BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 3, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, December 3, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

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

COMMISSIONERS

Commr. Cadwell noted that the first item of business would be the election of a new Chairman. He opened the floor for nominations.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Commr. Good to serve as Chairman.

Commr. Good opened the floor for nominations for Vice Chairman.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Commr. Swartz to serve as Vice Chairman.

AGENDA UPDATE

Commr. Hanson requested that the Board prepare a Resolution recognizing Mr. T. Keith Hall, Tax Collector, for his years of service to Lake County. This item would be placed under her business for Board action.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the issue of a Resolution for Mr. T. Keith Hall, Tax Collector.

Mr. Sandy Minkoff, County Attorney, noted that he had presented the Board with a draft Resolution for consideration regarding the renewal of the Line of Credit for the solid waste system. He stated that the Board could take action on it at the end of the day, because he was still waiting on word from the bank on the change from a one year to a two year renewal.

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 the Resolution renewing the Line of Credit for the solid waste system, as requested by Mr. Minkoff, County Attorney.

Ms. Sue Whittle, County Manager, noted that there was an Addendum to the Board's agenda today.

CLERK OF COURTS' CONSENT AGENDA

Commr. Swartz requested that staff look at Item 6. on the Clerk of Courts' Consent Agenda regarding Southlake Utilities and bring back, at the next meeting, any comments regarding the expansion of the water and waste water service area.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Items 1 through 14 on the Clerk's Consent Agenda, as follows:

Accounts Allowed

Acknowledged receipt of the 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.

Bonds - Contractor

Request to approve Contractor Bonds, as follows:

Cancellations

4648-96 Sickels Plumbing, Inc.

4686-95 Greater Construction Corporation

5114-97 Timothy James MacDonald d/b/a At-Your-Service

New

2004-97 Robert A. Clouse d/b/a Kiley-Clouse Plumbing I

(Plumbing)

4272-97 Dixon Electric (Electrical)

4543-97 Air Engineers/Ductbusters (HVAC)

4565-97 Timothy C. Carstens (Aluminum Installation Contractor)

5418-97 Phase III Construction (Building Contractor)

5497-97 Ronald W. Tegeler (Class C Residential)

5498-97 James W. Gengler (Air Conditioning)

5499-97 Walter Sheme d/b/a All Central Electric

5500-97 Billy Tidwell d/b/a Billy Tidwell's Aluminum

(Aluminum)

5501-98 Donald E. Elliott d/b/a Don Elliott Plumbing, Inc.

(Plumbing)

5502-97 Dan T. Bradley d/b/a Aqua Fresh Pools & Service

(Residential Pool Contractor)

5503-97 Integrated Electronic Design (Electronic Design)

5504-97 Jon H. Bowman d/b/a Dolphin Electric Inc. (Electrical)

Accounts Allowed/Courts-Judges

Request to approve and signature authorization on Satisfaction of Judgments, as follows:

a. In the Interest of Timothy Rice, A Child, Case No. 89-446-CJ, in the amount of $50.00.

b. State of Florida vs. Robin Hartley Sanders, Case No. 88-746CFA, in the amount of $250.00.

Municipalities/Ordinances

Acknowledged receipt from the City of Tavares, a notification that a notice of public hearing on Ordinance 96-32 was sent to Lake County in error.

Accounts Allowed/Reports

Acknowledged receipt of the Constitutional Officer Financial Report and Excess Fees and Unspent Transfer Fiscal Year 95-96.

Receipt to the General Fund: $75,000.00 in Excess Fees

$57,969,51 in Unspent Transfer

Utilities

Acknowledged receipt of the following: Notice is hereby given on October 21, 1996, pursuant to Section 367,045, Florida Statutes, of the application of Southlake Utilities, Inc. to amend its Certificates Nos. 533-W and 464-S for water and wastewater service to add territory in Lake County, as described. Any objection to the said application must be made in writing within thirty (30) days from this date to the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. A copy of said objection should be mailed to the applicant whose address is Southlake Utilities, Inc., 800 U.S. Highway 27, Clermont, Florida 34711, with staff reviewing the item and bringing back, at the next meeting, any comments they might have with regard to that expansion of the water and wastewater service area.

Reports/Water Authority

Acknowledged receipt of the Lake County Water Authority Annual Report of Meeting Schedule.

Municipalities/Ordinances

Acknowledged receipt of the following: City of Tavares Ordinance 96-23 amending the boundaries of the City of Tavares by including within the city limits property generally described as approximately 21 acres located on the northwest corner of the CR561 and Lane Park cutoff inter-section, passed and ordained the 4th day of September, 1996.

Accounts Allowed/County Property

Approve list of items to be deleted from Fixed Assets for the month of December, 1996, in the amount of $29,085.07.

Accounts Allowed/Courts-Judges

Acknowledged receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month ending October 31, 1996, in the amount of $151,555.28. Same period last year: $144,400.23.

Utilities

Acknowledged receipt of the Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To All Parties and All Other Interested Persons; Docket No. 950737-TP; Investigation into Temporary Local Telephone Number Portability Solution to Implement Competition in Local Exchange Telephone Markets. Notice is hereby given that a Prehearing Conference will be held on November 14, 1996, and a Public Hearing will be held on November 25, 1996 at the Betty Easley Conference Center, Tallahassee, Florida.

