A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 1, 1994

The Lake County Board of County Commissioners met in regular session on Tuesday, March 1, 1994, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman (arrived at 9:50 a.m.); Welton G. Cadwell, Vice Chairman; Rhonda H. Gerber; Don Bailey; and G. Richard Swartz, Jr. Others present were: Frank T. Gaylord, Interim County Attorney; Peter F. Wahl, County Manager; Ava Kronz, BCC Office Manager; Barbara Lehman, Chief Deputy, Finance and Audit Department; and Sandra Carter, Deputy Clerk.

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

The Vice Chairman, Commr. Cadwell, opened the meeting stating that the Chairman, Commr. Hanson, would be a little late, due to the fact that her daughter was being inducted into the National Honor Society and she was attending the ceremony.

AGENDA UPDATE

The Vice Chairman, Commr. Cadwell, questioned whether there would be any additions or deletions to the agenda.

Mr. Pete Wahl, County Manager, requested that he be allowed to add to the Agenda, under the County Manager's Report, an item pertaining to a change in Board policy concerning the use of voluntary contributory sick leave to employees who may be without. On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved to add said matter to the agenda, under the County Manager's Report.

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

Mr. Frank Gaylord, Interim County Attorney, informed the Board that Tab 4, regarding a public hearing concerning an ordinance providing for abatement of excessive and overgrown vegetation, should be pulled from the Agenda, due to the fact that it had not been advertised, and that Tab 5 would depend on what the Board decided to do, with respect to Tab 36.

MINUTES

Regarding the Minutes of February 1, 1994 (Regular Meeting), the following changes were requested:

On Page 22, Line 23, strike "an architect or engineer would build the structure for them".

On Page 50, Line 1, insert "President" after the word Senate.

On a motion by Commr. Bailey, seconded by Commr. Gerber and carried, the Board approved the Minutes of February 1, 1994 (Regular Meeting), as amended.

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

PERSONAL APPEARANCES

Mr. Pete Wahl, County Manager, informed the Board that the Chairman, Commr. Hanson, had requested that Items III. A. 1. (Presentation of Resolution to Mr. Glenn Tyre, Chairman of the Industrial Development Authority during 1993); Tab 1 (Presentation on Health Needs Assessment); Tab 2 (Road Vacation Petition No. 749); and Tab 3 (Road Vacation Petition No. 753), on the Agenda, and Item I. A. 1. (Road Vacation Petition No. 748), on Addendum No. 1, not be acted on until she arrived.

CLERK OF COURT'S CONSENT AGENDA

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

Bonds - Contractor

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

New



5278-94 Capri Homes Corporation (General)

5279-94 Mark A. Wodz d/b/a Quality Electric

5280-94 Art-Kraft Sign Company, Inc. (Electrical Signs)



Assessments/Subdivisions



Request for approval of Satisfaction of Assessment Liens (13), as follows, and authorized proper signatures on same:



El Bonito Subdivision



David W. Shaffer $1,801.92





Highland Lakes Subdivision



Alice Heavilon 878.74

Alice Heavilon 878.45



Mt. Plymouth Subdivision



Albert E. Altizer 592.15

Albert E. Altizer 454.59

Mt. Plymouth Enterprise, Inc. 455.50

Mt. Plymouth Enterprise, Inc. 455.50

Mt. Plymouth Enterprise, Inc. 455.50



Astor Forest Campsites



Marvin Sams, Jr. 2,640.49

Robert Allen and Modi Ellis 2,496.88

R. J. and Shirley L. Teronde 1,254.19



Sunset Hills Subdivision



Mary V. Crawford and Coletta Ginnard 1,524.69



Ocala Forest Campsites



Donald E. Rogers and Johnny M. Rogers and 1,374.98

Melva Rogers



Accounts Allowed



Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Clerical Support Division of the Clerk's Office.



Utilities



Request to acknowledge receipt of a Notice from the Florida Public Service Commission, in regard to Resolution No. 1993-99, by the Lake County Board of County Commissioners, for an extended area service (EAS) from the Mt. Dora, Eustis, and Umatilla exchanges to the Deland exchange, Docket No. 940027-TL, issued February 3, 1994.



Utilities



Request to acknowledge receipt of a Notice of Need Determination Hearing on Proposed Electrical Power Plant, from the Florida Public Service Commission to Seminole Electric Cooperative, Inc., and all other interested persons, in regard to a Petition of Seminole Electric Cooperative, Inc., for a determination of same. The Hearing is to be held March 30, 1994, at 9:30 a.m., in Room 106, 101 East Gaines Street, Fletcher Building, Tallahassee, Florida, Docket No. 931212-EC.



Utilities



Request to acknowledge receipt of a Notice from the Florida Public Service Commission, in regard to an Application for Amendment of Certificate Nos. 534-W and 465-S, in Lake County, by Lake Groves Utilities, Inc., to include additional territory and closing docket, Docket No. 931000-WS.





Utilities



Request to acknowledge receipt of a Legal Notice from Lake Hills Utilities, Inc., to amend its Certificate No. 512-W, for water service, to add territory in Lake County, Florida, as noted. Any objection to said application must be made, in writing, within thirty (30) days from date of February 3, 1994, to The Director, Division of Records and Reporting, Florida Public Service Commission, 101 E. Gaines Street, Tallahassee, Florida, 32399-0870, with a copy of said objection mailed to Lake Hills Utilities, Inc., 1105 Kensington Park Drive, Altamonte Springs, Florida, 32714, Attention: Mr. Robert A. Mandell.



Laws & Legislation/Meetings/Reports/Water Authority



Request to acknowledge receipt of the Annual Report of Meeting Schedule, for regular meetings, for 1993-94, from the Lake County Water Authority, pursuant to Section 189.417(12), Florida Statutes, and Rule 9B-50.016, Florida Administrative Code.



Laws & Legislation/Water Authority



Request to acknowledge receipt of the Map of District Boundaries, from the Lake County Water Authority, pursuant to Section 189.418, Florida Statutes, and Rule 9B-50.014(3), Florida Administrative Code.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 93-28, from the City of Eustis, voluntarily annexing 1.45 acres, at 16709 Pine Meadows Golf Course Road, into the corporate limits of the City of Eustis; and Ordinance No. 93-29, voluntarily annexing 6.87 acres, on the north side of U.S. Hwy. 441, between Country Club Road and

C-44B, into the corporate limits of the City of Eustis. Said ordinances were adopted by the Eustis City Commission, in regular session, on January 20, 1994, with an effective date of January 30, 1994.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 94-3, from the City of Tavares, amending the boundaries of the City of Tavares Code, by including, within the City limits, property generally described as the unnamed platted road of the Mt. Homer Subdivision, found within the 70 acre parcel northwest of Mt. Homer Road and east of Lake Etowah, adopted by the Tavares City Council on January 19, 1994.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 259-M, from the City of Clermont, annexing approximately 52 acres of land contiguous to the present city boundaries into the city limits of the City of Clermont, adopted by the Clermont City Council on January 25, 1994.



Accounts Allowed/Courts-Judges



Request to acknowledge receipt of a Satisfaction of Judgment for Leslie Kreger Caravello, in the amount of $35.00, Case No.

92-1819MM-A01-32.





Accounts Allowed/Reports



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending January 31, 1994, in the amount of $135,582.20. Same period last year: $126,590.60.

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



EMPLOYEE AWARDS

Commr. Cadwell, Vice Chairman, presented the following employee awards:

Plaques to Employees with Five Years of Service to the County



Jackie L. Driggers, Building Technician, Planning and Development, Building Services Division (was not present for presentation)



Gary M. Kirkland, Equipment Operator I, Public Services, Roads Division, Maintenance Area II



Mary LaFollette, Management Specialist, Community Services, Human Services Division, Library Services



John R. Stephens, Equipment Operator I, Public Services, Roads Division, Maintenance Area II



Gregory K. Stubbs, Development Regulation Services Director, Planning and Development, Development Regulation Services Division



Mary K. Todd, Mapping/Graphics Technician, Public Services, Engineering



Plaque to Employee with Ten Years of Service to the County



Linda K. Sigmon, Probation Officer, Community Services, Probation Services Division



Plaque to Retiring Employee



Mary E. Thomforde, Secretary III, Office of Agricultural Cooperative Extension Service - 13 Years, 8 Months of service to the County



Plaque and Bond to March Employee of the Month



Richard L. Hutson, Right-of-Way Technician, Public Services, Engineering Division, Technical Support



Employee Audit Reward Checks



Gary L. Spires, Equipment Operator III, Pubic Services, Roads Division (was not present for the presentation)



Barbara Allio, Senior Finance Clerk, Board Finance



SOLID WASTE STUDY COMMITTEE AWARDS

Commr. Swartz presented Certificates of Appreciation to Solid Waste Study Committee Members, as follows:



District 1: John Chapman

Rachel Smith



District 2: Laura Bushwitz

Gene Kastner



District 3: Phil McClendon

Joe Woodnick



District 4: John Eschliman

Bud Grantham



District 5: Glen Reed



Commr. Cadwell thanked the Solid Waste Study Committee for the fine job they did concerning the County's solid waste problem.

COUNTY MANAGER'S CONSENT AGENDA

Mr. Pete Wahl, County Manager, requested that Tab 11, concerning the approval of a Resolution in Recognition of Lake County Volunteers, be pulled from the Consent Agenda until the Chairman, Commr. Hanson, was present.

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

Accounts Allowed/Budgets/Community Services/Office of Budget

Resolutions/Sheriff's Department



Request from the Office of Budget for approval of the following requests:



Expenditure - Law Enforcement Trust Fund



Request from the Sheriff, in the amount of $4,161.76, for payment of purchases of equipment, other current charges, and donation to a drug-free playground, in accordance with the provisions of Florida Statutes, Section 932.704.



