A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 3, 1995

The Lake County Board of County Commissioners met in regular session on Tuesday, October 3, 1995, 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: Rhonda H. Gerber, Chairman; William "Bill" H. Good, Vice Chairman; G. Richard Swartz, Jr.; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Sanford A. Minkoff, County Attorney; Sue B. Whittle, County Manager; Ava Kronz, BCC Office Manager; Ms. Barbara Lehman, Chief Deputy Clerk, Finance, Audit & Budgets Department; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, requested that Tab 21, approval and execution of Change Orders to the Metric Renovation Contract, in the amount not to exceed $150,000.00; and an update on the work activities and expenses incurred to date, be pulled from the agenda.

Ms. Whittle noted that a revised cover sheet for Tab 7 had been distributed to the Board prior to the start of the meeting this date.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Accounts Allowed



Request for approval of Budget Transfers and Resolution from the Finance, Audit and Budgets Department, as follows:



BUDGET TRANSFER



Fund: Solid Waste Management

Department: Solid Waste

From: Contractual Services $40,000

To: Utility Services $40,000

Transfer #: 95-353



Justification: Transfer needed for increased leachate disposal. Funds are available due to Laidlaw Contractual Services now being paid by Hazardous Waste.



RESOLUTION NO. 1995-200



Fund: General

Department: Constitutional Officers/Elections

Revenue: Lease Purchase Proceeds $70,000

Expenditure: Machinery & Equipment $70,000

Transfer #: 93-369



Justification: To record the lease purchase of two OMR Ballot Scanners for the Supervisor of Elections.



Bonds-Contractor



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



New



150-96 James E. Denman dba Denman's Heating & Air Conditioning

430-96 James H. Montgomery (Residential Building)

502-97 Rufus H. Pace Mobile Home Sales, Inc.

1086-96 B & V Refrigeration, Inc.

1214-97 Allison B. Liles (Electrical)

1223-96 Pat Smallwood (Sign Erector)

1412-96 William C. Johnson (Electrical)

1433-96 Daniel H. Judy (Plumbing)

1516-96 Richard L. Weis

1542-97 Charles Welch (Residential Builder)

1646-97 Donald Girard dba Ace Home's By Girard

1709-97 Shalin, Inc. dba Bob's Air Conditioning & Refrigeration

1739-96 Jerry F. Miller (Specialty Contractor)

1773-96 Kenneth H. Golby dba Kenneth H. Golby Contractor

1817-96 Ronald E. Latow (Plumbing)

1922-96 Orin G. Cooper II/Mid-State Plumbing, Inc.

1942-96 Conrad G. Collins (Class B General Contractors)

4055-96 Richard L. Hill dba Hill's Quality Plumbing, Inc.

4059-98 Dale H. Judy, Circle D. Plumbing

4225-97 Gordon L. Peshek, Jr. (Master Electrician)

4230-97 William S. Thomas (General Building)

4243-96 Steven's Electric, Inc.

4325-96 John M. Roberts (General)

4664-97 Storm T. Kern (Aluminum)

4889-96 Ronald Kessel dba Crystal Kool Pools

4932-96 John E. Hawkins (Air Conditioning)

4966-97 Percy Eugene Poole (Master Electrician)

5019-96 Mike McGowen dba A-Plus Plumbing

5039-96 Nancy L. Hopkins dba Golden Triangle Air Conditional & Refrigeration

5156-97 Rolando Galassi (Heating, Ventilation & Air Conditioning

5113-96 Ronald D. Farley (Electrical)

5357-97 Glendora Yoder (Masonry Work)

5404-96 Tom Duncan dba Duncan Company (Air Conditioning)

5405-95 Ralph L. Drew, Jr. (Electrical)

5406-95 Doyle Starling (Plumbing)

5407-96 Linton H. Hartley, Jr. dba Reserve Mechanical Company, Inc.

5167-97 Ray R. Adams (Class B. Air Conditioning & Electrical)





Cancellation



1976-95 John Roper

4869-95 Ronald Hagadorm (Contractors License)



Accounts Allowed



Request to acknowledge receipt of 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 Board Support Division of the Clerk's Office.