Utilities

Acknowledged receipt of the Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission To All Parties and All Other Interested Persons; Docket No. 961230-TP; In Re: Petition by MCI Telecommunications Corporation for Arbitration with United Telephone Company of Florida and Central Telephone Company of Florida Concerning Interconnection Rates, Terms, and Conditions, Pursuant to the Federal Telecommunications Act of 1996. Notice is hereby given that a Prehearing Conference will be held on December 12, 1996 and a Public Hearing will be held on December 18, 1996 at the Betty Easley Conference Center, Tallahassee, Florida.

Bonds/Committees/Hospital-Ambulance Districts

Acknowledged receipt of the Bond for Thomas Lee Wetherington who was elected as a member of the Board of Trustees, North Lake County Hospital District, as required by Lake County Resolution No. 1990-12.

Accounts Allowed/Budget Transfers

Approved Budget Adjustments for FY 96/97, as follows:

A. Transfers:

1. Fund: Sales Tax Capital Projects

Department: Facilities and Capital Improvements

From: Buildings $508,000

To: Several $508,000

Transfer #: 97-025

Justification: Certain renovation project costs were scheduled to be paid in FY 1995/96. However, this did not occur and the costs were rolled into FY 96/97. Funds must be transferred to cover these costs in order to complete the project.

2. Fund: General Fund

Department: Constitutional Officer/Sheriff

From: Contingency $32,357

To: Aids to Government Agencies $32,357

Transfer #: 97-026

Justification: The Sheriff is requesting reimbursement for expenses incurred in association with the Jail Work Farm.

PERSONAL APPEARANCES/EMPLOYEE AWARDS

Commr. Good presented the following individuals with plaques and/or certificates, as Ms. Lourdes Ramos, Director of Human Resources, presented information about each employee:

Presentation of Plaques to Employees with Five Years of Service

Henry Eschenberg, Maintenance Worker II, Facilities & Capital Improvements/Fairgrounds Section

D. Rene' Segraves, Chief Animal Control Officer, Fire & Emergency Services/Animal Control Division (not present)

Presentation of Plaques to Employees with Ten Years of Service

Susan L. Carroll, Design Graphic Tech, Growth Management/Planning & Development Services Division/Long Range Planning Services (not present)

Charlotte Geraghty, Secretary III, Growth Management/Code Enforcement Services Division

Douglas G. Harrison, Division Chief, Fire & Emergency Services/Fire/Rescue Division

Presentation of Plaques to Employees with Fifteen Years of Service

Deborah R. Boulware, Interim County Extension Service Director, Agricultural Education Service/Cooperative Extension Service

Carol H. Skinner, Secretary II, Agricultural Education Service/Cooperative Extension Service (not present)

"PRIDE" CERTIFICATES

Ms. Sue Whittle, County Manager, explained that PRIDE was a program established to recognize employees for the quality performance they are giving to Lake County and to let the employees know their efforts were appreciated.

Ag Center

Perry Jacobs, Horticultural Learning Center (not present)

Mike Powers, Lake Soil and Water Conservation

Community Services

Mary LaFollette - Records Management (not present)

Haig Medzarentz - Volunteer Program

Facilities & Capital Improvements

Jim Condon - Energy Management Division (not present)

Growth Management

George Hewlett - Water Quality Services Lab (not present)

William A. Jackson - Water Quality Services Lab (not present)

Richard Roof - Water Quality Services Lab (not present)

Teresa Velazquez-Colon - Water Quality Services Lab (not present)

Sheila Short - Planning/Development and Regulatory Services Division

Public Works

Mary Ann Bardon - Engineering and Special Services

Lori Nicholson - Engineering and Special Services

Purchasing

Joan Pell

LAKE COUNTY BOARDS AND COMMITTEES AWARDS

PRESENTATION OF PLAQUES

Joe Parisian for his service to Lake County as a member of the Lake County Board of Adjustments from 1990-1996 (not present)

Bruce Phillips for his service to Lake County as a member of the Lake County Code Enforcement Board from 1985-1995 (not present)

Tom Line for his service to Lake County as a member of the Lake County Industrial Development Authority from 1987-1996 (not present)

PRESENTATION OF CERTIFICATES

Lake County Agricultural Museum Study Committee

Victor Charron for service from 1995-1996

Elsie Griffin for service from 1995-1996 (not present)

Kenneth Jorgensen for service from 1995-1996

Representative Everett Kelly for service from 1995-1996 (accepted by Gail Bass)

Joe Knowles for service from 1995-1996

Tom Line for service from 1995-1996 (not present)

Robert L. Lyles, Jr. for service from 1995-1996 (not present)

Jack Nelson for service from 1995-1996 (not present)

Joe W. Shipes for service from 1995-1996

Anita Simpson for service from 1995-1996 (not present)

Joe Stephany for service from 1995-1996

Bud Ward for service from 1995-1996

Lake County Bicycle/Pedestrian Committee

John Fisher for service from 1994-1996 (not present)

