A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 6, 1992

The Lake County Board of County Commissioners met in regular session on Tuesday, October 6, 1992, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Michael J. Bakich, Chairman; Don Bailey; C. W. "Chick" Gregg; Richard Swartz; and Catherine Hanson. Others present were: Annette Star Lustgarten, County Attorney; Peter F. Wahl, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Barbara Lehman, Deputy Clerk in charge of County Finance and Internal Audits; and Marlene S. Foran, Deputy Clerk.

Commr. Bailey gave the Invocation and the Pledge of Allegiance was led by Commr. Gregg.

MINUTES

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the Minutes of September 2, 1992 (Special Meeting), as presented.

Regarding the Minutes of September 9, 1992 (Special Meeting), Commr. Hanson requested that a correction be made on page 6, line 19, changing "no taxes" to no new taxes.

On a motion by Commr. Gregg, seconded by Commr. Bailey and carried unanimously, the Board approved the Minutes of September 9, 1992 (Special Meeting), as amended.

PRESENTATION OF AWARDS, PLAQUES AND RESOLUTIONS

COUNTY EMPLOYEES/PERSONNEL

At this time, Commr. Bakich presented the following awards and plaques, as Ms. Le Koranteng, Personnel Manager, provided information on each individual:



Presentation of Plaques to Employees with Five Years of Service



Robert Chase, Engineering Technician I, Engineering



Herbert Haas, Veterans Services Specialist, Veterans Services



Wanda Likely, Secretary III, Environmental Management (Receiving plaque late due to service in Desert Storm)



Jason Phillip, Corrections officer, Corrections (Mr. Phillips was not present for the presentation.)



Robert Riecken, Maintenance Specialist I, Building Maintenance



Leo Vaugh, Code Enforcement Manager, Code Compliance



Presentation of Plaque to Employee with Ten Years of Service



Beverly Amerson, Personnel Specialist, Personnel



Presentation of Plaque to Employee with Twenty-Five Years of Service



Charles "Bo" Willard Carlton, Area Maintenance Supervisor, Maintenance Area II, Department of Public Service

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



L. Fred LaFond, Equipment Operator I, Maintenance Area I, Roads Division, Department of Public Services



CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

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



Accounts Allowed



Request for payment of Warrant No. 157195 through Warrant No. 157794, for the following accounts:



County Transportation Trust Landfills

General Revenue Mosquito Control

Capital Outlay Private Industry Council

Fire Districts Commissary Trust Fund

Insurance Fund Aquatic Weed

Animal Shelter Trust Fund Section 8

Resort & Development Fund Tax Road Impact

Miscellaneous/Gas Fund Law Library

Revenue Sharing Sales Tax Capital Projects

Emergency 911 Fund Criminal Justice Trust Fund

Countywide Library Northeast Ambulance

Greater Hills MSTU Law Enforcement Trust Fund



Bonds - Contractor



Request for approval of Contractor Bonds - New and Cancellations, as follows:





New



4467-92 Donald G. Bowles (Roofing)

5152-92 Robert L. Goudy (Residential Contractor)

5153-92 Melbourne Sign Company

5154-92 Ron Terry (Electrical)

26-93 James A. Sheddan (Electrical)

430-93 James W. Montgomery (Residential Building)

671-93 Quinton Downing Aluminum

801-93 Stinson Electric, Inc.

1109-93 John J. Kornhaus, Jr.

1303-93 Don's Electric & Lightning Control, Inc.

1559-93 Bobby Mysinger

1895-93 Roy S. Blodgett dba Cee Bee Air Systems, Inc.

3000-93 Harry A. Ferran dba Ferran Engineering Group

3052-93 Paul J. Meli (General)

3084-93 Robert M. Bramlett dba Bramlett Electric, Inc.

3088-93 James H. Greenhalgh dba Progressive Electric, Inc.

4102-93 Raymond Wise dba Wise Electric Service

4169-93 Edwin Dwight McKinney (Residential)

4241-93 Gregory D. Baugh dba Baugh Electric

4243-93 John S. Stevens dba Stevens Electric, Inc.

4353-93 Henry Fehrmann dba Tri-County Heating & Cooling

4399-93 Marijane Derrick dba Derrick Electric of Belleview

4407-93 Charles E. Binder dba Binder Plumbing

4625-93 Martin P. Liles (Electrical)

4699-93 Joseph C. Urban (Electrical)

4736-93 Darrell Chandler (Electrical)

4708-93 T. H. Little (Electrical)

4889-93 Ronald Kessel dba Crystal Kool Pools

4947-93 Morgan G. Dennie (Residential)

4974-93 Don's Electric & Lightning Control, Inc.

4985-93 Robert T. Taylor dba Freedom Electric Company, Inc.

5007-94 Donald Hanchar dba Donle Enterprises, Inc.

