A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 18, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, February 18, 1997, 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; Welton G. Cadwell, Catherine C. Hanson; Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; Barbara H. Lehman, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, noted that Addendum No. 1 had been added to the Agenda this date. She further request that recognition of County employees be added to the Agenda under Personal Appearances.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of January 7, 1997 (Regular Meeting), as presented.

Regarding the Minutes of January 23, 1997 (Special-Advance Meeting), discussion occurred in regard to the renovation of Prelude; and Commr. Hanson requested that clarification be made to her comments on Page 6, Line 23.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to postpone the Minutes of January 23, 1997 (Special Meeting-Advance) until March 4, 1997.

CLERK OF COURTS' CONSENT AGENDA

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

Accounts Allowed



Request for approval of Budget Transfers for FY 1996/97 from the Office of County Finance, as follows:



A. Transfers:



1. Fund: General

Department: Facilities & Capital Improvements

From: Contingency $1,785

To: Repair and Maintenance $1,785

Transfer #: 97-085



Justification: Sheriff's Office has requested that the Jail Maintenance Division repair a walk-in cooler that was purchased at Starke for the Inmate work farm.



2. Fund: Sales Tax Capital Projects

Department: Facilities & Capital Improvements

From: Buildings $51,500

To: Professional Services $51,500

Transfer #: 97-086



Justification: Funds need to be transferred into the proper cost center in order to process payment application requests.

Accounts Allowed/Courts-Judges



Request for approval of Satisfactions of Judgment and authorized proper signature on same, as follows:



Lamar Preston Elton, Case No. 90-137CFA, in the amount of $250.00.



Lamar Preston Elton, Case No. 88-318CFA, in the amount of $250.00.



Lamar Preston Elton, Case No. 89-1759CFA, in the amount of $250.00.



Bonds-Contractor



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

New



5521-97 Lawrence Hunter Davenport



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.



Utilities/State Agencies



Acknowledge receipt of Notice before the Florida Public Service Commission, In Re: Application for transfer of Certificates Nos. 454-W and 388-S in Lake County from Water Oak Utilities Company, Inc. to Sun Communities Finance Limited Partnership, Docket No. 960040-WS, Order No. PSC-97-0034-FOF-WS.





PERSONAL APPEARANCES

EMPLOYEE RECOGNITION

Commr. Good presented Certificates of Appreciation and polo shirts to County employees; and Certificates of Appreciation to merchants who participated in the Lake Dora Fish Kill Cleanup Effort, as follows:

ABOVE AND BEYOND THE CALL OF DUTY AWARD

Burgess Back

Jim Bridgewater

Debbie Butterworth

Len Connell

Randy Dean

Andrew Duncan

Jim Ellison

Ed Kern

Steve Lee

Jim Liles

Jay Lynch

Brian Maginn

Rick Magnus

Paul Murrey

Randy Powers

Bob Rawson

Bob Rinehart

John Rutherford

Leeland Shelton, Jr.

Buddy Steverson

Dennis Warren



MERCHANT CERTIFICATES



Allan Tedder, Allan's Bait and Tackle

Raymond Hottinger, R.P. Hottinger Constr.

Jim Teltz, Hardee's of Tavares

Roger Frank, Checker's of Tavares

John Davis, Ben's Village Bread Shop



LAKE COUNTY WATER AUTHORITY



J. N. Clark

Mark Snell



COUNTY MANAGER



Ms. Lora Bailey, Engineer III, Public Services, presented a Certificate of Appreciation to Ms. Sue B. Whittle, County Manager, for her concern for County employees as recently demonstrated by her sincere interest in the conditions associated with the Lake Dora Fish Kill Cleanup Effort.



RESOLUTIONS

Commr. Good presented Proclamation No. 1997-31 declaring February 16-22, 1997 as National Engineer's Week in Lake County to Mr. Jim Stivender, Jr., Senior Director, Department of Public Works; Ms. Lora Bailey, Engineer III, Department of Public Works; Ms. Maryann Bardon, Transportation Engineer, Department of Public Works; and Mr. Fred Schneider, Engineer IIII, Projects, Department of Public Works.

Ms. Lora Bailey informed the Board that Lake County Engineers would be visiting Lake County middle schools and addressing eighth graders about engineering and mass science technology in their curriculum. At this time, she recognized those participating in the project, as follows: Denver Stutler, Camp, Dresser & McGee; David Springstedt, Springstedt Engineering; James Baysinger, Springstedt Engineering; Jeff Gower, Springstedt Engineering; Mike Springstedt, Springstedt Engineering; Ted Strause, Springstedt Engineering; Dwane Booth, Farner, Barley & Associates; and Ken Stuart, Matt Kalus, Fred Schneider, Don Griffey, Chris Walsh, Jim Stivender, Jr., Maryann Bardon and herself, representing Lake County Public Services.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Proclamation No. 1997-31 declaring February 16-22, 1997 as National Engineer's Week in Lake County.

COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, requested that Tab 6, a request for approval and execution of an amended and restated Agreement between The Oklawaha Basin Recreation and Water Conservation and Control Authority, Lake County, and The Lake Soccer League, Inc., be pulled for discussion; and that Tab 8, a request for acceptance and execution of Agreement between the Board of County Commissioners and Robert Hopkins for a Temporary Non-Conforming Zoning Use to place a motor home on property located at 4 Orange Blossom Trail, Springs Bath & Yacht Club, Yalaha, while the conventional home is being built, be pulled from the agenda.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests, with the exception of Tab 6 and Tab 8:

Accounts Allowed



Request for approval of monthly Medicaid Hospital bill, in the amount of $12,985.77; and the Medicaid Nursing Home bill, in the amount of $36,909.15, for the month of December, 1996.



