The Lake County Board of County Commissioners met in regular session on Tuesday, May 1, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Thomas J. Windram; Richard Swartz; and Don Bailey. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, County Manager's Assistant; James C. Watkins, Clerk; Robert F. McKee, Chief Deputy Clerk; and Linda Springston, Deputy Clerk.

Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Windram.

MINUTES

Concerning the Minutes of April 10, 1990, Commr. Bailey stated that, on Page 16, line 9, Hohman should be spelled Homan.

Commr. Swartz noted that, on Page 18, line 18, the fourth word should read modification.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of April 10, 1990, as corrected.

COUNTY EMPLOYEES/PERSONNEL

Commr. Bakich presented Mr. Kim Daugherty, Equipment Operator III, Public Works, with the Employee of the Month plaque and savings bond for the month of March.

Commr. Bakich presented Ms. Vallie McLean, Training Specialist II, Private Industry Council, with a plaque for 10 years of service to the County, which was accepted by Ms. Robbie Baird, Private Industry Council.

Commr. Bakich presented the following employees with plaques for 5 years of service to the County:

Ms. Karen B. Bowerman, Assistant Fire Service Coordinator, Fire Protection (accepted by Mr. Lonnie Strickland, Director of Health and General Services)

Mr. Dennis L. Warren, Assistant Area Maintenance Supervisor, Public Works

CLERK OF COURTS CONSENT AGENDA

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the following:

Accounts Allowed

Payment of Warrant No. 119750 through Warrant No. 120369 for the following accounts:

General Revenue Paisley Fire District

Landfills South Lake Fire District

Northwest Fire District County Transportation Trust

Mosquito Control Countywide Library

Private Industry Council Countywide Fire District

Revenue Sharing Fine & Forfeiture

Aquatic Weed Mt. Plymouth Fire District

Bassville Fire District Pasco Fire District

Land Emergency 911 Fund

Capital Outlay Section 8

Self Insurer's Fund Law Library

Accounts Allowed/Courts-Judges

Satisfaction of Judgment for Robert Lee Shaffer, Juvenile, Robert Shaffer and Eileen Shaffer, Parents, Case Nos. 90-183-CJ and 90-184-CJ, in the amount of $50.00.

Accounts Allowed/Reports

Acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending March 30, 1990, in the amount of $135,575.69.

Contracts, Leases & Agreements/Municipalities/State Agencies

Acknowledged receipt of the Modification to Interagency Agreement between the City of Eustis and the State of Florida, Commission on Human Relations, for filing in accordance with Florida Statute 163.01(11), sent April 2, 1990.

CLERK'S OTHER BUSINESS

ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request from Sheriff Knupp for transfer of funds from the Law Enforcement Trust Fund, in the total amount of $1,049.40.

PROPERTY APPRAISER'S AGENDA

PROPERTY APPRAISER

Mr. Ed Havill, Property Appraiser, appeared before the Board to discuss the request for authorization for automatic renewal of total exemption applicable to organizations. He stated that, those who apply for Homestead Exemption have automatic renewal until there is a change of ownership, and the Property Appraiser's Office would like to provide this benefit of automatic renewal to organizations such as, Kiwanis, Rotary, Churches, etc.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for authorization for automatic renewal of total exemption applicable to organizations.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following:

County Employees/Personnel

Request for approval of and signature on Certificates for employees with one year of service.

County Employees/Personnel

Request for approval of and signature on Certificates for employees with three years of service.

Bonds/Contracts, Leases & Agreements/Communications

Request from Cablevision of Central Florida to substitute a $25,000.00 bond from Chubb Insurance with a $25,000.00 bond from American International Group.

Accounts Allowed/Contracts, Leases & Agreements

Environmental Services

Request for authorization to encumber funds and execute a contract with Camp, Dresser and McKee, Inc., for the preparation of a Stormwater Management Master Plan Needs Assessment, at a not to exceed cost of $94,000.00.

Accounts Allowed/Contracts, Leases & Agreements

Fire Protection/Municipalities

Request for acceptance of and signatures on the Agreement between Lake County and the City of Mascotte, whereby the City will provide fire protection to certain unincorporated portions of the County from October 1, 1989 through September 30, 1990, for $12,000.00.

Accounts Allowed/Health Department

Request for acknowledgement of the increase of funds to the Lake County Public Health Unit, in the amount of $6,701.00, for the WIC and Radiological Health Programs.

