A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 20, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, September 20, 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; Rhonda H. Gerber; Don Bailey; and G. Richard Swartz, Jr. Others present were: Frank T. Gaylord, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance and Audit Department; and Sandra Carter, Deputy Clerk.

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

AGENDA UPDATE

The Chairman questioned whether there were any changes to the Agenda.

Mr. Pete Wahl, County Manager, stated that his office had received notification from Cecelia Bonifay's Office (Attorney representing the petitioner) that the Rezoning case that the Board had scheduled for 6:30 p.m., September 27, 1994, was being withdrawn. He stated that, due to the fact that the Board had scheduled said meeting to be held at the Lake County Agricultural Center, notification needed to be provided to the residents of the area that said case had been withdrawn.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request to withdraw Rezoning Petition No. 25-94-3, Church of God, Incorporated, and directed that notification be given to effected property owners.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of August 2, 1994 (Regular Meeting), as presented.

Regarding the Minutes of August 23, 1994, clarification was made regarding language contained on Page 14, Line 6, with respect to the issue of the Solid Waste Study Committee being extended for one additional year. It was requested that the language until February 28, 1994 be deleted from said sentence.

PERSONAL APPEARANCES

CLERK'S CONSENT AGENDA

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

Bonds - Contractor

Request for approval of Contractor Bonds, New, as follows:

New



4582-96 David Tolley d/b/a Quality Electric Service

4736-95 Darrell Chandler (Electrical)

5319-95 Edward A. June, Jr. (Electrical)

5320-95 Charles H. Wilkerson d/b/a Wilkerson Plumbing

5321-95 Robert F. Rogers d/b/a Rogers Sign Depot, Inc.



Accounts Allowed/Assessments



Request for approval of Satisfaction of Assessment Liens (83) as follows:



Mt. Plymouth Subdivision



Edward W. Campbell $ 2,720.25

Frederick Schultz 1,748.50

Monna Louise White 631.26

Monna Louise White 631.26

Monna Louise White 631.26

Monna Louise White 631.26

Revest II, Inc. 3,357.23

Hampton Enterprises, Inc. 2,664.23

Hampton Enterprises, Inc. 3,744.31



Astor Forest Campsites



Harold A. and Marth Ann Fletcher 1,443.62

Harold A. and Marth Ann Fletcher 1,460.84

Jack R. and Carol Ann Minnich 1,911.36

Jack R. and Carol Ann Minnich 1,928.28

Crescent View Development



Dan C. and Carol J. Koenig 2,098.79



Clark Road



William R. and Renee J. Rednour 1,217.90



Minnehaha Beach Subdivision



David A. and Susan L. Griner 1,846.28

Roger E. and Yohiko Yost 1,841.36





Howey Subdivision



David M. and Patricia J. Malley 2,845.07



South Pine Lakes



Cecil D. Tolley and Wanda Lou Tolley 269.31

Marguerite Patellaro 1,052.00

Jean Walker 946.80

Charles E. and Ada A. Gauggel 736.40

Cecil D. Tolley and Wanda Lou Tolley 920.11

Robert E. Freeman and Beverly J. Freeman 664.50

Dolores M. Dusch and Myron P. Dusch, Sr. 664.50

Cynthia G. Roberts and F. O. Roberts, Jr. 658.30

Carla A. Green and Virginia R. Gilmore 664.50

Stanley C. Silva and Shirley M. Silva 620.20

Lloyd Jack Robbins 620.20

Alfred E. Shapiro and Diane C. Shapiro 623.67

Gloria Di Girolamo 2,765.21

Anthony Guaglione 2,765.21

Matthew Piekarski and Margaret Piekarski 664.50

Harvey P. and Jane E. Kellom 443.00



Sun Eden



Stephen Lynn Knipp and Allan Knipp 202.94

Kim Thomas Purcell and Gail S. Purcell 232.00

Clement S. Ross and Helen C. Ross 491.55

Betty Crenshaw 188.50

Gilbert Richards and Beverly J. Richards 232.00

Ralph R. Boartfield and Mary K. Boartfield 223.16

Clement S. and Helen C. Ross 223.74

Verdia I. Coffey 363.98

Gladys L. Wharton 145.00

Alfred Evenitsky and Shirley Evenitsky 3,836.60

James L. Harrell and Elizabeth A. Harrell 1,688.63

Patricia J. Schulte 1,731.41

Neil D. and Beverly A. Witter 1,214.00

Ralph and Louise E. Reddy 1,214.00

Joe Swiderski Et Al 1,215.20

Lake Eustis Village



Lake Eustis Village Property Owners Assn., Inc. 465.39

Richard C. Urbanowski and Elrena L. Urbanowski 552.80

Kathleen L. Brown 621.90

Maggie Watson 483.70

Roy T. and Starr L. Weddle 836.29

James E. and Zadie P. Willis 832.20

Francis N. Beidleman and Minnie L. Beidleman 725.55

Phillip A. Larrabee and Marilyn J. Larrabee 1,137.66

Johnny A. Canupp and Carolyn B. Canupp 518.25

Hope B. Teaster 518.25

Jack T. and Annabelle K. Reid 483.70

James K. Toomath and Marjorie B. Toomath 621.90

Grace A. Shirley, Trustee 621.90

Wayne A. Jenkins and Pamela A. Jenkins 345.50

Dallis W. Harris and Louise M. Harris 573.53

Edward L. Spurbeck and Pauline K. Spurbeck 497.52

Roger and Sharon Bickford 1,088.26

George W. and Beulah Miller 726.93

George W. and Beulah Miller 483.70

Everett F. Routier and Merna G. Routier 483.70

James E. and Zadie P. Willis 492.32

James and Cheryl A. Ledford 643.60



Alfred E. McPherson 740.34

Joseph Levi Jenkins and Penny K. Jenkins 518.25

Percy F. Jenkins and Delores C. Jenkins 1,002.94

Charles F. Blymer and Dorothy M. Blymer 606.01

Charles F. Blymer and Dorothy M. Blymer 518.25

Gary J. and Linda L. Dupuis 518.25

Verta B. Penland and Carla J. Spina 520.29

William E. Tilley and Virginia M. Tilley 518.25



Glenn's Cove



Arnold Deaton and Christine Deaton 3,560.91

Howard J. Correll and EmmaJeane Correll 2,242.50

Lake View Heights



Paul F. and Robert E. Hanes 1,343.21

Paul F. and Robert E. Hanes 1,343.21



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.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-28, from the City of Eustis, approved by the Eustis City Commission, in regular session, on August 4, 1994, providing that the City of Eustis may enter into interlocal agreements with Lake County regarding the franchising of Recovered Materials Dealers operating within the City of Eustis.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-06, from the Town of Lady Lake, adopted by the Lady Lake Town Commission on August 1, 1994, annexing certain contiguous property, upon voluntary application by the property owners, Jerold and Charlotte Francis, designating a zoning classification of RH (Residential Holding District) for said property.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-07, from the Town of Lady Lake, adopted by the Lady Lake Town Commission on August 1, 1994, annexing certain contiguous property, upon voluntary application by the property owners, Jerold and Charlotte Francis, designating a zoning classification of R-1-A (Low Density Residential District) for said property.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-08, from the Town of Lady Lake, adopted by the Lady Lake Town Commission on August 15, 1994, pertaining to Land Development Regulations.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-006, from the City of Fruitland Park, adopted by the Fruitland Park City Commission on August 25, 1994, annexing property generally located at the intersection of CR 468 and Urick Street (known as The New Covenant Worship Center property) into the corporate limits of the City of Fruitland Park.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 94-17, from the City of Eustis, adopted by the Eustis City Commission on July 7, 1994, voluntarily annexing .413 acres, located at 16100 Dora Avenue (The Merritt Animal Clinic Building), into the corporate limits of the City of Eustis.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 94-21, from the City of Eustis, adopted by the Eustis City Commission, on July 21, 1994, voluntarily annexing 8.4 acres, located at 480 CR 44 (The Eustis Church of the Nazarene), into the corporate limits of the City of Eustis.



