A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 17, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, September 17, 1991, 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: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Michael Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

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

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the Minutes of July 25, 1991 (Town Hall Meeting), as presented.

Commr. Bakich was not present for the vote.

Regarding the Minutes of July 25, 1991 (Budget Workshop), the following corrections were made:

Page 4, Line 9 - change "Mylo" to "Milo".

Page 7, Line 25 - delete "news media" and insert "Commr. Swartz".

Page 8, Line 18 - verification to be made on the amount of $400,000.00.

Page 9, Line 16 - change "mythology" to "methodology".

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the Minutes of July 25, 1991 (Budget Workshop, as amended.

Commr. Bakich was not present for the discussion or vote.

Regarding the Minutes of August 27, 1991 (Budget Workshop), Commr. Gregg requested that "Referral" be deleted and "Request" be inserted on Line 28, Page 4.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the Minutes of August 27, 1991 (Budget



Workshop), as corrected.

Commr. Bakich was not present for the vote.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board approved the Minutes of September 3, 1991 (Regular Meeting), as presented.

Commr. Bakich was not present for the vote.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Commr. Bakich was not present for the vote.

Accounts Allowed

Request for payment of Warrant No. 140353 through Warrant No. 140689, for the following accounts:



General Revenue Pasco Fire District

Capital Outlay Landfills

County Transportation Trust Northwest Fire District

Section 8 Mosquito Control

Aquatic Weed Private Industry Council

Countywide Fire District Bassville Fire District

Miscellaneous/Gas Fund Countywide Library

South Lake Fire District Mt. Plymouth Fire District

Commissary Trust Fund Resort & Development Fund Tax

Paisley Fire District Animal Shelter Trust Fund

Road Impact School Impact Fee Trust Fund



Accounts Allowed



Request approval of list of three (3) items to be deleted from Fixed Assets, for the month of September 1991, in the amount of $124,595.39.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Jack Booth, Case No. 90-653-CF-S2, in the amount of $250.00, and authorized proper signatures on same.



Accounts Allowed/Assessments



Request to approve Satisfaction of Assessment Liens and authorized proper signatures for the following:



Astor Forest Campsites

Brenda Manning Pezza & Dana Marvin Hart $1,968.28



Palm Mobile Home Estates



Clarence H. Graves & Myrtle B. Graves $669.41

Sorrento Village (St. John's Waterfront)



Billy J. & Mary C. Boyette $2,117.03

Hilltop Subdivision, North Oak, South Oak, & Lakeland Streets



Robert G. & Melva E. Bradley $1,127.89



Silver Lake Park, Oveson Replat



Ronald S. & Deborah Solanick $1,314.78



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending August 31, 1991.



PROPERTY APPRAISER/MEETINGS

Mr. Neil Kelly, Director of Administrative Services, appeared before the Board to present the request to reschedule the Value Adjustment Board meeting dates from September to October 2, 3, and 4, 1991.

Mr. Ed Havill, Property Appraiser, appeared before the Board, and stated that staff is recommending that the Board convene on October 2, 3, and 4, 1991, with Homestead applications scheduled on October 2, 1991. He stated that approximately one-half day will be necessary for the applications. Mr. Havill is recommending that the assessment applications be scheduled on October 16, 1991, so that the Property Appraiser's attorney can be present. He stated that there are approximately 120 appeals to be heard at that time.

Mr. James Watkins, Clerk, stated that, after the meeting on October 2, 1991, it will be necessary for the Board to adjourn to a time certain, scheduled for October 16, 1991, for the purpose of hearing the remaining cases.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to reschedule the Value Adjustment Board meeting dates from September to October 2, 3, and 4, 1991, at 9:00 a.m.

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

Ms. Annette Star Lustgarten, County Attorney, stated that she would like to postpone the request for approval of an agreement with Michele Morley, as attorney in conflict cases, and the request for approval of an agreement with R. Thomas Carle, as attorney for

additional conflict cases for FY 1991-92, until the October 1, 1991 meeting.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Bakich requested that Tab 4 and Tab 5 be pulled for the purpose of discussion.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the following requests, with the exception of Tab 4 and Tab 5:

Administrative Services/Budgets/Bids



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:

Budget Year: October 1, 1991 through September 30, 1992
(4) Encumber Funds Previously Authorized:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Environmental

Services -

Solid Waste

Aratex Svc. Inc. /Uniform rental blanket p.o. for Fiscal Year 1991-1992. Bid # 011-963-092 extended August 13, 1991. $ 6,084.00
(2) Public Works -

Custodian

Aratex Svc. Inc. /Uniform rental blanket p.o. for Fiscal Year 1991-1992. Bid # 011-963-092. extended August 13, 1991. $ 3,276.00
(3) Public Works -

Road Operations

Masters Communications /Radio maintenance blanket p.o. for Fiscal Year 1991-1992. Bid # 046-958-091. $ 2,904.00
(4) Public Works -

Maintenance

Baas Auto Supply /Blanket p.o. for Auto Supplies for Fiscal Year 1991-1992. Bid # 001-060-092 extended August 13, 1991. $ 20,000.00
(5) Public Works -

Maintenance

Standard Auto Parts /Blanket p.o. for Fiscal Year 1991-1992. Bid # 001-060-092 extended August 13, 1991. $ 4,000.00
(6) Public Works -

Maintenance

Energy Auto Parts /Blanket p.o. for Fiscal Year 1991-1992. Bid # 006-060-092 extended August 13, 1991. $ 12,000.00
(7) Public Works -

road Operations

Florida Crushed Stone /Blanket p.o. for Fiscal Year 1991-1992. Bid # 018-750-092 extended September 3, 1991. $ 11,100.00
(5) Approve Other Payments and Encumber

Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Public Works -

Road Operations

Golden Triangle Builders Supply /Blanket p.o. for Fiscal Year 1991-1992. Sole source. $ 7,000.00
(2) Environmental

Services -

Solid Waste

Florida Rock Ind. /Cover material (sand @ 75 per yard). Sole source. $ 48,000.00
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Public Works -

Parks & Facility

Courthouse Maint.

Dial Page Div L-19 /Blanket p.o. for Fiscal Year 1991-1992 for rental of pagers. $ 1,106.36
(2) Public Works -

Parks & Facility

Courthouse Maint.

Simplex Time Recorder /Blanket p.o. for Fiscal Year 1991-1992 for inspection of fire alarm system in new and old courthouses. $ 2,365.00
(3) Environmental

Services -

Solid Waste

Dickey Scales /Blanket p.o. for Fiscal Year 1991-1992 for maintenance on scales, computer system, and printer. $ 4,800.00
(4) Environmental

Services -

Solid Waste

South Lake Refuse Svc. /Blanket p.o. for Fiscal Year 1991-1992 for agreement for waste to energy drop box. $ 2,860.00
(5) Environmental

Services -

Solid Waste

Culligan Water Conditioner /Blanket p.o. for Fiscal Year 1991-1992 for bottled water. $ 1,600.00
(6) Environmental

Services -

Solid Waste

Port-O-Let /Blanket p.o. for Fiscal Year 1991-1992 for portable toilets. $ 1,800.00
(7) Environmental

Services -

Solid Waste

Town and Country Refuse /Blanket p.o. for Fiscal Year 1991-1992 for Lady Lake drop box. $ 5,460.00
(8) Health and

General Svcs -

Veteran Services

Samuel Hardman /Blanket p.o. for Fiscal Year 1991-1992 for office cleaning. $ 3,600.00
(1) Specifications:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners prior to bidding.