State Agencies/Budgets



Request to acknowledge receipt of Green Swamp Land Authority's General and Acquisition Fund Balance Sheets; General Fund Revenues and Appropriation Expenditures; and General Fund Cash Receipts and Disbursements as of August 31, 1995, prepared by Greenlee Kurras Rice & Brown, P.A. in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants.



State Agencies/Utilities



Request to acknowledge receipt of Notice of Rescheduled Hearing Before the Florida Public Service Commission to Florida Power Corporation on Petition for Approval of Modifications to the Residential Load Management Rate Schedule by Florida Power Corporation, 9:30 a.m., Monday, September 18, 1995, Room 148, Betty Easley Conference Center, 1075 Esplanada Way, Tallahassee, Florida.



Meetings/Municipalities



Request to acknowledge receipt of Country Club of Mount Dora Community Development District notice of public meeting schedule and a District map, in accordance with Chapter 189 Florida Statutes. The Board of Supervisors of the Country Club of Mount Dora, Clubhouse Dining Room, 1900 Country Club Boulevard, Mount Dora, Florida.



Request to acknowledge receipt of Village Center Community Development District notice of public meeting schedule and a District map, in accordance with Chapter 189 Florida Statutes. The Board of Supervisors of the Village Center Community Development District will hold their meetings for Fiscal Year 1996 at the Lady Lake Community Building, 237 West Guava Street, Lady Lake, Florida, at 9 a.m. on the last Friday of each month.



COUNTY MANAGER'S CONSENT AGENDA



On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests:

Reports



Request for approval of the CPHU Activities and Expenditure Report for period ending June 30, 1995.



Community Services



Request for approval for the Division of Probation and Court Services to sponsor a Lake County Providers Fair on October 23, 1995 at the Lake County Cooperative Extension Service Auditorium.



Accounts Allowed



Request for approval of fourth quarter payment to LifeStream Behavioral Center for Fiscal Year 1994-95. Total expenditure of $42,500.00 pursuant to Florida Statute 394.76.



Accounts Allowed/Contracts, Leases & Agreements/Grants



Request for approval of Job Growth Incentive Grant Agreement for A. G. Carriers, Inc.; Golden Gem Growers, Inc.; Tucker's Machine and Steel, Inc.; Silver Springs Citrus Cooperative, Inc.; and Marriott Distribution Services, Inc. at fiscal impact of $370,000.



Contracts, Leases & Agreements/Sheriff's Department

County Buildings



Request for approval and execution of Maintenance Agreements for elevators in the Sheriff's Administration Building and the Historical Courthouse for a fiscal impact in the amount of $10,577,04.



Accounts Allowed/County Buildings/Animal Control



Request for approval and execution of Change Order No. 3 to Construction Development & Design Company for Lake County Animal Control Facility for a fiscal impact in the amount of ($3,190.00).



Accounts Allowed/County Buildings



Request for approval and execution of Change Order to Atec & Associations and Simpson & Associations contracts for asbestos abatement of the Historical Courthouse in an amount not to exceed $23,650.00.



Fire Protection/Resolutions



Request for approval of Proclamation No. 1995-201 proclaiming the period of October 8 through October 14, 1995 as Fire Prevention Week in Lake County.



County Employees/Human Resources



Request for approval of Certificates for employees with one year of service.



County Employees/Human Resources



Request for approval of David M. Griffith & Associates, Ltd. Job Classification recommendations, as follows:



Job Classification: Pay Grade: Type:



Senior Probation Officer 0017 From 0015

Special Projects Coordinator 0020 From 0025



Grants/Transportation/Planning



Request for approval of the 1995-96 Planning Grant Agreement for Non-Sponsored Planning Related Services for the Transportation Disadvantaged Coordinating Board; and authorization for the Chairman to execute the 1995-96 Planning Grant Agreement and submit to the Florida Commission for the Transportation Disadvantaged.





Roads-County & State/Resolutions



Request for approval of Resolution No. 1995-202 to post "No Parking" signs on Woodlea Road (#3-3840) for a distance of 500 feet in both directions from the center of the Woodlea Road Sports Complex.



