A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 10, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, December 10, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Mike 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.

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

COUNTY EMPLOYEES/PERSONNEL/PURCHASING

The Chairman, Commr. Bakich, presented Mr. William (Bill) A. LeHeup, Director of Purchasing, with a plaque and resolution, upon his retirement, in appreciation of his service to the County since May 12, 1981 (10 1/2 years).

MINUTES

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved the Minutes of October 15, 1991 (Special Meeting), as presented, and postponed action regarding the Minutes of October 15, 1991 (Regular Meeting) until the Board Meeting of December 17, 1991.

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

CONSTITUTIONAL OFFICERS

CLERK'S CONSENT AGENDA

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

Accounts Allowed

Request for payment of Warrant No. 143845 through Warrant No. 144132, for the following accounts:

County Transportation Trust Landfills

County Fire Control Fund General Revenue

Private Industry Council Mosquito Control

Aquatic Weed Miscellaneous/Gas Fund

Resort & Development Fund Tax Commissary Trust Fund

Capital Outlay Emergency 911 Fund

Countywide Library Animal Shelter Trust Fund

Section 8 Road Impact

Criminal Justice Trust Fund



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



COUNTY MANAGER'S CONSENT AGENDA

Commr. Gregg questioned Ms. Kathy McDonald, Interim Director of Health & General Services, regarding a request for adoption of a resolution to support the location of a Veteran's Administration Medical Center in Volusia County.

A brief discussion occurred, at which time Commr. Gregg stated that, from his understanding, they were looking at three to four different areas and he did not think the Board should support a request to locate the Medical Center in Volusia County, over the other counties, when they did not have all the facts.

The Board deleted this request from the Consent Agenda and requested staff to check into the matter and bring additional information back to them at a later date.

Commr. Swartz requested that a request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made, and other services that do not require bids or quotes; and a request for final approval of Pine Island Estates, and the acceptance of a Conservation Easement, be pulled from the Consent Agenda and handled separately.

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

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











Accounts Allowed/Administrative Services-Budget

Budget Transfers



Request for approval of budget transactions, as follows:



a. Request from Administrative Services-Budget for budget transfers, as follows:



Transfer of funds, in the amount of $80,000.00, from Capital/Solid Waste Management to Operating/Waste Tire Grant IV ($45,000.00) and Capital/Waste Tire Grant IV ($45,000.00) in the Landfill Fund of the Department of Environmental Services.



Transfer of funds, in the amount of $6,444.00, from Contingency to Other Miscellaneous/Administrative Support, in the General Fund of the Department of Administrative Services/Office of Management & Budget.





b. Request from Administrative Services-Budget for approval of a resolution requesting that the General Fund be amended, in order to receive unanticipated revenue from the Concealed Weapons Applications, in the amount of

$590.00, as provided for under Chapter 790, Florida Statutes, Section 790.06 (15).



Accounts Allowed/Contracts, Leases & Agreements



Request for signature and encumbrance of funds for McNaughton Book Services Lease Agreement, in the amount of $12,749.76 (budgeted).



Accounts Allowed/Contracts, Leases & Agreements/Municipalities



Request for execution of the Interlocal Agreements for

FY 90-91 and 91-92, between the Town of Howey-in-the-Hills and Lake County, whereby the County will provide fire protection services to the Town for a fee of $19,993.46.



Rights-of-Way, Roads & Easements/Subdivisions



Request for final plat approval of Highland Lakes, Phase 1-B, subject to the County Attorney's review and approval, and acceptance a Conservation Easement (177 lots in District 2).



Rights-of-Way, Roads & Easements



Request to accept the following Non-Exclusive Easement Dedication:



Ralph Maier/Barnett Bank - District 2



Accounts Allowed/Bonds/Zoning



Request for consideration of Release of Reclamation Bond for Maury Carter Sand Mine, CUP #87/2/4-4, in the amount of $3,275.00.



