A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 7, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, April 7, 1992, 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; Richard Swartz; Don Bailey; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Toni M. Riggs, Deputy Clerk.

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

MINUTES

On a motion by commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the January 21, 1992

(Special Minutes-LDR Workshop), as presented.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of February 18, 1992 (Regular Meeting), as presented.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of February 20, 1992 (Leesburg Townhall Meeting), as presented.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of March 3, 1992 (Regular Meeting), as presented.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of March 3, 1992 (Public Hearing - Road Impact Fees), as presented.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of March 19, 1992 (Joint Meeting Between BCC & City of Eustis), as presented.



PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES

The following presentations were made by Commr. Bakich, Chairman, and Ms. LeEster D. Koranteng, Personnel Assistant, presented comments on each employees' job performances:

Presentation of Plaques to Employees with Five Years of Service

Billie Jo Bates - Records Clerk - Corrections

Raymond J. Brittian - Firefighter - Fire Suppression

Robert R. Hasek - Equipment Operator III - Maintenance Area I

(Jim Stivender, Director of Public Works, accepted the award

in his absence)

Julius Peeples - Corrections Officer - Corrections

Wendell G. Perry - Bailiff - Bailiffs



Presentation of Employee of the Month Plaque and Savings Bond



Ms. Lois Martin, Director of Personnel, presented comments on the following employees' job performance, with Commr. Bakich, Chairman, presenting the plaque and bond:

LeEster D. Koranteng, Personnel Assistant, Office of Personnel, was selected for April, 1992.



CONSTITUTIONAL OFFICERS

CLERK OF COURTS CONSENT AGENDA

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

Accounts Allowed

Payment of County bills and bills of indigents, Warrant #148350 through #149233, for the following accounts:



County Transportation Trust General Revenue

Capital Outlay Section 8

Mosquito Control Landfills

Aquatic Weed Miscellaneous/Gas Fund

Fire Districts Countywide Library

Private Industry Council Commissary Trust Fund

Emergency 911 Fund Resort & Development Fund Tax

Northeast Ambulance Greater Hills MSTU

Revenue Sharing Sales Tax

Animal Shelter Trust Fund Road Impact

School Impact Fee Trust



Accounts Allowed/Deeds



Receipt of unclaimed excess proceeds due landowners on applications for tax deeds totaling $38,398.89.



Accounts Allowed/Courts-Judges



Satisfaction of Judgment, Case No. 91-28,158TT001LC, State of Florida vs. Jonathan Wesley Williams, in the amount of $609.50.

Accounts Allowed/Courts-Judges



Satisfaction of Judgment, Case No. 88-438-CFA-DS, State of Florida vs. Lewis Wayne Tallman, in the amount of $250.00.



Utilities



Acknowledge receipt of the notice regarding a natural gas rate increase of 5.54% from Peoples Gas System, Inc., with synopsis.



Utilities



Acknowledge receipt of the notice regarding a retail rate increase from Florida Power Corporation, with the Rate Case Synopsis.



CLERK'S OTHER BUSINESS

BUDGET TRANSFERS/BUDGETS/CLERK/COMMUNICATIONS

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request to transfer $8,629.00 to the Clerk's budget to cover first eight (8) month expenses for telephones and "on-Call" salary expense, in connection with the 24-hour injunctions for protection against domestic violence.

COUNTY MANAGER'S CONSENT AGENDA

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

Accounts Allowed/Bids/Administrative Services-Budget



(2) Award Bids and Encumber Funds:



(1) Public Works Recommended that bid #049

Fleet Maint. -445-092 be awarded to the

following 5 vendors in the

best interest of Lake

County and procuring

lowest bidder.

(1) Florida Tire Supply/ $ 1,930.00

low bid on Air Flate

Tire Changer.

(2) Tools Warehouse/ Low $ 290.13

bid on drill Sharpener,

Mini Air Saw, Tap & Die

Set, Calipers.

(3) Jim Moellentine, Snap $ 292.00

-On/ Bidder meeting

specifications of Air

drill and accessories.

(4) Alright Tool Co./ $ 2,175.40

Bidder meeting Spec.

on misc. shop tools.



(5) Florida Tire Supply/ $ 5,385.00

Low bid on Anti-freeze

Recycle Mach. with

Chiller.

(6) Florida Tire Supply/ $ 5,500.00

Low bid on Truck Tire

Balancer.

Total Bid $ 15,572.53



(2) Public Works Recommend approval of $ 9,637.00

Spec. Svc. request to utilize Bid

#B-2-2-25 for Traffic

Control Devices as bid

by Seminole County.

Low bid vendor is Traffic

Control Devices, Inc. The County is a member

of SICOP. Light to be in-

stalled in Intersection at

C-437 & SR 46. Per D.O.T.

request.



(3) Corrections Recommend of Bid #048-485 $ 3,750.00

092 be awarded in two part.

Part I to Eco-Lab for

Kitchen & Laundry chemicals

with automatic dispensing

sys. Recommendation based

on product cost, overall

low bid, and effectiveness

of Oasis Tower dispensing

sys. Est. 6 month cost based

on current Inmate population.

Part II Housekeeping $ 18,000.00

chemicals with automatic

dispensing sys. to Colonial

Paper Co., recommendation

based on overall low bid,

and effectiveness of Carroll

Solution Sys. Est. 6 month

cost based on current inmate

population.



(3) Approve Quotations and Encumber Funds:



All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1000 for approval

in accordance with current procedures adopted by the Board and

authorized by the County Manager).



DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT



(1) Health & General Mobile Equip. Svc./ $ 1,200.00

Fire Svc. Relief valve for Eng. 66

Prop # 10750, relief valve

missing. Includes parts

and labor.



(2) Health & Gen. Svc. Northwest Truck Parts/ $ 2,450.00

Fire Svc. Replace engine in prop.

#8862 Tanker/Woods Truck.



(3) Public Works Diesel Engine Rebuilders $ 3,750.00

Fleet Maint. of Tampa Bay/ Parts and

labor transmission over-

haul. Prop # 7328. 120

Cat Grader.