DEPARTMENT/DIVISION




DESCRIPTION OF ITEM
BUDGETED

AMOUNT

(1) BCC -Admin Svcs

Purchasing

E.L. Williams /Request to extend current Fiscal Year 1990-1991 bids to cover Fiscal Year 1991-1992. $450,000.00
(2) Award Bid and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Health and

General Svcs -

EMS

Areo Product /EMS rescue and medical equipment for fire districts, to be purchased from Grant Fund. Bid # 027-340-092. $ 50,914.83
(2) Health and

General Svcs -

EMS

Master Communication /14 portable and 14 mobile radios. Bid # 068-725-091. $ 24,905.02
(3) Health and

General Svcs -

EMS

Ten-8 Fire Equipment /16 self-contained breathing apparatus for Fire Districts. Bid # 030-340-092. $ 21,109.60
(4) Admin Services -

Purchasing

Ernie Morris Ent. /Office supply bid for 1991-1992 FY. Low bid. Bid # 003-618-092. est $100,000.00
(5) Corrections T.G. Lee Foods /Ice cream and milk products for 1991-1992 for jail. Bid # 026-380-092. est $ 15,000.00
(6) Public Works -

Sign Shop

Universal Sign & Accessories /Post, caps, and crosspieces for sign shop for 1991-92 FY. Bid # 028-550-092. $ 31,715.00
3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Health and

General Svcs -

Fire Protection

Municipal Equip. /Assorted valve gauges and fittings for new squad trucks. $ 1,522.53
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Public Works -

Maint. Barn

Bass Auto Supply /Automotive parts. $ 10,000.00
(2) Public Works -

Transportation

E.L. Williams /Gasoline for County vehicles. $ 80,000.00
(3) Department of

Corrections -

Medical

Dr. John Cowin /Inmate medical for Allie Chappell. $ 1,350.00
(4) Public Works -

Landfill

Ringhaver Equipment /Parts, labor to repair L H final drive on D7 H dozer. Property # 12165. $ 4,344.55
(5) Approve Other Payments and Encumber

Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC Admin Svcs -

Purchasing

Lake County Tax Collector T. Keith Hall /Intergovernmental transfer for FY 1991-1992. $870,585.00
(2) BCC Admin Svcs -

Purchasing

Sheriff of Lake County /Intergovernmental transfers for FY 1991-1992. $8,069,916.00
(3) BCC Admin Svcs -

Purchasing

James C. Watkins Clerk of Circuit Court /Intergovernmental transfers for FY 1991-1992. $3,083,339.00
(4) BCC Admin Svcs -

Purchasing

Lake County Property Appraiser Ed Havill /Intergovernmental transfers for FY 1991-1992. $ 801,144.00
(9) Chairman's Signature:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Planning and

Development -

Addressing

Digital Equipment /Maintenance agreement for FY 1991-1992. $ 360.00
(2) Board of County

Commissioners -

Admin Support

Digital Equipment /Maintenance agreement for FY 1991-1992. $ 972.00



Accounts Allowed/Contracts, Leases & Agreements/Communications



Request for authorization from Capital Improvements to renew the twelve month maintenance agreement between Lake County and GTE Communications Corporation in the amount of $22,185.00.



Accounts Allowed/Contracts, Leases & Agreements

State Agencies



Request for authorization and execution of the Department of Natural Resources Aquatic Plant Management Program Contract No. C-7357 for FY 1991-92, to receive up to $269,426.00 in State and Federal funds.



Accounts Allowed/Contracts, Leases & Agreements

Environmental Services



Request from Mosquito and Aquatic Plant Management for authorization and execution of DNR Contract No. C-7347 for FY 1991-92, to receive $3,081.50 in State funds.



Accounts Allowed/Ambulances-Hospital Districts



Request to encumber and expend funds, in the amount of $17,184.56, to reimburse Waterman Medical Center for the purchase of two (2) Lifepaks, in the amount of $16,291.21, and ten (10) Motorola radio batteries, in the amount of $893.35.



Planning & Development/Subdivisions



Request for preliminary plat approval of Top of the Hill Subdivision. (14 lots in District 4)



Accounts Allowed/Bonds/Roads-County & State/Subdivisions

Request for final plat approval of Greater Groves, Phase I; accept a Performance Bond, in the amount of $792,430.87, for streets and drainage; and accept a Performance Bond, in the amount of $211,275.85, for water and sewer; contingent upon the County Attorney's review and approval. (99 lots in District 3)



Accounts Allowed/Roads-County & State/Subdivisions/Resolutions



Request for final plat approval of Porter Point; accept an Irrevocable Letter of Credit, in the amount of $4,500.00, for maintenance; and accept the following road into the County Maintenance system: Porter Trail (3-0736B) (13 lots in District 3)

Accounts Allowed/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $6,800.00, for maintenance in Wedgewood Club, Second Addition.













Rights-of-Way, Roads and Easements



Request to accept non-exclusive easement dedications, as follows:



For Large Lot Waivers



Sec. 31, Twp. 18, Rg.24 - District #1



Lyle A. Freitag



Sec. 16, Twp. 23, Rg. 25 - District #2



Michael Langley/Jayson Stringfellow



Sec. 8, Twp. 24, Rg. 25 - District #2



Ida Lou and Joseph Randall Purvis

Marjorie and Harry Judy

Getzen and Louise Beach



Sec. 21, Twp. 22, Rg. 24 - District #2



Timothy L. & Kelly M. Stiefel



Sec. 13, Twp. 23, Rg. 26 - District #3



Sadler/Hiett



Sec. 15, Twp. 18, Rg.27 - District #5



Harold Bylsma



Bonds - Mobile Home



Request to accept the following mobile home bond:



Cecil Isdell - Mt. Plymouth area - District #4



ACCOUNTS ALLOWED/RESOLUTIONS

Discussion occurred regarding the request to rescind action taken on September 10, 1991, adopting a resolution amending the County Transportation Trust Fund to receive unanticipated revenue.

Ms. Annette Star Lustgarten, County Attorney, stated that a resolution will be drafted rescinding the prior action adopting the resolution as stated above.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to rescind action taken on September 10, 1991, adopting a resolution amending the County Transportation Trust Fund to receive unanticipated revenue in the amount of $100,000.00; rescind action taken on September 10, 1991, which approved budget transfer #91-0394; and approve the following budget transfers:



1. Fund: General Fund

Department: Sheriff

Division: In-House Support

From: Contingency $17,267.00

To: Operating Expenses $17,267.00

Transfer #: 91-0414



2. Fund: General Fund

Department: Contingency Reserve

Division: Mt. Dora Redevelopment

From: Contingency $4,734.00

To: Operating Expenses $4,734.00

Transfer #: 91-0415



3. Fund: General Fund

Department: Planning & Development

Division: Planning Operations/

Building & Code Enforcement

From: Various Accounts $152,707.00

To: Various Accounts $152,707.00

Transfer #: 91-0416



ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to present this request.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to increase Purchase Order No. 66919 by $10,000.00, to pay for anticipated costs to be incurred by the end of September for waste tire removal.

LANDFILLS/REPORTS

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to review available options for providing recycling service to the unincorporated area, in a way to not exceed the County's portion of the Federal Department of Environmental Regulations Recycling Grant. He stated options evaluated were the Igloo Collection System; Roll-off Collection System; Roll-off/Newspaper Dumpster Collection System; and Cart/Newspaper Dumpster Collection System.

Mr. Findell stated that, should the Board wish to proceed with the use of "drop-off box" recycling, staff is recommending implementation of the Roll-off Collection System, which represents the best combination of cost and ease of implementation. He stated that this system would be implemented as a pilot program.