Appointments-Resignations/Committees/Public Health

Request for the appointment of Ms. Jerri Blair to the District III Alcohol, Drug Abuse, and Mental Health Council, and to acknowledge the resignation of Mr. Lonnie Strickland from same.

Planning & Development/Subdivisions

Request for preliminary plat approval of Tuskawilla Estates.

Bonds - Mobile Home

Request for Susan Korem, West Eustis area, District #5, to live in a mobile home on the same piece of property on which her conventional dwelling unit is being built, subject to the proper bonds being posted and with the understanding that the mobile home will be removed upon the completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.

Accounts Allowed/Roads-County & State/Subdivisions

Request for final approval of Apshawa Acres; acceptance of an Irrevocable Letter of Credit, in the amount of $10,400.00 for maintenance; and acceptance of the following roads into the County Maintenance System: Whisperwind Drive (3-2039A), Kanuba Court (3-2039), and Tuscarora Court (3-2039B).

Municipalities/Roads-County & State

Request to close Donnelly Street from 7th Avenue South to 3rd Avenue, and 9th Avenue from Baker Street West to Alexander Street, from 6:00 a.m., Saturday, February 2, 1991, to 6:00 p.m., Sunday, February 3, 1991, for the purpose of celebrating the 17th Annual Arts Festival in Mt. Dora.

Deeds/Subdivisions

Request to release the following Murphy Act Deed Reservation:

Lynn M. Griffith, f/k/a Lynn M. Goding, No. 2759, Mt. Plymouth Subdivision

Deeds/Right-of-Ways, Roads & Easements

Request to accept the following Right-of-Way Deeds:

For Road Projects:

Louise D. Caldwell Peru Road #5-7961

For Lot Approval:

Barbara Szubski Lake Seneca #4-6084 & 44A

Harold Wideman & Robert Povey

c/o Ken Savage, Remax Fifth Ave. Thrill Hill Road #4-6280

Arthur J. Biggers Sunnyside Drive #1-4122

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER/JAILS/RESOLUTIONS

Mr. Alan A. Thelen, County Manager, informed the Board that, concerning the operation of the Jail, there have been 43 applicants received for that position, and that position will be closing on the 10th of May, with it to be filled by July.

Ms. Annette Star Lustgarten, County Attorney, noted that on Line 24 of the Resolution, "as of 12:01 a.m., Wednesday, May 16, 1990" should be added for clarification, at the end of the designation.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request for the Resolution appointing the County Manager as the Chief Correctional Officer of Lake County, as amended.

CONTRACTS, LEASES & AGREEMENTS/JAILS/MUNICIPALITIES

Mr. Alan A. Thelen, County Manager, discussed the Interlocal Agreement between Lake County and the City of Tavares, permitting Lake County to monitor, inspect and issue permits for the Criminal Justice Facility project.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for final approval of the Interlocal Agreement between Lake County and the City of Tavares, permitting Lake County to monitor, inspect and issue permits for the Criminal Justice Facility project.

CONTRACTS, LEASES & AGREEMENTS/OUTDOOR RECREATION/WATER

AUTHORITY

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the Interlocal Agreement between Lake County and the Water Authority, relating to boat ramp improvements at Marsh Park, Singletary Park, and Tavares Recreation Park.

PUBLIC HEALTH/RESOLUTIONS

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request from Health and Rehabilitative Services for a Proclamation declaring May 8, 1990, as "Foster Parents' Day".

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COMMITTEES

ENVIRONMENTAL SERVICES

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to negotiate and execute a contract and encumber funds, in an approximate amount of $15,000.00, for recycling graphics services with The Design Group, which was the contractor selected by the Recycling Graphics Contractor Selection Committee.

COMMITTEES/ROADS-COUNTY & STATE/SUBDIVISIONS/ZONING

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request from Pops Grove Subdivision to waive the requirements imposed by the Planning and Zoning Commission directing the paving of a road.

Commr. Bailey stated that, he would like the County to make some changes to the Zoning Ordinance, as presently written, as it concerns large lot waivers.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the request from Pops Grove Subdivision to waive the requirements imposed by the Planning and Zoning Commission requiring the paving of a road.

Commr. Swartz and Commr. Bakich voted "No".

COMMITTEES/SUBDIVISIONS/ZONING

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request from Scott Wilt for an appeal of the conditions imposed by the Planning and Zoning Commission, for Bahata Groves Planned Unit Development (PUD) Preliminary Subdivision Plan. He stated that, the applicant was appealing the condition requiring the applicant to extend right-of-way to the south and west property lines for connection with an abutting PUD (Gatwick II). The applicant is also appealing the requirement to provide a traffic impact analysis; provide a prorata contribution toward an independent traffic analysis on this and other projects within the Wekiva River Basin; and to provide a prorata contribution toward the construction of all site improvements identified in the analysis to maintain an acceptable level of service.