Accounts Allowed/Bonds/Subdivisions



Request to release a maintenance bond for Greater Hills, Phase I, in the amount of $124,785.90 (99 lots in District 2).











Deeds/Rights-of-Way, Roads & Easements/Roads-County & State



Request to accept the following deeds:



Non-Exclusive Easement



Romeo F. and Frances Daniels, Lake View (5-7307)



Statutory Warranty for Lot Approval



Pat's Island, Inc., Keene Road (5-8165)



East Forest, Inc., Keene Road (5-8165) and County Line Road (5-8161)



Island Lake Properties, Inc., County Line Road (5-8161)



West Forest, Inc., County Line Road (5-8161)



North Line, Inc., Keene Road (5-8165) and County Line Road

(5-8161)



Deeds/Roads-County & State/Subdivisions



Request to reserve the following Murphy Act State Road Reservation:



Deed No. 2579 - Marian J. and Arthur P. Iverson - Reserve 50 ft. from centerline on C-435, Mt. Plymouth, Section "A" Subdivision.



ACCOUNTS ALLOWED/ADMINISTRATIVE SERVICES-BUDGET/BUDGETS

Commr. Swartz questioned a request from Fire Protection to encumber funds, from the fire service, for the Unisys Corporation computer maintenance agreement that was involved in the Special Assessment Department. He stated that all said equipment was given to the Property Appraiser's Office to use in conjunction with fire services, therefore, did not think that Fire Protection should have to fund the entire cost of same.

Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, interjected that the amount that has been requested pertains just to Fire Protection, noting that the total bill is $24,000.00.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board granted approval of specifications, quotes, encumbering funds previously authorized, payments to be made, and other services that do not require bids or quotes, as follows:



(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) Corrections Specifications for Inmate Property Storage Hanging Lockers. Projected

Amount

$ 18,000.00

(2) Corrections Specifications for Security and Restraint Equipment. Projected

Amount

$ 6,000.00

(2) Award Bid and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Environmental

Services

Tire Eagle Inc. /Waste tire management, rim removal, shred and return to landfill. Grant fund. $ 20,000.00
(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) Environmental

Services -

Solid Waste

M & C Pipe and Supply /Materials to construct and assemble auxiliary spray evaporation system for ash monofil leachate evaporation system. $ 3,674.73
(2) Health and

General Svcs -

Fire Districts

New Wave Water Treatment Systems Inc. /Water treatment and water chlorinator for well at Station 93. $ 1,800.00
(3) Public Works -

Road Operations

Unidrem Tech Inc. /Viking model 2000-1 electric hot water cleaning system. Use to clean heavy equipment. $ 2,885.00
(5) Approve Other Payments and Encumber

Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Health and

General Svcs -

Fire District

Astatula Volunteer Fire Department /Payment to Astatula Volunteer Fire Department to make truck payment. Blanket purchase order for October 1991 payment of $3,418.21 and April 1992 payment of $3,418.21 per Ordinance 1990-24. Contract # P442. $ 6,836.42
(2) Environmental

Services -

Mosquito Control

Adapco /(20) gallon permanone 31+66 at $320/gallon and (55) gallon archex 796 at $3.90/gallon used in mosquito control. Sole source vendor statement attached. $ 7,043.50
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Corrections -

FF & E Fund

Data Maxx /(1) data maxx #1227 display terminal and keyboard, (1) AP1337-24 pin heavy duty printer, for FCIC and NCIC criminal history system. $ 1,275.00
(2) Corrections -

FF & E Fund

Florida Department of Law Enforcement /)One time data circuit installation cost contract before BCC for approval for FCIC and NCIC criminal history system. est.

