A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 27, 1985

The Lake Board of County Commissioners met in special session for a Budget Workshop and Public Hearing, June 27, 1985, at 2:00 p.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.; C. A. "Lex" Deems; Claude E. Smoak, Jr.; and Thomas J. Windram, (arriving at 2:13 p.m.). Others present were: Donald Smalt, Director of Administrative Services; Robert L. Wilson, Finance Director; Michael C. Willett, County Administrator; Christopher C. Ford, County Attorney: Bill LeHeup, Budget Analyst, and Toni M. Austin, Secretary.

BUDGETS

Sheriff's Department

Mr. Noel E. Griffin, Jr., Sheriff of Lake County, appeared before the Board to discuss his proposed budget. Sheriff Griffin informed the Board that Tallahassee overestimated his salary in the amount of $457; a 10% raise had been calculated in the proposed budget, which will be adjusted to the percentage in which the Board of County Commissioners approve for their employees; and all of the Correction Officer's salaries were increased to match the deputy sheriff's salaries, which will be over a three year period. At this time the Sheriff discussed mandatory increases in specific line items.

Discussion occurred regarding the proposed budget reflecting a 77% increase and the feasibility of hiring new employees as opposed to paying overtime. It was understood that over one million dollars of the proposed budget was salary related.

Commr. Carson informed the Board that he had spoken to Dr. Fresen, Chief of the Estimating Conference in Tallahassee, stating that the sales tax revenue for Lake County is projected to be $2.640 million dollars, with a $350,000 increase in the Sheriff's revenue sources.

Discussion occurred regarding mandatory requirements of the Sheriff's Department.

At this time Sheriff Griffin stated that he would get in touch with his liaison Commissioner to discuss his problems and figures for his budget.

RECESS & REASSEMBLY

At 2:50 p.m. the Chairman announced that the Board would recess for ten minutes.

PUBLIC HEARINGS

Fire Districts-Fire Departments/Ordinances

At 3:00 p.m. the Chairman announced that the advertised time

had arrived for the public hearings on the proposed Fire Ordinances. It was noted that the proper proofs of publications were on hand as advertised on June 9, 1985, and June 20, 1985, editions of the Orlando Sentinel Lake Little Sentinel.

Mr. Bill Rauch, Fire Commissioner, South Lake Fire District, appeared before the Board and discussed the existing tight budget of the District in the amount of $57,000 and the estimated amount of $26,000 to be recovered from the structure tax. Mr. Rauch stated the following as solutions to handle the continuation of the Fire District:

1. Let South Lake Fire District keep the ad valorem tax base as the present for one or two more years until there are more structures: or



2. Let the County provide the additional $30,000 for the budget from some other County fund with the Fire District helping the County as best they can.



Mr. Michael C. Willett, County Administrator, recommended to the Board the use of funds from the Revenue Sharing Fund, because the other funds, such as General Revenue, are low. He recommended that the County set aside $60,000 for the next two years until the South Lake Fire District can benefit from the structure tax.

Commr. Smoak made a motion to approve the $60,000 funding for the next two years until South Lake Fire District can begin to benefit from the structure tax.

Commr. Windram suggested considering the comments from the audience before any motion was approved for the funding.

At this time Commr. Smoak withdrew his motion.

Mr. Sandy Minkoff, County Attorney's Office, stated that within the existing South Lake Fire District you could leave the ad valorem millage and not impose a structure fee. He stated that he saw no legal problems to leaving the ad valorem tax inside the District and having the structure tax on the outside of the District.

Mr. Willett discussed the mailing of 65,000 letters to all of the property owners in Lake County informing them of the structure tax in which they favored.

Commr. Smoak stated that he hoped that the Board would not approve action discussed regarding making South Lake Fire District the only area in the County that we do not have uniformity and application of terms of the expansion of fire protection. He stated that he felt the County is responsible for the funds, and it should not be through ad valorem taxes.

Commr. Carson discussed the authority of the Board to reduce the millage rate in the South Lake Fire District in order to produce the additional $30,000.

Mr. Larry Lipps, Northwest Fire District, appeared before the Board and suggested that a loan be made by the County to the South Lake Fire District until structures could be built in that area.