Mr. Scott Wilt, Attorney representing Bahata Groves, appeared before the Board and stated that he has an additional item to include in the appeal of the conditions, and that if the Board accepts the staff recommendation of approval for the removal of the above stated conditions, he would reserve comments at this time.

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board and discussed the staff recommendations as stated above.

Considerable discussion occurred regarding the decision to connect or not connect the two subdivisions.

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that his department reviews all subdivisions concerning the possibility of interconnection. He stated that when Gatwick II was first reviewed, the Planning and Zoning Commission denied the interconnection. At this time, there are no longer several connections which could be interconnected, because the access is no longer available. He added that, concerning the Transportation Study, the other subdivisions in the area were approved without that study.

Ms. Cecelia Bonifay, Attorney, stated that the Transportation Study was not required for the other developments that she was involved with, and feels that the Board should not impose the study on Bahata Groves in the sense of equity.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board approved the request from Scott Wilt for an appeal of the two conditions imposed by the Planning and Zoning Commission for Bahata Groves PUD Preliminary Subdivision Plan, as stated above.

Commr. Swartz voted "No".

Mr. Wilt discussed another concern, the requirement for the installation of a fire hydrant system within the development if it has 19 or more lots with an average lot size of 30,000 square feet or less. He stated that the Bahata Groves PUD's smallest lot is 33,000 square feet, and he feels that the fire hydrant requirement was erroneously placed. He further stated that, he would like to have that requirement clarified in the County's records.

Ms. Annette Star Lustgarten, County Attorney, stated that it was a scrivener's error and the County will need to record a corrected PUD Ordinance.

Mr. Swanson noted that, Development Coordination has already taken steps to correct that error.

Ms. Bonifay requested the record to reflect that the same error be corrected for the Gatwick II PUD and the Ups and Downs PUD, because they also have lots under the required size for fire hydrants.

COMMITTEES/SUBDIVISIONS/ZONING

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request from Steven J. Richey for an appeal of the Planning and Zoning Commission's denial of Quail Pointe Subdivision, and the approval of the subdivision as submitted to the Planning and Zoning Commission. He stated that the subdivision was originally presented to the Planning and Zoning Commission with two access points onto Radio Road. The Planning and Zoning Commission requested the applicant to resubmit the request with only one access point. He further stated that, the applicant wishes to have that request removed and for the Board to consider the request as originally presented.

Mr. Steve Richey, Attorney representing the applicant, appeared before the Board to discuss the request, and stated that, at the Planning and Zoning Commission's meeting the Public Works Department had stated that they had no problem with the two entrances. He added that, he was unaware of the specific reason behind the Planning and Zoning Commission's decision.

Commr. Swartz stated that, the Planning and Zoning Commission was concerned with the location of the road, and the traffic that would be generated on Radio Road.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried, the Board approved the request from Steven J. Richey for an appeal of the Planning and Zoning Commission's denial of Quail Pointe Subdivision, and approved the subdivision as originally submitted to the Planning and Zoning Commission.

Commr. Swartz voted "No".

COMMITTEES/SUBDIVISIONS/ZONING

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request from Ted Wicks Consulting Services for an appeal of the Planning and Zoning Commission's denial of Pretty Lake Subdivision PUD, and the approval of the PUD as presented to the Planning and Zoning Commission. He stated that the PUD called for 12,500 square foot lots.

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board and stated that, when the PUD first came through it was approved for one unit per acre lots, and the Planning and Zoning Commission had a problem with the smaller lots.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request from Ted Wicks Consulting Services for an appeal of the Planning and Zoning Commission's denial of Pretty Lake Subdivision PUD, and approval of the PUD as presented to the Planning and Zoning Commission and the Board of County Commissioners.

ACCOUNTS ALLOWED/ASSESSMENTS/BIDS/SUBDIVISIONS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids for Special Assessment Project SA-69, in the Shockley Heights (Ocala Forest Campsites No. 4) Subdivision, at an estimated cost of $287,000.00. He also discussed the County's policy on withdrawing petitions. He stated that, he has received three requests to withdraw petitions, and since the publication of the agenda, two of those requests have been reversed. He noted that, in the past, the policy has been not to permit reversal and allow the withdrawals to proceed.

