A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 15, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, March 15, 1994, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Don Bailey. Others present were: Frank T. Gaylord, Interim County Attorney; Timothy Hoban, Senior Assistant County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, Finance and Audit Department; and Marlene S. Foran, Deputy Clerk.

Mr. James C. Watkins, Clerk, gave the Invocation and led the Pledge of Allegiance.

MINUTES

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of January 25, 1994 (Regular Meeting), as presented.

Regarding the Minutes of February 10, 1994 (Special Meeting), the following correction was requested:

Page 7, Line 32 - insert after "determined" by the Board.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the Minutes of February 10, 1994 (Special Meeting), as amended.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Terrance L. Goodman, and Monnie Singeltary, Case No. 88-1339-CJ, in the amount of $50.00, and authorized proper signature on same.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Aaron Carroll Higgs, Case No. 93-1162-CFA-0142, in the amount of $250.00, and authorized proper signature on same.



Accounts Allowed/Assessments/Subdivisions



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



Howey Subdivision A



Richard J. & Rebecca Bonenfant $1,394.68



Bonds-Contractor



Request for approval of the following Contractor Bonds:



New



4066-94 David C. Whildon (Residential Contractor)

4462-94 Suzanne Frissell/Acree Air Conditioning, Inc.

4969-94 Buddy's Plumbing, Inc.

5281-94 Douglase Perkins dba Perkins High Reach (Electrical)

5282-94 James W. Blackburn dba Bill Blackburn Builders

5284-94 Lake Sumter Plumbing, Inc.

5285-94 Kevin Kenny dba K & S Electric, Inc.



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.



Utilities/State Agencies



Request to acknowledge receipt of notice from Florida Public Service Commission, In Re: Application for Water and Wastewater Certificates in Lake County by Lake Yale Corporation dba Lake Yale Utility Company, Order Granting Motion to Dismiss and Granting Certificates and Notice of Proposed Agency Action Order Setting Rates and Charges and Return on Equity.



Utilities/State Agencies



Request to acknowledge receipt of notice from the Florida Public Service Commission, Notice of Hearing to All Investor-Owned Electric and Gas Utilities, regarding the following:



Docket No. 940001-EI, Fuel and Purchased Power Cost Recovery Clause with Generating Performance Incentive Factor.



Docket No. 940002-EG, Energy Conservation Cost Recovery Clause.



Docket No. 940003-GU, Purchased Gas Cost Recovery Clause.



Docket No. 940042-EI, Environmental Cost Recovery Clause.



Hearing to be held at 9:30 a.m., Wednesday and Thursday, March 9-10, 1994, 101 E. Gaines Street, Room 106 Fletcher Building, Tallahassee, Florida 32399-0850.



COUNTY MANAGER'S CONSENT AGENDA



Mr. Pete Wahl, County Manager, requested that Tab 8, the appointment of the County Manager, as Custodian of Public Records for the Lake County Board of County Commissioners except for those records which are legally maintained by other governmental agencies, be pulled from the Consent Agenda until April 5, 1994.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, with the exception of Tab 8:

Accounts Allowed/Sheriff's Department/Budgets



Request for approval of a request from the Sheriff for payment of purchase of equipment and operating supplies, in the amount of $1,534.55; funds to be expended from the Law Enforcement Trust Fund in accordance with the provisions of Florida Statutes, Section 932.704.



Contracts, Leases & Agreements/Private Industry Council

State Agencies



Request for approval of two-year Employment and Training Plan for Volusia, Lake, Flagler-Private Industry Council for submission to the State and designation of Volusia County and their Chief Elected Official as the lead entity to conduct Title III negotiations with the Governor, and Chairman's signature on these and other applicable documents; subject to final review and approval by the Interim County Attorney.



Contracts, Leases & Agreements/Private Industry Council

State Agencies



Request for approval of submission of Lake County's proposal to operate the JTPA, Title IIA, Adult Training Program; the Title IIC, Youth Program, and the Title III, Dislocated Worker Program to the Volusia, Lake, Flagler-Private Industry Council, Inc. (VLF-PIC, Inc.); and authorize the Chairman to sign the proposal, subsequent contract and other pertinent documents; subject to final review and approval by the Interim County Attorney.



Accounts Allowed/Grants/Libraries/Municipalities



Request for approval of LSCA grant application, in the amount of $25,000.00, for the enhancement of library collections for Cooper Memorial and Mount Dora libraries; subject to final review and approval by the Interim County Attorney.



Contracts, Leases & Agreements/Libraries



Request for approval and signature on Cooperative Acquisitions Agreement with Central Florida Library Consortium for the provision of library reference materials.



Committees/Resolutions



Request for approval of Resolution No. 1994-47, recreating the Lake County Commission for Children under new provisions, which will streamline procedures by not being tied to Florida Statutes.



Accounts Allowed/Contracts, Leases, and Agreements

Public Health



Request for approval for the Lake County Public Health Unit to purchase a new 1994 Buick Century, under State contract, for the Administration Office. Total cost from State funds - $11,067.00.





Accounts Allowed/Grants



Request for approval of an Application for a Competitive Grant, in the amount of $161,280.00, from the Emergency Management Preparedness and Assistance Trust Fund; subject to final review and approval by the Interim County Attorney.



Ambulances-Hospital Districts



Request for approval to transfer titles on four ALS ambulances, which are being traded in by Florida Regional E.M.S.



Rights-of-Way, Roads & Easements/Deeds



Request for acceptance of the following non-exclusive easement deeds for the following:



Peter and Martha Valazquez

Endrico and Yolando Lugo



Wingard Harvesting Company



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



Request for release of a Performance Bond, in the amount of $137,800.30, for Greater Groves, Phase III; acceptance of a Maintenance Bond, in the amount of $32,759.16; and acceptance of the following roads into the County Maintenance System: Kiwi Trail (#2-0157), Kiwi Court (#2-0157C); Onecco Trail (#2-0157D); Parson Court (#2-0156A); and Greater Groves Boulevard extension (#2-0159).