Deeds/Road Projects/Rights-of-Way, Roads & Easements



Request for acceptance of the following deeds:



Statutory Warranty:



Steven G. Hill

S. Em-En-El Grove Road #5-7837



Donald Scott and Helen G. Cross Scott

Ravenswood Road #5-8872



Sung Min Im and Chun Ji Im

Rainey Road #4-3887



Non-Exclusive Easement:



David M. Gunderson and Denise L. Gunderson

Vista Avenue #1-4834B



Bids/Budgets



Request 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; approve and execute contracts and encumber funds.



D) Issue Purchase Orders for Services or Commodities from Annual Bids, State Contract, G.S.A., or Competitive Bids.



Division Amount



COUNTY WIDE $45,000.00



Parts and Equipment, NAPA Auto and Baas Auto/Authorization to extend Bid #B-2-4-60, Automotive Stock Parts for an additional year per the terms of the original Bid and issue Blanket Purchase Orders within budgeted funds. Funding will be from individual departments utilizing this Bid.



SOLID WASTE $50,000.00



DisposAll Inc./Authorization to extend Bid #B-2-4-9, Waste Tire Management Services for an additional year per the terms of the original Bid and issue a Blanket Purchase Order within budgeted funds. Funding is available from Account #420.4546260.537.8300340.



F) Approve and Execute Contracts, Agreements, Amendments, Chairman's Signature and Encumber Funds.



FACILITIES AND CAPITAL IMPROVEMENT $1,800.00



Chris Cox/Authorization for the Chairman to sign a new three month lease agreement for rental of office space for the Sheriff, pending the County Attorney's approval, and encumber budgeted funds at $600 per month. Funds are available through Account #001.7073200.521.8300440.



FACILITIES AND CAPITAL IMPROVEMENT $15,000.00



Public Financial Management, Inc./Authorization for the Chairman to sign Amendment One to extend the contract for Financial Advisor Services from July 1, 1995, to June 30, 1996, pending the County Attorney's approval. Public Financial Management, Inc. will provide services to assist staff in developing a Financial Development and Revenue Study for Lake County Exposition Park and Fair to be located at Lake County Central Park. Funding for this project will be shared, one third each, by Tourist Development Council, Lake County Fair Board and Board of County Commissioners. Funds are available from Account #114.0857535.552.8300310 for $10,000.00 (one half to be reimbursed by Fair Board) and Account #125.1260100.575.9300315 for $5,000.00.



ENVIRONMENTAL SERVICES $10,000.00



Professional Services Industries, Inc. (PSI)/Authorization for the Chairman to sign the second Amendment to their continuing contract for County Wide Professional Consulting Services, pending the County Attorney's approval, and encumber budgeted funds. This amendment is for additional professional services required due to the need for deeper wells at the Shockley Height Well Monitoring site. Amendment one to PSI's Contract for Shockley Height was Board approved on September 5, 1995. Funds are available from Account #001.1041320.537.8300340.



SOLID WASTE $15,000.00



The Main Line Corporation/Authorization for the Chairman to sign the option to renew from October 1, 1995, through September 30, 1996, for Integrated Special Assessment Management System Software Support and System Maintenance Service Agreement, pending the County Attorney's approval and encumber budgeted funds from Account #420.4546280.534.8300310.



FACILITIES AND CAPITAL IMPROVEMENTS $12,400.00



David and Marilyn L. Weis/Authorization for the Chairman to sign change order three and four to Marilyn L. Weis' contract for a four month extension of rental office space for the Sheriff, pending County Attorney's approval and encumber budgeted funds. The extended contract period will be from September 1, 1995 through December 31, 1995, at the rate of $3,100.00 per month. Funds are available from Account #001.7073200.521.8300440.



FACILITIES AND CAPITAL IMPROVEMENT $ 9,733.24



Joseph H. Nolette/Authorization for the Chairman to sign Change Order three and four to Joseph H. Nolette's contract for a four month extension of rental office space for the Sheriff, pending the County Attorney's approval and encumber budgeted funds. The extended contract period will be from September 30, 1995 through December 31, 1995 at the rate of $2,433.31 per month. Funds are available from Account #001.7073200.521.8300440.



