A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 27, 1984

The Lake County Board of County Commissioners met in special session on Friday, January 27, 1984, at 9:30 a.m. in 'the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.: Claude E. Smoak, Jr.; Thomas J. Windram; and C. A. "Lex" Deems. Others present were: James C. Watkins, Clerk; Christopher C. Ford, County Attorney: and Mary C. Grover, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.

FIRE DISTRICTS-DEPARTMENTS/ELECTIONS

Mr. Joe Stephany, Emergency Services Director, addressed the Board and presented the Board with a proposed ballot question. He discussed the data which was made available from the Tax Assessor's office. He also expressed appreciation to the Tax Assessor's office in cooperating and making the information available.

Mr. Stephany stated that in regards to the referendum, the categories were broken down into smaller groups: Residential; Institutional, Commercial, and Industrial; Agriculture; and Miscellaneous. He briefly explained the following assessment principles:

1. Meet with principles of fairness and equity.

2. Be adequate to carry the job out.

3. Widen the share.

4. Simple and application.

5. Should have elasticity - be able to make adjustments to meet the needs as necessary.

6. Certain.

7. Efficient collection.

8. Convenient to pay.

Mr. Stephany discussed the assessment schedule. He stated that the wording "not to exceed" provides elasticity in the question. He explained that the information compiled on the number of parcels in each category was obtained from the State of Florida records. He further stated that the parcels being discussed were located in the unincorporated areas of the County; none were located in the cities with the exception of the Town of Lady Lake, which is located in a tax supported fire district. Mr. Stephany explained that the total revenue which could be received from the tax would be $1,312,155 maximum.

Mr. Stephany further discussed implementation of the project. He stated that discussion had taken place at previous meetings to amend the Fire District Ordinances and contract with the cities, fire districts and volunteer fire departments. He further stated that he felt it necessary to provide adjustments in allocations to meet priorities. He stated that he would develop a plan and present it to the Board four (4) months after the approval of the referendum.

Discussion occurred regarding placing a minimum assessment on the Institutional, Commercial and Industrial, and Agriculture categories in the ballot question. Mr. Stephany explained that the reason a minimum was placed on these categories was due to the cost for collecting the tax. He stated that the minimum assessment could be adjusted, but he felt a minimum assessment should be included.

Mr. Jim Loflin, Property Appraiser's Office, was present to answer any questions the Board might have. Commr. Carson questioned Mr. Loflin on what would be the estimate of the actual cost, including the appraiser's and tax collector's commissions, of sending out a tax bill. Mr. Loflin stated that he did not have the figures today and that it would take a great deal of study to obtain the figures.

Commr. Windram informed the Board that he had invited Mr. Ed Havill, Property Appraiser, and Mr. T. Keith Hall, Tax Collector, to attend the meeting.

Ml-. Christopher Ford, County Attorney, informed the Board, that should the Tax Assessor and Tax Collector do the work, they both have to give their permission to do the work. He stated that every taxpayer would have to be notified by first class mail informing them of the structure assessment or land assessment which will be made in the future. He further stated that it might be possible for the notification to go out with the proposed tax bill. He also stated that the initial cost would be the major cost and once it is done, it would be an operational cost.

Mr. Joe Davis, County Attorney's Office, addressed the Board and stated that a recent amendment provides for collections of special assessments either using the Property Appraiser or Tax Collector.

He stated that in order to include those special assessments on the trim notices, a Resolution would have to be passed by the Board and adopted at a public hearing. He further stated that a notice of the public hearing would have to be sent to each taxpayer which would be affected by the assessment. He explained that another option would be for the Tax Collector to agree to send out separate bills. He stated that a third option would be for the County to handle the billing.

Mr. Davis stated that the computer in the Property Appraiser's office has been programmed to address whether there is a commercial structure or residential structure on the property. He stated that it does not tell how many structures are on the property. He explained that the data could be obtained from the property cards which are also located in the Property Appraiser's office. He stated that a new program would have to be made in order to place the assessment of each structure on a piece of property on the computer.

Mr. Ford recommended the bills be mailed by the Tax Assessor so that a lien could be placed on the property should the taxes not be paid.

Mr. Glen Rhodes, Michiana Shores, addressed the Board to question what additional services would be provided should the structure tax be approved. Mr. Stephany explained that he plans to build on the existing resources, which would include volunteer fire departments, the special districts, and interested cities, and money would be available for the taxing mechanism to assist them in doing a better job and expanding the current services.

Mr. John Kennedy, Golden Gem, addressed the Board to discuss the economic impact that this tax would have on Lake County. He stated that he supported adequate and properly financed fire protection. He requested the Board to consider the exemption of agricultural land, raw land or undeveloped land.