$ 1,000.00

(3) Corrections -

Medical

Dr. Eugene W. Glenn /Monthly billing for inmate dental care services. $ 1,240.00
(4) Corrections -

Medical

Waterman Medical Center /Inmate medical care for Clifton G. Beasley. $ 2,674.19
(5) Public Defender -

Court System

Michelle T. Morley /Blanket purchase order per contract with attorney Michelle T. Morley and Howard H. Babb Jr. and Lake County, wherein Ms. Morley will provide legal representation of indigents in criminal court proceedings when Public Defender's Office has a conflict. Copy of contract attached to BCC copies. $ 40,000.00

paid at

$ 3,333.33

per month

(6) Capital

Improvements

Florida Power /Change order for supplemental requisition for purchase order # 70082 to be increased to cover utility services to Criminal Justice Facility. Project p.o. total with increase will be $12,500.00. $ 10,500.00

increased

amount

(7) Capital

Improvements

Florida Power /Change order for supplemental requisition to increase purchase order # 70081 total to $124,749.00 for utility services for main jail. $114,249.00

increased

amount

(8) Chairman's Signature and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR DESCRIPTION OF

ITEM



AMOUNT
(1) Public Works -

Engineering

Shell Office Systems /Execute maintenance agreement on Canon NP680 micro fiche reader printer. Property # 14301. $ 1,080.00





The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.



(5) Approve Other Payments:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Corrections -

Medical

Lake Pharmacy /Monthly billing for over-the-counter drugs and prescription drugs. Bid decision not yet final. Corrections department in final stages of evaluations. $ 6,936.98
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
Health and

General Svcs -

Fire District

Unisys Corporation /Fire service cost for maintenance agreement to County Property Appraisers Office. Equipment (fire service portion of that agreement) used per interlocal agreement for non-ad valorem assessment services. $ 6,868.08





RIGHTS-OF-WAY, ROADS & EASEMENTS/SUBDIVISIONS

Commr. Swartz stated that he could not support this request, at this time, however, would support postponing it to a later date. He then stated why he could not support the request.

A brief discussion occurred, at which time it was the consensus of the Board to postpone action regarding this request - a request for final approval of Pine Island Estates, subject to the County Attorney's review and approval; and acceptance of a Conservation Easement, until the Board Meeting of December 17, 1991.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES-BUDGET/BONDS

Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, explained this request.

A brief discussion occurred regarding the request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the selection of the firm of Deloitte & Touche, as recommended by Public Financial Management (PFM), to be the Verification Agent for the Sales Tax Refunding Revenue Bonds, Series 1991.

COUNTY MANAGER'S SUPPLEMENTAL AGENDA

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

ADMINISTRATIVE SERVICES-BUDGET/BONDS

Ms. Eleanor Anderson, Executive Director of Administrative Services-Budget, explained this request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request to authorize Public Financial Management (PFM) to proceed as follows:

a. Negotiate with Paine Webber on the purchase of the securities for the escrow.

b. Negotiate an insurance commitment.

c. Selection of First Union as the Paying Agent, Registrar and Escrow Agent.

d. Selection of Daniels Printing Company to serve as printer.

ACCOUNTS ALLOWED/ENVIRONMENTAL SERVICES/MUNICIPALITIES

Mr. Don Findell, Executive Director of Environmental Services, explained this request.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved recycling expenditure credits (in the form of cash payments) to the cities of Clermont, Eustis, Leesburg, and Howey-in-the-Hills, in the total amount of $10,326.98.

CONTRACTS, LEASES & AGREEMENTS/ENVIRONMENTAL SERVICES

STATE AGENCIES

Mr. Don Findell, Executive Director of Environmental Services, explained this request.

A brief discussion occurred regarding the request.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a request for authorization to execute the FY 91-92 Department of Environmental Regulation Agreement, for the Pollutant Storage System Compliance Verification Inspection Program.

HEALTH & GENERAL SERVICES/LIBRARIES/MUNICIPALITIES

Ms. Kathy McDonald, Interim Executive Director of Health & General Services, explained this request. She noted that said funds are not budgeted, therefore, a budget amendment would have to be approved.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a proposal for a Depository Library System to be established at various locations throughout the County, with the understanding that any agreements made with those communities or locations will have to come back to the Board for approval and adoption.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

ROADS-COUNTY & STATE

It was noted that a request for approval of an agreement between Lake County and Horne Properties, Inc., and an agreement between Lake County and Wal-Mart, Inc., to construct a portion of the East/West Connector, at an estimated cost of $407,000.00, had been deleted from the County Manager's Departmental Business, at this time, as requested by the Interim County Manager, Mike Anderson.