5150-93 William G. Hecker dba Hecker Marine Construction

5155-93 W. Douglas Stapleton dba Stapleton Homes, Inc.

5156-93 Rolando Galassi (Heating & Air Conditioning)

1865-94 Lance Dotson Construction (Residential Builder)



Cancellations



4735-92 B. J. Kantor



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Robert L. Purvis, Case No. 86-1286-MM-36, in the amount of $100.00.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Julienne Massad, Case No. 92-452-MMA, in the amount of $35.00.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Jason Todd Harden, Joseph and Sandra Harden, Case No. 89-1089-CJ, in the amount of $50.00.



Utilities



Request to acknowledge receipt of order indicating the exempt status of Walnut Hill Water Works, Inc., requested from Florida Public Service Commission regulation for provision of water services by Walnut Hill Water Works, Inc. in Escambia County.







COUNTY MANAGER'S CONSENT AGENDA

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

Accounts Allowed/Budget Transfers

Request for transfer of funds in various departments, as follows:



a. Budget Transfers:



Fund: Self Insurance

Department: Office of Personnel

Division: Risk Management

From: Special Reserves $300,000.00

To: Insurance Payments $300,000.00

Transfer #: 93-0001



Fund: General

Department: Constitutional Officers

Division: County Sheriff Support

From: Salary Reserve $206,125.00

To: Trans/Law Enforcement

Deputies $206,125.00

Transfer #: 93-0002



b. Monthly advances to the Tax Collector, in the amount of $77,249.53. This total includes $71,202.00 for the General Fund, $1,456.00 for the Northlake Ambulance District, $41.56 for the Greater Hills MSTU, and $4,549.97 for the Fire Districts.

Contracts, Leases & Agreements/Community Services

State Agencies



Request for execution of the request from Section 8 Housing for Amendment to the Annual Contributions Contract, A-3303E between Lake County and U.S. Department of Housing and Urban Development for the Section 8 Certificate Program.



Contracts, Leases & Agreements/Community Services

State Agencies



Request for execution of the request from Section 8 Housing for Renewal of the Amended Annual Contribution Contract A-3303E for Section 8 Certificate Program between Lake County and the U.S. Department of Housing and Urban Development.



Accounts Allowed/Ambulances-Hospital Districts



Request for authorization for payment of the monthly Medicaid Hospital bill, in the amount of $39,061.15, and the Medicaid Nursing Home bill, in the amount of $31,019.48, for the month of August.



Facilities & Capital Improvements/Budgets



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:





(B) Award Bids and Encumber Funds





DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Capital Imp. Request Board of County -

Commissioners to accept

quote on RFP # 001-093

Storeroom supplies to

enable local entities to

use quotations.



(2) Corrections Request Board of County -

Commissioners to accept

quote on RFP # 002-093

Commissary Quotation for

supplies for resale.

To Low Bidder.



(C) Approve Quotations and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Env. Services- Bee-Saf-Tee Fire Equip./ $ 1,403.60

Pollution Cntl. 4 (9Lb) Halon 1211 Fire

PC-106 extinguishers. Portable/

158 degree fusible link/

1123 cubic ft. coverage.



(E) Approve Other Payments and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Corrections- Colonial Paper Co./ $ 1,202.21

Food Service Housekeeping, Booking and

FS-216 Kitchen supplies thru

9/14/92 to accommodate

8/14/92 out of date req.

Bid# 052-640-091.



(2) Corrections- Peninsular Paper Co./ $ 2,385.80

Food Service Extra paper products to

FS-224 accommodate federal

prisoners. Bid# 052-640-091.



(3) Corrections- C & P Food Service/ $12,000.00

Food Service Change order to extend

C.O.#8031 thru 9/30/92. Estimate.

Bid# 020-387-092-1.



(4) Public Works- Florida Crushed Stone/ $16,800.00

Road & Bridge Blanket P.O. for rock

RB-8331 from 10/1/92 thru 9/30/93.

For road repair and maint.

and treatment program.

Bid# 018-750-093.



(5) Public Works- Florida Crushed Stone/ $ 6,000.00

Road & Bridge Blanket P.O. for limerock

RB-8329 from 10/1/92 thru 9/30/93.

For road repair and maint.

Area I & II Bid# 002-750-093.





DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(6) Public Works- M.J. Stovola/ Blanket P.O. $ 6,000.00

Road & Bridge for Limerock from 10/1/92

RB-8341 thru 9/30/93 maint. area III

road repair and maint.

Bid#002-750-093.





(7) Tourist Devel. Land Planning Group/ $36,800.00

TDC-047 Change Order to

include time and material for the comprehensive

development plan at the

Industrial park.



(8) Capital Imp. G.T.E./ Supplemental req. $30,000.00

to increase P.O. #70424

for inside wiring of

Judicial Center. New P.O.

total $87,835.64.