Commr. Bakich stated that he feels there is justification at having staff look at the possibilities of the Blue Bag Collection System, and suggested that staff meet with Ogden Martin Systems of Lake County, Inc. for the purpose of looking at the Blue Bag Collection System and to review the costs of such a system.

Commr. Swartz suggested that Request for Proposals (RFPs) be issued if it is the decision to use a Blue Bag Collection System.

Mr. Brad Bauserman, Recycling Coordinator, appeared before the Board to report that he feels it is the consensus of Lake County residents that they will miss having the convenience of the curbside recycling service, but they also like the costs savings involved with a drop-off service.

Commr. Swartz stated that he would support pursuing the Blue Bag Collection System if the County included discussions with the wastehaulers who are uniquely positioned to participate in a system such as the Blue Bag system.

Mr. Bauserman reported that the results of the survey mailed to area businesses indicate a 22.4 percent recycling rate, with approximately one-half being corrugated cardboard. Commr. Gregg requested that Mr. Bauserman prepare a synopsis of the report and include who responded and types of materials being recycled.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the staff recommendation of the Roll-off Container Recycling Program; and instructed staff to consult with the various local vendors and inform them of the County's interest of pursuing other alternatives in which they may be willing to participate.

CONTRACTS, LEASES, & AGREEMENTS/MUNICIPALITIES/LANDFILLS

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to state that an Interlocal Agreement has been prepared, at the City of Leesburg's request, following the Board's adoption of a resolution setting Leesburg's solid waste disposal fee at $31.70, for the period of August 15, 1990 through September 30, 1991.

Mr. Findell stated that the Interlocal Agreement provides that the same methodology used to establish the 1990-91 fee will be used to set Leesburg's waste-to-energy facility disposal fee in subsequent years.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request for execution of an Interlocal Agreement with the City of Leesburg for the purpose of establishing Leesburg's solid waste disposal fee.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to explain this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to amend ERC General Contracting Services, Inc. Agreement for construction of Astatula Ash Residue Monofill by $4,222.86; and approve Change Order No. 5, to pay for additional services performed by Post, Buckley, Schuh and Jernigan, Inc. and Jammal & Associates during the construction of this work.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Don Findell, Executive Director, Environmental Services Department, appeared before the Board to present this request.

Mr. Findell stated that he would like to amend this request to read: "Request authorization to reimburse R. W. Beck & Associates, in an amount to exceed $6,486.51, for payment of services performed through August 31st in support of County solid waste and waste-to-energy analyses in FY 1990-91." He stated that the authorization requested is subject to completion of the R. W. Beck contract by the County Attorney's office.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request for authorization to reimburse R. W. Beck and Associates as stated above.





ACCOUNTS ALLOWED/AMBULANCES-HOSPITAL DISTRICTS

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present the request to expend the remainder of the budgeted local match funds, in the amount of $38,947.40, to Lake-Sumter Mental Health Center for the delivery of vehicles for the Transportation Disadvantaged program.

Mr. Strickland stated that the Board for the Lake-Sumter Mental Health Center has requested additional funds, in the amount of $20,751.80, to be added to the originally budgeted $44,000.00.

Mr. Jack Hargrove, Lake-Sumter Mental Health Center (LSMHC), appeared before the Board and stated that the Department of Transportation has granted Lake-Sumter Mental Health Center additional equipment allocations. This has resulted in the need for $20,751.80 in additional local match revenue.

Commr. Swartz stated that the program provides transportation to many people throughout the County that meet the criteria for the Transportation Disadvantaged program. He suggested that consideration be given to using County Transportation Trust Funds for the additional revenue match.

Discussion occurred regarding the use of County Transportation Trust Funds for this purpose, at which time, Commr. Gregg stated that he would not support taking the additional revenue match out of the County Transportation Trust Funds.

Mr. Hargrove stated there is a need for the equipment, and the additional allocation is only available at this time. He stated possibly Lake-Sumter Mental Health Center could make the match out of resources that they may have available, if they could make a request that the County consider this issue in next year's budget, which would help Lake-Sumter Mental Health Center alleviate the immediate outflow of cash.

On a motion by Commr. Swartz, seconded by commr. Gregg and carried unanimously, the Board approved the request to expend the remainder of the budgeted local match funds, in the amount of

$38,947.40, to Lake-Sumter Mental Health Center for the delivery of vehicles for the Transportation Disadvantaged program.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, for the purpose of discussion, for authorization of the expenditure, in the amount of $20,751.80, to be a budget transfer from appropriate County Transportation Trust Funds (CTT) in this budget year, for the purchase of additional vehicles for the Transportation Disadvantaged program.

Under discussion, Mr. Jim Schuster, Finance Director, appeared before the Board and stated, as a guideline, there is a classification in the State Chart of Accounts for Transportation, which list function activities that fall within that classification.

Ms. Eleanor Anderson, Executive Director of Management/Budget, stated that the County Attorney has reviewed this issue, and it has been determined that the use of CTT funds is at the discretion of the Board, and not based purely on the classification of accounts.

The Chairman called for a vote on the motion. The motion failed by a 4 - 1 vote.

Commr. Bakich, Hanson, Bailey, and Gregg voted "No".

HEALTH DEPARTMENT/RESOLUTIONS

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present this request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the Resolution establishing the 1991-92 County Public Health Unit Fee.

PUBLIC HEARINGS - TIMES CERTAIN

ROAD CLOSINGS

PETITION NO. 652 - Arthur P. Ennis - Mt. Dora Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present Road Vacation Petition No. 652 by Arthur P. Ennis, to vacate portion of easement, Lake Joanna Estates.

Mr. Steven Richey, Attorney, representing the applicant, appeared before the Board to request a thirty (30) day postponement.

Ms. Cecelia Bonifay, Attorney, representing property owners on the south side of the road to be vacated, appeared before the Board and stated that her clients are not opposed to a thirty (30) day continuance, and they are willing to work toward a compromise.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved to postpone Vacation Petition No. 652 by Arthur P. Ennis, by Steven Richey, to vacate portion of easement, Lake Joanna Estates, Mt. Dora area, for thirty (30) days, to be rescheduled on October 15, 1991, at 10:00 a.m.

PETITION NO. 655 - Jimmy Sloan - Clermont Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the request to vacate unnamed road in the Groveland Farms Subdivision.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to postpone Vacation Petition No. 655 by Jimmy Sloan, by Leonard H. Baird, Jr., to vacate unnamed road, Groveland Farms Subdivision, Clermont area, for thirty (30) days; with staff corresponding with the applicants and the parties involved.

PETITION NO. 658 - Julius and Margaret Jones - Lady Lake Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the request to vacate portion of road in Conant Subdivision, Lady Lake area.

It was noted that the petitioners were present in the audience.

No one present wished to speak in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved Vacation Petition No. 658 by Julius and Margaret Jones, to vacate portion of road, Conant Subdivision, Lady Lake area, District 1, as advertised.





PETITION NO. 664 - David C. Benzel - Groveland Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the request to vacate roads in Groveland Farms, Groveland area.

No one present wished to speak in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Vacation Petition No. 664 by David C. Benzel, to vacate roads, Groveland Farms, Groveland area, District 2, as advertised.

ACCOUNTS ALLOWED/BIDS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to advertise for bids for Project No. 3-92, Picciola Cutoff Widening and Resurfacing (#1-5590), at an estimated cost of $110,000.00.

PUBLIC WORKS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to request that Tab 29 through Tab 36 be handled in the same manner as the County Manager's Consent Agenda.