ACCOUNTS ALLOWED/BIDS/OUTDOOR RECREATION

Mr. Dave Warren, Director, Tourist Development Council, was present to answer any questions pertaining to this request.

A brief discussion occurred regarding the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a request to go out for bid for the design-build of the Tourist Development Council Welcome Center, at an estimated cost of $210,000.00.

COUNTY MANAGER'S SUPPLEMENTAL AGENDA (CONT'D.)

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS

It was noted that a request to accept an easement deed for Large Lot Waiver, for Mark Copeland, District 2, had been deleted from the County Manager's Consent Agenda portion of the County Manager's Supplemental Agenda, as requested by the Interim County Manager, Mike Anderson.

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

PERSONNEL/COUNTY MANAGER

The Chairman, Commr. Bakich, explained this request.

A brief discussion occurred regarding the request.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board approved a 10% salary adjustment for the Interim County Manager, Mike Anderson, for additional duties performed in the interim position.

Commr. Swartz voted "No", and stated the reason why he could not support this request.

ACCOUNTS ALLOWED/PLANNING & DEVELOPMENT/PUBLIC WORKS

STATE AGENCIES

Mr. John Swanson, Executive Director of Planning & Development, explained this request.

Mr. Don Griffey, Director of Engineering for Public Works, answered questions from the Board pertaining to the request.

It was noted that Public Works would pick a firm, based on staff's analysis of the various firms which had been sent RFPs, and go forward from there.

Mr. Swanson stated that a request for approval of a $1,500.00 Management and Storage of Surface Waters (MSSW) fee, from the St. Johns River Water Management District, was inadvertently left off the agenda, and requested that it be added at this time, as a rider. He stated that it is a permit that they have to have for storm drainage, and that they would like to have it for Phase I of the project.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request to waive the RFP process, for the traffic impact analysis, at the proposed Lake County Central Park (Maximum cost estimated at $10,000.00); and approved the $1,500.00 MSSW fee alluded to above.

COMMISSIONERS' BUSINESS

ACCOUNTS ALLOWED

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

COUNTY MANAGER'S SUPPLEMENTAL AGENDA (CONT'D.)

COMMISSIONERS' BUSINESS (CONT'D.)

APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMISSIONERS

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Commr. Don Bailey to the East Central Florida Regional Planning Council, to replace Commr. Richard Swartz, whose term will expire on December 13, 1991.

APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the reappointments of

R. Richard Boliek and Bruce Phillips to the Code Enforcement Board, with terms to expire October 31, 1994.

CLERK/COUNTY BUILDINGS & GROUNDS

Commr. Gregg brought to the attention of the Board the matter of the Records Storage Building for the Clerk's Office, noting that he had been unable to attend the meeting at which said matter was discussed, and would like to bring the matter back before the Board, for consideration. He noted that Mr. Watkins, Clerk, had just leased two additional spaces, to be used for storage areas, at a cost of $3,600.00 per year.

Mr. Mike Anderson, Interim County Manager, informed the Board that he had planned to reconvene the Jail Task Force Committee, after the first of the year, to go over the Space Study and try to readdress some of the issues which were previously discussed with the Board regarding storage areas.

A brief discussion occurred regarding the matter.

It was the consensus of the Board to bring the matter back before the Board, for action, at the Workshop Meeting scheduled for Fire & Rescue Services, on December 19, 1991.

PUBLIC HEARING

BONDS/HOUSING FINANCE AUTHORITY/RESOLUTIONS

Ms. Lisa Fisher, Executive Director of the Orange County Housing Finance Authority, explained this request.