(4) Public Works Lasher Feed/ low bid $ 1,827.50

Road Oper. 170 fence posts for

Lakes; Mack, Mc Tureous,

Summeral and Gem, Parks.



(5) Public Works R & R Supply/ Replace $ 1,775.39

Building Maint. compressor damaged by

transformer failure.

R & R only vendor that

will accept trade-in.

To be reimbursed by

Insurance Company.



(4) Encumber Funds Previously Authorized:



DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT



(1) Corrections Lance, Inc./ Blanket $ 2,400.00

Commissary purchase order for the

month of April 1992 -

Sept. 30, 1992 at appx.

$400 per month. Items for

resale to inmates. Bid #

002-092.



(2) Corrections Ernie Morris/ Wooden $ 3,350.04

Inmate Welfare Bookcases for Inmate

Fund law library. County

Bid #003-618-092.

$335.01 ea.



(3) Environmental Svc. Bob Crawford Comm./ $ 3,000.00

Ag. Center 1991-92 County Forester

assessment. Contract #P7.



(4) Health & Gen. Svc. E.L. Williams/ Blanket $ 4,914.00

Fire Svc. P.O. for fuel for Mar.

1, 1992 thru Sept. 30,

1992. County Bid #010-

405-092.



(5) Approve Other Payments and Encumber Funds:



DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT



(1) Environmental Svc. Dickey Scales, Inc./ $ 2,934.00

Solid Waste 6 cap covers that are

cracked on both inbound

and outbound scale.



(2) Environmental Svc. Ringhaver Equip./ Repair $ 31,369.00

to prop.#12165 Cat E7H

dozer undercarriage.

Budgeted repairs.

(3) Public Works Fort Mason Tractor/ $ 1,357.60

Fleet Maint. Center gear box & right

wing gear box to repair

310 mowers, Prop #14004

& Prop #14005. Specialty

parts sole source vendor

for this area.





(4) Pubic Works Peoples Gas/ Blanket $ 1,500.00

Courthouse Maint. Purchase order for remainder

of FY March 1, 1991 -

Sept. 30, 1992, for heating

old courthouse.



(5) Public Works Ringhaver Equipment/ $ 9,594.71

Fleet Maint. Parts to overhaul 120G Cat

Grader Prop # 7328, sole source.



(6) Public Works Lake Generator Service,Inc/ $ 2,300.00

Maintenance Repair and up-

grade on Public Works

emergency generator to

replace automatic transfer

switch which will allow

generator to be on line in

the event of an emergency.



(7) Public Works Goodyear Auto Svc./ $ 2,730.64

Fleet Maint. 4 #205-25 12 SGLEL

2A4S NYTL tires for

prop.#11492/J35324

950 front end loader.

St. Contract #863-000-

89-1.



(8) Public Works Electric Services Inc./ $ 23,680.00

Building Maint. Emergency repairs for

transformer failure

fire at courthouse. To

be reimbursed by Insurance

Company.

(9) Health & General Troys Auto Parts/ Change $ 1,000.00

Fire Service order to increase P.O. Increased from $600 to $1600 due to amount unexpected increase in

repairs.



(6) Approve Services That Do Not Require Bids or

Quotes and Encumber Funds:



DEPARTMENT/DIVISION DESCRIPTION OF ITEM AMOUNT



(1) Corrections Vital Issues Projects/ $ 5,966.10

Inmate Welfare Publisher of workbooks on

Fund life skills for inmates.

70 copies.



(2) Corrections Leesburg Regional Med. Cnt/ $ 10,189.95

Medical Inmate medical care.



(3) Corrections Waterman Medical Cnt/ $ 8,384.90

Medical Inmate medical care.



(4) Corrections Dr. Richard Basshardt $ 1,075.00

Medical Inmate medical care.



(5) Corrections Lake Pharmacy/ $ 6,482.17

Medical over the counter and

prescription drugs for

inmates for the month

of February 1992.





(6) Health & Gen. Svc. C L S I/ peripherals: $ 2,829.96

Library Sys. Quarter 6/30/92.

Contract #B329

(7) Public Works Mike's Mobile Repair/ $ 1,127.53

Fleet Maint. Parts & labor to repair

prop.#10302/J#5178.

10 wheeler dump truck.

Budgeted repairs.



Administrative Services-Budget/Accounts Allowed/Resolutions

Sheriff's Department/Budget Transfers



Request to approve the following budget transactions:



a. Request to rescind motion approving resolution on March 3, 1992, amending the General Fund in order to receive unanticipated revenue in the amount of $930.00, and motion to adopt correcting resolution. The appropriations account line has been changed and the new resolution identifies the new account line. ($6,965.50)a



b. Budget transfer and reimbursement to Sheriff:



Fund: General

Department: Sheriff

From: Contingency-Sheriff $10,000.00

To: Law Enf.-Other Expenses $10,000.00

Transfer #: 92-0096



Accounts Allowed/Health & General Services/Public Health



Request authorization of payment of the monthly Medicaid Hospital bill in the amount of $23,134.77, and the Medicaid Nursing Home bill in the amount of $32,348.12 for the month of February.



Accounts Allowed/Contracts, Leases & Agreements/State Agencies

Emergency Management



Request by Emergency Management for signature on FY 92 Emergency Management Assistance (EMA) Agreement between the State of Florida Department of Community Affairs and Lake County for $21,177.00.



County Employees/Personnel



Request for approval of certificates to employees with one and three years of service.



Planning & Development/Subdivisions



Request for preliminary plat approval of Spring Lake Pines Subdivision. (71 lots in District 1).



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



Request for final plat approval of Silver Lake Forest, Phase II; accept an Irrevocable Letter of Credit in the amount of $11,250.00 for maintenance; and accept the following road into the County maintenance system: Lake Bend Circle (1-4933B), subject to the County Attorney's review and approval. (82 lots in District 1)



Accounts Allowed/Roads-County & State/Subdivisions



Request to accept a corrected Irrevocable Letter of Credit in the amount of $6,600.00 for performance of roads in Garden City Subdivision, Phase IA; and accept an Irrevocable Letter of Credit in the amount of $31,385.46 for performance of a public well.