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

Deeds/Rights-of-Way, Roads & Easements



For Lot Approval:



Claron D. Wagner and H. D. Robuck Jr. - Tuscawilla Drive - #1-4120



For Site Plan:



Grace Baptist Church of Montverde, CR 455



Road Closings - Permission to Advertise



1. Request to advertise Vacation Petition No. 661 by T. S. Diachun, by Dennis L. Horton, P.A., to vacate lot in Lake Ridge club, First Addition, Clermont area, District 3.



2. Request to advertise Vacation Petition No. 662 by Karen Crawford to vacate road East Umatilla Plat, Umatilla area, District 5.







3. Request to advertise Vacation Petition No. 663 by Bob Leininger, Wyninger, Inc., by Scott Wynn, to vacate street, Replat of Postal Groves, Lake Nellie area south of Clermont, District 3.



4. Request to advertise Vacation Petition No. 665 by Leo Paul Green to vacate road, Map of Astatula, Astatula area, District 3.



5. Request to advertise Vacation Petition No. 666 by John J. Antony to vacate road Plat of Apshawa Groves, Groveland area, District 3.



6. Request to advertise Vacation Petition No. 667 by A. E. Anderson, Jr., by Farner, Barley & Associates, Inc, to vacate roads and tracts, Clermont Farms, Clermont area, District 3.



7. Request to advertise Vacation Petition No. 668 by A. E. Anderson, Jr., by Farner, Barley & Associates, Inc. to vacate roads and tracts, Clermont Farms, Clermont area, District 3.



ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/SUBDIVISIONS

RESOLUTIONS

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the request to accept an Irrevocable Letter of Credit, in the amount of $4,100.00, for maintenance; and to accept the following roads in Carlton Village into the County maintenance system: Parkinsonia Street (#1-7710) and Elm Street (#1-7710A).

ACCOUNTS ALLOWED/FIRE PROTECTION/GRANTS/STATE AGENCIES

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request for approval of an application to the State of Florida, Department of Health & Rehabilitative Services on 1991 Emergency Medical Services County Grant, in the amount of $74,386.39, and request for advance payment and resolution.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC HEALTH/STATE AGENCIES

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present this request.



On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for approval of the 1991-92 Contract between Lake County and the State of Florida Department of Health and Rehabilitative Services.

FIRE PROTECTION/AMBULANCES-HOSPITAL DISTRICTS

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for an endorsement from the Board for the project of conducting a study of a regional approach for delivery of EMS service in a multi-county area, to be conducted by the North Central Florida Health Planning Council.

LIBRARIES/COMMITTEES

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request for appointment of the members of the Lake County Library Board to the Long-Range Planning Committee, to develop and recommend a long-range library services plan in accordance with Section 5 of the Interlocal Agreement for Library Services, which was approved by the Board of County Commissioners on September 10, 1991.

PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director, Planning & Development, appeared before the Board to request clarification on the adopted vesting language for the Lake County Comprehensive Plan.

Mr. Swanson stated that the vesting language contained in the Comprehensive Plan, adopted by the Board of County Commissioners on July 16, 1991, is different from the vesting language in the Wekiva River Protection Ordinance. Mr. Swanson stated that the Comprehensive Plan vest density, and the Wekiva River Protection Ordinance vest density and development controls. Mr. Swanson stated that clarification needs to be made that it was the intent of the Board of County Commissioners to vest density and development controls in the Comprehensive Plan. He stated that those developments, which have formal approval by a governmental body, such as the Planning & Zoning Commission, and were submitted prior to July 16, 1991, would be vested for density in the development control through the theory of law known as equitable estoppel. Clarification is requested if it was the Board's intent to vest those projects which were submitted but which did not have formal approval by a governmental body within Lake County prior to July 16, 1991.

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that an approved preliminary plat would fall, prior to the adoption of the Comprehensive Plan, into the theory of equitable estoppel. She stated that all of the applications that were submitted during the Comprehensive Planning process were advised in writing that the County was going through the Comprehensive Plan process, and there would be no ability to rely on existing regulations. She stated that the applications that were submitted prior to the approval of the Comprehensive Plan, as addressed in the Comprehensive Plan, are vested for density only, as currently drafted and submitted to the State.

Ms. Cecelia Bonifay, Attorney, appeared before the Board and stated that she is representing a number of property owners who are adversely affected if a determination is made by the Board that their projects would not be vested for density and continued review under the development regulations in place at the time they filed their application. She stated that it was made clear that an applicant was vested and the final plat, based on the preliminary plat, would be reviewed under the development regulations that were in effect at the time the preliminary plat was filed. She further stated that her clients are very concerned, and are asking that the Board's policy position be that they be reviewed under the rules in effect at the time that the plats were filed.



Ms. Ruth Yancy Ray, a resident of the Green Swamp area, appeared before the Board and stated that it was her understanding that if she, as an applicant, submitted application prior to the adoption of the Comprehensive Plan, she would be vested. She stated that she would hope that the Board would vote in favor of their original intent.

Mr. Dale Ladd, a resident of Clermont, appeared before the Board and stated that he has invested thousands of dollars in fees based on the information received from the Board. He stated that he has property that he has tried to development prior to the Comprehensive Plan and property that he has tried to develop after the Plan. He stated that he is fighting a vesting issue for the property he has tried to develop prior to the Plan, and has a development that he has tried to develop since the Comprehensive Plan became effective which he cannot do any thing with due to lack of regulations.

Mr. Jay VanderMeer, a resident of Clermont, appeared before the Board and stated that it was his understanding from previous meetings that vested rights were in effect at the time fees are paid to the County, and at the beginning of the developing process. Mr. Greg Beliveau, The Land Planning Group, appeared before the Board to present questions regarding specific projects he is involved in currently. Mr. Beliveau stated that direction and clarification is needed regarding the vesting issues.

Mr. Steven Richey, Attorney, representing a number of clients, appeared before the Board, and stated that the County accepted his clients' applications and took their money, and his clients relied on the Board's representations that the rules would not change. Mr. Richey referred to discussions which took place at the time of the final public hearing when he raised the issue of the wording on the effective date of the Comprehensive Plan. He stated that the Board specifically stated that the old rules would apply to applications filed on the day of the hearing, and the effective date of the Plan would be July 16, 1991. Mr. Richey asked that the Board stand by their original intent.

Commr. Gregg stated that he recalls the question being presented at the public hearing regarding the effect of the change in the vesting language, and recalls staff responding that the change in the language was merely a technical change. He stated that he does not feel the Board is acting in good faith.

Commr. Swartz stated that he does not recall the vesting language being specifically changed, and suggested that records be reviewed for evidence of a motion that changed the vesting language.

Ms. Annette Star Lustgarten, County Attorney, stated that, if it is the Board's decision that their intent was that vesting was to be at point of application, the clarification could be made through the negotiation process with the Department of Community Affairs. She cautioned the Board that there is a possibility that any of the development orders may be challenged as not being consistent with the Plan.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried, the Board approved clarification of the vesting language which states projects that have submitted applications prior to July 16, 1991, will be processed under prior development regulations.

Commr. Swartz voted "No".

HEALTH & GENERAL SERVICES/FIRE PROTECTION

Mr. Lonnie Strickland, Executive Director of Health & General Services, appeared before the Board to present the draft of the Division of Public Safety Standard Operating Procedures, and stated that approval will be subject to review of the Personnel Section by the County Attorney's office.

Ms. Annette Star Lustgarten, County Attorney, stated that her review will be for the purpose of conforming the applicable personnel rules to the Firefighters' Bill of Rights.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved the Division of Public Safety Standard Operating Procedures.

Commr. Bailey was absent for the discussion and vote.