Kathleen Lunsford for service from 1994-1996 (not present)

Gena Swartz for service from 1994-1996

Joseph Wiebush for service from 1994-1996 (not present)

Lake County Board of Adjustments

Gayle Mastak for service from 1993-1996 (not present)

Lake County Citizens Commission for Children

Sandra Green for service from 1994-1996 (not present)

Lake County Cultural Affairs Council

Marvin Brody for service from 1995-1996

Janet Valerius King for service from 1995-1996

George Kuhn for service from 1995-1996

Helen Mayek for service from 1995-1996 (not present)

Ruth Vaughn Stokes for service from 1995-1996 (not present)

Lake County Library Board

Cathie Carrier Bakich for service from 1993-1996 (not present)

Lake County Planning and Zoning Commission

Dale Ladd for service from 1992-1996 (not present)

Lake County Sesquicentennial Coordinating Committee

Sanna Henderson for service from 1995-1996 (not present)

Lewis Lushear for service from 1995-1996 (not present)

Sharon Myers for service from 1995-1996 (not present)

Tony Otte for service from 1995-1996

Kay Holland Perkis for service from 1995-1996

Barbara Rees for service from 1995-1996 (not present)

Lake County County-wide Solid Waste Study Committee

John Burris for service from 1995-1996

Charles Fedunak for service from 1995-1996

Robert Grantham for service from 1995-1996 (not present)

Chuck Langley for service from 1995-1996

Matt Newby for service from 1995-1996 (not present)

Tom Rosser for service from 1995-1996 (not present)

Rachel Smith for service from 1995-1996

Lake County Tourist Development Council

Sanna Henderson for service from 1993-1996 (not present)

Kenneth Jones for service from 1994-1996 (not present)

COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, requested that Tab 3 be withdrawn from the Consent Agenda, so that it could be discussed with Tab 25 during the workshop session regarding the renovation of the existing morgue.

Commr. Swartz made a motion, which was seconded by Commr. Cadwell, to approve Tabs 4-24, and Item II. A. on Addendum No. 1, with Tab 3 being withdrawn for discussion.

Under discussion, Commr. Swartz noted that there were several members from the Citizens' Commission for Children present today.

Ms. Hillary Knepper, Childrens' Services Coordinator, addressed the Board and stated that she, as well as Mr. David Dawkins, were contact persons for Big Brothers/Big Sisters. She introduced several members of the Steering Committee and noted that the requests before the Board involved a Challenge Grant, which would provide matching dollars, up to a certain amount, for monies raised.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote, to approve the following requests:

Community Services/Committees/Resolutions

Approval and execution of Resolution 1996-180 amending the Lake County Housing Assistance Plan for State Fiscal Years 1995-96 and 1996-97 as approved by the Lake County Affordable Housing Advisory Committee.

Accounts Allowed/Community Services/Committees

Approval of Citizens' Commission for Children's request to withdraw $10,000 funding previously approved for the Foster Care Review Committee Project.

Accounts Allowed/Community Services/Committees/Grants

Approval of Citizens' Commission for Children's request to reduce grant funding to the TREK program to $4,000 from the previously approved $20,000.

Accounts Allowed/Community Services/Committees/Grants

Approval of Citizens' Commission for Children's request to award the withdrawn $10,000 from the Foster Care Review Committee Project and the remaining $16,000 from the TREK Program to Big Brothers/Big Sisters to be used as a Challenge grant.

Accounts Allowed/Community Services

Approval of payment of monthly Medicaid Hospital bill in the amount of $34,282.28, and the Medicaid Nursing Home bill in the amount of $33,300.50 for the month of September, 1996.

Fairgrounds/Facilities and Capital Improvements

Approval of Lake County Fair's request for free facility usage for 4-H and FFA students on December 5, 1996 and January 3, 1997 for mandatory registration meetings and livestock weigh-in.

County Employees/Human Resources

Approval of Certificates for employees with one and three years of service.

County Employees/Human Resources

Approval of corrected job classifications as evaluated by David M. Griffith & Associates, Ltd., as follows:

Public Hearing Coordinator From 0013 To 0012

Systems Analyst From 0020 To 0021

Waste Management Facilities From 0032 To 0035

Director

County Employees/Human Resources

Approval of reclassification/upgrade of Field Office Technician to Accounting Technician I in the Department of Public Works, Special Services Division, Director's Office/Support Services and the reclassification/lateral and transfer of Sign Fabricator I in the Department of Public Works, Roads Division, Signs, Signals & Striping to Secretary II in the Department of Public Works, Special Services Division, Director's Office/Support Services.

County Employees/Human Resources

Approval of reclassification/upgrade of Secretary III, Pay Grade 0010 to Accounting Technician I, Pay Grade 0011, in the Department of Fire and Emergency Services, Fire/Rescue Division.

County Employees/Human Resources

Approval of reclassification/upgrade of Office Manager, Board of County Commissioners, Pay Grade 0019, to Director of Continuous Quality Improvement, BCC Administrative Support, Pay Grade 0027, effective October 1, 1996.