Reports



Request for approval of acknowledgement of receipt of the County Public Health Unit (CPHU) Activities and Expenditure Report for the period ending September 30, 1996.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval and execution of Change Order to Odell Associates, Inc. for the professional services of Guglielmo & Associates, Inc. related to the Museum Program Development at an estimated cost of $20,500.00.





Contracts, Leases & Agreements/Fire Protection



Request for approval of an agreement with the United States Department of Interior, Geological Survey (USGS) for the placement of a surficial-aquifer observation well at the Lake Mack Fire Station.



Bonds - Mobile Home



Request for approval of cancellation of the following Mobile Home Bonds:



MB 02-94-04 Peter Buwalda

MB 7-90-27 Harold Wilson, Jr.

MB 1-91-2 Max Sonntag

MB 2-92-1 David Van Bibber

MB 2-93-2 D. Van Hoose

MB 2-93-3 Charles Padgett

MB 7-93-6 Kenneth Carnes

MB 9-93-7 Alice P. Myers

MB 6-94-2 Michael Spence

MB 7-94-4 Heather Brush

MB 14-94-2 Steve Collins

MB 01-95-2 Glenn Callin



Accounts Allowed/Road Projects/Roads-County & State



Request for approval and execution of Change Order No. 1 to Pitt Street and East Jacks Lake Road Project No. 5-96 for additional work to correct a grading error in the amount of $4,990.00 from the Road Impact Fee Fund, Benefit District 5 - Commissioner District 2.





Subdivisions



Request for acceptance of Final Plat for The Plantation at Leesburg Golfview Village (Pod "AA").



Subdivisions/Rights-of-Way, Roads & Easements



Request for acceptance of Final Plat for The Plantation at Leesburg River Crest Unit 2 (Pod "H"); and acceptance of a Conservation Easement from The Plantation at Leesburg Limited Partnership.



Accounts Allowed/Contracts, Leases & Agreements/Subdivisions



Request for authorization to accept final plat for Westchester Phase 3; execute a Developer's Agreement between Lake County and Titan U.S. 27, Inc. for maintenance of improvements; accept an irrevocable letter of credit for maintenance in the amount of $8,299.15; and execute Resolution No. 1997-34 accepting Westminster Trail "Part" (C.R. # 2-0159F), and Chichester Court (C.R. # 2-0159H).



Bids/Road Projects/Roads-County & State



Request for approval to advertise for bids for C.R. 50/U.S. 27 Intersection Improvement Project in conjunction with the C.R.-50/Washington Street Intersection Improvement Project No. 10-96 at a combined total estimated cost of $134,890.00 from the Road Impact Fee Fund, Benefit District 5 - Commissioner District 2.



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



Request for approval to advertise for bids for U.S. 27/441 and C.R. 25 Connector Project No. 6-97 at an estimated cost of $170,000.00 from the Road Impact Fee Fund, Benefit District 3 - Commissioner District 1.



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



Request for approval to advertise for bids for #4-5983 Lake Seneca Road and #4-6084 East Lake Seneca Road Paving Project No. 5-97 at an estimated cost of $415,360.00 from the Transportation Trust Fund - Commissioner District 4.



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

Municipalities



Request for approval to advertise for bids for Countywide Resurfacing Project No. 1-97 at an estimated cost of $555,676.00; and authorization for the Chairman to execute Interlocal Agreements with the municipalities of Clermont, Eustis, Howey-in-the-Hills, Lady Lake, Leesburg, Tavares, and Umatilla to resurface various roads in the city/town limits at an estimated cost of $501,538.50, to be included in the Countywide Resurfacing Program for a total cost of $1,057,214.50.



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



Request for approval to advertise Road Vacation Petition No. 837 by Ruth L. Platt to vacate roads (Hawkins, First, and Emery Streets), Unrecorded Plat of Higley, Section 1, Township 18, Range 25, Lake Yale area - Commissioner District 5.





Resolutions/Signs/Roads-County & State



Request for approval and execution of Resolution No. 1997-37 to remove "STOP signs at the ninety degree turn on Lake Mack Drive (#4-8698) which is the beginning of Bear Lake Boulevard (#4-8598).



Roads- County & State



Request for acceptance of a Maintenance Map for Hubbard Street (#1-3311) in the Okahumpka area.



Deeds/Rights-of-Ways, Roads & Easements



Request for acceptance of the following deeds:



Statutory Warranty:



James M. Pruitt and Mary L. Pruitt

Spring Creek Road (#4-8786)



Dixie E. Royal, Jr. and David S. Royal

Golf Links Avenue (#3-5057)

Mount Homer Road (#3-4956)



Non-Exclusive Easement:



James M. Pruitt and Mary L. Pruitt

Spring Creek Road (#4-8786)



Drainage Easement:



James M. Pruitt and Mary L. Pruitt

Spring Creek Road (#4-8786)



Assessments



Request for approval to waive remaining balance of Special Assessment #663071, Michael A. Matthews.



