A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 19, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, March 19, 1991, 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: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Bakich.

MINUTES

Discussion occurred regarding the Minutes of February 19, 1991 (Regular Meeting), with the following corrections being made:

Page 13, Line 30 - the name "Vann" was changed to "Vanning".

Page 35, Line 9 - insert "Commr. Gregg was not present for the vote".

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved the Regular Minutes of February 19, 1991, as amended.

Discussion occurred regarding the Minutes of February 26, 1991 (Special Meeting), with the following corrections being made:

Page 21, Line 4 - insert "Commr. Hanson was not present for the discussion or vote".

Page 5, Line 11 - the name "Basil" was changed to "Hart".

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Special Minutes of February 26, 1991, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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



Accounts Allowed



Request for payment of Warrant No. 132733 through Warrant No. 133091, for the following accounts:



County Transportation Trust Landfills

Countywide Fire District General Revenue

Mosquito Control Aquatic Weed

Miscellaneous/Gas Fund Capital Outlay

Bassville Fire District Private Industry Council

Law Library Pasco Fire District

Animal Shelter Trust Fund Mt. Plymouth Fire District

Northeast Hospital Countywide Library

Commissary Trust Fund Northwest Fire District

Paisley Fire District South Lake Fire District

Road Impact Northeast Ambulance

Northwest Ambulance



Accounts Allowed



Request for Clerk's fees for Criminal Court billings, Uniform Support billings, and Juvenile Division billings.



Accounts Allowed



Request to approve list of items (6) to be deleted from Fixed Assets, for the month of March, 1991, in the amount of $33,202.07.



Accounts Allowed/Assessments



Request to approve and authorize proper signatures on the Satisfaction of Assessment Liens for the following:



Harbor Shores/Pine Island



William & Bobbie J. Morgan $553.36





Highland Lakes



Marshall H. Gaard $811.67

Mt. Plymouth Subdivision



Gregory C. Sheets & Pamela A. Sheets $572.46

Gregory C. Sheets & Pamela A. Sheets $575.00



Haines Creek Heights



James W. & Doris H. Green $962.78



Allen Road



Samuel E. & Anita J. Davis $1,015.45

Crescent View Development



James P. & Candice Merting $2,392.81



Lake Junietta



Ronald L. Weltmer $601.70



Dora Park Estates



James R. & Kathleen K. Hix $574.44



Crest Haven Addition



Clyde L. & Hazel H. Rosel $886.67



Silver Lake Park/Oveson



Ernest & Tokiko Engelhardt $358.40

Ernest & Tokiko Engelhardt $518.63

O. H. & Adelaide M. Roberts $799.33



Hilltop Subdivision



Buford Eugene & Patricia C. Fuller $629.99



Courts-Judges/Accounts Allowed



Satisfaction and Release of Fine, Code Enforcement Fine No. CEB-94-90, Donald Downing, et al, in the amount of $2,115.00.



Accounts Allowed/Reports



Request to acknowledge receipt of monthly distribution of revenue from Traffic/Criminal Cases, month ending February 28, 1991, in the amount of $131,719.22.



Reports/Public Health



Request to acknowledge receipt of the 1990 Edition of the District III Health Plan, prepared and published by the North Central Florida Health Planning Council, Inc.



Audits/Ambulances-Hospital Districts



Request to acknowledge receipt of the audited financial statements for Lake County Health Care Systems, Inc., now known as Waterman Health Care Systems, Inc., Waterman Medical Center, Inc., Lake Care Systems, Inc., and Waterman Memorial Hospital Association, Inc., for filing with the tax district or other county use.



COUNTY MANAGER'S CONSENT AGENDA



Tab 2 was pulled prior to the meeting, and Commr. Bailey requested that Tab 21 be pulled for the purpose of discussion.

On a motion by Commr. Gregg, seconded by Commr. Hanson and

carried unanimously, the Board approved the following requests, with the exception of Tab 2 and Tab 21:

Administrative Services-Budgets/Bids



Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes as follows:

(2) Award Bid and Encumber Funds:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) County Attorney Intel-I-Comp Inc.

Novell based computer system.

Bid # 033-250-091.

$ 11,994.00
(2) Planning and Development Vann Gannaway Chevrolet, Inc.

1990 Chevrolet Celebrity Wagon.

Bid # 044-070-091.

$ 10,500.00
(3) Public Works -

Parks and

Recreations

Abel Playground Installers.

Picnic and playground equipment for Marsh Park.

$ 1,900.00
(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections Harrison Uniform Co.

Uniform jackets, spruce green for Corrections officers.

$ 3,314.10
(2) Health and General Services Morgue 27 cu./9.77 cu.

36 x 36 x 69, freezer/refrigerator.

est $ 1,800.00
(4) Encumber Funds Previously Authorized:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Environmental

Services -

Solid Hazardous

Waste

Ogden Martin Systems of Lake, Inc.

Payment for October 1, 1990 thru September 30, 1991 on Resource Recovery Facility.

Contract # P-183.

$5,855,978.12
(5) Approve Other Payments and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Public Works -

Engineering

Dell Computers.