Commr . Smoak stated that as a property owner, he supported such a tax.

Mr. J. N. Clark, Yalaha, addressed the Board representing the Farm Bureau members involved in agriculture. He stated that he supported comments made by Mr. Kennedy. He further stated that he felt the agricultural lands should be exempted.

Mi-. Clark also stated that he felt the services provided by the Department of Forestry were adequate enough protection for orange groves. He informed the Board that he supported the structure tax for residences: but opposed any type of tax increase for fire protection.

Mrs. Kathy McBride, representing her parents who reside in Okahumpka, addressed the Board in favor of fire protection for the unincorporated areas. She also submitted letters from residents who were also in favor of fire protection.

Mr. Stan Bainter, representing the Lake County Cattleman's Association, addressed the Board and stated the Association was not against fire protection. He further stated he also supported residential structure tax; but was opposed to any charge to the agricultural lands.

Mr. Dan Gordon, Hawthorne-at-Leesburg, addressed the Board to discuss exempting those areas which currently have their own fire protection. Mr. Stephany pointed out to Mr. Gordon that at the last Board meeting, the Board agreed to exempt Hawthorne-at-

Leesburg from the referendum. It was noted that it would be possible to exempt Hawthorne-at-Leesburg from the referendum as there is only one precinct involved.

Mr. Dick Seuffert, Mid-Florida Lakes, appeared before the Board to clarify in which category Mid-Florida Lakes would fit. Discussion occurred regarding the amount which would be charged to residents in Mid-Florida Lakes. Mr. Ford pointed out the assessment would be a maximum of $35 per structure as mobile homes are included in the first category on the ballot question. Discussion occurred regarding the current costs to Mid-Florida Lakes residents for fire protection. Mr. Ford stated that he felt if the tax was approved and Mid-Florida Lakes did contract with the County, then it might be possible to refund a portion of the tax which is received by Mid-Florida Lakes Volunteer Fire Department to the residents in the mobile home park.

Mr. Peter Smith, Yalaha, addressed the Board and questioned if other counties in Florida were in the same situation as Lake County in regards to fire protection. Mr. Mike Willett, Director of Development & Public Works, stated that it was a problem all over the state and then gave a brief summary on the positions of other counties.

Mr. Douglas Harrison, Mayor of the Town of Astatula, addressed the Board and stated that the fire department in Astatula was incorporated. He stated that since the department was incorporated, it enabled them to go outside their boundaries. Mrs. McBride then commended Mr. Harrison for his positive attitude regarding fire protection.

Discussion occurred regarding the ballot question submitted by Mr. Joe Stephany. Commr. Smoak stated that he was not in favor of a minimum $35 agricultural assessment. He further stated he felt that in the Miscellaneous category, a 2c assessment charge instead of the 6c charge would be adequate.

Mr. Bainter questioned if it were possible for the taxation to be done on a millage basis just on the improved rate. Commr. Carson explained that when an ad valorem tax is involved, the homestead exemption would be involved.

Commr. Burhans stated that he felt that under the

Institutional, Commercial and Industrial category, there should be some type of exemption for those processing plants which have adequate fire protection. Mr. Charles Blymyer, Bassville Fire District, stated that the Fire District still responded to several calls in the Industrial category due to false alarms in the sprinkler systems at the businesses.

Discussion occurred regarding the first category on the ballot question, Residential. Mr. Blymyer stated that he felt everyone should not be assessed for the same amount due to the different types of structures that are involved. The Board felt that the Residential category should remain the same as submitted by Mr. Stephany.

The Board discussed the second category, Institutional, Commercial, and Industrial. Discussion occurred regarding the Board reserving the right to exempt those in a commercial or industrial building that have their own fire station and do not want the fire service, provided they meet all the necessary requirements pertaining to fire protection. Mr. Ford stated that he felt the Board could make that exception without placing it on the ballot question.

Discussion occurred regarding the third category, Agriculture.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved that the wording "provided, however, the minimum assessment shall be $35.00" be deleted from the ballot question.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board approved to include the following wording in the ballot question "provided, however, the minimum assessment shall be $5.00".

Commrs. Carson and Smoak voted "NO".

The Board discussed the title "Agriculture". It was noted that all land and/or property was not classified as agricultural. Mr. Ford stated that the wording "all real estate" could be added to the question. Mr. Ford suggested the following for the third category on the ballot question:

3. Real Estate

All real estate shall be assessed not to exceed $.lO per acre.

Another suggestion for the third category was the following:

3. Land Agriculture/Vacant

All agricultural, timber, grazing lands and other agricultural type land and vacant land shall be assessed not to exceed $.lO per acre, provided, however, the minimum assessment shall be $5.00.