Accounts Allowed/Assessments/Bids/Road Projects



Request for approval to include Pin Tail Road and Black Duck Road with SA-89, Red Head Road, Blue Wing Road and Green Wing Road, in Ocala Forest Campsites #3, previously approved to advertise for bids on December 3, 1996, at an additional estimated cost of $92,100.00. Total Estimated cost of $209,750.00 - CTT Funds - Commissioner District 4.



Contracts, Leases & Agreements/Municipalities



Request for approval of Fourth Amendment to Interlocal Agreement between Lake County and the City of Leesburg relating to provision of funds from the County Transportation Trust Fund for improvements at the Leesburg Municipal Airport.



Accounts Allowed/Bids/Budgets



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



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



DEPARTMENT AMOUNT



Mosquito Control $40,000.00 Estimate

Adapco, Inc.



Request approval for the Office of Purchasing to waive bid requirements and standardize on Permanone 31-66. Permanone 31-66 is a mosquito adulticide also used for biting flies and other insects. This product has been used successfully and exclusively for the past five years. It is used for its effectiveness and the fact that it is less caustic to equipment and humans and less harmful to the environment than other products that have been used. Permanone 31-66 is manufactured only by AgroEvo and distributed in Florida solely by Adapco, Inc. Funding will be from account #116.5056220.562.8300510.



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



DEPARTMENT AMOUNT



Solid Waste $21,000.00



Hartman & Associates, Inc./Approve and execute contract for proposal 97-016, Ground Water Modeling; subject to final review and approval by the County Attorney. Funding will be from account #421.4546550.537.8300340.



PUBLIC HEARINGS



COUNTY ATTORNEY/SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, presented the Mediation Settlement Agreement in the case of Martha Carswell v. Lake County, and explained that the lawsuit was a result of a bicycle accident occurring on April 15, 1992, involving Martha Carswell at the intersection of Sun Valley Road and Sunnyside Drive in Leesburg. He stated that the parties have reached a final settlement, in the amount of $9,500.00, pending approval by the Board of County Commissioners.

At this time, Commr. Good 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. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Settlement Agreement between Martha Carswell and Lake County in the amount of $9,500,00.

Mr. Minkoff directed the Clerk to release the transcript from Carswell v. Lake County and attach it to the minutes of this meeting.

ORDINANCES/PLANNING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present this ordinance.

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Lake County Codification amending Chapter 14, Article III - Vegetative Abatement amending Section 14-58. Procedural Implementation, on the floor for its final reading, by title only as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE; CHAPTER 14, MISCELLANEOUS PROVISIONS AND OFFENSES; PROVIDING FOR THE AMENDMENT OF ARTICLE III - VEGETATIVE ABATEMENT, SECTION 14-58 PROCEDURAL IMPLEMENTATION; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

At this time, Commr. Good 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. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1997-11 amending the Lake County Codification amending Chapter 14, Article III - Vegetative Abatement amending Section 14-58. Procedural Implementation, as read on its final reading, by title only.

ORDINANCES/PLANNING

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present this ordinance.

Mr. Sandy Minkoff, County Attorney, explained that, on November 7, 1995, the Board approved a Stipulated Settlement Agreement with the Department of Community Affairs (DCA) rescinding a previously adopted Comprehensive Plan Amendment regarding Map Amendment 94-1-1-2. He stated that litigation was pending in the administrative process in regard to this case, and the effect of the action this date would realign the parties from the Department of Community Affairs v. Lake County and Bradshaw, to Bradshaw v. Lake County and the Department of Community Affairs.

Mr. Minkoff placed the proposed ordinance to repeal Map Amendment 94-1-1-2, adopted by the Board of County Commissioners pursuant to Ordinance 1994-11 on August 16, 1994, on the floor for its final reading by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, TO REPEAL MAP AMENDMENT 94-1-1-2, ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS PURSUANT TO ORDINANCE 1994-11 ON AUGUST 16, 1994; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY SECTION 163.3184(15), FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

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

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt, and Eidson, representing Mr. Charles Bradshaw, an intervenor in this action, appeared before the Board in opposition to the amendment before the Board on the basis that such an action was ultra vires in that it was not in accordance with state statute, the Board was out of the Comprehensive Plan Amendment cycle, and Comprehensive Plan Amendments pursuant to Chapter 163 are required to have two public hearings. She stated that her client's position on this request has been filed with the State of Florida, Division of Administrative Hearings Administrative Law Judge. At this time, she provided a chronological history on this issue, and distributed copies of exhibits, noting that said exhibits were in the prehearing statement. She stated that her client has strenuously objected to the dismissal of this case, and the final hearing has been scheduled on February 26, 1997. She stated that this was another example of bad faith by the County on quickly moving this amendment through the process one (1) week before the Division of

Administrative Hearing. She stressed that the County has undertaken the remedial actions that were necessary; therefore, the Department of Community Affairs should move for dismissal, and that, at the hearing on February 26, 1997, they would be asking that the Board's action be deemed ultra vires and outside the scope of Chapter 163 as being an unlawful Comprehensive Plan Amendment.

Mr. Minkoff explained that this was a case that began with the Board approving the amendment and subsequently agreeing to a Settlement Agreement which would repeal the amendment. He stated that Ms. Bonifay would have the opportunity to make her arguments before the hearing officer, and the Department of Community Affairs has requested that the County comply with the Settlement Agreement. He stated that the Settlement Agreement was very specific and calls only for repeal of the Ordinance, and that it was his recommendation that the Board adopt the Ordinance before the Board at this time.

