A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 3, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, December 3, 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: Michael J. Bakich, Chairman; C. W. "Chick" Gregg; Donald B. Bailey; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Michael Anderson, Interim County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene S. Foran, Deputy Clerk.

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

APPOINTMENTS-RESIGNATIONS/COMMISSIONERS

Commr. Bailey opened up the floor for nominations for the position of Chairman for the 1992 year.

Bakich nominated Commr. C.W. "Chick" Gregg for the position of Chairman for 1992.

Commr. Gregg withdrew his name from the ballot for the position of Chairman.

Commr. Gregg nominated Commr. Michael J. Bakich for the position of Chairman for 1992. There being no other nominations, Commr. Bailey called for a vote on the nomination, which carried unanimously.

Commr. Bailey opened up the floor for nominations for the position of Vice Chairman. Commr. Hanson nominated Commr. C. W. "Chick" Gregg for the position as Vice Chairman for the 1992 year. There being no other nominations, Commr. Bailey called for a vote on the nomination, which carried unanimously.

Mr. James C. Watkins, Clerk, swore in Commr. Michael J. Bakich as Chairman, and Commr. C. W. "Chick" Gregg as Vice Chairman for 1992.





PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES/PERSONNEL/RESOLUTIONS

Commr. Bakich made the following presentations:

Presentation of Resolution to:

Ms. Paulette Alexander for her service on the Planning & Zoning Commission.

Presentation of Plaques for Five and Ten Years of Service to:



Five Years of Service



Susan L. Carroll, Design/Graffics Technician, Current Planning

Charlotte Geraghty, Secretary III, Building & Code Enforcement

Ronald J. Granger, Corrections Officer, Corrections

Douglas G. Harrison, Fire Suppression Coordinator, Countywide Fire

Harold K. Mahoney, Commissary Clerk, Corrections

Timothy L. Spangler, Corrections Officer, Corrections



Ten Years of Service



Deborah R. Boulware, Extension Agent, Agricultural Cooperative Extension Service

Carol H. Skinner, Secretary II, Agricultural Cooperative Extension Service



Presentation of December "Employee of the Month" Plaque and Savings Bond to:

Roseann M. Hofferberth, Buyer, Purchasing Division, Administrative Services and Budget Department.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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

Accounts Allowed



Request payment of Warrant No. 143356 through Warrant No. 143844, for the following accounts:



Section 8 County Transportation Trust

Landfills County Fire Control Fund

Aquatic Weed General Revenue

Northeast Ambulance Capital Outlay

Resort & Development Fund Tax Private Industry Council

Mosquito Control Road Impact

Animal Shelter Trust Fund Countywide Library

Emergency 911 Fund Northwest Fire District

Countywide Fire District Commissary Trust Fund



Accounts Allowed/Budget



Request approval of list of items (6) to be deleted from Fixed Assets, for the month of November 1991, in the amount of $36,089.92.





Accounts Allowed/Subdivisions



Request to approve Satisfaction of Assessment Liens, as follows:



Astor Forest Campsites



O. R. Taylor $2,412.52

Charles Taylor & Oscar R & $2,077.81

Jane K. Taylor

Steve and Carmela Esposto $1,419.40



Mount Plymouth II



Henry & Patricia M. Metz $.01

Charles J. Zimmerman & Maxine R. Zimmerman $.01

Kevin R & Deborah Ritter $.01

Charles M. Hinds, Jr. $601.00

William J. Richardson & $.01

Catherine M. Richardson

Elizabeth M. Arrowsmith & William Arrowsmith $1,202.00

Faye W. Laughlin $601.00

Samuel C. Kephart $1,803.00

Edith M. Connelly $3,625.23

Palm Mobile Home Estates



Jane D. Lubins $682.96

Carl J. & Helen M. Sontag $1,500.42

Country Club View Subdivision



L.D. & Sue B. Geiger $1,619.06



Hilltop Subdivision



Leonard & Thelma J. Skinner $1,300.92



MINUTES

Mr. James C. Watkins, Clerk, appeared before the Board and stated that the Minutes of May 12, 1987 reflect a motion on Rezoning Case No. 29-87-3 which stated that "the Board "upheld" the recommendation of the Planning and Zoning Commission". He stated that, after careful review of the tape, the language should state "the Board "overturned" the recommendation of the Planning and Zoning Commission".