No one present wished to discuss the matter with the Board.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution authorizing the issuance of up to $75,000.00 in 1992 single family mortgage revenue bonds, to assist in financing the purchase of new or existing owner-occupied residences located in Lake County, as requested by the Orange County Housing Finance Authority, and authorized proper signatures on same.

COMMISSIONERS' BUSINESS (CONT'D.)

HOUSING FINANCE AUTHORITY/PLANNING & DEVELOPMENT

STATE AGENCIES

It was noted that a request by Commr. Swartz, to discuss the report from Housing & Urban Development, pertaining to Section 8 Housing funds being used by the Executive Director of Planning & Development to purchase some furniture and equipment, would not be granted at this time, as the Board felt that the matter had already been properly handled by the Interim County Manager, Mike Anderson.

Commr. Swartz stated that the Board had been given information regarding this matter at an earlier Board Meeting and was assured that the matter would come back before the Board at a later date; however, it did not, thus, his reason for putting it back on the agenda at this time. He stated that he knew the authority upon which the County Manager was able to act, and the Board's authority to deal with the County Manager, and did not feel that his comments would violate Ordinance 1990-5, which gives the County Manager said authority.

The various commissioners stated how they felt about the matter and no further discussion occurred at this time.

BUDGETS/COMMITTEES

Commr. Hanson brought up for discussion the matter of the Palm Beach budget process, stating that a firm will be coming to this county to discuss a process similar to the one used by Palm Beach County later in the week. She stated that she feels the Board needs to look at some kind of process to use, at the beginning of

1992, to get an in-depth reevaluation of this county's budget; however, feels that the Board needs some kind of guidance through the process, as it would be very difficult for the Board to do on its own. She also stated that Palm Beach County had created a committee, made up of local business people, the Sheriff's Department (on a voluntary basis), etc., to work jointly with their Board, to increase county government efficiency, and would like to see this Board create such a committee for this county. Discussion regarding this matter was postponed until a later date.

No action was taken at this time.

OUTDOOR RECREATION/STATE AGENCIES

Commr. Hanson brought to the attention of the Board the matter of the Rails-to-Trails issue, stating that she had been contacted by Mr. Fred Saxon, with the Department of Natural Resources, who requested that they be given a date and time to come before the Board and discuss the matter.

A brief discussion occurred, however, no action was taken at this time.

It was noted that Mr. Chuck Pula, Parks & Facilities Division Director, would have some backup material and a recommendation for the Board at said meeting.

RECESS & REASSEMBLY

At 10:05 a.m. the Chairman announced that the Board would recess until 10:15 a.m.

PUBLIC HEARING

WORKSHOP - LAND DEVELOPMENT REGULATIONS

PLANNING & DEVELOPMENT/STATE AGENCIES

Mr. John Swanson, Executive Director of Planning & Development, thanked the members of the Technical Review Committee for the time and effort they put into reviewing the Land Development Regulations (LDRs) and making their recommendations. He stated that the Board would now need to hold two public hearings regarding the LDRs, one to review them and another to adopt them, at which time approval was given to hold a public hearing on

January 14, 1991, at 5:05 p.m., to review the LDRs, and another public hearing on January 21, 1991, at 5:05 p.m., to adopt the LDRs, noting that they must be adopted by February 1, 1992, in accordance with the Florida Statutes, and in conjunction with the Comprehensive Plan.

Ms. Paulette Alexander, Chairman of the Land Development Regulations Committee, appeared before the Board and discussed the way the committee handled the LDRs, noting that it was a very difficult task, that it continues to be a very difficult task, and is one that requires a great deal of thought and input. She stated that the committee's perspective in reviewing the LDRs was not just as professionals who deal with them on a day-to-day basis. She stated the committee tried to assist the county staff and the consultants in making sure that it is a product that will benefit the County and all of its citizens.

