A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 21, 1993

The Lake County Board of County Commissioners met in regular session on Tuesday, September 21, 1993, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Timothy Hoban, Assistant County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Neil Kelley, Chief Deputy, Administrative Services Department; and Marlene S. Foran, Deputy Clerk.

Reverend Richard Wilhelm, First Baptist Church of Sorrento, gave the Invocation and led the Pledge of Allegiance.

MINUTES

Regarding the Minutes of July 13, 1993 (Regular Meeting), clarification was made to the misspelling of names, and the following corrections were requested by the Board:

Page 29, Line 18 - change "tight" to high.

Page 30, Line 22 - change "build" to get.



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of July 13, 1993, as amended.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of July 30, 1993, (Special Meeting), as presented.

Regarding the Minutes of August 3, 1993, (Regular Meeting), the following corrections were requested by the Board:

Page 11, Line 21 - change "withdraw" to withdrew.

Page 21, Line 1 - clarification was made to the reasons for Commr. Hanson's "No" vote.



On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 3, 1993, as amended.

Regarding the Minutes of August 17, 1993, (Regular Meeting), the following clarification was requested by the Board:

Page 11, Line 4: insert after "Day" to be in compliance with the Sunshine Law.

On a motion Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of August 17, 1993, as amended.

Regarding the Minutes of August 24, 1993 (Regular Meeting), the following clarification was requested by the Board:

Page 16, Line 21 - insert after "review" by the staff.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of August 24, 1993 (Regular Meeting), as amended.

Regarding the Minutes of August 26, 1993 (Special Meeting), the following clarification was requested by the Board:

Page 1, Line 7 - delete "another commitment" and insert - a Grievance Committee Meeting.



On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 26, 1993, as presented.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CONTRACTS, LEASES & AGREEMENTS/CORRECTIONS DEPARTMENT

SUITS AFFECTING THE COUNTY

Commr. Swartz announced that the time had arrived for a public hearing in regard to Case No. 92-2259-CA01, Barbara Ann Turner-Baker, as Guardian of Charles L. Turner, An Incompetent v. Lake County and Lake County Department of Corrections.

Mr. Tim Hoban, Assistant County Attorney, stated that the County Attorney's Office is recommending a settlement in regard to the above mentioned case.

No one present in the audience wished to address the Board in regard to the Settlement Agreement.

Commr. Bailey expressed his concern that the Board is setting a precedent with the Settlement Agreement.



On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried, the Board approved the proposed Settlement Agreement, Case No. 92-2259-CA01, Barbara Ann Turner-Baker, as Guardian of Charles L. Turner, An Incompetent v. Lake County and Lake County Department of Corrections.

Commr. Bailey voted "No".

CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY

Commr. Swartz announced that the time had arrived for the public hearing in regard to Case No. 92-522-CA01, William E. Heidt and Kay H. Tillman v. Lake County.

Mr. Tim Hoban, Assistant County Attorney, stated that the Settlement Agreement before the Board this date involves a lawsuit between Lake County and the private developer over the ownership of property along County Road 561 in the Town of Minneola. He explained that the purpose for the County wanting the property was for future Rails to Trails, and the Settlement Agreement states that the private developer will Quit Claim Deed to the County fifteen (15') feet along County Road 561 for future Rails to Trails, and the County will Quit Claim the remaining portion to the developer and will grant an easement for the purpose of using the Rails to Trails property for driveways if deemed necessary.

Mr. Fred Morris, Attorney, representing William E. Heidt and Kay H. Tillman, appeared before the Board and presented a brief history of the case in question. He explained that this particular parcel of land has never had a deed into itself, and is known to Title Lawyers as a "wild deed".

At this time, Mr. Hoban presented a map of the property in question for the Board's review. Discussion occurred regarding paragraph three of the Settlement Agreement, and the ability of the County to have jurisdiction over the permitting of driveways and utility connections on said property, to exercise its police power to regulate the location of driveways and utility connections in the same manner that any such regulations are applied uniformly to all other parcels of property under the permitting jurisdiction in Lake County.

Commr. Swartz expressed his concern that full rights of ingress and egress would destroy any value as a Rails to Trails if several driveways were permitted across the property. Mr. Hoban stated that he has had extensive conversations with the City Attorney of the Town of Minneola, and it was Minneola's position that they wanted the County to keep the property, and that said property was an important link to the Rails to Trails future link.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for approval of a Settlement Agreement in Case No. 92-522-CA-01; and authorization to accept and provide necessary deeds.

COUNTY EMPLOYEES/COMMISSIONERS

Commr. Cadwell presented a letter of appreciation to Mr. Mel Scott, Planner II, Department of Planning and Development Services, for his dedication and service to Lake County and expressing their regret that Mr. Scott is leaving Lake County.

CLERK OF COURT'S CONSENT AGENDA

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

Bonds - Contractor



Request for approval of the following Contractor Bonds:



New



1942-95 Conrad G. Collins (Class B Contractor)

4233-95 Paul Brooks (Residential Builder)

4325-94 John M. Roberts (General)

4431-94 K. B. Coker, Inc. (Electrical)

4528-94 Rens Plumbing, Inc.

4615-94 Allstar Electric of Orange City, Inc. (Electrical)

4620-93 Malcolm H. Allio dba Allio Electric

4889-94 Ronald L. Kessel dba Crystal Kool Pools (Swimming Pool Contractor)

5129-93 Robert Dietz (General)

5229-94 Larry Spry (Roofing)

5249-94 Blue Horizon Electric, Inc.





Cancellations



1109-93 John J. Korhaus, Jr.

4515-93 Gary L. Kosmos

5069-92 AAA Electric

5221-93 Page Electric, Inc.

5229-93 Larry Spry (Roofing)



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Todd Michael Meland, Case No. 80-972-CJ, in the amount of $150.00, and authorized proper signature on same.



Accounts Allowed/Assessments/Subdivision



Request for approval of Satisfaction of Assessment Liens, as follows:



Mount Plymouth Subdivision



Jerry B. Stewart $516.57

Jerry B. Stewart $516.57

Jerry B. Stewart $516.58

Rodney T. & Sheena Judspeth $455.95

Alvin Knox $615.95

Alvin Knox $623.96



Clark Road



Fred W. & Madeline Lubs $1,214.97



Hilltop Unit II



First National Bank of Mount Dora $875.44



Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.



Accounts Allowed/Reports



Request to acknowledge receipt of monthly distribution of revenue Traffic/Criminal Cases, month ending August 31, 1993, in the amount of $118,993.72. Same period last year: $109,261.47.



Ordinances/Municipalities



Request to acknowledge receipt of City of Mascotte Ordinance No. 240, adopted by the Mascotte City Council on August 9, 1993, providing for the annexation of property into the City of Mascotte.



Request to acknowledge receipt of City of Clermont Ordinance No. 254-M, adopted by the Clermont City Council on August 24, 1993, providing for the annexation of land into the City of Clermont.



Request to acknowledge receipt of City of Fruitland Park Ordinance No. 93-013, No. 93-014, No. 93-015, and No. 93-016, adopted by the Fruitland Park City Commission on August 26, 1993, providing for the annexation of property into the City of Fruitland Park.





Appointments-Resignations/Value Adjustment Board



Request to acknowledge receipt of a letter from Mr. Thomas E. Sanders, Superintendent, Lake County Schools, in regard to the appointment of Ms. Sandra T. Green and Ms. Judy Pearson to serve on the Value Adjustment Board.



COUNTY MANAGER'S CONSENT AGENDA



Mr. Pete Wahl, County Manager, requested that Tab 21, authorization to advertise for bids C-452 Lakeshore Drive Widening & Resurfacing Lump Sum Construction Project No. 4-94, at an estimated cost of $604,600.00 from the County Transportation Trust Fund, be pulled from the County Manager's Consent Agenda.

Mr. George White, Jr., 2689 Lakeshore Drive, appeared before the Board and stated that there is a great deal of opposition to the C-452 Lakeshore Drive Widening and Resurfacing Lump Sum Construction Project, and he feels that adequate notification has not been given regarding said project. He stated that Lakeshore Drive is considered a private city street by the residents in the area and not a public highway, and noted that there are alternatives that can be utilized to solve the problems relating to this issue.

Commr. Swartz noted that several meetings will be held with homeowners groups along Lakeshore Drive to provide for their input on this issue.

Mr. Jim Stivender, Director of Public Services, appeared before the Board and stated that there will be an advertised meeting in Tavares regarding the Lakeshore Drive project and other meetings will be scheduled with small groups of homeowners along Lakeshore Drive. He noted that two major concerns are the traffic volume and the speed of said traffic.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the following requests, with the exception of Tab 21:



Accounts Allowed/Budget Transfers



Request for approval of the following budget transaction:



Budget Transaction:



Fund: Fire/Rescue

Department: Fire & Emergency Service

Division: Fire Rescue

From: Other Personal Services $42,100

To: Personal Services $42,000

Operating Expenses $ 100

Transfer No: 93-0338



For Informational Purposes:



In accordance with Board direction, items listed on Attachment I - Budget Transfer Summary - To Date - September 1993, and filed in the Clerical Support Division of the Clerk's Office, were approved by the County Manager based on a policy adopted by the Board on March 1, 1993, increasing the transfer limit to $25,000.00 for the County Manager.



Appointments-Resignations/Committees/Libraries



Request for approval to re-appoint Dr. Michael Jasenas to the Lake County Library Board as a representative of the Tavares Public Library, for a three-year term to commence October 1, 1993.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval of the month-to-month Maintenance Agreement with SDS of Florida for the Savin V-35 Copier, in the amount of $1,095.36, effective from October 1, 1993 to September 30, 1994.



Contracts, Leases & Agreements/Municipalities



Request for approval of the Contact between Lake County and the City of Eustis for the "Kids Away From Home" Summer Recreation Program.



Contracts, Leases & Agreements/State Agencies



Request for approval and signature on the 1993-94 Contract between Lake County and the State of Florida Department of Health and Rehabilitative Services - County Public Health Unit.



Appointments-Resignations/Committees



Request for approval to accept the resignation of Mr. Paul Thomas, and appoint Mr. Carl Luedke to the Affordable Housing Advisory Committee as a resident actively engaged in the residential home building industry.