Accounts Allowed/Insurance

Approval of renewal of the long term disability, group life, and A.D.&D. insurance policies at a cost of $74,560, subject to County Attorney's review and approval.

Accounts Allowed/Bids/Assessments/Road Projects/Subdivisions

Approval to advertise for bids for SA-90, Freeman Drive and Louise Road in the Lee Acres Subdivision at an estimated cost of $161,585 CTT Funds - Commissioner District 5.

Accounts Allowed/Bids/Assessments/Road Projects

Approval to advertise for bids for SA-89, Red Head Road, Blue Wing Road and Green Wing Road in Ocala Forest Campsites #3 at an estimated cost of $117,650 CTT Funds - Commissioner District 4.

Accounts Allowed/Assessments

Approval to waive entire assessment for Special Assessment 657001, Pamela M. Toffey ($1,247.93 CTT Funds).

Resolutions/Roads-County & State/Signs

Approval and execution of Resolution 1996-181 to post "No Parking on Right-of-Way" signs on both sides of C.R. 44 from 150 feet east of Dura-Stress's main entrance to a point opposite the entrance to Mid-Florida Lakes (approximately 1,900 feet).

Resolutions/Roads-County & State/Signs

Approval and execution of Resolution 1996-182 to post "No Parking Here to Corner" signs on all four legs of the intersection of Church St. (5-7265) and Mills St. (5-7264) at points 200 feet from the intersection.

Resolutions/Roads-County & State/Signs

Approval and execution of Resolution 1996-183 to post a "Yield" sign on Skinner Av. (1-4733) at its intersection with Pringle Av. (1-4733A) in the Leesburg area.

Deeds/Roads-County & State

Acceptance of the following deeds:

Statutory Warranty Deeds:

Desmond E. Byrne and Easter P. Byrne

E. Eldorado Lk. Dr. (4-6480)

Mario R. Aleman and Lisa C. Aleman

E. Dewey Robbins 2/3-2729

Non-Exclusive Easement Deeds:

David A. Bateman and Traci L. Rivers

Robbins Road

Vito A. Troiano and Kathryn P. Troiano

Robbins Road

Terry E. and Joan M. Gray

Robbins Road

Roy G. and Mary L. Carlson

Robbins Road

Mark J. and Karol L. Kidd

Robbins Road

William H. Henderson

Robbins Road

Jeffrey A. Reynolds

Robbins Road

Conservation Easement Deed:

Yeager Development Company

Lake Clair Place Subdivision

Drainage Easement Deed:

Peregrine Properties, Inc.

Merry Rd. North Extension

Accounts Allowed/Purchasing

Approval to seek bids, proposals and professional services; approval to waive bid requirements, accept quotes and issue purchase orders; approval to award bids and proposals, and issue purchase orders and/or contracts; approval to issue purchase orders for services or commodities from annual bids, State contracts, G.S.A. or cooperative bids; approval to waive bid requirements and issue purchase orders for services or commodities that are not bid or quoted, or if they are OEM repairs; and approval and execution of contracts, agreements, amendments, and encumbrance of funds, as follows:

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

DIVISION AMOUNT

Facilities and Capital Improvements $105,374.00

Atec and Associates, Inc./Request approval for the Office of Purchasing to execute a change order to Contract P-568 for asbestos and lead paint services, abatement and air monitoring of the first floor in the County Administration Building. Current purchase order amount $102,036.50, additional charges $3,337.50, for a total of $105,374.00. Funding available from account #301.0857120.5138300310.

Building Division $4,000.00

Code Compliance Division

Perconti Data Systems, Inc./Approval and execution of a contract for maintenance and support of the software system for building permits, building inspections and code compliance. Funds are available from accounts #001.1048110.524.8300340 and #001.1047110.524.8300340.

Contracts, Leases & Agreements/Solid Waste

Approve and execution of renewal of five Solid Waste Limited Service Permit Agreements.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to voice questions, comments or concerns to the Board.

WORKSHOP

RENOVATION OF EXISTING MORGUE

Mr. Mike Anderson, Director of Facilities and Capital Improvements, addressed the Board to discuss the renovation of the existing morgue. Mr. Anderson stated that, for three years, staff had considered what it would take to fix the air conditioner at the morgue, but unfortunately, it could not be replaced with a similar type unit, because of the new stringent codes. After consulting with Dr. William Shutze, Medical Examiner, it was obvious that the size of the morgue was grossly undersized for the amount of work at the facility. Mr. Anderson stated that letters of interest were sent to the counties about the possibility of replacing the morgue. He noted that Marion County had expressed and interest in participating with Lake County in developing a new morgue, and they volunteered a site and offered to provide in-kind services on the design. After some consideration, staff felt it would be more cost effective to renovate the existing morgue at its current location, because utilization of the entire building would provide the adequate size necessary to accommodate the medical examiner's services through the next ten years or more. He stated that Marion County would provide the architectural and design services for the morgue, and they had also offered to provide the mechanical installation. The estimated cost to replace the morgue would be in the excess of one million dollars, and the renovation would be approximately $600,000. Mr. Anderson stated that some participation was expected from Sumter County.

