 2) the County needs to replace and modernize the system, which will result in significant operational savings; 3) in the Old Courthouse, particularly, there are serious safety code requirements that need to be corrected; 4) renovating the Old Jail is to prepare for the Sheriff and move him out of a significant amount of rental space; 5) preparing space that has long been promised to the Tax Collector, Property Appraiser, and Supervisor of Elections; 6) as the result of the decay and inaccessibility in the Old Museum and Historical Society area, those buildings do not meet any of the current fire, or ADA requirements. Commr. Swartz stated that much of the costs that are included in the estimate would be there whether or not the last two items were done, which were to consolidate the County offices in a
much better way to serve the public, and to provide the necessary space for the future. He stated that approximately $400,000.00 a year will be saved in operational costs.
Commr. Swartz extended his appreciation to Mr. Short for his effort and time he has put into this project, and to Mr. Anderson for overseeing the project.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the schematic design, the basic floor plans, the project schedule, and the cost estimate for the Lake County Government Center, as presented by Mr. Terry Short and Mr. Mike Anderson.
RECESS & REASSEMBLY
At 12:25 p.m., the Chairman announced that the Board would recess for lunch, and reconvene at 2:00 p.m. for the workshop on the Land Development Regulations proposed revisions.
PLANNING & DEVELOPMENT
WORKSHOP - LDR PROPOSED REVISIONS
Ms. Annette Star Lustgarten, County Attorney, stated that this is the first workshop on the proposed draft to the Land Development Regulations (LDRs) dealing with vested rights language set out in the Lake County Comprehensive Plan. She stated that, in the Comprehensive Plan adopted on March 2, 1993, which is the effective Plan as of this date, the County incorporated new vested rights language, which tracked Chapter 163, Florida Statutes, as well as common law vesting standards. The Settlement Agreement does provide that the County will adopt an ordinance by July, 1993, and there may be a need for additional workshops, for clarification purposes. Ms. Lustgarten stated that she would like to go through the material before the Board, which has several options for the Board to consider.
Ms. Lustgarten began reviewing the material beginning with Page II-36, Lot of Record, and explained the following options: Option 1 - Lot Splits Not Included In Lot of Record; Option 2 - Lot
Splits Included In Lot of Record. She stated that, if there was a plat recorded in Plat Book 23, a person will not be required to go through a Lot of Record determination. Ms. Lustgarten stated that the distinction between the two options is that Option 2 includes lot splits and a definition, which would require aggregation, because the Comprehensive Plan requires that lots of record aggregate up to the land use designation in the Comprehensive Plan.
Discussion occurred regarding the definition of lots of record in the Comprehensive Plan. Ms. Lustgarten stated that lots of record have always been defined as lots created by formal recorded documents in the public records. Mr. Tim Hoban, Senior Assistant County Attorney, stated that there are three different ways of getting vesting: statutory, common law, or a lot of record. Ms. Lustgarten stated that, in Chapter 1, lot splits are vested, pursuant to the common law standard.
Commr. Swartz stated that, if the administrative lot splits meet common law vesting, an individual would have certain rights under common law vesting, and therefore, it would be appropriate to let him gain his vesting under common law vesting, and not come under the lot of record, which would be Option 1.
Ms. Lustgarten explained the basis of the common law determination, and stated that, in lot splits, the County requires the dedication of right-of-way, which would be the substantial reliance the County has required from the applicant.
It was the consensus of the Board that Option 1 - Lot Splits Not Included In Lot of Record would be the language used for Lot of Record (Page II-36).
Ms. Lustgarten reviewed Page I-1, Vested Rights Generally, A. Statutes, and B. Common Law.
Commr. Hanson discussed an individual getting approval of the zoning that he has requested, and giving up rights-of-way, which are recorded, and stated that the contract would have been reached
by both parties, and therefore, the County would have an obligation to vest those zonings.
After some discussion, Ms. Lustgarten stated that this issue would be considered and brought back to the Board.
Discussion continued regarding Page I-2, with it being noted that Option 2 should be deleted from Section 1.02.03 Administrative Lot Split. Ms. Lustgarten stated that the Board should strike in its entirety Section 1.02.07 Commercial Zoning - Chapter 7 (Wekiva), on page I-3. She continued by reviewing Section 1.02.08 Construction Plans, and answering questions regarding the vesting for a project based upon construction plans expiring in eighteen (18) months.
Discussion occurred regarding Section 1.02.05 Building Permit, with Mr. Hoban explaining that an individual can always come back under common law, as indicated in Section 1.02.18 Other Projects. It was noted that 18 months and two (2) years have been consistent with what the County has done in the past.
Mr. Greg Beliveau, Land Planning Group, addressed the Board on the projects that have been on hold since the Comprehensive Plan has become effective, and were vested under the old language, and questioned how the time constraint affects them, with Mr. Hoban referring to Section 1.02.18 Other Projects. Mr. Beliveau stated that he feels the 18 months is too short of a period of time to complete the necessary infrastructures, and suggested a period of 2-3 years.