Municipalities/Ordinances



Ordinance No. 94-22, from the City of Eustis, adopted by the Eustis City Commission, on August 4, 1994, voluntarily annexing 1.0 acre of vacant land, on the north side of SR 44, east of and adjacent to Cricket Lakes Subdivision, into the corporate limits of the City of Eustis.



Budgets/Water Authority



Request to acknowledge receipt of the Southwest Florida Water Management District's Tentative Budget for 1995.



Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending August 31, 1994, in the amount of $138,588.09. Same period last year: $118,993.72.



COUNTY MANAGER'S CONSENT AGENDA



Mr. Pete Wahl, County Manager, informed the Board that Tab 2, a request for approval of an Agreement between Lake County and the Economic Development Commission of Mid-Florida, for FY 1994-95, would be subject to adoption of the final budget; that Ms. Lois Martin, Director, Human Resources, had distributed modifications to Tabs 27 and 29, which pertain to commercial insurance coverage and worker's compensation insurance; and that he had spoken to Mr. Jim Stivender, Jr., Director, Public Services, concerning Tab 49, a request for approval to advertise Road Vacation Petition No. 758, and pursuant to the applicant's request, they are changing their recommendation to approval to advertise, however, staff's recommendation for denial will remain the same.

Commr. Gerber requested that Tab 38, a request for final plat approval of The Vistas, Second Addition (Phase 3), be pulled from the Consent Agenda and discussed separately.

Commr. Hanson noted, for informational purposes, with regard to Tab 56, a request by the Tourist Development Council for approval of grant applications for FY 1994-95, that the Council is looking at changing the way grants will be given out in the future.

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

Accounts Allowed/Contracts, Leases & Agreements

Economic Development Council



Request from the County Manager for approval of Agreement between Lake County and the Economic Development Commission of Mid-Florida, for FY 1994-95, and to encumber and expend funds, in the amount of $124,000, subject to adoption of the final budget.



Accounts Allowed/Budgets/Budget Transfers/Libraries

Office of Budget/Resolutions/Sheriff's Department



Request from the Office of Budget for approval of the following Budget Transfer and Resolution:



Budget Transfer:



Request from the Sheriff for approval of an expenditure from the Law Enforcement Trust Fund, in the amount of $4,685.50, for payment of the purchase of operating supplies, in accordance with the provisions of the Florida Statutes, Section 932.704.



Resolution:



Request for approval of a Resolution requesting that the Library System Fund, for FY 1993-94, be amended, in the amount of $281,422, in order to receive unanticipated revenue from a capital lease agreement.



Contracts, Leases & Agreements/Indigents/Community Services



Request from Community Services for approval and execution of Amendment to Agreement between Lake County and Lake County Funeral Directors Association, Inc. for the Burial of Indigent Persons and Livery Service from Site of Death to the Morgue.



Grants/Community Services



Request from Community Services for approval for the Chairman to execute the Certificate of Acceptance of Subgrant Award for the DARE IV and Genesis IV subgrant awards.



Accounts Allowed/Public Health/Community Services



Request from Community Services for authorization to pay the monthly Medicaid hospital bill, in the amount of $54,733.07, and the Medicaid nursing home bill, in the amount of $32,252.58, for the month of July.



Accounts Allowed/Public Health/Community Services



Request from Community Services for authorization to pay Shands Hospital four separate payments, totaling $28,660.30, for an inpatient hospital stay for a Lake County resident under the Health Care Responsibility Act.



Accounts Allowed/Public Health/Community Services



Request from Community Services for authorization to pay Shands Hospital $11,315.50, for an inpatient hospital stay for a Lake County resident under the Health Care Responsibility Act.



Reports/Public Health/Community Services



Request from Community Services to acknowledge receipt of the County Public Health Unit's (CPHU) Activities and Expenditure Report, for the period ending June 30, 1994.



Accounts Allowed/Contracts, Leases & Agreements

County Buildings and Grounds/Community Services



Request from Community Services for approval of Agreement between Lake County and Superior Janitorial Services for Housekeeping Services at the Lake County Morgue, at an annual cost of $13,800, and to encumber and expend said funds.



Grants/Libraries/Community Services



Request from Community Services for approval and signature of State Aid to Libraries Grant Application - 1995; approval and signature of Certificate of Credentials - Single Library Administrative Head; and approval of position description for Single Administrative Head.



Facilities and Capital Improvements/Fire and Emergency Services/County Buildings and Grounds



Request from Facilities and Capital Improvements for approval for direct payment of telephone bills for fire alarms for four county buildings.



Facilities and Capital Improvements/Utilities/County Buildings and Grounds



Request from Facilities and Capital Improvements for approval for direct payment of utility bills for the operation of four county buildings.



Facilities and Capital Improvements/Fairgrounds



Request from Facilities and Capital Improvements for approval to establish a procedure for payment of United Telephone of Florida bills for the Expo Center/Fairgrounds.



Facilities and Capital Improvements/Fairgrounds



Request from Facilities and Capital Improvements for approval to establish a procedure for payment of Florida Power Corporation bills for the Expo Center/Fairgrounds.





Facilities and Capital Improvements/Fairgrounds



Request from Facilities and Capital Improvements for approval to establish a procedure for payment of Town & Country Refuse bills for the Expo Center/Fairgrounds.



Facilities and Capital Improvements/Waste-to-Energy Facility



Request from Facilities and Capital Improvements for approval for direct payment of United Telephone bills for the Energy Management Operation.



Facilities and Capital Improvements/Municipalities/Utilities



Request from Facilities and Capital Improvements for approval to establish a procedure for payment of the City of Eustis utility bill.



Facilities and Capital Improvements/Accounts Allowed

County Buildings & Grounds



Request from Facilities and Capital Improvements for approval of Change Order No. 2, with Superior Janitorial Services, to extend the contract for FY 1994-95, to increase the rate, in accordance with the Consumer Price Index, and to encumber and expend funds, in the amount of $262,048.00.



Fire and Emergency Services/Resolutions/Public Health



Request from Fire and Emergency Services for approval and execution of a Resolution and Application to the State of Florida, Department of Health & Rehabilitative Services, for an Emergency Medical Services County Grant.



Fire and Emergency Services/Miscellaneous



Request from Fire and Emergency Services for approval to establish an account for payment of known recurring Emergency Management telephone bills.



Fire and Emergency Services/Utilities



Request from Fire and Emergency Services for approval to establish an account for payment of known recurring Fire/Rescue utility bills.



Fire and Emergency Services/Miscellaneous



Request from Fire and Emergency Services for approval to establish an account for payment of known recurring Fire/Rescue telephone bills.