Resolution



Request for approval of Resolution requesting that the General Fund for FY 1993-94 be amended, in the amount of $83,152.00, in order to receive grant funding for 1994 from the Federal Emergency Management Agency, for welfare assistance.



Expenditure - Law Enforcement Trust Fund



Request from the Sheriff, in the amount of $4,245.57, for payment of purchases of equipment, operating supplies, and donation to the Golden Triangle YMCA, to help support the children who need financial assistance, in accordance with the provisions of Florida Statutes, Section 932.704.



Accounts Allowed/Contracts, Leases & Agreements

Fire & Emergency Services/State Agencies



Request from Fire and Emergency Services for approval and execution of the FY 1994 Emergency Management Assistance (EMA)

Agreement between the State of Florida, Department of Community Affairs and Lake County, in the amount of $26,648.00.



Accounts Allowed/Contracts, Leases & Agreements

Fire & Emergency Services/State Agencies



Request from Fire and Emergency Services for approval and execution of the FY 1994 Emergency Management Preparedness and Assistance Trust Fund Agreement between the State of Florida, Department of Community Affairs and Lake County, in the amount of $70,424.00.



County Employees/Human Resources



Request from Human Resources for approval to authorize the Chairman to sign Certificates for Employees with One Year of Service to the County.



Human Resources



Request from Human Resources for approval for the Chairman to execute a Memorandum of Understanding between RSVP (Retired Senior Volunteer Program) of Lake County and the Lake County Board of County Commissioners, and approval to designate the Lake County Volunteer Coordinator as the County's liaison with RSVP.



Contracts, Leases & Agreements/Planning & Development/Zoning



Request from Planning and Development for authorization to accept and execute an agreement between Mr. Dwight VanBibber and the Board of County Commissioners, for a Temporary Non-Conforming Zoning Use, for a mobile home, in District 5.



Committees/Planning & Development



Request from Planning and Development for approval of the appointment of Ms. Margie Boudreau to the Transportation Disadvantaged Coordinating Board, representing the position of Citizen Advocate, User of the System, for a three year term, to begin at the next scheduled Transportation Disadvantaged Coordinating Board Meeting, to be held on Tuesday, April 12, 1994.



Deeds/Planning & Development



Request from Planning and Development for authorization to accept the following Non-Exclusive Easement Deeds:



Edward J. and Gene P. Tyzenhouse

Mark C. and Donna Strong

Barbara L. and Michael E. Whitley

Robert R. and Rebecca L. Albury



Contracts, Leases & Agreements/Public Services

Rights-of-Way, Roads & Easements



Request from Public Services for authorization for the Chairman to execute the Lease Agreement between Lake County and Florida Central Railroad Company, Inc., relating to railroad right-of-way.



Public Services



Request from Public Services for approval to keep one of two graders due for buy-back on February 10, 1994.





Public Services



Request from Public Services for approval and authorization of the Chairman's signature on a Bill of Sale for one loader, which has been sold back to Ringhaver Equipment - Caterpillar 950E Wheel Loader, Serial Number 22Z03912, Property Number 12,166.



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post a stop sign on Old Chisholm Trail (5-6556), at the intersection of Coyote Pass Trail (5-6557).



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the Astor area, north of SR 40, as follows:



River Road (4-9787) 25 mph

Possum Road (4-9787B) 25 mph

Maple Road (4-9887D) 25 mph

Elm Road (4-9887E) 25 mph

Water Oak Road (4-9888) 25 mph

Tree Road (4-9788I) 25 mph

Wildhog Road (4-9788G) 25 mph

Hazelnut Road (4-9788J) 25 mph

Acorn Road (4-9788H) 25 mph

Bonnet Road (4-9788M) 25 mph

Snail Road (4-9788N) 25 mph

Fern Road (4-9787I) 25 mph

Fox Road (4-9787H) 25 mph

Ermine Road (4-9787J) 25 mph

Deer Road (4-9787K) 25 mph

Coon Road (4-9787L) 25 mph

Bobcat Road (4-9787N) 25 mph

Armadillo Road (4-9787O) 25 mph

Alleycat Road (4-9787P) 25 mph

Panther Road (4-9787Q) 25 mph

Alligator Road (4-9788O) 25 mph

Mink Road (4-9887C) 25 mph

Hyacinth Road (4-9787C) 25 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the Crows Bluff area, south of CR 42, as follows:



Cummer Road (4-8799) 40 mph

Tomahawk Trail (4-8699) 30 mph

Ponderosa Avenue (4-8599) 30 mph

Natchez Street (4-8499) 30 mph

Chippewa Street (4-8498) 30 mph

Choctaw Street (4-8599A) 30 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in south Lake County, as follows:



O'Brien Road (2-2427) 35 mph

American Way (2-2325) 40 mph

Independence Blvd. (2-2323) 40 mph





Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the Seminole Springs area, north of SR 44, as follows:



West Huff Road (4-5789) 35 mph

Huff Road (4-5991) 40 mph

Seminole Springs Road (4-5489) 35 mph

Tanglewood Drive (4-6092) 25 mph

Reserve Drive (4-6594) 25 mph

Rachel Lane (4-6695) 25 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the Crooked Lake area, north of US 441, as follows:



North Palm Circle (3-5257) 20 mph

North Palmetto Circle (3-5157A) 20 mph

North Crest Circle (3-5157) 20 mph

Atwater Avenue (3-5259A) 25 mph

Pine Grove Road (3-5259) 25 mph

South Avenue (3-5162) 25 mph

Morris Street (3-5163) 25 mph

Dicie Drive (3-5061) 25 mph

Charlotte Avenue (3-5060) 25 mph

Seminole Avenue (3-4960) 25 mph

Pinecrest Drive (3-4961) 25 mph

Titcomb Street (3-4960A) 25 mph

Villa Way (3-4965) 20 mph

Aldrich Street (3-4866C) 25 mph

Bryant Street (3-4866B) 25 mph

Lake Terrace Drive (4-4869) 25 mph

Colfax Street (3-4866A) 25 mph

Belmont Avenue (3-4866) 25 mph

Westmoreland Avenue (3-4867B) 25 mph

Old Mt. Dora Road (3/4-4865) 35 mph

Dupont Street (3-4867) 25 mph

Sunset Circle (4-4769) 25 mph

Sussex Drive (3-4668) 25 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the SR 44/Lake Joanna area, as follows:



Windham Drive (4-5273) 20 mph

Gray Street (4-5273A) 20 mph

Marshall Court (4-5273B) 20 mph

Bly Court (4-5273C) 20 mph

Park Place Blvd. (4-5477) 25 mph

Parkview Avenue (4-5476) 20 mph

Spring Oak Drive (4-5477A) 25 mph

Woodridge Lane (4-5477B) 25 mph

Meadow Lane (4-5877) 25 mph

Highland Drive (4-5877A) 25 mph

Fox Run Circle (4-5977) 25 mph

Lake Swatara Drive (4-5876A) 25 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the Grand Island area, north of CR 44, as follows:



Wedgefield Drive (5-6343) 25 mph

Eagle Drive (5-6442A) 25 mph

Nest Court (5-6442B) 25 mph

Scotts Dale Drive (5-6343A) 25 mph

Bay Hill Drive (5-6444B) 25 mph

Sandy Lane (5-6543) 25 mph

Doral Drive (5-6344) 25 mph

Bogie Court (5-6344A) 25 mph

Birdie Court (5-6443) 25 mph

Par Court (5-6442) 25 mph

Glen Abbey Drive (5-6444) 25 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limit signs on roads in the Tavares/Mt. Dora area, as follows:



Laura Lane (3-4160) 25 mph

Lake Forest (3-4161A) 25 mph

Vine Lane (3-4062A) 25 mph

Lake Eleanor Drive (3-4062) 25 mph

Cactus Lane (3-4061) 25 mph

Dora Wood Drive (3-4161C) 25 mph

Branch Avenue (3-4162) 25 mph

Norman Drive (3-4262C) 25 mph

Marion Drive (3-4262D) 25 mph

Vincent Drive (3-4163) 25 mph

Ohio Avenue (3-4262B) 25 mph

Boyd Avenue (3-4262) 25 mph

Michigan Avenue (3-4262A) 25 mph

Wood Drive (3-4161D) 25 mph



Public Services/Roads-County & State/Signs



Request from Public Services for approval to post speed limits signs on roads in the Pine Lakes area, as follows:



Benton Drive (4-7897F) 25 mph

Lakeview Drive (4-7898) 25 mph

Oak Avenue (4-7798) 35 mph

Country Road (4-7798A) 35 mph

Swift Road (4-7798B) 35 mph

Pine Road (4-8099) 35 mph



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 656

Applicant: Eugene G. and Kay Hill

Location: Sorrento Area: Section 24,

Township 19S, Range 27E

Recommend: Release all reservations



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 722

Applicant: Eugene G. and Kay Hill

Location: Sorrento Area: Section 24,

Township 19S, Range 27E

Recommend: Reserve 50 feet from centerline on Wolf Branch Road (4-4583)



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 739

Applicant: Eugene G. and Kay Hill

Location: Sorrento Area: Section 24,

Township 19S, Range 27E

Recommend: Release all reservations



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 2776

Applicant: John B. Blackburn

Location: Lots 10, 11, 12, Block 72,

Mt. Plymouth, Section "A"

Recommend: Reserve 25 feet from centerline on Shinnecock Hills Avenue



Deeds/Public Services/Roads-County & State



Request from Public Services for approval of the following recommendations on the release of Murphy Act State Road Reservations:



Deed: 2851

Applicant: Betty L. Rankin

Location: Block 63, East Umatilla Subdivision:

Section 8, Township 18S, Range 27E

Recommend: Reserve 33 feet from centerline on West Sixth Street and 33 feet from centerline on West Sixth Avenue (5-7876A)



Deeds/Public Services



Request from Public Services for authorization to accept the following deeds:



Statutory Warranty Deeds



Mac and Susan Kent, East Ninth Avenue (5-7880A)

James M. and Maryanne D. Miller, Lake Burns Road (5-7575)

Alan M. and Cynthia A. Ferguson, East Ninth Avenue (5-7880A)

Arthur A. and Jane Ferguson, East Ninth Avenue (5-7880A)

Dennis A. and Nancy Lynn Ferguson, East Ninth Avenue (5-7880A)

Florence A. Terrell, East Ninth Avenue (5-7880A)

Dale A. and Teresa W. King, East Ninth Avenue (5-7880A)

Gregory T. and Penny S. Kenney, East Ninth Avenue (5-7880A)



Quit Claim Deed



Robert L. and Linda M. Cole, as Joint Trustees of the Cole Family Revocable Living Trust (Quit Claim Deed Recorded in O.R. Book 1265, Page 2318), Adair Avenue (3-3987)





Drainage Easement Deed



William McLaughlin, Trustee of the Villa City Blocks Trust, Villa City Subdivision Lot Reconfiguration



Non-Exclusive Easement Deed



William McLaughlin, Trustee, Villa City Blocks Trust: Market Street (2-2017A), Church Street (2-2017B), Morrison Street (2-2017C), and Mulberry Street (2-2017)



Trustee's Special Warranty Deed



Ocklawaha Trust: Dorothy C. Shipes, Thomas J. Lawrence, and William H. Beardall for C-448, at Lake Jem



Purchasing



Request from Purchasing for approval to advertise for bids, proposals, and professional services; award and issue purchase orders for quotes, bids, proposals, annual bids, state contract, G.S.A. Cooperative Bids, OEM repairs, sole source and proprietor source; and approve and execute contracts and encumber funds, as follows:



A) Authorization to Seek Bids, Proposals and Professional Services.

DIVISION AMOUNT



1) FIRE & EMERGENCY SERVICES $ 100,000



Authorization to seek bids and award to the low, most responsive bidder, for the purchase and installation of (2)

two each 3,250 gallon water tankers. Lake County will be providing two existing cabs and chassis.



CITIZEN QUESTION AND COMMENT PERIOD



No one present wished to address the Board.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COUNTY MANAGER/RESOLUTIONS

Mr. Pete Wahl, County Manager, explained this request, stating that it was a request for approval of a Resolution supporting preserving county home rule on the development and imposition of impact fees, noting that there has been some discussion in the Legislature to change that.

Commr. Swartz stated that he would support the Resolution, noting that the cities are the ones that fought through the court system to get impact fees as being an approved method of trying to fund the impact of growth and he would not like to see the Legislature limit the cities from what they have already won.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried, the Board approved a request from the County Manager for approval of a Resolution supporting preserving county home rule authority to develop and impose impact fees.

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

COUNTY MANAGER/ZONING

Mr. Pete Wahl, County Manager, explained this request, stating that the Board had been provided with information (Memorandum from Paul Bergmann, Senior Director, Planning and Development), prior to the meeting, indicating that, based upon the recent experience with vested right appeals and recognizing that there are numerous more in the offing, it is obvious that this process is very legalistic and time consuming. He stated that staff was suggesting the Board pursue the Hearing Officer approach laid out in the County's Land Development Regulations (LDRs) for three to six months, to test it.

Mr. Frank Gaylord, Interim County Attorney, informed the Board that a Hearing Officer would write a recommended Order that would come to the Board and it would be up to the Board to either accept or reject said Order. He noted, however, that, in order for the Board to reject a Hearing Officer's Order, they would have to find an error in the legal aspect of it.

It was noted that most of the hearings would last two to three hours, or less, and that the cost would be approximately $100 to $150 per hour. He stated that staff was proposing to obtain a pool of land use lawyers, from surrounding counties, that work for the counties, and that they would exchange Hearing Officers throughout the adjacent counties. It was also noted that there would probably be a $200-300 filing fee.

Discussion occurred regarding the matter.

Commr. Cadwell stated that he felt a Hearing Officer would be the fairest way to handle the matter, as it takes the politics out of it. He stated that he felt it makes a lot of sense to use one and that he would like to see the Board do so.

Commr. Swartz clarified the fact that the presentation of the County's position, in a vested rights determination, would be handled by the County Attorney's Office and that it would not be necessary to go to outside counsel, in order to represent staff's position.

Mr. Gaylord stated that was correct.

Ms. Cecelia Bonifay, Attorney, appeared before the Board stating that she represented clients in a number of vested rights appeal cases. She stated that she served as a Hearing Office for both Seminole and Orange counties and it was discovered that, due to the fact that they had a Hearing Officer, fewer cases were being heard, than were previously heard, when the cases went before the Board of County Commissioners. She stated that an individual would still have the ability to appeal to the Board of County Commissioners, if either party is dissatisfied with the Hearing Officer's opinion. She stated that it has to be a written opinion and has to be issued within a 30 day period of time. She stated that it might require staff to do a lot more work on the front end, in working up the presentation, and that the County Attorney will be more involved in presenting the County's view. She noted that the other parties are always represented by counsel.

Ms. Bonifay then addressed some concerns that Commr. Bailey had noted about the cost to small property owners. She encouraged the Board to try the Hearing Officer concept, noting that she felt it would make their lives a lot easier.

It was noted that the individuals serving as Hearing Officers in Orange and Seminole counties are attorneys hired from out of the County.

Ms. Bonifay informed the Board of the procedure that an attorney must go through, in order to become a Hearing Officer, as well as criteria that the attorney must meet, once becoming a Hearing Officer.



Mr. Pete Wahl, County Manager, informed the Board that there was one other option which had been discussed and staff had begun to explore, which is to approach surrounding counties, to see if their County Attorneys' offices, who may or may not have a land use specialist, might be willing to work on a quid pro quo basis, to provide the County with a Hearing Officer when it needs one, and the County will provide them with a Hearing Officer, when they need one.

Commr. Gerber questioned how the Board would know if the Hearing Officer concept was not working.

Mr. Gaylord stated that, as a case works through the system, the Board would be able to evaluate the results.

Commr. Swartz questioned, when one appeals the decision of the Hearing Office to the Board, how much time that appeal would take.

Mr. Gaylord stated that it would come to the Board of County Commissioners, in written form, setting out all the facts and the applicable law, and, because it will have worked its way through the process, there will be very narrow issues. He stated that, what really makes the system work is the fact that, when the process is begun, the case is worked up, through a very factual basis, knowing that a Hearing Officer will have to look at it. He noted that staff will have to go back and redesign quite a few forms.

Commr. Swartz stated that he would feel more comfortable about the matter, if the County could compile a group of Assistant County Attorneys to travel the circuit, noting that it might help to hold the costs down for everyone involved. He stated that he felt the County should try to tailor whatever the costs and fees are, for a Hearing Officer, to the case, noting that he felt the costs should be based on the amount of time spent before the Hearing Officer.

Mr. Wahl, County Manager, stated that he felt there was a possibility that staff could come up with a fee schedule similar to

the court mediation schedule and that it would probably give one an incentive to be brief.

Commr. Swartz stated that he was satisfied with the present system and would be glad to continue meeting as an Appeals Board for the vested rights cases, however, noted that he would support the Hearing Officer concept in Lake County, on a trial basis, to see how it works.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, the Board approved a request from Planning and Development for approval of the proposal to use the Hearing Officer Process on Appeal to Vested Rights Determination, authorized in Sections 14.16.05 (c) and 12.08 of the Lake County Land Development Regulations, and authorized staff to develop a plan, similar to the Vested Rights Hearing Officer Agreement before the Board this date, that would outline the specifics of a Hearing Officer concept and how the program would be operated, to bring back to the Board, at a later date.

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

PLANNING & DEVELOPMENT/RESOLUTIONS

Mr. Mark Knight, Chief Planner, Planning Division, Planning and Development, appeared before the Board stating that, approximately one year ago, the County adopted a Local Housing Assistance Program (Lake County Ordinance No. 1993-7). He stated that, as a part of that program, the County was required to come back, within one year of the date of adoption, with a Local Affordable Housing Incentive Plan, establishing incentives for promotion of affordable housing in Lake County. He stated that the Administrative Code requires specific incentives to be reviewed by the Advisory Committee for Affordable Housing, noting that there are two specific ones that require some sort of action to be taken.

Mr. Knight stated that the first incentive under consideration was the Definition of Affordable Housing in the Sadowski Act. He stated that the Advisory Committee elected to go with the

definition established in the Florida Statutes, for affordable housing, therefore, he did not foresee a problem, as it is the one that was adopted in the County's Comprehensive Plan. He stated that the County would have needed to take on that definition, effective immediately, which they did.

Mr. Knight stated that the second incentive under consideration was the Expedited Permitting Process for Affordable Housing. He stated that it is mandatory that the Board of County Commissioners adopt some form of expedited permitting process that is targeted towards the provision of affordable housing.

Mr. Knight stated that the first recommendation of the Advisory Committee is that the provision of a Technical Review Committee staff meeting, at the pre-application stage, for subdivisions and PUDs that reserve at least 30% of the total units for very low, or low, income persons should be implemented. He stated that the County currently holds a preapplication conference, but it is designed more for establishing what the person needs to do, rather than getting them through the process. He stated that this would be targeted to getting affordable housing projects expedited through the process.

Mr. Knight stated that the second recommendation of the Advisory Committee is that a minor subdivision review process be established, for subdivisions up to ten lots, provided that they have 100% of their units reserved for affordable housing.

