A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 1, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, October 1, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber, and G. Richard Swartz, Jr. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; Mr. James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, noted that Tab 52, approval and execution of Fee Schedule Resolution for Fiscal Year 1996/97, was an advertised Public Hearing and should be moved under Public Hearings.

Mr. James C. Watkins, Clerk, requested that Item No. 9, approval of list of items to be deleted from Fixed Assets for the month of September 1996, in the amount of $32,029.00, be pulled from the Clerk's Consent Agenda.

MINUTES

Regarding the Minutes of September 3, 1996 (Regular Meeting), the following changes were requested:

Page 17, Line 13 - add after "Board" and for presenting the comments from the Lake County Agricultural Advisory Committee,.

Page 17, Line 30 - change "Attorney" to Manager.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of September 3, 1996 (Regular Meeting), as amended.



CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Item No. 9:

Accounts Allowed/Budget Transfers



Request for approval of Budget Adjustments for FY 95/96 and FY 96/97, and Resolutions from the Office of County Finance, as follows:



A. Authorization to Pay:



1. Fund: General

Department: Judicial/Public Defender

Account: Contractual Services $25,635.12



Justification: Pursuant to Board action during the budget for Fiscal Year 1996/97, the Public Defender is requesting the funding for the paralegal position in the amount of $25,635.12. (FY 96/97)



B. Resolutions:



1. Fund: General

Department: Constitutional Officer/Sheriff

Revenue: Police Services - Minneola $49,696

Expenditure: Transfer/Law Deputies $49,696

Amendment #: 96-375



Justification: Resolution No. 1996-136 to receive proceeds from the contract between the Sheriff's Department and the City of Minneola for police services. (FY 95/96)



2. Fund: General

Department: Community Services

Revenue: F.E.M.A. $3,327

Expenditure: F.E.M.A. $3,327

Amendment #: 96-376



Justification: Resolution No. 1996-137 amending the General Fund in order to receive unanticipated revenue. The County has received notification of additional grant funding through the Federal Emergency Management Agency for 1996 for welfare assistance. (FY 95/96)



Bonds - Contractor



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



New



152-97 Bill J. Monn (Building Contractor)

402-97 Boone Sign Erection and Service, Inc.

1345-98 Marland J. Braksick (Residential Contractor)

3096-97 Terry Ross dba Terry Ross Plumbing

4102-97 Raymond V. Wise/Wise Electric Service, Inc.

4128-97 Ron H. Prevatt dba Ron Prevatt Electric

4301-97 Austin B. Guinan (Electrical)

4437-97 Robert C. Mattingly dba Sunshine Heating & Air Conditioning



4525-97 American Electric Central Fla., Inc.

4536-97 Peltz Inc. dba Mike Peltz Professional Plumbing

4951-97 Paul E. Guimond (Electrical)

5011-96 Maurice F. Callahan-Callahan Sales & Service

5095-97 James E. Williams (Heating & Air Conditioning)

5112-97 David J. Abrams dba Abrams Plumbing

5230-97 H & R Electrical Contractors, Inc.

5281-97 Perkins Electric

5480-97 Frank Ballance dba AAA Discount Plumbing, Inc.

5483-97 Robert Porter/PCI Masonry & Concrete

5484-96 High and Low Electric, Inc.

5485-96 Danny James Refrigeration & A/C Service

5486-97 Daly Brothers Plumbing



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for David Brown, in the amount of $250.00, Case No. 94-40-CF; and authorized proper signature on same.



Accounts Allowed/Courts-Judges/Code Enforcement



Request for approval of Satisfaction and Release of Fine for Roger Brown, in the amount of $760.50, Case No. CEB 83-94-B; and authorized proper signature on same.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction and Release of Reduced Order of Fine for Douglas Carter, in the amount of $250.00, Case No. 001-7-354100-1-1047110; and authorized proper signature on same.



Accounts Allowed/Bonds



Request for approval of calculation of arbitrage rebate on the $69,615,000 Lake County, Florida Resource Recovery Industrial Development Refunding Revenue Bonds, (NRG/Recovery Group Project), Series 1993A.



Accounts Allowed/Solid Waste



Request for approval of calculation of arbitrage rebate on the $19 Million Line of Credit with SunTrust for solid waste capital improvements.



Budgets/State Agencies



Request for approval of Article V invoice to the Florida Legislature.



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 Board Support Division of the Clerk's Office.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending August 31, 1996. Disbursements made to Board: $143,456.56. Same period last year: $145,483.00.