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the request for correction of the Minutes of May 12, 1987, regarding Rezoning Case No. 29-87-3, Franklin D. Lozenbach, in which the Board overturned the recommendation of the Planning & Zoning Commission for R-1-7 to C-1 and approved R-1-7 to CP, as amended.





MINUTES

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the Minutes of October 8, 1991 (Special Meeting-County Commission Districts), as presented.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Michael Anderson, Interim County Manager, requested that Tab 5 be pulled from the consent agenda.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the following requests, consisting of Tab 1 through Tab 15, with the exception of Tab 5.

County Employees/Personnel

Request approval of certificates to employees with one and three years of service, and proper signatures on same.



Accounts Allowed/Budget Transfers/Corrections Department



Request for transfer of funds to various Departments and other budget related items, as follows:



Fund: General

Department: Corrections

Division: Detention

From: Operating Expenses $49,599.00

To: Personal Services $49,599.00

Transfer #: 92-0021



Accounts Allowed/Grants/State Agencies



Request for approval for Social Services to apply for Federal Emergency Management Agency (FEMA) grant in the amount of $91,769.00.



Contracts, Leases & Agreements/Agricultural Center



Request approval for execution of Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc. relating to provision of administrative and management services for FY 1991/92.



Accounts Allowed/Contracts, Leases & Agreements/State Agencies



Request approval of Local Government Land Development Regulation Assistance Program Contract between the Department of Community Affairs and Lake County to receive $50,209.00, and proper signatures on same.



Accounts Allowed/Subdivisions



Request for final plat approval of Lake Emma Ridge, Phase I; accept escrow, in the amount of $3,520.00, for performance; and accept and execute an Escrow Agreement. (7 lots in District 2)







Accounts Allowed/Bonds/Planning & Development/Subdivisions

Public Works/Roads-County & State



Request to release a performance bond for Lake Crescent Hills, in the amount of $720,000.00; and accept an Irrevocable Letter of Credit, in the amount of $55,924.90, for maintenance; and accept the following roads into the County maintenance system: Myakka Drive (#2-0935D), Lake Katherine Circle (#2-0935E), Mesa Lane (#2-0935F), Bee Tree Trail extension (#2-0935C), Crescent Lake Court (#2-0937), Astatula Lane (#2-0936) and Summerwind Court (#2-0936A).



Accounts Allowed/Bonds/Planning & Development/Subdivisions

Roads-County & State



Request to release a performance bond, in the amount of $100,000.00, for Fairview Estates; accept a maintenance bond, in the amount of $20,000.00; and accept the following roads into the County maintenance system: Agusta Drive (#1-7715A) and Green Briar Drive (#1-7715).



Rights-of-Way, Roads and Easements



Request to accept non-exclusive easement dedications:



Sec. 31, Twp. 18, Rg. 24 - District 1



Lyle A. Freitag



Sec. 8, Twp. 19, Rg. 27 - District 4



Alger Enterprises



Bonds - Mobile Home



Request approval of mobile home bond for Patrick Quinn, Paisley area, District 4.



Roads - County & State/Resolutions



Request to post 25 MPH Speed Limit signs on Fern Circle (#1-4520).



Roads - County & State/Resolutions



Request to post 25 MPH Speed Limit signs on Fairway Road (#1-5032).



Deed



Request to accept the following Statutory Warranty Deed:



For Lot Approval:



Alger Enterprises, Inc. Marshall Road (#4-5680)



Public Works/Roads-County & State



Request to release the following Murphy Act State Road Reservation:



Deed No. 2526 - Emmett V. Sapp and Susan K. Sapp - West of Fruitland Park









COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ADMINISTRATIVE SERVICES-BUDGET/BIDS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried, the Board approved the request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.

(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) Health and

General Svcs -

Fire Station #4

Tire Round Up /Six (6) tires and tubes for truck #504X. Size 1100 x 20 12 ply load range H. $ 1,098.60
(4) Encumber Funds Previously Authorized:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Environmental

Services -

Recycling Section

Industrial Waste Service, Inc. /Curbside recycling and drop-off center collection service through term of contract (4-92). BCC approved 11-13-90. Contract # P-390. $102,871.23
(2) Environmental

Services -

Recycling Section

Brown and Caldwell Consultants /Consultant service for the waste-to energy facility operations and environmental monitoring. BCC approved 07-03-90. Contract # P-410. $150,000.00
(6) Approve Services That Do Not Require Bid

or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) Environmental

Services -

Solid Waste

National Waste Tire /To dispose of waste tire at Astatula until pending bid is awarded. This is waste tire grant money for FY 1991-1992. $ 10,000.00
(2) Public Works -

Engineering

Laidlaw Environmental Services /Removal and disposal of barrels from Sign Shop. Sole source. $ 1,280.50

Commr. Bailey was not present for the discussion or vote.