Accounts Allowed/Subdivisions



Request to release an Irrevocable Letter of Credit in the amount of $6,000.00 for Trails of Montverde, First Addition. (21 lots in District 2)



Accounts Allowed/Bonds/Resolutions/Roads-County and State

Subdivisions



Request to release a performance bond in the amount of $57,200.00 for Blue Lake Bend; and accept the following road into the County maintenance system: Cattail Drive (4-5674). (15 lots in District 4)



Accounts Allowed/Bonds/Subdivisions



Request to release a maintenance bond in the amount of $16,815.00 for Rolling Oak Estates. (114 lots in District 4)



Bonds - Mobile Home



Request to approve the following new Mobile Home Bond:



Anthony DiNatale - Clermont area - District 2



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following Non-Exclusive Easement Deeds:



FOR LARGE LOT WAIVER



Knut Kjenslie, District 2

Charles McDaris - District 3

Don Bruno, District 2

Santiago deJuan, District 2



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following right-of-way deeds for Swan Road:



Doris Hanley

David R. Parks and Barbara J. Parks



Deeds/Roads-County & State



Request to accept the following Statutory Warranty Deed:



Shirl Joseph Stephany - Demko Road - #5-8371



Deeds/Roads-County & State



Request to reserve the following Murphy Act State Road Reservation:



Deed No. 1389 - Robert J. and Carol J. Fedor - Northeast of Fruitland Park - request to reserve 33 feet from centerline of Eagles Nest Road, #1-6611.



Assessments/Resolutions/Road Projects



Request to execute a resolution to make necessary corrections to the Project No. SA-70, Crescent Drive assessment roll.





Assessments/Resolutions/Road Projects



Request to execute a resolution to make necessary corrections to the Project No. SA-69, Ocala Forest Campsites No. 4, Shockley Heights, assessment roll.



Roads-County & State/Signs/Public Works



Request to post a "Stop Ahead" sign, a "Stop" sign, and a white stop bar for the westbound traffic on Gray's Airport Road (#1-7310).



Roads-County & State/Signs/Public Works



Request to accept the emergency placement of a stop sign at the intersection of Johns Lake Road (#3-1158) and Hancock Road (#3-1254).



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/COURTHOUSE/JAILS

Mr. Peter F. Wahl, County Manager, discussed the request for approval to proceed with the RFP for architectural services for renovation of the Round Courthouse and Old Jail, with an estimated cost of $275,000.00. Mr. Wahl stated that a committee is currently working on the allocation of space, with Commr. Hanson chairing this particular committee, and that he would like the architect that is selected to assist in finalizing the allocation of space. He further stated that Mr. Mike Anderson, Director of Capital Improvements, is following through with the request to have someone designated from each constitutional office to work with him, and determining the actual allocation and distribution of the space.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved to proceed with the RFP for architectural services for renovation of the Round Courthouse and Old Jail, at an estimated cost of $275,000.00.

COUNTY PROPERTY/APPRAISALS/MUNICIPALITIES

Discussion occurred regarding a request to sell County property in the Astor area. Mr. Peter F. Wahl, County Manager, stated that there are two reasons for recommending denial of the request, as follows: 1) the offer received is below the appraised value; and 2) with the property being in the Astor area, the request is premature, until the County evaluates other improvements, or development that may be necessary in the future.

Mr. Jim Stivender, Executive Director of Public Works, stated that there is a lot of low land and swamp land, and that these are two lots that are high and dry and wooded, and may be used in the future.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board denied the request to sell County property in the Astor area.

APPOINTMENTS-RESIGNATIONS/POLLUTION CONTROL/COMMITTEES

Mr. Peter F. Wahl, County Manager, discussed a request from Pollution Control for approval to replace Natural Resources Advisory Committee Members who have resigned.

Commr. Hanson stated that, after reviewing the applications, she did not see a real qualified representative of the agriculture community, and requested that this position be postponed until the next meeting.

Commr. Swartz suggested that Ms. Pat Leonard be considered for the Private Citizens position on the Committee.

Discussion occurred regarding postponing the appointments for another week, with Commr. Swartz informing the Board that there was a definite need for a quorum on the Committee.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Mr. Tom Wetherington to represent the Private Citizens.

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

Mr. Garvin J. Brasseur to represent Environmental Sciences.

It was noted that the appointment to the Development area of the Committee will be postponed until next week.

CONTRACTS, LEASES & AGREEMENTS/GRANTS/PUBLIC HEALTH

Mr. Peter F. Wahl, County Manager, informed the Board that the request for Federal Anti-Drug Abuse Act grant funds is not a commitment of dollars at this time, but indicates an interest on the part of the County to participate in the program. If the grant

application is successful, a recommendation will have to be made to the Board for the funds, because it is a cash match requirement.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for acceptance and signature on the Certification of Participation for the 1992-93 Federal Anti-Drug Abuse Act grant funds.

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES/PUBLIC HEALTH

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to accept and approve an amendment to the 1991-92 State/County contract between the HRS Lake County Public Health Unit and the Board of County Commissioners, subject to final review by the County Attorney's Office.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for signature and encumbrance of funds for First Amendment to Umbrella License Agreement between Lake County and Motion Picture Licensing Corporation (MPLC), in the amount of $649.00.

CONTRACTS, LEASES & AGREEMENTS/LIBRARIES

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the request for signature on Financing Statement request by CLSI, Inc. relating to the Agreement between Lake County and CLSI, Inc. for Library Automation Equipment and Service.

CONTRACTS, LEASES & AGREEMENTS/PRIVATE INDUSTRY COUNCIL

Ms. Robbie Hollenbeck, Private Industry Council Director, introduced to the Board Ms. Karen Robinson, Assistant Director of the Volusia, Lake, Flagler-Private Industry Council, who discussed the Two-Year Employment and Training Plan of Service (7/1/92 - 6/30/94).