After some discussion, it was noted that language would be developed to indicate that, in the event the applicant is in the permitting stage and documents have been filed for application, an additional 18 month extension shall be provided.
Ms. Cecelia Bonifay, Attorney, addressed the issue of commercial zoning, and stated her concerns for those individuals who have preliminary commercial site plans approved prior to July, 1991.
Mr. Greg Stubbs, One Stop Permitting Center Coordinator/Director of Development Regulation Services, addressed the Board and stated that there are a lot of commercial zoning that does not meet the location criteria in the Comprehensive Plan.
Commr. Hanson discussed those people who have been granted zoning that is not compatible with todays Comprehensive Plan, and how those individuals can be vested without having to go through the complete countywide down zoning. Ms. Lustgarten stated that those individuals would have to follow under other statutory criteria, or the common law criteria, in order to be vested.
Commr. Hanson discussed the commercial zoning that was vested in the Wekiva Basin, and stated that there is some criteria that can be developed, and one of those areas of criteria would be those zonings that were approved with some condition, as in road right-of-way dedication, and which would have been a commitment on the part of the County.
Commr. Hanson questioned why the County was trying to make the area outside of the Wekiva more restrictive than in the Wekiva. She stated that there should be some allowance for some vesting in some of these other types of zonings, and that the County needs to look at whether road right-of-way has been dedicated. Commr. Hanson requested that staff look at this.
At this time, it was noted that Mr. Hoban would bring back options for consideration regarding the issue brought before the Board by Commr. Hanson.
Ms. Lustgarten continued by discussing Page I-5, and indicated that the Board should strike Option 2 in Section 1.02.12 Large Lot Split (Formerly Large Lot Waiver).
Ms. Lustgarten stated that the Board should strike Option 2 in Section 1.02.14 on Page I-6.
Ms. Lustgarten discussed Section 1.02.15 Mobile Homes - Chapter 7 (Wekiva), and stated that the following language needed to be added: "...existing mobile home with the same square footage
as of March 12, 1990,...". After some discussion, it was determined that staff would look at the realities of this situation, in order to determine the correct language.
There were no additional comments, or language, to be discussed in Section 1.02.17 Mixed Use Quality Development (MUQD).
Mr. Pete Wahl, County Manager, questioned Section 1.02.18, A.2. Other Projects, and requested further direction from the Board as to what constitutes "extensive". Ms. Lustgarten explained that this would have to be considered on a case by case basis.
Ms. Bonifay commented that the case law varies so much in this area, and that the more categories staff tries to develop, the more cumbersome and complex the issue will become. She stated that the time frames have been removed from this section, and she did not feel that this is constitutional, and would be a legal challenge.
After some discussion, it was noted that staff would review the need for the time frame for staff to respond to a vesting rights request, and come back with options.
There were no changes to Section 1.02.20 through Section 1.02.25.
Discussion occurred regarding Section 1.02.26 Site Plan - Except Chapter 7 (Wekiva), with Mr. Hoban stating that staff may want to use a Certificate of Completion, and that he would review this. Discussion continued regarding preliminary plats, with Ms. Lustgarten suggesting that, for those preliminary plats that were approved prior to the specified date, staff would provide notice and give the individual a fixed time within which to submit construction plans for approval. She stated that this would be considered as an option. It was noted that proposed language would be considered as follows: 12 months to submit a complete application.
Discussion continued regarding Section 1.02.27 through Section 1.02.29, with no changes being made.
Ms. Lustgarten stated that Page I-10 through Page I-17 contains the existing language that is being deleted, with new language being substituted. She stated that on Page I-18, the language was deleted regarding Adopted Comprehensive Plan.
Ms. Lustgarten stated that Option 2 on Page II-36 will be deleted. On Page II-43 definitions have been added for Non-conforming Development and Non-conforming Signs.
Mr. Hoban addressed Page III-34, Section 3.02.01 Lot of Record, #1 and #2. Ms. Lustgarten addressed #3 and #4, under Lot of Record. Considerable discussion occurred regarding this section. Mr. Stubbs stated the County needs to look at a way to give people the ability to apply for variances.
Ms. Bonnie Roof addressed the Board and stated that lots of record used to be based on ownership patterns.
Commr. Swartz suggested that staff draft proposed language, which would indicate that, if someone was inconsistent with the zoning, which would go back to the old lot of record, and if he was not going to aggregate up to the zoning, he would then have to go before the Board of Adjustment (BOA), or rezone, and try to go for a higher density.
Ms. Lustgarten discussed Page III-35, #5, Suburban and Transitional Land Use Categories, and clarified the meaning of the language.
Mr. Hoban discussed Page III-36, E. Aggregation of Lots, and stated that the 1982 tax roll has been used to aggregate the base and ownership patterns. The only option would be to continue to use the 1982 tax roll, or use the March 2, 1993 Comprehensive Plan date. Mr. Hoban stated that there was a period of time, from June 1, 1992 through February 15, 1993, when the County did not have the aggregation requirement, and from February 15, 1993 through the current time people have aggregated according to the 1982 tax roll.
Mr. Stubbs stated that staff would now have to use the 1991 tax roll, and indicated that he will come back with language to resolve this situation.