Dell 333D computer system, mouse and printer.

State Contract # 250-040-091.

$ 7,160.00
(6) Approve Services That Do Not Require Bid or Quotes and Encumber Funds:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) BCC - Administrative

Services -

Risk Management

Arthur J. Gallagher & Company.

Works comp excess audit/report for period October 1, 1989 - October 1, 1990.

$ 20,918.00
(2) BCC - Administrative

Services -

Risk Management

Florida Department of Labor.

Assessments for the period of October 1, 1989 thru September 30, 1990. Penalty equal to 10% of assessment.

$ 2,006.12
(3) BCC - Capital

Improvements -

Criminal Justice

Florida Power.

Utilities for Criminal Justice Facility.

$ 19,000.00
(4) Public Works -

Road and Bridge

Leesburg Ford New Holland.

Blade, bar, gear box and shipping, stock parts.

$ 1,344.46

Accounts Allowed/Communications



Request to acknowledge receipt of a rate increase of $3.20 for Friendship Cable, which became effective March 1, 1991.



Accounts Allowed/Grants/Landfills/Municipalities



Request by the Solid and Hazardous Waste Management Division for authorization to encumber and expend funds to the Cities of Clermont, Howey-in-the-Hills and Tavares the first quarter Fiscal Year 1990/91 recycling grant reimbursements, in the amount of $14,012.09, from State reimbursement monies recently received by the County.



Accounts Allowed/Resolutions/Grants



Request approval of a resolution establishing the Hazardous Materials Inspection Grant Fund, in the amount of $8,632.88, and authorizing the appropriation and expenditure of this revenue.



Accounts Allowed/Health & General Services/Municipalities



Request by the Public Safety Division to encumber funds and pay Lake Generator Service for repair and replacement of parts on the control and wiring mechanism of the generator, which is the emergency power supply for the Leesburg Tower, in the amount of $1,931.05.



Accounts Allowed/Subdivisions



Request to release a Certificate of Deposit, in the amount of $13,943.00, for maintenance of Grand Terrace Subdivision.



Subdivisions/Planning & Development



Request for preliminary plat approval of Lake Lucy Subdivision. (11 lots in District 3)



Subdivisions/Planning & Development



Request for preliminary plat approval of The Oranges, Phase II. (73 lots in District 3)



Subdivisions/Planning & Development



Request for preliminary plat approval of The Deer Island Club. (288 lots in District 3)





Accounts Allowed/Bonds/Subdivisions/Resolutions



Request for final plat approval of Royal View Estates, accept a maintenance bond, in the amount of $7,549.00, and accept the following roads into the County Maintenance System: extensions of Katherine Court (3-1145F) and Nicholette Court (3-1145E).



Right-of-Ways, Roads and Easements



Request to accept non-exclusive easement dedications:



Sec. 30, Twp. 22, Rg. 24 - District #2



Wesley Kane Crawford and Carrie Crawford Norris



Sec. 28, Twp. 21, Rg. 25 - District #2



Henry Joslin



Sec. 27, Twp. 26, Rg. 34 - District #5



Frontline Properties



Subdivisions/Planning & Development



Request to acknowledge receipt of the Preliminary Draft Gopher Tortoise Management Plan for Plantation at Leesburg Development of Regional Impact.



Accounts Allowed/Contracts, Leases & Agreements/Resolutions State Agencies



Request to execute a Railroad Reimbursement Agreement and Resolution with the Florida Department of Transportation for one-half of the annual maintenance cost at Round Lake Road Crossing, and to encumber and expend funds, in the amount of $490.00 per year.



Municipalities/Public Works



Request from the City of Fruitland Park to close Shiloh Street (#1-5907) from Dixie Avenue to College Avenue, and to close the intersection of College Avenue and C-466A (Miller Street) from 10:00 to 11:00 a.m. on Saturday, May 4, 1991, for Fruitland Park Day.



Subdivisions/Public Works/Signs/Resolutions



Request to post 25 m.p.h. signs on Wolfbranch Lane (#4-4683A) at the entrance of Wolfbranch Estates.



Deeds/Right-of-Ways, Roads and Easements



Request to accept the following right-of-way deed:



For Lot Approval



Henry E. and Frances A. Joslin - Libby No. 3 Road - #2-2233, South O'Brien Road - #2-2227.



Roads-County and State/Public Works



Request to release the following Murphy Act State Road Reservations:



Joseph A. and Mary A. Stubits - Mt. Plymouth, Section "A" area, reserve 40 feet from centerline on C-435; reserve 25 feet from centerline on Tifton Street.



Leo P. and Nancy P. Steinmetz - Carlton Village, Sections 11 and 14, reserve 25 feet from centerline on Parkinsonia Street, Elm Street and Illicium Lane.



Patricia R. Mueller - Carlton Village, Sections 11 and 14, reserve 25 feet from centerline on Parkinsonia Street, Elm Street, Illicium Lane and Holly Hill.



Road Closings - Permission to Advertise



Request to advertise Vacation Petition No. 641 by Greg Stubbs, Director of Current Planning, to vacate Emerald Greens, Phase II Plat, Leesburg area, District 1.