COUNTY POLICY

Mr. Michael Anderson, Interim County Manager, appeared before the Board and stated that the Board, in 1986, established a distribution formula and policy for collection and distribution of monies which were being collected for the school crossing guard program. However, those funds have been turned into the General Fund without a special line item set up for distribution of the funds.

Ms. Ava Kronz, Assistant to the County Manager, appeared before the Board and stated that the cities are receiving the funds that are collected in their areas, but are not receiving funds from the unincorporated area.

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and stated that the statute requires that, in order for funds to be allocated to a school crossing guard program, the program has to be established by Ordinance. She stated that the Board adopted a Resolution in 1986 which established the program, and authorization was given for an additional $4.00 for civil fines in County Court. She stated that staff is reviewing the statute to determine if the $4.00 allocation has been repealed.

Ms. Eleanor Anderson, Executive Director, Management/Budget, appeared before the Board to address this issue for clarification purposes from the budget standpoint.

Commr. Swartz stated that it should be determined what funds are needed by the Sheriff's Department for provide the school crossing guards for the schools in the unincorporated area. Commr. Swartz suggested a meeting be scheduled with the cities and the School Board for the purpose of determining how the funds

should be distributed, and then establish a policy and an ordinance addressing this issue.

At this time, direction was given to staff to review the policy for distribution of monies collected for a school crossing guard program; determine what funds are needed by the Sheriff's Department to provide a school crossing guard program, and establish a policy and formula for distribution of funds.

COUNTY POLICY/COUNTY PROPERTY/RESOLUTIONS

Mr. Michael Anderson, Interim County Manager, appeared before the Board to present the request for consideration of the County's policy with regard to soliciting on County Property.

Commr. Bailey stated that the Constitutional Officers should be contacted for the purpose of providing input on the adoption of a formal policy and resolution regarding soliciting on County Property.

Mr. James C. Watkins, Clerk, stated that he will adhere to the policy established by the Board. He stated that it should be determined if the policy is to include the selling of charity items such as Girl Scout cookies.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the request for staff to prepare a resolution, seek the input of the Constitutional Officers, and establish a County policy with regard to soliciting on/in County property.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/POLLUTION CONTROL

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request for authorization to amend Post, Buckley, Schuh and Jernigan's Environmental contract for laboratory services to allow the Pollution Control Lab to perform certain landfill analysis and to allow Post, Buckley, Schuh & Jernigan to provide analytical services for other County projects decreasing the amount of the contract an estimated $16,000.00, subject to approval by the County Attorney's office.

RIGHTS-OF-WAY, ROAD AND EASEMENT/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the request for appeal of the requirements for sidewalks and a donation of an additional right-of-way made during approval by the Planning and Zoning Commission on October 23, 1991 for Highland Hills.

Ms. Cecelia Bonifay, Attorney representing Mid-Florida Lakes, appeared before the Board and requested that the Board consider input on the request concerning a right-of-way donation on S.R. 44, near Mid-Florida Lakes Mobile Home Park, at the same time as the Board considers the request that is before them at the present time.

Mr. Steven Richey, Attorney representing the applicant, R.E. "Buddy" Oswalt, appeared before the Board and stated that the preliminary plat required sidewalks in a portion of the Highland Hills project based on the fact that a recreation area was shown on the plat. He stated that, at that time, three other cases before the Planning and Zoning Commission were not required to provide sidewalks, which raises a concern that there is not a specific policy regarding this issue. He stated that he is asking that the Board direct staff to establish criteria and policies regarding the sidewalk issue. Mr. Richey stated that sidewalks are included in the Highland Hills project at this time.