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



Request for release of a Performance Bond, in the amount of $641,219.32, for Greater Hills, Phase V; acceptance of a Maintenance Bond, in the amount of $23,289.27, and a Maintenance Bond, in the amount of $37,658.20; and acceptance of the following roads into the county Maintenance System: Pointe East Trail (#2-1458E), Kensington Trail (#2-1458F), Gingermill Court (#2-1458I), Watermill Court (#2-1458J), and Oakland Court (#2-1458K).



Resolutions/Municipalities/Roads-County & State



Request for approval of Resolution No. 1994-50, transferring Donnelly Street C-44B (from Limit Avenue CR 4-4577 to U.S. 441) to the jurisdiction of the City of Mount Dora.



Accounts Allowed/Grants/State Agencies



Request for approval to submit Highway Safety Subgrant Application to Florida Department of Transportation in the amount of $16,200.00.



Accounts Allowed/Contracts, Leases & Agreements/Municipalities



Request for approval and authorization for Chairman to sign Interlocal Agreement between Lake County and the City of Tavares, a recipient of the Parks and Recreation Capital Improvement Program for $40,000.00 funding.





Contracts, Leases & Agreements/Mosquito-Aquatic Plant

Management



Request for approval and authorization for Chairman to sign a renewal of License to Use District Lands between Lake County Mosquito Control and St. Johns River Water Management District for the purpose of extending a mosquito monitoring project on the District's Lake Apopka March Flow-way Demonstration Project, Emeralda Island Marsh Conservation Area, and S.N. Knight Marsh Conservation.



Deeds/Municipalities/Rights-of-Way, Roads, and Easements



Request for approval and authorization for Chairman to execute Quit-Claim Deeds to Clermont and Minneola for County-Owned Railroad Right-of-Way.



Accounts Allowed/Roads-County & State/Road Projects



Request for approval of execution of Change Order to Design/Build Project No. 15-93, Getford Road/Hicks Ditch, to add Palmetto Avenue left turn lane, in the amount of $8,996.97. Commissioner District 4.



Accounts Allowed/Roads-County & State/Road Projects



Request for approval of execution of Change Order to Project No. 2-94 Round Lake Road Widening and Resurfacing, to add C-439 and C-44A Intersection Improvements, in the amount of $3,437.00. Commissioner District 4.



Roads-County & State



Request for acceptance of a Maintenance Map on Lake Griffin Road (#5-7611).



Deeds/Rights-of-Way, Roads & Easements



Request for acceptance of the following non-exclusive easement deed:

Hugh Lindsley, Sr. - Smith Avenue



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



Request for approval to advertise Road Vacation Petition No. 754 by James and Toni Wilkinson to vacate street and lots, Craig's Addition, to Sorrento. Mount Plymouth Area. Commissioner District 4.



Accounts Allowed/Contracts, Leases & Agreements

Tourist Development Council



Request for approval and execution of the Advertising Contract between Lake County and American Automobile Association for the Florida TourBook 1995 in the amount of $10,136.00.



Resolutions/Tourist Development Council



Request for approval of Resolution No. 51, amending Resolution No. 1992-131 to create Section 10, which will create the Office of Tourism Service Fee Schedule for the sale of a Rand McNally Lake County Map and the Lake County Promotional Video at the Welcome Center.



CITIZEN QUESTION AND COMMENT PERIOD

At this time, no one present wished to address the Board during the Citizen Question and Comment Period.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

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

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request for the Interlocal Agreement between Lake County and the City of Groveland Relating to Provision of Social and Economic Services; and authorized proper signatures on same.

ACCOUNTS ALLOWED/COMMITTEES/BUDGETS/MUNICIPALITIES

Ms. Judy Edwards, Coordinator for Citizens' Commission for Children, appeared before the Board to present the request to establish a neighborhood community center in the City of Eustis, and explained that the neighborhood center, named U.N.I.T.Y. (United Neighbors In Touch With Youth), was being formed to provide the youth in the high crime area of Bates Avenue a safe, happy place to spend time for education, recreation, and entertainment programs.

Mr. Tom Manning, Director of the Lake County Boys Ranch, and member of the Citizens' Commission for Children, appeared before the Board and stated that there was a great deal of enthusiasm and dedication from the neighborhood community, and the concept of a neighborhood center was born out of the need to address juvenile crime in the streets. He discussed the need for neighborhood centers, and neighborhood precincts, and noted that a large number of organizations have made commitments to support this project.

Commr. Hanson discussed the need for volunteer involvement to make this project self sustaining with as minimal costs as possible, and stated that the neighborhood community center would be a pilot program. She noted that a coordinator position will be needed and will require funding.

At this time, Commr. Hanson introduced Ms. Sandra Green, Ms. Carla Mitchel, and Mr. Bruce Stephenson, members of the Citizens' Commission for Children, who were present in the audience.

Ms. Sandra Green appeared before the Board and explained that a Board of Directors, a guiding strategy, and an action plan have been developed for this project, and that a Board of Trustees was in the process of being developed and will represent individuals from all parts of the County. She explained that an attorney has volunteered his services to write the Articles of Incorporation in order to obtain non-profit status, and they have applied for a Juvenile Justice Grant.

Ms. Green discussed the budgetary requirements for U.N.I.T.Y. and explained that the budget includes a request for an athletic coach, for the purpose of providing a certified and capable individual to run a weight room program. The Lake County School System will provide the facility for the weight room program, in addition to custodial care, and tutoring services. She stated that this program will provide a model and support system for other communities in Lake County who wish to start a neighborhood community center in their area.

Ms. Carla Mitchell, Eustis Comprehensive Youth Coordinator for the City of Eustis, and committee member, appeared before the Board and stated that this project would not fail. She explained that the neighborhood community center will provide controlled youth programs for children, and programs for at-risk young people that will enhance self-esteem, teach young people how to get along with others, provide drug awareness programs, and other programs that will save our young people.