At this time Mr. Lipps discussed how the Advisory Boards for the Districts would work with the County Commissioners and the duties of the fire commissioners.

No one present wished to discuss the Paisley Fire District proposed ordinance.

No one present wished to discuss the Mt. Plymouth Fire District proposed ordinance.

No one present wished to discuss the Pasco Fire Control District proposed ordinance.

No one present wished to discuss the ordinance creating a Municipal Service Taxing Unit in parts of the Unincorporated areas of Lake County.

Mr. Charlie Blymeyer appeared before the Board and questioned the relief that the County has if there was a lawsuit pending regarding the structure tax.

Mr. Ford stated that he felt that the ad valorem tax could

be reinstated to fund the districts, but that the ordinances are so worded with safety provisions.

Mr. Sam Carroll, Dona Vista Volunteer Fire Department, appeared before the Board and informed the Board that the Department has purchased a tanker and gear.

Mr. Chuck Sowers, Fire Coordinator, appeared before the Board to discuss the problem in the South Lake Fire District. He stated that he was aware of the potential loss of revenue in the District and the request for them to take on an additional area with a sub-station. Mr. Sowers requested that the Board consider some way of subsidizing the South Lake Fire District.

Commr. Deems made a motion, which was seconded by Commr. Smoak for the County to subsidize the South Lake Fire District with $30,000 of additional funds from Revenue Sharing.

Discussion occurred regarding which fund should subsidize the amount involved, and clarifying the fact that the County is making this a one-time occurrence.

Commr. Carson stated that he was in opposition of using Revenue Sharing Funds for any use other than past Board policy, which was for one-time capital expenditure. He stated that the Revenue Sharing Funds are available for the entire county, and that the subsidy would be taking money from an area in which it has been committed.

Commr. Windram stated that he did not want to see a door opened for the funds, but could recognize the efforts made by the South Lake Fire District and would support them.

Mr. Willett stated that he would research other types of funding even if the County had to help the District get a loan and pay it back.

Commr. Windram stated that he had no problem with the motion if it states that the County makes a commitment to provide the $30,000 to the South Lake Fire District and leave open the source of funding.

At this time the Chairman called for the question and the motion was carried with Commr. Carson voting "no".

Mr. Minkoff stated that the proposed ordinances have basically two changes as follows:

1. To change the governing body of each of the districts from what previously was the Board of Fire Control Commissioners to the Board of County Commissioners, and



2. The changing of the method of providing funds from the ad valorem to the structure fee which was approved on referendum.



On a motion by Commr. Windram, seconded by Commr. Carson and carried, the Board approved an Ordinance to Amend Lake County Ordinance 1980-4 with reference to the Bassville Fire District. Commr. Deems was not present for the vote.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved to place the following ordinance on the floor for its first and final reading by title only and adopted Ordinance 1985-7:

AN ORDINANCE TO AMEND LAKE COUNTY ORDINANCE 1980-4 WITH REFERENCE TO THE BASSVILLE FIRE DISTRICT; PROVIDING THAT THE BASSVILLE FIRE DISTRICT SHALL BE GOVERNED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA: PROVIDING FOR SPECIAL ASSESSMENTS FOR FIRE PROTECTION IN LIEU OF AD VALORUM TAXATION; PROVIDING A PROCEDURE FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FIRE PROTECTION; AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 2.06 and 2.07 TO CREATE THE BASSVILLE FIRE DISTRICT ADVISORY BOARD WHICH SHALL BE A CITIZEN BOARD TO ADVISE THE BOARD OF COUNTY COMMISSIONERS IN THE OPERATION OF THE BASSVILLE FIRE DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.

Commr. Deems was not present for the vote.

On a motion by Commr. Carson, seconded by Commr. Windram and carried, the Board approved the Ordinance to Amend Lake County Ordinance 1980-3 with reference to the Northwest Lake County Fire District.

Commr . Deems was not present for the vote.