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request from the Private Industry Council for approval of the Volusia, Lake, and

Flagler Two-Year Employment and Training Plan of Service (7/1/92 - 6/30/94).

PLANNING & DEVELOPMENT/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request to declare April 12-18, 1992, as National Building Safety Week, in celebration with the Council of American Building Officials annual event, and to allow staff time to participate in a sponsored booth at Lake Square Mall during the dates of April 17, 18, and 19, 1992.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

Mr. Peter F. Wahl, County Manager, discussed Change Order Number 1 on Project 8-92, CR-561A Widening and Resurfacing to Trac Roadbuilders, Inc., in the amount of $91,460.00, and the staff recommendation to deny the request.

Mr. Jim Stivender, Executive Director of Public Works, appeared before the Board to discuss the request and the priority order that has been given to the asphalt shoulder projects, including C-561A and C-33, and a portion of C-457 in the Sorrento area.

Commr. Bailey stated for the record that he received a letter from the City of Clermont supporting the request, but that he feels this is an issue of priorities, and he cannot support the request.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board denied the request for Change Order Number 1 on Project 8-92, CR-561A Widening and Resurfacing to Tract Roadbuilders, Inc., in the amount of $91,460.00, as recommended by Mr. Stivender, Executive Director of Public Works.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

Mr. Jim Stivender, Executive Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request to accept Change Order No. 1 to Project No. 2-92, C-437 Widening and

Resurfacing to decrease the cost by $5,200.00. (Adjusted Contract: $279,217.49 - Commissioner District 4).

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

Mr. Jim Stivender, Executive Director of Public Works, was present to discuss the request with the Board.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the request to award and authorize Project No. 9-92, #3-4653 South Mt. Homer Road Resurfacing and Construction Lump Sum Project, to Lem Bryant Land Clearing Co., Inc., and to encumber and expend funds in the amount of $64,685.46, low bid. (Commissioner District 3).

PUBLIC HEARINGS/TIMES CERTAIN

ACCOUNTS ALLOWED/DEEDS/TAX COLLECTOR

At 9:30 a.m., the Chairman announced that the time certain had arrived for Mr. T. Keith Hall, Tax Collector, to appear before the Board.

Mr. Hall appeared before the Board to discuss the Citrus Sun Club Condominiums and the necessary advertising for the delinquent taxes. He stated that a Request For Proposal (RFP) was submitted to approximately twelve (12) different title companies, with only three responding. He stated that the title search will be quite extensive, and will take approximately 90 days to complete. He recommended Proposal 3, Multi-County Title Services, Inc., at an estimated cost of $25,000-$30,000. Mr. Hall stated that he has been in contact with the County Attorney regarding the proposals received.

Ms. Annette Star Lustgarten, County Attorney, stated that this is the next necessary step to move forward with the issue involving the Citrus Sun Club.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved to award the title search to Multi-County Title Services, Inc., as recommended by Mr. Hall, Tax Collector.

Mr. Bob McKee, Chief Deputy Clerk, stated that there will be additional costs incurred by the Clerk's Office, which will be in relation to the number of property owners that will be notified.

INSURANCE

Mr. Peter F. Wahl, County Manager, discussed the request for approval of: 1) addition of flexible spending account to flexible benefits plan, and 2) Anthem Life Insurance Company as Administrator.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the above request, as recommended by Mr. Wahl, County Manager, and subject to final review by the County Attorney's Office.

COMMISSIONER BUSINESS

ACCOUNTS ALLOWED

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

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LANDFILLS

ENVIRONMENTAL SERVICES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved for Commr. Bakich to fill the Commissioner position on the Lake County Solid Waste Study Committee.

Commr. Bakich stated that he did not have names to submit for the District 5 position on the Lake County Solid Waste Study Committee, and would appreciate the members submitting names to him, if they had someone in mind who would be interested in serving on the Committee.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved the appointment of Mr. John Lengen to fill the District 2 position on the Lake County Solid Waste Study Committee.



AGRICULTURAL CENTER/RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a resolution to Mr. Terry Courneya in appreciation of his years of service as Lake County Extension Director.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/ZONING

On a motion by Commr. swartz, seconded by Commr. Bailey and carried unanimously, the Board approved the appointment of Mr. Sanford Minkoff to the Board of Zoning Appeals to fill the unexpired term of Robert Moore who has resigned since his election to the Tavares City Council. The term of Mr. Minkoff will expire on April 30, 1993.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PLANNING & DEVELOPMENT

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the reappointment of Mr. John Driggers to fill the unexpired term of Ms. Debra Shelley as a representative of District 3 on the Planning and Zoning Commission. The term will expire February 28, 1993.

COUNTY ATTORNEY'S BUSINESS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that she had no issues to bring before the Board.

RECESS & REASSEMBLY

At 9:43 a.m., the Chairman announced that the Board would recess until 10:00 a.m. for the next public hearing.

PUBLIC HEARINGS/TIMES CERTAIN

PUBLIC WORKS/STATE AGENCIES

At 10:00 a.m., the Chairman announced that the advertised time had arrived for the presentation of the Tentative Five Year Department of Transportation Work Program.

Ms. Nancy Houston, Department of Transportation, Director of Planning and Public Transportation, District Five, appeared before the Board to make the presentation on the program. Ms. Houston stated that the Federal Transportation Bill has passed and is a six year transportation bill, which brings additional funding to the

State of Florida over the six years. At this time, she discussed the flexibility of funding, and discussed the tentative five year plan, as presented to the Board.

Mr. Bruce Barrett, Expansion Projects Manager for the Turnpike, appeared before the Board to discuss the one project it has in Lake County, Leesburg/Clermont area, at Highway 27, with the construction costs being estimated at 9.2 million dollars in

1992-93.

Mr. Jim Stivender, Executive Director of Public Works, was present to discuss the changes at Highways 19/27.

Mr. Tony Otte, City of Tavares, questioned Project No. 5112803 - SR19, and the monies possibly being used for another project, with Ms. Houston stating that the funding has been designated for this project and listed under No. 5112821 Lake Countywide.