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request to accept the following Statutory Conservation Easements:



Delbert Thomas (Fisherman's Wharf)



James R. Gregg, Chairman, Board of Trustees for the Oklawaha Basin Recreation and Water Conservation and Control Authority (Hickory Point).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request to accept a Non-Exclusive Easement Deed from Hughie and Doris Faye Stiefel in relation to Large Lot Split 93-49.



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for approval of final plat of Magnolia Bay; and acceptance of a Statutory Conservation Easement Deed from Lake Sue Park, Inc.; subject to final review and approval by the County Attorney. (40 lots in Commission District 2).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for approval of final plat of Banana Point II; acceptance of an Irrevocable Letter of Credit, in the amount of $5,220.00 for maintenance; and acceptance of the extension of the following road into the County Maintenance System: Banana Point Drive (#2-3215A); subject to final review and approval by the County Attorney. (16 lots in Commission District 2).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for approval of final plat of Crescent Lake Club; and acceptance of an Irrevocable Letter of Credit, in the amount of $6,668.31, for performance of driveways; subject to final review and approval by the County Attorney. (11 lots in Commission District 2).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for approval of final plat of Louisa Woods; acceptance and execution of an Escrow Agreement for maintenance, in the amount of $4,334.80; and acceptance of the following road into the County Maintenance System: Louisa Woods Court (#2-0641). (10 lots in Commission District 2).



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for approval for owner to substitute the $50,000.00 certificates of deposits with a $100,000.00 Escrow Agreement pertaining to CUP#86/8/3-3 issued to Highland Growth Properties, Inc. "Owner" to mine a 50 acre parcel of property on S.R. 50, east of S.R. 27.



Municipalities/Rights-of-Way, Roads & Easements/Road Closings



Request to advertise Road Vacation Petition No. 734, from Richard E. Bair, President, W.B.B. Utilities, Inc., to vacate road, Lake Idlewild Estates, Fruitland Park Area. Commissioner District 1).



Municipalities/Rights-of-Way, Roads & Easements/Road Closings



Request to advertise Road Vacation Petition No. 735, from Frank T. Gaylord, to vacate street, Eustis Meadows, Eustis Area. Commissioner District 4.



Accounts Allowed/Bids/Road Projects



Request for authorization to award Design/Build East-West Connector Phase IB, Project No. 10-93, Proposal No. P-5-3-12 for the construction of the East-West Connector Phase IB to Paquette Paving Company, at a cost of $216,914.95, from the Road Impact Fee Fund Benefit District 3. County Estimate $200,000.00. Commissioner District 1.



Accounts Allowed/Bids/Road Projects



Request for approval of the selection of the Design/Build team Superior Asphalt Company/Wicks Consulting Services, for the construction of Getford Road/Hick Ditch Road Project No. 15-93, Proposal No. P-5-3-16 at a cost of $365,729.00. County Estimate $367,500.00.



Accounts Allowed/Bids/Road Projects



Request to authorize and award Project #14-93, Bid #B-5-3-77, Spring Lake Blvd. (#1-6205B) Widening and Resurfacing Lump Sum Construction to Superior Asphalt Company; and to encumber and expend funds from the County Transportation Trust Fund in the amount of $106,387.79. Commissioner District 1.



Accounts Allowed/Bids/Road Projects



Request to authorize and award Project #20-93, Bid #B-5-3-78 Thomas Avenue and West Main Street Lump Sum Construction to Superior Asphalt Company; and to encumber and expend funds from the County Transportation Trust Fund in the amount of $109,553.85. Commissioner District 1, Benefit District 3.



Deeds/Rights-of-Way, Roads & Easements/Road Projects



Request to accept the following Statutory Warranty Deed:



Rosaura Soto and Adam Soto - C-561



Deeds/Rights-of-Way, Roads & Easements/Subdivisions



Request to accept the following Temporary Non-Exclusive Easement Deed:



Richard and Linda J. Nock - Croat Street - Vi-Brod Subdivision



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following Statutory Warranty Deeds:



Vincent Sims (Life Estate) & Robert V. Sims and Nalini June Ann Sims (Remainder Estate) - C-439.



Robert V. Sims, Nalini June Ann Sims, and Vincent Sims (Joint Tenants) - C-439.



Deeds/Rights-of-Way, Roads & Easements/Subdivisions



Request to accept the following Non-Exclusive Easement Deed:



Charlie Johnson Builder, Inc. - Lake Griffin Road - #5-7611



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following Statutory Warranty Deed:



Ronald D. and Mary Apedaile - Donovan Lane - #5-6649



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following Statutory Warranty Deed:



Andrew E. and Karry A. Register - Maggie Jones Road - #4-8190



Deeds/Roads - County & State



Request for approval of the following recommendation on the release of Murphy Act State Road Reservation:



Deed No: 2484

Applicant: Andrew L. and Fay L. Betz

Recommendation: Reserve 25 feet from centerline on Sackamaxon Drive (#4-4289)



Request for approval of the following recommendation on the release of Murphy Act State Road Reservation:



Deed No: 2597

Applicant: Scott C. and Robin P. Etter

Recommendation: Reserve 25 feet from centerline on Troon Avenue (#4-4189)



Request for approval of the following recommendation on the release of Murphy Act State Road Reservation:



Deed No: 802

Applicant: Robert L. Rumpf

Recommendation: Reserve 33 feet from centerline of Lemon Street; and reserve 33 feet from centerline on Overlook Drive.

Resolutions/Signs



Request for authorization to post "No Parking on Right-of-Way" signs on the north side of C-44, for 1,000 feet west of the intersection of C-44 and C-452.



Resolutions/Roads - County & State/Signs/Subdivisions



Request for authorization to post "Speed Limit" signs on Green Valley Blvd. (#2-1528), Doral Drive (#2-1527), Augusta Court (#2-1528), Pebble Beach Place (#2-1529), Spyglass Loop (#2-1428), Sawgrass Drive (#2-1428A), Max Hooks Road (#2-1429), and Jack Underwood Road (#2-1630) in the area east of Groveland and north of S.R. 50.



Resolutions/Roads - County & State/Signs/Subdivisions



Request for authorization to post "Speed Limit" signs on Babb Road (#5-7861), Peru Road (#5-7961), North Babb Road (#5-7959), Marquette Road (35-7953), County Line Road (#5-8161), Keene Road (#5-8165), Silver Drive (#5-8068), Florida Street (#5-8068A), Sunshine Avenue (#5-8070B), Tarpon Avenue (5-8070A), Beach Street (#5-8070), Maxwell Road (#5-7967), Grand Ridge Drive (#5-8067), Palm Street (#5-8069), Dixie Avenue (#5-8069A), Carrie Lane (#5-8170), Crest Haven Road (#5-7658), Crest Haven Court (#5-7658A), Wilson Parrish Road (#5-7660), Beasley Roqad (#5-7661), Golden Gem Drive (#5-7563), and Lake Street (#5-7864) in the Umatilla area west of S.R. 19.



Resolutions/Roads-County & State/Signs/Subdivisions



Request for authorization to post "Speed Limit" signs on Swallow Point (#2-0834), Willowwood Court (#2-0835B), Lantana Crest (#2-0935A), Bitterroot Creek (#2-0935B), Bee Tree Trail (#2-0935C), Lake Katherine Creek (#2-0935E), Summerwind Court (#2-0936A), Astatula Lane (#2-0936), Crescent Lake Court (#2-0937), Myakka Drive (#2-0935D), Jacaranda Avenue (#2-0836A), Cherith Lane (#2-0836), Rose Hill Drive (#2-0838), Denali Drive (#2-0735), Hasson Ridge Road (#2-0736A), Beverly Court (#2-0736), Porter Trail (#2-0736B), Cemetery Road (#2-0740), Point Nellie Drive (#2-0737A), Nellie View Court (#2-0737D), Nellie Hills Court (#2-0737C), Nellie Trail (#2-0737B), Nellie Oaks Bend (#2-0640A), Mossy Oak Lane (#2-0640), Cypress Lane (#2-0741), Southglen Drive (#2-0841B), Northglen Drive (#2-0841A),. Brown's Canal Drive (#2-0841), and Suggs Road (#2-0739) in the South Clermont area east of C-561.



Accounts Allowed/Bids/Road Projects



Request for authorization to advertise for bids for Bloxam Avenue Extension Lump Sum Construction, Project No. 3-94, at an estimated cost of $489,000.00, from the Road Impact Fee Fund. Benefit District 5, Commissioner District 2.



Contracts, Leases & Agreements/State Agencies/Commissioners

Emergency Management



Request for authorization for the Chairman to execute the agreement between Lake County and the Florida Department of Community Affairs for the update of Lake County's Hazardous Materials Emergency Plan.



Accounts Allowed/Bids/Budgets/Purchasing



Request for approval to advertise for bids, proposals and professional services; award and issue Purchase Orders for quotes, bids, proposals, annual bids, State Contract, G.S.A. Cooperative Bids, OEM Repairs, sole source and proprietor source; approve and execute contracts and encumber funds.



A) Authorization to Seek Bids, Proposal and Professional Services and Approve Technical Specifications.



DIVISION AMOUNT



1) Corrections $ 14,000.00

(estimated)



Authorization to seek bids and approve technical specifications for dental equipment. This will be purchased from infrastructure money.



B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders.



DIVISION AMOUNT



1) Solid Waste $ UNKNOWN



Authorization to waive bid requirements and accept quotes and award purchase order to the low most responsive quoter for emergency rental of equipment throughout the year for the Solid Waste facilities. This is a time sensitive issue because of emergency situations or down equipment which requires the rental of equipment. Due to the expense of renting a piece of equipment, which can be over $6,000 weekly, we are requesting that quotes are accepted in order to expedite operations during emergency equipment needs.





D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Cooperative Bids.



DIVISION AMOUNT



1) Fire Rescue $ 15,000.00

(Estimated)

Public Services $ 15,000.00

(Estimated)

Goodyear Distributors/Authorization to issue annual blanket Purchase Orders within budgeted funds to authorized Goodyear distributors for the purchase of tires off of the Florida State Contract #863-000-90-1.



2) Public Services $119,455.00

Highland Tractor Company/Authorization to issue a Purchase Order for one new John Deere 644G Front End Loader per Bid # B-5-3-34 at $117,800.00, and factory installed hydraulics for

four way bucket operations at $1,655.00 The Board awarded Bid #5-3-34 to Highland Tractor for the purchase of three each

John Deere 644G front end loaders on April 6, 1993. They will honor their bid price for one additional tractor.