Human Resources/County Employees



Request from Human Resources for approval to officially establish one floating holiday on the day before or the day after Christmas, or the day before or the day after New Year's Day, to be effective for the 1994 Holiday Schedule.



Human Resources/Appointments-Resignations/Committees



Request from Human Resources for approval of the appointment of David Crowe as an additional Classification and Compensation Selection Committee member, to review proposals and make

recommendations on the selection of the consultant for the Classification and Compensation Study.



Accounts Allowed/Human Resources/County Employees

Contracts, Leases & Agreements/Insurance



Request from Human Resources for approval of the annual renewal of the County's Protected Self-Insurance Program, with Arthur J. Gallagher & Company; approval of the contract for claims management, with Gallagher Bassett Services, Inc., effective October 1, 1994; and approval to encumber and expend funds, in the amount of $866,793.00, subject to review and approval by the County Attorney.



Human Resources/Insurance



Request from Human Resources for approval to renew the County's annual commercial insurance policies for FY 1994-95, subject to review and approval by the County Attorney.



Human Resources/Insurance/County Employees



Request from Human Resources 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 review and approval by the County Attorney.



Accounts Allowed/Human Resources/Insurance

Fire and Emergency Services



Request from Human Resources for approval to renew insurance policies for Lake County Consolidated Fire Services, effective October 1, 1994, and to encumber and expend funds, in the amount of $145,067.00, subject to review and approval by the County Attorney.



Human Resources/Insurance/County Employees



Request from Human Resources for authorization for the Chairman to sign the Florida Municipal Self Insurers Fund Application of Managed-Care Program Premium Credit, subject to review and approval by the County Attorney.



Accounts Allowed/Insurance/Jails/County Employees



Request from Human Resources for approval to pay group medical claims, on behalf of a dependent of a Corrections Officer, not to exceed $48,000.00.



Information Services/Miscellaneous



Request from Information Services for approval to establish an account for payment of known recurring Telecommunications telephone bills.



Information Services/E-911/Contracts, Leases & Agreements



Request from Information Services for approval to establish an account for payment of known recurring E9-1-1 telephone bills, annually, per contractual obligation.





Information Services/E-911



Request from Information Services for approval of monthly payments to GTECC Leasing for the E9-1-1 network hardware purchased in February, 1992.



Information Services/E-911/Contracts, Leases & Agreements

Request from Information Services for approval of the Maintenance Agreements and to establish payment for the annual maintenance contracts for the specific E9-1-1 equipment serviced by GTECC and Sequent.



Water Authority/Contracts, Leases & Agreements

Planning and Development



Request from Planning and Development for approval and authorization for the Chairman to execute Interlocal Agreement between Lake County and the Lake County Water Authority, regarding the joint effort GIS Program, subject to review and approval by the County Attorney.



Planning and Development/Contracts, Leases & Agreements/Zoning



Request from Planning and Development for acceptance and execution of Agreement between the Board of County Commissioners and Steve Collins for Temporary Non-Conforming Zoning Use, to place a travel trailer on property located on Apshawa Road, in Clermont, while constructing a conventional home - Commissioner District 2.



Accounts Allowed/Bonds/Planning and Development/Subdivisions



Request from Planning and Development for final plat approval for the Savannas f/k/a Sawgrass Bay, Village 8, and acceptance of a Subdivision Surety Bond, for performance, in the amount of $51,255.00, 79 lots - Commissioner District 2, subject to review and approval by the County Attorney.



Planning and Development/Subdivisions



Request from Planning and Development for final plat approval for Eagleridge PUD, 261 lots - Commissioner District 2, subject to review and approval by the County Attorney.



Accounts Allowed/Resolutions/Planning and Development

Committees



Request from Planning and Development for approval of Resolution extending the term of office of the Lake County Land Development Regulations Advisory Committee until December 31, 1994.



Planning and Development/Rights-of-Way, Roads & Easements



Request from Planning and Development for acceptance of a Conservation Easement from C & C Peat Co., Inc.



Public Services/Contracts, Leases & Agreements/State Agencies

Environmental Management/Mosquito-Aquatic Plant Management



Request from Public Services for approval and execution of contract between the Florida Department of Environmental Protection and Lake County, for cooperative aquatic plant control program.





Accounts Allowed/Road Projects/Public Services



Request from Public Services for approval and execution of Change Order No. 1 to Project No. 12-94: Adel Street, Carroll Avenue (4-4387), Fidra Avenue (4-4388C), Arlington Avenue

(4-4388D), and Niles Street (4-4388C), Paving, to extend Fidra Avenue (4-4388C), in the amount of $4,814.75 - Commissioner District 4.



Committees/Resolutions/Public Services



Request from Public Services for approval of Resolution extending the term of the Rails to Trails Task Force for a period of one year.



Contracts, Leases & Agreements/Municipalities/Solid Waste

Public Services



Request from Public Services for approval and execution of Notice of Exercise of Option to Renew Interlocal between Lake County and the City of Leesburg Relating to Ash Monofill Leachate Disposal, subject to review and approval by the County Attorney.



Contracts, Leases & Agreements/Municipalities/Solid Waste

Public Services



Request from Public Services for approval for the Chairman to sign Letters of Agreement between Lake County and the City of Groveland related to the Non-Exclusive Franchise for the provision of Commercial Recovered Material Collection, subject to review and approval by the County Attorney.



Public Services/Road Vacations/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 731, by Jim Stivender, Jr., Lake County Public Services, to vacate portion of CR 448, Lake Jem Villa, Lake Jem Villa Properties, Section 13, Township 20, Range 26, Lake Jem area - Commissioner District 3.



Public Services/Road Vacations/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 758, by Rogers Investment Company, to vacate right-of-way, Sunshine Drive, Sunshine Hills, Section 32, Township 22, Range 26 and Hilltop Drive, Lake Ridge Club, Section 6, Township 23, Range 26, Clermont area - Commissioner District 2.



Public Services/Road Vacations/Subdivisions



Request from Public Services for approval to advertise Road Vacation Petition No. 767, by James and Marie Mackey, to vacate easements, Groveland Farms Plat, Section 20, Township 23, Range 25, Groveland area - Commissioner District 2.



Public Services/Road Vacations/Roads-County & State



Request from Public Services for approval to advertise Road Vacation Petition No. 768, by Jim Stivender, Jr., Lake County Public Services, to vacate road, American Legion Road (2-1711) (Realignment of Road), Section 14, Township 22, Range 24, Mascotte area - Commissioner District 2.





Deeds/Public Services/Roads-County & State



Request from Public Services for acceptance of the following deeds:



Quit Claim Deeds



Rolf Bergmann

Property on CR 42



Seneca Properties, Inc.