Ms. Annette Star Lustgarten, County Attorney, stated that there is a County road policy that was adopted by Resolution by the prior Board that sets out the procedure for this type of assessment (Shared Assessment). She further stated that, there is no provision in that policy regarding the return of petitions once that process has begun. It is the Board's decision whether to permit the return of petitions once the special assessment process has been initiated, and that process has been started by Public Works.

Commr. Bakich stated that, the Board should adhere to past practices as stated by Mr. Stivender.

Ms. Lustgarten reminded the Board that, even if there were no petitions process for special assessment, the Board has the authority, pursuant to state statute and the County code, to mandatorily impose special assessments on any improvements within the County regarding paving. She added that, any objections to that special assessment would be raised at a public hearing for such.

Mr. Stivender stated that, presently, they are requested to advertise for bids for the entire project, which will be done on an individual road basis, and until that is accomplished, he is unsure of what roads will be included in the special assessment.

Mr. Alan A. Thelen, County Manager, stated that, the Public Works Department could provide the Board with an amendment to that policy for clarification, and that the Board could proceed with the special assessment at this time.

It was the consensus of the Board to allow for an amendment to the special assessment policy as it concerns petitions.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the request to advertise for bids for Special Assessment Project SA-69, in the Shockley Heights (Ocala Forest Campsites No. 4) Subdivision, at an estimated cost of $287,000.00.

It was noted that, Mr. Bob Vipperman, a resident of the area, appeared before the Board and stated that, the public was told that they would not be able to speak on the issue at this time, therefore, they are not prepared for a presentation and did not wish the Board to allow public address of the issue.

COMMITTEES/ENVIRONMENTAL SERVICES/ORDINANCES/WATER RESOURCES

Mr. Steve Adams, The Land Planning Group, Chairman of the Wetlands Committee, appeared before the Board to update them on the achievements of the Wetlands Committee, concerning the Wetlands Ordinance. He stated that, previously, the Board had been presented with a draft of the Ordinance and Planning Guidelines. At that time, the Board had indicated a willingness to organize a Citizens Committee to review the Ordinance and comment. He added that, the Committee is approximately 60 percent through its review of the Ordinance and comments on such. He noted that, presently they are obtaining comments from outside groups (environmental and conservation).

Mr. Adams stated that, it is a Permit Ordinance, whereby a permit will be granted by the County for alteration of wetlands. There are different classifications of permitting within the Ordinance, such as, a general type permit for alteration of wetlands of a minor nature, and more major alterations, such as, mitigation or compensation. For the agriculture and silviculture communities, the approach is to provide a Notice of Intent whereby a bonafide agricultural operation will be required to submit a notice to conduct the operation, and provide backup permits of the regulatory agencies, if required. If, upon inspection by County staff, it is found that best management practices are not used, or it is an operation that is a predevelopment type operation, those operations will be shut down and a full permit review will be initiated.

Mr. Adams stated that, the Planning Guidelines is a guide outlining how the Ordinance is to be used.

Mr. Adams noted that, the next step of the Committee, is to receive all available comments from outside groups, and to review the Ordinance a final time, then the Committee will bring it before the Board of County Commissioners, which should be sometime during the summer.

Commr. Bakich questioned what the indications are of the possible loss of wetlands within the County. To which Mr. Adams responded that, the Committee has not focused on that aspect.

Commr. Bakich questioned whether this Ordinance would give the County the ability to create a no net loss mitigation process. To which Mr. Adams responded that, that statement is correct the way the Ordinance is presently written.

Mr. Adams stated that, there has been a tremendous amount of input by the agricultural and silvicultural communities. They have also had active participation by the local government and regulatory organizations.

Mr. Adams noted that, they have addressed muck farms, which is the most notable type of agricultural activity in this County, and have determined that, for any future muck farms, a full permit would be required, not just a Notice of Intent.

Commr. Gregg noted that the U.S. Army, Corps of Engineers, has made a new interpretation concerning their involvement in wetlands, which in prior circumstances had been in relation to Interstate Commerce, and that they will be taking a more active role in any alteration of wetlands. He added that, since the President's "No Net Loss Policy" has been announced, other Federal agencies will also be involved in such alterations. He questioned whether the Committee has reviewed the involvement of these other agencies, in order to ensure that services are not duplicated. To which Mr. Adams responded that, they have made efforts to ensure that all applications would mirror the St. Johns River Water Management District's, the Department of Environmental Regulation's, and the Corps of Engineers permit guidelines.