Commr. Swartz stressed the importance that the Board recognize that additional support may be required other than the request to provide $28,912.00 to begin the neighborhood community center's activities. He explained that the Board will be approving the concept to establish a neighborhood community center, and an agreement with the non-profit corporation will be brought back to the Board for approval. He stated that he would support this request for funding from the General Fund Contingency; however, suggested that the General Fund Contingency be refunded with monies received back from the Sheriff's Department with regard to the jail.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the request from the Lake County Citizen's Commission for Children to establish a neighborhood community center in the City of Eustis; and to provide funding, in the amount of $28,912.00, from General Fund Contingency, to begin the neighborhood community center activities.

Ms. Green expressed her appreciation to the Board, as a resident of Lake County, for making the residents and children of the community top priority.

COUNTY PROPERTY/UTILITIES

Mr. Pete Wahl, County Manager, presented the requests to proceed with the development of a Design/Build package for Lake County Central Park water and wastewater distribution and collection systems, and approval to begin negotiations with Southern States Utilities, Inc. to be the utility provider for the Central Park.

Mr. Mike Anderson, Director of Facilities & Capital Improvements, appeared before the Board to discuss the recommendation to the Board to begin negotiations with Southern States Utilities to be the principal provider of water and wastewater treatment to Lake County Central Park, and explained that said recommendation follows a lengthy evaluation of the costs and timing impact when considering Southern States Utilities and the City of Leesburg as the primary utility company. He explained that the Industrial Development Authority has approved unanimously the endorsement of the recommendation before the Board this date. At this time, he provided a brief background of events that have led up to this request and explained that Lake County began negotiations in October 1993 with Southern States and the City of Leesburg, the two utility companies in a position to provide services to the Central Park. He explained that both utility providers would be required to follow the standards set forth by the Florida Department of Environmental Protection, Florida Department of Transportation, and Lake County Environmental Department and would be required to use the design criteria outlined in the Lake County US 27/SR 19 Property - Comprehensive Development Plan. He discussed the advantages and disadvantages of Southern States Utilities and the City of Leesburg, and explained that the costs and timing associated with extending services to the Central Park would be the greatest variable. He discussed the costs associated with the extension of service lines to the closest point of connection in the Central Park and explained that Southern States Utilities would have a distance of less than one (1) mile for extension of service lines versus over six (6) miles for the City of Leesburg to extend service lines, which results in an approximate cost of $580,000 for Southern States Utilities versus $2,200,000 for the City of Leesburg.

COMMISSIONERS

At 9:40 a.m., the Chairman turned the Chairmanship over to Commr. Cadwell.

At 9:45 a.m., Commr. Cadwell returned the Chairmanship back to Commr. Hanson.

COUNTY PROPERTY/UTILITIES (CONTINUED)

Mr. Anderson discussed the difference between the Private and Public Sector recommendations and stated that Post, Buckley, Schuh & Jernigan, Inc., have prepared a recommendation and an utility service provider analysis for water and wastewater service to the Central Park. At this time, Mr. Anderson introduced Ms. Kim Keefer, P.E., and Mr. Marc Walch, representing Post, Buckley, who were present to discuss the analysis.

In response to a request from Commr. Bailey, Mr. Anderson discussed the advantages of choosing Southern States Utilities to provide the water and wastewater services in regard to the timeliness issue. He stated that the recommendation for a design build criteria package for the on-site infrastructure, which would include the tie-in to Southern States Utilities, would take approximately five (5) months compared to eighteen (18) months to tie-in to the City of Leesburg utilities. He stated that Southern States Utilities has the capacity to serve the Central Park for Phase I; however, when Phase I develops out, expansion to the Southern States Utilities facilities will be required.

Commr. Hanson expressed concern with previous problems that Southern States Utilities has encounter in regard to digesters and lack of spray fields, to which Mr. Anderson responded that Southern States Utilities have added to their process and wastewater treatment plants and have acquired land south of Highway 27 and east of Highway 19 for operation of a spray field. He stated that their present capacity would have the capability to serve all of the development of Phase I without the additional spray field.

Mr. Anderson stated that the request before the Board this date was a recommendation that Lake County proceed immediately with the development of a Design/Build criteria package for the on-site/off-site infrastructure for Central Park; to begin negotiations with Southern States Utilities to provide the water and wastewater treatment for Central Park utilizing their current capacities; and to direct Southern States Utilities to begin the application process for certification of their franchise areas to include Lake County Central Park.

Commr. Gerber stated that the Summary of Cost Factors indicates the assumption that all impact fees from the City of Leesburg are paid in the first year. She stated that it was her understanding that the City of Leesburg currently offers an easy payment plan for impact fees; therefore, the above mentioned assumption would not be accurate.

Commr. Swartz expressed his support of installation of the infrastructure at the Lake County Central Park, however, stressed that the infrastructure be installed in the most cost effective manner possible. He requested clarification in regard to the reduced and non-reduced scenarios addressed on Page 9 of the utility service provider analysis. He further expressed his concern with the cost for water and wastewater services to customers. He stated that Table L, Total Present Worth, on Page 20 of the analysis, indicates that the City of Leesburg, on a total present worth basis, was less expensive on the reduced and non-reduced factors.

Ms. Kim Keefer, P.E., Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board, and provided clarification to the purpose for providing reduced and non-reduced scenarios. She explained that Post, Buckley reviewed the two service providers for the Central Park, and used the flows from the Master Plan computed in 1990, and the general factors of 1,500 units for water and for wastewater. The City of Leesburg indicated that the factors were very high, and that the actual flows would be lower, which would result in lower infrastructure. Post, Buckley artificially reduced all of the flow factors by seventy-five (75%) percent in order to determine how that would affect the decision making process, and the recommended service provider remained Southern States Utilities whether flows from the Master Plan were used or reduced flow generation factors. She discussed the total present worth factors and acknowledged that the City of Leesburg does have lower annual rates and fees on a single family home.