On a motion by Commr. Windram, seconded by Commr. Smoak and carried, the Board approved to place the following ordinance on the floor for its first and final reading by title only and adopted Ordinance 1985-8:

AN ORDINANCE TO AMEND LAKE COUNTY ORDINANCE 1980-3 WITH REFERENCE TO THE NORTHWEST LAKE COUNTY FIRE DISTRICT; PROVIDING THAT THE NORTHWEST LAKE COUNTY FIRE DISTRICT SHALL BE GOVERNED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA: PROVIDING FOR SPECIAL ASSESSMENTS FOR FIRE PROTECTION IN LIEU OF AD VALORUM TAXATION; PROVIDING A PROCEDURE FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FIRE PROTECTION; AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 2.06 and 2.07 TO CREATE THE NORTHWEST LAKE COUNTY FIRE DISTRICT ADVISORY BOARD WHICH SHALL BE A CITIZEN BOARD TO ADVISE THE BOARD OF COUNTY COMMISSIONERS IN THE OPERATION Q? THE NORTHWEST LAKE COUNTY FIRE DISTRICT: PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.



Commr . Deems was not present for the vote.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried, the Board approved the Ordinance to Amend Lake County Ordinance 1980-2 with reference to the Paisley Fire District.

Commr. Deems was not present for the vote.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading by title only and adopted Ordinance 1985-9:

AN ORDINANCE TO AMEND LAKE COUNTY ORDINANCE 1980-2 WITH REFERENCE TO THE PAISLEY FIRE DISTRICT: PROVIDING THAT THE PAISLEY FIRE DISTRICT SHALL BE GOVERNED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR SPECIAL ASSESSMENTS FOR FIRE PROTECTION IN LIEU OF AD VALORUM TAXATION: PROVIDING A PROCEDURE FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FIRE PROTECTION; AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 2.06 and 2.07 TO CREATE THE PAISLEY FIRE DISTRICT ADVISORY BOARD WHICH SHALL BE A CITIZEN BOARD TO ADVISE THE BOARD OF COUNTY COMMISSIONERS IN THE OPERATION OF THE PAISLEY FIRE DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.



On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved an Ordinance to Amend Lake County Ordinance 1980-l with reference to the Mt. Plymouth Fire District.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading by title only and adopted Ordinance 1985-10:

AN ORDINANCE TO AMEND LAKE COUNTY ORDINANCE 1980-l WITH REFERENCE TO THE MT. PLYMOUTH FIRE DISTRICT; PROVIDING THAT THE MT. PLYMOUTH FIRE DISTRICT SHALL BE GOVERNED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR SPECIAL ASSESSMENTS FOR FIRE PROTECTION IN LIEU OF AD VALORUM TAXATION; PROVIDING A PROCEDURE FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FIRE PROTECTION; AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 2.06 and 2.07 TO CREATE THE MT. PLYMOUTH FIRE DISTRICT ADVISORY BOARD WHICH SHALL BE A CITIZEN BOARD TO ADVISE THE BOARD OF COUNTY COMMISSIONERS IN THE OPERATION OF THE MT. PLYMOUTH FIRE DISTRICT; PROVIDING AN EFFECTIVE DATE: PROVIDING A SEVERANCE CLAUSE.



On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved an Ordinance to Amend Lake County Ordinance 1979-8 with reference to the Pasco Fire Control District.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading by title only and adopted Ordinance 1985-11:

AN ORDINANCE TO AMEND LAKE COUNTY ORDINANCE 1979-8 WITH REFERENCE 'TO THE PASCO FIRE CONTROL DISTRICT; PROVIDING THAT THE PASCO FIRE CONTROL DISTRICT SHALL BE GOVERNED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA: PROVIDING FOR SPECIAL ASSESSMENTS FOR FIRE PROTECTION IN LIEU OF AD VALORUM TAXATION; PROVIDING A PROCEDURE FOR 'THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FIRE PROTECTION: AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 2.06 and 2.07 TO CREATE THE PASCO FIRE CONTROL DISTRICT ADVISORY BOARD WHICH SHALL BE A CITIZEN BOARD TO ADVISE THE BOARD OF COUNTY COMMISSIONERS IN THE OPERATION OF THE PASCO FIRE CONTROL DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.



