The Property Appraisal Adjustment Board met on Tuesday, September 25, 1990, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; and Richard Swartz. School Board members present were: Anna Cowin and Jerry Smith. Others present were: Annette Star Lustgarten, County Attorney; Ed Havill, Property Appraiser; and Toni M. Austin, Deputy Clerk.
HOMESTEADS
On a motion by Commr. Bailey, seconded by Ms. Cowin and carried unanimously, the Board approved the Homestead Denials which had been settled by the Property Appraiser's Office, as follows:
1990-9 David Barbett 1990-32 James Courtney
1990-53 Janet L. Brantley 1990-55 LaVerne Brockner
1990-58 Dougla M., Jr., & Sarah G. Buie, Trustees
1990-68 Sterling R. Clark, Sr. 1990-71 James W. Courtney
1990-75 Douglas C. Cunningham 1990-80 Davis Strahan
1990-93 Evageline Driesbach
1990-94 Richard A. and Jean A. Driscoll
1990-96 Gladys Eckley
1990-97 Robert F. Einstein, Jr.
1990-131 Gray J. Ashion (Life Estate) & Ellen Maude Gray (Life Estate)
1990-135 Leila Mae Greer 1990-136 Dallas Grimm
1990-153 Jack D. Hoppenstedt, Sr.
1990-160 Donald E. & Linda G. Hyatt
1990-181 Bradley Martin Keesee 1990-184 Robert Gregory King
1990-186 Hawthorne Res. Co-op Assn. Inc.
1990-212 Vera C. Magee 1990-216 Donald K. Mantel
1990-226 Sharon S. Morin 1990-229 Larry A. Myers
1990-238 Gladys W. Noftz 1990-274 Thomas W. Rose
1990-278 Charlotte E. Rush
1990-283 Philip J. & Katherine Santoli
1990-295 Anne S. Seebaugh 1990-305 David A. Smith
1990-307 Elaine H. Smith
1990-316 Ray and Karen Strickland 1990-319 Ronald E. Sucher
1990-323 Charles Sweigard 1990-330 Silas M. Thomas
1990-336 Broza J. Tusing (Life Estate)
1990-348 Ula C. & Pamela White
1990-351 Mark David & Margariette Whitlock
1990-361 Mark E. Winters 1990-362 Steven & Julie Wise
1990-364 Robert M. Woodard
1990-370 Darryl A. & Lois J. Barclay
1990-373 Horace P. Beasley 1990-380 Francis P. Brennan
1990-381 Louis C. Broadway
1990-382 George K. & Melba A. Bronson
1990-383 Wilbie A. Canard 1990-387 Sophia G. Colovos
1990-389 Randy S. & Deborah Daudelin
1990-391 James C. & Kathy M. Duff 1990-397 Nola M. Fowler
1990-400 Jerry L. Gambrel 1990-409 Annie M. Hull
1990-421 Alexander Lodi 1990-423 Vincent Luehon
1990-431 Charles Larry Patterson Et. Al.
1990-433 Franklin Rayl 1990-436 Deward Robertson
1990-437 Vito and Mila Santarsiero
1990-445 Ada Snapp 1990-454 Marion M. Gerdsen
1990-455 John A. Harder
1990-456 Ralph E. & Opal L. Baston
1990-461 Jesse and Doretha Richardson
1990-467 Donald & Ann-Marie Collver
1990-470 Donald & Audrey Gregory
1990-471 Ezequiel and Guillerma Juarez
1990-479 Frances S. Pennington 1990-481 Carl E. Rodgerson
1990-496 Lorena C. Godeke Trustee 1990-500 Dell M. Smoak
1990-631 Bibiana A. Perry
1990-639 Charles, III, and Deborah R. Allcott
1990-645 Eleanor S. Torres 1990-649 Harold E. Koppel
1990-657 George and Bertha Perry 1990-675 Sandra L. Skehan
1990-700 Seymour B. Blaustein 1990-701 Kensil & Oma Combs
On a motion by Commr. Swartz, seconded by Ms. Cowin and carried unanimously, the Board approved to accept the written and verbal withdrawals for those who had been denied Homestead Exemption, as follows:
1990-4 Mae E. Allen 1990-10 Kathleen Barnhart
1990-11 Donald H. and Martha L. Basehore
1990-12 Mae F. Beard and Andrew L. Traywick
1990-13 Eddie Bennett 1990-22 Louie B. Broadway
1990-24 Chester Lee and Janice E. Byrd
1990-25 Jay and Michelle Caplan
1990-27 Johnny E. and Alice F. Clark
1990-34 William Dawson 1990-39 Cecil Ammerman, Jr. 1990-41 William and Nina Dean Atkins
1990-91 Mary Jane Dougherty 1990-92 Timothy and Mary Downs
1990-100 Donald G. and Janet D. Ellinger
1990-103 Ellen L. Farley 1990-105 Susan Feuerbacher 1990-109 Gerald A. Flanigan 1990-117 Frederick Gardner 1990-119 Kenneth Gerard 1990-124 Elmer Goff
1990-130 Oris and Shirley Graham
1990-144 James and Norma Hazlegrove
1990-150 Donna Hick 1990-156 Dorie Hostettler 1990-161 Patricia E. Hyde 1990-167 Robert Jenkins
1990-169 Shirley Jensen 1990-173 Ruth M. Johnson 1990-180 Edwin Judy 1990-182 William Kemp Est. 1990-192 Rosa Lang
1990-195 Richard and Sumon Leforce
1990-198 Rosie Lee Lowery 1990-208 John T. McKinney 1990-209 Mary McMahon
1990-211 Wesley A. and Blanche Maden
1990-213 Edward L. and Ester Maness
1990-218 Sarah Marchiano 1990-222 Louis Menacho
1990-223 Shaun P. Merriman 1990-227 Sue Morteson
1990-237 Marsha Benton Nisbet 1990-241 Leila Oakley
1990-255 Charles Pope 1990-256 Phyllis Potter
1990-260 Jonathan and Eileen Queen
1990-263 Mary Jane Rasnic 1990-264 Dorothy Ray
1990-265 James Reeve, Sr.