3) Public Services (Revised) $102,506.00



Highland Tractor Company/Authorization to issue a Purchase Order for one new 670B diesel Motorgrader per Bid # B-5-3-35 at $99,680.00, and six 17.5/25 tires and rims at an exchange price of $5,652.00. The Board awarded Bid # B-5-3-35 to Highland Tractor for the purchase of two each 670 B diesel Motorgraders on April 6, 1993. They will honor their bid price for one additional Motorgrader.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



1) Fire Rescue $ 7,000.00

(Estimated)

Northwest Truck Parts, Inc./Authorization to issue a blanket Purchase Order within budgeted funds for miscellaneous parts and repairs for fire rescue equipment. This is the only known vendor in Central Florida that distributes parts and repairs the older military equipment that the County has as rolling stock.



2) Information Services $ 23,580.00

Sequent Computer Systems/Authorization to issue a blanket Purchase Order within budgeted funds for the on-site maintenance agreement for the SVC 5000-000-860331 system. This is the first year of a two year agreement. This is an OEM dealer.





E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT

3) Community Services $137,550.00

(Estimated)



Doctor Shutze and Dr. Techman, P.A./Authorization to issue a blanket Purchase Order within budgeted funds for Medical Examiners Services, plus Utility and Histology Services. The

Board approved the original contract on May 13, 1986 per

Florida Statute 406.



4) Public Services $ 8,370.50



Florida Central Railroad/Authorization to issue a blanket Purchase within budgeted funds for railroad crossing maintenance agreements. The crossings that are maintained are agreed upon by both the County and the Department of Transportation depending on which roads are considered County maintained roads.



5) Public Services $ 3,500.00



E. A. Mariani Asphalt/Authorization to issue a Change Order for $3,500.00, total Purchase Order will be $36,500.00 for asphalt. The Board approved the original Purchase Order on September 15, 1992, per Bid #004-745-093 (extended).



6) Judicial Support $ 10,000.00



Clerk of Circuit Court/Authorization to issue a Change Order for $10,000.00, total Purchase Order will be $230,000.00 for annual fees and costs to the Clerk. The Board approved the original Purchase Order on January 5, 1993.



7) Solid Waste $ 5,800.00



Industrial Waste Service, Inc./Authorization to issue a change order for $5,800.00, total Purchase Order will be $180,500.68 for recycling and Drop Off Center Collection Services. The Board approved the original Purchase Order on September 15, 1993.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



8) Solid Waste $ 12,900.00



Town & Country Refuse/Authorization to issue a blanket Purchase Order for hauling services at the Lady Lake Drop Box and hauling of Waste to Energy Non Processable Waste.



9) Corrections $ 12,000.00

U.S. Postmaster/Authorization to issue a blanket Purchase Order within budgeted funds for stamped legal size envelopes and stamps for the commissary.



10) Corrections $150,000.00

Florida Hospital Waterman/Authorization to issue a blanket Purchase Order within budgeted funds for inmate medical care.



11) Corrections $ 17,640.00

Miami Elevator/Authorization to issue a blanket Purchase Order within budgeted funds for repair and maintenance of the elevators at the jail. This is an OEM dealer.



12) Fire Rescue $ 19,348.00

(Estimated)



United Telephone Company/Authorization to issue a blanket Purchase Order within budgeted funds for telephone long distance services for the 25 fire stations.



13) Fire Rescue $ 14,801.00

(Estimated)



Sumter Electric Company, Operative Inc./Authorization to issue a blanket Purchase Order within budgeted funds for electric service for eleven fire stations.



14) Fire Rescue $ 12,170.00

(Estimated)



Florida Power Corporation/Authorization to issue a blanket Purchase Order within budgeted funds for electric service for ten fire stations.



E) Authorization to waive Bid Requirements and Issue Purchase Orders for Services or Commodities that are Not Bid or Quoted, or if they are OEM Repairs.



DIVISION AMOUNT



15) Facilities & Capital $ 6,593.76

Improvement



Miami Elevator Company/Authorization to issue a blanket Purchase Order with budgeted funds for elevator maintenance for the Administrative Building and Justice complex. This is an OEM dealer.



16) Public Services $ 6,000.00

(Estimated)



St. John River Water Management District/Authorization to issue a blanket Purchase Order within budgeted funds for Storm Water permits as required, for Public Services construction projects.



17) Facilities & Capital $ 6,309.00

Improvement



Otis Elevator/Authorization to issue a blanket Purchase Order within budgeted funds for elevator maintenance for the old Courthouse and the old Jail. This is an OEM dealer.





F) Approve and Execute Contract, Agreements, Amendments, Chairman's Signature and Encumber Funds.



DIVISION AMOUNT



1) Tax Collector $ 22,950.00

(Estimated)



Leesburg Market Place, Inc./Authorization to issue a blanket Purchase order and have the Board authorize the contract pending the County Attorney's final approval. This agreement is for the rental of office space for the Tag Office in Leesburg. Terms of this agreement is from October 1, 1993 through September 30, 1994.





Accounts Allowed/Contracts, Leases & Agreements

Office of Tourism



Request for approval and execution of the contract to advertise on the Florida State Turnpike, and to encumber and expend funds, in the amount of $690.00, for the period of October 1, 1993 through December 31, 1993.



Contracts, Leases & Agreements/Office of Tourism



Request for approval and execution of the contract to promote opening of the Welcome Center and use of Video News Release of the promotion video tape of Lake County.



Accounts Allowed/Contracts, Leases & Agreements

Office of Tourism



Request for approval and execution of agreement for advertising in Travel Reference Information Planner; and to encumber and expend funds in Fiscal Year 1993/94 in the amount of $2,816.20.



Contracts, Leases & Agreements/Grants/Committees

Office of Tourism



Request for approval for the Chairman to execute grant agreements with the fourteen recipients of the Tourist Development Council Grant Program, which were approved by the Board on July 13, 1993.



CITIZEN QUESTION AND COMMENT PERIOD



Ms. Bonnie Roof, representing several contractors and private citizens in Lake County, appeared before the Board and stated that there was a problem, at this time, in regard to pulling building permits in "R-1" (Rural Residential) and "A" (Agricultural) zoning districts due to a change in the set backs. She stated that this issue was to come before the Board during the Land Development Regulations (LDRs) Workshop, and the Board was to vote on changing the on-going development in the "R-1" (Rural Residential) zoning back to five (5') foot set backs. She requested clarification as to when the Board will take action in regard to this issue.

Mr. Pete Wahl, County Manager, noted that he has spoken with staff regarding the issue of set backs in the "R-1" (Rural Residential) and "A" (Agricultural) zoning districts, and explained that the County is prohibited from addressing this issue without an amendment to the existing ordinance. He further explained that it has been Board policy to allow the prosecution of a variance before the Board of Adjustment without the application fee, and suggested that, perhaps, that section could be removed from the overall ordinance, with an amendment to the ordinance to allow a faster time limit.

Commr. Swartz stated that there are several aspects of the LDRs that are causing delays, and suggested that the Board schedule a workshop within the two (2) week time frame, schedule the necessary public hearing, and the Board pass portions of the LDRs.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNICATIONS/CONTRACT, LEASES & AGREEMENTS

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request for renewal of the Corrections Coin Telephone Contract for an additional two (2) years with a revenue increase of two (2%) percent; subject to final review and approval by the County Attorney.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Bailey requested that the appointment of individuals to vacancies on the Lake County Sports Committee be postponed until October 5, 1993.

Ms. Ava Kronz, BCC Office Manager, noted that there have been no applications received for the media category on the Lake County Sports Committee, and there has been one resignation on said committee.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that E. (4), the request for approval of the selection of The Health Advantage Proposal, submitted by The Health Advantage Network, as the PPO Provider for a one-year contract to be effective November 1, 1993, and authorization for the Risk Manager to negotiate a contract in the best interest of the County, be pulled from the County Manager's Consent Agenda.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved the following request, with the exception of E. (4).

Accounts Allowed/Budget Transfers/Resolutions/Landfills

E-911/Veteran's Services

Request for approval of the following budget transactions:



Budget Transfers:



Fund: Landfill Enterprise

Department: Public Services

Division: Solid Waste Management

From: Operating Expenses $63,000

To: Personal Services $58,000

Operating Expenses $ 5,000

Transfer No: 93-0348



Fund: General

Department: Community Services

Division: Veteran's Services

From: Reserve for Salaries $ 2,797

To: Personal Services $ 2,797

Transfer No: 93-0346



Fund: Emergency 911

Department: Information Services

Division: E-911

From: Personal Services $ 1,136

Operating Expenses $29,908

Salary Reserve $ 3,737

Special Reserve $ 4,324

To: Personal Services $39,105

Transfer No: 93-0350



Budgets/Resolutions/Landfills/Public Services/Solid Waste



Request for approval to rescind action of February 16, 1993 to adopt Resolution No. 1993-35 to amend the Landfill Enterprise Fund.



Budgets/Insurance/Resolutions



Request for approval of Resolution 1993-149, adopting a supplemental budget for the General Fund and Self-Insurance- Employee Group Funds for Fiscal Year 1992-93.



Accounts Allowed/Grants



Request for authorization for the Chairman to sign the Certification of Acceptance of the Dare III subgrant award, in the amount of $108,336.00; and the Certification of Acceptance of the Genesis III subgrant award, in the amount of $58,335.00, for a total fiscal impact of $166,671.00.



Accounts Allowed/Contracts, Leases & Agreements/Courthouse



Request for approval of Amendment to the contract of C.E.I. Florida, Inc. for the Lake County Historic Courthouse Project; and expenditure of additional funds in the amount of $932.14.



Accounts Allowed/Grants/Fire Protection/State Agencies



Request for approval and execution of Resolution 1993-150; and application to the State of Florida, Department of Health and Rehabilitative Services for EMS County Grant.



Contracts, Leases & Agreements/Insurance



Request for authorization for the Chairman to sign the Proposal for Public Officials and Employees Liability Insurance, and the Application for a Commercial Crime Policy for Governmental Entities; subject to final review and approval by the County Attorney.



Contracts, Leases & Agreements/Insurance



Request for approval to renew the County's Annual Commercial Insurance Policies, effective October 1, 1993; subject to final review and approval by the County Attorney.



Contracts, Leases & Agreements/Insurance



Request for approval to place the Statutory Death Benefits Coverage with AIG Life, Effective October 1, 1993; subject to final review and approval by the County Attorney.