Ms. Gail Easley, Heniger & Ray, appeared before the Board and discussed where the County presently is, and where it is going, as far as the LDRs are concerned. She stated that the County has adopted a plan, and they now need to implement it, however, noted that there are some conflicts between the policy language in the plan and the regulations which are presently in place. She stated that the County now has the opportunity to accomplish the things that they are required to, and the things that they think ought to be done, and do so in a unified code, with a streamlined process, that will be better for the public, as well as the professionals, to use.

Ms. Cyrilla Cook, Heniger & Ray, appeared before the Board and discussed the statutory requirements, the methodology, and the unified code format and how they feel it will improve useability. She then reviewed a matrix pertaining to same, noting that the purpose of the format is to be user friendly. She stated that the LDRs contain 14 chapters, noting that Chapter 14, Administration and Enforcement, is the most important chapter, and that the Board should pay particular attention to it.

Ms. Easley reappeared before the Board and reviewed a chart indicating 14 sections contained in Chapter 14, of the LDRs. She then reviewed the various procedures for handling site plans, PUDs, permits, etc.; the application for PUD or MUQD; Conditional Use Permits, and the procedures for amending the Comprehensive Plan, itself, as well as a means for amending the LDRs.

Mr. Swanson reappeared before the Board stating that there has been considerable discussion about the plats going from the Planning & Zoning Commission to the Board, for final approval, and requested direction from the Board regarding the matter.

A brief discussion occurred, at which time Ms. Easley interjected that this issue could be handled administratively, noting that there are a number of cities and counties that are following that process; however, it would depend on the Board's comfort level with the standards themselves, and with the degree of discretion that goes along with it.

Mr. Greg Beliveau, Land Planning Group, Inc., appeared before the Board stating that when the committee got to Chapter 13, of the LDRs, they shifted some of the responsibilities of the variances to the Board of Zoning Appeals, rather than have them go to the Planning and Zoning Commission. He stated that this allows one body to do all the variances, rather than having them scattered between different boards. He stated that the Technical Review Committee also recommended that appeals come to the Board of County Commissioners, to be heard.

Mr. Greg Stubbs, Director of Current Planning, reviewed some major changes that have been made regarding variances, in the name of efficiency, to expedite the process a little better, and give it more of a technical review, noting that they tried to make the process as streamlined as possible, and feel that the Board is going to like the process in the future. He stated that one of the major changes the committee made was to have the Board of Adjustments review all the variances, rather than the Board of Zoning Appeals, with exception of the variances that are

specifically heard by the Board of County Commissioners. He stated that there are also variances that will go to the Pollution Control Board, so they will actually be dealing with three areas, but feels that the Board of Adjustments is a win/win situation for all concerned.

Mr. Jim Barker, Director of Pollution Control, appeared before the Board and discussed two major areas that are being looked at by staff, noting that they feel the changes they made will streamline the process, as one will only have to learn one set of regulations. He stated that they will be bringing a draft of the delegation agreement to the Board within the next few weeks, for their perusal.

Various other changes that were made were brought to the attention of the Board.

Mr. Tim Hoban, Assistant County Attorney, appeared before the Board and discussed how the Technical Review Committee is presently set up and changes that will be made in it.

Ms. Cyrilla Cook referred to a table concerning densities and side setbacks, at which time a brief discussion occurred regarding same.

Regarding the table alluded to by Ms. Cook, concerning design standards, Ms. Easley recommended that staff work with functional standards. Another recommendation was, if the need for interpretation arises, that a file of interpretations be created, which will become the basis for future revisions, should the need arise.

Commr. Bakich stated that he would like to see this done, and questioned how it could be implemented.

Ms. Annette Star Lustgarten, County Attorney, recommended that a sentence be inserted that states that any interpretation of the Land Development Regulations shall be in writing, and shall be kept in a file in the Planning and Zoning Department.

Ms. Easley stated that, once the code is adopted, the Board will find that they will need to do some fine tuning and

adjustments, for approximately six months; therefore, she suggested that staff not send them to Municipal Code, in Tallahassee, for codification, until that six months period of fine tuning has passed, as it will save the County some money.