Property on CR 42



Statutory Warranty Deeds



William L. and Carolyn B. Harper

Thrill Hill Road (4-5880)



Thelma R. Hunnicutt and Ruby C. Waller

Wesley Road (4-5176)



Richard A. and Margaret M. Westerman

Hoboh Lane (2-0426)



Barbara G. Harmon

Lakeshore Drive (2-1040)

Hull Road (2-0942)



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 1439

Applicant: Reva Sawyer, Trustee

Location: Northeast of Lady Lake, Section 1, Township 18 South, Range 24 East

Recommend: Reserve 40 feet each side of centerline (80 feet total) of Marion County Road (5-8010)



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 1700

Applicant: Terry W. Edwards, Jr. and Martha G. Edwards, his wife

Location: Sunnicrest Subdivision, East of Leesburg

Recommend: Reserve 33 feet each side of centerline of Sunnyside Drive (1-4122)



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 2114

Applicant: William J. Beckett

Location: Section 15-19-27, East of Eustis

Recommend: Release all reservations





Accounts Allowed/Grants/Office of Tourism



Request from the Office of Tourism for approval of grant applications for FY 1994-95, recommended by the Tourist Development Council, and to encumber and expend funds not to exceed $52,285.00.



CITIZEN QUESTION AND COMMENT PERIOD

Mr. Robert Godwin, a resident of Paisley, appeared before the Board and addressed a concern he had about a local builder and the fact that there were several code violations found in the construction of his home, however, nothing had been done, to date, regarding the matter. He stated that he had since discovered that there were a lot of other people who had the same problems with the construction of their homes, by the same builder, and questioned what the Board intended to do about it.

A brief discussion occurred, regarding the matter, at which time Mr. Frank Gaylord, County Attorney, stated that he had discussions with Mr. Godwin and that the code violations had been addressed by the Board of Building Examiners and was determined to be a civil matter between the builder and Mr. Godwin, therefore, the Board of Building Examiners had requested that the matter be dismissed.

Commr. Hanson questioned Mr. Gaylord as to whether the County's staff had done everything they were supposed to do, and was informed that they had. In fact, had gone to great lengths to accommodate Mr. Godwin. He further stated that an engineer had certified what needed to be done and that the contractor had paid Mr. Godwin $4,000.00, which is the amount that was estimated would correct the problem.

Mr. Godwin stated that the fact of whether he and the contractor settled, or not, was immaterial to the Board and the fact that it is a civil matter does not override code violations that the County's Building Inspector did not see. He noted that he had been working with the County, regarding the matter, for the past 14 months, and only after turning it over to the Department of Revenue and the State Attorney's Office did Code Enforcement seek action against the contractor.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to put the matter on a future agenda, for discussion.

ACCOUNTS ALLOWED/BONDS/PLANNING AND DEVELOPMENT/SUBDIVISIONS

Mr. Pete Wahl, County Manager, explained this request, stating that the issue of a fee for concurrency was not an issue that needs to be addressed.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Planning and Development for final plat approval for The Vistas, Second Addition (Phase 3), and acceptance of a Maintenance Bond, in the amount of $27,085.00, 52 lots - Commissioner District 2, subject to review and approval by the County Attorney.

CONTRACTS, LEASES & AGREEMENTS/COMMUNITY SERVICES

PUBLIC HEALTH/STATE AGENCIES

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

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Community Services for approval and signature on the 1994-95 contract between Lake County and the State of Florida, Department of Health and Rehabilitative Services - County Public Health Unit, subject to review and approval by the County Attorney and final budget approval.

CONTRACTS, LEASES & AGREEMENTS/EDUCATION/COMMUNITY SERVICES

Mr. Fletcher Smith, Director, Community Services, appeared before the Board and explained this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Community Services for approval and signature on Interlocal Agreement between Lake County and The School Board of Lake County Relating to the Expansion of Learning Opportunities for Pre-K-12 Students in Lake County.

COMMUNITY SERVICES/LIBRARIES

Commr. Gerber informed the Board that the plan in question was a start for the Lake County Library System and one that the Lake County Library Board is very excited about and hoped the Board would approve.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Community Services for approval of planning document "Library for the Future: A Long Range Plan of Services for the Lake County Library System, 1994-1999" and execution of the Plan's approval page.

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

COUNTY BUILDINGS & GROUNDS

Mr. Pete Wahl, County Manager, informed the Board that the estimated cost of modifying the Board Meeting Room had been changed from $28,800.00 to $18,480.00, explaining the reason for same.

Mr. Mike Anderson, Director, Facilities and Capital Improvements, appeared before the Board and answered a question regarding the audio-visual system that will be installed in the new Board Meeting Room.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Facilities and Capital Improvements for approval of the proposed modifications to the Administrative Building Renovation to the 5th Floor existing Board Meeting Room, at an estimated cost of $18,480.00 (reduced from a figure of $28,800.00).

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

COUNTY BUILDINGS & GROUNDS

Mr. Mike Anderson, Director, Facilities and Capital Improvements, appeared before the Board and explained this request.



On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Facilities and Capital Improvements for approval of the proposed modifications to the 3rd Floor Budget to Finance floor plans.

COUNTY EMPLOYEES/HUMAN RESOURCES/COMMITTEES/COUNTY POLICY

Ms. Lois Martin, Director, Human Resources, appeared before the Board and explained this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Human Resources for approval of Personnel Rules and Regulations, Section XIV - Leaves of Absence, 14-05 Family and Medical Leave, as recommended by the Personnel Committee.

COUNTY EMPLOYEES/HUMAN RESOURCES/COUNTY POLICY

Ms. Lois Martin, Director, Human Resources, appeared before the Board and explained this request.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Human Resources for approval of revised Personnel Rules and Regulations Policy, Section 11-06 - Sick Leave Conversion Program, as presented, effective upon approval.

It was noted that the title of the program had been changed from "Sick Leave Bonus" to "Sick Leave Conversion".

COUNTY EMPLOYEES/HUMAN RESOURCES/COUNTY POLICY

Ms. Lois Martin, Director, Human Resources, appeared before the Board and explained this request.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, the Board approved a request from Human Resources for approval of Policy 19-08 - Advance Annual Leave (Vacation) Pay and Policy 19-09 - Advance Release of Regular Pay Check and for the Clerk to implement it, effective October 2, 1994.

COUNTY EMPLOYEES/HUMAN RESOURCES

Ms. Lois Martin, Director, Human Resources, appeared before the Board and explained this request, stating that the County presently has an Employee of the Month Program, however, in revitalizing the program, the Personnel Committee felt that the County should have an Employee of the Quarter Program and make the award a $500 Savings Bond, a parking space for three months, and a plaque. She noted that the Employee of the Month presently receives a $100 Savings Bond, a parking space for a month, and a plaque.

Ms. Martin stated that the Personnel Committee is the Selection Committee for the nominations and will review them on a quarterly basis, however, they have increased the number of Selection Committee members to include the last two Employees of the Year, making it a seven member Selection Committee for the Employee of the Quarter.

Commr. Gerber interjected that the Personnel Committee felt criteria regarding disciplinary actions issued within the last six months should be changed to one year.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Human Resources for approval of Lake County Employee of the Quarter and Employee of the Year Program and awards, as identified.

OTHER BUSINESS

MEETINGS/COMMISSIONERS

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request to set the meeting dates for the December Board of County Commissioners Meetings for December 6, 13, and 20, 1994.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board appointed Ms. Mary (Terry) Moherek to fill the Representative of the Cooper Library vacant position on the Lake County Library Board. The appointment is for a term of three years, to commence October 1, 1994.



APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, the Board appointed Dr. Robert H. Miller to fill the At-Large Representative who Must Reside in the Unincorporated Area of District 1, 2, or 4 vacant position on the Lake County Library Board. The appointment is for a term of three years, to commence October 1, 1994.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. Carlton E. Kilpatrick, Jr. to fill the Representative of Commission District 1 position on the Lake County Library Board. The appointment is for a term of three years, to commence October 1, 1994.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/CODE COMPLIANCE

Commr. Gerber suggested moving Mr. Richard Boliek from the Representative-At-Large position to the Representative Who is a Sub-Contractor position and appoint Mr. Gordon Warner to the position of Representative-At-Large, due to the fact that Ms. Debra Williams, who is the present Representative Who is a Sub-Contractor, is involved in a pending Code Enforcement case, therefore, she feels that it is inappropriate for Ms. Williams to be serving on said Board.

Commrs. Hanson, Cadwell, and Bailey stated that they did not have a problem with Ms. Williams serving on the Code Enforcement Board, while being involved in a Code Enforcement case, because the County is going to have those types of things happen, when one is serving on the various Boards.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board reappointed Mr. Richard Boliek to the Representative-At-Large position on the Code Enforcement Board.

Commrs. Swartz and Gerber voted "No".

Commr. Swartz noted that there would be three appointments to this Board this date and suggested voting on all three appointments at one time, rather than individually, noting the reason for same.

Commr. Bailey withdrew his original motion and Commr. Cadwell withdrew his second.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board reappointed the following individuals to the Code Enforcement Board, for a term of three years, to commence November 1, 1994 and expire October 31, 1997:

Representative At-Large



R. Richard Boliek



Representative who is an Engineer



Bruce H. Phillips



Representative who is a Sub-Contractor



Debra Williams

Commr. Gerber voted "No".

APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board appointed Ms. Ruby J. Wilburn to the Lake County Citizens' Commission for Children, as the District 2 Representative, replacing Ms. Teresa Schwingel, who declined her appointment. The term will end May 17, 1996.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board appointed Mr. Mike Ross to the Lake County Citizens' Commission for Children, as the District 5 Representative, replacing Ms. Sue Pait, who resigned. The term will end May 17, 1996.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC SERVICES

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board appointed Deputy Bob Tracy to the Law Enforcement Representative position on the Rails-to-Trails Task Force.

ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIME CERTAINS

TAX COLLECTOR/COMMITTEES

Mr. Frank T. Gaylord, County Attorney, informed the Board, for informational purposes, that Mr. T. Keith Hall, Tax Collector (who was not present at this meeting), had been talking with people who would be willing to serve on the Occupational License Study Committee and should have a recommendation to present to the Board on September 27, 1994, therefore, action regarding a request for the establishment of the Occupational License Study Committee was postponed until the Board Meeting of September 27, 1994.

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

BUDGETS/BUDGET TRANSFERS/OFFICE OF BUDGET/COURTS-JUDGES

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the Office of Budget for approval of the following:

Budget Transfer

Fund: General

Department: Judicial Support

Division: Court Cost

From: Contingency $73,000

To: Operating Expenses 73,000

Transfer No.: 94-0358



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PLANNING AND DEVELOPMENT/STATE AGENCIES

Mr. Pete Wahl, County Manager, stated that the Board had received a letter from Secretary Linda Shelley, relative to the adoption of the County's revised Land Development Regulations (LDRs) and that Mr. Paul Bergmann, Senior Director, Planning and Development, had prepared a response to same. He requested Mr. Bergmann to address said response with the Board.

Mr. Bergmann appeared before the Board stating that he had drafted a letter to the Department of Community Affairs, which was in the process of being reviewed, identifying the fact that Lake County established a Land Development Regulations Advisory

Committee. He noted that the Board would be given a report from said committee in a workshop later this date, relative to concurrency, timeliness, and commercial siting. He stated that he had also mentioned in the letter that the County is moving forward on minor LDR amendments that is going to the LDR Advisory Committee later this week.

Mr. Bergmann stated that there has been a significant application, during the last year or so, relative to making the document user friendly and that staff has an opportunity, with the committee's work, to broaden the concept a little and make it more user friendly, rather than continue with the problems and confusion that the present format has created. He stated that staff is moving forward in good faith, however, they cannot commit to a significant deadline date at this time.

Upon being questioned about the matter, Mr. Mark Knight, Chief Planner, Planning and Development, informed the Board that the County had submitted Chapter I - Vested Rights to DCA, noting that it is the only section the County has adopted, since the 1993 Comprehensive Plan's Chapter I on Vested Rights. He stated that nothing else has been adopted, to date. He stated that the original LDRs were submitted to DCA, however, they were found to be in non-compliance.

Discussion occurred regarding a letter from DCA, dated August 29, 1994, relative to the adoption of Land Development Regulations consistent with the Comprehensive Plan, however, no action was taken at this time.

HUMAN RESOURCES/COUNTY EMPLOYEES/COUNTY POLICY

Mr. Pete Wahl, County Manager, explained this request and stated that it is something that needs to be adopted every year.

Ms. Lois Martin, Director, Human Resources, appeared before the Board and answered questions regarding the request.



On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Human Resources for approval of the FY 1994-95 Personnel Change Requests, as presented, to become effective October 1, 1994, subject to final budget adoption.

Commr. Swartz voted "No".

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/RESOLUTIONS/OFFICE OF TOURISM

COUNTY PROPERTY

Mr. Frank T. Gaylord, County Attorney, informed the Board that the reason the Line of Credit Agreement between Lake County and the First Union National Bank of Florida was again before them was due to the fact that the original drafts did not contain an exception. He stated that approximately six weeks ago the Board passed a provision that stated anything sold out of Lake County Central Park would first be applied to the monies owed to the Tourist Development Council and that there was a front footage allocation to be paid to the Transportation Fund. He stated that those were the modifications that had been made in the revision of the documents before the Board and that they were reflected as a secondary guaranteed entitlement, behind those two allocated sources.

Mr. Wahl and Mr. Gaylord then answered questions from the Board regarding this request.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the County Attorney for approval of an $8 million Line of Credit Agreement between Lake County and First Union National Bank of Florida and approval of a Resolution providing for the transfer and repayment of funds from the Lake County Central Park Project to the County Transportation Trust Fund and the Tourist Development Resort Tax Fund.

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY/COURTS-JUDGES

Mr. Frank T. Gaylord, County Attorney, informed the Board, for informational purposes, that Judge Richard Singeltary had ruled on the Buddy Joe Richards case and limited the recovery to somewhere between $186.00 and $41,500.00. He noted that there will be another hearing, to determine the reasonableness of the expert witness fees and whether or not certain transcripts will be considered court costs that are recoverable. He stated that he had provided the Board with a memorandum regarding same.

No action was needed or taken.

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY/PLANNING AND DEVELOPMENT

STATE AGENCIES

Mr. Frank T. Gaylord, County Attorney, informed the Board, for informational purposes, that the lawsuit against the Department of Community Affairs, regarding issues pertaining to the Green Swamp, is going to be retained in Lake County. He stated that he had provided the Board with a copy of said Order, for their perusal.

No action was needed or taken.

REPORTS

COUNTY ATTORNEY

ORDINANCES/PLANNING AND DEVELOPMENT

Mr. Frank T. Gaylord, County Attorney, informed the Board, for informational purposes, that the Department of Community Affairs had issued a finding that the Vested Rights Ordinance is inconsistent with the Comprehensive Plan and they are in the process of transmitting that inconsistency finding to the Department of Administrative Hearings. He informed the Board of what they can do regarding the matter and recommended that they negotiate with the Department of Community Affairs, to see exactly where the County is, as far as they are concerned.