State Agencies/Reports



Request to acknowledge receipt of Auditor General State of Florida Report No. 12801 operational audit of the expenditures of the St. Johns River Water Management District covering 10/1/94 through 9/30/95.



State Agencies/Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission, In Re: Application for Approval of Allowance for Funds Prudently Invested (AFPI) by Southlake Utilities, Inc. in Lake County, Docket No. 950933-WS, Order No. PSC-96-1082-FOF-WS, Issued August 22, 1996, Order Denying Southlake Utilities, Inc.'s Proposed AFPI Tariff and Notice of Proposed Agency Action Canceling Existing AFPI Tariff, Denying Waiver of Rule 25-30.434(4), Florida Administrative Code, and Requiring Refund of Previously Collected AFPI Charges.



State Agencies/Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission, In Re: Application for approval of transfer of facilities of Glenn's Cove Central Water System, in Lake County, to City of Tavares and cancellation of Certificate No. 324-W - Docket No. 960394-WU, Order No. PSC-96-1101-FOF-WU, Issued August 28, 1996 - Order Vacating Order and Reinstating Certificate.

COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, noted a correction to Tab 30, acceptance of Final Plat for Montclair Phase 1 Subdivision (aka Montclair Estates); approval and execution of a Developer's Agreement for performance of improvements between Lake County and Dale J. Ladd, Trustee; acceptance of a check in the amount of $8,800.00; and acceptance of a Conservation Easement Deed from Montclair Land Trust, changing $8,800.00 to $9,394.00.

Commr. Gerber requested that Tab 22, acceptance and execution of Developer's Agreement between Lake County, The City of Leesburg, and Pringle Communities, Inc., be pulled for discussion.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests, with the exception of Tab 22:



Accounts Allowed/Ambulances-Hospital Districts



Request for approval of payment of monthly Medicaid Hospital bill, in the mount of $50,927.79; and the Medicaid Nursing Home bill, in the amount of $36,461.41, for the month of July, 1996.





Accounts Allowed/Contracts, Leases & Agreements



Request and execution of Agreement between Lake County and LifeStream Behavioral Center, Inc. for annual funding contribution in the amount of $154,649.00.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval and execution of Agreement between Lake County and LifeStream Behavioral Center, Inc. for inmate psychiatric services in the amount of $30,000.00.



Accounts Allowed/Contracts, Leases & Agreements/Public Health



Request for approval and execution of Agreement between Lake County and the Medical Examiner for Fifth Judicial Court for autopsy services in the amount of $311,246.00.



Accounts Allowed/Contracts, Leases & Agreements/Grants



Request for approval and execution of contract between Lake County and Childhood Development Services for child care match and challenge grants in the amount of $40,000.00.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval and execution of contract between Lake County and the Golden Triangle YMCA for leadership programs in the amount of $20,000.00.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval and execution of contract between Lake County and the Lake County Boy's Ranch for therapeutic mentorship program in the amount of $5,000.00.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval and execution of contract between Lake County and Children's Home Society for early intervention collaboration in the amount of $52,000.00.



Accounts Allowed/Contracts, Leases & Agreements/Public Health



Request for approval and execution of Agreement between Lake County and the County Public Health Department for Fiscal Year 1996-97 in the amount of $406,483.00.



Resolutions/Grants



Request for approval and execution of Resolution No. 1996-138, amending two Housing Assistance Resolutions for SHIP Grant Compliance.



Accounts Allowed/Contracts, Leases & Agreements

County Property



Request for approval and execution of Contract for Sale and Purchase between Lake County and Ryder Truck Rental, Inc. for property located in Lake County Central Park in the amount of $77,700.00.





Accounts Allowed/Economic Development



Request for approval to award Beverage Body and Trailer, Inc. the balance of their Job Growth Incentive Fund monies in the amount of $26,500.00.



Contracts, Leases & Agreements



Request for approval and execution of Renewal of Lease Agreement between Lake County and Lake Agriculture and Youth Fair Association, Inc. for Fiscal Year 1996-97.



Contracts, Leases & Agreements/Municipalities/State Agencies



Request for approval and execution of First Amendment to Lease Agreement between Lake County and Veterans Memorial Post 347 of the American Legion, Department of Florida, relating to Lady Lake property.



Communications



Request for approval for direct payment of telephone bills for the Energy Management Operation.



Utilities



Request for approval for direct payment of utility bills for the Energy Management Operation complex in Tavares.



Communications



Request for approval to establish an account for payment of known recurring annual telephone bills.