Deeds/Landfills



Request for approval and authorization for the Chairman to execute Declaration to the Public for the Closure of the Astatula Phase I Landfill and to record in the Deed Records of the Clerk of Circuit Court.





PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

EMPLOYEE AWARDS

At this time, Commr. Gerber presented the following awards and plaques, as Mr. Joe Grawet, Personnel Manager, provided information on each individual:

Presentation of Plaques to Employees with Five, Ten and Fifteen Years of Service



Five Years of Service



James R. Copenhaver, Building Inspector, Planning and Development/Building Services



William D. Nicodem, Mechanic II, Public Services/Roads Division/Vehicle Maintenance Services (Not Present)



Ten Years of Service



Helen M. Thibodeau, Secretary III, Community Services/Director's Office



Fifteen Years of Service



Charles Nunley, Chief Animal Control Officer, Fire and Emergency/Animal Control



LAKE COUNTY BOARDS AND COMMITTEES AWARD



Presentation of Plaques



Presentation of plaque to Robbie A. Hollenbeck for her service to Lake County as a member of the Lake County Transportation Disadvantaged Coordinating Board from 1991-1995.

Presentation of plaque to Garth E. Phillips for his service to Lake County as a member of the Lake County Transportation Disadvantaged Coordinating Board from 1990-1995.

At this time, Commr. Cadwell expressed his appreciation to Ms. Hollenbeck and to Mr. Phillips for their dedication and leadership on the Transportation Disadvantaged Coordinating Board.

PRESENTATION OF PLAQUES

Presentation of plaque to Peter F. Wahl in recognition of service as County Manager for the period of March 1992 - March 1995.



Presentation of plaque to Frank T. Gaylord in recognition of service as Interim County Attorney for the period of October 1993 - March 1994 and as County Attorney for the period of April 1994 - November 1994.





PRESENTATION BY THE LAKE COUNTY CITIZENS' COMMISSION FOR CHILDREN

Presentation of plaque and certificate by the Lake County Citizens' Commission for Children.to Commission Hanson and Joan McCall for their leadership and dedication to the children and families of Lake County.



PRESENTATION OF PROCLAMATION



Presentation of Proclamation designating October as United Way Month in Lake County to Don Roberts, Campaign Chairman of the United Way.



ADDENDUM NO. 1

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PETITION NO. 800 FRANK H. HAAS LEESBURG AREA

Mr. Jim Stivender, Jr., Director of Public Services, appeared before the Board to present Road Vacation Petition No. 800 by Frank H. Haas, Leisure Communities, Ltd. to vacate drainage easement, Pennbrooke Phase 1-G. He stated that this request was postponed from the Board meeting on September 26, 1995. At this time, Mr. Stivender distributed a letter to the Board, dated September 27, 1995, from Pennbrooke Homeowners' Association, Inc., which indicated that the Homeowners' Association noticed and held a special meeting to discuss the St. John's Water Management District report and that no one present objected to said report. He stated that staff recommends approval of Road Vacation Petition No 800.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis & Wells, P.A., representing Florida Leisure Communities, Ltd., appeared before the Board and stated, for the record, that the Pennbrooke Fairways Executive Committee noticed and held a special meeting on September 27, 1995 to discuss the St. John's Water Management District report. She stated that this request was for the removal of a drainage easement on one lot, which would be replaced with a swale, due to reconstruction of the stormwater system. She noted that Mr. Frank H. Haas was present in the audience to address questions presented by the Board. She stated that they would urge the Board to move forward and vacate this drainage easement.

Mr. Gustaine Knorr, Lot G 5, appeared before the Board and discussed the structure of the Pennbrooke Homeowners' Association. He stated that the report from St. John's Water Management District indicates a problem with the maintenance and sediment buildup in the drains, and he would like for the Board of County Commissioners to require that those lines be flushed out. He stated that he had no objection to the variance; however, expressed concern that there was no control over what might happen in the future by granting individual variances.