Road Projects



Request to accept a maintenance map on C-561 for a pending road project.



RESOLUTIONS/ROADS-COUNTY & STATE/SIGNS



On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to post "No Trespassing" signs on the County property located at Highway 19/27 and the Toll Road, with the Chairman notifying the Benzel Ski School, by letter, of the action taken.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/INSURANCE

Mr. Gerald Jacobs, Risk Manager, appeared before the Board to present the request involving the renewal of insurance contracts.

Mr. Jacobs stated that claims experience has been slightly better than last year despite a national medical inflation rate of about 20%. However, due to national trends, the reinsurance rates have been increased by 40%. Mr. Jacobs stated that approximately $150,000.00 in reinsurance premiums could be saved by raising the self-insurance retention from $50,000.00 to $100,000.00 per person, and an additional $21,000.00 could be saved by not purchasing Aggregate Stop Loss.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the Group Insurance Contracts Renewal, as of April 1, 1991, and the Vision Plan Renewal, as of May 1, 1991, including revising the medical

reinsurance level to $100,000.00 per person and omitting aggregate reinsurance.

AMBULANCES-HOSPITAL DISTRICTS/FIRE PROTECTION/RESOLUTIONS

Ms. Eleanor Anderson, Executive Director of Management/Budget, appeared before the Board to explain the request to adopt a supplemental budget through a Resolution for the fire and ambulance districts.

Mr. Al Thelen, County Manager, reported that he has looked into the possibility of funding by a loan or lease purchase for equipment that is to be provided to the appraiser's office, in the amount of $104,000.00. Mr. Thelen stated that, after reviewing this possibility, he is recommending that the equipment be paid for now rather than create interest charges that would be greater than the interest return.

Mr. Jim Schuster, Director of Finance, appeared before the Board to express his concern that there could be problems in resolving cash flow problems in October, November and December, if the Fund Balance is reduced as recommended above, with Ms. Anderson responding that her analysis shows that the cash flow will be available, once the fire districts are consolidated.

At this time, further discussion occurred regarding the fire and ambulance districts.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the supplemental budgets and Resolution for the fire and ambulance districts.

COMMUNICATIONS/CONTRACTS, LEASES AND AGREEMENTS

Mr. Hubert Jacques, Lake Hills Utilities, Inc., appeared before the Board to address the appeal of the decision to void the cable system license agreement between Lake County and Lake Hills Utilities, Inc., dated February 7, 1987.

Mr. Jacques stated that, at this time, Lake Hills Utilities, Inc. is in total compliance with the contract, and requested the Board's approval to appeal the decision to void the contract and transfer the assets to Metrovision, Inc.

Mr. Swartz expressed the concerns voiced by residents of Greater Hills, stating that he would like to postpone the transfer of franchise, until he has had an opportunity to meet with the Homeowner's Association to review the services that are to be provided.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request from Lake Hills Utilities, Inc. to accept the staff recommendation for appeal of the cablevision agreement, postponing the decision to transfer the cablevision franchise from Lake Hills Utilities, Inc. to Metrovision, Inc. until further review.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/FINANCE

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board approved the request for an agreement with Ms. Beth Harvey to provide programming services for the County Revenue Division non-ad valorem tax program, on an hourly basis not to exceed $22,000.00.

Commr. Bailey was absent for the vote and discussion.

CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

Mr. Don Findell, Director of Environmental Services, appeared before the Board to present the request for authorization to negotiate a contract with Laidlaw Environmental Services to collect and properly dispose of hazardous waste.

Discussion occurred regarding the recycling of household batteries, the collection of used tires, and the need to inform the public of the collection process.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved the request for authorization to negotiate a contract with Laidlaw Environmental Services to collect and properly dispose of hazardous waste from households, small quantity generators, and conditionally exempt small quantity generators.





CONTRACTS, LEASES & AGREEMENTS/FAIRGROUNDS

Mr. Lonnie Strickland, Director, Health and General Services, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the request for an amendment to the existing Agreement extending the time frame to March 31, 1991, and a new Agreement, effective April 1, 1991, between Lake County and Lake Ag and Youth Fair for Ms. Betty Dittman to provide administrative and management services, with proper signature on same.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/HEALTH DEPARTMENT/BIDS

Mr. Lonnie Strickland, Director, Health and General Services, appeared before the Board to present the request for a contract between Lake County and Scheveling Construction for the construction of the new County Public Health Unit building on Woodlea Road.

Mr. Thelen stated that the major delay in presenting the contract for bid, which was awarded in November, has been with the water and sewer facilities.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request to execute the contract between Lake County and Scheveling Construction for the construction of the new County Public Health Unit building on Woodlea Road, and to encumber and expend funds, in the amount of $331,466.00.

ACCOUNTS ALLOWED/GRANTS/LIBRARIES

Mr. Lonnie Strickland, Director, Health and General Services, appeared before the Board to present the request for approval to apply for four (4) Library Services Construction Act Grant proposals for Fiscal Year 1991/92.