Contracts, Leases & Agreements/Municipalities

Fire Protection



Request for approval and execution of Interlocal Agreement between Lake County and the Town of Lady Lake relating to provision of fire prevention services to the Town of Lady Lake.



Contracts, Leases & Agreements/Subdivisions



Request for acceptance and execution of Developer's Agreement between Lake County and The Plantation at Leesburg Limited Partnership for the issuance of four building permits prior to acceptance and recordation of the Final Plat; consists of 146 lots in Section 16, 35, and 36, Township 20S, Range 24E - Commissioner District 2.



Bonds-Mobile Home

Request for approval of cancellation of Mobile Home Bond issued to Peter Athan.



Human Resources/County Employees



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



Contracts, Leases & Agreements/Municipalities



Request for approval and execution of Settlement Agreement between Florida Central Railroad, Lake County and the City of Tavares relating to repairs to Sinclair Avenue.



County Property/Municipalities



Request for approval to annex 1.4 acres of County property having a depth of 200 feet, south of SR 19 into the City of Tavares.



Accounts Allowed/Subdivisions/Contracts, Leases & Agreements



Request for acceptance of Final Plat for Woodridge Phase IIA Subdivision; approval and execution of a Developer's Agreement between Lake County and Bay Hill Cove, Inc. for performance of improvements; and acceptance of a Letter of Credit in the amount of $45,331.00 - Commissioner District 2.



Accounts Allowed/Contracts, Leases & Agreements/Subdivisions

Resolutions/Roads-County & State



Request for acceptance of Final Plat for Greater Hills Phase VII; approval and execution of a Developer's Agreement for Maintenance of Improvements between Lake County and Greater Construction Corporation; acceptance of a Maintenance Bond, in the amount of $34,100.00; and approval and execution of Resolution No. 1996-141, accepting the following roads into the County Road Maintenance System: Royal Oak Court (#2-1356A), and extension of Greater Trail (#2-1456), and extension of Meadows West Trail (#2-1456A), Peppermill Trail (#2-1456B), an extension of North Greater Hills Blvd. (#2-1458A), and an extension of Indian Ridge Trail (#2-1458B) - Commissioner District 2.



Accounts Allowed/Subdivisions/Contracts, Leases & Agreements



Request for acceptance of Final Plat for Swiss Fairways PUD Phase 1 (aka Skiing Paradise); acceptance of a Letter of Credit for performance, in the amount of $102,850.00; and approval and execution of a Developer's Agreement for performance of improvements between Lake County and Pierre and Denise Grimm - Commissioner District 2.



Accounts Allowed/Deeds/Contracts, Leases & Agreements

Subdivisions



Request for acceptance of Final Plat for Montclair Phase 1 Subdivision (aka Montclair Estates); approval and execution of a Developer's Agreement for performance of improvements between Lake County and Dale J. Ladd, Trustee; acceptance of a check in the amount of $9,394.00; and acceptance of a Conservation Easement Deed from Montclair Land Trust - Commissioner District 2.



Resolutions/Signs/Roads-County & State



Request for approval and execution of Resolution No. 1996-139, authorizing the posting of speed limits on the following roads: Lake Drive (4-7898A), South Lake Drive (#4-7898B); Overlook Drive (#4-7898C); Tamarac Street (#4-8197C); Chinaberry Street (#4-8298); Coconut Avenue (#4-7597); Greenbrier Street (#4-7697); Poincianna Street (#4-8097); Aspen Street (#4-8098E); Nutmeg Avenue (#4-8198); Alder Avenue (#4-7998); Saffron Avenue (#4-8297); Quince Avenue (#4-8297A); Apricot Avenue (#4-8397), Seagrape Avenue (#4-8397H), and Royal Trails Road (#4-7997).



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



Request for acceptance of the following deeds:





Statutory Warranty:



Rayburn B. Jones and Ladonne S. Jones

Flatwoods Road (#1-4105)



Non-Exclusive Easement:



John Howard and Paula Howard

Johns Lake Road (#3-1158)



Manuel N. Ramos

Johns Lake road (#3-1158)



Accounts Allowed/Budgets



Request for approval and execution of Tentative Certified Budget for Arthropod Control for Fiscal Year 1996/97 in the amount of $34,476.00.



Accounts Allowed/Bids/Road Projects/Roads-County & State



Request for approval to advertise for bids for SA-88 Spruce Drive, Pinecrest Road and Beach Road in the Pine Lakes Subdivision at an estimated cost of $133,900.00, CTT funds - Commissioner District 4.



Risk Management/Insurance



Request for approval of continuation of the present Section 125 Flexible Benefits Plan benefits and vendors for the plan year of 1-1-97 to 12-31-97.