Commr. Swartz stated that there were two (2) wells on the Central Park property that have been tested and were adequate to provide the necessary flows. He questioned if there have been cost projections on the costs associated with the County providing water on the site. Mr. Anderson responded that one of the wells alluded to above was contaminated, and one has the flow characteristics, and the quality to serve as the main water supply. He stated that the City of Leesburg opted not to use the present on-site well and have plans to install their own well on-site at a cost of approximately $400,000.00. He stated that he would recommend that the well be used as a negotiating chip to be an additional water supply to Southern States Utilities, and to be used as a backup for fire protection, and irrigation purposes.

Commr. Swartz further discussed the option of the County providing water to the Central Park. He requested that an analysis be made of the costs associated with the County providing said water, and the costs in terms of annual rates and fees to the users as compared to the City of Leesburg and Southern States Utilities.

Mr. Fred Kurras, Appraiser, appeared before the Board and stressed that now was the time for the Board to make the economic decision whether to go into the water and wastewater utility business. He suggested that the cost of the six miles of lines for service with the City of Leesburg be shared with new developments that will be coming on-line during the next few years. He expressed his concern that the taxpayers will be required to purchase the Southern States Utilities facility five to ten years from now to support the Central Park. He stated that if the County determines not to go into the utility business, the Board should give consideration to a public entity over a private organization. Commr. Cadwell stated that he does not support the County going into the utility business at the Central Park. He stated that he supported the City of Leesburg as the utility provider for the Central Park, and he has encouraged staff to do everything possible to make it work with the City of Leesburg; however, the bottom line was whether the County wants to pay upfront or have the property owner pay in higher monthly rates.

Commr. Bailey stated that the Industrial Development Authority has been sensitive to working with the City of Leesburg; however, during discussions with the City, the timeliness issue became a factor. He encouraged the City of Leesburg to notify the County if a shorter time frame could be accomplished. He stated that American Hotel Register and Carroll Fulmer properties are ready to develop at this time, but have not commenced development in anticipation of the installation of infrastructure.

Discussion occurred regarding the Southern States Utilities system, the use of capacity of said system, and upgrades required to the system to bring the system up to the municipal level of service that is required within the Lake County Comprehensive Plan. Mr. Anderson noted that verification would be required, during the negotiation process, that the upgrades alluded to above have been accomplished.

Commr. Hanson explained that it was the County's intent to provide the land owner a lower cost upfront in order to sell the property at the Central Park.

Commr. Cadwell stated that it was a waste of time to look at the County providing water to the Central Park; however, he would support looking at said option in order to answer all of the Board's questions before making a decision on the utility provider for the Central Park.

Mr. Anderson expressed his concern that he would not be able to put together a Design/Build criteria package without knowing the distribution of the water lines on the site, and who would be supplying the water and wastewater treatment.

Commr. Hanson suggested the use of a Community Development Block Grant (CDBG) for funding purposes, at which time Mr. Anderson noted that a CDBG would be addressed at the time that the financial package was addressed.

Mr. Marc Walch, Post, Buckley, Schuh & Jernigan, Inc., appeared before the Board and stated that the analysis for the County to provide water to the Central Park could be accomplished in thirty (30) days.

Mr. Alvin Jackson, Economic Development Coordinator, appeared before the Board and stated that American Hotel Register has made the decision not to build until infrastructure was in place at the Central Park; however, he stressed that there was a risk that Carroll Fulmer Trucking may opt out of their commitment if there was a delay. He explained that Carroll Fulmer Trucking site plans have been approved, and that it was a matter of solidifying the agreement on the purchase of the land. The lending company for Carroll Fulmer Trucking requires assurance that the infrastructure will be in place. He informed the Board that numerous inquiries have been received in regard to the Central Park, and that those who have expressed an interest in the park have questioned the infrastructure.

Commr. Bailey stressed the importance of scheduling an Industrial Development Authority meeting, and invited all those who want to become involved with this process to attend said meeting. He recommended that the Commissioners become involved with staff, and the consultants, so that a decision can be made in thirty (30) days. He expressed his concern with the risk of losing American Hotel Register and Carroll Fulmer Trucking, and concurred with Commr. Cadwell that this project should proceed in a positive way.

Commr. Swartz reiterated his concerns with dealing with Southern States Utilities as the water and wastewater provider, and expressed his concern that the Board was ignoring the fact that total present worth was lower in both scenarios for the City of Leesburg.

Ms. Keefer provided clarification to the issues in regard to the cost of the off-site infrastructure with Southern States Utilities, the cost of drilling a well, the costs associated with the on-going operation of a County system, the timeliness factor of a County owned system, and the consumptive use process required to establish a system on-site.

Mr. Kurras reappeared before the Board and encouraged the Board to make a decision to commit to building the infrastructure at this time, and postpone the decision on who will be the utility provider for thirty (30) days.

Discussion occurred regarding the Design/Build criteria package, at which time, Mr. Wahl explained that the change in the engineering portion of the cost estimate was the fundamental framework for the Design/Build bid, and essentially, the Board would be requiring a contractor to commit to the development of two sets of engineering proposals in order to build a single bid.

Commr. Hanson stated that it was not feasible to have one provider for wastewater and one provider for water, which would result in a duplication of services. She stated that she was prepare to make a decision on the recommendation before the Board at this time.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved authorization for staff and the consultants to evaluate the supply of water from the Lake County Central Park property; to bring back similar cost proposals that have been provided for provision of said service in comparison to Southern States Utilities, Inc. and the City of Leesburg; to postpone the decision on who will be the utility provider for thirty (30) days; and direct staff to contact the City of Leesburg regarding the proposals on the payment of impact fees and how said fees would impact the cost of the system if the City was providing a different payment program.

RECESS AND REASSEMBLY

At 11:00 a.m., the Chairman announced that the Board would recess and reconvene at 11:20 a.m.

BUDGETS/RESOLUTIONS

Ms. Eleanor Anderson, Director, Office of Budget, appeared before the Board to present the Mid-Year Budget Amendment and reviewed the highlights of the Mid-Year Adjustments for Fiscal Year 1993/94. She noted that the public hearing on the Mid-Year Budget Amendment had been advertised as a courtesy to the public.