1990-268 David Howard and Jennifer Ricci
1990-281 Jose Salaza 1990-284 Lawrence Sargent 1990-288 Earl Schneiter
1990-294 Andrew J. and Kathy S. Sears
1990-297 Cynthia Shay 1990-299 Susan Silkworth 1990-302 T. W. Sirmons 1990-311 Emmett Stallings 1990-313 Cleo L. Steininger 1990-314 Frances Stenwick
1990-315 Marie Bailey Stivers 1990-317 H. H. Stubblefield 1990-325 Oege Tand 1990-333 Philip Tope
1990-340 Patricia Walden 1990-343 Frank Walsh
1990-353 Jasper Wiggins
1990-374 Stanley and Jennielle Blunt
1990-386 James and Treva J. Clark
1990-392 John and Naomi A. Ebare 1990-393 Catherine Ekstrom
1990-399 Richard C. Frohwein
1990-407 William and Joyce Hileman
1990-408 John A. and Michele Horn 1990-415 Geneva Langlois
1990-418 Paul K. Leonard
1990-425 Donald W. and Beverly Mann
1990-427 Vincent Milite
1990-438 Odis and Francis Scaggs
1990-439 James and Janet Sellers
1990-442 Richard L. and Alyene Simcock
1990-448 Donald E. and Kimberly A. Stock
1990-451 Robert Wiltshire
1990-458 Paul W. and Elisa B. Hart
1990-462 Dawn E. Sparkman 1990-464 Mildred Walbert 1990-474 L. Fred Melkus
1990-497 Legrand and Lillian McKee
1990-546 Edna J. Gilbert
1990-582 G. Gordon and Isabelle T. Melvin
1990-590 Irene C. Potter 1990-647 Linda N. Baker
1990-653 Slayton S. Melvin and Marlene Fisher
1990-656 Ernest R. and Lendil C. Obert
1990-677 M.E. Tidwell
On a motion by Dr. Smith, seconded by Commr. Bailey and carried unanimously, the Board approved to accept the verbal and written withdrawals of petitions to the Property Appraisal Adjustment Board, which were approved through the Property Appraiser, as follows:
1990-685 Joe Buie 1990-686 Joe Buie
1990-692 Edwin G. Glasburn & John L. Hollowell
1990-693 Gerald P. Baker 1990-694 Darlyn L. Finch
1990-695 Darlyn L. Finch 1990-702 Charles A. Conover
1990-703 Wilder Corporation of Delaware
1990-704 Wilder Corporation of Delaware
1990-705 Wilder Corporation of Delaware
1990-706 Wilder Corporation of Delaware
1990-707 CMWY General Partnership 1990-711 Robert L. Harding
1990-712 Draper & Kramer, Inc. 1990-713 Draper & Kramer, Inc.
1990-714 Draper & Kramer, Inc. 1990-721 Eric H. Coe
1990-722 Eric H. Coe 1990-725 Joan F. Kennedy
1990-726 Richard W. Marshall 1990-727 Charles V. Sendelbach
1990-728 Charles V. Sendelbach
1990-729 Leesburg Commerce Center, Inc.
1990-733 Pullum & Pullum, P.A.
1990-734 J. Stephen Pullum, Esq.
1990-737 Sizeler Real Estate of Florida
1990-738 Rick Anderson 1990-740 William J. Luedke
1990-741 Scott D. Holder
Mr. Ed Havill, Property Appraiser, informed the Board of the issues to be heard today, with Ms. Annette Star Lustgarten, County Attorney reviewing the criteria set forth for homestead in Chapter 196 of the Florida Statutes.
Petition #1990-2 Sally R. Alberts
No one appeared to discuss this issue with the PAAB Board.
Mr. Havill stated that the applicant had abandoned her homestead prior to January 1, 1990, and recommended denial of the request for homestead.
On a motion by Commr. Swartz, seconded by Ms. Cowin and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bailey was not present for the vote.
Petition #1990-44 Philip J. Batts
Mr. Havill stated that the applicant did not take residency by January 1, 1990, and recommended denial of the application for homestead.
Mr. Philip J. Batts appeared before the Board and stated that he moved onto his property January 5, 1990. Mr. Batts further discussed his assessment and stated that his deed indicates a selling price of $115,000.00, but he actually paid $95,000.00.
Mr. Havill stated that the assessment is fair, and recommended denial of the application for homestead.
On a motion by Commr. Swartz, seconded by Dr. Smith an carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bailey was not present for the vote.
Petition #1990-47 William D. and Carolyn E. Bell
Mr. Havill informed the Board that the Bell's did not have a recordable contract, and recommended denial of the homestead application.
Mr. William D. Bell appeared before the Board and stated that he had leased the house on August 15, 1989, and moved into the house August 19, 1989, and started the initial purchase on November 17, 1989, and was guaranteed that the closing would be before Christmas. The property was not appraised until the first of the year, with the closing occurring on January 19, 1990.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bailey was not present for the vote.
Petition #1990-16 Renee M. Blanche
Mr. Havill informed the Board that rental of property constitutes abandonment and recommended denial of the application for homestead.
Ms. Renee M. Blanche was present to discuss the request for homestead. She stated that the people left the property in November, 1989, and that she is still the owner. She further stated that she owns property in Zellwood where she often stays. Ms. Blanche stated that the property was rented again January 15, 1990.
On a motion by Commr. Swartz, seconded by Ms. Cowin and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bailey was not present for the vote.
Petition #1990-69 Paulette S. Collins
Mr. Havill informed the Board that the mobile home is in the name of Karen Beaver, and that Paulette Collins does not own the home and the land, therefore would not be allowed homestead exemption.
Ms. Paulette S. Collins appeared before the Board and presented an Agreement of Deed for review. Mr. Havill reviewed the document, which did not make mention of a mobile home. The registration for the mobile home is in the name of Karen Beaver.
Mr. Havill stated that the Agreement of Deed further states that the instrument is not to be recorded, but it is witnessed and notarized.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bailey was not present for the vote.
Petition #1990-61 Michael R. Campbell
Mr. Havill informed the Board that the date of occupancy on the homestead application indicates January 5, 1990.
Mr. Michael R. Campbell appeared before the Board and presented a signed Purchase and Sale Agreement for review.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commrs. Bailey and Swartz were not present for the vote.
Mr. Havill stated that Mr. Campbell's homestead has been approved for next year.
Petition #1990-89 Tae Yuel Doh
Mr. Havill informed the Board that the applicant filed for homestead on March 30, 1990, and recommended denial of the application.
Ms. Tae Yuel Doh stated that she did not know of the deadline involved in filing for homestead. She further stated that she has owned the property since 1986, and has a green card indicating a resident alien.
Mr. Havill stated that he would approve her homestead for next year.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commrs. Bailey and Swartz were not present for the vote.
Petitions
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board upheld the recommendation of the Property Appraiser and denied the following applications for homestead, which were to be heard between 9:00 a.m. and 9:45 a.m., and with the exception of the previous ones heard by the Board:
1990-5 Steven L. Allen 1990-6 George W. Ashby
1990-7 Steven Bacon 1990-8 Beverly Baker
1990-14 Mary E. Bergau 1990-15 Lola R. Bierlair
1990-17 Lisa Blomquist 1990-18 Mark & Janice Bove
1990-19 Timothy Paul Boyer 1990-20 Barbara J. Brandt
1990-21 Norma U. Britt 1990-23 Nancy Bush
1990-26 Donald F. Clark 1990-28 Orlin Clark
1990-29 Gerard Conway 1990-30 William H. Costello
1990-31 Howard R. & Carol A. Cote
1990-33 Pauline M. & J. C. Daugherty
1990-35 Lillie Mae Adams 1990-36 Tommy Abston
1990-37 Beulah Adams 1990-38 Josue P. Aguas Et Al
1990-40 James M. & Chris L. Andrews
1990-42 Eloise Bailey 1990-43 William F. Barton, II.