Commr. Cadwell stated that he did not have a problem with doing that, as long as the majority of the Board feels the Board needs to move forward strongly, noting that the Board has done a lot of things over the last two years that were based on that vesting language and it is the key to everything that the County has been doing.

Commr. Swartz stated the Board needed to understand that, if they were going to go forward with the negotiations, DCA's comments on inconsistency were far reaching. He stated that, if the Board had any hope of reaching an agreement with DCA, they were going to have to make some substantial changes to the Vested Rights Ordinance and, if the majority of the Board was not willing to recognize that and proceed in good faith, then he did not know how the Board would get DCA to consider them to be consistent.

Commr. Cadwell stated that the Board might go through the whole hearing process and not get DCA to consider them to be consistent, but, he felt that DCA cannot be right all the time.

Commr. Hanson stated that she believed the vesting language was very reasonable and something that the people of Lake County could live with.

Commr. Swartz stated that he preferred to modify the LDRs, to make them consistent with the County's Comprehensive Plan. He stated that, if the Board was going forward with the idea that they were going to negotiate something, without substantial changes, then they were misleading themselves. He stated that, if the majority of the Board wanted to defend the LDRs, then that is what they should do. Otherwise, they need to modify them, to make them consistent.

Commr. Hanson stated that she felt the Board recognized the fact that the outcome of any negotiations would require modifications of the LDRs, but to what extent, they will not know until there are negotiations.

Commr. Cadwell stated that he felt the majority of the Board feels that the LDRs are consistent, however, in dealing with DCA and trying to go through the process, the process allows for the Board to negotiate with DCA and he felt that would be the prudent thing to do. If not, they need to understand that the Board is going to move forward.

Commr. Swartz clarified the fact that the majority of the Board does not desire to modify the Vested Rights Ordinance and does not accept DCA's position that it is not consistent with the Comprehensive Plan.

Commr. Bailey stated that his vote would be to go with Option No. 1, which is to defend the LDRs, by proceeding to a formal Chapter 120 hearing before the hearing officer, for a determination.

A motion was made by Commr. Cadwell and seconded by Commr. Bailey to approve the recommendation by the County Attorney that the Board negotiate with the Department of Community Affairs, with regard to the Vested Rights Ordinance being found to be inconsistent with the County's Comprehensive Plan, by the Department of Community Affairs.

Under discussion, Commr. Gerber stated that there has to be a belief in the State Growth Management Act of 1985, noting that, if the Board does not believe that is going to be a beneficial document to the people of the State of Florida, in both the quality of life and taxation, then they are going to vote for the negotiations. However, if they do believe in the Growth Management Act, which requires the County's Comprehensive Plan to be in compliance with it and requires the LDRs to be in compliance with the County's Comprehensive Plan, then they are going to vote against it.

Commr. Hanson interjected that there are 67 County Growth Management Plans throughout the State and they are all very different, depending on the area and the philosophy of the people in that area. She stated that no one person can say what is right. She noted that there are many planners in DCA that have never actually been out in the communities.

Commr. Bailey stated that he felt the matter should be a local issue.

Commr. Swartz concurred with Commr. Gerber, stating that what it comes down to is whether or not the Board supports the State's Growth Management Act, comprehensive planning, and the County's own Comprehensive Plan.

Discussion continued regarding the matter.

The Chairman called for a vote on the motion, which was carried by a 3-2 vote.

Commrs. Swartz and Gerber voted "No".

REPORTS

COUNTY MANAGER

CODE ENFORCEMENT/ZONING

Mr. Pete Wahl, County Manager, informed the Board, for informational purposes, of staff's determination regarding a request to place mobile homes on some property that is located adjacent to a city. He stated that the original mobile home that was on the property was placed there in conformity to the Code, at that time, however, there are some setback encroachments and the mobile home needs to be relocated and the owner needs to come into the County and file a Unity of Title on both lots.

Mr. Wahl stated that the second mobile home is not on the property legally, in conformity with the current Code and the count of rooftops on surrounding property, however, the owner has the right to apply for a variance with the Board of Adjustments and has been notified of that fact.

No action was needed or taken.

REPORTS

COUNTY MANAGER

COUNTY EMPLOYEES/COUNTY POLICY/HUMAN RESOURCES

Mr. Pete Wahl, County Manager, informed the Board, for informational purposes, that the 105 eligible employees of the County would be casting a ballot as to whether or not they want to be represented by a bargaining unit and that staff should have the outcome of that vote by the afternoon of Wednesday, September 21, 1994.

No action was needed or taken.

REPORTS

COMMISSIONERS' BUSINESS

LIBRARIES

Commr. Gerber invited the Board to attend the party for the new library computer system (Dynix), to be held at the Tavares Public Library, on September 29, 1994, at 5:30 p.m.

REPORTS

COMMISSIONERS' BUSINESS

MUNICIPALITIES/MISCELLANEOUS

Commr. Cadwell informed the Board that they should have received an invitation from the Lake County League of Cities to a legislative outing that is planned for October 13, 1994 and encouraged them to attend.

REPORTS

COMMISSIONERS' BUSINESS

MISCELLANEOUS

Commr. Cadwell brought up for discussion the issue of the Impact Fee Deferment Plan and questioned how it will be handled, now that it has been approved. He stated that he would like to see it be put on an Agenda, for discussion.

Mr. Pete Wahl, County Manager, stated that Mr. Alvin Jackson, Economic Development Coordinator for Lake County, was working on an Implementation Schedule and would be bringing it back to the Board, as a recommendation from him and the Industrial Development Authority, at a later date.

No action was taken at this time.

REPORTS

COMMISSIONERS' BUSINESS

MISCELLANEOUS

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request for a letter of support to be sent to the Lake County Community Action Agency, which will become part of the annual souvenir book that is presented at their Board of Directors Meeting and will be given to all Lake County cities, to both the state and national legislative delegations, and to about 400 guests.

REPORTS

COMMISSIONERS' BUSINESS

COMMITTEES/COMMUNITY SERVICES

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board reappointed Mr. Jack Hargrove and Ms. Nancy Taylor to the Board of Directors of the North Central Florida Health Planning Council.

REPORTS

COMMISSIONERS' BUSINESS

COMMISSIONERS/GRANTS/COUNTY BUILDINGS & GROUNDS

Commr. Hanson thanked Commrs. Bailey and Cadwell for accompanying her, Mr. Alvin Jackson, Economic Development Coordinator for Lake County, and Mr. Mike Anderson, Director, Facilities and Capital Improvements, to Tallahassee and lobbying the Florida Historic Preservation Council for the grant for the Historical Courthouse. She noted that the trip was a successful one.

MISCELLANEOUS/PLANNING AND DEVELOPMENT

Mr. Mark Knight, Chief Planner, Planning and Development, presented Commr. Hanson, on behalf of the Board, with the "1994 Achievement Award for Affordable Housing" plaque from the National Association of Counties.

Mr. Knight was thanked for all the hard work that he had put into the project.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess until 2:00 p.m.

WORKSHOP

LAND DEVELOPMENT REGULATION ADVISORY COMMITTEE RECOMMENDATIONS REGARDING CONCURRENCY AND COMMERCIAL AND TIMING CRITERIA

PLANNING AND DEVELOPMENT

Commr. Gerber was not present for this portion of the meeting.

Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board stating that the Board had directed the Land Development Regulations Advisory Committee (LDR Advisory Committee) to address the three issues of Concurrency Management, Timing Residential Development in the Transitional and Suburban Land Use Categories, and Criteria to Direct Commercial Development. He stated that a summary of the actions taken by the LDR Advisory Committee had been provided in a memorandum to the County Manager, Mr. Pete Wahl.

Mr. Knight gave a general overview of what had transpired, up to this point, regarding the three issues alluded to, stating that approximately one year ago staff rewrote the entire Concurrency Management section, due to implementation problems. He stated that they made some administrative type modifications to the Concurrency Management System and incorporated ELMS III legislation, to the extent that they could, without a Comprehensive Plan amendment.

Mr. Knight stated that the Concurrency Management System was approved by the LDR Advisory Committee, except for two areas, being (1) the reservation of capacity and payment, particularly with large scale developments, with regard to having a rolling time frame on them and when the capacity was incumbered and (2) alternative data, noting that the Comprehensive Plan allows for alternative data to be submitted, for the evaluation of Concurrency Management, however, there was a stalemate on whether or not to allow it. He stated that the way it is presently written it allows alternative data, but it does not reference what type of alternative data. He noted that the County Attorney's Office had drafted a very general appeals process for concurrency determinations, so that there would be a method by which they could be challenged.

Mr. Knight stated that staff pulled out all the policies in the Comprehensive Plan dealing with commercial location criteria and took them before the LDR Advisory Committee and explained the numerous problems that they were having, in trying to present cases regarding same. He stated that staff also sent the Committee memorandums and staff reports, indicating where they had faced location criteria problems in the past, as well as went through an overview of all the policies in the Comprehensive Plan.

Mr. Knight stated that it was the recommendation of the LDR Advisory Committee that the matter go back before the Board, to proceed forth with a Comprehensive Plan Amendment, to make the Comprehensive Plan internally consistent, before proceeding forth with LDRs. He stated that it would take approximately one year to go through a Comprehensive Plan Amendment, for commercial location criteria, and noted that the Committee suggested they would be willing to accept the role of the Review Committee for same, if the Board chose to go through with an Amendment.

Mr. Knight stated that, with regard to the issue of Timing Residential Development in the Transitional and Suburban Land Use Categories, the Committee debated the policies regarding residential development, in both suburban and transitional land use categories. He stated that the final recommendation was to take the language from the Comprehensive Plan and put it, verbatim, into the LDRs. He then answered questions from the Board regarding the issues alluded to.

Discussion occurred regarding the County having to meet a time specific, at which time it was noted that Chapter 380, of the Florida Statutes, and Rule 9J8, of the Florida Administrative Code, gives DCA the authority to require a time specific.

Mr. Tim Hoban, Senior Assistant County Attorney, stated that it states in the Florida Statutes that the County has one year to make its LDRs match its Comprehensive Plan and that staff had determined that date to be one year from the date that the County adopted amendments to its Comprehensive Plan.

Commr. Hanson stated that she felt the date to bring the LDRs into compliance should be one year from the date of the Settlement Agreement and that she felt staff should argue that case. She stated that staff needs the time to put together LDRs that are workable and in compliance and not be rushed to do it.

Commr. Cadwell stated that the three issues being discussed had been brought to the Board's attention before, by the LDR Advisory Committee, seeking guidance, however, the Board had sent them back to the Committee. Due to the fact that they were back before the Board again, he felt sending them back to the Committee one more time was going to be a delay that the County did not have time for. He stated that he felt staff should put together some LDRs, concerning the three issues, and bring them back to the Board, at a later date. He stated that he did not want to imply, in any way, that the Committee could not come back with something else, but, being this was the second time they had sent something to the Board, he felt the Board needed to accept it and do something with it.

Commrs. Hanson and Bailey concurred.

Further discussion occurred, at which time Mr. Knight stated that DCA's primary issue concerns any of the Comprehensive Plan provisions that need to be brought forth into the LDRs that pertain to the Green Swamp Area of Critical State Concern.

Mr. Paul Bergmann, Senior Director, Planning and Development, stated that staff would come back to the Board with suggestions for a short turnaround, concerning the three issues alluded to, plus the minor LDRs, as a show of good faith.

Ms. Cecelia Bonifay, a local attorney and member of the LDR Advisory Committee, as well as a member of the Sub-Committee for Concurrency Management, appeared before the Board stating that she felt the issue of Concurrency Management had been discussed about as thoroughly as it could be. She stated that almost two years have gone by since it was last discussed and urged the Board to workshop it, or move forward with it.

Ms. Bonifay stated that, with respect to commercial location criteria, there were several members on the Committee who felt that, unless the County was also looking at Comprehensive Plan Amendments, its hands were tied. She stated that there may be some remedial actions that the County can take to adjust certain things, but, until they deal with some basic inconsistencies, the Board needs to look at it. She stated that she felt it was more appropriate for the Board to do so, because the Committee was developed to look at LDRs, not at Comprehensive Plan changes.

Ms. Bonifay stated that, at the present time, the County is prohibiting commercial development in the unincorporated areas of the County, except in a PUD, and, due to this fact, the Board is going to find that commercial development is going to go to the cities. She stated that, if it is the goal of the County not to have commercial, then it is a logical objective, however, if it is not the County's goal, as evidenced by the County's Economic Development Element, then the County needs to get those two things in sync.

Ms. Bonifay stated that, with respect to the issue of timeliness, other than Mr. Knight's draft of Concurrency Management, the LDR Advisory Committee was not getting a lot of help, so she was very happy that staff could now present to the Board what they feel it should be. She stated that it is very difficult for lay people to develop Land Development Regulations, and, in light of that, felt the whole committee theory on this particular issue needed to be re-evaluated. She stated that she would urge the Committee to move along the things that are primarily housekeeping, understanding that the County is under the gun with DCA and things have got to be accomplished, however, felt that some of the areas are policy decisions that are more appropriate to come from staff to the Board.

Ms. Bonifay again urged the Board to move forward on Concurrency Management, especially with changes that are now a couple of years old. She stated that she felt it was incumbent upon staff to bring those types of things to the Board and not dump them on a committee, or wait for someone like her, or the development community, to bring them to the Board.

Ms. Bonifay requested clarification on the LDRs, as to DCA's Order of Consistency and what the Board's position was going to be. She stated that she has a number of clients who are concerned about the matter and whether or not there is going to be an Administrative Hearing.

Commr. Cadwell suggested that staff be directed to take the three issues discussed this date and come back to the Board with LDRs, in order to move forward, and take the minor LDRs back to the LDR Advisory Committee and try to move those through, due to being under time constraints, and then have staff come back to the Board with an estimated timetable. He stated that the Committee needed to understand that the Board was taking this action, because the Committee had sent them to the Board twice. He stated that they also needed to understand that the Board would handle these three issues, but that they needed the other LDRs as soon as possible.

Staff was directed to draft Land Development Regulations for Concurrency Management, Timing Residential Development in the Transitional and Suburban Land Use Categories, and Criteria to Direct Commercial Development, to send to the Department of Community Affairs, to see if they will accept them, and come back to the Board with a work plan for the complete LDRs revision and the minor LDRs presently being reviewed by the LDR Advisory Committee.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:40 p.m.