Commr. Cadwell explained that he, as well as Mr. Anderson, had met with both counties, and Marion and Lake Counties were the largest users of the facility. He noted that the morgue was centrally located for the users. Commr. Cadwell felt it would be beneficial for Lake County to keep the morgue in Lake County, and that the renovation would be the most cost effective method.

Commr. Swartz discussed the memorandum from Ms. Allison Thall, Human Services Manager, which explained the two options, and stated that the revenue generated was approximately $125,000 a year. He questioned whether this was something staff could be asked to review, from a cash flow standpoint, to determine which would be the better alternative, and to come back with a recommendation.

Ms. Sue Whittle, County Manager, stated that an analysis was needed on this item, and staff wanted the Board to be aware of the two options that were available. She noted that staff would come back with a recommendation, but staff wanted action to move forward with the plan, but not for the funding.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to expend approximately $650,000, and to utilize the in-kind services of Marion and Sumter Counties for the purpose of renovating the existing morgue.

COMMITTEES/HEALTH DEPARTMENT/MEETINGS

Ms. Sue Whittle, County Manager, addressed Tab 3, which had been pulled for discussion, and stated that staff and Dr. John Pelosie had been considering, for the past year, some options on the health departments' needs for the future. Ms. Whittle stated that staff was recommending that the Comprehensive Health Care Committee do a locational study and needs delivery over the next four to six months and bring back a report to the Board with some recommendations.

Dr. John Pelosie, Director of the Lake County Public Health Unit (CPHU), appeared to discuss the recommendation before the Board. He stated that the status of the budget, in relation to previous years, had not kept pace with the development in Lake County, nor the demand from the State. Dr. Pelosie noted that this was reflected in the Trust Fund. He stated that there was an immediate need for additional space for staff, and to provide services to the community. He further stated that five of the six buildings have been purchased and constructed by the Health Department, but unfortunately the State and County have found the need to cut their budget. In 1991, the CPHU received a $150,000 budget cut from the County, and they have not reached that level of cut. Dr. Pelosie stated that the demands for services were increasing, and the CPHU did not handle only indigent health care, but touched everyone in the community. He explained that they would be taking on additional responsibilities in personnel and general services, which could require additional staff and storage, due to changes in programs. Dr. Pelosie had recommended, through the County, that various options be considered, including remaining geographically located, but under the current conditions, and their inabilities to assist in the funding of expansion, or new facilities, he was recommending having two facilities, one in the northern sector and one in the southern sector of the County. He asked that, if any of the current buildings were sold, the money be put back into the Health Department to build new facilities. Dr. Pelosie explained that some of the earlier buildings were constructed through the Hill-Burton Act, and later the monies were earned through the fees and clinical care.

Commr. Swartz noted that there was a proposed Resolution before the Board that was requesting that the Comprehensive Health Care Committee look into the issue being discussed, and he questioned whether this was going to meet the deadline requirements imposed by the City of Clermont, in relation to the CUP issued for the modular unit being used by Women, Infants & Children (WIC), which is a program under the CPHU, and secondly, whether or not Dr. Pelosie felt that this was a good approach to take in getting a comprehensive review of where the County needed to be going.

Dr. Pelosie stated that Clermont was of immediate importance, and he did not see the CPHU moving out of Clermont, because it was the fastest growing area in the County, with the highest density.

It was noted that Dr. Pelosie had applied for a Legislative budget request for funding of a new building, and his request was endorsed by the Board in its Legislative packet.

Ms. Sue Whittle, County Manager, explained that another issue that would need to be considered was the new Florida Department of Health, and its plan of operation was not due until January.

Mr. Tom Wetherington, current Chairman of the Comprehensive Health Care Committee, addressed the Board and stated that this Committee has the talent and the personnel to develop a list of all of the needs of Lake County, in terms of health care services, but whether those needs become a reality would be up to the County Commissioners.

Commr. Gerber stated that there was nothing in the Resolution that addressed, as part of the Committee's responsibility, the evaluation of services rendered by surrounding counties.

Commr. Hanson stated that, as liaison of the Committee, she felt it was a challenge that could be accepted, and the Committee could move forward with a, b, and c on Page 2 of the Resolution, in regard to the Study Committee Membership, but the Board needed to also appoint two consumers of public health services from the community, which might take some time. She stated that this needed to be coordinated with the time frame involved with the entire process.

Commr. Cadwell stated that he supported the proposed Resolution, but he wanted the Board to remember that the Committee would have to be a buffer between hard decisions, and sooner or later, the Board was going to have to decide what would be best for the County.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 1996-185 requesting the Comprehensive Health Care Committee to conduct a geographic location study and health care delivery strategy for the County Public Health Unit.

Commr. Hanson noted that the Health Care Committee had scheduled a seminar on HMOs, which would be held December 13, 1996, in the Board Meeting Room.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNICATIONS/CONTRACTS, LEASES & AGREEMENTS

Mr. Bruce Thorburn, Communications System Director, addressed the Board to discuss the request for approval of the negotiated points for renewal of the Lake County/Lake County Cablevision cable television franchise. Mr. Thorburn stated that Mr. Philip Yapkowitz, General Manager, Lake County Cablevision, was present for the discussion. He noted the issues that were successfully negotiated with Lake County Cablevision, which included the $50,000 gift structured as a contribution to Lake Sumter Community College that would be used exclusively toward the advancement of the College Television station, and a four year period to upgrade its systems. Mr. Thorburn explained that all franchise agreements with other cable franchise holders would be negotiated on an individual basis.