Contracts, Leases & Agreements/Solid Waste



Request for approval and execution of renewal of Agreement between Lake County and Laidlaw Environmental Services (TS), Inc. for hazardous waste management services.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN



PERSONAL APPEARANCES

At this time, Commr. Cadwell presented the following awards and plaques as Ms. Gwen Benton, Personnel Officer, provided information on each individual:

Presentation of Plaques to Employees with Five Years of Service



Russell Cheatham, Chief Mechanic, Public Services, Special Services Division, Mosquito & Aquatic Plant Management Services, Mosquito Management & Maintenance



John Guglielmi, Hazardous Materials, Public Services, Special Services Division, Mosquito & Aquatic Plant Management Services, Mosquito Management & Maintenance





Plaques to Employees with Ten Years of Service



David E. Block, Fire Lieutenant/EMT, Fire and Emergency Services, Fire/Rescue Division



Sue E. Gullickson, Buyer, Office of Purchasing



Wanda F. Williams, Secretary III, Planning & Development, Environmental Management Division, Storage Tank Program



PRESENTATION OF "PRIDE" CERTIFICATES



At this time, Commr. Cadwell and Ms. Sue Whittle, County



Manager, presented the following "Pride" Certificates:



Ag Center



John Jackson (Not Present)



BCC Administration



Jodi Hanson



Community Services



David Narrow, Division of Library Service

Anne Lanier, Veterans' Service Division



Facilities & Capital Improvements



John Bringard (Not Present)



Fire/Rescue



Doug Harrison, Logistics Division

Steve LaFleur (Not Present)

Ray Brittian (Not Present)



Public Services



Russell Cheatham, Mosquito & Aquatic Plant Management



Purchasing



Sue Gullickson



Solid Waste Management Services



Randy Beadle

Deann Lane

Carol Griffin



EMPLOYEE CERTIFICATION



Ms. Jenifer Dumas, Membership & Marketing Coordinator, Occupational Safety Division of the Central Florida Chapter of the National Safety Council, appeared before the Board to present the Professional Safety Certification to Chris Stephens, Sign Fabricator II, Engineering, Public Services Department.



PRESENTATION OF PROCLAMATION NO. 1996-121

Commr. Cadwell presented Proclamation No. 1996-121 proclaiming the period of October 6 through October 12, 1996 as Fire Prevention Week in Lake County to Chief Haun and Lake County Fire Rescue.

Chief Craig Haun, Senior Director, Fire and Emergency Services, and the Lake County Fire Firefighters presented to the County Manager and each Commissioner a framed photograph of the most recent acquisition of four pumpers that were purchased last year.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER

Ms. Sue Whittle, County Manager, presented the recognition of Ms. Melinda M. Hogan as the recipient of the 1996 4-H Rookie of the Year Award. She explained that the Florida Association of Extension 4-H Agents designates an agent to receive the 4-H Rookie of the Year Award, and explained that the recipient must have demonstrated outstanding performances as a professional, and provided outstanding support to the development of the County 4-H program. She stated that Ms. Hogan's leadership has resulted in the growth of the 4-H program, club membership has expanded 92%, the number of clubs has increased 61% from 23 clubs to 37 clubs, and volunteer enrollment has grown 50% with 15,200 hours of service valued at $176.000 during fiscal year 1995. She stated that Ms. Hogan was presented the 4-H Rookie of the Year Award at the annual meeting of the Florida Association of Extension 4-H Agents in Panama City, Florida.

Ms. Melinda M. Hogan was present to accept recognition.

COUNTY MANAGER

Ms. Sue Whittle, County Manager, presented the recognition of Ms. Deborah Boulware, Lake County Extension Agent in Family and Consumer Sciences, as the recipient of the 1996 Distinguished Service Award. She explained that the National Award was presented to Ms. Boulware at the national meeting in Providence, Rhode Island on September 19, 1996 and recognizes Extension Home Economist for leadership, outstanding programs, personal and professional growth. She explained that Ms. Boulware teaches monthly classes to prospective home buyers in Lake County's Affordable Housing Program, edits a low literacy monthly newsletter for WIC clientele, a weekly newspaper column, and provides in-service training for head start, child care providers, and nutrition programs.

Ms. Deborah Boulware was present to accept recognition.