COUNTY ATTORNEY'S MATTERS

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present an update on the case of Brown vs. Lake County, which was the Mink Road dispute between Mr. Brown, the County and Mr. Oscar Taylor. Ms. Lustgarten stated that Mr. Brown has turned down the prior proposed settlement made by the Board, and has recently retained new legal counsel. Ms. Lustgarten stated that the original settlement was the exchange of property, as well as Mr. Brown paying $100.00 for damage to Mink Road. She stated she is requesting authorization from the Board to present a new proposed settlement dedication of ten (10) feet in lieu of the original proposed settlement.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved authorization to present a new proposed settlement dedication of ten (10) feet in the case of Brown vs. Lake County.

COMMISSIONER'S BUSINESS

APPOINTMENTS-RESIGNATIONS/EDUCATION/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Commr. Catherine Hanson to the Lake County Schools Advisory Board for Vocational, Adult and Community Education to replace Commr. Richard Swartz.

ACCOUNTS ALLOWED

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



ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COUNTY MANAGER

BUDGET TRANSFERS

Ms. Eleanor Anderson, Executive Director of the Office of Management/Budget, appeared before the Board to present this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to proceed to execute a Receipt and Release Agreement with Mr. Al Thelen, prior County Manager; authorize transfer from the General Fund, in the amount of $31,173.00, to the appropriate account to be encumbered; and authorization to release a check immediately upon the Board of County Commissioner's approval.

PERSONNEL/COUNTY MANAGER

Ms. Lois Martin, Director of Personnel, appeared before the Board to present the recruitment and selection process for the position of County Manager.

Ms. Martin presented a letter, received from Florida Public Management Group, Inc., offering their assistance to the Lake County Board of County Commissioners for the purpose of recruitment and selection of the County Manager.

Commr. Bailey stated that he recommends using the Lake County Personnel Office as the Recruitment Agency and to contain the recruitment area to statewide.

Commr. Gregg stated that he supports using the Lake County Personnel Office as the Recruitment Agency and recommends that deadlines be set for presentation of those applicants that are interested in the position.

Commr. Bakich stated that he supports a nationwide search for a new County Manager, and retaining the services of a private recruiting firm.

Commr. Swartz stated that he supports a nationwide search for a new County Manager and using the Lake County Personnel Department as the Recruitment Agency, with the Board establishing criteria for the purpose of recruitment.

It was the consensus of the Board to expand the area of recruitment to nationwide, and for the Lake County Personnel Office to act as the Recruitment Agency.

Discussion occurred regarding the advertising of the County Manager position; at which time, Ms. Martin stated that she will have available, for the Boards' review, by September 20, 1991, a draft of the advertisement to be placed in the appropriate publications.

Ms. Martin stated that the Personnel Office will do the initial screening to determine qualified vs. disqualified applicants in accordance with the established minimum qualifications for the position; coordinate and facilitate a five (5) member Selection Committee selected by the Board; conduct background checks of the top candidates; present the top five candidates; arrange for interviews and determine candidates' salary and fringe benefits requirements.

Discussion occurred regarding the salary requirements, with the decision of the Board to list the salary as negotiable, and request that the applicants submit salary interest on their resumes.

REPORTS

Commr. Hanson stated that Ms. Eleanor Anderson, Executive Director of Management/Budget, Mr. Bob McKee, Chief Deputy Clerk, and herself visited Palm Beach County on September 13, 1991 for the purpose of reviewing Palm Beach County's budgetary needs and goals. She stated that their Departmental Heads evaluated their own department and presented their findings to the Board, at which time, the Board did the evaluation of all of the programs. The Board evaluated each program as to the number of people that were involved in the program, the cost and any other pertinent information, then prioritized those that were mandated or that absolutely had to be performed, those that they wanted to have performed and those that they would like to have performed.

Commr. Hanson stated that Palm Beach County hired a consultant, on retainer, from the University of Florida. She stated that staff from Palm Beach County and their consultant would be willing to visit Lake County for the purpose of presenting a workshop for informational purposes only.

Ms. Anderson stated that the key to what she observed in Palm Beach County was communication. She stated that they started their budget planning early, involved people, and output of public information was made available.

Commr. Swartz stated that it is his recommendation that the Board invite Palm Beach County and the consultant to Lake County for the purpose of a workshop, and the Board invite and encourage the participation of the Lake County Constitutional Officers and staff. He stated that it is essential that the Board go through the process of prioritizing and rating programs. He further stated that a possible goal for the Board would be to make County government as efficient as possible and set priorities for spending.

Commr. Hanson stated that Palm Beach County created a "Mini Grace Committee", which is comprised of eleven (11) members and made up of a cross section of taxpayers and community members.

BUDGETS/MEETINGS

At this time, Commr. Swartz presented issues which he planned to present for the purpose of discussion regarding the lay-off of personnel, the Public Safety Director position, and the Master Storm Water Study at the Budget Hearing later in the day.

Mr. Bob Newman, a resident of Leesburg, appeared before the Board to state that the Board should not only consider not filling vacant positions, but consider filling vacant positions from within other departments.

RECESS AND REASSEMBLY

The Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for Rezoning.





REZONING

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board to explain each of the following cases.

Postponement

#56-91-1 Larry Snodgres & Roy E. Ide 10/15/91

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to postpone Petition #56-91-1 for 30 days.

PETITION #30-91-3 A TO ER CHERRY LAKE FARM TRUST

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated the property in question is approximately fifty (50) lots, with each lot one-half (1/2) acre or less. He stated the lot size will allow the developer the ability to provide central water.

No one present wished to speak in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to ER (Estate Residential), for a single-family residential development.

Commr. Swartz voted "No".

PETITION #42-91-3 SITE PLAN APPROVAL BRIAN & GLORIA GILBERT

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that this rezoning is in litigation and, if the site plan is approved, the applicant will be unable to pull building permits, based on the Public Facilities District (PFD) zoning or approved site plan, until litigation is resolved.

Mr. Harlow Middleton, Attorney, representing the applicant, appeared before the Board and stated that the site plan before the Board today meets all standards of the State and the County, provides for the community, and the security of the students that are taught at the school.

Mr. Scott Wilt, representing Greiling Farms, Inc., appeared before the Board in opposition to this request, and presented a petition with eleven (11) signatures in opposition to said request. He stated that he would like to ask the Board to focus their attention on totally objective facts, objective land use issues, and objective Planning and Zoning issues. Mr. Wilt stated that the site plan, as proposed, would permit disposal of approximately 4,800 gallons of wastewater; a proposed greywater system; construction of forty (40) foot tall buildings; a six (6) foot wood fence running the entire length of the side and front property lines; twenty-four (24) hour a day occupancy, which does not fall under the criteria of a school; and permitted office use. Mr. Wilt stated that there is no public access on a paved, public dedicated right-of-way or road, and it is not compatible with existing zoning in the area.

Mr. Wilt introduced, into the record, a copy of the Technical Review Committee (TRC) meeting tapes, and a copy of a request for a subdivision variance, which was granted on the same piece of property in December 1990. Mr. Wilt also distributed a copy, for the record, of a summary of policies taken from the Lake County Comprehensive Plan, stating that the site plan presented today is not consistent with the Comprehensive Plan or compatible with the surrounding area.

Mr. Wilt stated that the buffering and screening, as proposed in the site plan, gives no consideration whatsoever to compatibility with the existing area, land use policies for the area, and no consideration to the Comprehensive Plan policies. At this time, Mr. Wilt discussed the issues of Transportation Improvements, Permitting, and Wastewater Treatment.