(F) Approve Services That Do Not Require Bids

or Quotes and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Emergency Mgt. United Telephone/ $ 4,500.00

EM-924 Blanket P.O. for FY 92-93.

From 10/1/92 thru 9/30/93

for NAWAS line.



(2) Tourist Devel. AAA Florida Tourbook/ $ 8,910.00

Council 1/2 page advertisement in

TDC-195 1993 Florida Tourbook. To

replace P.O. 71889 not

invoiced, but Board appv'd

2/18/92.



(3) Public Works- Xerox Corp./ Maintenance $ 3,705.00

Road & Bridge agreement 10/1/92 thru

RB-8321 9/30/93 on 1048 copier,

Property # 11487.



(4) Social Svc- EGP, Inc./ 1 Year or $ 1,395.00

Welfare Dept. 90,000 copies (whichever

WD-344 comes first) Maintenance

agreement on Mita Copier

Prop# 11100.



(5) Bailiff E.G. & G. Astrophysics/ $ 5,000.00

BAL-326 Blanket P.O. for maint.

on X-Ray unit for court

security from 10/1/92

thru 9/30/93.



(6) Development- Xerox Corporation/1 year $ 1,125.00

Building maintenance agreement on

BZ-1106 1025 copier, unlimited

copies. From 10/1/92 thru

9/30/93. Prop# 11788.





(7) Law Library Skipper's Inc./ 1 year $ 2,820.00

LL-761 maint. agreement on

Minolta copier, Prop#

12752. from 10/1/92 thru

9/30/93.



(8) Corrections- Waterman Medical Center/ $14,945.81

Inmate Med. Inmate Medical Care.

BIL-24





(9) Corrections- Florida Power/ $31,000.00

COR-454A Supplemental Req. to

provide power for the

remainder of the fiscal

year 91-92.



(10)Corrections- Town & Country Refuse/ $ 3,000.00

COR-693A Supplemental Req. for

dumpsters at the Main Jail.



(11)Corrections- Florida Diagnostic Imaging $ 1,264.00

Inmate Med. Inmate Medical Care.

BIL-23



(12)Corrections- Leesburg Regional Medical/ $ 7,670.25

Inmate Med. Inmate Medical Care.

BIL-25



(13)Personnel - Liberty Mutual Insurance/ $270,000.00

Risk Mgmt. Workers' Comp. Ins. on

behalf of the Lake County

Consolidated Fire Services.



(H) Chairman's Signature and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(14)Personnel - Lassiter-Ware Insurance/ $20,000.00

Risk Mgmt. renewal of Public

Officials and Employees

Liability Insurance (92-93).



(15)Personnel - McGriff,Siebels & Williams/ $ 2,500.00

Risk Mgmt. Renewal of crime coverage.

(92-93).



(16)Personnel - Arthur J. Gallagher & Co./ $815,000.00

Risk Mgmt. Reinsurance premiums and

claim services fee/ Admin.



(17)Personnel - Hunt Insurance Group, Inc./ $ 5,960.00

Risk Mgmt. Renewal of statutory death

benefits coverage (92-93).



(18)Personnel - Hunt Insurance Group, Inc./ $ 8,623.00

Risk Mgmt. Renewal of Boiler and

machinery policy (92-93).





(H) Chairman's Signature and Encumber Funds



DIVISION/DEPARTMENT DESCRIPTION OF ITEM AMOUNT



(1) Tourist Devel. Trans Media Inc./ $ 3,300.00 Council Painted display contract

TDC-196 for 12 months (@ $275.00 per

month) on Florida Turnpike

W/2.5 Mi. N/O US 27 unit B66,

Size 10 x 40.





County Employees



Request for approval of certificates to employees with one and three years of service.



Accounts Allowed/Insurance



Request for approval of request from Risk Management to increase insurance liability limits to $2,000,000.

Insurance/Fire Protection



Request for approval to transfer certain coverages of the Fire Services Insurance Program to the County Self-Insured Comprehensive Plan.



Accounts Allowed/Roads-County & State/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $2,694.73, for the performance of swales in Western Pines.



Accounts Allowed/Roads-County & State/Subdivisions



Request to release an Irrevocable Letter of Credit, in the amount of $2,600.00, for the performance of driveways, and release an Irrevocable Letter of Credit, in the amount of $2,860.00, for the performance of fire hydrants in Western Pines, Phase II.



Rights-of-Way, Roads & Easements/Deeds



Request to accept the following non-exclusive easement deeds for:



For Large Lot Waiver



Arnold Stroshein - District 2



Accounts Allowed/Suits Affecting the County

Planning



Request approval for payment of Invoice No. 11080 from Carlton, Fields, Ward, Emmanuel, Smith & Cutler, in the amount of $20,809.59, for professional services rendered for the Lake County Comprehensive Plan representation.