There being no further public comment, the public hearing portion of the meeting was closed.

At this time, Commr. Gerber stated, for the record, that she had declared a Conflict of Interest on Road Vacation Petition No. 800 at the September 26, 1995 Board of County Commissioners Meeting.

Mr. Sandy Minkoff, County Attorney, directed the Deputy Clerk to file a copy of the Conflict of Interest form, dated September 26, 1995, in the official records of the meeting this date.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approved Road Vacation Petition No. 800 by Frank H. Haas, Leisure Communities, Ltd., to vacate drainage easement, Pennbrooke Phase 1-G, Section 19, Township 19, Range 24, Leesburg area - Commissioner District 1.

Commr. Swartz stated that it was important that there be a financial ability to maintain and repair those facilities if the stormwater system or other types of developer owned assets are turned over to the Homeowners' Association. He stated that there were a number of Municipal Service Benefit Units (MSBU) in place to address stormwater, street lighting, and common area maintenance that provide the financial security for maintaining those common areas. He noted that the Board does have the ability to continue to work with the St. Johns Water Management District to insure that the stormwater issues are resolved.

The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.

Commr. Gerber abstained from the discussion and vote.

PUBLIC HEARINGS

ORDINANCES

COMPREHENSIVE PLAN AMENDMENT 1995-2

Mr. Mark Knight, Chief Planner, Planning and Development Services, appeared before the Board and directed the Board's attention to the draft transmittal letter, addressed to the Department of Community Affairs (DCA), identifying changes not previously reviewed by the DCA and an Accumulative Table of Contents for Amendment 95-2. Mr. Knight noted an error in the Table of Contents under Map Amendment 95-5-2-2 and stated that the vote at the Transmittal Hearing on May 23, 1995 was a 3 - 1 vote and not a 4 - 0 vote. He explained that the Minutes of May 23, 1995 indicated that the motion carried unanimously by a 3 - 1 vote.

Commr. Good requested that the record reflect that he opposed Lake County Comprehensive Plan Amendment LPA95-5-2-2, as indicated in the Minutes of May 23, 1995, due to the impact on the intersection of C.R. 48 and U.S. 27.

Mr. Knight stated that a letter from Mr. Paul Hannah has been received requesting withdrawal of Map Amendment 95-5-3-3 due to it being annexed into the City of Tavares. He directed the Board's attention to a letter from the St. John's Water Management District addressed to the DCA, which had been distributed to the Board prior to the start of the meeting, indicating that they have rescinded their concerns about the proposed transfer of densities off public lands, and that they would be working with Lake County to address a system for their public resource lands in the future. Mr. Knight informed the Board that also included in the amendment package was a designation for High Density/Intensity Urban Land Use and associated policies, and the criteria for the placement of septic tanks in the Green Swamp Area of Critical State Concern.

Discussion occurred in regard to the Department of Community Affairs Objections, Recommendations, and Comments (ORC) report in regard to Amendment 95-5-2-2, at which time Mr. Knight explained that the DCA was commenting that they look closely as to whether the offsetting of densities was conducted on a "type for type" basis or, if adding a parcel to an urban area, offset by reductions in a similar area. Commr. Good interjected that the Board has been looking at number transfers rather than replacing the absence of land use. He requested, for the record, that a workshop be scheduled for the purpose of discussing this concept and providing clarification. He expressed his concerns with the traffic impact on County Road 48; the development potential and pressure along the U.S. 27 Corridor; and the intersection improvements at County Road 48 and U.S. 27.

At this time, Commr. Gerber opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, McQuire, Voorhis & Wells, P.A., representing Evangelical Lutheran Good Samaritan Society, Inc., appeared before the Board and stated that Ms. Andrea Birr, a health care planner, was present in the audience. She explained that the area in question was an enclave totally surrounded by Urban densities, and that the Society had decided to ask for a Comprehensive Plan Amendment to move from Urban Expansion to Urban. She noted that there was no Level of Service problem in terms of transportation, and that they would come back to the Board for rezoning if needed. She requested that the Board approve this project and urged the Board to support Map Amendment 95-5-2-2.