Mr. Adams stated that this permit process is intended to provide "one stop permitting at a local level", therefore, the County's permit application is similar to the above mentioned regulatory agencies permit.

Commr. Bakich questioned whether there were any provisions being made for the treatment of the water around the newly proposed muck farms. To which Mr. Adams responded that, in the review criteria for wetlands around muck farms, there is a water quality function for which those wetlands serve, and the Ordinance states that water quality cannot be created.

Commr. Bailey questioned how the Ordinance addresses the maintenance of small surface ponds and new ponds. To which Mr. Adams responded that, the maintenance of the existing policy would not be acceptable, and would need to be brought into compliance under the Soil Conservation Service (SCS) Plan and followed. Mr. Adams added that, for future farming operations in the County, the agricultural Notice of Intent filed by the individual landowners, would also be filed with a St. Johns River Water Management District Permit, listing applicable water structures on site.

Commr. Gregg requested staff to prepare an outline for the Board concerning the involvement of the various agencies, such as the Department of Regulations, St. Johns River Water Management District, and the Army Corps of Engineers, noting their criteria.

At this time, the Commr. Bakich thanked Mr. Adams for his presentation.

No action was necessary.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request to advertise for bids for a Countywide Road Safety Program, Project No. 11-90, at an estimated cost of $139,526.00. He stated that, this project involves putting thermoplastic striping and buttons on all road projects involving 24 foot wide roads and intersections, in order to bring most of the County's major roads to a higher level of safety.

On a motion by Commr. Windram, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise for bids for a Countywide Road Safety Program, Project No. 11-90, at an estimated cost of $139,526.00.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to reject bid #045-070-090, and to rebid for three utility vehicles, four door, with four wheel drive.

BIDS/OUTDOOR RECREATION/WATER AUTHORITY

Mr. Jim Stivender, Director of Public Works, appeared before the Board to discuss the request for authorization to reject bids R-2 and R-3 for improvements to Marsh Park, since there was only one bidder to respond, and that bid was higher than a prior bid which was obtained and rejected in February. It was the feeling of Water Authority to combine this project with the Tavares Recreational Park and Singletary Park projects, for which Mr. Stivender agreed.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request to reject bids R-2 and R-3 for improvements to Marsh Park.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

On a motion by Commr. Windram, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to award C-44A Resurfacing Project No. 7-90, to Orlando Paving Co., at a cost of $148,015.80, and to authorize the proper signatures on the agreement.

COMMITTEES/ORDINANCES

Commr. Bakich announced that the time had arrived for the Public Hearing scheduled at 10:30 a.m. for the proposed Ordinance amending the Tourist Development Council (TDC) Ordinance.

Commr. Bailey stated that, the amended TDC ordinance will allow more power to the Council.

Ms. Annette Star Lustgarten, County Attorney, stated that the existing TDC code provisions limit the parameters under which the TDC tax revenue can be expended. The proposed amendment deletes the limited parameters and follows the state statute concerning the permitted uses for which tourist development taxes can be used. The amended Ordinance broadens the power of the TDC to expend funds for a variety of uses, including, promotion, establishment of tourist development facilities, convention centers, multi-purpose buildings, recreational facilities, and the employment of staff.

Mr. Ellison Ketchum and Mr. Bob Zahradnik, of the TDC, appeared before the Board to comment on the Ordinance and urged the Board to adopt it as amended.

It was noted that the proper proof of publication was on hand as it appeared in The Orlando Sentinel, The Lake Sentinel.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved and adopted Ordinance 1990-7, amending the TDC Ordinance, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY AMENDING CHAPTER 13, LAKE COUNTY CODE, ARTICLE III, TOURIST DEVELOPMENT TAX; PROVIDING FOR AMENDMENT TO SECTION 13-47, USE OF FUNDS; TOURIST DEVELOPMENT PLAN, BY EXPANDING THE USES FOR WHICH TOURIST DEVELOPMENT TAX REVENUES MAY BE EXPENDED; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

COUNTY ATTORNEY MATTERS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the agreement with the City of Leesburg, in the amount of $5,000.00 for preservation of the Mote-Morris House in Leesburg.

CODE ENFORCEMENT/COUNTY ATTORNEY/COURTS-JUDGES/ZONING

Ms. Annette Star Lustgarten, County Attorney, discussed the ongoing litigation of a case concerning the rezoning of some property on Wolfbranch Road, and added that pleadings had been filed. The Plaintiffs have filed a petition in the Fifth District Court of Appeals, claiming inconsistency with Lake County's existing comprehensive plan, spot zoning, and other issues. She stated that she is reviewing the document, and will be filing pleadings and a response to same.