Accounts Allowed/Assessments/Bids



Request to advertise for bids for Special Assessment Project No. SA-75, Overlook Drive, Lake Drive and South Lake Drive Lump Sum Construction, at an estimated cost of $167,400.00. Pine Lakes - District 4.





Accounts Allowed/Bids/Road Projects



Request to advertise for bids for Project No. 1-93, Countywide Resurfacing Program, at an estimated cost of $483,121.22, and authorization to proceed with Interlocal Agreements with the Cities of Eustis and Leesburg to resurface various roads in the cities limits, at an estimated cost of $247,146.11, to be included in the Countywide Resurfacing Program for a total cost of $730,267.33.



Contracts, Leases & Agreements/Grants/State Agencies



Request for signature on Florida Boating Improvement Program Development Project Grant Agreement for Astor Boat Ramp.



Public Services/Landfills



Request for approval of a Limited Service Permit for Lake Yale Baptist Assembly.



Contracts, Leases & Agreements/Landfills



Request for approval of septic franchise for Shelley's Septic Tanks and approval of the requested exemption.



Contracts, Leases & Agreements/Landfills



Request for approval of Residential Collection Franchise for Harris & Sons Disposal.



Contracts, Leases & Agreements/Landfills



Request for cancellation of Franchise #57 Western Waste Industries.



Contracts, Leases & Agreements/Landfills



Request for authorization to amend the Brown and Caldwell Consultants contract for Waste-to-Energy Facility Operations and Environmental Monitoring services, dated October 23, 1990, to allow for fiscal year 1992/93 monitoring and authorization to encumber funds.



Roads-County and State/Municipalities



Request for authorization for East Lake County Chamber of Commerce to close CR-437 from Chamber of Commerce office, North to SR 46, Lawrence Street from SR 46 North to Oak Avenue, Oak Avenue from Lawrence Street East to Church Street and Church Street from Oak Avenue South to SR 46 from 10:00 a.m. to 11:30 a.m. on Saturday, October 10, 1992.



Deeds/Municipalities/Roads-County & State



Request to execute a Quit Claim Deed in favor of the City of Mount Dora to clear title to portion of Mt. Dora Cemetery.



Grants/Mosquito-Aquatic Plant Management/State Agencies



Request for authorization to apply for Mosquito Control/Waste Tires Abatement Grant for FY 1992-93.





Resolutions/Roads-County & State/Signs



Request for approval to post speed limit signs on the following roads: Centennial Boulevard, South Avenue, Myer Avenue, Sanford Street, Woodbine, Selman Road, Virginia Drive, Merridale Avenue, Berdetta Street, Cabin Street, Seminole, Pioneer Trail, and Pruitt Street.



Resolutions/Roads-County & State/Signs



Request for approval to post speed limit signs on the following roads: East 5th Avenue, West 2nd Avenue, West 3rd Avenue, West 4th Avenue, West 5th Avenue, West 6th Avenue, West 7th Avenue, West 8th Avenue, West 9th Avenue, East Umatilla Boulevard, East 5th Street, West Skyline Drive, Skyline Drive, Cemetery Road, Lake Burns Road, East Cemetery Road, East 9th Avenue, Roger Giles Road, Charles Osborne Road, Webster Hill Road, Saltsdale Road and Fletcher Road.



Resolutions/Roads-County & State/Signs



Request for approval to post speed limit signs on the following roads: Creston Avenue, Colmar Avenue, Niblic Street, Teho Street, Alba Avenue, Seaforth Avenue, Westchester Avenue, and Glen Eagles.



Deeds/Rights-of-Way, Roads & Easements



Request to accept the following Right-of-Way Deed:



For Site Plan #92-9-23:



George R. Corbett, individually and as Trustee, O'Brien Road (#2-2427)



Deeds/Rights-of-Way, Roads & Easements



For Minor Lot Split:



Jeffrey J. Vratanina and Lisa Marie Vratanina, Lake Louisa Road (#2-0847)



Michael Thomas and Shirley Thomas, Lake Louisa Road (#2-0847)



Raymond G. Thomas and Sharon F. Thomas, Lake Louisa Road (#2-0847)



Robert F. Thomas and Frances M. Thomas, Lake Louisa Road (#2-0847)



Constance M. Thomas, Lake Louisa Road (#2-0847)



Richard Thomas, Lake Louisa Road (#2-0847)



Eric L. Ponters, Lake Louisa Road (#2-0847)



Dillard, Bowyer & Grimes Groves, Inc., a Florida Corporation, C-50 (Old)



John Patrick McIntire and Susan A. McIntire, Orange Street (#4-4385)