Mr. Richey stated that there is a requirement in the Highlands Hills plat that right-of-way be provided on Lake Louisa Road. He stated that they are requesting that a modification be made to the Impact Fee Ordinance, which sets forth the establishment of a thirty (30%) percent right-of-way fund, or they are requesting that they be given a credit or be paid for the right-of-way. Mr. Richey stated that there is a need for the County to establish a policy which states the County will either pay for right-of-way acquisition or will not collect the 30% surcharge for right-of-way

acquisition. He stated that the requirements in the preliminary plats are inconsistent with the acquisition monies that are being collected.

Ms. Bonifay stated that Mid-Florida Lakes has applied for a site plan review for a sales center and, before site plan approval will be given, Public Works has requested a right-of-way donation. She requested that a policy be established which clearly addresses this issue. She stated that Mid-Florida Lakes are not required to provide a right-of-way dedication, but are required to pay the impact fee at time of building construction.

Mr. Jim Stivender, Director of Public Works, appeared before the Board and stated that it is the procedure of staff to recommend the inclusion of sidewalks within a development. In the case of Highland Hills, it is recommended that sidewalks be included on all streets with the exception of dead end cul-de-sacs.

Mr. Richey stated that criteria and guidelines are needed regarding the issues of sidewalks and interconnector roads within a development and should be studied on a case by case basis.

Discussion occurred regarding interconnector roads between subdivisions; at which time, Mr. Stivender stated that interconnectors are minor or alternate access points to interconnect subdivisions away from main artery roads.

Commr. Gregg stated that the market should drive the requirement for sidewalks and not arbitrary rules and regulations. A motion was made by Commr. Bailey to approve the request from the developer not to require sidewalks for the Highland Hills Preliminary Plat.

Commr. Gregg stated that clarification needs to be made to the policy regarding the issue of sidewalks within a subdivision.

At this time, Commr. Bailey withdrew his motion to approve the request not to require sidewalks for the Highland Hills Preliminary Plat.

Commr. Gregg stated that he cannot support the idea of a large subdivision connecting into a smaller subdivision, stating that a size requirement should be included in the policy.

Direction was given to Mr. Stivender to review the policy regarding the issues of sidewalks and interconnector roads within a subdivision.

TIME CERTAIN

PUBLIC WORKS/COMMITTEES/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present a request to consider an Adopt-A-Roadway Program in Lake County. He stated that the program would be similar to the Adopt-A-Highway Program operated statewide by the Florida Department of Transportation.

Mr. Stivender presented two methods of implementing the Program. Alternative 1 involves a Right-of-Way Utilization Permit to be issued and monitored by the Public Works Department. A file would be maintained on the adopting organizations with the road segments they are responsible for, and an annual report on the status of the Program would be made to the Board each October.

Mr. Stivender stated the staff is recommending the Board proceed with Alternative 1 for an Adopt-A-Roadway program, which would authorize staff to grant permission to an organization or group to maintain two (2) miles of highway, and staff would erect signs with the organization or group name posted along that portion of the highway. He stated that a yearly progress report would be provided, with staff administering the program.

Mr. Stivender reviewed the Cost Analysis of the program for the first year which includes vests, bags, safety signs, disposal of litter, labor, vehicle and safety literature, for an approximate cost of $8,028.00. He stated that plastic bags for the program are in stock at this time, and staff will be responsible for making the safety signs.

Mr. Michael Anderson, Interim County Manager, stated that the Adopt-A-Highway program has been very popular and has had a very good success rate in counties which he has been associated with in the past.

Ms. Annette Star Lustgarten, County Attorney, requested that the Board approve to advertise an Ordinance creating the Adopt-A-Roadway Program.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the request for adoption of an Ordinance creating the Adopt-A-Roadway Program in Lake County; with authorization to advertise said Ordinance.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

RIGHTS-OF-WAY, ROAD AND EASEMENTS/PLANNING AND DEVELOPMENT

CONTINUED

Discussion continued regarding Highland Hills, at which time, Commr. Swartz stated that it is important that staff convey to the Planning and Zoning Commission the rationale that staff is using in making their recommendations, and review with the Planning and Zoning Commission the subdivision regulations, ordinances, and criteria that are the basis for making recommendations, stressing the importance of consistency in making the recommendations.

Commr. Gregg recommended the Board give staff direction to establish criteria for the establishment of sidewalks, and interconnector roads between developments and other issues relating to subdivisions.