Ms. Lustgarten also discussed an order concerning the Code Enforcement Board's imposing of a fine, for which the Code Enforcement Board's ruling was challenged by the property owner, Mr. William R. Bates, in Federal and District Court. The fine concerns abandoned vehicles in the Astor area, for which a $150.00, per day, fine was imposed. She noted that, the case had gone through the necessary Code Enforcement procedures. Mr. Bates is charging that the County is discriminating against him, and that he claims that it is a Federal issue.

Ms. Lustgarten stated that, concerning a Board of Zoning Appeals variance appeal, the County was successful in having that variance upheld, for which a reduction in lot size was approved, and was challenged by adjacent property owners.

No action was necessary concerning these issues.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.

LAWS & LEGISLATION/RESOLUTIONS

Commr. Bakich mentioned some recent correspondence from the Florida Association of Counties, in which the Legislature has requested a service charge on all local government trust funds. He noted that, that act would take approximately $50 million out of the local government's budget.

It was the consensus of the Board to prepare a Resolution to the Legislature urging them not to implement the above stated service charge.

ORDINANCES/STATE AGENCIES/WATER RESOURCES

Commr. Bakich addressed Policy 9 of the Wekiva Amendment, in which it discussed the feasibility of raising funds for the acquisition of environmentally sensitive lands. He noted that, if the County needs to acquire bonds for such, it would need to go through a referendum.

Ms. Annette Star Lustgarten, County Attorney, informed the Board that, if the Board is proposing to use ad valorem taxation for funding bonds for such acquisition of environmentally sensitive lands, it must go through the referendum process. However, if regular ad valorem taxation is used through the budget process allocating specific funds, it does not need to go through that referendum process.

Commr. Bakich requested staff to review the possibility of a referendum for such acquisitions, and to determine the most beneficial direction to take.

Ms. Lustgarten discussed an option available, Chapter 380, which permits acquisition of land in an area critical of state concern, which permits a Tourist Impact Tax to be levied in that area of concern.

Commr. Bakich requested the other members of the Board to consider these issues for future action.

No action was necessary at this time.

BUDGETS

Ms. Eleanor Anderson, Director of Administrative Services/Budget, appeared before the Board to discuss the FY 1989/90 Mid-Year Budget Amendment, prepared by the Office of Management and Budget. She stated that. there were 29 funds out of the entire County budget, that were amended, resulting in an increase of $5,923,567.00 in additional revenues.

Ms. Anderson noted that, based on an error made by the Florida Department of Revenue, which was discovered by the Finance Department, approximately $1 million was added into the Sales Tax Fund.

Ms. Anderson stated that, any amendments made within departments, when possible, were made within the budget and were not taken from the excess revenue.

Ms. Anderson discussed the development of the Department of Corrections, by which the current expenditures were analyzed, and top jail officials were met with, to arrive at the tentative budget. She added that, the previous projections were almost identical to the newly proposed budget.

Ms. Anderson noted that, concerning the Corrections Department budget, the Workers' Compensation account budgeted and paid for by the Board covers Law Enforcement personnel, as well as Corrections personnel; therefore, an estimate was made as to the amount of funds available to allocate solely to Corrections.

Ms. Anderson stated that, the projected budget for the rest of the fiscal year for the Corrections Department, does include the transition costs.

Ms. Anderson reviewed the Mid-Year Personnel Synopsis, covering Administrative Services; Environmental Services; Health and General Services; Planning and Development; Public Works; and the Clerk of Circuit Court. She also reviewed the Mid-Year Budget Requests, New Budget Requests, Reclassifications, Title Changes, and Miscellaneous Administrative Actions.

Ms. Anderson discussed the Proposed Budget Mid-Year Adjustment as it concerns the estimated revenue and receipts, and the estimated expenses. She also discussed the Lake County Budget, as it was adopted, amended, adjusted, and mid-year; and the Contingency Reserves by Appropriations.

Ms. Anderson reviewed the Reserve for Cash Balance Forward, which is not affected by ad valorem taxes, and is a restricted reserve that is budgeted to come forward into the next fiscal year to allow for cash flow purposes, to pay invoices, payroll, etc., until receipt of ad valorem taxes.

Ms. Anderson noted that, the Fund Balances - Revenue, explains why there is additional revenue, whereas, the amended fund balances for FY 89/90 are based on the Audit Report for the Fiscal Year ending September 30, 1989.