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

Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve Ordinance No. 1997-12, an ordinance to repeal Map Amendment 94-1-1-2, adopted by the Board of County Commissioners pursuant to Ordinance 1994-11 on August 16, 1994.

In respond to a question presented by Commr. Hanson, Mr. Minkoff clarified that the Board would remain a party in the lawsuit; however, Ordinance No. 1994-11 provided that it would only become effective if it were approved by DCA which the County has maintained throughout when DCA filed an appeal stating that said Ordinance was not valid. He indicated that the County has not actively participated in this litigation and that the litigation was basicly between Bradshaw and DCA.

In response to Mr. Minkoff's comment that he was not mounting an aggressive legal position in this case; Commr. Swartz stated that he would expect staff to participate in the hearing on February 26, 1996 to insure that the County's position was upheld.

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

Commr. Swartz made a motion, which was seconded by Commr. Gerber, to instruct the County Attorney and staff to participate in the hearings as appropriate to represent the Board's position with regard to Ordinance 1997-12, and the previous Settlement Agreement.

Commr. Gerber stated that it was important to note that, as election processes take place every two years, there would be changes in idealogies and, if the administrative judges fail to take that into account, they fail to recognize the elective process.

Commr. Cadwell stated that elections do not take people's rights away and, once a process states what an individuals rights are, changes in idealogies can not change those rights. He stated that Mr. Minkoff's direction was appropriate, and that the County was spending additional time and monies for no reason. Commr. Hanson concurred with Commr. Cadwell.

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

Commr. Hanson and Commr. Cadwell voted "No".

GRANTS/COMMUNITY SERVICES

Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present the second public hearing to obtain views from citizens on the final application prior to submitting the Community Development Block Grant (CDBG) Application to the Department of Community Affairs in the Lake Kathryn area of Lake County.

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

Mr. Harold Simmons, a resident of Lake Kathryn Heights, appeared before the Board to express support of the CDBG Grant Application.

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

Commr. Hanson stated that the majority of the comments received at the community meetings held last week were in support of paving all of the roads in the Lake Kathryn area and that the public was very supportive and appreciative of the CDBG Grant.

Mr. Smith explained that the target area for conducting the Community Development Block Grant project was bordered on the north by County Road 42, on the west by Lake Street, and on the south by Hibiscus Avenue which angles east to meet County Road 42. He stated that this project would provide first time paving for Lake Street, Magnolia Street, Oleander Street, Palmetto Street, Cedar Street, and Hibiscus Avenue. Mr. Smith noted that the final application would be prepared and brought before the Board for approval on February 25, 1997.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board authorized staff to move forward in the grant planning and application process for the Community Development Block Grant in the Lake Kathryn area of Lake County.

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY

Mr. Sandy Minkoff, County Attorney, presented the request for approval for the Chairman to execute an amended and restated agreement between The Oklawaha Basin Recreation and Water Conservation and Control Authority, Lake County, and the Lake Soccer League, Inc. He explained that the Lake County Water Authority has requested an amended and restated agreement to clarify grounds maintenance and improvement issues, and that the agreement changes the Water Authority's responsibilities. At this time, he noted the changes in the agreement.

Mr. Bob Taylor, Executive Director, Lake County Water Authority, appeared before the Board to address questions and explained that the Water Authority would maintain the soccer fields in the same manner as the Hickory Point Recreational Facility, and Lake Soccer League would provide an optimum level of care if required.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of an amended and restated Agreement between The Oklawaha Basin Recreation and Water Conservation and Control Authority, Lake County, and The Lake Soccer League, Inc.

REPORTS

COUNTY ATTORNEY/LAW LIBRARY/ORDINANCES

Mr. Sandy Minkoff, County Attorney, presented the request for approval to advertise an Ordinance amending filing fees to support the Law Library. He explained that the Board of Trustees of the Lake County Law Library, at a meeting on January 7, 1997, voted to accept the Projected 5 Year Budget/Fee Schedule, which had been prepared by Mr. Kevin McDonald, Budget Analyst, Office of Budget.

Mark J. Hill, Circuit Judge, appeared before the Board and stated that the Board of Trustees was confident that the increase in fees would take the Law Library through the next five (5) years with one (1) part-time personnel included in the budget.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved to advertise an Ordinance amending the filing fees to support the Law Library.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the Citizens who were present in the audience. It was noted that no one present wished to address the Board at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/HEALTH CARE

Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to discuss a request made by the Lake County Comprehensive Health Care Committee for an Indigent Health Needs and Services Study for Lake County at a cost not to exceed $25,000.00. He stated that the Lake County Comprehensive Health Care Committee was requesting that the cost of said study be shared equally between the North Lake County Hospital Taxing District and the South Lake County Hospital Taxing District providing there was no legal constraint which would prohibit this. He explained that, at the time that the Comprehensive Health Care Committee was established by Resolution No. 1994-19, one of the responsibilities charted to the Health Care Committee was to monitor and evaluate health care programs in Lake County including those for the indigent and medically indigent. He stated that at some point an in-depth study of Lake County's health care needs and services may be needed, and it was the staff recommendation that the Board direct the Lake County Comprehensive Health Care Committee to conduct a series of workshops with the various providers of indigent health care services in order to obtain a current perspective on how services are being provided, the impact providing indigent services are having on these programs/agencies, the programs/agencies insights into future need in the provision of health services to the indigent, and to determine if it was possible to more effectively serve the citizens of Lake County. He stated that, at the conclusion of the workshops, the Lake County Comprehensive Health Care Committee would present its findings and recommendations to the Board of County Commissioners.