On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved an Ordinance to Amend Lake County Ordinance 1980-5 with reference to the South Lake Fire Control District.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading by title only and adopted Ordinance 1985-12:

AN ORDINANCE To AMEND LAKE COUNTY ORDINANCE 1980-5 WITH REFERENCE TO THE SOUTH LAKE FIRE CONTROL DISTRICT; PROVIDING THAT THE SOUTH LAKE FIRE CONTROL DISTRICT SHALL BE GOVERNED BY THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; PROVIDING FOR SPECIAL ASSESSMENTS FOR FIRE PROTECTION IN LIEU OF AD VALORUM TAXATION: PROVIDING A PROCEDURE FOR THE LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FIRE PROTECTION; AMENDING SECTIONS 2.01, 2.02, 2.03, 2.04, 2.05, 2.06 and 2.07 TO CREATE THE SOUTH LAKE FIRE CONTROL DISTRICT ADVISORY BOARD WHICH SHALL BE A CITIZEN BOARD TO ADVISE THE BOARD OF COUNTY COMMISSIONERS IN THE OPERATION OF THE SOUTH LAKE FIRE CONTROL DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE.



On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved to place the following ordinance on the floor for its first and final reading by title only:

AN ORDINANCE CREATING A MUNICIPAL SERVICE TAXING UNIT IN PARTS OF THE UNINCORPORATED AREAS OF LAKE COUNTY THAT ARE NOT PRESENTLY IN THE NORTHWEST, BASSVILLE, PAISLEY, MT. PLYMOUTH, PASCO, OR SOUTH LAKE FIRE DISTRICTS; PROVIDING THAT THE PURPOSE OF SUCH MUNICIPAL SERVICE TAXING UNIT IS TO PROVIDE FUNDS FOR FIRE PROTECTION PURSUANT TO FLORIDA STATUTE 125.01(g); PROVIDING FOR FUNDS TO BE GENERATED FOR FIRE PROTECTION PURPOSES WITHIN SAID UNIT THROUGH THE LEVY OF SPECIAL ASSESSMENTS ON TAXABLE PROPERTY WITHIN SAID UNIT; PROVIDING PROCEDURES FOR THE LEVY OF SUCH SPECIAL ASSESSMENTS; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board adopted Ordinance 1985-13, as read on its first and final reading by title only.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved and adopted a resolution reappointing the existing fire district commissioners in all districts and to continue the authority of the fire district commissioners to do business as they have previously until October 1, 1985, and in the meantime the County Fire Coordinator and the Administrative staff work with the districts in developing guidelines for future operations.

ZONING

Commr. Smoak discussed a problem in the south end of the County regarding a CUP in the name of Clairview Corporation. He stated that he had reviewed the problem with Paulette Muller, Director of Pollution Control, and Chris Ford, County Attorney, and requested some direction from Mr. Ford in addressing the problem.

Mr. Ford informed the Board that the development is on Lake Minneola, and the petitioner was the one who requested that the road be changed. He stated that they have done substantial development work in the marshlands and expanded the existing canal system. He stated that all of this was in violation of the CUP, Federal laws, and State laws. He suggested that the County revoke the CUP, which take public hearings to accomplish, or secondly, go to court to have them cease the work and get them to restore the area in which they have destroyed in the wetlands which were not to be touched without permits. He suggested that this be scheduled to discuss at a regular meeting on a Tuesday so that full staff can be made available after reviewing the problem.

At this time Commr. Smoak reviewed the conditions of the CUP regarding an environmental impact study that would be required. He stated that it was his feelings that the Board should go on record that should the development start again, the County will take whatever proper actions are necessary to have it stopped. The Board scheduled a hearing for discussion July 2, 1985, at 3:30 p.m.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board instructed the staff to begin the revocation process and authorize advertising for the public hearings before the Planning and Zoning Commission and the Board of County Commissioners, but that the revocation of the CUP not be filed prior to next Tuesday afternoon unless it has to be filed prior to that to meet the deadline.

PUBLIC WORKS

Mr. Willett discussed a problem at Shanandoah Mobile Home Park. He stated that Florida Power cut off the electricity because of non payment of bills. He further stated that he discussed the matter with Florida Power and that the owner has been collecting maintenance fees and has not been paying his bills. He agreed to turn the power back on until Monday at noon if the property owners would come in and put a deposit in with him and he would not charge them for the previous bills of the developer. He stated that this is not a County problem, and he suggested that they contact the State Attorney's office for help, or a private attorney.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:45 p.m.

GLENN C. BURHANS, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMA/7-9-85