Mr. Yapkowitz addressed the Board and clarified that the current franchise, which expired in April, 1996, had been in existence for fifteen years and had only one access channel. This particular channel was given to Lake Sumter Community College, and the new franchise originally started with Public Educational and Government (PEG) access channels.

Mr. Thorburn explained that the nine cities and County have signed interlocal agreements, which designate the County as the negotiating entity. If the Board agreed with the negotiated issues today, a franchise document would be brought back to the Board for approval.

Mr. Yapkowitz explained, in much detail, how the system upgrade proposed in the new franchise would be two-way capable, but would not be activated as a two-way communication system. He further explained that the rebuild should take approximately four years, and after the rebuild was finished within the time lines, the franchise would get its first four year extension.

Discussion occurred regarding the franchise agreement term of seven years, with automatic renewal to 11 and 15 years, and it being predicated upon service and operation compliance. Mr. Thorburn explained that the Committee had proposed 7-4-4, but he would recommend five years for the rebuild. The City of Eustis had suggested the renewal period be every two years.

Commr. Swartz questioned whether there was a problem granting three PEG channels as part of the franchise, even though one or two may be used in the beginning.

Commr. Gerber questioned whether it would be difficult to add another public access channel at a renewal period.

Mr. Minkoff stated that the Board had described a five year renewal, with an understanding that, towards the end of the renewal period, the County would renegotiate again, but there would be no obligation for the channels.

Commr. Swartz stated that, by having a fifteen year agreement, with the automatic renewals throughout the agreement, he was not certain the County could address today what the technology was going to be, or what the requirements were going to be fifteen years from now. Commr. Swartz agreed with the suggestion made by Commr. Gerber that, if the County was not going to go to three channels right away, the County would have the ability to address that at the renewal period.

Mr. Yapkowitz discussed the competition that the cable industry was experiencing with direct television and satellite dishes and stated that the competition would dictate what the County wanted in future cable service. He stated that the first renewal needed to be triggered on rebuild completion.

Commr. Cadwell stated that, if the County tied the renewal into the construction and when the need was there, the County could then renegotiate the third channel.

There was a consensus among the members that the initial renewal would be tied into the completion, which would be five years. From that point on, the renewal would be six years.

Mr. Yapkowitz explained that the typical design would be a 15 year franchise. He stated that the original request was 12 years, and if the Board wanted to shut the franchise off, he would appreciate the Board making it five years contingent on the rebuild and seven years out.

Mr. Thorburn questioned whether the Board was going to add wording for the continuance, if necessary, to add a third government educational access channel.

The Board noted the franchise renewal issues, as discussed, as well as those items in the backup material, which had no changes, to be approved by the Board.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board authorized staff to draft an agreement, which is consistent with the principles and issues discussed today, principally the five year initial term that is tied to the rebuild, with a seven year essentially automatic renewal available, if they are meeting those requirements and provisions that provide for an additional public education and government channel, at least for consideration, if the need is there, at the renewal period, or earlier.

COMMUNICATIONS/ORDINANCES

Mr. Bruce Thorburn, Communications System Director, explained the request to advertise an Ordinance amending Lake County Code Section 13, Article IX, Telecommunications Systems Permit Regulations, to meet requirements of new federal and state regulations.

Commr. Gerber made a motion, which was seconded by Commr. Hanson, to approve the request, as stated.

Under discussion, Commr. Cadwell stated that, at the Florida Association of County Commissioners (FACC) meeting, several counties extended their appreciation to Mr. Thorburn for sharing his expertise with them.

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

BIDS/COUNTY BUILDINGS/HEALTH DEPARTMENT

Mr. Mike Anderson, Senior Director, informed the Board that the Health Administration Building in Tavares, as well as the Health Clinics in Leesburg, Tavares and Umatilla, did not meet the minimum standards and requirements of Air Quality for clinics, and he was requesting approval to advertise and seek bids for the retrofit of HVAC systems for these buildings.

Commr. Swartz noted that the request should be only to advertise and seek bids, which would then come back to the Board for approval, awarding and encumbering of funds.

Dr. John Pelosie, Director for the Health Clinics, presented an explanation of the isolated examination rooms, which were being used by those with contagious diseases.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved to advertise and seek bids for the retrofit of HVAC systems for Health Clinics and Health Administration Buildings.

COMMITTEES/GROWTH MANAGEMENT/RESOLUTIONS

Mr. Paul Bergmann, Director of Planning and Development Services, addressed the Board and stated that the request for a Resolution establishing an Executive Advisory Committee was a followup to a meeting on the subject a month ago. He stated that originally staff had proposed 13 members, but today it was proposing 15 members. It was noted that the Resolution was written with the Commissioner being a voting member. Mr. Bergmann explained the process being proposed to establish the Evaluation and Appraisal Report (EAR) Executive Advisory Committee.