________________________________

CATHERINE C. HANSON, CHAIRMAN



ATTEST:







__________________________________

JAMES C. WATKINS, CLERK



sec/9-20-94/10-26-94/boardmin



A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FINAL BUDGET ADOPTION

SEPTEMBER 20, 1994

The Lake County Board of County Commissioners met in special session on Tuesday, September 20, 1994, at 6:30 p.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; Rhonda H. Gerber; Don Bailey; and G. Richard Swartz, Jr. Others present were: Frank T. Gaylord, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, Finance and Audit Department; and Sandra Carter, Deputy Clerk.

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

The Chairman opened the meeting.

PUBLIC HEARING

FINAL BUDGET ADOPTION

BUDGETS/OFFICE OF BUDGET

The Chairman informed those present that, pursuant to Section 200.065 of the Florida Statutes, Lake County had advertised, prior to final adoption, its intent to adopt the final millage rate and budget in the Daily Commercial and The Lake Sentinel. She stated that the millage rate and the percentage increase over rolled-back, were as follows:

% INCREASE

CERTIFIED TENTATIVE (DECREASE) OVER

ROLLED-BACK MILLAGE RATE ROLLED-BACK

COUNTYWIDE

General 4.892 5.135 5%



MSTU

Greater Hills 3.49 4.000 15%



LAKE COUNTY AMBULANCE TAXING DISTRICTS



Lake County .212 .222 5%

Ambulance District





The Chairman stated that the figures given represented an aggregate increase over Rolled-Back of 5.03%

The Chairman opened the public hearing.

Mr. Marion Tolson, a resident of Lady Lake, appeared before the Board stating that he felt the Board should cut taxes by 50%, rather than raise them 5%.

Mr. Roy Taylor, a local resident, appeared before the Board stating that, if the Board approved to raise taxes, they would be feeding the fires of inflation. He stated that government needs to live within its means.

Mr. Jerry Gellinger, a local resident, appeared before the Board stating that the County was putting a bite on retirees who live on fixed incomes, by raising taxes, and requested that they take it all under advisement.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

Commr. Cadwell stated that the millage rate proposed this year was the same as it was last year, so, unless one's assessment went up, their taxes would remain the same. He stated that what the County did last year and what they proposed to do this year would stabilize the millage rate and that was something the County needed. He stated that the County would have a reasonable budget that would still keep the level of service where it should be, for the residents of the County, and that he intended to vote for this budget.

Commr. Gerber stated that she was not going to support this budget, for reasons she gave at the preliminary budget hearings and because of a general discomfort that she had with the method of government that the County is presenting operating under, which is the County Manager form of government.

Commr. Swartz stated that last year was a difficult budget year, one in which the County fully funded the cost of the Jail, as well as ten deputies for the Sheriff's Department - five mid-year and five at the beginning of the year. He stated that was a difficult vote, but he voted for it, because he felt it was in the best interest of the citizens of the County.

Commr. Swartz discussed the new positions being requested in this year's budget and stated that the number of county employees has risen from 385 in FY 1990-91 to 440 in FY 1994-95, which is over a 10% increase in authorized positions over that period of time. He stated that he re-read the recommendations of the Kitchen Cabinet (a citizens review group that the Board had asked to look at several departments in county government and review them and make recommendations) and they recommended no new positions. He stated, however, that they did recommend ways in which to become more efficient and they recommended computerization and changing employees' locations, which the County is in the process of doing, through renovations and equipment that the County is proposing to purchase, in this year's budget.

Commr. Swartz stated that the Board should be doing what the Kitchen Cabinet recommended, which was to find more ways in which to be more efficient and effective, rather than increasing the number of authorized positions significantly. He stated that, during the preliminary budget hearings, he indicated he would support some of the new positions, the ones that seemed to be the most urgent, but, he would not support all 16 of the new positions that were proposed. He stated he had indicated that, if those positions were still in the budget and it demanded a tax increase, he would vote against it.

A brief discussion occurred regarding the number of positions originally requested and the number of positions actually approved, at which time Commr. Cadwell pointed out the fact that staff requested a lot more positions, in the budgets that they submitted to the County Manager, than what the Board approved.

Commr. Bailey stated that he had voted against the tax increase last year, however, he felt the County Manager had done what he was asked to do, therefore, he was going to support this budget.

Commr. Hanson stated that the County cannot continue to increase regulations, which it has done, without having the manpower to implement those regulations. She stated that she felt it was time the Board stopped playing politics with taxpayers' money. She stated that she felt there were Commissioners on the Board that were trying to force her to make a political decision, however, she was going to make a responsible decision, which was to hold the line on the millage rate.

Commr. Hanson stated that she felt the Board needed to give the County Manager and staff a consistent revenue source, to provide the level of service that is required by the people in the County. She stated that, if the Board reduced its revenue, it would only mean a decrease in the level of service. She stated that she was prepared to approve the budget, as presented, and noted that she felt the Board and staff had done an excellent job, during the last four years, in holding the line on the millage rate.

Commr. Gerber brought up for discussion the issue of the Vegetation Abatement Ordinance, stating that, if it was not working, then the Board needed to amend it, or repeal it.

Commr. Swartz requested staff to provide the Board, by September 20, 1994, with a recap of the number of Code violations that have come into the County, with regard to the Vegetation Abatement Ordinance, so that they can evaluate the manhours involved.

Further discussion occurred regarding this budget and past budgets.

At this time, Mr. Joe Grawet, Personnel Manager, Human Resources, read each of the following Resolutions into the record.



On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved Resolution No. 1994-185, adopting a final millage rate of 4.000 mills, for Lake County, for the Greater Hills Municipal Service Taxing Unit, for FY 1994-95.

Mr. Frank T. Gaylord, County Attorney, pointed out the fact that the Resolution contained a scriveners's error on Page 4, Line 15, in that the year 1993 should be changed to 1994.

Commrs. Swartz and Gerber voted "No".

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved Resolution No. 1994-186, adopting a final millage rate of .222 mills, for the Lake County Ambulance District, for FY 1994-95.

Commrs. Swartz and Gerber voted "No".

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved Resolution No. 1994-187, adopting a final budget of $150,076,737.00, for Lake County, for FY 1994-95, a copy of which was attached and incorporated as Exhibit "A".

Commrs. Swartz and Gerber voted "No".

The millage rate for the General Fund was set at 5.135 mills.

Commr. Swartz recognized and thanked Ms. Eleanor Anderson, Director, Office of Budget; Ms. Liz Blackburn; Ms. Debbie Tinis; Ms. Loretta Hale; and Ms. Roben Cunningham for putting together the FY 1994-95 budget, as well as past budgets, and encouraged the Board to support a motion to instruct staff to ensure that, if there were any positions within county government, under the control of the Board, for which any of said individuals were qualified, that they be given preference for those positions, due to the fact that there would no longer be a Budget Office under the County Manager.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board directed staff to ensure that, if there were any positions within county government, under the control of the Board, for which any of the Budget Office employees were qualified, that they be given preference for those positions.

Mr. Pete Wahl, County Manager, stated that he had been attempting to place the above stated employees in positions where they met the qualifications, as requested.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 7:15 p.m.





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CATHERINE C. HANSON, CHAIRMAN



ATTEST:







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JAMES C. WATKINS, CLERK



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