Discussion occurred in regard to the original purpose and intended scope of the Lake County Comprehensive Health Care Committee, which was a study to determine if the manner in which the Lake County Health Department provides services to the citizens of Lake County would be more efficient by consolidating of its facilities.

Mr. Tom Wetherington, Chairman, Lake County Comprehensive Health Care Committee, appeared before the Board and stated that many members felt that a professional study was needed on indigent health care; however, he would suggest that how the indigent health care services are being delivered could be determined by the Committee with staff recommendation to hold a series of workshops.

Commr. Swartz suggested that the North Lake County Taxing District and the South Lake County Taxing District would be an appropriate place for funding a study if deemed necessary.

Commr. Hanson stated that she would support contracting with a professional consultant who has expertise in health care to assist with the workshops and that the funding for said contract should be through the independent taxing districts. She stated that the provision of health care was the ultimate goal of this Committee, and it may be determined that the method of providing health care in the past may not be the appropriate method in the future.

Commr. Swartz stated that, rather than direct the Health Committee, he would prefer to request the Health Committee's input into whether this issue was important enough to spend the Committee's time, and County staff time on to go forward, and that he would suggest consideration be given to requesting funding and staff help from the Hospital Districts. Commr. Hanson concurred with Commr. Swartz.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved for the Lake County Comprehensive Health Care Committee to conduct a series of workshops with the various providers of indigent health care services in order to obtain a current perspective on how services are being provided, the impact providing indigent services are having on these programs/agencies, the programs/agencies insights into future needs in the provision of health services to the indigent, and to determine if it was possible, through collaborative strategies, to more effectively serve the citizens of Lake County; and, if the Committee determines the need for a consultant to perform the Indigent Health Needs and Services Study, funds be requested from the North Lake County Hospital Taxing District and the South Lake County Hospital Taxing District.

Ms. Whittle stated that, after a review of all County owned property in South Lake County that would be appropriate for future location of the Health Department facility, it has been determined that there was no County owned property appropriate for the Public Health facility.

RECESS & REASSEMBLY

At 10:40 a.m., Commr. Good announced that the Board would recess for five minutes.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)

GRANTS

Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present a request for the Board of County Commissioners to participate in a Fair Housing Training/Education Program and reaffirm the County's Fair Housing Ordinance No. 1993-10. He explained that the Board approved the Fair Housing Ordinance on June 8, 1993, and it has been ascertained that the County may obtain five (5) additional grant points for outstanding performance in Fair Housing, and that Lake County was required to conduct a training and educational program within twelve (12) months before the application deadline that meets all of the following conditions:



1) Public notice was provided pursuant to Rule 9B-43.003(498) Florida Administrative Code, for the general public;

2) The session was conducted at a meeting of the local governing body and was designed for the general public and local elected officials;

3) An agenda and training manual/materials were provided for the session;

4) An attendance log was maintained.

Mr. Smith noted that the above noted conditions have been meet; an attendance sheet had been signed by the Board and staff present this date; and a Fair Housing booklet had been distributed during the presentation this date.

Ms. Kelley Pisciotta, Executive Director, Affordable Housing by Lake, Inc., appeared before the Board and briefly discussed the Fair Housing Act. At this time, she read Lake County Fair Housing Ordinance 1993-10 by title only.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board reaffirmed the County's Fair Housing Ordinance No. 1993-10.

CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board to present a recommendation for the Board to consider the proposed Interlocal Agreement between Lake County and the City of Tavares relating to parking. He stated that the Agreement states that the City of Tavares and the County agree to participate in a City-County Parking Committee which shall consist of one (1) County Commissioner, one (1) City Councilman, one (1) Constitutional Officer, one (1) citizen appointed by the City, one (1) citizen appointed by the County, and one (1) downtown business owner to be jointly selected by the City and the County. He discussed the county parking requirements, and the number of parking spaces needed and explained that any parking spaces required to be constructed by the County shall be completed by December 31, 2001.

Ms. Sue Whittle, County Manager, stated that the Parking Committee has instituted a number of parking management measures which has provided immediate relief. She explained that one measure was moving employees' cars to more remote areas, which opened up spaces for visitor parking and additional handicap spaces that were badly needed.

Mr. Anderson noted that the County has been talking with two (2) landowners with property contiguous with County property.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved an Interlocal Agreement between Lake County and the City of Tavares related to parking; and authorized proper signature on same.

CONTRACTS, LEASES & AGREEMENTS/SUBDIVISIONS

Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present the request for approval of a Settlement Agreement between The Hill Homeowners Association, Tom Voorhees, President, and Lake County for the appeal of a Lake County Board of Adjustment approval requiring platting of a commonly owned lot for the replacement of existing docks. She explained that the Hill Homeowners Association appeared before the Lake County Board of Adjustment and were granted a variance with stipulations that the lot be platted as a common recreation area and that the new docks would not exceed the dimensions of the existing docks. She explained that the President of the Hill Homeowners Association found that platting was going to be a problem due to the number of share owners, and he subsequently applied for a Special Master Determination. She stated that staff has recognized the lot as a common recreational area, and The Hill Homeowners Association would be entitled to use the property for passive recreational uses subject to the following conditions: a) No parking of vehicles and physical barriers shall be erected to prohibit vehicles other than those needed to service the recreation area from entering or parking on the property; b) no new docks or piers shall be permitted; c) a ten (10) foot vegetative buffer per Lake County Code shall be provided on each side lot line; and d) prior to any recreational use, a site plan shall be approved by the County Manager or designee.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Settlement Agreement between The Hill Homeowners Association, Tom Voorhees, President, and Lake County for the appeal of a Lake County Board of Adjustment approval requiring platting of a commonly owned lot for the replacement of existing docks.