Mr. Knight stated that the third recommendation of the Advisory Committee is that the County's permitting divisions be housed in the same building, if physically feasible. He stated that their time frame for implementation was that the preapplication meetings, for affordable housing, be done immediately; that the minor subdivision review process be established within three (3) months after adoption of the Housing Incentive Plan; and that a study be done, at a later point in time,

to determine the feasibility of housing all the permitting agencies in one building.

Mr. Wahl, County Manager, informed the Board of another option, in approaching the matter. He stated that staff has had discussions with Dr. Pellosie and the Clerk of Circuit Court about setting up a one stop center within the Administration Building, for handling affording housing.

COMMISSIONERS

Commr. Hanson arrived from a previous commitment and the Vice Chairman, Commr. Cadwell, turned the chairmanship over to her.

PLANNING & DEVELOPMENT/RESOLUTIONS (CONT'D.)

Commr. Swartz questioned whether there would be any special treatment beyond what Mr. Knight described.

It was noted that there would not be.

Mr. Knight stated that the Technical Review Committee is set up to expedite the process just through the preapplication conference.

Commr. Swartz suggested that the County go further than that, noting that the County is currently, in part, funding one of the planners who is involved in the Affordable Housing Program. He suggested that the County give special treatment to small scale projects that meet the criteria and that perhaps that person who is helping coordinate affordable housing serve as the liaison, to help walk them through the process.

Mr. Knight stated that he felt that was the intent, thus, the reason for the Advisory Committee having a requirement that, within three months, the County must have developed a special subdivision review process for those minor subdivisions. He stated that, other than that, it would just be staff working more closely with them at the preapplication conference.

Commr. Swartz suggested, for a minor lot split that is 100% affordable housing, that the County have a staff person, each time one comes in, who is assigned to work out any problems that may exist with it and make sure that it gets through the process, hand carried, if necessary.

Commr. Cadwell stated that he agreed, in philosophy, with Commr. Swartz, however, questioned whether the County had the staff to do it.

Commr. Swartz reiterated the fact that the County has a person on staff, who is being paid with Sadowski funds, who could be the one to do it.

Commr. Bailey stated that he also agreed, however, would like to see it applied to everybody, not just affordable housing, because the process is very complicated.

Commr. Hanson interjected that she felt much of this would evolve in time and that the County will find a much easier way to handle the entire process.

Further discussion occurred.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action regarding the Resolution adopting the Lake County Affordable Housing Incentive Plan until the Board Meeting of March 15, 1994.

PERSONAL APPEARANCES (CONT'D.)

PRESENTATION OF RESOLUTION

COMMITTEES/RESOLUTIONS

Commr. Hanson, Chairman, presented Mr. Glenn Tyre with a Resolution in appreciation of his service as Chairman of the Industrial Development Authority during 1993.

Mr. Tyre gave some acceptance remarks, noting that a lot of past Commissioners and a lot of citizens in Lake County have worked toward developing a program to bring more jobs to Lake County. He stated that he felt good about having a united Board of County Commissioners putting forth economic development as a priority item and that bringing economic development to Lake County is a team effort.



COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

HUMAN RESOURCES/RESOLUTIONS

Commr. Hanson, Chairman, presented Mr. Haig Medzarentz with a Resolution recognizing Lake County volunteers and declaring the month of March, 1994, as Volunteer Month.

Mr. Medzarentz then submitted the First Quarterly Report to the Board, regarding the Lake County Volunteer Program, known as GROVES (Government Receiving Ongoing Volunteer Energetic Services). He stated that, since the inception of the Volunteer Program, it has recruited 40 volunteers for active participation and that 1,310 hours, thus far, has been given by said volunteers. He thanked the Board for the opportunity of serving as Chairperson for the Volunteer Program and recognized several volunteers who were present in the audience, as well as Ms. Nancy Lamb, Director of the Retired Senior Volunteer Program for Lake County.

ADDENDUM NO. 1

PUBLIC HEARING

PUBLIC SERVICES/RIGHTS-OF-WAY, ROADS & EASEMENTS

ROAD VACATIONS

PETITION NO. 748 - CHARLES E. BRADSHAW, JR. - LAKE LOUISA AREA

Mr. Jim Stivender, Jr., Director of Public Services, explained this request, stating that it had been postponed from the previous meeting. He stated that it involves a large piece of property that the applicant, Mr. Charles E. Bradshaw, Jr. owns, adjacent to some property owned by the State, which the State is interested in purchasing from Mr. Bradshaw.

The Chairman opened the public hearing.

It was noted that the applicant was present in the audience.

Ms. Cecelia Bonifay, Attorney, representing the applicant appeared before the Board stating that she became involved in the matter, due to a number of questions that the Board had raised at a previous hearing. She stated that the issue is whether or not

Ms. Fox, an individual who owns a 10 acre tract of land contiguous to the property in question, has legal access to her property.

Ms. Bonifay stated that the State has been contacted, however, they do not wish to make a commitment, at this time, as to access, as they feel that it is very premature.

Ms. Bonifay discussed the history of how ownership of the tract of land in question evolved, which she elaborated on. She stated that the history is important because, in granting right-of-way to an otherwise landlocked parcel, there has to be unity of title and the right-of-way has to have been in existence at the time that the party took title.

She stated that Ms. Fox's access would be to the west of Mr. Bradshaw's property, because the only thing that they can determine that would have been in existence at the time that they took title was Lake Nellie Road, to the west of the site.

Ms. Bonifay stated that, due to further research, it has been discovered that Mr. Bradshaw is giving Ms. Fox access that she is not legally entitled to. She stated that Ms. Fox's legal access is a different route to the west, however, Mr. Bradshaw is providing her with over seven miles of dedicated right-of-way, in order to enable her to access Hwy. 27.

Mr. Steve Hatcher, representing the applicant, appeared before the Board stating that vacating the roads in question would not take away the legal access that Ms. Fox has to her property, which he elaborated on.

There was no one present in opposition to the request.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Public Services for approval of Road Vacation Petition No. 748, by Charles E. Bradshaw, Jr., to vacate tracts and rights-of-way, Monte Vista Park Farms, Plat of Bowman Realty Company, Lake Louisa area - Commissioner District 2.

PUBLIC HEARING

PUBLIC SERVICES/RIGHTS-OF-WAY, ROADS & EASEMENTS

ROAD VACATIONS

PETITION NO. 749 - THOMAS BYRNES - LAKE LOUISA AREA

Mr. Jim Stivender, Jr., Director of Public Services, explained this request, stating that there were two vacations on this petition. He stated that they were expedited, due to the fact that the applicant was at the point of closing and there was an easement on the property. He stated that there were no letters for or against the request and no objections from the utility company. He then answered questions from the Board regarding the request.

The Chairman opened the public hearing.

It was noted that the applicant was present in the audience.

There was no one present in opposition to the request.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried, the Board approved a request from Public Services for approval of Road Vacation Petition No. 749, by Thomas Byrnes, to vacate utility and drainage easement, Vistas Subdivision, Section 8 and 9, Township 23, Range 26, Lake Louisa area (south Clermont) - Commissioner District 2.

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

PUBLIC HEARING

MUNICIPALITIES/PUBLIC SERVICES/SUBDIVISIONS

RIGHTS-OF-WAY, ROADS & EASEMENTS/ROAD VACATIONS

PETITION NO. 753 - ROBERT SIMPKINS - SORRENTO AREA

Mr. Jim Stivender, Jr., Director of Public Services, explained this request, stating that, when his department first received it, it had already been expedited, to assist the property owner. He stated that it involves a plat where they dedicated the right-of-

way to the property owners and are now making every property owner dedicate their right-of-way to the public. He stated that, of all the property owners, Mr. Simpkins was not willing to give up that dedication. He stated that he had spoken to Mr. Simpkins about the matter, however, Mr. Simpkins was not receptive.

Mr. Stivender stated that the easement in question involves the closing on a house, which sits in the easement. He stated that Florida Power also wanted to reserve the end of the easement, to be utilized for power lines. He stated that Mr. Simpkins did provide the County with a deed on the portion of property south of the railroad track, which is the portion that is in the plat. He stated that, after the County received the first deed, it was brought to the attention that there was an additional 15 foot strip, 50 feet wide, on the north side of the railroad, between the railroad and the right-of-way of S.R. 46. He stated that said property is under the ownership of Mr. Simpkins' son, Robert Simpkins, who has refused to give up the right-of-way on that portion.

It was noted that the applicant was present in the audience.

The Chairman opened the public hearing.

Discussion occurred, at which time Mr. Stivender answered questions from the Board regarding the request.

Mr. Robert Simpkins, Jr. appeared before the Board stating that the request before the Board had nothing to do with his property, that it involved his parent's property. He then answered questions from the Board regarding same.

Mr. Garland Bartling, the owner of Lots 2 and 3, across the street from Mr. Simpkins, appeared before the Board stating that he had no opposition to the request, as long as the problem involving the Simpkins' property can be cleared up. He stated that the residents of the subdivision want the problem taken care of, so that Swan Road can be paved, because it is in very poor shape.



There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

A motion was made by Commr. Swartz and seconded by Commr. Bailey to approve the request and instruct staff that, in any future pavement and special assessment of Swan Road, the grantor of the 15 foot easement not be assessed for road improvement, subject to his deeding to the County the necessary easement across the 15 feet in question.

Under discussion, Commr. Cadwell stated that the issue before the Board involved two different people and questioned whether the County could tie an agreement into the easement with somebody other than the individual that owns the property involved in the road vacation.

Mr. Frank Gaylord, Interim County Attorney, stated that, if the County could work out the problems with all the parties involved, he would suggest continuing the case until 3:00 p.m., this date, and approve the easement vacation at that time.