No one present wished to appear before the Board to speak on this issue.

No action was needed by the Board.

RECESS & REASSEMBLY

At 10:20 a.m., the Chairman announced that the meeting would recess until 10:30 a.m. for the next public hearing.

PUBLIC HEARING/TIMES CERTAIN

PLANNING & DEVELOPMENT/ORDINANCES

At 10:30 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the proposed ordinance creating the Southlake Community Development District.

Ms. Annette Star Lustgarten, County Manager, informed the Board that, on Page 2, Line 10, the following needed to be inserted:

"...advertised on March 20 and March 28, 1992, ..."

No one present wished to speak on this issue.

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

1992-5, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE "SOUTHLAKE COMMUNITY DEVELOPMENT DISTRICT", PURSUANT TO CHAPTER 190, FLORIDA STATUTES; PROVIDING FOR THE ESTABLISHMENT AND NAME OF THE DISTRICT, TO BE KNOWN AS THE "SOUTHLAKE COMMUNITY DEVELOPMENT DISTRICT"; PROVIDING FOR THE LEGAL DESCRIPTION; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; PROVIDING FOR POWERS; PROVIDING FOR APPLICABILITY OF CHAPTER 190, FLORIDA STATUTES, AND ALL OTHER APPLICABLE STATUTES, ORDINANCES, RULES AND REGULATIONS; PROVIDING FOR NO LAKE COUNTY OBLIGATIONS; PROVIDING FOR NO LIMITATION ON LAKE COUNTY POWERS; PROVIDING FOR DISCLOSURE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



RECESS & REASSEMBLY

At 10:35 a.m., the Chairman announced that the Board would recess until 11:00 a.m. for the next public hearing.

PUBLIC HEARINGS/TIMES CERTAIN

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

At 11:00 a.m., the Chairman announced that the advertised time had arrived for the public hearing on the update of the Ogden Martin negotiation, to be presented by Mr. Bob Varner, Negotiation Counsel.

Mr. Bob Varner, Verner, Liipfert, Bernhard, McPherson & Hand, appeared before the Board to discuss the handout of information regarding the negotiation schedule.

Mr. Varner discussed the recommendation to authorize staff to develop and finalize the scope of work and related contract amendment(s), if necessary, for consulting engineering services with R. W. Beck, and Post, Buckley, Schuh & Jernigan (PBS&J).

At this time, Ms. Annette Star Lustgarten, County Attorney, commented on the amendments that would be necessary to the contracts.

The following information was provided to the Board and discussed by Mr. Varner:

Ogden Martin Price Assumptions



As previously authorized by the Board of County Commissioners, the Ogden Martin proposal will include, at a minimum, the following assumptions:



Clean Air Act -- Federal/State mandate requiring air emission limitations with respect to metals (mercury, cadmium, lead) are anticipated to be issued within the current year. The proposal will include the capital costs, operating cost and assumed technical criteria. Note: Implementation of this option will not

be mandatory if Ogden Martin's proposal is approved by the Board of County Commissioners. The Board of County Commissioners will have the ability to determine whether or not to proceed with this capital project by subsequent action.



Guaranteed Tonnage.

Adjustment of the County guaranteed tonnage to reflect the impact of recycling and reflecting existing operational data and projections. The intent of such adjustment is to minimize the likelihood of damage obligations on the part of the County.



Transaction Assumptions.

Specific transactional modifications (including separate alternatives to be proposed by Ogden Martin) to achieve an overall price benefit to the County with respect to costs for County waste processed at the facility, and costs associated with the risk of waste availability for uncommitted facility capacity.



Financing.

Cost benefits resulting from modifications to the existing financing structure.



At this time, Mr. Varner discussed Alternate 1 - Price without Contracts, and Alternate 2 - Price with Contracts. Mr. Varner stated that the difference between the two alternatives is as follows: Alternate 1 includes a price proposal incorporating the assumptions that are summarized and specified in the company's price proposal, and would not include a negotiating contract associated with those terms. If the price proposal is acceptable to the Commissioners, they would be able to authorize the contract negotiations reflecting the price proposal. Alternate 2 is essentially a 30 day period of time for finalization of documents. The contracts would be developed without a price proposal, which would be submitted as a document, that the company would be obligated to execute, if the proposal was accepted by the Commissioners themselves. At this time, he elaborated on the terms of each alternative, and stated that he would be willing to recommend either approach to the Board.

It was the feeling of the Board that Alternate 2 would be more in the direction that the Board would wish to take on this issue.

Mr. Peter F. Wahl, County Manager, stated that the Board is actually confronted with an issue of when the Board is going to spend the cost for the contract negotiation. He stated that the first alternative would allow the Board to receive a price proposal that avoided the cost of the development of the contract document,

but if the price proposal was acceptable, the cost would be incurred in the second step and the Board would be locked in. He further stated that staff would be more comfortable with the second alternative.

Mr. Varner discussed recycling and a possible volume reduction at the facility, and the possibility of a materials recovery facility (MRF), with Commr. Bakich stating that, if the County is going to explore the full potential of the total solid waste system, the MRF should be included in the analysis made by the engineers, Post, Buckley, Schuh & Jernigan (PBS&J).

Commr. Swartz discussed the issues being presented by Mr. Varner and indicated that he feels that what has been provided to the Board is inconsistent with what the Board wanted Mr. Varner to pursue through negotiations. He discussed the issues of risk allocation and damage obligations on the part of the County with regard to guaranteed tonnages, and stated that his objective in going into renegotiations with Ogden Martin was to get significant, meaningful reductions in the put-or-pay obligations of the contract, to significantly reduce the tonnage obligations, and to reduce the costs associated with it. He further stated that the risk allocation, rather than being something that may come back to the County, deals with a risk and cost liability on the part of Ogden Martin. Commr. Swartz stated that the objective was to get from Ogden Martin a realization that the County should have a lower tonnage requirement and a lower cost associated with those tons. He stated that he sees damage obligations on the part of the County, in regards to tonnages, and risk of waste liability associated totally with the County, and that he believes Ogden Martin has significant liability on those areas.