Contracts, Leases & Agreements/Insurance



Request for approval of the annual renewal of the County's Protected Self Insurance Program with Arthur J. Gallagher & Company; contract for claims management with Gallagher Bassett Services, Inc. effective October 1, 1993; and authorization for the Chairman to execute the appropriate document(s); subject to final review and approval by the County Attorney.



Contracts, Leases & Agreements/Insurance



Request for approval of settlement of worker's compensation claim, in the amount of $69,750.00, in regarding to Maxine Joan Gardetto v. Lake County Board of County Commissioners; subject to final review and approval by the County Attorney.

Subdivisions



Request final plat approval of Highland Lakes, Phase 2C, Planned Unit Development; subject to final review and approval by the County Attorney. (121 lots in Commission District 3).



Resolutions/Roads-County & State



Request for final plat of Lake County Central Park; and acceptance of Independence Blvd. (#2-2323), American Way (#2-2325), and O'Brien Road (#2-2427) into the County Maintenance System; subject to final review and approval by the County Attorney. (48 lots in Commission District 2).



Contracts, Leases & Agreements/Grants/State Agencies

Mosquito-Aquatic Plant Management



Request for approval of the Florida Department of Environmental Protection (DEP) Contract for Fiscal Year 1993-94; and authorized proper signature on same.





Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following Statutory Warranty Deed:



Christopher J. and Glenda M. Hutzel - Smitty Road - #5-7906



Resolutions/Solid Waste



Request for approval of Resolution 1993-152 adopting a fee schedule for Lake County Solid Waste Disposal Facilities.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

SUITS AFFECTING THE COUNTY/CONTRACTS, LEASES & AGREEMENTS

COUNTY ATTORNEY

Mr. Tim Hoban, Assistant County Attorney, presented the request for approval of the terms and conditions of the Partial Settlement Agreement in regarding to Lake County v. Theodora E. R. Brady, Imran Kamadia, Sajjad Jawad, Sajjay Madhu, individually or collectively, dba Club 44.

Mr. Kirk Warren, Assistant County Attorney, appeared before the Board and stated that he has had negotiations with Mr. Jack M. Rosenkranz, Esquire, who is representing Imran Kamadia, Sajjad Jawad, and Sajjay Madhu, the individuals who were in management of Club 44 during the June disturbances. He explained that the Partial Settlement Agreement that is being proposed does not include Ms. Brady, who is the owner of the establishment. At this time, Mr. Warren explained that, under the terms and conditions of the proposed Settlement Agreement with the three respondents, Imran Kamadia, Sajjad Jawad and Sajjay Madhu, they will agree to a permanent injunction against each of them from operating or maintaining the place of business known as Club 44. In addition, the three respondents will stipulate and agree that they will never be employed, operate, maintain or own any interest in any business in Lake County, which is open to the public and which serves or on which is consumed alcoholic beverages; and the respondents will pay to Lake County the total sum of One Thousand Dollars ($1,000.00) as remittance to satisfy the costs incurred by Lake County.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved the tentative terms and conditions of the Partial Settlement Agreement, Case No. 93-1352-CA-01, Lake County v. Theodora E. R. Brady, Imran Kamadia, Sajjad Jawad, Sajjay Madhu, individually or collectively, dba Club 44.

BIDS/JAILS/CORRECTIONS DEPARTMENT

Mr. Pete Wahl, County Manager, presented this request.

Commr. Gerber made a motion, which was seconded by Commr. Bailey, to approve the request for authorization to prepare a Request for Proposal (RFP) and solicit bids for the enclosure of the recreation yard fence at the New Main Jail.

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, noted that the estimated fiscal impact, in the amount of $120,000.00, was derived from a proposal presented by Detention Industries, Inc. who did the original security screening.

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

MEETINGS/FIRE PROTECTION

Mr. Pete Wahl, County Manager, presented a request from the Fire/Rescue Advisory Committee to set a public hearing on Tuesday, September 28, 1993, at 5:00 p.m., for the purpose of final discussion of the Fire/Rescue Organizational Summary. He noted that said time will allow all of the members of the Fire/Rescue Advisory Committee to be in attendance for said discussion.

At this time, it was the decision of the Board to schedule a public hearing on September 28, 1993, at 5:00 p.m., in the Board of County Commissioners Meeting Room for the purpose of final discussion of the Fire/Rescue Organizational Summary; and that appropriate notification would be provided to the public.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Hanson requested that the appointments of individuals to vacancies on the Lake County Code Enforcement Board be postponed, at which time the Board postponed this request until October 5, 1993.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

REPORTS/PLANNING & DEVELOPMENT

Mr. Terrell Davis, Georgia Pacific, appeared before the Board to make a presentation on Best Management Practices (BMP) for Silvaculture and to address the Conservation Element, Policy 7-58.4, Lake County Comprehensive Plan. He explained that BMPs are performance standards for forestry activities in the woods that must be met depending on the activities that are taking places. The BMPs were not mandatory, nor regulatory, and the Environmental Protection Agency (EPA) requested a compliance check. He explained that the BMPs that were established several years ago were primarily for the purpose of eliminating degradation of water quality, and there were concerns among the forestry community that the BMPs did not address wildlife habitat and other environmental areas. A committee was developed to review, and update the BMPs for silvaculture, and a report has been prepared addressing the performance standards for forestry activities in the woods.

Mr. Davis stated that Policy 7-58.4 of the Conservation Element outlines that silvacultural policies will be re-evaluated, with the Florida Department of Agricultural Consumer Services to prepare new guidelines and Best Management Practices; and that the Comprehensive Plan will be amended to be consistent with the new provisions. At this time, Mr. Davis requested that the Board give direction for staff to review and evaluate the BMPs and give consideration to incorporating them into the Lake County Conservation Element.

Commr. Swartz suggested that Mr. Davis present his report to the Natural Resources Advisory Committee, and the Agricultural Advisory Committee. He further suggested that County staff review the report alluded to above by Mr. Davis, and begin drafting proposed amendments to the Comprehensive Plan for the next amendment process.

ADDENDUM NO. 1 (CONTINUED)

INSURANCE

Mr. Pete Wahl, County Manager, presented the request for the selection of The Health Advantage Proposal, submitted by The Health Advantage Network, as the PPO Provider for a one year contract to be effective November 1, 1993. He noted that the recommendation before the Board this date was prepared by a Selection Committee consisting of staff, and is relative to the five (5) proposals that were received. He stated that it has been suggested that this request be postpone and noted that the health insurance issues have been moved forward in order that said program can be in place prior to the beginning of the plan year.

Commr. Cadwell stated that he would support postponing this request for one week and would like to sit on the Review Committee as a representative of the Board. At this time, discussion occurred regarding the appropriate makeup of the Review Committee. It was the decision of the Board that the Review Committee would consist of Commr. Cadwell; Mr. James C. Watkins, Clerk; a representative of the County Employees; Mr. Pete Wahl, County Manager; Ms. Eleanor Anderson, Budget Director; Ms. Lois Martin, Human Resources Director; and Mr. Wayne Hamilton, Risk Manager. Mr. Wahl suggested that the Employee Advisory Committee select the representative of the County employees.

It was noted that this request would be brought back before the Board on October 5, 1993.



REPORTS

COMMISSIONER GERBER - DISTRICT NO. 1

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved Resolution 1993-141 honoring Ms. Pastora Massad for her many years of dedication in the provision of services to the residents of Lake County; and authorization for Commr. Gerber to make said presentation on behalf of the Board.

MEETINGS/PLANNING & DEVELOPMENT

Commr. Gerber brought up for discussion the feasibility of the Board sitting around the conference table with staff in a group dynamic setting during the Land Development Regulations (LDRs) workshop. It was the consensus of the Board that said workshop would be held around the conference room table, and that there would be no public comment at said workshop.

COMMISSIONER BAILEY - DISTRICT NO. 2

Commr. Bailey made a motion, which was seconded by Commr. Hanson, for approval of Resolution No. 1993-142 to Cherry Lake Farms congratulating Cherry Lake Farms for being nominated for the 1993 Governor's Business Leadership Award.

It was noted that the presentation would be made on October 5, 1993, and that an invitation would be extended to the President and appropriate individuals of the Cherry Lake Farms, and Industrial Development Authority members would be notified of said presentation.

COMMISSIONER SWARTZ - DISTRICT NO. 3

ACCOUNTS ALLOWED

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



COMMISSIONERS

Commr. Swartz presented the request for consideration of a new budget and management initiative, which would include a proposal to be prepared by the County Manager that would evaluate the underlying budget and management procedures of County government, and would recruit citizens to serve on the various committees and subcommittees for the purpose of making proposals to the County Manager for the Board's consideration. The proposal would include a "kitchen cabinet" approach involving citizens, with special expertise from the private sector, to propose ways in which the Board can implement some of the following: 1) An entrepreneurial spirit to managing County government; 2) initiate a competitive atmosphere resulting in higher productivity and greater efficiency; 3) evaluate privatization in areas that may result in greater cost savings and greater effectiveness; 4) evaluate modern business management techniques that might be appropriate for the public sector; 5) recommend a system where managers truly manage, and to provide a format to reward success and increased productivity and efficiency; and 6) to "re-invent Lake County government. He requested that the County Manager prepare a specific proposal for the Board's review within one month, and within six months from the formation of the "kitchen cabinet", the County Manager would present to the Board recommendations that could be incorporated into the 1994-95 budget.

Commr. Hanson stated that she supports the suggestions alluded to above and suggested that prioritization be included in the list of suggestions. She noted that a system to provide a format to reward success was set up several years ago and suggested that this item be revisited. She noted that this proposal puts into words what she has been suggesting and working with the County Manager to accomplish for some time. She stated that it is important to evaluate how to gain greater efficiency, more effectiveness, and provide services to the citizens of Lake County, and to accomplish those task the County must look at middle management.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved a proposal in which the County Manager would prepare a program, for the Board's consideration, that evaluates the underlying budget and management procedures of County government, and includes citizen committees making proposals to the County Manager for consideration by the Board.

COMMISSIONERS/COUNTY ATTORNEY

Commr. Hanson brought up for consideration the release of the County Attorney, Ms. Annette Star Lustgarten, from her contract at this time rather than delay the action until a later time, and noted that she is prepared to make a decision today.