Mr. Ford suggested that a new fourth category could be created:

4. Vacant Land

All vacant land not covered above shall be assessed not to exceed $.lO per acre, provided, however, the minimum assessment shall be $5.00.



Mr. Ford stated that he felt if there is a minimum assessment on the third category, then there should be a minimum assessment on the fourth category.

At 1:00 p.m. Commr. Deems and Mr. Watkins excused themselves from the meeting as they had to attend a security meeting with Judge Aulls.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved to rescind the previous action taken on Category #3, Agriculture.

Commr. Smoak made a motion to delete the following wording from Category #3, Agriculture: "provided, however, the minimum assessment shall be $5.00. The motion died for a lack of a second.

Mr. Ford, County Attorney, informed the Board that Mrs. Stegall, Supervisor of Elections, needed to be advised today if there was going to be a question placed upon the ballot.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved the following wording for category #3:

3. Agriculture

All agricultural, timber, grazing lands and other agricultural type land shall be assessed not to exceed $.lO per acre.



Commr. Burhans voted "No".

Discussion continued regarding vacant land, parcels and lots.

The Board discussed creating a new fourth category as follows:

4 . Vacant Land

All vacant land not covered above shall be assessed not to exceed $.lO per acre, provided, however, the minimum assessment shall be $5.00.



The Board felt the minimum should not be eliminated in the fourth category. Commr. Smoak suggested that the Board use a flat fee; for example $2.00 per lot, instead of the $.lO per acre. Mr. Stephany informed the Board that there are approximately 15,001 vacant residential lots located in Lake County.

The Board discussed the possibility of placing the wording "buildable" in the description of the fourth category. Mr. Willett stated that it would be difficult to distinguish between buildable and non buildable lots. Mr. Ford also stated that he felt "buildable" should be eliminated and use the wording "vacant lot or vacant land".

Discussion occurred regarding the third category, Agriculture.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board amended the third category, Agriculture, as follows:

3. Agricultural Lands and Acreage

All agricultural, timber, grazing lands and other agricultural type land and acreage shall be assessed not to exceed $.lO per acre.



On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved to create a new fourth category as follows:

4. Vacant Lots or Parcels

All vacant lots or parcels not identified above shall be assessed not to exceed $5.00 per lot or parcel.



The Board discussed the fifth category, Miscellaneous.

Commr. Smoak made a motion to change the $.06 per square foot to $.02 per square foot.

At this time Commr. Deems and Mr. Watkins rejoined the meeting. Mr. Stephany stated that included in the Miscellaneous category were structures not used for residences; for example, tool sheds, barns, etc. He stated that it did not include greenhouses.

Commr. Smoak withdrew his motion.

It was suggested that the square footage be changed from 200 square feet to 250 square feet.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried unanimously, the Board approved the fifth category, Miscellaneous as follows:

5. Miscellaneous

All other structures not listed above which contain a minimum of 250 square feet shall be assessed $.02 per square foot annually, not to exceed $35.00.



On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized that Mrs. Emogene Stegall, Supervisor of Elections, be informed of the following ballot question, as amended, to be placed on the March Presidential Ballot:

COUNTY REFERENDUM

Do you favor the expansion of fire protection in the

unincorporated areas of the County, funded solely by an assessment on structures and real property?

Assessments would be levied only on structures and real property and the maximum assessments in the unincorporated areas would be as follows:

I. Residential

Each individual residential type structure and residential rental space shall be assessed not to exceed $35.00 annually.



II. Institutional, Commercial, and Industrial

All institutional, commercial and industrial structures shall be assessed not to exceed $.06 per square foot annually, provided, however, the minimum assessment shall be $35.00.



III. Agricultural Land and Acreage

All agricultural, timber, grazing lands and other agricultural type land and acreage shall be assessed not to exceed $.lO per acre.



IV. Vacant Lots or Parcels

All vacant lots or parcels not identified above shall be assessed not to exceed $5.00 per lot or parcel.

V. Miscellaneous

All other structures not listed above which contain a minimum of 250 square feet shall be assessed $.02 per square foot annually, not to exceed $35.00.

Yes No



POLLUTION CONTROL/PUBLIC WORKS/ACCOUNTS ALLOWED

Mr. Michael C. Willett, Director of Development & Public Works, addressed the Board requesting approval to award a contract to open the ditch between Lake Saunders and Lake Dora. He recommended the contract be awarded to Trac Roadbuilders, Inc. in the amount of $19,892.00.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to award the contract to Trac Roadbuilders in the amount of $19,892.00, low bid, in order to open the ditch between Lake Saunders and Lake Dora.

Mr. Willett stated that the funds would come from the Public Works Department budget.