Ms. Lustgarten stated that requiring right-of-way in relation to a site plan or a plat is a direct impact to a particular development. The impact fees are the impact that a particular development is having on the entire road system and limited to particular districts. The right-of-way acquisition is for the entire district and not specifically related to a particular development, resulting in the immediate impact of the development and the need for right-of-way associated with the development. She stated that it is important the Board distinguish between the two different rights-of-way.

Discussion occurred regarding the extraction of right-of-way dedication and impact fees. Commr. Swartz stated that it is proper that the right-of-way dedications are obtained if the aspects of a development are site related, and propose a specific impact. Those that are not site specific could be liable as a credit assuming they fit within the Board's plan.

At this time, discussion occurred regarding the request concerning a right-of-way dedication for the Mid-Florida Lakes site plan.

Mr. Jim Rogers, General Manager, Mid-Florida Lakes, appeared before the Board and stated that this request is regarding the dedication of right-of-way by Mid-Florida Lakes as a requirement for receiving a building permit for construction of a sales center across from the tennis court. He stated that the right-of-way, which is being required by the County, is 565 feet, and is located inside a brick wall which was installed several years ago.

Commr. Gregg stated that he supports waiving the right-of-way requirement regarding Mid-Florida Lakes due to the fact that it is not equitable or fair. He stated that it is not right to extract a right-of-way just because some day it will be needed. In a case where it is not required for on-site improvements for traffic impacted by that development, and if an impact fee is going to be charged for right-of-way, a credit should be given.

Ms. Jean Kaminski, Executive Director, Homebuilders Association, appeared before the Board and stated that the handling of the right-of-way costs was discussed at the time the Road Impact Fee Ordinance was discussed. She stated that one issue not discussed in October 1990 was the cost of the County getting into the land acquisition business. She requested that, if it is decided that the Ordinance be revisited, the Board look at this cost.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the request to remove any requirement for contribution of right-of-way.

A motion was made by Commr. Gregg, which was seconded by Commr. Bailey, to approve credit for right-of-way contributed, in cases that are not site specific on site improvements required by the development, such as The Highlands, or approve the 30% requirement for right-of-way acquisition as stated in the Impact Fee Ordinance.

Ms. Lustgarten stated that all rights-of-way requirements cannot be discounted, and it cannot be determined that a development has no impact on the right-of-way.

Mr. Stivender expressed a concern with the administration of the monetary movement of the credit system, and providing staff to perform the necessary appraisals for establishing the value of the right-of-way that would be required.

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

Commr. Swartz voted "No".

PLANNING & DEVELOPMENT/ORDINANCES

Mr. John Swanson, Executive Director, Planning & Development, appeared before the Board to present the request to advertise and set a date for a Public Hearing for the Addressing Ordinance.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried, the Board approved the request to advertise a Public Hearing for the Addressing Ordinance.

Commr. Swartz was not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board and presented an update on negotiations which have been taking place over the past few months between Horn Properties, Inc., Wal-Mart, Inc., the City of Leesburg and Lake County for the purpose of acquiring right-of-way and construction of the initial phase of the East/West Connector.

Mr. Stivender, at this time, reviewed terms of the agreements between Horne Properties, Wal-Mart and Lake County and stated that the agreements will be presented to the Board at a later date.

No Action was taken on this issue.

COMMISSIONERS/STATE AGENCIES

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the request for the Chairman to write a letter to the Forest Service indicating that Lake County does not object to the purchase of forest lands by the Lake County Schools.

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

PERSONNEL/COUNTY EMPLOYEES

Ms. Eleanor Anderson, Executive Director, Management/Budget, appeared before the Board to present the request to advertise the vacant positions of Environmental Engineer II, Pollution Control Division, Environmental Services; and Purchasing Director, Purchasing Division, Administrative Services/Budget.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board approved the request to advertise the positions of Environmental Engineer II and Purchasing Director.

COMMISSIONERS' BUSINESS

RESOLUTIONS/COUNTY EMPLOYEES/PERSONNEL

Commr. Swartz presented the request for approval of a Resolution to be presented to Mr. Larry Kirch in appreciation of his service to Lake County; at which time, the Board acknowledged their support of a resolution.

COUNTY ATTORNEY'S MATTERS

SUITS AFFECTING THE COUNTY/PLANNING & DEVELOPMENT

Ms. Annette Star Lustgarten, County Attorney informed the Board that the Department of Community Affairs (DCA) has issued a rule which finds the Lake County Comprehensive Plan unacceptable in regards to the Green Swamp area. DCA is challenging the Comprehensive Plan in that area. She stated that a motion was filed and granted to consolidate the rule challenge with the DCA Administrative Hearing.