Commr. Swartz withdrew his motion and Commr. Bailey withdrew his second.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved to postpone action regarding Road Vacation Petition No. 753, until after 3:00 p.m. this date, and authorized staff to enter into an agreement with the property owner, for the 15 feet of easement, and to indicate that the County will not special assess him for the road being paved.

RECESS & REASSEMBLY

At 10:40 a.m., the Chairman announced that the Board would recess for ten minutes.

PRESENTATION

COMMUNITY SERVICES/PUBLIC HEALTH

Ms. Edith Orsini, Senior Planner, North Central Florida Health Planning Council (NCFHPC), appeared before the Board stating that the NCFHPC was contracted by the Lake County Citizens' Commission

for Children, to prepare a Needs Assessment, to look at childrens' needs in Lake County. She then reviewed the Final Report of the Needs Assessment, dated December 1993.

Commr. Hanson stated that the report did exactly what she wanted it to do, noting that it had given the Commission a chance to be a part of the planning process. She stated that it is a new Commission that has a lot of responsibility and she feels that it is very important that they not go off in too many directions. She stated that the report has given the Commission focus, the specifics that they needed, and a strategy. She stated that out of said report came the Neighborhood Resource Centers and she feels that it is important that they become self sustained, by the community, not government fed.

Commr. Hanson stated that statistics show the relationship between the children and youth in Lake County and the County's economic development potential are tied together.

Commr. Gerber stated that she had attended the League of Women Voters' forum on Childrens' Services and found that there are some companies that are putting together day care programs for their employees. She stated that she would like to see the Childrens' Commission have a program to help people apply for grant money, to put such programs together.

Discussion occurred, at which time Ms. Orsini answered questions from the Board regarding data contained in the Needs Assessment.

Ms. Judy Edwards, Coordinator, Citizens' Commission for Children, appeared before the Board in response to a concern that Commr. Swartz raised about the fact that treatment of the abuse of drugs and alcohol will be mandatory for adult family members convicted of crimes related to the use of same, noting that he was not sure the Commission had the authority to require that it be mandatory. He felt that some clarifying language needed to be inserted in the report regarding the matter.

Commr. Hanson concurred, noting that the word "mandatory" should be taken out. She stated that she believes, with any project that the Childrens' Commission handles, there has got to be an accountability process. She stated that, if one Neighborhood Resource Center works and the County is able to document how it has made a difference, then the goal will be to go throughout the County and help any city that has a problem and would like to be helped. She stated that the program has worked in other areas and it is a way for neighborhoods to help neighborhoods, if they want to. She stated that it is not government driven, it is community driven, therefore, she feels that it will work. She stated that she feels the program is a very positive approach and that the County will be able to document the results.

Commr. Gerber referred to the fact that, in the report, it notes that peer counseling and mentoring programs will be expanded, for drug and alcohol abuse, and that she would like to see it become a higher priority item, because, according to experts in the field, mentoring is very important.

No action was needed or taken.

ADDENDUM NO. 1 (CONT'D.)

PRIVATE/PUBLIC PARTNERSHIP EVALUATION

CONTRACTS, LEASES & AGREEMENTS/UTILITIES

Mr. Pete Wahl, County Manager, informed the Board that they had been provided with a booklet from Public Financial Management, Inc. (PFM), containing case studies of various public/private partnerships involving the issue of providing utilities, that had been collected by PFM, Rose Sundstrom & Bentley, and Post, Buckley, Schuh & Jernigan, to assist the County in making an informed decision, as to the merits of proceeding with a study on same. He requested the Board to review the information provided, which he noted had been requested at a workshop meeting on February 10, 1994, and give staff direction, in terms of moving forward with the

development of a public/private partnership, for wastewater and water services in the south subregion of the County.

Commr. Gerber noted that, in reviewing the booklet, she did not see anything that was similar to Lake County's situation and questioned whether the booklet contained such a case.

Ms. Lavon Wisher, Managing Director, PFM, appeared before the Board stating that the booklet did not contain such a case. She referred to a letter she had submitted with the booklet stating that each case contained in the booklet is different and each is unlike the proposal of Greater Construction Corporation, to provide a public/private partnership for the south Lake service area. She noted, however, that each case has elements that will contribute to the study and negotiations for this proposed partnership.

Ms. Wisher stated that the Board would have to establish a framework of where they want to end up at and that, within that framework and guidelines, develop responsibilities, a jurisdiction, and authority for each individual party that will benefit the users in the end.

Ms. Wisher referred to a page in the booklet, under Tab 1, which lists First Phase Requirements and Financial Impact, stating that she had prepared said criteria to guide the study and give the Board the pros and cons and advantages and disadvantages of a public/private partnership. She stated that she could not tell the Board whether a public/private partnership would be good for the County, at this point in time, because she does not know what the overall framework will be and each individual situation is different and will have a different impact.

Mr. Wahl, County Manager, stated that, with the information staff had provided them on February 10, 1994, they had suggested moving forward, in trying to negotiate a framework for the structure that Ms. Wisher alluded to, noting that, out of that structure, many of the answers that Ms. Wisher identified can at least be addressed. He stated that it is very difficult, without

knowing the structure, what the County or the provider is willing to accept, what that structure will be, and what the dollar impact will be to the rate payers, or to anybody else. He stated that, recognizing that there are no guarantees in this matter, staff attempted to meet with the proposer and agree to share the costs, up front, if they were not successful in achieving a public/private partnership agreement. He stated that it is still on the table, thus, his request for direction from the Board.

Commr. Cadwell stated that he felt the next logical step would be to enter into some type of agreement with a consultant service, to see where the County is, noting that, in the past, the Board has made decisions about water/wastewater for south Lake County and let it go. He stated that he felt this was a logical way for the County to determine whether or not it would be feasible for the County to do it.

Commr. Swartz stated that he had read the document and only saw one case that was somewhat similar to what is being proposed, which he elaborated on. He stated that, if the County is interested in being involved in the water and sewer business in the south Lake region of the County, then the County should do the study to determine the feasibility, based on what is available, what the value of it is, and what the future impacts to the rate payers will be, based on the County acquiring it, rather than putting together some numbers that will show what it might be, sometime in the future.

Commr. Swartz stated that he would not be interested in spending more money for consultants to go out and look at something that might be in the future and that he was concerned about entering into an agreement for the future acquisition of a facility that he does not feel is what the consultants envisioned for that area.



Further discussion occurred, at which time Commr. Swartz noted that he had some questions for Post, Buckley, Schuh & Jernigan, however, they were not present to answer them.

Commr. Cadwell questioned what the selection process would entail for a planning consultant.

Mr. Wahl, County Manager, stated that staff would work with Mr. Sundstrom, PFM, and Post, Buckley, Schuh & Jernigan and come back to the Board with a scope of services that had been worked out, to identify and address some of the questions that Commr. Swartz had, and try and obtain approval from the Board to move forward, at that point.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board approved a request from Planning and Development for approval to obtain consultant services necessary to evaluate the advantages and disadvantages and possible structure of an agreement with Lake Groves Utilities, in order to provide utility service to the south sub-region of the County.

Commr. Swartz voted "No".

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ACCOUNTS ALLOWED/MOSQUITO & AQUATIC PLANT MANAGEMENT

PUBLIC SERVICES/SHERIFF'S DEPARTMENT

Mr. Pete Wahl, County Manager, explained this request, stating that, in December of 1993, the Sheriff informed staff that he could acquire several surplus helicopters (Hughes 500C) from the Federal Government and questioned whether the County would be interested in working out a joint use program with him for mosquito control. He stated that staff had explored that possibility and was recommending that the Board authorize staff to expend $15,000 of infrastructure surtax money, to acquire a spray system that is adaptable to that particular unit, and to allow staff to use current available funds, including excess cash forward in the Mosquito Control Account, to implement said spray system.



Mr. Wahl stated that the helicopter would enable the County to get into some relatively inaccessible areas, particularly around the reflooded muck farms in the Emeralda Marsh and on Lake Apopka, where they have had some reports of increased mosquito activity.

Discussion occurred regarding the matter, at which time Commr. Swartz stated that, aside from the cost issue, there is a very real problem related to the creation of mosquitos from the additional flooded areas and that he feels the Water Management District has been reluctant to act, because of some studies that they are conducting.

Mr. Jim Stivender, Jr., Director of Public Services, interjected that the Water Management District considers mosquitos as a food chain for fish and they do not want to eliminate that food chain.

Commr. Gerber questioned whether the County had ever considered bats as a way to eliminate mosquitos.

Mr. Eric Cotsenmoyer, Director of Mosquito/Aquatic Plant Management, appeared before the Board in response to Commr. Gerber's question, stating that studies have been done to determine the impact that bats have on mosquitos and found that they do have an impact, however, he noted that bats are a natural predator and nature has a way of overcoming that.

Commr. Swartz stated that he supports having the availability of the helicopter to help the County deal with mosquito control, however, he did not want to see the money come from the Infrastructure Sales Tax Account. He stated that he would like to see the County fund what it has to fund and, if the County runs out of funds for operational use, before the end of the budget year, then they will have to amend the budget.

A motion was made by Commr. Swartz and seconded by Commr. Cadwell to approve a request from Public Services, for authorization to expend $15,000 of unexpended funds from the Aquatic Plant Management Division, to equip a Hughes 500C

helicopter with a spraying system designed for mosquito adulticiding and larviciding, and to cooperate with the Sheriff's Department in the use of said helicopter, with a review toward the end of the year, if necessary, for additional funds to purchase operational supplies.