1990-45 Lester W. Baxter (Life Estate)
1990-46 Curtis Belcher 1990-48 Walloama Bente
1990-49 Donnie L. & Dawne K. Bentley
1990-51 Bertha Bowling
1990-52 Joanne & William C. Bragdon
1990-54 Carol Bridge 1990-57 Violet Buhite
1990-59 Edmund Burke 1990-60 Gerald & Clara Cameron
1990-62 Joseph J. Cangialosi 1990-63 Blanche Carter
1990-64 Floyd E. Catlin 1990-66 Diane E. Clark
1990-67 Richard J. & Celeste T. Clark
1990-70 Curtis E. Cothern 1990-72 Doreen E. Cox
1990-73 Audra Crane 1990-74 Ronald Crowningshield
1990-76 Dale A. Curry 1990-77 Pauline V. Dahncke
1990-79 George M. & Rita Daniels 1990-82 Edmundo Del Verme
1990-83 Donne Duca & Concetta Delle
1990-85 Myrna G. Deweese 1990-87 Gerald & Karen Dixon
1990-88 David A. Doan 1990-90 Alma Donecker
1990-95 Mary Duerner 1990-98 Lottie Davis Elbert
1990-99 Mark & Shelia Elkins
1990-101 Sam F. & Clara E. Evans 1990-102 Franklin R. Faine
1990-104 Laura Felton 1990-107 Mark E. & Wilma Fisher
1990-108 Robert Fisher 1990-110 James & Esther Flood
1990-111 John Folsom 1990-112 Robert E. Foster
1990-113 Arthur Frederickson 1990-114 Beverly A. Freeman
1990-115 Steven Frogge
1990-116 Leola Gamble (Life Estate)
1990-118 John Gay 1990-120 Kathryn M. Gibbons
1990-121 Richard D. & Charlene L. Gibson
1990-122 Michael J. Giddens 1990-123 C. R. Godfrey
1990-125 Arthur Goldwire (Life Estate)
1990-126 Gary Gorton 1990-127 Beatrice Gover
1990-128 David A. Graetz 1990-129 Chester F. Graham
1990-133 Charles Green 1990-134 Timothy W. Green
1990-137 Mary F. Hackney Et Al
1990-138 Jerry Hall & Nancy B. Jordan
1990-140 Otis L. Hammond 1990-141 Coralan Harris
1990-142 James Harris 1990-143 Michael D. Hatcher
Commrs. Bailey and Swartz were not present for the vote.
RECESS & REASSEMBLY
At 10:05 a.m., the Chairman announced that the PAAB Board would take a short recess.
Petition #1990-177 Madge R. Jones
Mr. Havill informed the Board that this involved a Contract for Sale, which was signed prior to January 1, 1990. He stated that the applicant did not close on the house until after January 1, 1990, and that the Contract for Sale is not a recordable instrument.
Ms. Madge R. Jones stated that the closing on the home did not take place until January 19, 1990.
On a motion by Dr. Smith, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Swartz was not present for the vote.
Mr. Havill stated that Ms. Jones will automatically receive homestead for next year.
Petition #1990-196 Charles K. Lewis, Sr.
Mr. Havill informed the Board that the date of occupancy on the homestead application indicated January 5, 1990.
Mr. Charles K. Lewis, Sr. appeared before the Board and stated that he was in the State of Michigan on January 1, 1990, and occupied his home on January 6, 1990.
Mr. Havill stated that Mr. Lewis will automatically have homestead for next year.
On a motion by Ms. Cowin, seconded by Commr. Bailey and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Swartz was not present for the vote.
Petition #243 Melvin Olson
Mr. Havill informed the Board of the renewal care for homestead was returned to his office indicating a change of address in Sarasota.
Mr. Melvin Olson appeared before the Board and stated that his mailing address had changed, but he has resided at the same address for six years.
Mr. Havill recommended that the Board approve the application for homestead.
On a motion by Commr. Bailey, seconded by Dr. Smith and carried, the Board approved the application for homestead, as recommended by the Property Appraiser.
Commr. Swartz was not present for the vote.
Petition #1990-377 Joseph W. and Rita Bourassa
Mr. Havill informed the Board that the homestead application should be approved, due to an error by his office, but that the disability request should be denied.
Joseph W. and Rita Bourassa were present to discuss the issue with the Board.
On a motion by Ms. Cowin, seconded by Commr. Bailey and carried, the Board approved the application for homestead and denied the disability, as recommended by Mr. Havill.
Commr. Swartz was not present for the vote.
Petitions
On a motion by Dr. Smith, seconded by Ms. Cowin and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the following applications for homestead, which were to be heard between 10:00 a.m. and 10:30 a.m., with the exception of the ones previously heard by the Board:
1990-145 Elsie W. Heier 1990-146 Frances L. Heinmiller
1990-148 Lillian Helfer
1990-149 Cecil H., Jr. & Debra L. Herline
1990-151 John A. Hiles 1990-152 Richard W. Holmes
1990-155 Eulalia Horsfall 1990-157 Joni Hudson
1990-158 Ella Mae Hurst 1990-159 Miriam P. Hutchinson
1990-162 Peter C. Hyzer 1990-163 Albert Jackson
1990-164 Colin E. Jandreau 1990-165 C. R. Javens
1990-166 Judith M. Jenkins 1990-168 Earl R. Jenks
1990-170 Charles & Lisa Johnson 1990-171 Mary Johnson
1990-172 Nora Lynn Johnson 1990-174 Lenwood Joiner
1990-175 Joseph Jones 1990-176 Lewis Jones
1990-178 Ralph E. Jones 1990-179 Scott Joy
1990-185 Roger & Delorise Kirkland
1990-187 Alfred & Dorothy Kloss 1990-188 David Koronik
1990-189 John & Rena Kosovich 1990-190 Catherine L. Kurman
1990-191 Michelle Land 1990-193 R. Clyde Layne
1990-194 George Lee
1990-197 Timothy C. & Judith Z. Lewis
1990-199 Maurice & Luz Lulo
1990-200 Randy & Tanis MacFarland
1990-201 E. Carl McCune 1990-202 Leroy Henry McClendon
1990-203 Terry McDaniel 1990-204 Delta R. McDowell
1990-205 William McDowell 1990-207 Nancy A. McGuire
1990-210 Sandra Ann McMillan 1990-214 Alfred Mann
1990-215 Eugene Mann 1990-217 Andrew H. Mapple
1990-220 Mary B. Mase 1990-221 Nellie Maxwell
1990-224 Teddy Messer
1990-225 Frederick P. & Charlotte Miller
1990-228 David D. & Nancy J. Moss
1990-230 Asdruble & Vernie Neace
1990-231 Betty L. Neaves 1990-233 Albert Netz
1990-234 Diana Neuhaus 1990-235 Ella Nicholls
1990-236 Richard Niles 1990-239 Hazel O'Conner
1990-240 Henry O'Steen 1990-242 Richard Oliver
1990-244 Oscar Olson 1990-245 Carol Osmolski
1990-246 Verna Overmiller 1990-247 Greta V. Parris
1990-248 Douglas Paulson 1990-249 David Pegues
1990-251 Robert Pezza 1990-252 Herman L. Phillips
1990-253 Lynn Poling
1990-254 Barry K. & Barbara Polk
1990-269 R. B. & Zella Ritchie
RECESS & REASSEMBLY
At 10:35 a.m., the Chairman announced that the Board would recess until 10:45 a.m.
Petition #1990-277 Richard E. Rupe, Jr.
Mr. Havill informed the Board that the Contract for Sale is dated December 28, 1989, but is not recordable, and the Deed is dated January 26, 1990, and is a recordable instrument, which means the applicant did not have title as of January 1, 1990. Therefore, Mr. Havill recommended denial of the application for homestead.