Ms. Easley brought up the matter of site-by-site approach versus regional approach, stating that it was their interpretation that the Comprehensive Plan called for the site-by-site approach, rather than the regional, and requested clarification on the matter.

Ms. Alexander interjected that the Technical Review Committee recommended that the County go to a regional approach and stated the reason why.

A brief discussion occurred regarding the matter, at which time the County Attorney, Ms. Lustgarten, stated that the Comprehensive Plan is the guiding document, and that the County has to look at what the intent of that document is.

Mr. Barker stated that there is an administrative function involved that makes site-by-site simpler to track than region-wide.

Commr. Gregg brought up the matter of wetlands, and how they would be affected by the site-by-site approach, at which time considerable discussion occurred regarding same.

Mr. Barker stated that staff would like to have the option of looking at the regional approach, as well as other areas.

It was the consensus of the Board to do so.

The Board thanked the representatives of Heniger & Ray, as well as staff, for an excellent presentation, and the time and effort that was put into it.

No action was taken at this time.

PUBLIC HEARING

ORDINANCES/OUTDOOR RECREATION

Mr. Chuck Pula, Director of Parks & Recreation, explained this request.

It was noted that the word "fishing" would be struck from the proposed ordinance.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved an amendment to the ordinance regulating the use of Sylvan Shores Park, as stated.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board adopted the proposed ordinance regarding Sylvan Shores Park, as requested by Mr. Chuck Pula, Director of Parks & Recreation, as amended.

COMMISSIONERS' BUSINESS (CONT'D.)

OUTDOOR RECREATION/STATE AGENCIES (CONT'D.)

Commr. Bailey again brought up for discussion the matter of Rails-to-Trails, and questioned Mr. Chuck Pula, Director of Parks & Recreation, as to how soon he could get something to the Board regarding the matter.

A brief discussion occurred, at which time it was noted that the urgency of the matter is that CSX Railroad is again beginning to sell off property involved to individual landowners, which will make it more difficult in trying to acquire all of the needed rights-of-way. He stated that the Department of Natural Resources (DNR) would like to find out whether or not this Board would be interested in entering into an agreement, whereby this County would purchase the needed property and CSX would then reimburse the County for said purchases.

It was noted that the Board Office would schedule the time of 9:00 a.m., on December 19, 1991, for the Department of Natural Resources to give a brief presentation concerning the issue of Rails-to-Trails.

No action was taken at this time.

HOUSING FINANCE AUTHORITY/PLANNING & DEVELOPMENT

STATE AGENCIES (CONT'D.)

The Board had decided, earlier in the meeting, that a matter regarding the HUD report pertaining to Section 8 Housing funds being used to purchase furniture, equipment, etc., and the memorandum from Mike Anderson, Interim County Manager, in response to it, had been properly handled by the County Manager and would

not be pursued further, however, after reevaluating the matter, decided that they would briefly readdress it.

Commr. Swartz stated that he wanted to go on record that he did not agree with the action taken by the Interim County Manager, Mike Anderson, in that a memo would be put in Mr. Swanson's personnel file; however, he commended Mr. Anderson for trying to do a thorough job. He also stated that he felt Section 8 Housing should be moved back under the Division of Health & General Services and housed there, for two reasons - one being that he felt it was the logical thing to do, and secondly, that what happened should have caused that reorganization to occur. He felt that it was essential that that reorganization take place, and requested the matter to be considered. He then stated his reasons for bringing the matter before the Board, for discussion.

It was noted that the decision of whether or not to move Section 8 Housing back under the Division of Health & General Services would be left up to the new County Manager.

No action was taken at this time.

COMMITTEES/FIRE PROTECTION

It was noted that the workshop on the results of the study committee evaluating fire/rescue assessments would be postponed at this time and would be held on Thursday, December 19, 1991.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:20 p.m.





______________________________

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







_______________________________

JAMES C. WATKINS, CLERK



SEC/12-10-91/1-8-92/BOARDMIN