Mr. Strickland stated that the four grants are Extension Services ($25,000.00); Literacy Program - User Recruitment

($18,790.00); Library Management ($5,760.00); and Extension Services - Roving Librarian ($28,530.00).

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the request to apply for four (4) Library Services Construction Act (LSCA) Grant proposals for Fiscal Year 1991/92, in the amount of $78,080.00, with authorized proper signatures on same.

GRANTS/PUBLIC HEALTH

Mr. Lonnie Strickland, Director, Health & General Services, appeared before the Board to present the request to rescind the federal Anti-Drug Abuse Act grant application.

Mr. Strickland stated that a concerted effort was made by the School Board, Sheriff's Department, and staff to implement a program into the schools; but, due to the fact that they were unable to establish a working committee during the first six (6) months, they are unable to meet their objectives.

On a motion by Commr. Bakich, seconded by Commr. Swartz and carried unanimously, the Board approved the request to rescind the application for the Anti-Drug Abuse Act grant application for Fiscal Year 1990-91.

GRANTS/PUBLIC HEALTH

Mr. Lonnie Strickland, Director, Health and General Services, appeared before the Board to present the request for authorization to file the Certification of Participation for the 1991-92 federal Anti-Drug Abuse Act grant funds.

Commr. Hanson made a motion, which was seconded by Commr. Bakich, to approve the request for signature on the Certification of Participation for the 1991-92 federal Anti-Drug Abuse Act grant funds.

Under discussion, Commr. Swartz suggested authorization be given to the Chairman to draft a letter to the municipalities asking that participating municipalities share in the 25% cash match required.

Commr. Hanson and Commr. Bakich approved to include Commr. Swartz's suggestion in the motion.

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

FIRE PROTECTION/BIDS

Mr. Al Thelen, County Manager, appeared before the Board and stated a decision has been made regarding who will do the contracting on the Plantation Fire Station, and, at this time, he requested that the Board reject the bids previously received and approve to readvertise a prototype smaller station.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request as stated above by Mr. Thelen.

PUBLIC HEARINGS - ROAD CLOSINGS

PETITION NO. 630 - Charles and Shannon Schell - Fruitland Park Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present Road Vacation Petition No. 630, from Charles and Shannon Schell, to vacate roads, Fruitland Park area.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board moved for postponement of this request until April 2, 1991, as recommended by staff.

PETITION NO. 638 - Lake County - Clermont Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present Road Vacation Petition No. 638, to vacate a portion of the right-of-way Lake Highlands Company Plat and deeded right-of-way, Clermont area, stating that the County is proposing this closing.

No one appeared in opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved Petition No. 638, to vacate a portion of the right-of-way Lake Highlands Company Plat and deeded right-of-way, Clermont area, as advertised.



PETITION NO. 640 - Leo and Anita Victor - Silver Lake Area

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present Road Vacation Petition No. 640, to vacate drainage easement, Summit Landings s/d, Silver Lake area and accept drainage easement from Leo and Anita Victor.

No one appeared in opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved Petition No. 640, to vacate drainage easement, Summit Landings s/d, and accept drainage easement from Leo and Anita Victor, Silver Lake area, as advertised.

COMMISSIONERS' BUSINESS

MUNICIPALITIES/GRANTS

Mr. Al Thelen, County Manager, appeared before the Board to report (for informational purposes) that he attended the annual Astor-Park Water Association, Inc. meeting in Astor-Park, on March 16, 1991, regarding water and waste water services, stating that there were approximately 130 people in attendance.

Mr. Thelen reported that the Association is now in pre-application for an EDA Grant and a Farmers Home Grant, with approximately 80% of those in attendance in support of that effort. At this time, discussion occurred regarding the scheduling of District meetings within the next few months, with the Board agreeing that Townhall meetings should be scheduled starting with Commr. Gregg's District 1 Townhall Meeting.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved a request to appoint Mr. Charles D. Rentz and George H. Russ to the District 1 position on the Study Committee for Children.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved a request to appoint

Mr. John (Jack) R. Currie and Mr. Bert Lacey to the District 4 position on the Study Committee for Children.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved a request to appoint Ms. Gladys H. Kuharske and Mr. Roland C. Lewis to the District 2 position on the Study Committee for Children.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved a request to appoint Ms. Joan M. McCall and Ms. Aurelia M. Cole to the District 3 position on the Study Committee for Children.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board approved a request to appoint Mr. Tom Manning and Ms. Margaret Click to the District 5 position to the Study Committee for Children.

COMMITTEES/MEETINGS

Commr. Hanson reported (for informational purposes) that the first meeting of the Study Committee for Children would be held on March 28, 1991, at 7:00, in the Board of County Commissioners' Meeting Room.

Ms. Linda Rozar, Concerned Citizens of Florida, appeared before the Board to state that it was her understanding that the study committee would include surveying all ways of serving the youth in the area, and not just in the field of disability or mental health.

RESOLUTIONS/COMMITTEES/CLERK

Mr. James C. Watkins, Clerk of the Circuit Court, appeared before the Board to present a request for approval of a resolution in support of "Project Appreciation".