Mrs. Richard E. Rupe, Jr. appeared before the Board to discuss the application for homestead, with Mr. Havill stating that she will automatically receive homestead for next year.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petitions
On a motion by Ms. Cowin, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the following applications for homestead, which were to be heard at 10:45 a.m., with the exception of the ones that were previously heard:
1990-256 Phyllis Potter 1990-257 Lillian Cal Powell
1990-258 Stephen Provencher 1990-259 Betty Pyle
1990-261 Donald H. Railsback 1990-262 Carl Ranck
1990-264 Dorothy Ray 1990-266 Gracie L. Renew
1990-267 Leslie Reynolds 1990-271 Linda Robinson
1990-272 Roger E. Robinson & Edward Robinson
1990-275 Raymond P. Ross 1990-276 William V. Rudisaile
1990-280 Andrew Sabo 1990-282 Donald Sanforn
1990-285 George L. Scarbrough, Et Al
1990-286 Luke Scarmardo 1990-287 Peter Schmidt
1990-290 Edward Schoen 1990-291 Donna L. Schulz
1990-292 Hezekiah Scott
RECESS & REASSEMBLY
The Chairman announced that the Board would recess for a few minutes.
Petition #1990-405 George L. and Jean A. Gouin
Mr. Havill informed the Board that the date of occupancy on the application for homestead is January 2, 1990.
George L. and Jean A. Gouin appeared before the Board to discuss the application for homestead. Mr. Gouin stated that they got caught in a snowstorm coming from Rhode Island, and then had car trouble. The closing on the house was October 10, 1989. Mrs. Gouin stated that they stayed in Jacksonville on January 1, 1990.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board approved the application for homestead, based on the information supplied by the applicants.
Commr. Bailey was not present for the vote.
Petition #1990-398 James S. and Mildred French
Mr. Havill informed the Board that the date of occupancy on the application for homestead is January 2, 1990.
James S. and Mildred French appeared before the Board to discuss the application for homestead. Mr. French stated that they arrived here on December 31, 1989, but could not get their furniture until January 2, 1990, and therefore, spent the night in a Holiday Inn in Leesburg.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board approved the application for homestead, based upon the information supplied by the applicants.
Commr. Bailey was not present for the vote.
Petition #1990-47 William D. and Carolyn E. Bell (Continued)
Mr. William D. Bell appeared before the Board and requested to be heard once again on his application for homestead.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried, the Board approved to reconsider the above stated application.
Commr. Bailey was not present for the vote.
Mr. Bell informed the Board that the State does not require a
notary on the Contract for Sale.
Ms. Annette Star Lustgarten, County Attorney, stated that there is no State requirement that a Contract for Sale and Purchase has to be notarized, but a recordable document must be notarized and must be witnessed, in order to be recorded in the public records of the State. At this time Ms. Lustgarten reviewed the documents.
Mr. Bell stated that his wife has cancer, and the denial of the homestead exemption will cause a hardship on he and his wife.
Ms. Lustgarten stated that the title to the property was not vested as of January 1, 1990.
COMMISSIONERS
At 11:15 a.m., Commr. Bakich turned the Chairmanship over to Commr. Bailey.
Petition #1990-47 William D. and Carolyn E. Bell (Continued)
On a motion by Commr. Swartz, seconded by Dr. Smith and carried, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bakich was not present for the vote.
COMMISSIONERS
At 11:18 a.m., Commr. Bailey returned the Chairmanship over to Commr. Bakich.
Petition #1990-298 Susan S. Sheller
Mr. Havill informed the Board that the application for homestead was filed on March 2, 1990, therefore, the application was denied.
Ms. Susan S. Sheller appeared before the Board and stated that she was sick, and could not file in a timely manner.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board approved the application for homestead, based on the information provided by the applicant.
Petition #1990-371 George Henry Barrett
Mr. Havill informed the Board that there was no recorded title to the property.
Mr. George Henry Barrett appeared before the Board and stated that he was living in the house as of December 18, 1989, and presented a statement from 347 Corporation indicating that the paper work had been filed without the necessary instrument being recorded at the Courthouse. After review of the Deed, Mr. Havill informed the Board that the recorded date was July 27, 1990, but that the deed was not dated.
Ms. Annette Star Lustgarten, County Attorney, reviewed the deed and stated that it was not dated or notarized and witnessed, and that there was no proof of the document being recordable.
Mr. Barrett stated that he applied for homestead on February 6, 1990.
Ms. Lustgarten stated that the document is an Agreement for Deed, and was not recorded in a timely manner.
Mr. Barrett stated that he relied on the advise of the Property Appraiser's Office, and that, if he would bring in the information from the 347 Corporation, indicating that it was a mistake on their part, the denial would be overturned.
At this time, Mr. Havill suggested that the Board continue this issue until he can bring his employee from his office, who discussed this issue with Mr. Barrett.
On a motion by Ms. Cowin, seconded by Commr. Swartz and carried unanimously, the Board approved to continue the issue, as requested by Mr. Havill.
Petition #1990-434 Mary L. Reed
Mr. Havill informed the Board that the applicant moved to the property on February 1, 1990, therefore, was denied the homestead.
He stated that the applicant will automatically receive homestead next year.
Ms. Mary L. Reed was present to discuss the issue.
On a motion by Ms. Cowin, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petition #1990-371 George Henry Barrett (Continued)
On a motion by Ms. Cowin, seconded by Dr. Smith and carried unanimously, the Board approved to reopen this petition for discussion.
Mr. Barrett appeared before the Board once again and stated that he has been living on the property since December 18, 1989, and that the error was made by the 347 Corporation. He stated that he consulted with Mr. Pete Peebles, who indicated to him that, if he got a statement from the 347 Corporation indicating that it was their admission to the error, he would be granted his homestead exemption.
Mr. Pete Peebles, Property Appraiser's Office, appeared before the Board and stated that he informed Mr. Barrett that the statement would basically help his case before the PAAB Board.
Ms. Lustgarten stated that the instrument was recorded in July, 1990.
Commr. Swartz made a motion, which was seconded by Dr. Smith, to uphold the recommendation of the Property Appraiser and deny the application for homestead.
Ms. Lustgarten stated that Mr. Barrett needs to obtain a recordable deed and have it recorded prior to January 1, 1991, in order to receive homestead for next year.
The Chairman called for a vote on the motion, which was carried unanimously.
Pets. #1990-459 & #1990-460 Lake Community Development, Inc.
Mr. Havill informed the Board that the applicant filed for total exemption, not homestead. He stated that the problem is that the deed for the property is in the name of Randy Brasher. He further stated that Lake Community owned the property and then transferred the deed on September 25, 1990, to Mr. Brasher.
Mr. Jack Marotta, Lake Community Development, Inc., appeared before the Board and stated that the request is for exemption only for the time that Lake Community owned the property.
Mr. Havill stated that Lake Community Development, Inc. could not get the exemption for only part of a year, and that, unless you are a governmental entity, there is an exception made that, once the governmental entity obtains the property, the seller of the property pays taxes at the time of the closing from January 1 to July 31, and the taxes are relieved for the balance of the year, because it is then owned by a government agency. He stated that Lake Community Development does not qualify under these requirements.
Mr. Jack Marotta stated that Lake Community buys the property first and then divides it into lots. At this time, Mr. Marotta discussed the steps taken to transfer the title of the property to the lot owner.