Ms. Lustgarten stated that Ms. Cecelia Bonifay, Attorney representing forty-nine (49) named petitioners, has filed a petition for intervention in the DCA Administrative Hearing process.

COMMISSIONERS' BUSINESS

ACCOUNTS ALLOWED

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the ratification of the Board on financial items which needed to be paid prior to the Board meeting.

RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a proclamation to declare the week of December 7-13, 1991 as National Drunk and Drugged Driver Awareness Week.

LANDFILLS/MUNICIPALITIES

Commr. Swartz informed the Board that staff has finalized and prepared an evaluation of what the differential and tonnage might be with regard to setting adjusted solid waste tipping fees for the cities; however, Commr. Swartz stated there was not adequate time for staff to prepare backup for the Board's review today.

He stated that the central issues are the contract, the overall cost of solid waste disposal and the importance of dealing with the inequities that exist among the municipalities and the unincorporated area. He stated that there is an amount of tonnage coming from the unincorporated area that is not accounted for and does not contribute to the overall solid waste system, which results in some inequity in terms of the tipping fee in city and out of city residences.

Commr. Swartz reviewed a memo, dated December 3, 1991, and prepared by the Solid and Hazardous Waste Management Division which addresses a study performed by the cities, identifying the inequities as they view them, and which provides a comparison prepared by County staff in an attempt to deal with the inequities.

Commr. Gregg stated that the comparison represents realistic numbers and expressed his support of those numbers.

Commr. Bakich stated that there is a sense of frustration among the cities that the County is not recognizing and resolving the inequities which exists. He expressed his hope that the cities will consider the effort presented today as a positive step in resolving the inequity problem within the solid waste program.

Commr. Hanson suggested the cities be invited to question the figures presented today and to present their alternatives to the inequities.

Commr. Bailey stated that the presentation shows a good faith effort by the Board to work with the cities.

Mr. Welton Cadwell, President of Lake County League of Cities, appeared before the Board and expressed his thanks to Commr. Swartz for his efforts and asked that the Board not adopt the plan before them today but allow the cities and County the opportunity to work together to arrive at a figure that all can accept. Mr. Cadwell invited the Board to meet with the Lake County League of Cities for the purpose of reaching an agreement regarding this issue.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PERSONNEL/COUNTY EMPLOYEES/COMMITTEES

Mr. Michael Anderson, Interim County Manager, stated that the search for candidates for the position of County Manager is nearing completion with the background checks on the candidates available for the Board's review by December 12, 1991. He stated that a date may be scheduled for the purpose of scheduling interviews for the final candidates.

At this time, the Board scheduled a Special Meeting January 3, 1992 at 9:00 a.m. for the purpose of interviewing applicants for the position of County Manager.

Mr. Bob McKee, Chief Deputy Clerk, expressed his appreciation to the committee and staff for the efforts put forth in establishing a procedure for the purpose of hiring a County Manager.

Commr. Swartz suggested that the Constitutional Officers and the public be made aware of the dates for interviewing the applicants.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:40 a.m.



______________________________

MICHAEL J. BAKICH, CHAIRMAN



ATTEST:







_____________________________

JAMES C. WATKINS, CLERK





MSF/12-13/91-12-3-91

A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SITTING AS THE APPEALS BOARD FOR THE NON-AD VALOREM ASSESSMENTS

DECEMBER 3, 1991

The Lake County Board of County Commissioners met in special session on Tuesday, December 3, 1991, at 2:00 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; Donald B. Bailey, Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Ed Havill, Property Appraiser; and Marlene S. Foran, Deputy Clerk.

COUNTY ATTORNEY

Ms. Annette Star Lustgarten, County Attorney, reviewed Resolution 1991-113, which adopted the Non-Ad Valorem Assessment Rate Schedule and the Non-Ad Valorem Assessment Roll for the Lake County Municipal Service Taxing Unit for Fire Protection.

Ms. Lustgarten stated that the Board would be sitting as the Appeals Board for the Non-Ad Valorem Assessments.