COUNTY POLICIES/HUMAN RESOURCES

Ms. Sue Whittle, County Manager, presented the request for approval of a resolution revising the Lake County Policies and Practices Employee Manual, which had been approved by the Board on October 15, 1996.

Mr. Sandy Minkoff, County Attorney, directed the Board's attention to a memorandum prepared by Ms. Lourdes Ramos, Personnel Manager, dated February 3, 1997, addressing the changes and the reason for said change.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1997-36 revising the Lake County Policies and Practices Employee Manual.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Mr. Sandy Minkoff, County Attorney, informed the Board that Resolution No. 1996-174 provides for the creation of the Local Law Enforcement Block Grant Advisory Board and that the Board shall terminate at the close of the grant project on September 30, 1998.

Commr. Gerber suggested that Father David Randolph be appointed as a representative to the category of "member of a local nonprofit, educational, religious or community group active in crime prevention or drug use prevention/treatment".

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointments of the following individuals to the Local Law Enforcement Block Grant Advisory Board:

Lake County Sheriff (or designee)

Captain Claude Gnann

State Attorney (or designee)

Bradley E. King

Administrative Judge (or designee)

Fred F. Hooten

Superintendent of Schools (or designee)

Jerry W. Cox

Member of a local nonprofit, educational, religious or community group active in crime prevention or drug use prevention/treatment

Daisy K. Morris

Father David Randolph

It was noted that Mr. Bradley King, State Attorney, indicated that he wished to serve on this Board; however, in the event that he was unable to attend, he would like Mr. Hugh Bass, and Ms. Suz Geeraerts to be appointed as his designees. Mr. Sandy Minkoff, County Attorney, indicated that the appointment was for Mr. King and that his designees would not be allowed to vote in his absence.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Good presented the request for appointments of individuals to vacancies on the Bicycle/Pedestrian Advisory Committee. It was noted that there were currently eight (8) vacancies for individuals to serve two (2) year terms beginning March 2, 1997 and ending March 2, 1999, and one (1) vacancy for an individual to complete a term ending March 2, 1998.

It was the consensus of the Board to postpone the appointments of individuals to vacancies on the Bicycle/Pedestrian Advisory Committee until March 4, 1997 to allow time to contact the current members to determine if they wished to be reappointed.



ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the following request:

Bonds-Mobile Home

Request for approval of renewal of Mobile Home Bond for Govey F. Schmidt for placement of travel trailer on property located on Valley View Road and C.R. 455 while the conventional home is being built - Commissioner District 3.

REPORTS

COMMISSIONER GERBER - DISTRICT NO. 1

Commr. Gerber informed the Board that a resolution would be forthcoming recognizing Pernell Mitchell for being a State Outstanding DARE Officer.

Commr. Gerber brought up for discussion a facsimile from Commissioner Clarence M. Hoenstine, dated February 12, 1997, in regard to a revised resolution in support of citizen efforts to restore educational funding that was withdrawn after passage of the Florida Lottery, and stated that Commr. Hoenstine was requesting that the Lake County Board of County Commissioners prepare a resolution similar to the Orange County resolution. She stated that she would prepare a similar resolution in support of citizen efforts to restore educational funding that was withdrawn after passage of the Florida Lottery for the Board's approval.

ADDENDUM NO. 1

REPORTS

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1997-33 congratulating Jammie Pennington on her many achievements in cheerleading and on being selected as a member of the All-Star Cheerleading Squad; and authorized proper signature on same.



COMMISSIONERS GOOD - CHAIRMAN AND DISTRICT NO. 2

RESOLUTIONS

Commr. Good presented the request for approval and execution of a resolution opposing the passage of House Bill 155 abolishing the collection and distribution of the Intangible Tax, which would negatively impact Lake County's 1997 budget by $3,177,040 in revenue sharing funds.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson to approve and execute a resolution opposing the passage of House Bill 155, abolishing the collection and distribution of the Intangible Tax.

Commr. Swartz stated that, if the Legislature passes House Bill 155 abolishing the collection and distribution of the Intangible Tax, the Legislature should provide an alternative revenue source. He suggested that additional language be added to Section 2. of the resolution to indicate to the Legislature that Lake County's concern was that alternative revenue sources have not been addressed; indicate the amount of lost revenues for Lake County; and request that the Legislature find an alternative funding source rather than just opposing the abolishment of the Intangible taxes.

At this time, Mr. Minkoff suggested that the Board could add additional language to Section 1., as follows: unless changes are made in the Bill to provide equivalent sources of revenue of distributions for local government to replace the loss of the Intangible tax.

Commr. Swartz made a motion to change the language under Section 1. of the resolution, as follows: The Board of County Commissioners of Lake County opposes the passage of any bill that would negatively impact the state revenue sharing which currently is being funded unless provision is made within the Bill to provide alternative revenue for the cities and the counties.

The motion died for the lack of a second.

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

Commr. Swartz voted "No".