PERSONAL APPEARANCES (CONTINUED)

SWEARING IN CEREMONY FOR 1996/97 AMERICORPS MEMBERS

Mr. Brad Bohnet, Americorps Lake Program Director, appeared before the Board to present the Swearing in Ceremony for the 1996/97 AmeriCorps Lake members. He stated that the primary focus for the AmeriCorps Lake Program this year would be education; at which time he provided a brief synopsis of the programs that begin on October 1, 1996. Mr. Bohnet introduced the Americorps Lake members to be sworn in, as follows. Kathy Lindsey, Nicholas Morency, Jason Inman, Lisa Medrano, Joan Peck, Kori McClellan, Stephanie Rimes, Suzanne Carr, Evelyn Clark, Rebecca Webber, Kenosha Hatcher, Julie McKinnon, Junko MaGee, Mary Richardson, and Charles Presnell.

At this time, Commr. Cadwell, Chairman of the Board of County Commissioners, conducted the official swearing in ceremony for the aforementioned Americorps members.

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES/SUBDIVISIONS

Commr. Cadwell presented the request for acceptance and execution of Developer's Agreement between Lake County, The City of Leesburg, and Pringle Communities, Inc. for continued development within a supply well protection area for Royal Highlands.

Mr. Sandy Minkoff, County Attorney, responded to a question presented by Commr. Gerber in regard to the issue of placement and protection of two public portable water supply wells on the property owned by the City of Leesburg, as noted on page 1 of the Developer's Agreement. He explained that the issue included a small portion of the Monarch Golf Course, a roadway, a retention pond adjacent to single family development, and one or two parking spaces at the club house. He stated that staff was comfortable with the protection of the wells in the agreement before the Board at this time.

Commr. Gerber expressed concern whether the deed restrictions for pesticide application for lots within the protection area were sufficient and questioned who would be responsible for enforcing the deed restrictions. Mr. Minkoff responded that the City of Leesburg, at this time, does not have an exclusion policy; however, the St. Johns River Water Management District was requiring the City to adopt an exclusion policy. He stated that the agreement addresses the issues that the City of Leesburg felt would be the issues of concern in regard to the wells. Commr. Gerber stated that her concern was not with the current homeowners moving into the lots but with future buyers of the property in question and whether the deed restrictions would be enforced. Mr. Minkoff clarified that the agreement only prohibits the use of commercial pesticides, herbicides, and fertilizer applications within the Zone of Exclusion, and the Wellfield Protection Area delineated in the Land Development Regulations that require a licensed applicator to apply.

Commr. Good stated that one of the major concerns expressed at the annual Water Management Conference in the south and southwest Florida areas was the development of water supply and protection of water supply. He stated that it was a clear directive to protect wells within Zones of Exclusion at the time that the Conservation Element of the Lake County Comprehensive Plan was written. He stated that he would support Commr. Gerber's suggestion that Code Enforcement be given the ability to be involved in wellfield protection.

Mr. Jimmy Crawford, Attorney, representing Pringle Communities, Inc., appeared before the Board and explained that the lining of the retention pond within the Zone of Exclusion would be a mud lining and that the area of discussion was a portion of four lots, and a portion of one tee and one green on the Monarch Golf Course. He explained that the well was permitted through the St. Johns River Water Management District, and that County staff was not aware of the permitting. He stated that the Lake County Comprehensive Plan and the Land Development Regulations allow residential development right up to the well with no restrictions. He explained that the Developer's Agreement would allow continued development subject to deed restrictions for pesticide application for lots within the protection area; restrictions of herbicide/pesticide application on areas of the golf course within the wellhead protection area; lining of the retention pond within the exclusion zone; and St. Johns River Water Management District approval of a chemical management plan for pesticide/herbicide application on the golf course. Discussion occurred in regard to the lining of the pond; at which time, Mr. Crawford stated that he would be submit a letter stating that the developer would use whatever type of lining that the Board may require.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved acceptance and execution of Developer's Agreement between Lake County, The City of Leesburg, and Pringle Communities, Inc. for continued development within a supply well protection area.

PUBLIC HEARINGS

CONTRACTS, LEASES & AGREEMENTS/AMBULANCES-HOSPITAL DISTRICTS

Chief Craig Haun, Senior Director, Fire & Emergency Services, appeared before the Board to present the request for signature on the Certificate of Public Convenience and Necessity for Florida Hospital Waterman/Florida Regional Emergency Services, Inc. to operate emergency medical transportation services for the citizens of Lake County. He stated that letters of notification of the public hearing have been sent to all municipalities and no letters or communications have been received in opposition to this renewal.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Commr. Gerber made a motion, which was seconded by Commr. Good, to approve the renewal of the Certification of Public Convenience and Necessity for Florida Hospital Waterman/Florida Regional Emergency Services, Inc.; and authorized proper signatures on same.