Dorothy Owensby Au, formerly known as Dorothy Owensby, and Theresa Pitts, Whitney Road, (#1-4603)





For Road Project:



Audrey A. Allen and John J. Allen, John's Lake Road, (#2-1158)



Dale E. Bartch, Thomas Avenue Curve, 44A & 44C Intersection



Edward L. King and D.E. Duppenthaler, Hancock (#2-1254) as Trustees of the Bert E. Roper Trust



Robert B. Orr and Mary M. Orr, Mattioda (#2-1113)



Edward J. Tyzenhouse and Gene P. Tyzenhouse, Maggie Jones (#5-8190)



COUNTY MANAGER'S DEPARTMENTAL BUSINESS



ASSESSMENTS/COMMUNITY SERVICES/LANDFILLS/RESOLUTIONS

Mr. Pete Wahl, County Manager, appeared before the Board to present this request.

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved the resolution establishing guidelines for the granting of hardship assistance for the solid waste management assessment.

GAME & FRESH WATER FISH COMMISSION/RESOLUTIONS

SUBDIVISIONS

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved a request from Keith Williamson for a resolution requesting Florida Game and Fresh Water Fish Commission to declare Royal Trails Subdivision, Unit 1, as a bird sanctuary.

ACCOUNTS ALLOWED/FACILITIES & CAPITAL IMPROVEMENTS

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the selection of the design-build team of Construction Development & Design, for the development of the Tourist Development Welcome Center, at a cost of $209,750.00.

ACCOUNTS ALLOWED/FACILITIES & CAPITAL IMPROVEMENTS

COUNTY MANAGER

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the authorization for the County Manager to approve purchase orders for vendors supplying

material to the various Capital Improvement projects when the order exceeds $10,000.00.

COUNTY ATTORNEY'S MATTERS

PLANNING/SUITS AFFECTING THE COUNTY/JAILS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that an Administrative Hearing Officer has been assigned in relation to the Department of Community Affairs (DCA) appeal on Paradise Lake Estates. She stated that said appeal is in the formal administrative hearing process at this time.

Ms. Lustgarten informed the Board that a lawsuit has been filed against Lake County by the Guardian of Charles Turner, a prisoner who attempted suicide in one of the Lake County Jails. She stated that this case has been forwarded to the County's outside council to proceed with defense of said litigation.

0RDINANCES/LAND DEVELOPMENT REGULATIONS

Ms. Annette Star Lustgarten, County Attorney, informed the Board that there are amendments to the Land Development Regulations, which need to be addressed. She noted that the Road Impact Fee Ordinance will be amended to resolve the settlement with the Town of Lady Lake. The School Impact Fee Ordinance will be amended to address definitions for Affordable Housing, and will respond to recommendations of the Affordable Housing Task Force, and the Sign Ordinance will be amended to address the issues expressed by the Board in adopting a moratorium on off-site billboards. She noted that there will also be a cleanup amendment based on corrections and definitions.

Discussion occurred regarding the time schedule for scheduling public hearings for the moratorium and the Road Impact Fee Ordinance. It was noted that public hearings will be required, after 5:05 p.m., per Florida Statutes, and November 17, 1992 and November 24, 1992 were the suggested dates for said public hearings.



COMMISSIONER'S BUSINESS

ACCOUNTS ALLOWED

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

SUITS AFFECTING THE COUNTY

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board to present the request regarding the State of Florida vs. Rebecca Lynn Robinson - Order of Certification of Costs.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for payment of costs in the case of the State of Florida vs. Rebecca Lynn Robinson.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the appointment of Mr. Joe Knowles to the Industrial Development Authority to replace Mr. John McLeod. His term will expire March 1994.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Gregg made a motion, which was seconded by Commr. Hanson, to appoint Commr. Bailey as the Liaison Commissioner on the Industrial Development Authority (IDA).

At this time, Commr. Bailey expressed his concern that said appointment would present a conflict with his appointment to the Tourist Development Council. He noted that, if the appointment is approved, he would resign from the Tourist Development Council.

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

Commr. Gregg suggested that the Board entertain the idea of changing the position on the IDA to a position other than that of Liaison Commissioner.

RESOLUTIONS

On a motion by Commr. Bailey, seconded by Commr. Hanson and carried unanimously, the Board approved a Proclamation declaring the period of November 1, 1992 through November 30, 1992 as National Diabetes Month in Lake County.

COMMITTEES/RESOLUTIONS/PUBLIC SERVICES

Ms. Annette Star Lustgarten, County Attorney, appeared before the Board and presented changes and additions to the resolution creating the "Lake County Rails to Trails Task Force" as follows:

Page 4, Section 4. E. - delete "A quorum shall be those members present" and insert "A quorum for conducting business shall consist of six (6) members".



Page 4, Section 4. - insert a number F. "Roberts Rules of order newly revised shall be the final authority, and all questions of parliament be procedure".