Commr. Swartz discussed the increase in Contingency, in the amount of $161,023.00, and questioned why said amount was put back into Contingency. He suggested increasing the Special Reserve rather than leaving monies in Contingency.

Mr. Pete Wahl, County Manager, responded that it has been Board policy to use mid-year adjustments to bring the Contingency back forward, and cautioned that it does limit the ability to move contingency money, if the Board determines not to continue said practice.

Mr. Frank Gaylord, Interim County Attorney, informed the Board that a motion has been received to pay the cost of Mr. Buddy Joe Richards' trial, at an estimated cost of $200,000 to $300,000, which would require funding out of Contingency. He explained that Mr. Richards was acquitted of a very serious charge, and that there would be a hearing to determine how much of that should be collectable.

At this time, the Chairman called for public comment. There being none, the Chairman closed the public hearing portion of the meeting.

Ms. Lois Martin, Director of Human Resources, appeared before the Board to discuss corrected personnel changes in Fire and Emergency Services Animal Control and Fire/Rescue. She explained that the original request for a pay grade change in Animal Control was in error, and the position remains as an exempt position. She further explained that the pay grade change under Fire/Rescue, for a reduction in the amount of $3,073.25, was submitted in error, and the position of Deputy Fire Chief will remain as a Deputy Chief at this time. It was noted that Ms. Martin had distributed a corrected "Personnel Change Requests" to the Board prior to the start of discussion on the Mid-Year Budget Amendment this date.

Ms. Anderson noted, for the record, that a memorandum, dated March 15, 1994, had been distributed to the Board for their review in regard to updated changes to the Mid-Year Budget Amendment.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution 1994-52, adopting a supplemental budget for Fiscal Year 1994-94.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

FIRE PROTECTION

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

On a motion by Commr. Bailey, seconded by Commr. Cadwell and

carried unanimously, the Board approved the request for authorization for the Chairman to sign an Agreement between Lake County and Pringle Development, Inc. relating to contribution of monies for fire equipment.

PLANNING/BOARD OF ADJUSTMENT

Mr. Pete Wahl, County Manager, presented the request from the Lake County Board of Adjustment for direction from the Board on the use of blanket variances for recreational vehicle parks within Lake County.

Mr. Paul Bergmann, Senior Director, Department of Planning and Development, appeared before the Board and distributed a list of mobile home parks that have been granted blanket variances. He noted that there have been thirteen (13) cases that have been granted variances to allow for ten (10') feet between units and ten (10') feet from the edge of pavement on all roads within each park, and seven (7) parks have been granted a variety of variances. He provided a brief history of events that have resulted in the Board of Adjustment requesting direction from the Board in regard to the granting of blanket variances for recreational vehicle parks within the County.

Mr. Greg Stubbs, Director of Development Regulations Services Division, appeared before the Board to discuss the request from the Board of Adjustment, and explained that the question was whether the County wants to bring existing non-conforming mobile home parks into compliance. He stated that the problems are concerning parks that have been in place for years and do not met the current setbacks, which are ten (10') feet from edge of pavement. He explained that language in the Land Development Regulations, dated June 1992, required recreational vehicle park, which existed prior to June 1, 1992, to meet a twenty (20') foot setback from edge of pavement, and a ten (10') foot setback from edge of pavement for recreational vehicle parks that existed on or after said date. He explained that the reason for said language was to keep existing development with existing setbacks.

At this time, Mr. Tim Hoban, Senior Assistant County Attorney, read vesting language, addressed in Chapter 1 of the Lake County Comprehensive Plan, in regard to the replacement of a legally existing mobile home without having to obtain a variance per requirements in Chapter 3. Extensive discussion occurred regarding the intent of the vesting language in regard to mobile homes.

Commr. Swartz explained that it was his understanding that the intent of the Board was to allow the replacement of a mobile home similar to what was in place, and setbacks would not have to be met. He stated that it was not his intent to allow a non-conforming use to be expanded, but to allow the existing non-conforming use to continue. He stated that he does not support blanket variances for parks, and he would suggest averaging the setbacks, or looking at the existing setbacks, and providing language in the code that allows the mobile home owner to come out to said setback. He further suggested that a responsible way to deal with this issue would be recognizing the uniqueness of some of the older parks by code.

Mr. Stubbs suggested a Land Development Regulations Amendment, which would require using a line in the park.

Mr. Wahl stated that it has been suggested to limit those encroachments into the setback only to those blocks where a variance has already been granted, and a line forward of the setback line has been established. He explained that it would prohibit a blanket variance to a park, except as it related to a given block in the park, which would make equal all similarly situated properties on a given block, to which Commr. Swartz interjected or a setback line at odds with the current setback rules that were established prior to a given variance.

Mr. Hoban questioned whether the County would continue the interpretation that allows replacement mobile homes to go from property line to property line, which is what was done in Dora Pines Mobile Home Park?

Commr. Hanson clarified that the individual would still have the opportunity to obtain a variance, although the intent of the Board was not to allow blanket variances.

Commr. Swartz stated that he shares the concerns of the Board of Adjustment in regard to blanket variances. He suggested that the Board provide language in the code that would allow non-conforming setbacks to conform to the existing type of development patterns where they exist as long as it meets specific criteria.

ACCOUNTS ALLOWED/GRANTS

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved the request for authorization for the Chairman to execute application for Rural Development Grant for Mobile Household Hazardous Waste Collection Program in the amount of $10,000.00.

RESOLUTIONS/AFFORDABLE HOUSING

Mr. Mark Knight, Chief Planner, Planning & Development Services, appeared before the Board to present this request.

Discussion occurred in regard to the Lake County Affordable Housing Advisory Committee Incentive Plan Recommendation Worksheets and Summary.

Commr. Swartz requested clarification on the definition of Affordable Housing in the Sadowski Act, and stated that he wants to be certain that the Board has the ability to target very low and low affordable housing.

Mr. Knight explained that the definition of the Lake County Local Assistance Program, which was adopted by ordinance, has been revised to be the definition as stated in the Florida Administrative Code due to the original definition being rejected by the Department of Community Affairs. The Advisory Committee recommended that the affordable housing definition as stated in the Sadowski Act be the definition of affordable housing in the Lake County Incentive Plan.