Commr. Swartz stated that he would like for Chief Haun to take back to his department a realization that the Board members recognize the progress that has been made in the Lake County fire system, and that the purchase of the new trucks was an indication that tax dollars have been wisely spent.

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

ORDINANCES/COMMITTEES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance creating the "Lake County Agricultural Advisory Committee, on the floor for its final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE "LAKE COUNTY AGRICULTURAL ADVISORY COMMITTEE"; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; PROVIDING FOR TERMS OF MEMBERS; PROVIDING FOR TERMS OF COMMITTEE; PROVIDING FOR REPEAL OF RESOLUTION NUMBERS 1992-98, 1992-121, 1994-30 AND 1994-143 RELATING TO THE LAKE COUNTY AGRICULTURE ADVISORY COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.



There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by 5 - 0 vote, the Board approved Ordinance No. 1996-79, an ordinance creating the Lake County Agricultural Advisory Committee, as read on its final reading by title only.

RESOLUTIONS/GROWTH MANAGEMENT/FIRE PROTECTION/SOLID WASTE FACILITIES & CAPITAL IMPROVEMENTS/COMMUNITY SERVICES/PUBLIC SERVICES

Ms. Sue Whittle, County Attorney, presented the Fee Schedules for Fiscal Year 1996-1997 and noted that Exhibit "A" had been distributed prior to the start of the meeting this date and indicates a reduction in the reinspection fees from $50.00 to $25.00.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Ms. Jean Kaminksi, Executive Director, Home Builders Association, appeared before the Board to express support of the Fee Schedules for Fiscal Year 1996-1997 and requested that the Board support said fees.

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

Ms. Sharon Farrell, Senior Director, Growth Management, was present to address questions in regard to the Department of Growth Management Fee Schedule for Reinspections, Lot of Record Determination, Lot Line Adjustment, and Accessory Structures.

Chief Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board to address questions in regard to the Department of Fire and Emergency Services Fee Schedule for Animal Control/Sterilization, and Public and Private Hydrants.

Commr. Swartz briefly discussed the issue of reinspection fees and requested that the County Manager and Growth Management look at the issue of inspections versus reinspections.

Commr. Hanson briefly discussed the Lot of Record Determination Fee Schedule and expressed concern with the Lot of Record Determination fee being paid twice.

Discussion occurred in regard to the Lot Line Adjustment Fee Schedule, in the amount of $250.00; at which time, Commr. Hanson suggested there may be a need for a Minor Lot Line Adjustment category to address the issue of a lot split among two neighbors. Discussion occurred in regard to Exhibit "F", Recyclables/ Special Waste, and the fee schedule for "tires by the load" at $65.00 per ton. Commr. Gerber expressed concern that said fee was too high, and would require adjustment to encourage individuals to bring in the tires for recycling. It was noted that there had been no change in the fee schedule for "tires by the load".

Commr. Swartz discussed the need for a reasonable fee for businesses to encourage them to recycle items such as chemicals, pesticides, batteries, motor oil and fluorescent lamps.

Commr. Hanson discussed a situation that was brought forth several weeks ago in regard to a pole barn, and the amount charged for the permit for said barn. Ms. Farrell stated that, in the above noted instance, the value of the pole barn was based on the Southern Building Code Congress International evaluation chart, and the fee for that type of structure was $12.00 per square foot. Commr. Hanson requested that staff review the issue of permitting for accessory structures to provide more equality.

Ms. Kaminski reappeared before the Board to briefly discuss the Southern Building Code Congress International (SBCCI) model codes and stated that the State of Florida was exploring the issue of a Florida Unified Building Code. She briefly discussed the procedure for submitting proposed code changes, and explained that the SBCCI meets in July for the purpose of reviewing proposed changes, and preparing a "blue" book of the proposed changes. A recommendation is then presented at the October annual conference when final code changes are made and approved to appear in the next code.

In response to a question presented by Commr. Hanson in regard to an exemption for accessory structures, Ms. Farrell stated that she would research the requirements, and the issue of an exemption for accessory structures below a specific threshold.

Chief Haun briefly discussed the Animal Control Fee Schedule and stated that the fees remained unchanged with the exception of the sterilization fees. He stated that staff was proposing that the County adopt the fees based on the actual cost of sterilization with a process in place that would provide a reduced fee for low income residents which would be funded by the sterilization fund.