Commr. Swartz requested that staff re-draft the amendments to the Land Development Regulations discussed today, and schedule this for another workshop.
RECESS & REASSEMBLY
At 3:53 p.m., the Chairman announced that the Board would take a short break.
PUBLIC HEARINGS/TIMES CERTAIN
WORKSHOP - SOLID WASTE BUDGET
Mr. Pete Wahl, County Manager, stated that the Board would be reviewing the tipping fee and the Solid Waste Management Division FY 1993-94 proposed budget, and the method of allocation, per unit basis, in order to comply with the advertising requirements and first class notices.
Mr. Ron Roche, Director of Solid Waste Management Division,
and Mr. Steve Hiney, Recycling Coordinator, provided the Board members and staff a copy of the Solid Waste Management Division FY '93-'94 Budget Package & Disposal Fee Calculation for review. Mr. Roche began the presentation by discussing the Organization/Responsibility Chart, which consisted of the following divisions: Assessment, Recycling, Disposal Operations, Hazardous Waste, and Transfer Station. A separate Budget Worksheet was prepared for each one, and a worksheet was prepared for the Waste Tire Grant and for Capital Projects. The charts consisted of columns of information in terms of the Gross Need, Other Revenue, System Fees, and Per/$ System Fee, which is the part of the tipping fee it represents.
Discussion occurred regarding the System Fee, in the amount of $85,512.00, indicated in the Recycling Worksheet. It was noted that this was the tipping fee coming from municipal solid waste.
Mr. Hiney discussed how the grant monies are distributed, and explained the $0.604 per ton tipping fee.
After some discussion regarding the County recovering costs from the municipalities for administering grants, Commr. Swartz suggested that the amount be reduced, and a portion of the franchise fee money be moved into this area to cover any difference. Discussion continued regarding other line items within this area of the budget.
Discussion occurred regarding the Hazardous Waste Budget Worksheet, with Mr. Roche stating that $2.41 of the tipping fee supports the hazardous waste program. He further reviewed other line items in this area of the budget. Mr. Roche stated that there would be no impact from tipping fees from the Waste Tire Grant, and a zero impact from tipping fees from Transfer Stations. Mr. Roche discussed the Disposal Operations Budget Worksheet and stated that the tipping fee would be $61.13, and a zero impact from tipping fees from Capital Projects.
The Budget Comparison 92/93 to 93/94 was discussed, with Commr. Swartz requesting that more detailed information be supplied to the Board.
Mr. Jim Stivender, Director of Public Services, and Ms. Claire Bartlett, Manager of Solid Waste Operations, were present to discuss the budgetary information.
Mr. Hiney conceptually explained the difference between the Generation Method and the Per Unit Method. He stated that the Generation Method relies on data that may, or may not, be completely accurate. It relies extensively on a general factor in the corporated areas at 1.03 tons, and also gives a generation factor for the unincorporated area, which may, or may not, be accurate. He then explained the methodology in determining the tipping fee in the amount of $84.15.
Mr. Hiney discussed the Per Unit Method and the methodology used in determining the tipping fee of $84.15; drop-off collection
per home cost of $81.85; and a curbside collection per home cost of $71.91.
Mr. Hiney directed the Board's attention to the Comparative Per/Unit Costs (Generation Basis) and the Comparative Per/Unit Costs (Per/Unit Basis). He stated that, under the Generation Basis, which relies on the 1.03 ton factor from the cities, those households that receive drop-off service would receive a monthly savings of $.36. The individually charged residential (those residents eligible to petition out) would receive an average monthly savings of $4.94 - $7.86.
Mr. Hiney stated that, under the Per/Unit Basis, those households that receive drop-off service would see an average monthly increase of approximately $.65. The individually charged residential would receive an average monthly savings of $3.93 - $6.85.
Mr. Hiney stated that the comparisons are based on an $84.15 per ton tipping fee.
Commr. Cadwell stated that, until the County does the general study, he feels the per/unit basis would be the best and fair direction to take.
Commr. Swartz commented that he is still uncomfortable with the containerized residential information. He discussed the intent of the Board to develop a five year projection, in order to send out the assessment notices.
Ms. Diane Martin, Consultant with Resource Development Group, was present to discuss the time frame for sending out the assessment notices.
A motion was made by Commr. Cadwell, and seconded by Commr. Hanson, to adopt the $84.15 tipping fee; to authorize the special assessment based on the amount of $71.91 per household for those people having collection; $81.85 for those people having drop-off; and to authorize staff to plan a percentage increase
through a five year projection, in order to avoid sending out first class notices every year.
Under discussion, Mr. Wahl stated that projection figures will need to be obtained, in order to form the five year projection.
The Chairman called for a vote on the motion, with the motion being carried unanimously.
PLANNING & DEVELOPMENT/MEETINGS
Mr. Wahl discussed the scheduling of a Land Development Regulations (LDRs) workshop. It was noted that the workshop would be scheduled for the afternoon of July 13, 1993.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:58 p.m.
G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR\BOARDMIN\6-15-93\6-24-93