Commr. Swartz stated that he is concerned with the idea of continuing engineering services with R. W. Beck, and PBS&J, due to the fact that millions of dollars have already been spent for their services over the years, and that there is enough information already supplied by both of them, in relation to the issue before

the Board. He stated that, until Mr. Varner's negotiations have been presented, in order to determine whether or not anything has been achieved on this issue, he is not in favor of paying R. W. Beck or PBS&J any more money.

Commr. Bailey discussed the fact that the Board members have stressed over and over that they want to get the fee lowered, and the direction that the Board took when hiring the necessary consultants. He stated the direction is still to find the best deal possible, and that he is still committed to getting the fee lowered.

Commr. Bakich indicated that he feels the path in which Mr. Varner is proceeding involves maximizing the facility, and including the other entities, as discussed, and if all of the information relating to the entire solid waste issue, as presented by all of the professionals involved, is evaluated and considered, a price relief would occur for the County. He stated that he supports the Alternate 2 proposal presented by Mr. Varner, in order to reduce an overall price for the facility, and that he feels Mr. Varner is proceeding in this direction.

After discussion, Commr. Bakich expressed that the majority of the Board feels the Board should proceed with Alternate 2, as presented by Mr. Varner.

Commr. Hanson stated that she feels that the members have always had the same philosophy, which is to find the cheapest and most effective means of waste disposal, and that this situation is resolvable. She stated that she feels very optimistic about the route the Board is taking, and that it is imperative that the County move ahead within the time frame, in order to keep the costs down, including the consultant and legal fees. She also commented on the legal fees, which is an important issue, because they will be a part of the total cost of the waste disposal fee, if lawsuits become an issue.

The members stressed to Mr. Varner the importance of the engineers knowing the time frame involved with this issue, and

urged him, along with Mr. Wahl and Ms. Lustgarten, to keep reminding them of this.

Mr. Varner stated that he understood that the Board, as a group, had instructed him to bring the price down on the existing contract, and that this was made very clear to him. He stated that the risk issue, the scope of engineers, and the timing essence are critical points.

Commr. Bakich stated that the Board has made its position clear to Mr. Varner and that Mr. Varner should move forward with the second alternative that was discussed, in the most timely fashion possible.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board approved Alternate 2 - Price with Contracts, which will include staff extending the contracts with R. W. Beck and Post, Buckley, Schuh & Jernigan.

Commr. Swartz voted "no".

RECESS & REASSEMBLY

At 11:45 a.m., the Chairman announced that the Board would recess for lunch and reconvene at 1:30 for a public hearing on the Mid-Year Budget Amendments.

PUBLIC HEARINGS/TIMES CERTAIN

ADMINISTRATIVE SERVICES-BUDGET/BUDGETS

Ms. Eleanor Anderson, Executive Director of Administrative Services & Budget, appeared before the Board to discuss the Mid-Year Budget Amendments. At this time, Ms. Anderson presented to the recording clerk the proof of advertisement for the records.

Ms. Anderson stated that the next action being requested is the adoption of the proposed supplemental budget by resolution, and authorization for the Chairman to execute said document.

Ms. Anderson directed the Board's attention to Page V, Overview, and reviewed the listing of funds. It was noted that the overall County budget as adopted is $116,273,678, and the mid-year adjustments result in an increase of $40,359,005, which includes adjustments to projected fund balances based on the annual audit

which is normally completed in March of each year. The most significant increase is the receipt of $35,995,000 in bond proceeds for refinancing the Infrastructure Sales Tax Debt requirements. This is an overall savings long term to the County in present value of $1,983,067. Excluding the bond proceeds, the overall increase to the County budget is $4,364,005.

Ms. Anderson discussed the information provided to the Board, and requested that the Board approve the Mid-Year Budget Amendment.

No one present wished to speak on this issue.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the resolution and the adoption of the Mid-Year Budget Amendment, as presented by Ms. Anderson, Executive Director.

PUBLIC HEARINGS/TIMES CERTAIN

PLANNING & DEVELOPMENT

WORKSHOP - LAND DEVELOPMENT REGULATIONS

At 2:30 p.m., the Chairman announced that the time had arrived for the workshop on the Land Development Regulations (LDRs).

Mr. Jim Barker, Director of Pollution Control, discussed the Memorandum pertaining to Additional Information on Considerations Regarding the Wetland Protection Program, including the Summary of Federal and State Wetland Regulations. Mr. Barker stated that there seems to be a substantial amount of regulations in place to regulate agricultural and silvicultural activities, as applied to surface water, stormwater drainage, and wetlands.

Commr. Gregg requested that the Board instruct the County Manager to discuss with the County staff, the Department of Environmental Regulation (DER), St. Johns River Water Management District (SJRWMD), and other agencies, concerning their enforcement of the regulations for stormwater and wetlands, in order to determine whether there is any willingness on their part to contract with the County, and to fund the County to perform certain services, in order to streamline the process and eliminate duplication of these services.

Chapter VI - Resource Protection Standards

Mr. Barker explained research developed by staff on the issue of protecting well heads and wellfields, and stated that the definitions were left as presented, in order that the specifics be placed within the regulations themselves. He stated that he did not see any problem with removing the specifics from the chapter and placing them into the definitions, if the Board felt this would be more appropriate. At this time, Mr. Barker discussed the definitions, with Commr. Swartz requesting that the definitions be consistent with the Comprehensive Plan.

Commr. Swartz questioned whether or not there was any language in Chapter VI that is now not consistent with the Comprehensive Plan. He referred to Page VI-4 - H. Standards for Agricultural and Silvicultural Practices, and Page VI-27 - C. Agriculture and Silviculture Practices, and stated that, in both areas, the following language has been stricken: "If habitat is known to exist containing Designated Species, a notice of intent and an approved management plan shall be required." He questioned whether this is consistent with the Comprehensive Plan, with Mr. Barker explaining that the stricken language was a recommendation from the Land Development Regulations (LDR) Committee. Commr. Swartz stated that the Board has before them language in Chapter VI that is not consistent with the Comprehensive Plan.