Commr. Gerber stated that she would not support the request, because she feels that helicopter spraying is indiscriminate and that the proliferation of pesticides is something that she does not want to see. She stated that she would rather use bats. She stated that see hated to see the program, as a whole, go forward, because she feels that the County will let up on the ground spraying, out of necessity, and she feels that it is more targeted.

Mr. Cotsenmoyer reappeared before the Board, in response to Commr. Gerber's concerns, stating that use of the aircraft will not eliminate ground application. He stated that the aircraft might enable the County to reduce the increase of using ground pesticides, for the areas in question, because of accessibility. He stated that aerial applications are much more effective in the total reduction of mosquito population than ground applications.

Further discussion occurred.

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

Commr. Gerber voted "No".

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS

PUBLIC SERVICES

It was noted that Tabs 39 and 40, of the County Manager's Departmental Business, pertaining to the issue of the Lady Lake Landfill closure, would be discussed together.

Mr. Ron Roche, Director, Solid Waste Management Division, explained this request, Tab 40 of the County Manager's Departmental Business, stating that it pertained to the closure of the Lady Lake Landfill and some things that were discovered during the first phase of the engineering part of the project.

Mr. Ken Whitehead, Engineer, SCS Engineers, appeared before the Board and gave a brief presentation regarding the SCS recommendation that the County proceed with the purchase of the property to the east of the Lady Lake Landfill. He reviewed several maps and charts (on display) which were contained in a booklet that had been distributed to the Board, for their perusal, of the Lady Lake Landfill property, as well as a ten acre parcel that the County owns to the west of the landfill and a ten acre parcel located to the east of the landfill that they recommend the County purchase. He stated that purchase of the additional property located to the east of the landfill will benefit the County in the following ways, which he elaborated on:

Additional Stormwater Management Area

Onsite Borrow Area

Placement of Groundwater Monitoring Wells IAW Permit

Less Construction Traffic

Lowered Construction Cost Due to Side Slope Reconfiguration

Potential Cost Savings of up to $210,000



Mr. Whitehead then discussed Tab 39, of the County Manager's Departmental Business, a request from Public Services for approval to amend the SCS Engineers contract, to include Task 2, for the Lady Lake Landfill closure. He stated that the potential savings from the Task 2 efforts is as follows:

Reduced Quantity of Refuse/Fill Relocation $500,000

Reduced Number of Passive Gas Vents 200,000

Total Savings $700,000



He then noted the following reasons for their recommendation:



Actual Limits of Refuse is Probably 27 Acres Rather Than 19

Change in Final Cover Design from Clay to VLDPE

Decrease in the Total Number of Gas Vents

Reduced Cost Resulting From Regrading the Landfill

Lower Construction Cost

Potential Cost Savings of up to $700,000



Mr. Roche, Director, Solid Waste Management Division, informed the Board of a correction in Tab 39, being that Addendum No. 1 should be changed to Addendum No. 2.

Commr. Swartz commended SCS Engineers for the job they did, noting that they allowed the County to close the landfill, under

the rules that existed when the County began the process, which he noted will save the County additional monies.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from Public Services for approval to amend the SCS Engineers contract, to include Task 2 (major modification) for the Lady Lake closure; authorization for the Chairman to sign Addendum No. 1; and a request for authorization to encumber and expend funds necessary to perform Task 2, in the amount of $110,000, subject to review and approval by the County Attorney.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, the Board approved a request from Public Services for approval to negotiate the purchase of approximately 10 acres of property adjacent and east of the existing Lady Lake Landfill site.

RECESS & REASSEMBLY

At 12:15 p.m., the Chairman announced that the Board would recess for lunch and would reconvene at 2:00 p.m.

PUBLIC HEARING (CONT'D.)

MUNICIPALITIES/PUBLIC SERVICES/SUBDIVISIONS

RIGHTS-OF-WAYS, ROADS & EASEMENTS/ROAD VACATIONS (CONT'D.)

PETITION NO. 753 - ROBERT SIMPKINS - SORRENTO AREA

It was noted that action regarding this petition had been postponed, earlier in the meeting, in order to allow staff to meet with Mr. Robert Simpkins, Jr., regarding the deeding of a 15 foot easement to the County.

On a motion by Commr. Gerber, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public Services for approval of Road Vacation Petition No. 753, by Robert Simpkins, to vacate utility and drainage easement, Sorrento Acres, Section 25, Township 19, Range 27, Sorrento area - Commissioner District 4 and to accept a Statutory Quit Claim Deed, for right-of-

way on Special Assessment, from Mr. Robert Simpkins, Sr. and a Statutory Warranty Deed from Mr. Robert Simpkins, Jr.

PLANNING & DEVELOPMENT/ZONING

Mr. Pete Wahl, County Manager, informed the Board that the County had received a letter from the attorney representing the Cross-Tie Ranch, requesting that their case, concerning an appeal of vested rights determination for concurrency, be withdrawn, at this time.

No action was needed or taken.

BUDGETS/COUNTY EMPLOYEES/HUMAN RESOURCES

PUBLIC SERVICES/SOLID WASTE

Mr. Ron Roche, Director, Solid Waste Management Division, appeared before the Board stating that staff had taken a hard look at the operations of the Solid Waste Management Division, both in the realm of the Comprehensive Plan, to see where the County needs to be, and at the Clean Air Act, to see what is required in their operating permits, and tried to funnel the mid-year budget adjustments before the Board this date to address some of those issues.

Mr. Roche stated that he felt the Board would see, in going through his presentation, that staff has added some environmental safeguards to some of the Solid Waste Management Division's programs and has become more efficient in their operations. He stated that the Board would see some cost saving measures, as well as some definite improvements to the services that his division provides.

At this time, Mr. Roche reviewed a booklet, by way of overheads, that had been prepared and distributed to the Board, prior to the meeting, concerning mid-year budget adjustments for the Solid Waste Management Division. He stated that the Board should also have been given a memorandum from Ms. Eleanor Anderson, Office of Budget, dated February 25, 1994, concerning said mid-year adjustments.

Mr. Roche reviewed a chart, contained within the booklet alluded to earlier, indicating that the Solid Waste Management System is currently comprised of the following programs:

Solid Waste Disposal Operations

Waste-to-Energy Facility

Hazardous Waste

Recycling



He informed the Board that he plans to implement, in the near



future, the following new programs:



Clean Debris Disposal

Animal Bedding Pilot Program

Curbside Household Battery Recycling Program

Countywide Household Hazardous Waste Collection Program

Compost Facility

Ash Re-Use



Mr. Roche stated that the Solid Waste Management Division is comprised of the following sections:

Administration

Solid Waste Disposal Operations

Recycling

Hazardous Waste Management

Capital Projects Management

Customer Service



He noted that he was proposing, in this budget, a new section called Program Support Services.

Regarding the Solid Waste Disposal Operations section, Mr. Roche stated that it is currently open 7:30 a.m. to 5:30 p.m., seven days per week, and, in looking at the staff requirements to handle that function, found that they are only staffed, full-time, two days per week. He stated that the current employees are working four ten hour days, with no lunch hour, noting that, if they have lunch, it is in their piece of equipment.

Mr. Roche stated that, to put that section on its footing, he was suggesting an additional two (2) Equipment Operator III positions, one for the Landfill area and one for the C & D area. He stated that he also has in the budget two tankers, to enable the County to do its own transporting of leachate to the local facilities, Eustis and Leesburg. He stated that one of the Operator III positions would also do the transporting of the leachate, noting that, in looking at a five year plan, it would save the County approximately $155,000 over and above the transporting that is currently taking place, to the two facilities, by a private vendor.

Mr. Roche stated that another problem he found is that the County does not have, nor have they ever had, maintenance workers in the Solid Waste Management Division. He stated that any time there is maintenance to be done, it is done by equipment operators that are pulled off their normal positions. He stated that he is recommending one (1) Maintenance Worker II position and two (2) Maintenance Worker I positions. He stated that one of the Maintenance Worker I positions would be part-time, summer only, to assist in the grass mowing of the Astatula site and outlying sites.

Mr. Roche stated that, with completion of the new cell that is being built at the Astatula site, estimated to be June of 1994, his division will have a much more technical situation to deal with, noting that the maintenance of that cell is going to require almost full-time attention. He stated that the County has not had any full-time attention paid to the leachate situation, in the past, and this was something that he would like to see corrected, otherwise, the County is going to have a mess on its hands, in the future, if it is not kept maintained.

Mr. Roche discussed the Recycling section, noting that he plans to implement the following programs, in the near future, elaborating on each:

Commercial Multi-Family Collection

Curbside Household Battery Program

Co-Operative Horticultural/Waste Sludge Recycling

Clean Debris Recycling

Fluorescent Lamp Recycling

Co-Operative Processing and Marketing

Recycling Materials Purchasing

Animal Bedding Pilot Program



Mr. Roche stated that he did not anticipate needing additional staff for the Recycling section, at this time, noting that some of the work load currently in that section will be deferred to the new section later on.

Regarding the Hazardous Waste Management section, Mr. Roche discussed future programs that will be implemented, as follows, elaborating on each:

Integration with Assessment Data Base

Countywide Household Hazardous Waste Collection Program

Co-Operative Fluorescent Lamp Recycling Program

Co-Operative Residential Recycling



Mr. Roche stated that he was requesting one (1) Environmental Technician I position, to be located at the Astatula Landfill Household Hazardous Waste Drop Site, noting what said individual's duties will be. He further stated that he was requesting one (1) Environmental Specialist I position and one (1) Environmental Technician II position, to work with the Mobile Household Hazardous Waste Collection Program.

Mr. Roche reviewed the Capital Projects Management section, noting that said section is currently staffed by one employee, being the Solid Waste Construction Contracts Manager. He stated that most of said projects are underway, however, one of the problems he is faced with is the fact that, due to the number of projects that are currently underway and starting, the Contracts Manager is deluged with paperwork. He stated that the new section he is recommending will relieve him of that paperwork and allow him to be in the field, where he really needs to be, looking over the projects.