Commr. Swartz stated that the recommendation for modification of street requirements addresses a hardship variance from street construction requirements, but does not address sidewalks. He explained that, at the time that the Board adopted the Land Development Regulations for street requirements, he recommended a narrower street requirement. He further explained that a significant savings could be achieved to the developer and, therefore, the affordable housing applicant, by reducing the street right-of-way, and the amount of payment required to be put down. He stated that it would be a mistake to do away with the sidewalk requirement at a time when the County was looking for ways to provide sidewalks.

At this time, direction was given to staff that sidewalks are to be required, and that the right-of-way and street pavement would be reviewed. Commr. Swartz noted that he would like to see specific recommendations to the LDRs that address right-of-way and street pavement widths, affordable housing subdivisions, and other feisible conditions.

Commr. Swartz discussed the recommendation of the Advisory Committee not to recommend the use of allowances of increased density levels to promote affordable housing because an affordable housing density bonus program was not cost-effective. He stated that one way to promote affordable housing was to provide increased densities and suggested that the Board recommend increased density levels, or allowances, to promote affordable housing where infrastructure exists, and it makes it cost effective to do so.

Commr. Swartz made a motion, which was seconded by Commr. Bailey to change the recommendation of the Advisory Committee under the allowance of increased density levels incentive to recognize the concept of allowing an increased density bonus program for affordable housing.

Mr. Knight explained that the incentive plan was to focus on affordable housing and increased density throughout for infrastructure; however, the Advisory Committee was of the opinion that to give a bonus, density had to be limited, and it was not feasible to limit density that was already the appropriate density.

Commr. Swartz stated that the Comprehensive Plan has limited density to an arbitrarily low figure, which will actual impede affordable housing. He stated that changes may be required in the Comprehensive Plan that provide that density bonuses for affordable housing would be allowed, and suggested that staff review those impacts.

The Chairman called for a vote on the motion, which carried by a 5 - 0 vote.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved a one (1) year implementation schedule for the allowance of increased density levels.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved Resolution No. 1994-53, adopting the Lake County Affordable Housing Incentive Plan, as amended; subject to final review and approval by the County Attorney.

COMMITTEES/PURCHASING

Mr. Pete Wahl, County Manager, presented this request. He noted that a list of projected costs for Fiscal Year 1994/95, if the tier concept was not approved, had been distributed to the Board prior to the start of the meeting this date.

Ms. Kelley Soucy, Purchasing Manager, appeared before the Board to address questions and expressed her appreciation to the Reprographic Needs Committee.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the implementation of the three tiers of reprographic systems and purchase of equipment off State bid, as recommended by the Reprographic Needs Committee.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

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



Contracts, Leases, & Agreements



Request for approval of display ad contract with the Lake Sentinel for one (1) year; subject to final review and approval by the Interim County Attorney.



Accounts Allowed/Jails/Contracts, Leases & Agreements



Request for approval to use D.H. Griffin for the removal of the bridge and exercise yard north of the old jail at a cost of $6,000.00.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

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

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone the selection of a replacement on the HRS District 13 Board for the position which had been filled by Mr. Alvin Jackson until April 5, 1994.

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

Mr. Frank Gaylord, Interim County Attorney, presented this request.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the request to pay costs in the case of the State of Florida v. Frank Arthur Mauck in the amount of $407.66.

SUITS AFFECTING THE COUNTY

Mr. Frank Gaylord, Interim County Attorney, informed the Board that the Curtis Rutzebeck litigation was an on-going case dealing with a helicopter accident resulting from overhanging trees on Red Wing Road, and that the plaintiffs have filed an Offer of Settlement for payment in the amount of $15,000.00. He noted that a provision in the Florida Sunshine Law, Section 286.011, Subsection 8, allows the Board to go into an executive session for the discussion of settlement of cases. At this time, Mr. Gaylord requested that the Board authorize the implementation of said provision so that the Board can discuss in detail the ramifications of the settlement of the case in question.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board authorized the implementation of the Florida Sunshine Law, Section 286.011, Subsection 8, to allow the Board to discuss in an advertised executive session, on April 5, 1994, the ramifications of the settlement of the case of Curtis Rutzebeck.

COUNTY MANAGER

COUNTY POLICY/COUNTY EMPLOYEES

Mr. Pete Wahl, County Manager, presented the request to change the effective date of the implementation of the Sick & Annual Leave Contribution Policy.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried unanimously, the Board approved the request to change the implementation date of the Sick and Annual Leave Contribution Policy from March 1, 1994 to February 1, 1994.

COMMISSIONER GERBER - DISTRICT NO. 1

MEETINGS

Commr. Gerber informed the Board that the District No. 1 Townhall Meeting has tentatively been schedule on April 14, 1994, at 7:00 p.m., at Lake Square Mall. It was noted that the location for the meeting at Lake Square Mall would be determined at a later time.

COMMISSIONER BAILEY - DISTRICT NO. 2

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Bailey requested that the reappointment of Mr. Tom Chapman and Mr. Dale Ladd to the Lake County Planning and Zoning Commission be postponed at this time.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved the request for the reappointment of C.J. "Joe" Knowles to the Lake County Industrial Development Authority.



COMMITTEES/MEETINGS

At this time, Commr. Bailey extended an invitation to the Board to attend the Lake County Sports Committee meeting on March 18, 1994, at the Lake County Welcome Center, in regard to discussion on the Triathlon.

COMMISSIONER SWARTZ - DISTRICT NO. 3

COMMITTEES/RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved Resolution No. 1994-29, amending the membership, procedure, and term of the Lake County Animal Control Ordinance Study Committee.

COMMISSIONER CADWELL - DISTRICT NO. 5

MEETINGS/COMMISSIONERS

Commr. Cadwell stated that the Board would be hosting the Lake County Public Officials Conference on March 16, 1994 in the Board of County Commissioners Meeting Room. He noted that all municipalities in the County would be represented.