Ms. Annette Star Lustgarten, County Attorney, explained that the LDRs have to be consistent with the Comprehensive Plan, but can vary as long as they absolutely carry out the policy set out in the Comprehensive Plan. She stated that the LDRs implement those policies and provide more detail.

Discussion occurred regarding possible amendments being made to the Comprehensive Plan, with Mr. John Swanson, Executive Director of Planning and Development, stating that staff is reviewing the policies contained within the Plan and trying to identify those as they correlate to the LDRs, to determine whether they should remain in the Plan, or be stricken.

Commr. Swartz stated that, until the amendments take place in the Comprehensive Plan, the LDRs are required to implement what is in the adopted Plan, but do not require the exact language, with Ms. Lustgarten concurring with the fact that the Board must comply with the adopted Plan, until the Plan is actually amended. She stated that amendments can be initiated, but, until the amendments are adopted, the LDRs must be consistent with the adopted Plan.

Commr. Bailey requested that, for the sake of consistency, the LDRs be consistent with the Comprehensive Plan, but that these are the areas that the Board would like to revisit and make an amendment to the Plan.

Commr. Swartz stated that, if amendments are made later in the Comprehensive Plan, the LDRs will be changed to reflect such amendments.

Commr. Swartz referred to Page VI-4 - J. Protection of Wetland Hydrology, and stated that the language that has been stricken needs to be placed back into the LDRs, in order to be consistent with the Comprehensive Plan. Mr. Barker explained that the LDR Committee had recommended striking the language in this section, with staff agreeing, because this is covered in other areas.

Commr. Swartz referred to Page VI-5 - 6.01.06 Wetland Protection Buffers, and requested that the language that has been stricken be placed back into this section, as follows, so that it is consistent with the Comprehensive Plan: "In such cases, the buffer may vary so long as that in the aggregate, an average buffer is maintained, in accordance with the standards of C, below."

Commr. Swartz referred to Page VI-6 E. Buffer Required for Mitigation Projects and the inclusion of the following language: "will be a standard ten feet". He requested that the additional language be deleted, in order for this to be consistent with the Comprehensive Plan.

Commr. Bailey, with the consensus of the Board, instructed staff to go through the areas in the LDRs that they know are in

conflict, and make the necessary changes to be consistent with the Comprehensive Plan.

Commr. Hanson discussed Page VI-4 - H, "Wetlands shall not be fenced so as to restrict the movement of wildlife except when to separate ownership of land." Staff was requested to check the consistency of this language with the Comprehensive Plan.

After some discussion on the consistency of the language, Mr. Greg Stubbs, Director of Current Planning, stated that staff would keep the LDRs consistent with the Comprehensive Plan, unless otherwise directed.

Commr. Swartz referred to Page VI-34 - d. (1), "The County Manager or designee, shall determine when development is to be permitted in 100 year floodplain areas." After discussion, no changes were made.

Chapter VII - Wekiva River

Ms. Lustgarten referred to Page VII-3 - 2, and stated that there will be no problem incorporating the following language into this section: "800 square feet or 25% of the principal structure".

Mr. Barker discussed a request that staff has received from an individual, for a variance to go over the 10% rule for a timber harvesting plant, with the concern being that they are going to harvest approximately 57% of the wetland area, but that they also have a long range plan to harvest the remaining property. They are questioning whether they can get a variance to the Conservation Easement, as well as a variance to the percentage amount. Ms. Lustgarten stated that this issue will be addressed in the LDRs, and she, at this time, reviewed two recent District Court of Appeal cases regarding the nature of the hearing that will be held in relation to the granting of variances.

Chapter VIII - Green Swamp

Mr. Stubbs stated that there were no further changes in Chapter VIII.



Chapter IX - Development Design and Improvement Standards

Mr. Stubbs informed the Board that there have been changes in this chapter requested by the County Attorney, Pollution Control and Public Works, which are before the Board and will be incorporated into the final document.

Ms. Lustgarten presented the following changes:

Page IX-63 - 2: Added: "bike paths, and other innovative facilities".



Page IX-74 - 9.06.02 Jurisdiction: Change "may" back to "shall".

Mr. Don Griffey, Director of Engineering for Public Works,



presented the following changes:



Page IX-56 & 57 - 9.03.07 Bicycle Parking Requirements: All stricken language in this section will be added back into the LDRs, in order to be consistent with the Comprehensive Plan.



Commr. Swartz referred to Page IX-31 - 9.02.03 General Requirements C. (landscaping), and questioned whether the language "All required landscaped areas shall be provided with an automatic irrigation system except as approved by the County Manager or designee" is in the Landscape Ordinance. Mr. Stubbs stated that the LDR Committee added this language, with staff being in agreement, in order to add flexibility.

Mr. Griffey continued with the following changes, and Mr. Jim Stivender, Executive Director of Public Works, was present to discuss the added language:

Page IX-61 - 9.04.03 Right-of-Way Provisions: "C" was added regarding projected volume of the roadway within the development, and the need in the surrounding area for that type of connection.



Discussion occurred regarding this section, with the Board requesting that Mr. Griffey add provisions in relation to adjacent extensions, and clarification on the basis for the 2,000 ADT, in relation to the development, and not possibilities in the future.

Mr. Griffey referred to Page IX-61 - B. Technical standards, and informed the Board that staff has prepared a separate document from the LDRs, which is called the Transportation Planning, Design and Construction Standards, which is used by staff in developing the transportation aspects of the projects. At this time, Mr.

Griffey discussed having the Board adopt a resolution regarding these standards, so that, as technology changes, or the standards change, the full public hearing process would not have to be repeated.

Ms. Lustgarten stated that, at the second public hearing on the LDRs, the Board will approve a resolution adopting the appendices, which will be attachments to the resolution, and referenced as appendices to the LDRs.

Mr. Griffey stated that the Standards have been reviewed by the LDR Committee, with their comments being incorporated.