Commr. Swartz stated that this item has been scheduled for the second meeting in October, and that it is inappropriate to take action today on an item of this importance. He further stated that the County Attorney has been presenting required legal opinions for the successful bond closings that are scheduled for the first week in October, and it would be premature and harmful to said bond closing to take action on this issue today.

Discussion occurred regarding this issue, at which time it was the decision of the Board to postpone taking action on the County Attorney's evaluation until October 8, 1993 at 9:00 a.m.

RECESS AND REASSEMBLY

At 11:00 p.m., the Chairman announced that the Board would recess, and reconvene at 1:30 for a public hearing on the First 1993 Calendar Year Comprehensive Plan Amendment.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

PLANNING & DEVELOPMENT

The Chairman announced that the time had arrived for the continuation of the adoption hearing from the September 7, 1993 meeting on the First 1993 Calendar Year Comprehensive Plan Amendment.

Mr. Mark Knight, Principal Planner, Planning & Development Services appeared before the Board and stated that during the September 7, 1993 meeting the Board directed staff to contact the Department of Community Affairs (DCA) regarding compliance issues, and what DCA felt were compliance issues, in regard to the Comprehensive Plan. Staff was also directed to work in conjunction with Public Services to determine an alternate method to the Stormwater Needs Assessment. Mr. Knight stated that DCA has been contacted and, at this time, briefly reviewed the issues of concern. He noted that DCA objected to language in the Future Land Use Element in regard to the Community Development Block Grants (CDBG) for Lake Kathryn, Lake Mack, and Pine Lakes, and DCA was informed that it was the intent of Lake County to only identify said areas at this point in time. DCA agreed that this would not be a compliance issue just by using said areas as target areas. He noted that DCA requested a Market Analysis in regard to the amendment to the Wekiva River Protection Area, and the Urban Compact Node outside of the Wekiva River Protection Area. He explained that a reviewed has been made of current existing zoning and future land use in all areas, assuming that the difference between those would be a supply or demand. The Comprehensive Plan identified the area as a greater supply than demand; however, recent development projects coming into the Urban Compact Node, even though they have the ability to go to 5.5 units per acre, indicate that there is not a demand to go to said density. DCA indicated that figures were necessary, however, they indicated that the Transfer of Development Rights (TDRs) were not an essential part of protection to the Wekiva River.

Commr. Hanson stated that the Wekiva River Amendment was for the purpose of protecting the Wekiva River, and that was the time that the TDRs came into place. To imply that it was anything different than that is fallacious. It was not intended to restrict or regulate any part outside of the Wekiva River Basin. At this time, she questioned DCA's ruling that the TDRs were not an essential part of the protection of the Wekiva River, and explained that other issues of the Comprehensive Plan and planning were to be put in place at a later time.

Mr. Knight noted that DCA expressed concern with language in Policy 7-1.2: Analysis of Environmental Staffing, and has agreed to the inclusion of language, on Page VII-3, after the reference to "within six (6) month of approval by the Board of County Commissioners.", as follows: All programs evaluated as part of the Environmental Resource Management Plan shall be initiated by the date of the evaluation and appraisal report (May 1998).

Mr. Knight stated that the Parks and Recreation Department is in the process of obtaining a "FERDAP" grant for installing of a ramp on the Palatlakaha River south of Clermont, and a floating dock will be installed at John's Lake. The Parks and Recreation Department has requested that said improvements be included under the Parks and Recreation Capital Improvements for 1993/94, with funding provided by the Florida Game of Fresh Water Fish Commission. He noted that he has been provided a letter, date September 8, 1993, from the Florida Game of Fresh Water Fish Commission as documentation estimating approximately $50,000.00 in improvements.

Mr. Donald Griffey, Director of Engineering, Public Services, appeared before the Board to present a program overview which represents an outline for the development of a Lake County Stormwater Management Program, and stated that the Board had directed staff to take a more detailed look at the Stormwater Management Sub-Element Amendment. He noted that a Stormwater Management Sub-Element Amendment and Program Overview had been distributed to the Board prior to the meeting this date. He explained that currently the stormwater program provides for development review in addressing drainage complaints and problems as they arise. He explained that currently the capabilities are not available to start implementing a stormwater program that would be needed in order to address some of the requirements in the Comprehensive Plan. The program before the Board this date targets problem areas and develops programs of studies specific to those problem areas. The proposed program works in close association with the Lake County Water Authority, St. Johns River Water Management District, the USDA Soil Conservation Service and municipalities that currently have stormwater utilities.

Mr. Griffey explained that the initial funding source for the Stormwater Management Program will be the County Transportation Trust (CTT) fund; therefore, the initial focus of the program will be on the improvement of road related problems. Areas will be evaluated, and improvement plans will be developed for road related and non-road related problems. He explained that once stormwater funding is instituted in an area, the CTT fund will be reimbursed on a pro-rata basis for non-road related versus road related improvements. The road related improvements would be incorporated into the regular road improvement program; and the non-road related improvements would be used as a base for going into an area, devising a stormwater funding mechanism, and implementing the non-road related improvement program. The funding programs should be based upon the Basin boundaries and the specific improvement needs of that Basin. The CTT fund will be utilized initially to assess improvement needs, and will be reimbursed from an implemented stormwater fund based upon non-road related improvements. At this time, Mr. Griffey reviewed the Implementation Plan and the estimated Stormwater Management Program Costs and Cost Summary of the Plan Overview.

Mr. Griffey reviewed language changes to Policy 6C-1.1; Policy 6C-1.2; Policy 6C-1.3 and Policy 6C-1.5, of the Stormwater Sub-Element, Chapter VI-C, necessary to reflect the Stormwater Management Program outlined this date. Discussion occurred regarding Policy 6C-1.5: Funding for Stormwater Management, at which time Commr. Swartz referred to Policy 6C-1.1 (3) (c), which establishes a permanent funding mechanism and implementation of non-road related improvements by the end of 1995 for the Astor area, and noted that this commits the Board to finding a permanent funding source for the non-road related improvements.

Mr. Griffey explained that Policy 6C-1.3 outlines the priorities for Stormwater Master Planning, and he is proposing to develop program priorities and plan strategies in cooperation with the state and local agencies involved at the beginning of the initiation of the Stormwater Management Program.

At this time, the Chairman announced that the time had arrived for public comment on the proposed changes to the First Calendar Year Comprehensive Plan Amendment.

Mr. Greg Beliveau, The Land Planning Group, appeared before the Board to endorse retaining the CDBG areas in the Comprehensive Plan, and stated that The Land Planning Group feels it is important to notify DCA that those areas are important and that the Board will be utilizing those areas for grant purposes and utilizing DCA funds for said purposes.

Mr. Knight presented the Land Use Element Amendment to the Board for adoption and noted changes to Policy 1-8.1 and Policy 1-20.5.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve the changes in Goals, Objectives & Policies of the Land Use Element Amendment and the Future Land Use Plan Map.

Commr. Swartz stated that he cannot support this request primarily because of the Wekiva River Protection Area. He stated that he believes that the way to solve the problem in the Wekiva, as well as many of the other areas because of the Comprehensive Plan, was to expand the Transfer of Development Rights (TDRs).

The Chairman call for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

Mr. Knight presented the Traffic Circulation Element Amendment to the Board for adoption and noted that there are no changes from the original amendment that was transmitted to DCA on March 23, 1993.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to adopt the Goals, Objectives & Policies of the Traffic Circulation Element Amendment.

Mr. Knight presented the Housing Element Amendment to the Board for adoption and noted that there are no changes from the original amendment that was transmitted to DCA on March 23, 1993.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved to adopt the Goals, Objectives & Policies of the Housing Element Amendment.

Mr. Knight presented the Public Facilities Element Amendment, noting that the Board will be adopting the Stormwater Management Sub-Element Amendment, dated September 21, 1993.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved to adopt the Goals, Objectives & Policies of the Stormwater Management Sub-Element Amendment and supporting documentation.

Mr. Pete Wahl, County Manager, requested that direction be given to make the appropriate changes in the County Transportation Trust (CTT) fund line. At this time, Commr. Swartz instructed staff to make the appropriate changes to the CTT Fund line for the 1993-94 Final Budget Hearing, scheduled at 5:05 p.m. this evening. Mr. Wahl explained that said change may not be in place for the Final Budget Hearing; however, he does want it on the record that the Board has approved said changes and has directed staff to include said changes as part of the overall budget for Fiscal Year 1993-94. It was noted that this would either be prepared for the Final Budget Hearing or will come back to the Board as an additional amendment.

Mr. Knight presented the Conservation Element Amendment to the Board for adoption and noted a change in Policy 7-1.2, changing the date to 1995; Policy 7-1.2 as alluded to previously; and a change in Policy 7-2.18 striking "Upon Plan adoption".

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, the Board approved to adopt the Goals, Policies & Objections of the Conservation Element Amendment.

Mr. Knight presented the Capital Improvements Element Amendment to the Board for adoption and noted that said amendment was to include Table X-10, the Five Year Schedule of Capital Improvements. He noted that said schedule will include the Palatlakaha River Project, and funding in the amount of $50,000.00 for Fiscal Year 1993-94 from the Florida Game and Fresh Water Fish Commission. It was also noted that the St. Johns Rive Basin number will be changed and the appropriate numbers will be inserted in regard to the Stormwater Sub-Element.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to adopt the Goals, Policies & Objectives of the Capital Improvements Element Amendment.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved Ordinance No. 1993-14 adopting the First 1993 Calendar Year Comprehensive Plan Amendment.

RECESS & REASSEMBLY

At 2:30 p.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 2:40 p.m. for a workshop.

ADDENDUM NO. I (CONTINUED)

LANDFILLS/SOLID WASTE

Mr. Pete Wahl, County Manager, stated that the workshop this date was a continuation of a workshop on September 14, 1993 on the Landfill Reclamation Economic Analysis for the Astatula I Landfill. He explained that, during the presentation on September 14, 1993, Post, Buckley, Schuh & Jernigan, Inc., the consultant, addressed the issues related to landfill mining, and it was the direction of the Board to explore the impact of utilizing the shortfall of material under the County's Waste-To-Energy contract.