MEETINGS/COMMISSIONERS

Commr. Cadwell stated that Mr. Frank Gaylord, Interim County Attorney, has informed Commr. Gerber and himself that they should not attend the Regional Planning Council meeting, on March 16, 1994, due to discussion on Sugarloaf Mountain. He stated that the County Attorney has based his opinion on the rules that the Board was following with other zoning cases, and noted that Lake County was the only county following said interpretation. He suggested that the Interim County Attorney's opinion, regarding participation at the Regional Planning Council meetings, be revisited in a workshop.

Mr. Frank Gaylord, Interim County Attorney, briefly discussed his opinion and stated that he would address the issues pertaining to said opinion in a workshop.

Commr. Bailey concurred that the Board should revisit the Interim County Attorney's opinion and questioned how other counties are attending meetings, such as the Regional Planning Council, and voting on issues in their county.

COMMISSIONER HANSON - DISTRICT NO 4

COMMITTEES/PLANNING

Commr. Hanson presented this request.

Mr. Greg Stubbs, Director of Development Regulations Services Division, appeared before the Board and explained that Lake County has a regulation that permits open-air vendors to locate on a commercial zoned location for a period not to exceed thirty (30) days, on an annual basis. He stated that said regulation has been in place since 1992 primarily due to comments and concerns received from citizens in regard to vendors locating on the side of the road and interfering with and degrading the edge of pavement, and the flow of traffic.

Mr. Fred Hunsucker, a local resident, appeared before the Board to discuss the issue of establishing a license for mobile food vendors in order that they be allowed to set up on property with permission of the owner for an unlimited period of time. He explained that he has this type of business and would like to set up to sell cokes, hot dogs, etc. on private property with the permission of the property owner.

Commr. Cadwell expressed his support of Commr. Hanson's suggestion to have the Land Development Regulations Committee review this issue, and suggest possible changes to the regulations. It was the decision of the Board to direct the Land Development Regulations Committee to review the Land Development Regulation pertaining to open-air vendors.

Commr. Swartz expressed his support of the Land Development Regulations Committee reviewing this issue, however, noted that the Committee has numerous priority issues that they are presently reviewing.



COMMISSIONERS

Commr. Hanson presented this request.

On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved to hold a Volunteer Appreciation Reception on March 30, 1994, from 3:00 p.m. to 5:00 p.m., at the Agricultural Center.

MUNICIPALITIES/RESOLUTIONS

Commr. Hanson presented a request for authorization to present a letter of recognition, or a resolution, to the City of Mount Dora for being selected as the third most desirable location to retire.

It was the decision of the Board to authorize the Chairman to determine the appropriate way in which to acknowledge the City of Mount Dora.

AFFORDABLE HOUSING/COMMITTEES

Commr. Hanson informed the Board that Ms. Cora Fulmore will be leaving the Affordable Housing program to take a job in Washington dealing with Affordable Housing programs throughout the country. She requested authorization to draft a resolution expressing the Board's appreciation to Ms. Fulmore for her accomplishments.

RECESS AND REASSEMBLY

At 12:45 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for a public hearing.

TIMES CERTAIN - WORKSHOP

ENVIRONMENTAL MANAGEMENT/COMMITTEES

Commr. Swartz, representing Lake County on the Ocklawaha Chain of Lakes Restoration Committee, presented the Ocklawaha Chain of Lakes Restoration Plan workshop and explained that the Ocklawaha Chain of Lakes Restoration Committee (O.C.L.R.C.) wanted to discuss with County elected officials and city officials the recommendations that have resulted from two years of discussing the Ocklawaha Chain of Lakes Restoration Plan.

LTC. Robert B. Butler, Regional Director, Florida Game and Fresh Water Fish Commission and Chairman of the O.C.L.R.C., appeared before the Board to provide a summary of the restoration plan for the Interagency Management of the Ocklawaha Chain of Lakes. At this time, he introduced Ms. Jeanette Hanst, and Mr. Will Davis, members of O.C.L.R.C., and introduced the technical staff who were present in the audience.

Mr. Butler explained that the Ocklawaha Chain of Lakes was the most important economical and recreational asset in Lake County. The Florida Game and Fresh Water Fish Commission has documented lake problems and a declining largemouth bass fishery in the Ocklawaha Chain of Lakes for several decades. He stated that the dismal result of the 1992 Bass Anglers Sportsman's Society Tournament on the Ocklawaha Chain of Lakes focused media and public attention and concern, and this attention contributed to the appointment of the eleven (11) member Ocklawaha Chain of Lakes Restoration Committee for the purpose of reviewing the current status of the fishery, identifying problems impacting the fishery and recommending solutions.

Mr. Butler stated that the O.C.L.R.C. members agreed to develop a planning document which would address Aquatic Plant Management, Water Quality and Habitat, Fish Management and Education. At this time, Mr. Butler presented a slide presentation, which outlined the objectives and tasks that have been identified for each of the above mentioned major issues. He explained that the overall goal in addressing these issues was to restore, protect and manage the Ocklawaha Chain of Lakes in a manner which results in a freshwater aquatic system that supports and maintains a healthy, well-balanced diversity of species of freshwater aquatic life and wild animal life with densities and distributions that provide sustained ecological, recreational, scientific, educational, aesthetic and economic benefits for the public, present and future generations.

Mr. Butler briefly reviewed the matrix of each major element, which outlines the objectives and tasks to be accomplished by public agencies, provides organization activities and coordination, and identifies the lead and participating agencies, the funding sources, completion dates, and future projects.

Mr. Butler discussed projects that are currently being accomplished in regard to shad removal and revegetation in Lake Apopka; drawdown to restore the sport fish population of the lakes; and a Shoreline Ordinance to protect the vegetation along the shoreline. He emphasized the importance of Lake County's role, and the cities potential role, with the Interagency Management Plan in regard to Shoreline Ordinances, and stormwater management.

Commr. Hanson suggested that the Extension Service may be a valuable participant in the restoration plan.