Ms. Anderson reviewed the General Fund as to the excess revenue and adjusted appropriations, which brings it to an amount of $959,201.00 in the General Fund Contingency. She also reviewed the Fine and Forfeiture Fund Revenues, which also covers Intra-Governmental Transfers, and the Corrections Department.

Ms. Anderson reviewed the County Transportation Trust Fund, Road Impact Fees Fund by Districts, Landfill Enterprise Fund, Mosquito Control Fund, Aquatic Weed Control Fund, Fish Conservation Fund, Sales Tax Bond Construction Fund, County Sales Tax Revenue Fund, Sales Tax Bond Debt Service Fund, County Library System Fund, Countywide Fire District Fund, Bassville Park Fire District Fund, Pasco Fire District Fund, Northwest Fire District Fund, Paisley Fire District Fund, South Lake Fire District Fund, Mt. Plymouth Fire District Fund, Northeast Ambulance Fund, Northwest Ambulance Fund, Animal Shelter Trust Fund, Federal Revenue Sharing Fund, Resort/Development Tax Fund, Law Enforcement Trust Fund, Law Library Fund, Certificates of Indebtedness Fund, Section 8 (Eustis) Fund, Section 8 (County) Fund, and certain Non-Adjusted Funds.

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to adopt the Resolution concerning the Mid-Year Budget Amendments and the associated addendum package, as presented by Ms. Eleanor Anderson, Director of Administrative Services/Budget.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

PLANNING & DEVELOPMENT

Mr. John Swanson, Director of Planning and Development, appeared before the Board to discuss the request for authorization to execute an agreement and encumber funds, in the amount of $52,500.00, for the preparation of the Capital Improvements Element, with Henderson, Young & Company, Inc., for consulting services. He stated that this request is a revision to the Capital Improvement contract.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to execute an agreement and encumber funds, in the amount of $52,500.00, for the preparation of the Capital Improvements Element, with Henderson, Young & Company, Inc., for consulting services.

COMMISSIONER BUSINESS (CONT'D.)

MUNICIPALITIES/RESOLUTIONS

On a motion by Commr. Gregg, seconded by Commr. Windram and carried unanimously, the Board approved to adopt the Resolution supporting efforts to preserve the Mote-Morris House in the City of Leesburg.

COMMUNICATIONS/ORDINANCES

Ms. Annette Star Lustgarten, County Attorney, discussed the draft of the Cable Television Franchise Ordinance with the Board. She stated that, this proposed Ordinance does not refer to "liquidated damages" as in some other counties' Ordinances, because they appear as fines. She noted that, the Board does not have the authority to grant fines unless it is granted by general law or a special act permitting such, and her office is reviewing that aspect.

Ms. Lustgarten reviewed the ordinance with the Board, and stated that the "WHEREAS" section outlines the Board's authority to go forward, and the Federal regulations and state statutes authorizing such.

Commr. Gregg questioned Ms. Lustgarten regarding a new law that will be going into effect concerning the regulation of fees. To which Ms. Lustgarten responded that, the original power of that regulation has been reduced and removed from the Senate Conference Staff Bill. She also feels that it will be further changed, and will not provide local government with additional powers.

Ms. Lustgarten reviewed the "Definitions" section of the Ordinance.

Commr. Swartz questioned Ms. Lustgarten whether the definitions include "cableless systems". To which Ms. Lustgarten responded that her office would look at that definition and include it in the Ordinance.

Ms. Lustgarten informed the Board that, her office is reviewing the definition of "Franchise Fee", which is standard language used throughout the industry, and that "Tax" possibly should not be included in such definition.

Ms. Lustgarten informed the Board that "Title 17" references the Federal Copyright Legislation.

Ms. Lustgarten reviewed "Service Tier", with the Board and noted that it permits a division of the types of service that are provided to the subscribers.

Ms. Lustgarten discussed the "Franchise Required" section, which states that no cable television system shall occupy or use the streets or operate in the unincorporated areas of Lake County without a Franchise.

Commr. Bakich questioned whether any of the present cable companies were notified for today's workshop. To which Ms. Lustgarten responded that she had only notified City Managers of the workshop. At this time, Commr. Bakich directed Ms. Lustgarten to provide the cable Franchise holders with a copy of the draft Ordinance.

Ms. Lustgarten noted that, regarding the "Duration" term, her office has determined that the term of the new Franchise shall be 10 years. She added that, it does not apply to the current franchise holders.