PETITIONS

Petition No. 1991-3 John C. Iliff

Mr. Ed Havill, Property Appraiser, informed the Board that the applicant is appealing the assessment on his swimming pool and will receive an automatic exemption.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved to grant the appeal.

Petition No. 1991-7 Ernest E. and Opal I. Auton

Mr. Ernest E. Auton, the applicant, appeared before the Board and presented pictures of a barn which had been partially destroyed by fire four years ago. He stated that the barn is used occasionally to house a tractor.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the assessment as recommended.





Petition No. 1991-8 Nancy A. Penn

Mrs. Nancy A. Penn, the applicant, appeared before the Board and stated that her property, located in a rural subdivision, was platted in 1926 into twenty-five (25) foot lots and is being taxed on each twenty (25) foot lot. She stated that the lots are combined to make one lot, and would join her resident property across the street if the street were not there.

Ms. Annette Star Lustgarten, County Attorney, stated that the Non-Ad Valorem Rate Schedule does clearly address the assessment to vacant, platted lots and does not distinguish between a buildable lot or a non-buildable lot.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-6 August Y. Mottlau

Mr. Ed Havill, Property Appraiser, informed the Board that the applicant is appealing the assessment on his swimming pool and will receive an automatic exemption.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved to grant the appeal.

Petition No. 1991-12 Ronald D. Farley

Mr. Ronald D. Farley, the applicant, appeared before the Board and stated that his lot is 75' wide by 103' deep; however, the legal description lists it as four separate lots.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-37 Leura D. Hertzfeld

The applicant was present in the audience to answer questions regarding this request.

Mr. Ed Havill, Property Appraiser, informed the Board that the assessment on the applicant's seawall and boat dock has been resolved.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board granted the appeal.

Petition No. 1991-59 John W. West

Mr. John W. West, the applicant, appeared before the Board and stated that his assessment is on a seawall, boat dock, screened room, two utility buildings and carport.

Mr. West addressed issues involving the Fire Protection Tax referendum and fire protection services in Lake County.

Commr. Gregg stated that the seawall, boat dock, screened room and carport will be waived, at which time, Mr. Havill clarified that they will be waived assuming the application is correct.

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the assessment as recommended on the utility buildings.

Petition No. 1991-13 thru Petition No. 1991-33 Green Thumb Garden Center Corporation

Mr. and Mrs. Leonard Phillips, the applicants, appeared before the Board and stated that the petitions in question are twenty-five (25) foot unbuildable lots.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the assessments as recommended.

RECESS & REASSEMBLY

At 2:55 p.m., the Chairman announced that the Board would recess and reconvene at 3:00 p.m.

Petition No. 1991-47 Lake County Boys Ranch Foundation, Inc.

Mr. Ed Havill, Property Appraiser, informed the Board that the Lake County Boys Ranch Foundation is a non-profit tax exempt organization which is being assessed on a residential building, utility building, barn and a commercial classification.

Discussion occurred regarding the square footage of the buildings; at which time, Mr. Havill stated that his office would make an on-site evaluation of the buildings, remeasure, and determine the proper classification for each building.

Mr. Tom Manning, representing the Lake County Boys Ranch Foundation, Inc., appeared before the Board and stated that there are two (2) residences and one office on the property.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the board upheld the assessment as recommended; requested the Property Appraiser to reevaluate the property based on the square footage; and make an adjustment that is consistent with the statutory requirement, if there is another land use designation which is satisfactory to the State statutory requirement.

Commr. Bakich was not present for the discussion or vote.

Petition No. 1991-34 The Florida Easter Seal Society, Inc.

Mr. Jesse A. Shumen, Director of Camp Challenge, appeared before the Board and stated that this property consists of three (3) residences, one being a small trailer. Mr. Shumen stated that this assessment will create an unexpected financial hardship on Camp Challenge.

Mr. Ed Havill, Property Appraiser, stated that his office would make an on-site evaluation of the buildings, and determine the proper classification for each building.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the assessment as recommended; and requested the Property Appraiser to reevaluate the property based on the square footage and land use codes, to determine if there is another designation which would result in a fair evaluation.

Mr. Havill stated that his office will make an on-site evaluation and, if any corrections are due, the Tax Collector will correct the tax bill or issue a refund for the appropriate amount, if the tax bill has already been paid. Mr. Havill stated that a written response will be sent to the applicant after a reevaluation has been completed.