Mr. Ron Roche, Director, Solid Waste Management Division, appeared before the Board and stated that the consultant and staff have examined two (2) scenarios under four (4) different conditions, which consisted of the following: a) The cost if the County was meeting the guarantee tonnage of 130,000 tons per year; b) The cost if the County was 5,000 tons short of meeting the guarantee tonnage; c) The cost if the County was 10,000 tons short of meeting the guarantee tonnage; and d) The cost if the County was 20,000 tons short of meeting the guarantee tonnage. Mr. Roche noted that the numbers before the Board are based on the County hiring its own forces to do the mining.

Mr. Omar Smith, Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board and referred to a Technical Memorandum, dated September 15, 1993, noting that said memorandum has been prepared as an amendment to the Landfill Reclamation Economic Analysis memorandum presented to the Board on September 14, 1993. He stated that they have reviewed mining the whole landfill and a partial portion of the landfill. Scenario A assumes a full mining of the landfill over a ten year period, and Scenario B assumes a parcel mining of the landfill over a five year period.

Mr. Smith stated that the County is obligated to pay for 130,000 tons per year of waste processing whether that quantity is delivered to the Waste-To-Energy (WTE) facility or not. Any amount over that quantity will require additional payment to Ogden Martin on a per ton basis. The cost per ton below the 130,000 tons per year is an additional cost at an estimated amount of $5.00 per ton. The tonnage costs above the 130,000 tons equates to $5.00 per ton, plus a cost put together by Ogden Martin of $55.00 per ton, and an additional $5.00 per ton because of loss revenue in the energy, for a total of $65.00 per ton over the 130,000 tons per year of waste processing.

Mr. Kyle Garrett, Ogden Martin Systems of Lake, Inc., appeared before the Board and explained that currently everything above 130,000 tons is covered in the shortfall, and Ogden Martin is paying for said shortfall with outside tipping fees. He stated that, if it went above the 130,000 tons, the County would be paying for the additional tonnage. He explained that, after the County went above 163,000 tons, there is an additional waste service fee for additional capacity that is based on Ogden Martin having availability, and would be approximately $22.00 per ton.

At this time, Mr. Smith reviewed the WTE Processing Alternative Cost, as illustrated in Attachment 1 and 2 of the Technical Memorandum, for the full footprint for a ten year program, and the reduced footprint for a five year program, which illustrates the scenarios for the landfill mining costs. He explained that Attachment 3 provides a total cost for reclamation, capping, and a pilot program for each scenario based on the WTE processing fee alternatives. There was a break even for a partial footprint with a 5,000 ton shortfall when compared to the perma class closure with no reclamation. He stated that there is an additional cost with a pay back in revenue.

Discussion occurred regarding the problems with leachate and the appropriate method of processing said waste. Mr. Roche stated that one consideration would be an agreement with Ogden Martin to trade the County's leachate for Ogden Martin's flow down water, and a chemical analysis is being performed to determine the feasibility of this consideration.

Commr. Cadwell stated that there are too many unanswered questions in landfill mining, and he supports capping the Astatula I Landfill.

Commr. Hanson stated that she supports closing the Astatula I Landfill, noting that the landfill mining is too experimental.

Commr. Gerber stated that the 5,000 tons per year shortfall is a conservative number and that she supports the reclamation of the Astatula I Landfill.

Commr. Swartz explained that the issue is whether there will be a shortfall below 130,000 tons per year, noting that he does not believe there will be any growth in the County's way stream in the unincorporated area during the next five years even though there will be a growth in population. He noted that there is a risk in landfill mining; however, the mining will take place around the edge of the landfill, which is least likely to have problem waste. He stated that he feels landfill mining is worth trying given the fact that there are three scenarios that break even or cost less. He stated that his level of confidence in landfill mining is not only contributed to his visits to Lancaster County, but to presentations that were made at a landfill conference demonstrating that landfill mining is being performed successfully throughout the country.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, the Board approved to no longer give consideration to reclamation of the Astatula I Landfill; and for staff to proceed with a full closure of the Astatula I Landfill.

Commr. Swartz and Commr. Gerber voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:20 p.m.

G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



msf\9-28-93\9-21-93



A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FINAL BUDGET HEARING

SEPTEMBER 21, 1993

The Lake County Board of County Commissioners met in special session on Tuesday, September 21, 1993, at 5:05 p.m., at the Tavares Middle School Auditorium, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Tim Hoban, Assistant County Attorney; Peter F. Wahl, County Manager; and Marlene S. Foran, Deputy Clerk.

There were approximately seventy-five people present in the audience.

BUDGETS/RESOLUTIONS

Commr. Swartz opened the second and final public hearing for the purpose of amending the adopted tentative budget as it sees fit, for Fiscal Year 1993-94, and adopt a resolution stating the millage rate to be levied.

Mr. Pete Wahl, County Manager, stated that the Board's direction at the first public hearing, staff has worked in conjunction with the Sheriff's Office and have also looked at other issues that have been addressed by the Board and the public. The largest area of concern related to the Corrections Budget and Sheriff George E. Knupp, Jr. is present this evening to address the Corrections Budget.

George E. Knupp, Jr., Sheriff, appeared before the Board and expressed his gratitude to County staff for their dedication and cooperation with the Sheriff's Office in working out the details for coming up with a good viable budget to run the corrections facility. He stated that the Corrections Department has a revised budget in the amount of $8,464,811.00 for Fiscal Year 1993-94. He noted that there are costs that are not included in said budget which would include the utility bill, and the medical inmate costs. He stated that with the partnership he has recommended and the Board has accepted, they will be doing the citizens of Lake County justice in running their corrections facility. At this time, Sheriff Knupp addressed questions presented by the Board.

Commr. Cadwell expressed his appreciation to Sheriff Knupp and his staff for working with County staff toward a smooth transition of the transfer of control of the Corrections facility to the Sheriff's Department.

Commr. Swartz noted that at on September 28, 1993 the Board will take action on an Ordinance appointing the Sheriff of Lake County as the Chief Correctional Office of the Lake County Correctional facility.

Mr. Pete Wahl, County Manager, stated that in addition to the $8,464,811.00 that will be transferred to the Sheriff's Office for operational functions of the Correctional facility, there were a number of items that have been rebudgeted within the overall County General Revenue Budget, and, at this time, Mr. Wahl read into the record, the following rebudgeted items:

1) $50,000.00 - Attorney's Fees (Budgeted within the jail having relating to labor relations issues involved with the Corrections Department. Will be rebudgeted in the Personnel Department and withdrawn as necessary;



2) $525,000.00 - Transfer of utilities costs of the facility to the Facilities and Capital Improvements Section;



3) $175,000.00 - Facilities and Building Maintenance Fund;



4) $348,00.00 - Workmens' Compensation coverage for Corrections Officers;



5) $729,756.00 - Costs for inmate medical services;



6) $41,438.00 - Property Insurance.



Mr. Wahl stated that the total paid Board support for the operation of the Correctional facility is in the amount of $1,877,843.00.

Mr. Wahl explained that, within the deliberation of the separation and transition of the jail through the Sheriff's budget, $221,986.00 has been identified, which can be reduced from the millage level that was proposed at the first budget hearing on September 7, 1993, and amounts to a reduction of .0488 mills or approximately 4.9 cents per thousand. A further reduction has been identified in the Sheriff's budget insurance dollars, in the amount of $64,857.00, which amounts to .0143 mills; and a special reserve amount, that has to do with salary reserves, can be reduced $26,383.00, or .0058 mills, for a total of .0689 mills for a reduced millage from 5.2040 to 5.1351 mills.

At this time, the Chairman announced that the Board would receive comment from the general public on the proposed budget and proposed millage before the Board this date.

Mr. Sal Pignato, a resident of Eustis, appeared before the Board and suggested that the Board mandate each County department head to reduce a specific amount of dollars from their budget, which is the way it is done in private industry, noting that no one knows better than the department heads the day to day operation and where there is waste.

Mr. James Elmore, a resident of Clermont, appeared before the Board to address economic growth in Lake County and suggested way in which to raise tax dollars would be to allow the Raceplex and to have allow the Federal Prison to be built in Lake County.

Mr. Carl Linstrand, a local resident, appeared before the Board and questioned why there was a need for a Municipal Service Benefit Unit (MSBU) for Deer Island, to which Commr. Swartz explained that the MSBU for Deer Island appears in the budget as revenue. The County, as part of the approval process, required that the single entity that owns all of Deer Island pay additional monies to provide for Fire Protection so that it would, in fact, not impact the taxpayers of Lake County. Mr. Lindstrand expressed his concern with a two-hundred and forty (240) percent increase in the Landfill Enterprise, to which Commr. Swartz explained that the budget increase over last year's budget is the result of the Board having to recognize the cost in closing the old landfills, and additional money allocated in the budget are for building new landfill lining cells necessary for the Solid Waste system. He further explained that the Solid Waste Enterprise Fund is money that comes from the Solid Waste System, either in the form of tipping fees or special assessments and are not derived from property taxes.

Mr. Phil Brewer, a resident of Eustis, appeared before the Board and noted that with the slow economy situation and low property values there should not be an increases in property taxes. He addressed the issue of health costs for inmates at the Corrections facility; questioned the need for outside legal counsel when the County has a County Attorney to handle legal matters; and addressed the issue of high utility rates for the County and how the Public Service Commission and the utility companies have over charged the public exorbitant utility rates over the past years.

Commr. Swartz responded to concerns expressed by Mr. Brewer and explained that the main issue that is driving the Lake County tax burden for Fiscal Year 1993-1994 is the Correctional facility. He explained that under the Board of County Commissioners, with exception to the jail, there are only three (3) additional employees over last year and are temporary employees for the renovation project, which will result in more energy efficient equipment reducing the energy bill by approximately $500,000.00 per year when the renovation is completed.

Ms. Mary Mang, a resident of Leesburg, appeared before the Board and noted that she is on a limited income as many Lake County residents are and requested that the Board think very carefully before continuing with the proposed increase in property taxes.

Mr. Clarence Grundy, a resident of Mount Dora, appeared before the Board and addressed the expenses involved with closure of the landfills and questioned if the County sub-contracts said landfills. Commr. Swartz responded that County employees operate the landfills and the closure of old landfills and construction of new landfills is contracted to construction companies through the bid process. Mr. Grundy requested clarification on the number of deputies that have been appropriated in the proposed budget. At this time, Mr. Wahl clarified that five (5) deputies will be hired October 1, 1993; five (5) deputies at mid-year; and with the Board's consideration of five (5) deputies effective October 1, 1994.