Mr. Roche reviewed the Customer Service section, noting the various programs that fall under it. He stated that this section currently has three (3) permanent and six (6) temporary employees. He stated that he was requesting a reclassification of the three permanent jobs and their job descriptions and requesting one Field Investigator, noting that they currently have two temporary Field Investigators. He requested that the two temporary positions be cut to one and that the one position be made permanent. He also stated that he was requesting three (3) Customer Service Representatives I, however, one of those positions will be deferred until mid-year, next year. He stated that the Program Specialist position is one that is desperately needed for this section, as said individual will be the one that maintains the new computer system and keeps the data base up-to-date.

Regarding the proposed Program Support Services section, Mr. Roche stated that he felt this was a section the Solid Waste Management Services Division desperately needs, noting the reason for same. He stated that he was asking for one (1) Support Services Coordinator and one (1) Support Services Specialist, however, was suggesting deferral of the Specialist position until mid-year, next year.

Mr. Roche then reviewed charts, contained in the booklet (Mid-Year Budget Adjustments) indicating Operating Needs vs. Resources, for various Solid Waste Programs currently existing. He stated that the new programs staff will be bringing to the Board are in line with the Comprehensive Plan and with what is required by law.

Mr. Roche then reviewed a Summary that had been prepared indicating the positions being requested this date. He stated that he was requesting fifteen (15) new positions, six of which are temporary. He briefly discussed the reclassification of several positions.

Mr. Roche stated that staff had done some projections on the budget and found that the positions he was requesting could be accomplished, under the current rates, and could be accomplished again next year, without rate increases. He stated that it does not appear, on the surface, that this is a tightening of the belt, but it actually is, noting that, over time, he feels the Board is going to realize the savings, due to better maintenance of the facilities, as opposed to almost no maintenance.

Discussion occurred, at which time Mr. Roche answered questions from the Board regarding the matter.

It was noted that Ash Re-use is a program that staff will be bringing back to the Board, at a later date.



Commr. Cadwell stated that he felt this was a step in the right direction and that he intended to support the request.

Commr. Bailey commended staff on how they handled the whole Solid Waste Program and made it better. He stated that it appears to him that the positions are needed and he was glad to see that the request can be fulfilled within the budget.

Commr. Swartz stated that Mr. Roche presented some aspects of the Solid Waste Program that he could support this date, however, there were many that he would want more time to consider, before approving the request. He stated that he felt some of the staffing was needed, but not all of it, and he wanted to make sure that there were no duplications.

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board and responded to a concern that Commr. Swartz had concerning staffing.

Commr. Hanson stated that, if Commr. Swartz did not feel comfortable with making a decision this date, she did not have a problem with postponing action until a later date. However, she noted that she felt it was a bold plan that had been put together in a very comprehensive manner and she commended Mr. Roche for doing so. She stated that she felt there were areas that could still be improved upon, but, felt that the County would move forward in that respect. She stated that the County is mandated to have such a plan and she feels that it meets the County's Comprehensive Plan.

Commr. Hanson stated that it will pull components out of the waste stream that are harmful to the environment and that it involves the cost avoidance of clean debris filling up the landfill. She stated that it meets the County's recycling mandates, which the County now realizes it needs to address very aggressively, and it gives the County stable rates that it needs to have. She stated that, for the first time, it gives the County an account for depreciation, which the County has not had in the past,

and allows for maintenance, which the County has not had in the past, in a truly effective manner. She stated that it eliminates consultants and deals with streamlining, which the County has said that it wants to do, and, for the first time, it gives the County written procedures. She stated that there may be areas that the Board could nit pick, on technicalities, but, as a whole, she felt that it was a comprehensive plan.

Commr. Hanson stated that, typically, and with good reason, staff has been afraid to go to the Board for any change, or request, of this nature. She stated that they did it this time in a big way, but they showed the Board that it will not increase rates for this year, or next year. She stated that she felt the Board needed to look at the big picture, whether or not it addresses the needs that the County has been mandated to address, or that the County has set as a priority item.

Commr. Swartz stated that he did not disagree with most of what Commr. Hanson stated, however, questioned whether it does all the things that she stated it does, in the most cost effective way. He stated that is the part that he is the most uncomfortable with. He stated that he is not confident that what is proposed does what needs to be done, in the most efficient, effective way. He stated that there are certain aspects of what is being proposed that need to be adopted, but, just because it does not mean a rate increase for next year, it does not mean that the County needs to spend that money, noting that the County has excess funds for a number of reasons.

Discussion continued regarding the matter.

A motion was made by Commr. Cadwell and seconded by Commr. Bailey to approve a request from Public Services for approval of the FY 1993-94 Mid-Year Budget Adjustments, for new programs and related budget changes, including personnel recommendations, for the Solid Waste Management Services Division, as follows:



New Programs



Financial Management Services

Mobile Household Hazardous Waste Collect.



New Positions



Financial Manager (1)

Financial Analysis/Specialist (1)

Environmental Specialist I (1)

Environmental Technician I (1)

Environmental Technician II (1)

Maintenance Worker I (2)

Maintenance Worker II (1)

Leachate System Maintenance Worker (1)

Equipment Operator III - C & D (1)

Equipment Operator III - Landfill (1)

Field Investigator (1)

Customer Service Representative I (3)



Under discussion, Commr. Gerber questioned whether Mr. Stivender, Director of Public Services, felt comfortable with the request.

Mr. Stivender stated that, at first, he was a little skeptical, however, after meeting with the County Manager, he felt more comfortable with the request, noting the reason for same.

Mr. Don Braksick, a resident of Leesburg, appeared before the Board stating that he felt more discussion should occur about the matter, before the Board approved it, and that it should occur in a workshop meeting.

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

Commr. Swartz voted "No".

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

GRANTS/PUBLIC SERVICES

Mr. Ron Roche, Director, Solid Waste Management Division, explained this request, stating that it was a grant implemented by the Florida Department of Environmental Protection, to combat litter. It was designed to assist Lake County in establishing an anti-litter program.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Public

Services for approval for the Chairman to execute the Litter & Marine Debris Prevention Grant and sign all necessary documents related to the Litter Abatement Program.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/LAWS & LEGISLATION

MUNICIPALITIES

Mr. Frank Gaylord, Interim County Attorney, informed the Board that he had met with the various city attorneys, over the last two months, trying to determine how to proceed with the matter of annexing enclaves into the cities. He stated that they requested him to report back to the Board that they would like to take to their boards an interlocal agreement which provides that the municipality will hold a hearing on the enclaves. He noted that the municipality would be responsible for getting the notices to the property owners. He stated that the annexation, at that point, would be done by Resolution before the municipality. He stated that the issue at hand is whether or not the Board of County Commissioners would wish to have a hearing held before it, as well as before the annexing municipality.

Mr. Gaylord, Interim County Attorney, stated that the ELMS (Environmental Land Management Study) Bill was created to try to square up boundary lines, as far as the municipality was concerned. He stated that, through the years, enclaves have been created, however, it creates problems, as far as service areas and police and fire protection for the County, as well as the cities. He stated that the interlocal agreement would sunset at the end of this year, so that, if a municipality wanted to avail themselves of squaring up their boundaries, it could possibly be done within the next nine months.

Mr. Gaylord stated that the draft interlocal agreement before the Board this date would not require a hearing before the Board of

County Commissioners, only before the municipality. He requested direction from the Board regarding the matter.

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board stating that, upon hearing about this issue, his staff did some preliminary research on enclaves in every city in the County. He stated that his primary interest was to research roads that have an enclave on them, which prevents the County from transferring that road maintenance to the city. He stated that there are some large areas in Eustis and Lady Lake, however, most of them are larger than 10 acres. He stated that his staff is in the process of trying to identify those areas and will be bringing a list of same back to the Board, at a later date, with a more accurate description and exactly what the costs will be, concerning the maintenance.

Mr. Gaylord, Interim County Attorney, stated that the interlocal agreement allows the County to request the municipality to annex properties inside the municipality. He stated, however, that it would have to be an enclave, or fit within the definition of an enclave, which is limited to ten acres.

Mr. Mike Stearman, City Manager, City of Eustis, appeared before the Board stating that the League of Cities had met on this issue and would like the Board of County Commissioners to move ahead with it. He stated that they feel it is counterproductive to do two public hearings, noting that a public hearing will be held when they do the interlocal agreement, which will list the areas of enclaves that would be considered, and then the cities will hold hearings on each individual enclave, as it is annexed in.

He noted that the City of Eustis has a total of 37 enclaves and approximately half of those will meet the definition of the ten acres or less.

Commr. Cadwell questioned whether Mr. Stearman had a problem with the sunset provision.

Mr. Stearman noted that he did not.

Mr. Gaylord, Interim County Attorney, informed the Board that the intent of the sunset is to say that this is a window of opportunity to proceed with the squaring up of the boundaries.

Commr. Hanson stated that there would be nothing to preclude the County from extending the sunset, at some future time.

Mr. Bob Williams, Attorney, stated, from the audience, that he supported the Interim County Attorney's proposal, on behalf of the cities that he represents.

Commr. Swartz stated that he saw no real purpose to the interlocal agreement before the Board this date. He stated that, in most cases enclaves should and will be annexed, but he feels that the County should hold the public hearings and make that determination, otherwise, people that are being annexed will have no recourse in any elected body. He stated that he supported going forward with this issue, but, had understood that the Board of County Commissioners would hold the public hearings. He stated that the draft interlocal agreement before the Board this date would not provide for a public hearing for the citizens who live in the unincorporated areas of the County that are still classified as an enclave.