Mr. Louis Roeder, III, Real Property Consultants, appeared before the Board and stated that he has been engaged by Mr. Greiling to review the proposed site plan. At this time, Mr. Roeder reviewed various Policies of the Lake County Comprehensive Plan as listed on the summary presented by Mr. Wilt. Mr. Roeder stated that it is his opinion the Board should not approve the AuClair Palms site plan, due to the fact that the proposed site plan is inconsistent with the policies of the Future Land Use Element.

Ms. Charlene Kelly, an adjacent land owner, appeared before the Board to express her concern that the proposed site plan in question is not consistent with the exiting zoning in the area and meets only the minimum zoning requirements. She stated that the neighbors are very concerned with the appearance of the portable classroom buildings that are proposed for the school. She stated that AuClair Palms is a profit making corporation, meeting only the minimum requirements for transportation improvements, and minimum buffering/screening requirements.

Discussion occurred regarding buffering and screening requirements, and the concerns expressed by the neighbors that the site plan calls for a fence on the property line. At this time, Commr. Swartz suggested that a ten (10) foot vegetative buffer be placed at the property line, with the fence line located on the inside of the vegetative buffer.

Commr. Swartz stated that his concerns are not with the use, but with the intensity of the use, and that the intensity of the use is not compatible with what is in the area and what is going to be in the area in the future. He further stated his concern with the extensive use of a septic system, in lieu of a sewer system. Commr. Bakich stated that AuClair Palms is not compatible with the surrounding area, and the density is not appropriate for a residential area.

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission and approve the request for site plan approval for the proposed AuClair Palms School.

Under discussion, Commr. Hanson stated that she would like to add to the motion additional landscaping and buffering be added to the property.

Commr. Gregg stated that he does not support an amendment to his motion to require additional landscaping and buffering, and requested that his motion remain as stated.

Commr. Swartz questioned if the limitations on the square footage will be included in the Ordinance, at which time Mr. Stubbs responded that they will be included.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved to amend Commr. Gregg's motion to include a requirement that the ten (10) foot property lines on the northwest and southeast require a ten (10) foot irrigated landscape vegetative buffer; fencing that is required under the Ordinance be placed on the property owner's side of that vegetative buffer; and that the maximum requirements for vegetation, as outlined in the Landscape Ordinance, be required.

Commrs. Bailey and Gregg voted "No".

The Chairman called for a vote on Commr. Gregg's motion as amended, which carried.

Commrs. Bakich and Swartz voted "No".

PETITION #86-91-1 RA TO CP AZALEA OAKS, INC.

No one wished to speak in opposition to this request.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that the site plan is being limited to a wholesale/retail nursery and accessory sales to allow for the sale of ornamental figurines and containers.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RA (Ranchette) to CP (Planned Commercial) for the entire site, for a wholesale/retail nursery and garden center with an existing mobile home.

Commrs. Bakich and Swartz voted "No".

PETITION #95-91-3 A TO MP WITH LM USES WILLIAM L. BOURLAND

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board to clarify that this is a ten (10) acre

site, bordering on the Orange County line. She stated that the property is currently being used for citrus and is surrounded by commercial and industrial uses. She stated the applicant is requesting the change to bring his property in compliance, and consistent with what is in the surrounding area. She stated that

the applicant would be happy to eliminate, under the list of uses, lumber yards, building material yards, bars, lounges, and kennels.

No one wished to speak in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to MP (Planned Industrial) with limited uses rather than with LM uses.

Commr. Swartz voted "No".

PETITION #103-91-4 RR TO RP ROBERT E. THORNBURG

The applicant was present in the audience.

No one wished to speak in opposition to this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from RR (Rural Residential) to RP (Residential Professional), for residential or professional use.

PETITION CUP#91/8/1-2 CUP IN A MICHAEL STEPANOVIC

The applicant was present in the audience.

No one wished to speak in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for a CUP (Conditional Use Permit) in A (Agricultural), to place a second dwelling (mobile home) on site with an existing manufactured home for the care of an infirm or disabled relative.

PETITION #104-91-2 A TO RR W. GLENN TYRE

The applicant was present in the audience.

No one wished to speak in opposition to this request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to RR (Rural Residential), for a single-family residential development.

PETITION #100-91-5 A TO R-1-5 HENRY & SALLIE L. CHAVIS

No one wished to speak in opposition to this request.

Mr. Stubbs stated that staff recommended denial of this request based upon the fact that R-1-5 was inconsistent with the land use category. He stated that a Developer's Agreement, limiting development to two (2) units on the 4.5 acres would make this parcel consistent with the land use category.

Mr. Henry Chavis, the applicant, stated that he would agree to a Developer's Agreement, which is to be prepared by the County Attorney, stating that he would not develop more than two (2) units to the 4.5 acres.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board upheld to recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to R-1-5 (Mobile or Mixed Residential), with the understanding that the applicant will agree to a Developer's Agreement, which states that he will not develop more than (2) units to the 4.5 acres, to place a mobile home on the site.

PETITION #102-91-1 AR TO RR JIM TARKINGTON & DAVID MYERS

The applicant was present in the audience.

No one wished to speak in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from AR (Agricultural Residential) to RR (Rural Residential), for development of residential homesites.





PETITION #18A-88-2 AMEND ORD.#5-88, MP WITH M-1 USES

PAUL E. FIELD

The applicant was present in the audience.

No one wished to speak in opposition to this request.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request to amend Ordinance No. 5-88, MP (Heavy Industrial) uses, to add onto an existing building.

PETITION #88-91-3 A TO PUD F. BROWNE GREGG

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that this project consists of seven-hundred and twenty five (725) single-family residences on eight hundred and sixty (860) acres, with an eighteen (18) hole golf course, and provides for central water. He stated that each lot is a minimum of 22,000 square feet and a 5,000 square feet convenience store will be provided.

Discussion occurred regarding transportation issues, at which time, Mr. Don Griffey, Engineering Development Division Director, reviewed the various road connections in the area.

Mr. Bill Manual, representing Parkway Groves, appeared before the Board and stated that his property is the connecting property between the PUD and Fosgate Road to the south. He stated his property, at one time, was included in the staff reports and transportation reports, which also included an access road from the parcel in question down to Fosgate Road. He stated that the only access to the project in question at this time is on C-561A. He further stated that he has spent a large sum of money over the last two years working with Mr. Richey to provide access through his property, only to find out that Planning and Zoning has made concessions to Mr. Richey to eliminate the access.

Mr. Manual stated that he was not notified of the Planning and Zoning Commission meetings or of the meeting today. He stated that, if the access road through his property is eliminated from the site plan, his property will be landlocked because his only access is on Triple E Road. At this time, Mr. Manual requested that the decision on the PUD in question be delayed until the Current Planning staff has the opportunity to review the transportation issues on this matter. He further stated he was told on September 16, 1991, by County Staff, that the report before the Board today was not prepared based on the plan as submitted before the Board today. It included the road and access road and comments thereof going down to and through his property on Fosgate Road. Therefore, everything that has been presented to the Board today is a change from what staff reviewed.

Mr. Griffey responded that staff comments were based on the map as submitted before the Board today. He stated that there is a need, however, for an adjustment to the transportation comments. The new plan shows the connection off of Triple E Road, that would provide an alternate access point from the main access off of C-561A. He stated that the language in the draft Ordinance, under Transportation Improvements, No. 8, should be deleted, which states all access is to be internal and only the service area is to use Triple E Road for access.

Mr. Manual questioned if he will be landlocked without access to his property, specifically Parkway Groves, will he be able to tie on and subdivide Parkway Groves once he gets the connector in the Year 2003, and will the Board require access to Fosgate Road, as recommended in the staff report.