Mr. Watkins stated that "Project Appreciation" is a non-profit, tax exempt private group of Lake County Citizens dedicated to showing gratitude, on behalf of all Lake County, to all the men

and women serving in the Armed Forces through service to their families in their absence, and, upon their return, through celebration, recognition and providing benefits. The Committee would like for the County to declare itself a "Project Appreciation" County, with the hope that the surrounding cities will declare themselves "Project Appreciation" communities. Mr. Watkins stated that a celebration of peace and recognition of service will be held on "Armed Forces Day".

At this time, Commr. Bailey offered the complete support of the Board of County Commissioners in this endeavor.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a Resolution in support of "Project Appreciation".

STATE AGENCIES/COMMISSIONERS/PUBLIC HEALTH

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board approved authorization for the Chairman to draft a letter to the Governor of the State of Florida protesting the State withdrawing funds, which were previously deposited by the State into certain County Public Health Unit Trust Funds, for the purpose of offsetting anticipated revenue shortfalls.

COUNTY MANAGER/COUNTY ATTORNEY/COMMISSIONERS

Commr. Bakich briefly discussed the employee performance appraisal and compensation review process for the County Manager's and County Attorney's annual review.

Commr. Bakich made a motion, which was seconded by Commr. Swartz, for approval of a 2% compensation increase, with one-half going to Deferred Compensation and one-half going directly to the salaries, based on the information provided, and based on the employee performance appraisal.

Commr. Gregg stated, at this time, that he cannot support an increase of any kind, because of a decline in a "user friendly" attitude in the last few months, attributing this to the County Manager and the County Attorney pursuing goals that are not

necessarily in agreement with the Board of County Commissioners and the majority of the commission.

Commr. Bailey stated that he cannot support any increase for any employee at this time.

After discussion, it was the consensus of the Board that the evaluation date for the County Attorney and County Manager would be on their anniversary date each year.

Commr. Hanson stated that, because of the financial situation in the County at this time, she cannot support a salary increase.

Commr. Swartz expressed his support for a 2% salary increase, commenting that he feels the increased workload is reflective of the performance of the County Attorney and County Manager. Commr. Swartz further commented that it would be unfair not to make an adjustment in the cost of living, in light of the fact that other County employees have received a cost of living increase this year.

The Chairman called for a vote on the motion, which was denied by a 2 - 3 vote. Commr. Bailey, Commr. Hanson and Commr. Gregg voted "No".

MEETINGS/MUNICIPALITIES/EDUCATION

Commr. Bailey presented a letter from Mr. Thomas E. Sanders, Ph.D., Superintendent, Lake County School Board, in which the School Board is requesting a joint meeting of the School Board and the County Commissioners to discuss mutual concerns regarding growth issues that will affect both boards.

At this time, the Board suggested that a meeting be scheduled with the School Board on April 18, 1991, at 2:00 p.m., in the Board of County Commissioners meeting room, subject to the School Board's approval.

It was also decided that a City of Leesburg Townhall meeting would be held at 7:00 p.m. on April 18, 1991.

STATE AGENCIES/LAWS & LEGISLATION

Commr. Bailey brought up for discussion a memo received from the Florida Association of Counties regarding Billboard

Legislation, which would restrict the power of counties to regulate billboards.

It was the decision of the Board to postpone action on this legislation until further review.

STATE AGENCIES/LIBRARIES/ORDINANCES

Mr. Howard Babb, Jr., President of the Bar Association, appeared before the Board with Mr. Rick Culbertson, Executive Director of the Greater Orlando Legal Aid Services, and Mr. Harley Herman, representing the Lake County Bar, to present to the Board, for their review, the arbitration/mediation comparison fee charts, and a filing fee schedule chart, which have been prepared to aid in a decision concerning a proposed ordinance to increase civil and probate filing fees to fund a Legal Aid and Arbitration/Mediation Program.

Mr. Herman stated that the primary purpose is to create an effective, locally controlled aspect to the legal services program and to provide funds that go directly to client services, which is what the proposed ordinance accomplishes.

After discussion regarding revenues generated, changes were made under County Civil changing the Legal Aid Fee for Tenant Eviction from $10.00 to $7.50 and the claim amount of $2,500.00-$10,000.00 from $10.00 to $12.50.

Mr. Bob McKee, Chief Deputy, questioned how the Board perceived distribution of the funds, with Mr. Herman stating that a contract has been prepared by the Lake County Bar, specifying the types of services to be provided, further commenting that communication between the County and the Bar has played an important part in the preparation of these services.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved authorization for staff to prepare an Ordinance for advertising, relative to the Legal Aid fees and the fees as indicated on the comparison sheet, with the exception of the Tenant Eviction at $7.50 and the claim amount of $2,500-$10,000 at $12.50.

RECESS & REASSEMBLY

At 11:30 a.m., the Chairman stated that the Board would recess for lunch and would reconvene at 2:00 p.m. for Rezoning.