Ms. Lustgarten discussed the Franchise application process, and application fee, which is to be adopted by Resolution. She also discussed the installation of the system, as it concerns permits, authorizations and governmental entities.

Commr. Swartz questioned the impact of the "Final Order to Completion". To which Ms. Lustgarten responded that the Ordinance provides that the cable television companies will provide service to all units, regardless of the final order of completion.

Ms. Lustgarten brought to the attention of the Board that the Ordinance does provide for a lock-out device and an emergency alert capability.

Ms. Lustgarten noted that, concerning the renewal of existing Franchises, they must initiate renewal three years prior to the expiration of the Franchise, initiated either by the County or the applicant. She also discussed the criteria used to determine whether renewal is possible.

Ms. Lustgarten discussed the requirement that, all County costs will be paid for by the applicant, and noted that the statement will also be moved to the beginning of the Ordinance. She also noted that, the ordinance requires state-of-the-art upgrading during the life of the Franchise. She also stated that the renewal of the Franchise is for a term of five years, which is an arbitrary figure that is subject to change, should the Board desire.

Commr. Swartz questioned whether the Ordinance covered the requirement of a survey based on the Board's desire for such. To which Ms. Lustgarten responded that, it was not covered in the Ordinance, but can be added, and that they may also wish to include an annual meeting requirement.

Commr. Gregg noted that, he would like to see the language revised in order for the County to be provided with a list of subscribers and that the cable company fund any requested survey's. To which Ms. Lustgarten noted that, there is a privacy law regarding the list of subscribers, and the Board may not be able to enforce such requirement.

Ms. Lustgarten discussed "Transfer of Franchises", in which written consent must be obtained from the Board, and that the Franchise holder cannot transfer the Franchise until the system is completed, except under extraordinary circumstances. She also stated that, should the cable company be placed on the market for sale, the Board reserves the right of "first refusal", to purchase such. She added that, other language that is to be added, will require the cable company to give the Board written notice informing them that it will be placed on the market.

Ms. Lustgarten discussed the "Insurance Requirement" within the Ordinance, such as, comprehensive general liability; comprehensive automobile liability; broadcasters' errors and omissions; and worker's compensation coverage, and employer's liability insurance.

Ms. Lustgarten noted that, there is a "Performance Security" of $100,000.00 included in the Ordinance, which enables the Board to draw on that security in the event that the company fails to pay their Franchise fees.

Ms. Lustgarten reviewed the procedure for "Curing Violations", in which the Board is required to provide the company with written notice to cure the violations of the Franchise within a fixed timeframe. She also reviewed the alternative remedies, should the Board wish to seek or obtain judicial relief for a violation of any provision of the Ordinance.

Ms. Lustgarten discussed the "Other Standards", such as, efficient telephone communication services, mandatory continuity of service, and complaint procedures and records. Commr. Gregg stated that language should be added that would address the number of subscribers as it relates to the number of representatives available to handle the incoming telephone calls. Commr. Swartz indicated that he would like to see language added that would address the location of offices, in order for them to be within easy access of the subscribers. Commr. Swartz stated that, the company should provide the subscriber with a credit after 12 hours of outage, rather than 24 hours. To which Ms. Lustgarten responded that the Ordinance can be changed to reflect such.

Ms. Lustgarten reviewed the "Subscriber Rights", which addresses, privacy; rights of individuals; subscriber contract; provision of service; public notice; and notice regarding County Manager. She also discussed the fact that there shall be no discrimination of subscribers within different areas.

Ms. Lustgarten noted that the Franchise fee for new Franchises will be at five percent of the cable company's annual gross revenue, which shall be paid quarterly. She added that, this provision does not apply to existing Franchises. Commr. Bakich questioned whether the Board could apply an escalator clause in such. To which Ms. Lustgarten responded that, language could be added to reflect that the Board will have the ability to adjust the Franchise fee to a lower rate in order to facilitate competition and be adjusted to the higher level at the time of renewal. Commr. Gregg suggested setting a time certain to allow the companies to prepare for the higher franchise rate.

Ms. Lustgarten stated that, concerning "Sources of Revenue", there is a requirement for a breakdown of such with each payment received by the County based on the Ordinance. She also noted that, the County has the ability to conduct an annual audit of the company should they choose to do so.

Mr. Alan A. Thelen, County Manager, brought the Board up-to-date concerning a prior meeting, on cable television companies, in which he attended with the cities and their sub-committees.

No action was taken at this time.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:50 p.m.

MICHAEL J. BAKICH, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

LS/5-11-90

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