Mr. Barker stated that staff had been requested by the Board to review stormwater in the same manner as the water and wastewater redundancies were reviewed. He discussed this issue with the Board, and requested that the Board allow staff time to develop a plan for stormwater, such as the one developed for the wetlands, with the possibility of reducing the redundancies.

Mr. Barker discussed Page IX-4 - 9.01.02 Exemptions - C. Upland Trees, and requested that wetland trees also be considered.

Chapter X - Accessory and Temporary Structures and Uses

Mr. Stubbs referred to Page X-2 - 10.01.03 Swimming Pools, Hot Tubs, and Similar Structures, with changes being made to the setback requirements, as follows: "from the deck and/or enclosure of the pool." Ms. Lustgarten stated that the language would be conformed to read "five feet from the deck and/or enclosure".

Ms. Lustgarten presented the following changes:

Page X-4 - 3. Accessory Apartments, adding the following language: "800 square feet of living area or 25 percent of the gross square footage of the principal structure within which it is located, whichever is less."



Page X-8 - 10.03.00 Open Air Vendors - Entire section added to provide the sale of merchandise or food by an open air vendor for a period not to exceed thirty (30) days, with requirements.



Commr. Swartz discussed Page X-8 - 10.04.00 Boat Docks and Ramps, and questioned whether DNR and the County's ability to issue permits for the 500 square feet or less require a 25 foot setback from the property line, with Mr. Barker responding that this is a

requirement of DNR, and the County will have to conform with the State language. After some discussion, Ms. Lustgarten stated that it is the rear setback line that will have to conform to the State standard.

Ms. Lustgarten referred to X-8 - 10.04.00 Boat Docks and Ramps, 10.04.02 Generally, and stated that Section B. refers to "an accessory use on the residential lot on which the main residential structure is located or on a lot owned by the property owner and adjacent and contiguous to the residential lot." She stated that periodically an individual has been granted a variance from this provision, and that the Board may wish to have this particular section incorporated into the non-variance section of the Zoning Code. At this time, it was the consensus of the Board to include this in the non-variance section of the Zoning Code.

Chapter XI - Signs

There were no changes to be brought to the Board under this chapter of the LDRs.

Chapter XII - Hardship Relief, Appeals and Enforcement

Mr. Lustgarten referred to Page XII-10 - 12.03.08 Application Fee for Variances and Appeals, which states "The Board of Adjustment may waive the required application fee for variances and appeal." She stated that she advised the Board that the Board of

Adjustment does not have this authority, and that the language will be stricken. She further stated that the Board of County Commissioners has this authority, and may waive the fee based on guidelines set out in the resolution creating the fees, and that she has no problem with adding the above language.

Ms. Lustgarten referred to XII-18 - 12.05.01 Variances Granted, and stated that the Board may wish to add silviculture harvesting plans to this section, based on the Board's prior experience with the Wekiva.

Commr. Swartz stated that he would like to see the Board have the ability to deal with variances and waivers of the plans, unless it goes before another Board before coming to the County Commissioners.

Mr. Barker suggested that, from the staff's standpoint, it would be better if the Board could consider this as a complete package, rather than having variances already in place. He further suggested that the Board include agricultural management plans in the Wekiva.

After discussion, Ms. Lustgarten stated that the above language will be included in 12.05.01, as discussed.

Chapter XIII - Decision Making and Administrative Bodies

Ms. Lustgarten referred to Page XIII-2 and stated that 13.02.00 Local Planning Agency (LPA), which designated the Board of County Commissioners as the Local Planning Agency, has been stricken, and the changes have been made as reflected on Page XIII-12.1, which designates the Planning and Zoning Commission as the Local Planning Agency. This also tracks the State Statute, as far as the requirements of the LPA.

Ms. Lustgarten referred to Page XIII-16 - 13.07.02 Powers and Duties of the Code Enforcement Board, which are now reflected in 13.06.21, and stated that this sets out the provisions of the County Code, which the Code Enforcement Board has jurisdiction over. She stated that she will add Chapter 18 of the County Code, Roads and Bridges, into these provisions.

Chapter XIV - Administration

Ms. Lustgarten stated that most of the changes in this chapter are streamlining the language referencing State Statutes regarding advertising and other issues of that nature. It was noted that the change to public access information will be incorporated, which includes the change to 300 feet.

Ms. Lustgarten referred to Page XIV-23 - 14.04.06 Submittal Requirements for site plans, and after discussion, it was the consensus of the Board to leave the language as presented.

Mr. Stubbs referred to Page XIV-85 - D. Standards regarding minor lot splits, and stated that the Planning staff was directed to do a change to "minor lot splits" and "large lot splits", with the change limiting the split to five lots created per parcel, and

would be per original parcel. The only waiver allowed would be to the length of the easement on a large lot split, with the maximum being set at 1,320 feet. The individual would have to go to the Board of Adjustments for variance, if the request was made for more than 1,320 feet. Discussion occurred regarding the number of large lot splits that were approved through the administrative subdivision process over the past year, and the number of minor lot splits, with approximately 10-15% variances being approved.

Ms. Lustgarten stated that one of requirements of the large lot waiver is a minimum of five lots of five acres, and that the majority of the variances have to do with the distance from the road.

It was noted that there is no limit on the number of lots that may be created in agricultural zoning.

After some discussion on variances, staff felt that the County should allow variances on the length and the width of an easement, and public dedication. The Board instructed staff to develop alternatives that can be considered on the variance issue.

It was noted that Mr. Stubbs and staff would have the new LDR books with the changes to the Board members by Friday, May 17, 1992.

Chapter XV - Road and School Impact Fees

Ms. Lustgarten referred to Pages XV-43-44 and stated that the language will be stricken regarding the inclusion of the "code, severability and effective date", and the ordinance that the Board adopted eliminating the 30% in the new fees will be incorporated into Chapter XV.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4:33 p.m.



MICHAEL J. BAKICH, CHAIRMAN

ATTEST:



JAMES C. WATKINS, CLERK



TMR\5-1-92\BOARDMIN\4-7-92