Ms. Annette Star Lustgarten, County Attorney, stated that she understood that the applicant is seeking exemption based on charitable purposes, for a non-profit organization.
Ms. Cowin stated that the School Board has petitioned the legislation on this issue for the past three years.
Mr. Havill stated that the Board needs to determine whether or not this is a charitable organization.
Mr. Marotta stated that he was trying to find a way to exempt the taxes.
On a motion by Ms. Cowin, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for total exemption.
Petition #1990-385 Fred M. Castle
Mr. Havill informed the Board that the applicant filed for homestead on March 1, 1990; he has a Warranty Deed dated January 23, 1990; and an Agreement for Purchase and Sale dated prior to January 1, 1990, which is not recordable; and the applicant did not occupy the property until January 24, 1990. Mr. Havill further
stated that the applicant filed for a widower's exemption, with his wife passing away after January 1, 1990.
Mr. Fred M. Castle appeared before the Board and stated that he and his wife chose a lot and a home in the Plantation on October 18, 1989, with deposits being made for the purchase, with the promise that they could occupy the place by November, 1990. However, he and his wife returned to North Carolina, and contacted the seller, who indicated that they had to wait and 20-30 days, and were then told that they could not occupy the property until January, which he did so on January 26, 1990.
Mr. Havill stated that Mr. Castle will automatically receive homestead for next year.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petition #1990-446 Betty R. Stewart
Mr. Havill informed the Board that the applicant occupied the property within the time frame, but she did not get a deed until after January 1, 1990, and the Contract for Sale and Purchase is not recordable, which was dated December 5, 1989.
Ms. Betty R. Stewart was present with her realtor. At this time, additional documents were presented to the Board for review.
Ms. Annette Star Lustgarten, County Attorney, reviewed the two documents presented, and stated that, if the documents are combined, the intent would be met, and would be a recordable document.
On a motion by Dr. Smith, seconded by Ms. Cowin and carried unanimously, the Board approved the application for homestead, based on the documents and information presented by the applicant.
Petitions
On a motion by Dr. Smith, seconded by Ms. Cowin and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the following applications for homestead,
which were to be heard between 11:00 a.m. and 11:45 a.m., with the exception of the ones previously heard:
1990-293 Walter Scott 1990-296 Marie Shaner
1990-300 Virginia Simon 1990-301 Earl & Jean Simpson
1990-303 Roney K. Sleeth
1990-304 Charles H. & Peggy Smith
1990-306 Ebbie L. Smith 1990-308 Linda R. Smith
1990-309 Richard J. Speegle 1990-310 Margaret Spence
1990-312 James Steffen 1990-318 Amy Stubbs
1990-320 Roger & Patricia Suggs 1990-321 James Sullivan
1990-322 Grace Swaffar 1990-324 Johnnie Tadlock
1990-326 Harold & Lillian Tannenbaum
1990-327 Donna Taylor 1990-328 Thomas & Carol Taylor
1990-329 Guy C. Teetsel 1990-331 Ernest Thompson
1990-332 Renee & Wade Tompkins 1990-334 Marlon D. Torres
1990-335 Claudette Tortorano 1990-337 Henry Veit
1990-339 Brian & Beverly Volpone 1990-341 Barth E. Walding
1990-342 Dennis Leroy Wall
1990-344 Raymond & Barbara Walsh
1990-345 Rueben C. & Lutrell A. Weaver
1990-346 Nora V. Weller 1990-347 Gary White
1990-349 James Whitehead 1990-350 Dallas Whitehurst
1990-352 R. Ronald & Peggy Whittaker
1990-354 Annie C. Wilkes
1990-355 Hank & Sheila M. Williams
1990-356 Jackie K. Williams
1990-357 Jesse Williams, Jr., Et Al
1990-358 Mildred Williams 1990-360 Eugene L. Wing
1990-361 Mark E. Winters 1990-363 Larry G. Witt, Sr.
1990-365 Richard Woods 1990-366 James A. Wright
1990-367 Mark S. Young
1990-368 Robert & Margaret Zellefrow
1990-375 Mildred L. Blyton 1990-376 Charlotte I. Bohlen
1990-378 James E. Bowen 1990-379 Doreen Annie Bradford
1990-384 Mary Sue Carillo 1990-388 D. P. Conner
1990-390 George DeVanBrown 1990-394 Robert N. Eriksey
1990-395 Miguel Angel Escamilla
1990-396 Stephen A. & Lana J. Foster
1990-401 Marion M. Gerdsen 1990-402 Nancy Kim Gifford
1990-403 Chester Goble
1990-406 Roger D. Hendricks Et Al
1990-410 Essie Johnson Est. & William Woodbury
1990-411 Wesley Jones 1990-412 Kenneth Koby
1990-413 Donald & Joan Komatz
1990-414 Richard C. & Rose K. Laney
1990-416 Gail C. Leasure 1990-417 Eddy & Peggy Lee
1990-419 Robert & Jane Lippitt 1990-422 Wilbert P. Lom
1990-424 Iva Raye Lund 1990-426 Terri Michaels
1990-428 Charles J. Miller 1990-429 John T. Miller
1990-430 James K. Oxendine
1990-432 Robert H. & Gayle Pennington
1990-435 Joe Rimes 1990-440 William P. Shapard
1990-443 Joe W. Sizemore Et Al 1990-444 Jessie M. Smith
1990-457 Artis J. Brown
1990-463 James M. & Billie J. Thompson
1990-466 Andrew H. & Lee H. Brown
RECESS & REASSEMBLY
At 12:10 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m.
COMMISSIONERS
At this time, it was noted that Ms. Cowin would not be attending the afternoon session, due to her prior commitment to attend a School Board meeting, and Commr. Bailey was not be attending due to a prior commitment.
Petition #1990-629 Arthur T. Blundell
Mr. Havill informed the Board that the applicant was renting his unit in Rosewood Condominiums, and therefore, was denied his application for homestead.
Mr. Art Blundell appeared before the Board and stated that he moved to Fairview, in February, 1989, and inadvertently signed his renewal card and did not change his address for the record.
Mr. Havill stated that Mr. Blundell needed to physically come in an apply for the homestead exemption at his new address, and Mr. Blundell did not file for homestead at his new address.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Commr. Bailey was not present for the vote.
Petition #1990-472 Edward G. and Gladys I. Kelly
Mr. Havill informed the Board that the applicants filed for homestead on January 25, 1990, but did not indicate that they were resident aliens. He stated that Mrs. Kelly had a Pennsylvania drivers license at the time they filed, and Mr. Kelly had gotten his Florida drivers license at the end of December, 1989.
Mr. Edward G. Kelly appeared before the Board and stated that his wife now has a Florida drivers license, and that he and his wife do have green cards.
Mr. Havill recommended that the Board approve the application for homestead, subject to the Property Appraiser's Office getting a copy of the two green cards, and the Florida drivers license from Mrs. Kelly.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and approved the application for homestead,
subject to the Property Appraiser receiving the necessary documents.
Petition #1990-632 Arthur L. and Nancy S. Poe
Mr. Havill informed the Board that the 9-1-1 emergency system changed the address of the applicant, and the homestead should not have been denied, and therefore, recommended approval of the application.