At this time, the Board addressed many of Mr. Manual's concerns regarding Transportation Improvements.

Commr. Swartz stated that, if this development is approved with the concept that Triple E Road is to be used, a requirement is needed to bring Triple E Road up to appropriate standards, with necessary improvements made on C-561A. He commented that the Board will need to recognize that necessary types of transportation must be provided for developments such as the one in question today, with a network provided ahead of time.

Mr. Griffey agreed that there is a need to bring Triple E Road up to County standards and provide turn lanes on C-561A and Triple E Road.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) to PUD (Planned Unit Development) as amended, with turn lanes on C-561A and Triple E Road, improving Triple E to County standards; and delete No. 8, under Transportation Improvements.

Commr. Swartz voted "No".

PETITION #99-91-3 A TO MP TO PUD ROBERT A. DAVIS

The applicant was present in the audience.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and stated that this development consists of twenty-seven lots for the purpose of single-family residences, dry boat storage, and a tackle and maintenance shop. He stated that the Plan, submitted to the Board today, is based on discussions with surrounding area residents. He stated that the plan is designed to accommodate the environmental assessments that have been prepared.

No one present wished to speak in opposition to this request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission and approved the request for rezoning from A (Agricultural) & MP (Planned Industrial) to PUD (Planned Unit Development), for development of single-family residences, dry boat storage, and a tackle and maintenance shop.













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



____________________________________

DONALD B. BAILEY, CHAIRMAN



ATTEST:







______________________________

JAMES C. WATKINS, CLERK



msf/9-26-91/9-17-91

A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

PUBLIC HEARING - FINAL BUDGET ADOPTION

SEPTEMBER 17, 1991

The Lake County Board of County Commissioners met in special session on Tuesday, September 17, 1991, at 6:30 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Gerry Clark, Assistant County Attorney (representing Ms. Annette Star Lustgarten, County Attorney, who was out of town); Michael Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Sandra Carter, Deputy Clerk.

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS

BUDGET TRANSFERS/RESOLUTIONS

Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, appeared before the Board and reviewed a memorandum which she had prepared for the Board pertaining to the County's proposed budget for FY 1991-92. She stated that the proposed expenditures for all County funds total $116,238,678.00, and that the proposed expenditures for the General Fund total $37,820,483.00. She stated that the Tentative General Fund Budget is 10% lower than the FY 1991 adopted budget. The Contingency and Cash Reserve have been reduced by $134,745.00, a 5% decrease over

the mid-year amended amount for FY 1990-91.

Ms. Anderson stated that the proposed General Fund Contingency has been reduced down to $344,894.00 for FY 1991-92. She stated that offsetting some of the overall cuts are the following increases from the Mid-Year Amended budget:

Constitutional Officers $603,087.00 (5% increase)

Judiciary $187,112.00 (17% increase)

Board of County Commissioners' Dept. $688,824.00 (4% increase)



Ms. Anderson stated that it should be noted that all Board of County Commissioners' departments reduced their General Fund Budget requests from the FY 1990-91 adopted amount by 3%, at mid-year. She stated that the proposed budgets for the Board of County Commissioners' departments are 4% over the mid-year amended totals, for a net increase, from the adopted FY 1990-91 budget, of 1%. She stated that the increase is due primarily to costs for the energy management system incorporated in the new courts complex, to be occupied by the Clerk of Courts and Judiciary, as well as costs associated with the opening in FY 1990-91 of the Prelude facility and the scheduled opening of the new jail facility in FY 1991-92. She stated that the anticipated revenue for FY 1991-92 has been reduced in the General Fund, primarily due to lowered State Revenue Sharing and State Sales Tax estimates for a combined total decrease of $320,313.00 from the Mid-Year Amended revenue estimates. She stated that, to offset the decrease in General Fund revenue, staff is transferring $1.1 million from the Insurance Fund, which she noted will be a one time revenue source.

Ms. Anderson stated that the first tentative budget presented to the Board on July 8, 1991, totaled $127,351,263.00, or a 21% reduction from the Mid-Year Amended Budget. Since that time, at the Board's direction, 11 positions were cut from the tentative proposed budget, adjustments were made in telecommunications, and a 15% reduction was made in the computer/fax equipment request. She stated that the current proposal does include, however, a net of 51 new positions for the Department of Corrections.

Ms. Anderson stated that rebudgeted items which were in the current budget, but were not expended, will be carried forward into this budget. She stated that the overall total for rebudgeted items is $3,441,652.00, and the major impact is the Landfill Enterprise Fund, in the amount of $2,161,154.00, with the other funds making up the difference of $1,280,498.00.

Ms. Anderson then led the Board, step by step, through the Public Hearing portion of the meeting, stating that, pursuant to Section 200.065 of the Florida Statutes, Lake County had advertised

its intent to adopt a final millage rate and budget in two of the local newspapers.

Ms. Anderson then stated the percent of increase in the millage, over the rolled-back rate, necessary to fund the budget, and the purpose for the increase, as follows:

% INCREASE

CERTIFIED TENTATIVE (DECREASE) OVER

ROLLED-BACK MILLAGE RATE ROLLED-BACK



COUNTYWIDE

General 4.545 4.938 4.752 %



MSTU

Greater Hills 3.850 4.000 3.896 %



NORTHLAKE COUNTY AMBULANCE TAXING DISTRICTS



(Northeast and .206 0.223 8.252 %

Northwest Ambulance

Districts Consolidated)



Ms. Anderson stated that the above represents an aggregate increase over the rolled-back rate of 8.7%.

Mr. Frank Gillis, a local resident, appeared before the Board and read a statement into the Minutes regarding the budget, stating that downsizing is in order, noting that the Board has the knowledge, a responsibility, and the authority to do so. He discussed the national debt, the fact that bankruptcies have doubled over the last year in the United States, and the fact that various large corporations are laying off large numbers of employees. He stated that when a problem arises, the political solution has been to raise taxes; however, taxpayers, like a well, have their limitations - they run dry.

Mr. Dan Eastwood, a resident of Tavares, appeared before the Board stating that he sits on the board of three Florida corporations and, having been through the recent agonizing recession, sees $30 million taken out of budget from last year, out of $144 million, and stated that he has to commend any group, including the Board and its staff, who is able to accomplish that kind of task in this type of economic environment.

Mr. Walter Hayen, a resident of Eustis, appeared before the Board stating that his taxes had increased over 200% since he moved to Lake County in 1986. He requested the Board to consider the increases before approving them.

Mr. Bob Newman, a resident of Leesburg, appeared before the Board and requested an explanation of what the 8.7% increase in the rolled-back rate meant to the taxpayers, to which Commr. Swartz responded.

Mr. Newman then discussed population growth in the County and whether or not it was paying for itself, as well as questioned whether all the individuals needed for the Corrections Department were now on board.

Mr. Tom Neumayer, Director of Corrections, appeared before the Board, and responded to the question presented by Mr. Newman regarding the hiring of individuals for the Corrections Department, stating that they would be adding a total of 53 employees for FY 1991-92. He stated that, at present, the County is not paying any of the new employees, noting that they are being phased in on an activation schedule, as follows: 6 new employees in October; 4 in November; 3 in January; 10 in February; 17 in March; and 13 in May. It was noted that this would comprise a total of 203 people on staff, when the jail is opened; however, it will take substantially more personnel on board when the jail is completely full. It was noted that the State Department of Corrections sets the staffing for the jail.

Mr. Thomas Daugherty, a local resident, appeared before the Board complaining about the additional taxes, and stated that if the Board members that are running for reelection do not wise up, they may not be reelected.