Commr. Cadwell questioned how effective Lake County would be toward cleaning up the lakes with stormwater management without the cleanup of Lake Apopka, to which Mr. Butler responded that stormwater management would benefit the northern lakes on the chain of lakes considerably and noted programs, such as the SWIM Program, that are being accomplished on Lake Apopka at this time.

At this time, Commr. Swartz introduced representatives from the municipalities that were present in the audience, as follows: Mr. Ed Ivey, City of Clermont; Ms. Charlene Foster, City of Tavares; and Mr. Dennis Huett, City of Mount Dora. Commr. Swartz responded to a question presented by Commr. Bailey in regard to O.C.L.R.C.'s discussion on a Shoreline Ordinance, low lake levels, and the public's response to said issues. He stated that a large number of citizens expressed concern with the drawdown and lake levels. He explained that O.C.L.R.C. was not the organization doing the drawdown or the impetus behind the drawdown, and noted that there are tasks, goals and objectives that are related to a host of issues that the Committee felt needed to be done, and among those issues were lake fluctuations.

Commr. Bailey questioned if backup was available outlining in more detail the issues that were discussed, the rationale behind assignment of responsibilities, and comments made during said discussions.

Mr. James Barker, Director of Environmental Management, discussed the matrixes, which were the intergovernmental coordination element of the restoration plan. He explained that the information on the matrixes came from the agencies involved. The information was reviewed, and it was determined which agency would be the lead agency and which would be the participating agency.

Mr. Barker discussed how the Restoration Plan fits into the Lake County Comprehensive Plan and explained that the tasks outlined go beyond the requirements within the Comprehensive Plan. He explained that the Restoration Plan was a scientific viewpoint that starts with the basics and works it way toward final evaluation of the end product.

Commr. Bailey suggested that it would be helpful to earmark those tasks that are mandated by the Lake County Comprehensive Plan.

Commr. Hanson stated that the University of Florida has indicated that funds may be available through grants on the federal level, if these issues were brought together in a regional basis.

Commr. Swartz suggested that staff be directed to review the tasks that Lake County was being asked to accomplish in terms of the Lake County Comprehensive Plan, and operational requirements, and bring information back to the Board in a workshop for discussion.

Mr. Walt Johnson, St. Johns River Water Management District, appeared before the Board and explained that Lake Apopka, and other lakes under the Ocklawaha River Basin Plan, were initially funded under S.W.I.M.; however, there has been a slow down on all programs, and to date there are no specific allocated funds for the S.W.I.M. program based on the yearly appropriations.

RECESS & REASSEMBLY

At 3:00 p.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 3:10 p.m. for a public hearing on the Bingo Ordinance.

PUBLIC HEARINGS

ORDINANCES

Mr. Tim Hoban, Senior Assistant County Attorney, presented the final public hearing on the Lake County Bingo Ordinance and stated that the memo presented to the Board, dated February 28, 1994, outlines the proposed revisions. He briefly explained that Section 1. Legislative Findings, and Section 4. Legislative Intent, have been changed based on recommendations of the Metropolitan Bureau of Investigation for the purpose of making the Bingo Ordinance more defensible in a court of law. He discussed the addition of Section 2. Applicability, which restates Florida constitutional law, that allows a city to "opt out" of ordinances passed by non-charter counties.

Mr. Hoban explained that the Bingo Ordinance provides that a structure shall only be used for the conduct of bingo games no more than two (2) times per week, the Lake County Sheriff's Office has the responsibility of enforcement of said ordinance, and violation of said ordinance will result in a fine of not more than five hundred ($500.00) dollars, and imprisonment in the County Jail for a period not to exceed sixty (60) days. He stated that the effective date of the Bingo Ordinance would be March 22, 1994.

At this time, Commr. Hanson called for public comment.

Mr. Ray Rouse, Commander of VFW Post 35, Mount Dora, appeared before the Board and expressed his appreciation to the Board for their help in regard to bingo regulations within the municipalities and Lake County. He expressed his concern with the actions to be taken by the City of Mount Dora in regard to bingo regulations and stated that charitable bingo will no longer exist in Lake County.

Commr. Swartz acknowledged, for the record, that the Board received information prior to the meeting this date from Ms. Barbara Lightner, Joining Hands, in regard to charitable bingo in the State of Florida as addressed in Florida Statutes.

Mr. Tom Ryan, representing St. Mary's Bingo in Eustis, appeared before the Board and expressed his hope that the Mayor of the City of Mount Dora would join on the "band wagon" with the County, and the charitable organizations.

There being no further public comment, the Chairman closed the public hearing portion of the meeting.

Commr. Cadwell expressed appreciation to Mr. Hoban for his effort in drafting the Bingo Ordinance.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved Ordinance 1994-4, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, TO BE ENTITLED AN ACT SUPPLEMENTING THE LAKE COUNTY CODE BY CREATING A CHAPTER REGULATING BINGO; PROVIDING FOR LEGISLATIVE FINDINGS; DEFINITIONS; LEGISLATIVE INTENT; APPLICABILITY; LIMITATION ON BINGO; ENFORCEMENT; VIOLATIONS AND PENALTY; INJUNCTIVE RELIEF; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.



SUITS AFFECTING THE COUNTY/STATE AGENCIES

Mr. Frank Gaylord, Interim County Attorney, distributed a copy of an "Order Relinquishing Jurisdiction" in regard to the Lake County Comprehensive Plan for the Board's review. He provided a brief history of events, and informed the Board that there has been a motion to consolidate a 1991 and a 1993 challenge to the Lake County Comprehensive Plan. He stated that the Hearing Office ruled, in February 1994, that the 1991 challenge and the 1993 challenge of the Comprehensive Plan would not be consolidated. Hearing Officer Alexander has ruled to dismiss the 1993 challenge because no notice for intervention had been submitted after the punitive notice was published. It was noted that the 1991 challenge still exists.



There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:25 p.m.

CATHERINE C. HANSON, CHAIRMAN







ATTEST:







JAMES C. WATKINS, CLERK



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