Commr. Swartz requested that staff address the issue of discussing with the local veterinarians and veterinarian associations a way in which to reduce the cost of the sterilizations. He stated that the Animal Control Advisory Committee, which has been created in the draft Animal Control Ordinance, would be an appropriate place to address these issues.

Commr. Hanson discussed Exhibit "B", Public and Private Hydrants, and expressed concern with the fee schedule for Hydrant Testing and Maintenance for wells and tanks owned by businesses or non-profit organizations who are providing a service to the community as a whole.

Chief Haun explained that the present procedure was an elected fee paid by the people that own the system who wish to have the County do the necessary testing in lieu of hiring a water testing company.

Commr. Swartz addressed the issue of old Conditional Use Permits (CUPs) that were, in many cases, mobile homes, and whether or not the County was going to continue to charge an annual reinspection fee for what was a residential CUP. He requested that staff address the issue of whether those types of CUPs need to be inspected annually or whether mailing a notice asking if there have been any changes would be sufficient.

Ms. Whittle noted that Section 9 of the resolution authorizes the County Manager to waive the fees reflected in Sections 2 - 8, if the County Manager determines that the review, which the fee was required to cover, was not necessary.

Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve Resolution No. 1996-140, adopting the Fee Schedules for Fiscal Year 1996-1997, with the assurances from the County Manager that staff would review the Schedule of Fees for the issues addressed by the Board during the discussion this date.

Commr. Gerber requested that a bound copy of the Fee Schedule for Fiscal Year 1996-1997 be provided to each Commissioner.

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

RECESS & REASSEMBLY

At 10:45 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:50 a.m.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)

CONTRACTS, LEASES & AGREEMENTS

Mr. Barry Brown, Economic Development Coordinator, was present in the audience.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved the Agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc. for Fiscal Year 1996/97; and authorization for the Chairman to sign the necessary documentation.

ORDINANCES/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management Services, appeared before the Board and explained that this request was for approval to advertise an ordinance amending Appendix E, Land Development Regulations to provide for Small Scale Development Activities, changing the annual cumulative limit from sixty (60) acres to eighty (80) acres.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to advertise an ordinance amending Appendix E, Land Development Regulations, of the Lake County Codification amending Chapter XIV, Administration; providing for the amendment of Section 14.02.10.C, Small Scale Development Activities, changing the annual cumulative limit from sixty (60) acres to eighty (80) acres.

ORDINANCES/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management Services, appeared before the Board and explained that this request was for approval to advertise an ordinance amending Appendix E, Land Development Regulations, to establish a consistent application of setbacks relating to accessory structures in residential zoning districts.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to advertise an ordinance amending Appendix E, Land Development Regulations, of the Lake County Codification amending Chapter III Zoning District Regulations; providing for the amendment of Table 3.02.05 Setback Requirements, amending Zoning District R-2, Side and Rear Setbacks, New Development and Existing Development with Conforming Lots, changing the side and rear setbacks for accessory structures from 20 feet to 10 feet; amending Zoning District R-2, Side and Rear Setbacks, Existing Development with Nonconforming Lots, changing the side and rear setbacks for single family and accessory structures from 10 feet to 5 feet; amending Zoning District AR Side and Rear Setbacks, Existing Development with Nonconforming Lots, changing the side and rear setbacks for single family and accessory structures from 20 feet to 5 feet.



OTHER BUSINESS

COMMITTEES

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board ratified the decision of the Women's Hall of Fame Selection Committee to make the 1996 Award to Lillie Mathews.

APPOINTMENTS-RESIGNATIONS/CODE ENFORCEMENT BOARD

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to postpone the appointments of individuals to the categories of "realtor", "contractor", and "businessman" on the Code Enforcement Board until October 15, 1996.

APPOINTMENTS-RESIGNATIONS/LIBRARIES

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointments of the following individuals to the Lake County Library Board:

At-Large Representatives

Laura Clark - Term will expire September 30, 1999.

Anne-Marie K. Norman - Term will expire October 1, 1998.



Representative of Umatilla Public Library



Mitzie Canova - Term will expire September 30, 1999.



Representative of Tavares Library



Dr. Michael Jasenas - Term will expire September 30, 1999.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0, the Board approved the appointments of the following individuals to the Transportation Disadvantaged Coordinating Board:

A Person over 60 Years of Age Representing the Elderly of the Service Area



Frank Rokofsky - Term will expire October 11, 1999.