Mr. Ronald Allee, a resident of Mount Dora, appeared before the Board and questioned how the temperatures in the Corrections facility are controlled and noted that the temperatures should be maintained at the highest possible temperature in the summer and the lowest in the winter; to which Commr. Swartz explained that an advanced computer operated program controls the temperature in the Corrections facilities. It was noted that there are four hundred and ninety-seven (497) inmates at this time in the facility.

Mr. Richard Dout, a resident of Tavares, appeared before the Board and expressed his concern that the Board is not representing the citizens of Lake County. He expressed his concern with the high cost of services for the Lake County Central Park, ambulance service and the solid waste costs, and noted that there has been no effort to cut back on expenses. Commr. Bailey explained that the money that is being appropriated to the development of the Lake County Central Park is being paid for out of proceeds from the sale of property at the Park. Commr. Swartz explained that Lake County has a contract with Florida Regional to provide an operating subsidy to Florida Regional in the amount of approximately $560,000.00 and Florida Regional then charges those using their service. It is a combination of a subsidy and a user fee system.

Ms. Vera Higuera, a resident of Montverde, appeared before the Board and expressed here concern that there are two (2) people in Montverde that are living on $125.00 per month or less and stated that the Board does not realize that there are people in Lake County that are suffering.

Ms. Jean Glynn, a resident of Tavares, appeared before the Board and questioned what efforts were being made by the County to collect delinquent taxes. Mr. Wahl explained that the tax notices are declared delinquent after April 1 every year, they are advertised and sold at a tax certificate sale. If the property owner, after a period of time, does not make good on said taxes to the owner of the tax certificate, those properties are subject to sale. He further explained that the County has actively pursued delinquent taxes from every entity.

Mr. Frances Rutter, a resident of Eustis, appeared before the Board and read a newspaper article regarding the County Manager and large raises that were being given to County employees. He expressed his concern with the property tax increase noting that many of the retired citizens of Lake County have had their incomes cut in half due to the low interest rates. Commr. Swartz addressed the issues addressed in the newspaper article and stated that with the recommendation of the County Manager and the new Board a number of the issues referred to in the newspaper article have been addressed and overturned. At this time, Mr. Rutter presented a newspaper article titled "Cut Government Fat" for the Board's review, at which time it was noted that said article would be returned to Mr. Rutter.

Mr. Wayne Scott, a resident of Howey-in-the-Hills, appeared before the Board to express his concern with the incidental expenses in the budget and suggested that the Board do whatever is necessary to lower the taxes.

Mr. Pearl McCreary, a resident of Astor, appeared before the Board and expressed his concern with the County using taxpayers money to restore old buildings. He suggested that the inmates in the corrections facility be put to work and questioned the necessity of furnishing the inmates with conveniences such as television sets and recreation rooms. Commissioner Swartz explained that the County is required by State Statutes to provide exercise areas of a specific size and are required to provide cells of a specific size. He noted that the television sets and exercise equipment are purchased with inmate commissary funds.

Commr. Swartz stated that the proposed millage rate has been reduced from 5.2040 to 5.1351, the percent of increase over rolled-back is 8.2 percent, and the percent of increase over the current millage is 5.57 percent.

( Commr. Bailey stated that he has spoken with Mr. James Watkins, Clerk, in regard to money, in the amount of approximately $444,941.00, and that has been returned out of the excess fees fund and suggested that said money be used to offer some relief to the proposed budget.)

Commr. Cadwell stated that the percent increase over the current millage of 5.57 percent can be contributed directly to the Correctional facility and other items that have been discussed this evening. He stated that they have deleted positions, cut back at the jail and have taken steps to-date to look at all of the department to see what changes can be made to better manage and it is time to move forward.

Commr. Hanson commented that economic growth is extremely important for Lake County and growth should pay for itself; however, said growth demands services that the County tries to provide. It is important that the Board look at what services are really needed, what the public wants, and what they want to pay for. It is important that the Board provide services more effectively and efficiently. She commended the Chairman for his proposal on the "kitchen cabinet" program, which will be an aid to keeping the taxes down next year. She stated that she cannot support the increase.

Commr. Gerber stated that with the new budget initiative the Board will be working very hard to see that this budget year is not repeated, noting that staff has done their best to trim the budget and that she will support the tentative budget before the Board this date.

Commr. Bailey stated that he would like for the Board to try to further reduce the millage and does support using money from the Reserve Fund to reduce the budget further. He stated that he does not support the increased budget, and would encourage the Board to look at how the County can streamline through the budget initiative program.

Commr. Swartz stated that they have cut positions that were vacant, and have done more in the area of trimming cost than has been done in the past five years. He stated that County government can always do a better job and the Board will work to do a better job. The Board has cut over $3,000,000 from the budget that they began with and the increase in the budget this year is due to the increase in the cost for the corrections facility. He noted that the County employees have received salary increases less than the cost of living increases that most retirees have receive, and County employees will be required to pay more for their health care. He stated that the only areas left to cut are the services that are not mandated to provide.

At this time, Commr. Swartz stated that the percent of increase in the millage over the Rolled Back Rate is in the amount of 8.2 percent in the General Fund. The purpose for the increase is primarily contributed to the additional cost of providing for the operation of the Corrections facility in Lake County. The millage rate and percentage increases over the rolled-back are as follows:

% INCREASED CERTIFIED TENTATIVE (DECREASED) OVER

ROLLED-BACK MILLAGE RATE ROLLED-BACK



COUNTYWIDE

General 4.7469 5.1351 8.2%



MUNICIPAL SERVICE

TAXING UNIT (MSTU)

Greater Hills 4.5712 4.000 (-) 12.5%



LAKE COUNTY AMBULANCE

TAXING DISTRICTS

Lake County .2172 .2220 2%

Ambulance District



Commr. Swartz stated that this represents an aggregate increase over Rolled-Back of 8%. Pursuant to Section 200.065(3)(j), Florida Statutes, the amounts to be published as percentage of increase over Rolled-Back Rate shall be based on aggregate millage rates and shall exclude voted millage levies.

Commr. Swartz requested that staff publicly read in full the Millage Levy Resolutions.

At this time, Ms. Loretta Hale, Budget Analysis, publicly read Resolution No. 1993-153: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR LAKE COUNTY FOR FISCAL YEAR 1993-1994, PURSUANT TO THE PROVISIONS OF CHAPTER 200, FLORIDA STATUTES; PROVIDING FOR ADOPTION OF A FINAL MILLAGE RATE FOR THE "GREATER HILLS MUNICIPAL SERVICE TAXING UNIT"; AND PROVIDING FOR AN EFFECTIVE DATE.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board approved Resolution 1992-153 adopting the final millage rate for Lake County for Fiscal Year 1993-1994, and adopting the final millage rate for the "Greater Hills Municipal Service Taxing Unit".

Commr. Hanson and Commr. Bailey voted "No".

At this time, Ms. Debbie Tinis, Budget Analysis, publicly read Resolution No. 1993-154: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LAKE COUNTY AMBULANCE DISTRICT FOR FISCAL YEAR 1993-1994, PURSUANT TO THE PROVISIONS OF CHAPTER 200, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1993-154 adopting a final millage rate of 0.222 mills for the Lake County Ambulance District for Fiscal Year 1993-1994.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board approved Resolution No. 1993-155 adopting a final budget for Lake County for Fiscal Year 1993-1994 in the amount of $132,796,444.00.

Commr. Hanson and Commr. Bailey voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:00 p.m.



G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK





MSF/-93/9-21-93

A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FINAL BUDGET HEARING

SEPTEMBER 21, 1993

The Lake County Board of County Commissioners met in special session on Tuesday, September 21, 1993, at 5:05 p.m., at the Tavares Middle School Auditorium, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Catherine Hanson, Vice Chairman; Rhonda H. Gerber; Don Bailey; and Welton G. Cadwell. Others present were: Tim Hoban, Assistant County Attorney; Peter F. Wahl, County Manager; and Marlene S. Foran, Deputy Clerk.

BUDGETS/RESOLUTIONS

Commr. Swartz opened the second and final public hearing for the purpose of amending the adopted tentative budget, adopting a final budget for Fiscal Year 1993-94, and adopting a resolution stating the millage rate to be levied.

Mr. Pete Wahl, County Manager, stated that, at the direction of Board during the first public hearing on September 7, 1993, staff has worked in conjunction with the Sheriff's Office, and they have also reviewed other issues that have been presented by the Board and members of the public. The largest area of concern relates to the Corrections Department budget, and Sheriff George E. Knupp, Jr. is present this evening to address said budget.

George E. Knupp, Jr., Sheriff, appeared before the Board and expressed his gratitude to Ms. Mary Scott, Budget Analysis, Office of Budget, and to members of the County staff for their dedication and cooperation with the Sheriff's Office in working out the details for a viable budget for the Corrections facility. He stated that the Corrections Department has a revised budget, in the amount of $8,464,811.00, for Fiscal Year 1993-94. He noted that there are costs that are not included in said budget, which include the utility bill, and medical inmate costs. At this time, Sheriff Knupp addressed questions presented by the Board.

Commr. Cadwell expressed his appreciation to Sheriff Knupp and his staff for working with County staff toward a smooth transition of the transfer of control of the Corrections facility to the Sheriff's Department.

Commr. Swartz noted that action will be taken by the Board on September 28, 1993 in regard to an Ordinance appointing the Sheriff of Lake County as the Chief Correctional Officer of the Lake County Corrections facility.

Mr. Wahl stated that, in addition to the $8,464,811.00 that will be transferred to the Sheriff's Office for operational functions of the Corrections facility, there are a number of items that have been rebudgeted within the overall County General Revenue Budget. At this time, Mr. Wahl read, for the record, the following rebudgeted items:

1) $50,000.00 - Attorney's Fees (Budgeted within the jail operation in regard to labor relations issues. Will be rebudgeted in the Personnel Department and withdrawn as necessary);



2) $525,000.00 - Transfer of utilities costs of the facility to the Facilities and Capital Improvements Section;



3) $175,305.00 - Facilities and Building Maintenance Fund;



4) $348,430.00 - Workmens' Compensation coverage for Corrections Officers (Budgeted within the jail operation but retained within County Personnel);



5) $729,756.00 - Costs for inmate medical services;



6) $41,438.00 - Property Insurance.



Mr. Wahl stated that total Board paid support for the operation of the Corrections facility is in the amount of $1,877,843.00.