On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, the Board approved the resolution creating the Lake County Rails to Trails Task Force to evaluate the feasibility of funding and locating rail trails in Lake County, as amended by the County Attorney.

ADDENDUM NO. 1

TIMES CERTAIN - SUPERVISOR OF ELECTIONS

ELECTIONS

Ms. Emogene Stegall, Supervisor of Elections, appeared before the Board to request a change in Precinct 14, Mascotte. She stated that a polling place has been located in another precinct to accommodate those living in the Green Swamp and surrounding rural area.

At this time, Ms. Stegall reviewed the proposed boundary line changes to Precinct 14, indicating the section line and house district line, which results in a change for approximately 526 voters. She stated that the voters will be notified of said change prior to the November 3, 1992 election.

On a motion by Commr. Bailey, seconded by Commr. Gregg and carried unanimously, the Board approved the request for a change in Precinct 14 as stated above.

It was noted that the new precinct will be Precinct 71.



COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

Mr. Pete Wahl, County Manager, requested that B. Corrections be pulled from the Consent Agenda for discussion.

On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the following requests, with the exception of B. Corrections:

Appointments-Resignations/Community Services/Committees



Request for approval of the nomination of Ms. Myra Smith, Social Services, to represent the Board of County Commissioners on the Board of Directors for the Lake Community Action Agency, Inc.



Community Services/Resolutions



Request for approval of a resolution in appreciation of the Lake Community Action Agency, Inc. for their efforts in assisting those in need in Lake County.



North Central Florida Regional Planning Council

Appointments-Resignations/Committees



Request reappointment of Mr. Jack Hargrove, Ms. Allison Hill Thall, and Ms. Nancy Taylor to the Board of Directors of the North Central Florida Health Planning Council.



Fire Protection/Resolutions



Request for proclamation declaring the week of October 4th as Fire Prevention Week.



CORRECTIONS DEPARTMENT/JAILS



Mr. Pete Wahl, County Manager, stated that correspondence was received on October 2, 1992 from the Immigration Naturalization Service (INS) stating that INS has decided not to use the old jail for the housing of administrative detainees.

Mr. Tom Neumayer, Executive Director of Corrections, appeared before the Board to address this issue and stated that the Attorney General has issued an order to the Commissioner of INS to retain all of the detainees, in the South Florida area, at the Krome Service Processing Center, in a joint operation between INS and the Bureau of Prisons. He stated that on October 3, 1992 INS moved out of the Lake County facility.

Mr. Wahl stated that he has contacted the office of Representative Clifford Sterns and the office of Senator Connie Mack regarding this issue.



Mr. Neumayer noted that this current change of events pertains only to the old jail facility.

Mr. Wahl noted that the request before the Board this date is subject to the return of INS detainees back to the Lake County facility.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for permission to waive the bid process and accept written quotes for provision of nursing services pursuant to the Immigration Naturalization Services (INS) Old Jail Contract.

COMMISSIONER'S BUSINESS

EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

APPOINTMENTS-RESIGNATIONS

Commr. Bakich stated that he would like to request the appointment of Commr. Catherine Hanson to fill the vacancy on the East Central Florida Regional Planning Council due to his resignation on said council.

It was noted that the appointment would be for a three year period.

Commr. Bailey made a motion, which was seconded by Commr. Gregg, to appoint Commr. Catherine Hanson to fill the vacancy created by the resignation of Commr. Bakich from the East Central Florida Regional Planning Council.

Commr. Swartz stated that traditionally new appointments are made after the new Board is in place and, therefore, cannot support this request.

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

Commr. Swartz voted "No".

ADDENDUM NO. 2

ACCOUNTS ALLOWED/GRANTS

Commr. Hanson presented the request for a grant through the Points of Light Foundation for the creation of a Volunteer Service Center for Lake County.



Commr. Bailey stated that he would like to have presentations made to the Board of some successful volunteer programs.

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for permission to commit up to $5,000.00, or twenty-five (25) percent match, for a grant through the Points of Light Foundation for the creation of a Volunteer Service Center for Lake County, coming from Board Contingency.

ADDENDUM NO. 1 - COMMISSIONER'S BUSINESS (CONTINUED)

EDUCATION/MUNICIPALITIES/GRANTS

On a motion by Commr. Hanson, seconded by Commr. Bailey and carried unanimously, the Board approved the request for a letter of support to the Superintendent of Schools in support of the application of the Leesburg Area Chamber of Commerce obtaining a School Improvement Partnership Program Grant.

MEETINGS

Mr. Pete Wahl, County Manager, brought up for discussion the Board of County Commission meeting dates for the months of November and December. He stated that advertising deadlines for Planning and Zoning and for Road Vacations require that a decision on these dates be made at this time.