Ms. Nancy Poe appeared before the Board to discuss the issue.
On a motion by Commr. Bailey, seconded by Ms. Cowin and carried unanimously, the Board upheld the recommendation of the Property Appraiser and approved the application for homestead.
Petition #1990-469 Carl Ferguson
Mr. Havill informed the Board that, on January 31, 1990, the applicant gave up his Florida drivers license for a North Carolina license.
Mr. Carl Ferguson appeared before the Board and stated that the reason he obtained a North Carolina drivers license was because he drives a truck leased to a company in North Carolina, and he is required to have one. He stated that he still resides in Lake County and is a member of the Elks Club in Leesburg.
Mr. Havill recommended that the Board approve the application for homestead, based on the information supplied by the applicant.
On a motion by Dr. Smith, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Property Appraiser and approved the application for homestead, based on the information supplied by the applicant.
Petition #1990-501 Milo Whitehill
Mr. Havill informed the Board that the applicant had applied for a widowers exemption, but that he presently lives in Zellwood, and therefore he was recommending denial of the application for homestead.
Mr. Milo Whitehill stated that he is not a resident of Lake County yet, but that he has the widowers exemption in Orange County.
Mr. Havill recommended that the Board uphold the recommendation of denial for homestead.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead, based on the information presented by the applicant.
Petition #1990-490 Joyce Ellen Powers
Mr. Havill informed the Board that the applicant no longer resides on the Howey property, and therefore, the Board should uphold the recommendation for denial.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petition #1990-659 Joyce Ellen Powers
Mr. Havill informed the Board that the application for homestead was made on the property in The Springs, which was approved. This denial is a duplicate of the above Howey property in Petition #1990-490, and therefore, should also be denied.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petition #1990-745 Paul E. Faircloth
Mr. Havill informed the Board that the applicant has a change of address, due to the 9-1-1 emergency system, and this application for homestead should be approved.
Mrs. Faircloth appeared before the Board to discuss the issue.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and approved the application for homestead.
Petition #1990-641 Ralph Connor
Mr. Havill informed the Board that the applicant is from the United Kingdom and filed for homestead, on which he indicated that he has an E2 Investor Visa, and did not need a green card. Mr. Havill stated that he consulted with his attorney on this issue,
who indicated that Mr. Connor should not be granted homestead exemption. Mr. Havill stated that he received a Letter of Opinion from his attorney, and forwarded a copy to Mr. Connor, which indicated that he was not of the opinion that Mr. Connor is a resident alien, and he does not qualify for homestead exemption, under the Florida Statutes.
Mr. Ralph Connor appeared before the Board and stated that no where in the Florida Statutes does it indicated the need for a green card. He further stated that he meets seven of the nine criteria listed, and at this time discussed his reasons for having been in Lake County for the past fifteen months. Mr. Connor stated that he presented the Letter of Opinion to an attorney for review, who indicated that he is a resident.
Mr. Havill stated that his attorney will be present for discussion on Thursday, and suggested that the Board postpone this issue until that time.
Ms. Annette Star Lustgarten, County Attorney, discussed the guidelines set forth for the Property Appraiser, and presented the definition of a permanent resident.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board approved to continue this issue until
September 27, 1990, at 9:00 a.m.
Commr. Bakich voted "no".
Petition #1990-636 Elizabeth S. Flynn
Mr. Havill informed the Board that the applicant did not have beneficial title to the property. Mr. Havill stated that an Agreement for Deed was recorded May 11, 1990.
Ms. Robin Parker appeared before the Board to discuss the issue, and stated that she did not file for homestead exemption.
Mr. Havill stated that Ms. Flynn did not receive homestead, due to selling the property to Ms. Parker, who in turn needed to come into his office to file for homestead. At this time, Mr. Havill recommended denial of the homestead exemption, and suggested that Ms. Parker pre-file for next year.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petition #1990-644 Armenda R. McDuffie
Mr. Havill informed the Board that the applicant deeded the property to David McDuffie, John McDuffie and Geraleen McDuffie in October, 1989.
Mr. David McDuffie appeared before the Board to discuss the issue.
On a motion by Dr. Smith, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead.
Petition #1990-652 Debria Jean McDuffie
Mr. Havill informed the Board that there was a question regarding back taxes on this application.
Mr. David McDuffie, father of the applicant, appeared before the Board to discuss the issue. He stated that he owns this property in question, which he transferred to his daughter, because of a divorce.
Mr. Havill stated that Ms. McDuffie filed for homestead exemption on this property, which is located in Leesburg, and also on her own property located in Eustis. Mr. Havill stated that she has fraudulently filed on both properties. He recommended that the Board go back to 1988 and back tax her, and deny the homestead on the Leesburg property, with Mr. McDuffie not being able to get homestead on his property until she deeds it back to him.
Mr. Havill stated that the back taxes would be approximately $1,000.00 for two years. At this time, Mr. Havill reviewed the Florida Statute pertaining to homestead fraud.
Commr. Swartz discussed the application made for homestead and the statements made by the applicant on the application, and felt that the back taxes are due.
Discussion occurred regarding the procedures used by the Property Appraiser in flagging such information where someone has filed more than one application.
Commr. Bakich stated that, if the understanding of the issue was not intentional, he did not have a problem waiving the back taxes.
On a motion by Commr. Swartz, seconded by Dr. Smith and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the application for homestead, and approved for the back taxes for one year to be paid on this property.
Commr. Bakich voted "no".
Petitions
On a motion by Dr. Smith, seconded by Commr. Swartz and carried unanimously, the Board upheld the recommendation of the Property Appraiser and denied the following applications for homestead, which were to be heard between 2:00 p.m. and 2:15 p.m., and excluding the ones heard previously:
1990-468 Curtis & Laura Craig 1990-473 Alphonse T. La Rosa
1990-475 Charles F. Mitchell 1990-476 Timothy Munroe
1990-477 Brian Keith Nelson 1990-478 Thomas F. O'Brien
1990-482 Juan C. Rodriquez 1990-483 Kathryn Ellen Terry
1990-484 Idris D. Voldness 1990-485 William D. Wilburn
1990-486 Everett L. & Frances M. Wiley
1990-487 George C. Moore & Judy P. Culberhouse
1990-491 Ruby P. Saunders 1990-492 Wm. Randolph Matheny
1990-493 Linwood L. & Barbara A. Brannon
1990-494 Eddie W. Eberhardt 1990-495 Betty Lou Furnas
1990-498 Larry G. Meeler 1990-499 Wilma A. Schweigler
1990-630 Ralph H. Bromwell 1990-633 George & Minnie Thomas
1990-634 Lorene A. Wintrow 1990-635 Harold J. Ratigan
1990-637 Earl L. & Ann Drawdy 1990-638 Dorothy R. Brookshire
1990-640 Eben E. & Dorothy J. Alspaugh
1990-642 Howard W. Dickinson 1990-643 Brenda Herring
1990-646 Mary Davis Wright
1990-648 David P. & Deborah S. Batman
1990-650 Margaret C. Lewis (Life Estate)
1990-651 Landon B. Maxey, Jr. 1990-654 Ramon & Gloria Montijo
1990-655 Sue K. Mullen 1990-658 Clarence Petree
1990-660 Stewart A. & Ruth E. Rouse
1990-661 John M. Toth 1990-662 Claron D. Wagner
1990-663 Earl D. Wise 1990-664 Gary & Judy Fanta
1990-665 David A. & Mary E. Fennell
1990-666 Wayne E. Gessner
1990-667 Albert & Janet Goldberg
1990-668 Charles A. & Judith D. Joiner
1990-669 Charles E. & Myrtle M. Barta
1990-676 George R. Young 1990-678 Willie Singleton
1990-679 Octavia C. Potter 1990-680 Armenda R. McDuffie
1990-746 Alfred & Carole Friedrich
1990-748 Sharon R. Silas 1990-749 Willie M. White There being no further business to be brought to the attention of the PAAB Board, the meeting adjourned at 3:15 p.m.