Mr. Bob Weaver, a resident of Umatilla, appeared before the Board stating that the Finance Director, Mr. Jim Schuster, had furnished him with some details about the budget, at which time he questioned several aspects of it, which he felt had some discrepancies.



Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, responded to Mr. Weaver's questions, stating that staff had made some accounting adjustments.

Commr. Swartz recommended some changes in the budget, as the Contingency is very low this year, which concerns him, due to the fact that last year the budget was reduced by almost $3 million, at mid-year, and that some of said funds were taken from the Contingency reserve.

A motion was then made by Commr. Swartz and seconded by Commr. Hanson to move the Public Safety Director position, which is budgeted under Health & General Services, at $59,000.00 (salary, benefits, insurance), back into Contingency and reconsider it at mid-year.

Under discussion, Commr. Bakich questioned whether, at some point and time during the year, should the Board deem it necessary to have that position, it would be funded at that time, to which Commr. Swartz responded that, hopefully, when the books are closed out at the end of this year, the Board will find that they have some cash balances that will allow them to have more in Contingency, and allow them to look at some positions on an as needed basis.

The Chairman called for a vote on the motion, which was carried unanimously.

Commr. Swartz then brought to the attention of the Board the fact that the Environmental Services staff has been working on a Stormwater Utility Study, and because he is concerned that the Board is not ready to fully move forward with the implementation of it, suggested that the funding for same ($98,000.00) be moved from the Environmental Services budget into Contingency, and that, mid-year, the Board take a look at it and determine whether or not it is a study that they want to reactivate.

A motion was made by Commr. Swartz, and seconded by Commr. Gregg, to transfer $98,000.00 from Environmental Services to Contingency, as alluded to above, and that, mid-year, the Board reconsider the matter and determine whether or not it is a study that they want to reactivate.

Under discussion, Commr. Gregg stated that this particular item is part of Lake County's Comprehensive Plan, and if the Board delays it too long, they are going to need to amend the Comprehensive Plan.

Commr. Swartz concurred, however, stated that the Board is going to have to look very seriously at the ramifications of what the stormwater issue deals with and make a decision regarding whether or not to move forward with it.

The Chairman called for a vote on the motion, which was carried unanimously.

Commr. Swartz then requested the Board to consider adopting a position whereby, during the coming year, when the Board looks very comprehensively at all the County programs and priorities (which might result in a reduction in force) that rather than be faced with having to lay people off at mid-year, or at the end of the year, that prior to filling any positions that may become vacant during the course of the year, that said vacancies be brought before the Board and have the department head involved with it justify the necessity of said position, and let the Board deal with it on a case-by-case basis.

A motion was made by Commr. Swartz and seconded by Commr. Hanson to instruct staff to handle any vacancies which may occur during the course of the coming year, as alluded to above.

Under discussion, Commr. Gregg stated that he feels the recession is continuing, and that the Board is going to have to call on staff to review every position. He stated that there are a lot of positions set up based on user fees funding, and that in some areas those user fees are continuing to be less than projected, and before the County finds itself in a deficit position regarding same, they need to take a look at those positions, as it may be such that the County cannot depend on attrition to solve the problem.

Commr. Bakich concurred, and Commr. Hanson interjected that the Board has been working on a project for the new year, where each department will be evaluated, through the department heads. She stated that they have been to Palm Beach County (who has cut $79 million from their budget) to study their blueprint and see what they can learn from it, and that personnel from Palm Beach County has agreed to work with this County, over the course of several months, to help them get through the next budget. She stated that the Board realizes taxes cannot continue to go up, and that the County has to live within its budget and make it work; however, it is going to be very painful, because there will be certain programs that will have to be cut.

The Chairman called for a vote on the motion, which was carried unanimously.

Ms. Anderson, Executive Director of Administrative Services-Budget, then referred to a memo which she had prepared for the Board concerning the Parks Facilities Budget. She stated that she had met with Mr. Jim Stivender, Executive Director of Public Works, and Mr. Chuck Pula, Director of Parks & Facilities, regarding same. She stated that the proposed budget currently showing in the County Transportation Trust Fund is $364,254.00, and that the transfer from the General Fund is $50,000.00. The memo noted that, based on 10 months of historical information provided through the Parks Maintenance daily logs, for personal services, a pro rata amount of $35,000.00 can be transferred from the Transportation Trust Fund to the General Fund.

Ms. Anderson stated that a delay in the roof renovation of the Old Courthouse, until mid-year, would free up an additional $110,000.00, at which time she noted that the County Attorney's Office had researched whether said renovation would be eligible for the Infrastructure Sales Tax, and found that it would. She then noted that the balance which would remain, for the entire Parks Facilities Budget to be funded, would be $169,254.00, which could be transferred from Contingency (leaving a balance in that account of $175,640.00) or from Cash Reserve (reducing it to $2,080,746.00). She stated that the development of an indirect cost allocation plan, put in place mid-year, would result in additional revenue going into the General Fund, for administrative costs, and would replace the above reduction to Contingency or Cash Reserve.

A brief discussion occurred, at which time Mr. Mike Anderson, Director of Capital Improvements and Interim County Manager, informed the Board that some "Band-Aid" maintenance had been done to the roof of the Old Courthouse, noting that it is in bad condition, but felt that it would probably hold up for another six months or so, with normal patching, until the County could afford a full blown project.

Commr. Gregg stated that he was concerned about the fact that the County keeps tapping the County Transportation Trust Fund and the Infrastructure Sales Tax Fund for everything under the sun, and felt that the County needs to be cautious with said funds, to which Commr. Bakich concurred.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a request to transfer $110,000.00 (which was to be used to renovate the roof of the Old Courthouse) and $169,254.00 (from Cash Reserve) into the Parks Facilities Budget, leaving a balance in the Cash Reserve account of $2,080,746.00.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution (No. 1991-149) adopting a final countywide millage rate of 4.938 mills for Fiscal Year 1991-92, and providing for adoption of a final millage rate of 4.0 mills for the "Greater Hills Municipal Service Taxing Unit", as read in full.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution (No. 1991-150) adopting a final millage rate for the North Lake County Ambulance District for Fiscal Year 1991-92, as read in full.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved a resolution (No. 1991-152) adopting a final countywide budget for Fiscal Year 1991-92, in the amount of $116,273,678.00.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a resolution (No. 1991-151) adopting a final budget for the North Lake County Ambulance District for Fiscal Year 1991-92, in the amount of $825,292.00.

At this time, Ms. Anderson, Executive Director of Administrative Services-Budget, informed the Board that there was an error in the dollar amount for Resolution No. 1991-151, for the North Lake County Ambulance District. She stated that the correct figure is $898,929.00.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved to reconsider a motion to approve Resolution No. 1991-151, adopting a final budget for the North Lake County Ambulance District for Fiscal Year 1991-92, as corrected.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved a resolution (No. 1991-151) adopting a final budget for the North Lake County Ambulance District for Fiscal Year 1991-92, as corrected, in the amount of $898,929.00.

Mr. Tom Neumayer, Director of Corrections, appeared before the Board stating that he has managed five correctional institutions, in four different states, and commended the staff of the Office of Management and Budget, as well as the other departments that he dealt with, for making a painful process not quite as painful. He stated that staff's responses were timely and professional and wanted to thank them for doing a fine job.

Commr. Hanson then thanked the Constitutional Officers for working so well with the Board in putting this budget together.





There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:45 p.m.







_______________________________

DONALD B. BAILEY, CHAIRMAN

ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



SEC/9-17-91/9-25-91/BOARDMIN