After discussion, Commr. Swartz made a motion, which was seconded by Commr. Bailey, to keep the November regular meetings as scheduled, with LDR public hearings scheduled on November 17 and  November 24, 1992, and to reschedule the December regular meetings to December 1, December 8, and December 15, 1992, with a public hearing scheduled for December 15, 1992.

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

RECESS AND REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would recess and reconvene at 10:00 a.m. for a public hearing.



TIMES CERTAIN

EDUCATION/REPORTS

Mr. Gene Molnar, Growth Development Planner, Lake County Schools, appeared before the Board to present the 1992-93 Capital Improvement Program for Educational Facilities, as required by Ordinance No. 1992-8, establishing School Impact Fees.

Mr. Molnar stated that it is the intent of the Lake County School Board to place all school impact fees collected in the appropriate trust fund account, and to expend them as needed. He stated that the funds collected in the South Benefit District, including any accrued interest, will be expended on capital improvements and related expenses for South Lake High School. Funds collected in the North East Benefit District, including any accrued interest, will be expended on capital improvements and related expenses for Elementary School "B" (Golden Triangle Feeder District). Funds collected in the West Benefit District, including any accrued interest, will be expended on capital improvements and related expenses for Elementary School "C" (Leesburg High School Feeder District).

At this time, Mr. Molnar briefly reviewed the Capital Projects Report, and the print out of the Financial Information Series Revenue Ledger Summary.

PLANNING/LAND DEVELOPMENT REGULATIONS

Mr. Pete Wahl, County Manager, appeared before the Board and presented a brief review of the Comprehensive Plan Process up to this date. He stated that the Board submitted the Comprehensive Plan in 1991, and the Department of Community Affairs (DCA) found

the plan not to be in compliance with the requirements of State law. The Board engaged Carlton, Fields, Wood, Emmanuel, Smith & Cutler, P.A. to represent Lake County in an attempt to negotiate a settlement agreement with DCA.

Mr. Wahl stated that, on October 2, 1992, Mr. Jake Varn, representing Carlton, Fields, Wood, Emmanuel, Smith & Cutler, P.A., submitted a document to DCA (which has been provided to the Board

members), and said document has been accepted by DCA as the framework for a compliance agreement. Also distributed this date is a letter dated October 6, 1992, from Mr. Charles G. Pattison, Director, Division of Resource Planning and Management, indicating that DCA agrees to enter into a compliance agreement.

Mr. Wahl stated that the action required, and the reason for the discussion this date, is due to the administrative hearing being scheduled to begin on October 9, 1992. This is the last opportunity that the Board will have to avoid undertaking the administrative hearing and incurring the costs involved in said hearing.

Mr. Jake Varn appeared before the Board and stated that discussions have been ongoing with DCA regarding the required remedial actions by the County to bring the Comprehensive Plan in compliance with the requirements of Chapter 9J-5 of the Florida Administrative Code.

At this time, Mr. Varn reviewed the proposal presented to DCA, and as outlined in his memorandum dated October 2, 1992.

Mr. Varn stated that the concerns expressed by DCA have been addressed by revisions to the Future Land Use Map. One of the most significant changes is the request by DCA for additional lands to be changed to the rural land use classification. Mr. Varn reviewed said changes on the Future Land Use Plan Map (Exhibit A), and noted that, if all of the suburban areas, as identified by DCA, were deleted, the County would just have enough urban area to handle the expected growth in the suburban areas during the fifteen (15) year planning period. Mr. Varn stated that maximum densities in the urban areas have been lowered from eight (8) units per acre to seven (7) units per acre, and the maximum densities in the urban expansion and ridge areas have been lowered from five (5) units per acre to four (4) units per acre.

Mr. Varn stated that approximately ninety (90) percent of the issues discussed with DCA are Green Swamp related. The changes that relate to the remainder of the County are minimal, and involve

the change of 2,000 acres from Suburban to Rural, and also revisiting the "timeliness of development" policy as it relates to the suburban area. This acreage is located generally in the vicinity of the Regional Activity Center as indicated on the "September 30, 1992 Settlement Proposal Summary" and "Calculation of Multipliers for Lake County Comprehensive Plan".

Discussion occurred regarding the Calculation of Multipliers, at which time, Mr. Varn stated that DCA is now focusing on the multiplier times the expected population growth. The expected population growth for Lake County over the planning horizon is 60,000 people. The Plan provides for 4.57 times expected population growth, which translates to a population from new growth of 274,455 people. It was noted that the 4.57 multiplier is for residential purposes only, and a 1.25 multiplier is used for commercial, industrial, etc. purposes.

Mr. Varn stated that, from his standpoint, what is before the Board this date is a reasonable plan, and is within the guidelines of what other counties have had approved. He stated that, if the Board authorizes staff to proceed with drafting a compliance agreement, the compliance agreement and the Plan amendments will be brought back to the Board for approval and will be subject to statutory required notices of public hearings.