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMA/10-11-90/boardmin/PAAB 9-25-90
The Lake County Board of County Commissioners met in special session on Tuesday, September 25, 1990, at 5:05 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; and Richard Swartz. Others present were: Annette Star Lustgarten, County Attorney; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Mike Anderson, Director of Capital Improvements; and Sandra Carter, Deputy Clerk.
Ms. Eleanor Anderson, Director of Administrative Services-Budget, for the County, appeared before the Board and noted changes which had been made from the original budget, which was presented at the September 10, 1990 meeting.
Mr. Guy Maresca, a local resident, appeared before the Board questioning why it cost the taxpayers of Lake County $366,000.00 more, per year, to prepare the budget and run the Finance Department, since this Board was elected.
Commr. Bakich responded, stating, with the way the system was set up, prior to this Board being elected, the Clerk had those responsibilities, as well as the responsibility of running his own office, as a constitutional officer, however, it was the opinion of this Board and the County Manager, Mr. Al Thelen, to separate those two functions and provide its own office of Management and Budget, so that they would have the ability to use funding for said offices to the Board's benefit, without encumbering the Clerk's Office and its personnel.
Commr. Swartz stated the Clerk and his personnel performed a valuable task, in running the Finance Office and preparing the budget in the past, however, in order to have done the operations which this Board required, in managing this budget during the course of the year and preparing the budget which is presently
before the Board, would have required the Clerk to have added personnel in order to accomplish the task. He stated the budget, as it is presently prepared, is much easier for the Board to follow and understand, as well as for Department Heads, who now have the responsibility of monitoring their own budgets, noting that in the past they did not.
Mr. Maresca then discussed the operation of the Jail, stating the Board had stated they were taking over the operation in order to save the County money; however, since taking it over, the budget has increased by $204,000.00, and the addition of three new Jail employees has cost the County $79,000.00 yearly, aside from the $204,000.00 increase. He stated the Board also hired a new Jail Administrator, with a yearly salary of $60,000.00 ($20,000.00 a year higher than the previous Administrator's salary). He stated, even though the previous Jail Administrator, Captain Gary Borders, ran the Jail efficiently and without incident, the Board decided he was uncapable of doing the same under their direction. He stated this does not add up to a savings, which the Board had stated they would do.
Commr. Bakich responded, stating no one had ever questioned the job that Captain Borders was doing - that was not the reason for going with a change, and, over time, feels the County will show a cost savings to the taxpayers, in having taken over the Jail. He stated, like with any new venture, there are startup costs, which is what the County incurred when they took over the Jail.
Commr. Swartz stated the Board has a higher respect for Captain Borders and his ability, since taking over the Jail; however, one of the reasons they felt they needed to have a new Jail Administrator was due to the fact that there is going to be a tremendously increased responsibility over the next couple of years in two different areas, being (1) the impact of the number of employees to be supervised in the new facility and (2) the increase in the number of programs which the Board hopes to put into the facility, to allow the County to recoup some of the costs involved
with it. He stated the Board felt they needed someone with more hands-on and indepth experience in handling these matters, than what Captain Borders has, noting that he will gain it in time.
Mr. Ralph Roberts, with the Sheriff's Advisory Committee, appeared before the Board concerning a request from the Sheriff's Department for eight additional deputies. He distributed a packet of petitions, in support of said request, as it is felt the additional deputies are badly needed.
Commr. Swartz brought up for discussion the matter of the MSTU for Greater Hills, stating the County Attorney, Ms. Lustgarten, since the last public hearing regarding same, had researched the issue relative to whether or not funds from the MSTU, as it is currently in place, by ordinance, could be used to cover the operation and maintenance of all the common areas, including recreational, street lights, sidewalks, landscaping which occurs within those common areas, and stormwater drainage.
Ms. Lustgarten, County Attorney, informed the Board that recreational facilities can be funded by ad valorem taxation raised in an MSTU. She stated this is approved by the Board, annually, during the course of their budget year. She noted, however, that the millage, as it is proposed this year, is limited to street lighting, retention areas, and drainage, based on information which was provided to the County Budget Director from Greater Hills.
Mr. Bob Mandel, President of Greater Construction Corporation, appeared before the Board requesting that language to the affect of "and other common area maintenance, including recreational facilities and improvements" be inserted in the resolution adopting a final millage rate for FY 1990-91, for Lake County, under Section 3, concerning the Greater Hills MSTU, after the word "drainage".
It was noted that said request would be consistent with the MSTU ordinance, and would not affect the budgetary aspects of the money.
It was the consensus of the Board to add said language.
Sheriff Knupp appeared before the Board and requested them to reconsider his request for eight additional deputies. He also discussed the matter of the fuel budget for the Sheriff's Department, noting that the Board had cut it by $15,800.00. He stated he now needs said funds back, due to the ongoing crisis in the Middle East. He stated they have already used a portion of the $50,000.00 in their Contingency Fund, to purchase fuel for their vehicles this year, noting that he will probably have to do the same again during the next fiscal year, however, should they run short, they will need to come back before the Board for additional funding, at that time.
Mr. James C. Watkins, Clerk, interjected that he felt it would be very appropriate, with respect to the gasoline issue involving the Sheriff's Department, to use the same type of formula once used during a time when allocations were made as to who could and could not have fuel, noting that Law Enforcement took top priority. He stated funding for same could be taken from the Contingency Account.
Commr. Swartz stated he felt it would be prudent for the Board, when they get to the point where they are considering any changes to the budget, for the Sheriff, to (within their Operations line item) budget an additional Contingency reserve for fuel, which he figured would amount to approximately $50,000.00, noting he would make a motion to do so, when they get to that point in the meeting.
Discussion continued regarding the Sheriff's budget, at which time Commr. Bakich stated he was supportive of adding more deputies, as he felt the request was warranted, to which Commr. Gregg concurred, noting he would even be willing to compromise and offer four deputies, at this time.
Commr. Gregg then made a motion to approve funding for the hiring of four deputies, for the Sheriff's Department, to which Commr. Bailey stated he would second the motion, for discussion purposes, however, would not support it, although he would be
willing to revisit the issue at some point during mid-year, if the County is able to find additional revenue.
Commr. Bakich stated, should Commr. Gregg's motion fail, he would like to see the Board consider approving the four positions, for the Sheriff's Department, at mid-year. He stated he felt there were some other positions which could be cut from this budget, that are less important than deputies, such as the Bicycle Coordinator, at which time Commr. Swartz stated said position is funded out of the County Transportation Trust Fund and has no impact, whatsoever, on the Sheriff's budget - it comes from funds that cannot be appropriated and moved into the General Fund.