Petition No. 1991-35 Josephine Senatore

No one present wished to discuss this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-38 Kevin and Lucy Torman

Mr. Kevin Torman, the applicant, appeared before the Board and stated that he has 212 small lots, which had agricultural classifications until 1990 but, at this time, they are not bearing citrus. He stated that he purchased the property in May of 1990 and is in the process of preparing the property for planting citrus trees.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-39 Church of God, Lady Lake

Mr. Ed Havill, Property Appraiser, informed the Board that this is a tax exempt organization with a miscellaneous tax on 620 square feet of fencing on the church property.

The Reverend Hubert Bevill appeared before the Board to address this issue. Reverend Bevill stated that his church performs a service for the community and questioned the appropriateness of taxing churches.

Discussion occurred regarding the taxing of not-for-profit organizations, religious institutions, etc. and the feasibility of addressing this issue in the referendum.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-40 William D. Miller

No one present wished to discuss this request.

Mr. Ed Havill, Property Appraiser, informed the Board that this request was corrected prior to the meeting.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board upheld the assessment as recommended as corrected.



Petition No. 1991-41 Dennis Samuel Alsobrook

Mr. Dennis Olsobrook, the applicant, appeared before the Board and stated that the two (2) lots in question are not vacant lots but are lots contiguous to his residence.

Mr. Ed Havill, Property Appraiser, stated that this issue will be resolved in the Property Appraiser's office.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board directed the Property Appraiser to handle this request administratively.

Petition No. 1991-46 Ruth J. Bowman, as personal representative for the Estate of Beryle L. Jefferis, Deceased

Mr. Charles G. Bowman appeared before the Board on behalf of Ms. Ruth J. Bowman, representative for the Estate of Beryle L. Jefferis, and stated that the lots in question are twenty-five (25) foot unbuildable lots, which have been converted to six (6) buildable parcels.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-42 Bobby Lee and Frances Harris

Petition No. 1991-43 David A. and Marie W. Elliott

Petition No. 1991-44 Eleanor R. Burke

On a motion by Commr. Gregg, seconded by Commr. Swartz and carried unanimously, the Board upheld the assessments as recommended on Petition Nos. 1991-42, 1991-43, and 1991-44.

Petition No. 1991-48 Kathy McDonald, Interim Executive Director, Lake County Department of Health and General Services

Ms. Kathy McDonald, representing the County, appeared before the Board and addressed the issue of the methodology of paying the fire protection tax from the fire budget to the fire budget, which will result in administrative paperwork. Ms. McDonald asked that the Board waive the tax on the County owned and/or operated fire stations.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-49 Troy S. Bronson for Bronson Farms, Inc.

No one present wished to discuss this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-51 thru Petition No. 1991-56 Ruth A. Ray

Ms. Ruth A. Ray, the applicant, appeared before the Board and expressed her objection to the $.10 per acre tax on wetlands and agricultural land for fire service and addressed the various issues relating to each petition.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessments as recommended.

Petition No. 1991-61 East Lake County Chamber of Commerce

Commr. Hanson informed the Board that she is abstaining from voting on this issue due to a conflict of interest, with Form 8B being filed pursuant to Section 112.3143, Florida Statutes.

Ms. Judy Paul, representing the East Lake County Chamber of Commerce, appeared before the Board and stated that the Chamber of Commerce serves the community, and they solicit funds from the community, but are being charged the commercial tax rate with no differentiation made for a non-profit organization such as the Chamber of Commerce.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried, the Board upheld the assessment as recommended.

Commr. Hanson abstained from voting on this issue.

Petition No. 1991-57 Rita Henry

Ms. Rita Henry, the applicant, appeared before the Board to answer questions regarding this request. She stated that they are receiving no services for the taxes that they are paying.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-58 Kennie LaDon Steverson

Mr. Kennie Steverson, the applicant, was present in the audience to answer questions regarding this request.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-50 G. Richard Dickersin, Trustee for Adams Street Trust

No one present wished to discuss this request.

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board upheld the assessment as recommended.

Petition No. 1991-60 Joan Slade

No one present wished to discuss this request.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board upheld the assessment as recommended.

There being no further business to be brought to the attention of the board, the meeting adjourned at 4:15 p.m.





______________________________

Michael J. Bakich, Chairman



ATTEST:







______________________________

JAMES C. WATKINS, CLERK



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