Commr. Cadwell stated that he felt the public hearings on the city level would take care of the concerns raised by Commr. Swartz and would give everybody an equal chance. He stated that the interlocal agreement will give the County the tool to take care of the problems concerning enclaves.

Commr. Gerber stated that she concurred with Commr. Cadwell, however, as Commr. Swartz noted, those people living in the unincorporated areas do not vote for the elected officials of the cities.

Commr. Bailey stated that he felt this was the only way for the County to correct the problems that it has concerning enclaves.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board authorized the Interim County Attorney to draw

up a Resolution for the County to enter into interlocal agreements with the various municipalities, to permit annexation of enclaves, per the ELMS (Environmental Land Management Study) Bill.

Commrs. Swartz and Gerber voted "No".

ADDENDUM NO. 1 (CONT'D.)

PERSONAL APPEARANCES

ACCOUNTS ALLOWED/FUNDS/OUTDOOR RECREATION

Mr. Bob Williams, Attorney, representing the Lake County Soccer Club, appeared before the Board stating that when he appeared before the Board at a previous meeting, they supported the concept of the Soccer Club's project, however, urged them to present the project to the Tourist Development Council (TDC). He stated they did so, on February 23, 1994, and that the TDC heartedly supported the concept of the project, as well, noting that they felt it would be something positive for the youth of Lake County. He stated that he felt the TDC also felt that this project would have a positive tourism effect on Lake County, however, noted that they wanted to see numbers indicating what impact said project is going to have on the County, before they committed to the level of funding that the Soccer Club was seeking. He stated that they cannot establish said numbers at this time, since there is not a facility in place.

Mr. Williams stated that the TDC voted to recommend that the Board fund $5,000, of the $20,000 per year that the Soccer Club requested, with continued commitment being tied to some tangible showing that the facility was having a positive effect on tourism, which he noted is a condition that the Soccer Club was agreeable to.

Mr. Williams thanked Commr. Hanson for her effort in pushing the matter through the TDC and requested the Board's approval of the Resolution before them this date, indicating the Board's approval of the TDC's recommendation to provide funds for a soccer

complex to be constructed on the Lake County Water Authority property known as Hickory Point, located on Hwy. 19, in Tavares.

Mr. Williams stated that their original request was for a multi-year funding commitment of $20,000 per year, for four years. He stated that, with the $5,000 per year commitment from the TDC, it still leaves them short of funds. He urged the County to fund the balance of their $20,000 per year request, which is $15,000 per year, for the next four years, so that they can meet their goal and get their project to fruition sooner.

Mr. Williams introduced several members of the Lake County Soccer Club, who were present in the audience.

Mr. Wahl, County Manager, informed the Board that it is possible, with existing dollars, to expand the $200,000 in the Infrastructure Improvement Program Fund by an additional amount, be it $40,000 or $50,000, and earmark those additional dollars to be used as match dollars for long-term projects. He stated that, if the Board desired, they could use said dollars to serve as an incentive to the cities to work with their community groups and have the community groups come up with some type of matching funds and undertake the larger projects. He stated that the $15,000 difference Mr. Williams is requesting could come out of this account and the remainder could be given to the Parks and Recreation Advisory Committee, for program commitments.

Commr. Cadwell stated that, if the Board could agree to put additional funds in the account for long-range projects, he would not have a problem with approving the $15,000 request, however, he urged the Board not to take it out of the $200,000 that is presently in the account. He stated that he wanted to make sure the Board did not shut the cities out, because they are the ones that have been providing the recreational facilities in the County, over the years.

Further discussion occurred, at which time Mr. Wahl, County Manager, suggested that the County not use the infrastructure funds, for matching purposes, but to use other services provided by the community.

Commr. Bailey stated that he would like to look at other events besides just soccer.

Commr. Hanson stated that she felt the public/private partnership was the way to go and that she had no objection to the recommendation.

Mr. Jim Myers, Chairman, Parks and Recreation Advisory Committee, appeared before the Board stating that he felt the Committee would support the County Manager's suggestion.

Ms. Debbie Stivender, a member of the Parks and Recreation Advisory Committee, appeared before the Board stating that the only concern she had with the recommendation was the non-profit organization issue, which she elaborated on. She stated that, if the Board had some long-range plans that would cost thousands of dollars, then she felt that they needed to come up with a set amount to work from and create some guidelines. She noted that she felt the soccer program was a great program, however, she felt that funds for it should come out of another account, rather than out of the Infrastructure Improvement Program Fund.

Commr. Swartz stated that he felt this was a good project, however, he could not support it. He stated that he would have liked to see the Tourist Development Council fund it, which would have given some rational for additional funding in this and future years.

Commr. Bailey stated that the County has not had, to date, a league, such as the Soccer Club, bring a proposal to the Board and he felt that they could learn from the Soccer Club and use it as an example, therefore, he would support the request.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from the Tourist Development Council for authorization to grant funding, in the amount of $5,000 per year, for the next four years, to the Lake

County Soccer Club, for the purpose of constructing a soccer complex at Hickory Point, in Tavares, with a stipulation that the commitment shall be reviewed at the beginning of each year, to determine that the complex has, in fact, advanced and promoted tourism in Lake County.

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried, the Board authorized staff to take $50,000 per year out of the Infrastructure Sales Tax Fund and create a fund for long-range projects, with criteria to be set up by the Parks and Recreation Advisory Committee, and that $15,000 of said funds be awarded, per year, for the next four years, to the Lake County Soccer Club, as requested by Mr. Bob Williams, Attorney, representing the Lake County Soccer Club, to be added to the $5,000 per year grant, for the next four years, from the Tourist Development Council, for the purpose of constructing the soccer complex at Hickory Point.

Commr. Swartz voted "No".

On a motion by Commr. Cadwell, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Mr. Bob Williams, Attorney, representing the Lake County Soccer Club, to authorize the Chairman to execute an agreement between Lake County, the Lake County Soccer Club, and the Lake County Water Authority, indicating the County's support of a soccer complex to be constructed at Hickory Point, in Tavares, by approving funding in the amount of $15,000 per year, for the next four years, to be taken out of the Infrastructure Sales Tax Fund, subject to review and approval by the Interim County Attorney.

ORDINANCES/PLANNING & DEVELOPMENT/RESOLUTIONS/ZONING

Mr. Frank Gaylord, Interim County Attorney, requested authorization from the Board to advertise the ordinance pertaining to wind load standards.

On a motion by Commr. Bailey, seconded by Commr. Cadwell and carried unanimously, the Board approved a request from the Interim County Attorney for approval to advertise an Ordinance providing for a Resolution, pertaining to wind load standards requirements for agricultural property.

COUNTY EMPLOYEES

Mr. Pete Wahl, County Manager, explained this request, stating that it was a request for approval of an amendment to the existing policy pertaining to the voluntary contribution of sick or annual leave, as follows: (1) that the County reduce the amount of time that an employee is required to work for the County from four years to the completion of probation; (2) that the receiving employee would have to exhaust all available existing leave in their account; (3) that the donating employee would have to complete the appropriate paperwork, with Human Resources, in time to make the transfer; (4) that the employees that donate sick or annual leave do so with the understanding that said leave will be lost and cannot be recovered; and (5) that the donating employee must maintain a minimum of two weeks accrued sick leave, after donating sick leave.

Mr. Wahl stated that one of the things that had been in the policy that he was requesting be stricken was that the leave be subject to the approval of the department director and/or the Human Resources Director, in that sick and annual leave are both benefits that accrue to the individual employee and, if they choose to use them, staff feels that they have the right to do so.

A brief discussion occurred regarding the matter.

On a motion by Commr. Swartz, seconded by Commr. Bailey and carried unanimously, the Board approved a request from Human Resources for approval of Lake County Policy No. LCBB-400-005, Eligibility for Receiving Voluntary Contribution of Sick or Annual Leave, revising eligibility time and making minor housekeeping changes and additions, to become effective March 1, 1994, subject to review and approval by the County Attorney and the Labor Attorney, with any further consideration to be taken up with the Personnel Board.



OUTDOOR RECREATION/REPORTS

Commr. Bailey informed the Board that the County was making some progress with the issue of the Triathlon that is scheduled to be held in Lake County in the upcoming months and that he would update them, at the next Board Meeting, regarding the matter.

COUNTY EMPLOYEES/COUNTY MANAGER

It was noted that Wednesday, March 2, 1994, would be the County Manager's second anniversary with the County.

COMMISSIONERS/MISCELLANEOUS

Commr. Hanson thanked staff for their help and support during the State of the County Address, held on February 24, 1994.

Commr. Hanson requested that a letter be written to the Boggy Creek Hole in the Wall Gang indicating the Board's support of their facility being located in Lake County and offering the County's help, if needed.

COMMISSIONERS/MEETINGS

Commr. Hanson stated that she would like to set up a schedule for future Townhall Meetings, at which time a brief discussion occurred regarding same. She noted that each Commissioner would be in charge of their own meetings and could handle them however they wished. She stated that the main objective is to increase communication between the Board and the general public.

Commr. Swartz stated that, if the Board is going to continue with the Townhall Meetings, he feels that they need to change the format, as he feels that the meetings were beginning to become stale.

Commr. Hanson concurred with Commr. Swartz and stated that she felt there needed to be more publicity about the meetings, in order to get the public to participate. She stated that she felt it was critical for the Board to hold a meeting in the different districts, at least once during the year. If not once during the year, then once every two years, as she felt that it was very important to do so.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:10 p.m.



________________________________

CATHERINE C. HANSON, CHAIRMAN



ATTEST:







__________________________________

JAMES C. WATKINS, CLERK



sec/3-1-94/4-6-94/boardmin