Discussion occurred regarding the Executive Advisory Committee being proposed by staff, with it being determined that much clarification was needed as to membership and appointments to the Committee, and the process for reviewing the Elements in the Comprehensive Plan.

After much discussion, Commr. Swartz suggested that the issue be tabled until the Board's Retreat on December 10, 1996, and for the Board to get from staff some concept of which elements were anticipated as having specific committees, which ones were not anticipated as having a separate committee, the plan to have an existing board or committee look at it, and how does that group flow to the executive element.

Commr. Hanson requested that staff look at j. under Membership, because she felt that, rather than a resident representing commerce interests, it should be the person representing the Industrial Development Authority (IDA), or the County's representative on the Economic Development Council (EDC). Commr. Gerber made a motion, which was seconded by Commr. Swartz, to move the issue of establishing an Executive Advisory Committee to the Board Retreat on December 10, 1996.

Under discussion, Commr. Swartz stated that the motion should be made with the understanding that staff would do some ground work on where they think committees are specifically needed to look at elements.

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

DEEDS/RIGHTS-OF-WAY, ROADS & EASEMENTS

Mr. Don Griffey, Engineering Director, addressed the Board to discuss the request for Board acceptance of a Non-Exclusive Easement Deed for a portion of Cypress Drive from Gary R. Johnson and Mary Witt Johnson. Mr. Griffey stated that this was a non-County maintained paved road in south Lake County. He further stated that the request was initiated, because of a setback problem, and Mr. Bill Ray was representing the property owners. A portion of Cypress Drive actually encroaches on the Johnson's property, and the dedication of the easement to the public would put the pavement in a public easement. Mr. Griffey reviewed a survey that had been provided by the Johnsons.

Mr. Sandy Minkoff, County Attorney, stated that the item was on the agenda, because it changes the setbacks for the house. He stated that it would help the County get right-of-way even though the County did not maintain the road right now, but it may in the future.

Mr. William A. Ray addressed the Board and stated that the issue pertained to a subdivision that was developed in the early 1960s, and it was a dredged area on Lake Minnehaha. He noted that, across the road there was a series of boathouses on a canal front that have access to the lake.

Mr. Minkoff clarified that, by moving the road, the setbacks were being changed at the rear of the house, and by granting the additional right-of-way, it would be helping the property owner with a lesser setback in the rear, which would allow him to place an addition on the back of the house.

Ms. Sharon Farrell, Senior Director, Department of Growth Management, stated that the rear setback would be 20 feet.

Mr. Ray stated that the approval of the request would not affect anyone else in the area, and the property owner would have a greater setback from the lake than the adjacent property owners.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the acceptance of a Non-Exclusive Easement Deed, for a portion of Cypress Drive, from Gary R. Johnson and Mary Witt Johnson.

OTHER BUSINESS

BONDS/COMMISSIONERS/SHERIFF/PROPERTY APPRAISER

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the Public Official Bonds for Sheriff George E. Knupp, Jr., and Commissioners Rhonda H. Gerber, G. Richard Swartz, Jr., and Welton G. Cadwell, Jr. (Tab 31), and the Public Official Bond for Property Appraiser, Ed Havill (Addendum No. 1, IV.).

MINUTES

Discussion occurred regarding the Minutes of September 24, 1996, Regular Meeting, with the following changes being made:

Page 41, Line 9 - Add: 1990

Line 24 - Add: chicken farms, dairy farms and sand mines

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 24, 1996, Regular Meeting, as corrected.

Discussion occurred regarding the Minutes of October 15, 1996, Regular Meeting, with the following changes being made:

Page 33, Lines 23-24 - Delete: is working

Add: should possibly be working

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 15, 1996, Regular Meeting, as corrected.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 22, 1996, Regular Meeting, as presented.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 23, 1996 (State of the County Address), as presented.

Discussion occurred regarding the Minutes of November 5, 1996, with the following changes being made:

Page 20, Lines 22-23 - Change to read: Commr. Hanson was counting on staff not losing site of the Economic Summit and having it involved in the visioning process.

Page 21, Line 17 - Delete: tax abatement

Add: incentives

Page 10 - 11 - Correct spelling: Szunyog

Page 21, Line 7 - Delete: Chief Deputy Clerk

Add: Deputy County Manager

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of November 5, 1996, Regular Meeting, as corrected.

ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS

WORKSHOP - LAND DEVELOPMENT REGULATIONS

Ms. Sharon Farrell, Senior Director, Growth Management, Mr. Paul Bergmann, Director, Planning and Development, and Mr. Jeff Richardson, Planner II, Planning and Development, were present to discuss the potential change to the Lake County Land Development Regulations, amending the RM (Residential Mobile Home) zoning district to allow for the construction of conventional homes.

Mr. Richardson explained, in detail, the following proposals, as presented in the backup material:

1. Amend the zoning matrix table to reflect single family residences as permitted.

2. Amend the zoning matrix table to reflect single family residences as permitted when meeting certain criteria.

3. Amend the zoning matrix table to remove the R-7 and RM zoning categories and replace with a Mixed Residential Use zoning category allowing both uses.