Mr. Varn responded to a question presented by Commr. Swartz regarding revisions discussed at the October 5, 1992 meeting between DCA, the intervenors, and representatives from Mr. Varn's office. He stated that the five issues that remain unresolved are as follows:

1) Transition area should not be subject to annual maximum caps.

2) Caps to become effective immediately so that no one gets grandfathered in between now and the effective date of Plan.

3) Wetlands.

4) Flood Insurance Provision (Floodplain Study Language).

5) Expand language to address no new industrial activities in the Green Swamp.

Commr. Bailey stated that he would support the adoption of a five (5) acre Rural Village Concept in the Bay Lake area at some time in the future. He stated that he would support the Plan, however, is not completely satisfied with the Plan.

Commr. Swartz requested clarification on language with respect to water and sewer service in the Urban, Urban Expansion and Ridge land use categories, which states that, if an existing public system is not available, the interim system is required to meet the established urban level of service standard, and should be designed so that when a regional system becomes available, the development shall be required to connect to said system.

Discussion occurred regarding language with respect to Floodplains and Open Space, as addressed in the Summary of Discussions. Mr. Varn stated that his understanding of the DCA position is that golf courses in the Green Swamp will not be permitted in the Core Conservation area; they would not be permitted in the rural agricultural area; and on a case by case basis, they may be permitted in the transition and the ridge area. He further stated that it was his understanding that golf courses would be permitted as open space in the Urban, Urban Expansion, and Suburban categories outside of the Green Swamp, and would not be considered part of open space in the Rural designation.

Commr. Swartz stated that he suggested and supports the concept of Rural Villages to identify areas in Lake County that have built up with a traditional rural village concept. The proposed changes, with the exception of the ones that remain outstanding, and the issues that he has expressed his concern with, have clearly improved the policies that are existing, most particularly within the areas of the Green Swamp. He stated that the Plan does not provide a method to protect landowners from carrying the full responsibility of protecting water resources that people in the County, and perhaps in the future people beyond the County, feel the need to protect. A Transfer of Development Rights program is one method of protecting landowners.

Commr. Swartz further stated that the multiplier is too high and provides for a population of almost 400,000 people, which is

the essence of what is wrong with the Land Use Map. He stated that the Urban Expansion that still exists in some areas is a bad example of planning when it comes to the urban sprawl issue. The plan also gives a Suburban designation to an area that is totally surrounded by Agricultural, which had the snowflake category in the original plan adopted by the Board, and has one-third (1/3) of its border as Water Management District Conservation Land.

Commr. Swartz stated that he cannot support a settlement agreement that will ensure inadequate planning in terms of the Land Use Map and still has some very important unresolved issues.

Commr. Bakich expressed his gratification to Mr. Varn for the work he has done to reach the best possible solutions with DCA.

Commr. Hanson stated that this is not a perfect Plan and will require a lot of refining. She expressed her concern with the small landowners and stated that possibly a countywide Transfer of Development Rights program may protect the landowners.

Commr. Gregg made a motion, which was seconded by Commr. Bailey, to direct Mr. Varn and staff to prepare a compliance agreement, and such amendments which may be required to Exhibit B, to make it consistent with the compliance agreement, and to prepare those for advertising and public hearings.

Commr. Swartz made a motion to amend Commr. Gregg's motion to indicate that the two areas that are indicated in red on the Land Use Map (one just to the west of Okahumpka and one south of Highway 48 between Howey-in-the-Hills, through Yalaha and Okahumpka) be returned to Suburban or Urban Expansion, and that the area known as Sugarloaf, which is shown as Suburban, be returned to a Rural designation.

The motion died for lack of a second.

Commr. Swartz made a motion to amend Commr. Gregg's motion to amend the plan that is proposed to be forwarded with the settlement agreement, to indicate the land east of Highway 27, South of Clermont, which is proposed as Urban Expansion, be reevaluated to

Suburban, and that the area know as Sugarloaf, which is shown as Suburban, be returned to a Rural designation.

The motion died for lack of a second.

Commr. Swartz made a motion to amend Commr. Gregg's motion to amend the plan that is proposed to be forwarded with the settlement agreement, to indicate that an area within the areas to the southwest of the County property at Highways 19 and 27 or to the southeast of the County property at Highways 19 and 27 extending to Montverde, be designated as rural, and that the area known as Sugarloaf, which is shown as Suburban, be returned to a Rural designation.

The motion died for lack of a second.

The Chairman called for a vote on Commr. Gregg's motion, which carried by a 4 - 1 vote.

Commr. Swartz voted "No".

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.



________________________________

G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK





MSF/10-6-92/10-9-92