ZONING

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried, the Board approved the following postponement:

Postponement

FQD Designation Robert Chapman 3/19/91

Mr. Greg Stubbs, Director of Development Coordination, appeared before the Board and explained each of the following cases before they were heard.

PUBLIC HEARING #2-91-3 A TO PUD D.O. ROPER (TRUST) C/O TONY ROPER

Mr. John Knight, Knight Properties, representing the Glengarry Lakes Project, appeared before the Board to introduce Mr. Douglas Miller, Engineer for the project, and Ms. Nikki Clayton, Attorney, and to address issues of concern regarding the project.

There was no opposition to this request.

Mr. Douglas Miller presented a brochure on the preliminary development plan for the Glengarry Lakes Project stating that an intense effort has been made to make the proposed plan consistent with the Lake County Comprehensive Plan. Mr. Miller also presented an aerial map showing a series of spring fed lakes on the property in question, pointing out the areas which have been designated as open space.

Mr. Miller discussed briefly the availability of access to the development, stating that Glengarry Lakes is located six (6) miles from the Disney World employee entrance, and 14.8 miles from Clermont. He then discussed briefly their flexibility in providing utilities, stating that extensive language has been developed to address the issue of utilities. He also addressed the issue of interlocal agreements between Orange and Lake County regarding provision of services, stating that Orange County has now expressed

a willingness to proceed with interlocal agreements to provide police, fire and Emergency Medical Service to the site.

In answer to a question by the Board regarding the school issue, Mr. Miller stated that Glengarry Lakes will assume the responsibility of transporting children to and from the public schools until public schools are available to South Lake County. Mr. Miller stated that an impact fee of $150.00 has been proposed for the school system above and beyond the ad valorem tax, which addresses the commitment to provide the transportation service.

Mr. Gene Molnar, Lake County School Board, appeared before the Board to address the issue of services, stating that, by law, the School Board must provide transportation services to and from school.

Ms. Nikki Clayton, Attorney, stated that, at the time Glengarry Lakes is completed, there will be many other developments nearing completion in South Lake County and suggested that the issue of schools can be adequately dealt with after other developments are completed, and they can work together to resolve this issue.

At this time, Commr. Swartz stated that the problem is not with just the school issue, but with the fact that it is located so far away from all of the services that will need to be provided.

A motion was made by Commr. Gregg and seconded by Commr. Hanson, for the purpose of discussion, to amend the Planning and Zoning Commission's recommendation for the development to carry the responsibility of providing necessary services through interlocal agreements with Orange County to provide EMS, Fire and Rescue; a school bus and the cost of a driver be provided; and adding the following change to Section VIII. Special Requirements, No. 3: delete the word "schools" and add "all of the above is to be funded by a MSTU or a MSBU; and a Section 4. being added to incorporate the language (as stated in Dr. Sander's letter) "to donate a school bus to the Lake County schools on the day of pulling the first building permit, and to pay the driver's salary and all operational

costs of the bus until a school is in place in south Lake County and adequate roads are available for bus routes".

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

Commr. Swartz stated that the issue is compatibility with the present and future Comprehensive Plan, surrounding zoning, and provision of utilities infrastructure, all pointing to the problems that the development in question is facing. Commr. Swartz expressed his concern with establishing developments without the provision of services in place. In addressing the issue of open space, Commr. Swartz stated that the fifty-two (52) acres designated does not meet the seventy-seven (77) acres as required in the Conservation Element.

Commr. Swartz made a motion, which was seconded by Commr. Bakich, to overturn the recommendation of the Planning and Zoning Commission and deny a request for rezoning from A (Agricultural) to PUD (Planned Unit Development), as amended by the Planning and Zoning Commission and further amended by the Board, with waivers of variances to the Lake County Subdivision Regulations and the Lake County Zoning Ordinance.

Under discussion, Commr. Bailey stated that he cannot support this request on the assumption that they can or will provide the interlocal agreements that are needed.

Commr. Gregg stated that interlocal agreements will have to be in place before the development of the project can move forward and, therefore, is not an adequate reason for denial.

At this time, Commr. Hanson asked Commr. Swartz to consider amending the motion to deny the request, without prejudice, with Commr. Swartz responding "no", and reiterating previous comments that he feels the project is significantly premature.

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

Commr. Gregg voted "No".



PUBLIC HEARING #6-91-3 A - PUD RUTH A. RAY

Ms. Cecelia Bonifay, Attorney, representing Ms. Ruth A. Ray, the applicant, appeared before the Board and gave an explanation of the property in question, and stated that the property is consistent with the Comprehensive Plan, and with surrounding zoning.

Ms. Bonifay stated that the property is located in the area classified as the "Green Swamp", and they have been working closely with the State Department of Community Affairs (DCA), making them aware of the aspects of this project. Ms. Bonifay stated that this site is unique to the "Green Swamp", due to the fact that the entire site has been extensively altered, and has been and is currently a working ranch.

Ms. Bonifay, addressing the issue of facilities, stated that an impact fee for Fire Protection has been proposed at $127.00 and a School impact fee has been proposed at $150.00.

It was noted by Ms. Bonifay that they have made an offer to the School Board to provide a site for a school and, if the School Board accepts the offer, the site plans will be altered slightly to provide for the land.