STATE AGENCIES

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board authorized the Chairman to sign a letter of support, on behalf of the Board of County Commissioners, to the County Veterans Service Officers Association supporting the nomination of Donald W. Priem, Jr. to the office of President for the 1997-98 business year.

STATE AGENCIES

Commr. Good provided an update on the caucus he attended in Orlando in regard to the Article 5 Bill recovering state court costs which have been mandated to the counties. He stated that the Florida Association of Counties would be holding an emergency Board meeting in Tampa, on February 20, 1997, to address concerns.

Ms. Sue Whittle, County Manager, stated that, at the emergency Board meeting alluded to above, the Board would be taking the results of the caucus meeting on the Article 5 Bill and requesting the full Board of the Florida Association of Counties to determine whether they would like to move forward with bolder steps in trying to recover some of the funding.

It was the consensus of the Board to continue to move forward with recovering state court costs which have been mandated to the counties, to be supportive of the Florida Association of Counties, and to bring back all information relating to decisions of the Florida Association of Counties.

CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)

Commr. Good reopened the Citizen Question and Comment Period, at which time, Mr. Randy Gross, a resident of Palm Shores Mobile Home R.V. Park, appeared before the Board to presented concerns in regard to violations of electrical codes in the Palm Shores Mobile Home R.V. Park. He discussed the violations of electrical codes in the R.V. Park and questioned why the County was not addressing said violations. He informed the Board that Palm Shores Mobile Home R.V. Park has a conditional use permit for a R.V. Park with 271 lots, there were over 280 lots, and the Park was registered with the State as a condominium and was being addressed as a condominium in County court.

Mr. Minkoff informed the Board that there was an open code enforcement case for Palm Shores Mobile Home R.V. Park, and that the Code Enforcement staff was working with the Association to correct all code violations which include setback violations as well as electrical code violations.

RECESS & REASSEMBLY

At 12:00 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. in the Training Room for a Strategic Planning Workshop on Economic Development for Lake County.

WORKSHOP - STRATEGIC PLANNING WORKSHOP ON ECONOMIC DEVELOPMENT FOR LAKE COUNTY

Commr. Good opened the strategic planning workshop on Economic Development at 2:00 p.m. in the Training Room, Lake County Administration Building, Tavares, Florida.

INTRODUCTORY REMARKS

Mr. Dan Lynch, President & CEO, Economic Development Commission of Mid-Florida, Inc. (EDC), presented introductory remarks and explained that the workshop this date was one of five workshops that the Economic Development Commission of Mid-Florida was holding with their shareholders from mid-Florida to provide a public forum in open session to start a dialogue with their political leadership partners to expand communication as they start to put together their business plan. It was noted that an agenda, and the 1996-1997 Business Plan brochure had been distributed prior to the start of the meeting. He discussed the purpose of the workshop, strategy for the 1997-1998 Business Plan, and the Mission of the EDC. He stated that the Senior Management Team was present this date to discuss the Overview of EDC Services as addressed in the 1996-1997 Business Plan.

OVERVIEW OF EDC SERVICES

Mr. Mike Bobroff, Senior Vice President, discussed the objective, strategies, and measurement for Domestic Business Development relating of Publicity, Advertising, Prospect Development, Familiarization Tours, Direct Mail Contact, Strengthen Strategic Alliances and Establishment Measures.

Ms. Pat Werner, Vice President, discussed the objective, strategies, and measurements for Business Retention and Expansion in regard to Industry Visits with Commissioners, Market Technology Commercialization, Visitation Volunteer Training, Develop Manufacturers' Survey, Host Industry Appreciation Luncheon, Produce Directory of Industries, Strengthen Strategic Alliances, Educators in Industry, and Establishment Measures.

Ms. Kathy Ramsberger, Vice President, discussed the objective, strategies, and measurement of Film & Television for Prospect Development, Trade Shows, Familiarization Tours, Marketing, Community Relations, Production Measures, and Operations.

Mr. Hal Sumrall, Vice President, discussed the objective, strategies, and measurements of International Trade and Business Development as they relate to Reverse Investment, Infrastructure Development, International Trade Development, In-Bound Missions, Sister Cities, Strategic Alliances, Metro Orlando International Affairs Commission, and Summary of Establishment Measures and Trade Results.

Ms. Martha Tate, Vice President, discussed the objective, strategies, and measurements of Membership and Community Relations as they relate to Membership Development, Corporate Council, Media Relations, Events, and Publications.

At this time, Commr. Good introduced Mr. Robert Westrick, representative of Lake Sumter Community College on the Industrial Development Authority; and Mr. Ed Holder, a Board member on the Economic Development Commission of Mid-Florida, Inc.

OVERVIEW OF THE EDC'S LAKE COUNTY OFFICE

Ms. Leslie Little, Director of Economic Development in Lake County, presented an overview of the EDC's Lake County Office and explained that the Lake County office was an extension of the Economic Development Commission of Mid-Florida office in Orlando, and that her responsibility was to bring the services and information to Lake County in a more personal manner, disseminating said information, and assisting with the implementation of Lake County's economic development strategies, which was contained in the Economic Development Element of the Lake County Comprehensive Plan. She discussed the functions of the office to provided an overview of the activities that have been generated in her office during her first month as Director of Economic Development, and noted that her office has received over 25 calls a day for information or assistance with on-going projects.

Mr. Lynch stated that the EDC was a regional marketing group, and the challenge was how to add value to four or five very different entities, and the only way to accomplish that challenge was to work together. He noted that discussions have occurred in regard to the need for a Class A Business Park to create quality jobs.