4. Amend the zoning matrix table to remove the R-7 and RM zoning categories and replace with a Mixed Residential Use zoning category allowing both uses, provided certain criteria are met.

Commr. Hanson noted that the driving force behind the question was the Deer Haven Subdivision located in the northeast corner of the County. She stated that there have been several people who have come forward to be able to put a conventional home in RM zoning. She did not have a problem allowing the conventional home, if it was already RM zoning, but she did have a problem going the other way.

Commr. Gerber stated that she liked the proposed criteria in c, d, and e under 2, as noted above.

Commr. Hanson noted that one of the arguments that had come forward was the fear that, if a conventional home was allowed in RM zoning, it would increase the value of property.

Ms. Farrell stated that there was an administrative variance in 1971, which provided for a special exception for the construction of a single family residence in R-3, which was mobile home park subdivision, and there was no real criteria established.

She stated that there were several site built homes in Deer Haven. Ms. Farrell stated that this issue came up again in 1992 in a rezoning for the Deer Haven Subdivision, and at that time, the County Attorney's Office was going to issue an opinion, but the opinion never came forward. She noted that there were several other applicants who were holding onto their applications to see what the results would be today, and also in light of any changes to the way conditional use permits were being handled.

COMMISSIONERS

At 11:45 a.m., Commr. Gerber left the meeting, due to other commitments.

WORKSHOP - LAND DEVELOPMENT REGULATIONS (CONTINUED)

Commr. Hanson questioned whether it would be possible for staff to consider and move forward with 2. b. to determine the percentage of site built homes and mobile homes in Deer Haven.

Ms. Farrell stated that staff was hoping to get enough feedback today from the Board, in order to draft the necessary change and bring it back to the Board.

Mr. Sandy Minkoff, County Attorney, clarified that all of the proposals would require two public hearings, one after 5 p.m., because they were changing uses allowed in a zoning district.

Commr. Swartz was concerned about trying to find a way that would preserve the intent of the people that live in some of the subdivisions that have both mobile and site built homes. He stated that perhaps it would be a better approach to let that community (Deer Haven) rezone the whole thing. Commr. Swartz stated that he did not like 2. a., which would require signed letters from all of the property owners within 300 feet. If the Board thought that there might be other areas with the same problem, it might want to approach the homeowners in a number of those subdivisions, if not all of them, and have the opportunity to allow them, if they wanted to, to be rezoned through a County initiative.

Mr. Ernest Swindle, Vice President of Deer Haven Association, addressed the Board and stated that the residents have been working with Commr. Hanson on upgrading the community. He stated that the community has been mixed with mobile home and conventional residences, and more and more people were coming in to build. Mr. Swindle stated that the people in Deer Haven would appreciate the Board going forth with the proposal. Mr. Swindle felt that it would be up to each individual park, or community, to make the same request that Deer Haven has made. He noted that there were three two story dwellings in the community.

Commr. Cadwell explained that all communities did not have an organized group to come forward with such a request, so he felt that the County should at least approach those that did have an organized group, and then the County could address the others as they came forward.

Discussion occurred regarding moving forward with Deer Haven, and whether there would be a cost for a County initiated zoning.

Mr. Minkoff stated that the County would not have to get individual signatures, if it was a County initiated rezoning. The Florida Statute provides the notice, and it depends on the area, and chances were, in a subdivision by subdivision area, individual notifications would not have to be done. The advertisement would be a normal advertisement and normal posting of signs.

Commr. Swartz stated that it could end up being a significant expense, if the County started doing these piece meal.

Mr. Swindle stated that the residents in Deer Haven have always believed that there could have mobile homes and conventional homes in the subdivision.

Commr. Hanson stated that her feeling was, because there were already conventional homes there, all the County was trying to do was clean up some language, and there should probably not be a charge in this case, since it was a County initiated zoning change.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, for the County would move forward on a County initiated rezoning in Deer Haven, to allow mobile or conventionally site built homes, as expeditiouslly as possible, and to contact the communities that can be contacted and offer the same thing.

Under discussion, Commr. Swartz stated that he did not feel comfortable with any administrative procedures, even if there ended up being administrative procedures as a result of a public hearing, unless a community decided it wanted the ability to have mixed housing.

The Chairman called for a vote on the motion, which was carried by a 4-0 vote. Commr. Gerber was not present for the discussion or vote.

REPORTS - COUNTY ATTORNEY

RESOLUTIONS/SOLID WASTE

Mr. Sandy Minkoff, County Attorney, informed the Board that he had presented a proposed Resolution, which would authorize the extension of the Line of Credit in the solid waste program with SunTrust Bank. The Resolution and the draft of the amendment were currently written with a one year renewal, as the Board directed. Ms. Barbara Lehman, Finance Director, had contacted SunTrust Bank and requested a two year renewal, but staff had not received a response from them. He requested that the Board approve the Resolution allowing the one or two years, depending on the Bank's response.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried by a 4-0 vote, the Board approved Resolution 1996-186 authorizing the extension of the Line of Credit in the solid waste program with SunTrust Bank, with inclusion of the language setforth by the County Attorney.