Commr. Windram informed the Board that he, Mike Willett, and Jim Stivender had met with the property owners to discuss the Public Works Department proposal. He stated that the property owners were requesting piping from the blockage to the lake. He further stated that the Department felt that the cost would be too excessive and that the present swails could be used.

FIRE DISTRICTS-DEPARTMENTS/CONTRACTS, LEASES & AGREEMENT

Mr. Joe Davis, County Attorney's Office, addressed the Board regarding the interlocal agreement presented to the cities for their review for extending their boundaries for fire protection in the unincorporated areas. He informed the Board that Astatula, Mascotte, and Minneola currently go outside their municipal boundaries. He stated that he had met with several cities' attorneys regarding the agreement and that some of the attorneys felt that the agreement should include wording limiting the geographical areas in which the cities would go outside of their boundaries and also limit the situations when they would go outside their boundaries.

It was the feeling of the Board that no action be taken until the County receives responses from the cities.

PROPERTY APPRAISER/FIRE DISTRICTS-DEPARTMENTS

Mr. Ed Havill, Property Appraiser, addressed the Board to discuss comments that had been made earlier in the morning in regards to placing additional information on the Property Appraiser's computer system. He stated that it would take approximately 4,000 manhours to put the information into the computer and that he did not have the manpower in his office to input the information into the computer. No action was taken at this time.

COUNTY EMPLOYEES

Commr. Windram addressed the Board to discuss the job description for the County Coordinator. It was noted that the job description basically follows Florida Statute 125.73 pertaining to County Administration.

The Board discussed the deletion of the portion which states the County Coordinator would administer the County's Equal Employment Opportunity Program. The Board directed Mr. Ford, County Attorney, to research if that portion could be deleted from the description.

Mr. Watkins, Clerk, informed the Board that he had copied each Commissioner on a memorandum he had prepared regarding language suggestions for the purposes of clarification. Mr. Watkins pointed out that the Finance Department, the preparation of the County budget, and the budget transfers were the duties of the Clerk as the County's Comptroller. He stated that the Board could designate a budget officer to coordinate with the preparation of the budget. He further stated that the following departments are County Departments, but are under the Clerk's supervision:

Purchasing Department

Insurance

Maintenance Department

County Probation - By order of the Court

DWI - By order of the Court

Law Library - Special Act

Water Authority - Special Act

Historical Society - Special Act

Discussion occurred regarding the title to be used. Mr. Watkins suggested the title be changed from County Coordinator to County Administrator.

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to offer the position of County Administrator to Mr. Michael C. Willett. The Board directed Commr. Windram and Mr. Watkins to meet with Mr. Willett to discuss the job description and report back to the Board at the Board meeting on February 14, 1984.

FAIRGROUNDS

Commr. Burhans informed the Board that there was a possibility of the Fair Association appearing before the Board on February 7, 1984, requesting permission to sell alcoholic beverages at the Lake County Fair. He stated that as he would not be present at the next meeting, he would like to go on record objecting to the request should it be made.

FIRE DISTRICTS-DEPARTMENTS

Mr. Christopher Ford, County Attorney, addressed the Board to discuss changing the tax structure from ad valorem to structure in regards to the Fire Districts. He stated that Mr. Blymyer, Bassville Fire District, informed him that he had spoken with two attorneys and they were of the opinion that the Fire Districts might have the right to keep the ad valorem tax until the voters changed the tax in a special election. He stated that it was his opinion that the tax structure for the Fire Districts could be changed by amending the ordinances.

FIRE DISTRICTS-DEPARTMENTS

Mr. Ford, County Attorney, addressed the Board and stated that Mrs. Stegall, Supervisor of Elections, needed to be notified if any precincts would be exempted in voting for the structure tax.

Commr. Carson made a motion, which was seconded by Commr. Deems to eliminate Precinct 37, Hawthorne-at-Leesburg from voting on the referendum.

Commr. Smoak stated that he felt the precinct should not be exempted without giving opportunity of the residents to voice their opinion on whether they would like to vote on the referendum. He suggested the Board should obtain the input of the Board of Directors and the Homeowner's Association on whether they want to The motion which was made by Commr. Carson, seconded by Commr. Deems, was voted on and carried unanimously.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board authorized Mr. Michael C. Willett, County Administrator pro-tern, to contact the Homeowner's Associations of Hawthorne-at-Leesburg and Mid-Florida Lakes and see if they want to be included in the referendum, and that the County follow the desires expressed by the Homeowners Association.

There being no further business to be brought before the Board, the meeting adjourned at 4:15 p.m.

Glenn C. Burhans, Chairman

James C. Watkins, Clerk

mcg/2-l-84