ROUND TABLE DISCUSSION

At this time, Commr. Good opened the meeting up for a round table discussion on Lake County's strategic plan; what was important to each Commissioner as a member of the Board of County Commissioners; what was important as a Board; and what the EDC could do to assist Lake County.

Commr. Cadwell stated that what should be important to the Board was the County's role in the EDC, the regional effort, and how do we quantify if Lake County was getting their dollars worth. He stated that the County was moving in the right direction, the opportunities were in place, and the notification was there for the County and the EDC, and he would support continuing to do what the County was currently doing.

Commr. Hanson commended the EDC on the workshop this date, and for hiring Ms. Leslie Little as the Lake County Director of Economic Development. She stated that Lake County has an Economic Element; however, she questioned whether the County has a strategic plan and these are the issues that we will be working on as we move forward on the Comprehensive Plan Economic Element.

Commr. Swartz stated that the Jobs Growth Investment Trust Fund was clearly working and was working with our existing smaller businesses, and he was very encouraged with the comments made by the EDC. He stated that the County must do a better job of informing the public that there are very good things happening in Lake County. He stated that he would like to discuss, at some point, the issue of a Class A Business Park.

Commr. Gerber stated that it was gratifying to hear the EDC state that they would be communicating more freely with Lake County. She stated that she would like to further discuss with the EDC how to prepare a strategic plan, and perhaps a business plan for the County. She stated that Lake County has a problem with the labor force, vocational education, and the school system which were issues to address in the business plan.

Commr. Good stated that Lake County does not have a strategic plan and concurred that Lake County has been successful in moving forward with economic development in a positive way. He stated that Lake County has been successful in creating urban and suburban lifestyles, and he would like to address what could be done to stimulate development of agriculture production, noting that the County has been successful at stimulating manufacturing, retail trade, transportation, and the production of agricultural products. He questioned are we doing rural development by turning rural areas into suburban and urban areas or are we doing rural development in the sense of providing development in rural communities that allows them to do the kind of production that agricultural systems traditionally do. He stated that he would like to see the strategic plan address the agriculture sector; existing industry support as a high priority; and entrepreneurship training as a component of our workforce development. He requested that the EDC assist in finding ways to benefit that clientele, and that the EDC identify that as part of what makes Lake County an unique client.

At this time, Mr. Lynch addressed the comments made by the Board, and stated that the most critical factors for economic development were education and workforce preparedness and availability and transportation and those were issues that need to be addressed on a regional and county-wide basis. He discussed a business park and ways to improve the chances for success and noted that, if the County was interested in a business park, the land for a business park has been offered to Lake County.

Commr. Hanson questioned if the EDC was recommending a government owned business park or encouraging a privately owned business park. She indicated that she would prefer that a business park be in the private sector rather than the government sector. She stated that things were happening in Lake County because there was a plan in place, and the next step was a strategic plan. She stated that she has worked with Ms. Ramsberger on the possibility of a film council for Lake County and suggested that involvement with the Sanford Airport would be a tremendous benefit to Lake County, and should be considered. She noted that an Economic Summit has been planned and assistance from the EDC and Ms. Little would be very helpful. She concurred that agriculture and associated industries that tie in with agriculture were very important for Lake County.

Ms. Whittle discussed the visioning process that Lake County was working on and explained that said process was a community based visioning process with neighborhood focus involving as many as 5,000 participants in a series of 75 to 100 community meetings. She expressed hope that the process would result in a strategic plan with possible overlays because Lake County was a large diverse county.

Mr. Ed Holder stated that the Board has unanimously supported economic development activities and recognized that jobs create dignity for families that will solve social problems, and solve many community problems. He discussed the Board's leadership in the permitting process and stated that it was important that the Board understand the success that they have helped to create because of their leadership, and the support that they have given to the EDC.

Mr. Lynch stated that, as the EDC begins to prepare the business plan, they would share drafts with the Board outlining specific goals. He stated that the challenge for the EDC was to find ways to make all of their partners more success, and he encouraged the Board's review and comments on the business plan drafts. He stated that there would be a Lake County edition, as they refine the business plan, that addresses working with the private and public sector to refine the business park plan. He stated that a soft goal could be included that would indicate that the EDC would continue to work with the County on the strategic planning process; however, he would rather have goals that the EDC controls and can measure, and that can be listed as accomplishments.

Commr. Good encouraged the EDC to remember that Lake County has been very successful in developing urban and suburban areas; however, not successful in doing the type of rural development that stimulates rural type economies. He stated that there was a different value system in some of the rural communities versus our suburban areas and as those blend we do want to keep the more positive components. He discussed the need to find ways, crop choices, and production systems that make businesses profitable enough to stay in the market place.

Mr. Steve Richey, Chairman, Ad Hoc Committee of the Countywide World Class Schools project, stated that Lake County has a world class academy scheduled on March 13, 14, and 15, 1997 in Lake County for the purpose of educating the business community on the vo-tech program, other issues, and making them interface with our business community and education community. He invited the EDC to participate and encouraged the EDC to allow Ms. Little to continue to work with the project. He stated that his perspective on agriculture was that viable sustainable agriculture was an industry and needs to be protected.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:40 p.m.



___________________________________

William "Bill" H. Good, CHAIRMAN









______________________________

JAMES C. WATKINS, CLERK





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