There was no opposition to the request.

At this time, Commr. Swartz questioned if an Environmental Impact Study has been done, with Ms. Bonifay responding that a study has not been done, but that she has met with the Department of Community Affairs and presented them with a comprehensive document outlining all of the prior alterations on the site, the development proposal, and other pertinent information. Commr. Swartz stated that there is a requirement in the current Comprehensive Plan that states an Environmental Impact Study be provided.

Mr. Gene Molnar, Lake County School Board, appeared before the board to accept the offer from the petitioner to provide property for a fifteen (15) acre school site.

Commr. Swartz commented that the Conservation Element clearly states that this is not the type of development acceptable within or adjacent to, an environmentally sensitive area, and for the Board to approve this request, the nature of the sensitive and environmental resources of the area of critical State concern will have to be ignored.

Commr. Gregg commented that, based on the density of the zoning, the project is acceptable.

A motion was made by Commr. Gregg, and seconded by Commr. Hanson, to uphold the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to PUD (Planned Unit Development) for residential development.

Commr. Bakich expressed his concern with the Urban Node Concept, pushing of the perimeters outward, and, in this instance, creating an Urban Node without urban services.

A motion was made by Commr. Swartz, and seconded by Commr. Bakich, to amend the previous motion by Commr. Gregg to include the addition that an Environmental Impact Statement be completed, which is consistent with Objective 5., Policy 2, of the Conservation Element, "prior to final development approval an environmental impact statement will be accomplished".

The Chairman called for a vote, which failed, 2 - 3. Commr. Hanson, Commr. Bailey, and Commr. Gregg voted "No".

The Chairman called for a vote on the original motion made by Commr. Gregg, which passed 3 - 2.

Commr. Swartz and Commr. Bakich voted "No".

PUBLIC HEARING #13-91-4 A TO AR KYLE HAVILL AND JONNIE HALE

Mr. Ed Havill was present in the audience representing the applicants.

There was no opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A

(Agricultural) to AR (Agricultural Residential) for development of two and one-fourth (2 1/4) acre homesites.

Commr. Swartz was not present for the vote.

PUBLIC HEARING #16-91-4 RR TO PFD CAROL J. THORNTON AND SHIRLEY BRANCH

The applicant was present in the audience for questions.

There was no opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from RR (Rural Residential) to PFD (Public Facilities District) for construction of a Church.

Commr. Swartz was not present for the vote.

PUBLIC HEARING #8-91-4 A TO R-1-7 OR R-1-15 JESSE L. & ELLEN PERRY

There was no opposition to the request.

A motion was made by Commr. Hanson, and seconded by Commr. Gregg, to uphold the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to R-1-7 (Urban Residential) for construction of a home on site where residence was destroyed by fire.

Commr. Bakich questioned why the density was not higher, with Mr. Stubbs responding that R-1-7 is compatible with the surrounding zoning.

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

PUBLIC HEARING #121-84A-3 AMEND CP ORD#43-84 DR. JAMES GILLS

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board and gave an explanation as to the location of the property, and presented a map for the Board's review.

There was no opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning & Zoning Commission to approve a request to amend CP ORD#43-84 to delete from the requirements paragraphs (B) and (F) and amend paragraph (E) to include: "a rear access road and all other necessary access management facilities, as reflected in the site plan"; allowing a CP use for a miniature golf course; the balance of the parcel being zoned CP; and the site plan and approval of uses be brought before the Board for final approval.

PUBLIC HEARING #19-91-2 A & CUP#87/6/5-2 AND A & MP TO

R-1-15 PARADISE LAKE ESTATE, INC.

Mr. Robert Whidden, Attorney, representing the applicants, appeared before the Board to explain this request, stating that a frontage road will be added to the plat, which is not reflected at this time.

Commr. Bailey expressed his concerns with the density level of the property in question, suggesting perhaps a PUD would be more appropriate. Mr. Whidden responded that they feel the density is low at one unit per acre.

Ms. Jane Geraci, a County resident, appeared before the Board in opposition to this request, stating that her objection is with the number of units per acre and expressed her concern with the size of the lake involved.

After discussion from the Board, it was recommended that the applicant request rezoning to a PUD, with Mr. Whidden in consensus with the Board's request.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board overturned the recommendation of the Planning and Zoning Commission and denied a request for rezoning from A (Agricultural) & CUP#87/6/5-2 and A (Agricultural) & MP (Planned Industrial) to R-1-15 (Residential Estates) for a single-family residential development.





PUBLIC HEARING CUP#707C-3 AMEND CUP#707-3 - CUP#707B CLERBROOK RESORTS, INC.

Mr. Steve Richey, Attorney, representing the applicants, appeared before the Board to explain this request.

Mr. Richey stated that the term "duplexes" is referring to vacation villas, which are available for rental to members for a period of no more than two weeks at a time. He further stated that Phase IV is a membership campground resort, and not utilized for long term residents, with fifty lots allowed for duplexes and all other areas allowed for RV campground memberships.