A Citizen Advocate



Helen Elleck - Term will expire October 11, 1999.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Hanson presented the request for appointment of individuals to the Lake County Comprehensive Health Care Committee and explained that the committee was being expanded from nine (9) to seventeen (17) members to prevent the loss of some excellent members currently serving if the membership remained at nine (9) members.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointments of the following individuals to the Lake County Comprehensive Health Care Committee:

Leesburg Regional Medical Center

Joe D. DePew, President/CEO

South Lake Hospital

P. Shannon Elswick, Administrator/CEO

Florida Hospital Waterman

Robert E. Snyder, Jr., Chief Operating Officer

LifeStream Behavioral Center

Jack H. Hargrove, Jr., President/CEO

Hospice of Lake & Sumter, Inc.

Rebecca McDonald, Chief Executive Officer

Commr. Hanson noted that there were additional appointments to be made to the Lake County Comprehensive Health Care Committee.

Commr. Gerber suggested that the Comprehensive Health Care Committee look at the issue of block granting.

APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Mr. Steve Bragg to the Board of Directors of the North Central Florida Health Planning Council, representing the category of "purchaser" for a two year term expiring September 30, 1998.



REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

Mr. Sandy Minkoff, County Attorney, presented the request for approval to apply for a grant-in-aid, in the amount of $8,990.82, with the State Courts Administrator to assist in the payment of costs associated with the provision of court reporting services in Lake County.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Grant-in-Aid Agreement for Court Reporting Services to the Fifth Judicial Circuit, Lake County.

ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented this request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the request to pay certification of costs, in the amount of $327.90, in the case of State of Florida vs. Rickey L. Johnson.

COUNTY MANAGER

Ms. Sue Whittle, County Manager, informed the Board that an orientation program for new County employees, as well as recommendations on training needs and communication with current employees, was in the process of being developed by the Orientation Team. She explained that the Orientation Team would be pursuing video production opportunities with Lake-Sumter Community College and that the first effort would be a new orientation video.

COMMISSIONER GERBER - DISTRICT NO. 1

Commr. Gerber informed the Board that representatives of the County and the Historical Society were in Tallahassee at this time to lobby for a $20,500.00 Extension Grant for the Historic Museum. She noted that she would be leaving for Tallahassee after the meeting this date.



COMMISSIONER GOOD - DISTRICT NO. 2

Commr. Good informed the Board of a vacancy on the Green Swamp Land Authority Board and stated that Mr. Ken Norquist, a businessman from South Lake County, has expressed an interest in serving on the Green Swamp Land Authority. He requested the Board's support in making a recommendation to the Governor of Florida.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to add to the agenda this date the discussion on the recommendation of Mr. Ken Norquist to serve on the Green Swamp Land Authority.

Commr. Good made a motion, which was seconded by Commr. Hanson, to approve to forward to the Governor of Florida the name of Mr. Ken Norquist to serve on the Green Swamp Land Authority.

Commr. Cadwell questioned if correspondence had been received from the Green Swamp Land Authority in regard the aforementioned vacancy; at which time, Commr. Good stated that the County has not been notified of the vacancy in writing; however, he has verified the vacancy through telephone conversations.

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

COMMISSIONER SWARTZ - DISTRICT NO, 3

ADDENDUM NO. 1

REPORTS

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the letter of support, dated October 1, 1996, to the Lake Community Action Agency for inclusion in their annual souvenir book; and authorized proper signatures on same.

Commr. Swartz encouraged the Board to attend the Lake Community Action Agency banquet on November 1, 1996 and noted that the Agency would be celebrating their 30th anniversary. He stated that he would like to serve one more year on the Lake Community Action Agency Board, and suggested that it would be advantageous to rotate the liaison appointment with all of the Commissioners. He further informed the Board that tickets were on sale to the Lake Community Action Agency Auction, Fun, Food and Game Night on October 18, 1996, at the Lake County Fairgrounds from 7:00 p.m. to 11:00 p.m.

COMMISSIONER HANSON - DISTRICT NO. 4

Commr. Hanson provided a brief update on the Mt. Plymouth/Sorrento section of the Community Development Block Grant (CDBG) and noted that the majority of the roads have been paved. She stated that she has received many positive comments from the residents in the area and expressed her appreciation to County staff.

COUNTY MANAGER (CONTINUED)

Ms. Sue Whittle, County Manager, informed the Board that the County's United Way Campaign begins on October 4, 1996, and that the Department of Public Services was the pace setter organization with a 100% increase in contributions.

At this time, various announcements were made in regard to illnesses and deaths of Lake County residents.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:30 p.m.



___________________________________

WELTON G. CADWELL, CHAIRMAN









______________________________

JAMES C. WATKINS, CLERK





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