Commr. Swartz stated if he was not faced with considerable concern over budgetary revenue shortfalls and increases over cost, he would vote to give the Sheriff the four positions he is requesting, however, would be willing to, mid-year, should the Board (1) find they estimated conservatively and (2) are able to put into place revenue from the unincorporated area of the County, vote to give the Sheriff said positions, even though he was not sure that four would be adequate. He stated he would be willing to make a motion to take the position that is scheduled to come in at mid-year, for Purchasing, and, instead, just review it at mid-year, under the same circumstances which he alluded to earlier. He stated that, secondly, he would be willing to take the $453,000.00, which the Board currently has in the General Fund for purchasing equipment, and sequester half of it, for purchases only, during the first half of the year.
Further discussion occurred regarding the matter, at which time Commr. Gregg noted the Sheriff has the right to go to the Governor and the Cabinet and challenge the Board's decision, regarding his budget, and wanted to remind the Board of legal costs (which he estimated would be in the neighborhood of approximately $40,000.00) and time, which would be spent fighting the issue, that could be spent in doing more productive things. He reiterated the
fact that he felt adding four additional deputies was a reasonable request and should be approved.
The Chairman called for a vote on Commr. Gregg's motion, which was a split vote, with Commr. Bailey and Commr. Swartz voting "No".
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to establish a line item within their Operations Account, for Fuel Contingency for the Sheriff's Department, and reduce the General Fund Contingency Account by $50,000.00, allocating said amount into the Fuel Contingency Account for the Sheriff's Department.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to remove from the budget the position which was scheduled at mid-year, for the Purchasing Department, and transfer said allocation to the County Fund Contingency, and that said position be considered at mid-year, rather than funded at mid-year.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to sequester one-half of the $453,000.00 which is allocated for general equipment item purchases, vehicles, furniture, etc., and, unless the County Manager comes to the Board with a specific request, based on a documented need, not spend it, until it is reviewed at mid-year.
A motion was made by Commr. Swartz to reconsider the request by the Sheriff for additional personnel, at mid-year, during budget review.
The motion died for lack of a second.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved amendments to the resolution adopting a final millage rate for Fiscal Year 1990-91, as indicated by the County Attorney, Ms. Annette Star Lustgarten.
At this time, the Director of Administrative Services-Budget, for the County, noted the percent increase in millage over the Roll Back Rate for the County, as follows:
% INCREASE
(DECREASE) CERTIFIED TENTATIVE OVER
ROLL BACK MILLAGE RATE ROLL BACK
COUNTYWIDE
General 4.76 4.938 3.739%
MSTU
Greater Hills N/A 4.000 N/A
SPECIAL TAXING DISTRICTS
Northlake County 0.860 1.000 16.279%
Hosp. Dist. (West)
Northlake County 0.960 1.000 4.160%
Hosp. Dist. (East)
Northwest Lake 0.220 0.223 1.363%
Hosp.-Ambulance
Northeast Lake 0.220 0.223 1.363%
Hosp.-Ambulance
On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution (No. 1990-107) adopting a final millage rate for Fiscal Year 1990-91, as read in full.
On a motion by Commr. Bailey, seconded by Commr. Swartz and carried unanimously, the Board approved a resolution (No. 1990-108) adopting a final budget for Fiscal Year 1990-91, for Lake County, as read in full.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution (No. 1990-109) of the North Lake County Hospital District of Lake County, adopting a final millage rate for Fiscal Year 1990-91, as read in full.
On a motion by Commr. Swartz, seconded by Comm. Bailey and carried unanimously, the Board approved a resolution (No. 1990-110) of the Northwest Ambulance District of Lake County, adopting a final millage rate for Fiscal Year 1990-91, as read in full.
On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved a resolution (No. 1990-111) of the Northeast Ambulance District of Lake County, adopting a final millage rate for Fiscal Year 1990-91, as read in full.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved a resolution (No. 1990-112) of the North Lake County Hospital District of Lake County, adopting a final budget for Fiscal Year 1990-91.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution (No. 1990-113) of the Northwest Ambulance District of Lake County, adopting a final budget for Fiscal Year 1990-91.
On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a resolution (No. 1990-114) of the Northeast Ambulance District of Lake County, adopting a final budget for Fiscal Year 1990-91.
Commr. Bakich thanked Ms. Anderson and her staff for a job well done in preparing a budget which was easily read and understood. Ms. Anderson, in turn, thanked the Clerk's Finance and Data Processing staff for their help in preparing the budget.
On a motion by Commr. Gregg, seconded by Commr. Bailey and
carried unanimously, the meeting adjourned at 6:35 p.m.
____________________________
MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
__________________________________
JAMES C. WATKINS, CLERK
SEC/9-25-90/9-26-90.BCC
The Lake County Board of County Commissioners met in special session on Tuesday, September 25, 1990, at 6:40 p.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Don Bailey; and Richard Swartz. Others present were: Annette Star Lustgarten, County Attorney; Ava Kronz, Assistant to the County Manager; Mike Anderson, Director of Capital Improvements; and Sandra Carter, Deputy Clerk.
GRANTS/LIBRARY SERVICES/HEALTH & GENERAL SERVICES
STATE AGENCIES
Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board and explained this request.
It was noted said application had to be submitted by October 1, 1990, thus, the reason behind the request for approval this date.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on a grant application for State aid monies for Fiscal Year 1990-91.
ACCOUNTS ALLOWED/GRANTS/HEALTH & GENERAL SERVICES
STATE AGENCIES
Mr. Lonnie Strickland, Director of Health & General Services, appeared before the Board and explained this request.
It was noted said application had to be submitted by October 1, 1990, thus, the reason behind the request for approval this date.
On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved and authorized proper signatures on a grant application for State funding, for transportation of the disadvantaged, in the amount of $85,411.00.
ACCOUNTS ALLOWED/BIDS/CONTRACTS, LEASES & AGREEMENTS
ELECTIONS/FIRE PROTECTION
Ms. Eleanor Anderson, Director of Administrative Services-Budget, for the County, appeared before the Board and explained this request, stating the County had sent RFP's to eleven local banks and leasing companies, however, had only received one response, from Liberty National Leasing Company.
Commr. Bakich interjected that he had spoken with several of the banks and they stated that the time frame in which they had to respond to this request was entirely too short, thus, the reason for only one submittal, which Ms. Anderson alluded to. He stated the banks had asked that, in the future, staff allow them more time to respond to such matters.
Commr. Gregg questioned Mr. Jim Schuster, Director of Finance, as to what he thought about the interest rate quoted by Liberty National, at which time Mr. Schuster stated he was very impressed with it.
Ms. Annette Star Lustgarten, County Attorney, informed the Board that she was still reviewing the agreement, pertaining to this request, as they had just received it, however, noted there will be some minor changes to it.
On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved and authorized proper signatures on a resolution and agreement (with Liberty National Leasing Company), regarding a request to purchase voting machines for the Elections Office ($265,000.00 - FY 1989-90) and fire equipment for Fire Protection ($411,000.00 - FY 1990-91), for a total loan amount of $676,000.00.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:45 p.m.
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MICHAEL J. BAKICH, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK
SEC/9-28-90/9-25-90.BCC