There was no opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request to amend CUP#707-3 - CUP#707B to CUP#707C-3 to replace park models with RV's and vacation villages in Phase IV, and limited to a two week stay.

PUBLIC HEARING #12-91-3 A TO C-2 KARST, INC.

Mr. Steve Richey, Attorney, representing the applicant, appeared before the Board to explain this request.

Mr. Richey stated that the reason for the request for a C-2 (Community Commercial) is to allow the applicant to place two billboards on the property.

Commr. Swartz made a motion to uphold the recommendation of the Planning and Zoning Commission to deny a request for rezoning from A (Agricultural) to C-2 (Community Commercial).

The motion died for the lack of a second.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to CP (Planned Commercial) with C-1 (Rural or Tourist Commercial) and C-2 (Community Commercial) uses in the submitted site plan for the two billboards for future commercial uses.

Commr. Swartz voted "No".

PUBLIC HEARING #18-91-3 RR TO R-1-5 RICHARD H. LANGLEY

Mr. Robert Whitten, representing the applicant, appeared before the Board to explain this request and stated that this request involves rezoning of only 20 acres.

There was no opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from RR (Rural Residential) and R-1-15 (Residential Estates) to R-1-15 (Residential Estates) for development of a single-family residential subdivision.

PUBLIC HEARING #11-91-2 A TO RR RONALD P. & COLLEEN A. HOFFER

No one present wished to discuss this request with the Board.

There was no opposition to the request.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to RR (Rural Residential) for construction of a single-family residential home.

PUBLIC HEARING CUP#91/2/2-1 C.C. & B. PROPERTIES

Mr. David Clapsaddle, Lady Lake, representing the applicant, Mr. Bruce Phillips, Springstead Engineering, Inc., and Mr. David Cauthen, applicant, appeared before the Board to explain the request, and to answer questions.

Addressing the issue of the noise level, Mr. Clapsaddle stated landscaping, buffering and the use of electric forklifts for boat removal from dry storage would eliminate unnecessary noise. He also stated that they would like to have the opportunity to apply for a permit to have an above ground gas storage area.

There was no opposition to this request.

Commr. Gregg stated there is a need for acceleration and deceleration lanes at the entrance of the property and questioned

if the applicant intended to add these lanes, with Mr. Clapsaddle acknowledging that these lanes would be added.

On a motion by Commr. Gregg, seconded by Commr. Bakich and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for CUP in RMRP (Mobile Home Rental Park Residential), with approval of above ground gas sales limited to residents of the park, with no access to refueling tanks from the dock and water area.

PUBLIC HEARING #15-91-2 RP TO RM OR R-1-5 CLYDE BYRD

Mr. Clyde Byrd, the applicant, was present in the audience.

There was no opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from RP (Residential Professional) to R-1-5 (Mixed Residential) for a mobile home on site due to previous home being destroyed by fire.

PUBLIC HEARING #17-91-5 RM TO R-1-7 GEORGE C. ROSSELL

No one present wished to discuss this request with the Board.

There was no opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from RM (Mobile Home Residential) to R-1-7 (Urban Residential) for construction of a single-family residence.

PUBLIC HEARING #10-91-5 A TO RR EDWARD M. BUDELIS

Mr. Edward M. Budelis, the applicant, was available in the audience to answer questions.

There was no opposition to the request.

On a motion by Commr. Bakich, seconded by Commr. Hanson and carried, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for rezoning from A (Agricultural) to RR (Rural Residential) for construction of single-family residential homes.

Commr. Swartz voted "No".

PUBLIC HEARING #208A-88-3 EXT. OF PUD ORD#123-88 WILLIAM & GRACE STOSBERG

Ms. Cecelia Bonifay, Attorney, representing the applicant, appeared before the Board to explain the request.

There was no opposition to the request.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the recommendation of the Planning and Zoning Commission to approve a request for a one (1) year extension of approved preliminary PUD (Planned Unit Development) ORD#123-88.

PUBLIC HEARINGS/ROAD CLOSINGS (CON'T.)

PETITION 638 - Lake County - Clermont Area

Mr. Jim Stivender reappeared before the Board to explain that there was opposition not present at the morning public hearing for Petition No. 638 to vacate portion of the right-of-way Lake Highlands Company Plat and deeded right-of-way, in the Clermont area. Mr. Stivender stated that, after meeting with the gentleman in opposition, staff stands behind the original recommendation to vacate said right-of-way.

Mr. Abed S. Nesheiwat, adjacent property owner and resident from New York, appeared before the Board commenting that he arrived from New York this morning to attend the public hearing on Petition No. 638, but arrived a few minutes late to express his opposition to the petition in question. He stated that said access has been used for years and closing the access is of no interest to him or the County.

Discussion occurred regarding the two available accesses to Mr. Nesheiwat's property, at which time it was decided by the Board not to reconsider this request, due to the fact that access has not been denied to Mr. Nesheiwat's property.







There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:00 p.m.



_____________________________

DONALD B. BAILEY, CHAIRMAN



ATTEST:







___________________________

JAMES C. WATKINS, CLERK



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