Mr. Wahl explained that, within the deliberation of the separation and transition of the jail through the Sheriff's budget, $221,986.00 has been identified, which can be reduced from the millage level that was proposed at the first budget hearing on September 7, 1993, and amounts to a reduction of .0488 mills or approximately 4.9 cents per thousand. A further reduction has been identified in the Sheriff's budget insurance dollars, in the amount of $64,857.00, which amounts to .0143 mills; and a special reserve amount, in regard to salary reserves, can be reduced $26,383.00, or .0058 mills, resulting in a total of .0689 mills for a reduced millage from 5.2040 to 5.1351 mills.

At this time, the Chairman announced that the Board would receive comment from the general public on the proposed budget and millage rate before the Board this date.

Mr. Sal Pignato, a resident of Eustis, appeared before the Board and suggested that the Board mandate each County department head to reduce a specific amount of dollars from their budget, noting that the department heads are familiar with the day to day operation and can better identify where there may be waste.

Mr. James Elmore, a resident of Clermont, appeared before the Board to address economic growth in Lake County and suggested a way in which to raise tax dollars would be to allow the development of the Florida Raceplex in Lake County, and to have allowed the construction of the Federal Prison.

Mr. Carl Lindstrand, a local resident, appeared before the Board and questioned the need for a Municipal Service Benefit Unit (MSBU) for Deer Island. Commr. Swartz explained that the MSBU for Deer Island appears in the budget as revenue. The County, as part of the approval process, required that the entity that owns Deer Island pay additional monies to provide for fire protection so that there would be no impact on the taxpayers of Lake County. Mr. Lindstrand expressed his concern with a two-hundred and forty (240%) percent increase in the Landfill Enterprise, to which Commr. Swartz explained that the budget increase over last year's budget is the result of the Board recognizing the costs associated with closing the old landfills. He explained that additional money is allocated in the budget for building new landfill lining cells necessary for the Solid Waste System. The Solid Waste Enterprise Fund is money from the Solid Waste System, either in the form of tipping fees or special assessments, and not derived from property taxes.

Mr. Phil Brewer, a resident of Eustis, appeared before the Board and commented that, with the slow economy and low property values, there should not be an increase in property taxes at this time. He addressed the issue of health costs for inmates at the Corrections facility and questioned the need for outside legal counsel when the County has a County Attorney to handle legal matters. He further addressed the issue of high utility rates for the County and how the Public Service Commission and the utility companies have over charged the public exorbitant utility rates over the past years.

Commr. Swartz responded to concerns expressed by Mr. Brewer and explained that the main issue driving the Lake County tax burden for Fiscal Year 1993-1994 is the Corrections facility. There are only three (3) additional employees over last year, which are temporary employees to be used for the renovation project. He explained that the renovation project will result in more energy efficient equipment reducing the energy bill by approximately $500,000.00 per year at time of completion.

Ms. Mary Mang, a resident of Leesburg, appeared before the Board and noted that she is on a limited income, as many Lake County residents are, and requested that the Board think very carefully before continuing with the proposed increase in property taxes.

Mr. Clarence Grundy, a resident of Mount Dora, appeared before the Board and addressed the expenses involved with closure of the landfills. Commr. Swartz responded that County employees operate the landfills, and the closure of the old landfills and the construction of the new landfills are contracted to construction companies through the bid process. Mr. Grundy requested clarification on the number of deputies that have been appropriated in the proposed budget. At this time, Mr. Wahl clarified that five (5) deputies will be hired October 1, 1993; five (5) deputies at mid-year; and consideration will be given to hiring five (5) deputies effective October 1, 1994.

Mr. Ronald Allee, a resident of Mount Dora, appeared before the Board to address energy saving techniques in the Corrections facility and suggested that temperatures be maintained at the highest possible temperature in the summer and the lowest in the winter. Commr. Swartz explained that an advanced computer operated program controls the temperature in the Corrections facilities. It was noted that there are four hundred and ninety-seven (497) inmates in the facility at this time.

Mr. Richard Dout, a resident of Tavares, appeared before the Board and expressed his concern with the high cost of services for the Lake County Central Park, ambulance service, and solid waste costs, and noted that there has been no effort by the Board to cut back on expenses. Commr. Bailey explained that money being appropriated to the development of the Lake County Central Park is paid out of proceeds from the sale of property at the Park. Commr. Swartz explained that Lake County has a contract with Florida Regional to provide an operating subsidy to Florida Regional, in the amount of approximately $560,000.00, and Florida Regional then charges those using their service.

Ms. Vera Higuera, a resident of Montverde, appeared before the Board and expressed concern that there are two (2) residents, in the Montverde area, that are living on $125.00 per month or less. She stated that it is imperative that the Board acknowledge the fact that there are residents in Lake County in very difficult financial situations.

Ms. Jean Glynn, a resident of Tavares, appeared before the Board and requested clarification on the County's efforts to collect delinquent taxes; at which time Mr. Wahl explained the County's process of collecting delinquent taxes through tax certificate sales. He noted that the County has actively pursued delinquent taxes from every entity.

Mr. Frances Rutter, a resident of Eustis, appeared before the Board and referred to a newspaper article in regard to large raises that were being given to County employees. He expressed his concern with the property tax increase, and stated that many of the retired citizens of Lake County have had their incomes greatly reduced due to the low interest rates. Commr. Swartz explained that a number of the issues that were addressed in the newspaper article referred to by Mr. Rutter have been addressed and overturned by the Board. At this time, Mr. Rutter presented a newspaper article titled "Cut Government Fat" for the Board's review.

Mr. Wayne Scott, a resident of Howey-in-the-Hills, appeared before the Board to express his concern with the incidental expenses in the budget and suggested that the Board do whatever is necessary to lower taxes.

Mr. Pearl McCreary, a resident of Astor, appeared before the Board and expressed his concern with the use of taxpayers money to restore old buildings. He suggested that the County put the inmates in the Corrections facility to work, and questioned the necessity of furnishing the inmates with conveniences such as television sets and recreation rooms. Commissioner Swartz explained that the County is required by Florida Statutes to provide exercise areas and cells of a specific size and noted that television sets and exercise equipment are purchased with inmate commissary funds.

At this time, Commr. Swartz stated that the proposed millage rate for Fiscal Year 1993-94 has been reduced from 5.2040 to 5.1351; the percent of increase over the Rolled-Back Rate is 8.2 percent; and the percent of increase over the current millage is 5.57 percent.

Commr. Cadwell stated that the percent of increase over the current millage of 5.57 percent can be contributed directly to the Corrections facility, and other items that have been discussed this evening. He stated that positions have been deleted, cut backs have been made at the jail, steps have been taken to review all departments to determine changes that could be made to provide for better management, and it is now time to move forward.

Commr. Hanson commented that economic growth is extremely important for Lake County and growth should pay for itself. It is important that the Board determine what services the public is willing to pay for, what services are really needed, and provide said service more effectively and efficiently. She commended the Chairman for his proposal on the "kitchen cabinet" program, which will be an aid to keeping taxes down next year; however, stated that she cannot support the increase before the Board this date.

Commr. Gerber stated that the Board, through the new budget initiative, will be working hard to assure that this budget year is not repeated, and staff have done their best to trim the budget.

Commr. Bailey stated that he would like for the Board to further reduce the millage, and he supports using money from the Reserve Fund to further reduce the budget. He stated that he does not support the increased budget, and would encourage the Board to streamline County government through the budget initiative program.

Commr. Swartz stated that more has been accomplished in the area of trimming costs for Fiscal Year 1993-94 than has been accomplished in the past five years, and explained that the Board has cut over $3,000,000 from the budget. He noted that the only areas left to cut are services that are not mandated to be provided.

At this time, Commr. Swartz stated that the percent of increase in the millage over the Rolled Back Rate is in the amount of 8.2 percent in the General Fund. The purpose for the increase is primarily contributed to the additional cost of providing for the operation of the Corrections facility in Lake County. The millage rate and percentage increases over the Rolled-Back Rate are as follows:

% INCREASED CERTIFIED TENTATIVE (DECREASED) OVER

ROLLED-BACK MILLAGE RATE ROLLED-BACK



COUNTYWIDE

General 4.7469 5.1351 8.2%



MUNICIPAL SERVICE

TAXING UNIT (MSTU)

Greater Hills 4.5712 4.000 (-) 12.5%



LAKE COUNTY AMBULANCE

TAXING DISTRICTS

Lake County .2172 .2220 2%

Ambulance District



Commr. Swartz stated that this represents an aggregate increase over the Rolled-Back Rate of 8% percent. Pursuant to Section 200.065(3)(j), Florida Statutes, the amounts to be published as percentage of increase over Rolled-Back Rate shall be based on aggregate millage rates and shall exclude voted millage levies.

Commr. Swartz requested that staff publicly read in full the Millage Levy Resolutions.

At this time, Ms. Loretta Hale, Budget Analysis, Office of Budget, publicly read Resolution No. 1993-153: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR LAKE COUNTY FOR FISCAL YEAR 1993-1994, PURSUANT TO THE PROVISIONS OF CHAPTER 200, FLORIDA STATUTES; PROVIDING FOR ADOPTION OF A FINAL MILLAGE RATE FOR THE "GREATER HILLS MUNICIPAL SERVICE TAXING UNIT"; AND PROVIDING FOR AN EFFECTIVE DATE.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board approved Resolution 1992-153 adopting the final millage rate for Lake County for Fiscal Year 1993-1994, and adopting the final millage rate for the "Greater Hills Municipal Service Taxing Unit".

Commr. Hanson and Commr. Bailey voted "No".

At this time, Ms. Debbie Tinis, Budget Analysis, Office of Budget, publicly read Resolution No. 1993-154: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE RATE FOR THE LAKE COUNTY AMBULANCE DISTRICT FOR FISCAL YEAR 1993-1994, PURSUANT TO THE PROVISIONS OF CHAPTER 200, FLORIDA STATUTES; AND PROVIDING FOR AN EFFECTIVE DATE.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1993-154 adopting a final millage rate of 0.222 mills for the Lake County Ambulance District for Fiscal Year 1993-1994.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried, the Board approved Resolution No. 1993-155 adopting a final budget for Lake County for Fiscal Year 1993-1994 in the amount of $132,796,444.00.

Commr. Hanson and Commr. Bailey voted "No".

There being no further business to be brought to the attention of the Board, the meeting adjourned at 7:00 p.m.



G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK





MSF/10-1-93/9-21-93