Commr. Gerber and Commr. Hanson stated, for the record, that they have had conversations with Ms. Andrea Birr; however, did not specifically discuss this case.

There being no further public comment, the public hearing position of the meeting closed.

In response to a question presented by Commr. Hanson, Mr. Knight stated that a workshop with the municipalities would be held in regard to the Suburban Land Use category.

Commr. Gerber informed the Board that Mr. Jim Murley, the Department of Community Affairs, has indicated that he would like to meet with the Board of County Commissioners in a round table discussion. It was the consensus of the Board to schedule a meeting with Mr. Jim Murley.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, the Board approved to withdraw Map Amendment 95-5-3-3 from Comprehensive Plan Amendment 1995-2, and all references relating to said amendment.

Commr. Swartz discussed Map Amendment 95-5-2-2 and stated that he has long supported the concept of finding a way to transfer densities. He stated that he would not support Map Amendment 95-5-2-2 because of transferring scarce units of land use to a new area that already has Urban Expansion. He suggested that the County should first try to bring fairness and recognition of historic development patterns before transferring development rights off of public resource lands into new areas.

Commr. Hanson stated that she agrees that the Board needs to plan, however she does not have a problem, in this case, because it was already surrounded by highly developed projects. She noted that a policy to address the concerns expressed by Commr. Swartz would be coming forward in the near future.

Commr. Good made a motion, which was seconded by Commr. Swartz, to withdraw Map Amendment 95-5-2-2, changing the land use designation of approximately 100 acres south of the City of Leesburg and east of US. 27 from Urban Expansion to Urban, from the Ordinance adopting Comprehensive Plan Amendment 1995-2.

Commr. Cadwell stated that he was in support of Map Amendment 95-5-2-2.

Commr. Gerber stated that she was in support of Map Amendment 95-5-2-2 because the timing was right.

The Chairman called for a vote on the motion, which failed by a 2 - 3 vote.

Commr. Gerber, Commr. Hanson, and Commr. Cadwell voted "No".

Commr. Swartz briefly discussed Policy 1-1.6, which establishes the function of the High Density/Intensity Urban Land Use Category. He urged the Board to direct staff to establish criteria in the Land Development Regulations addressing issues such as infrastructure requirements, and compatibility.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1995-34 amending the Lake County Comprehensive Plan, as amended, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP; PROVIDING FOR AMENDMENT TO CHAPTER I, FUTURE LAND USE ELEMENT, THE GOALS, OBJECTIVES AND POLICIES; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY SECTION 163.3184(5), FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

RECESS & REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess for ten minutes, and reconvene at 10:20 a.m.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.

Ms. Claire Connor, 56402 Cherry Tree Road, Astor, appeared before the Board to discuss a problem with Code Compliance in regard to Case No. 974957. She explained that an individual filed a complaint by telephone in regard to a neighbor's remodeling project using her name. She expressed concern that Code Compliance has been given permission by the Board of County Commissioners to take complaints by telephone without confirmation.

At this time, the Board and staff responded to Ms. Connor's concerns.

Mr. Tommy Leathers, Chief Code Compliance Officer, appeared before the Board and explained that complaints are received over the telephone and from personal walk ins, and no signature was required. He stated that the complaint alluded to by Ms. Conner was telephoned in on September 12, 1995.

Mr. Sandy Minkoff, County Attorney, stated that Code Compliance was not required to work on a complaint basis system. He stated that the code enforcement process was a process between the County and the person who was alleged to be violating the codes, and other individuals were only involved as witnesses.

At this time, staff was directed to review this issue and develop a procedure to verify the identify of the individual making a complaint.

Mr. Chester Hamm, 25129 Barrel Hill, Plantation at Leesburg, appeared before the Board to express a concern about the future of Plantation at Leesburg, and discussed a drainage problem on the golf course. He expressed concern that, in accordance with the mandates of the management, the residents would be responsible for drainage problems after Plantation at Leesburg was built out.

Commr. Good stated that the allocation of flow and stormwater management was the responsibility of the St. Johns Water Management District, and noted that he would be meeting with the Water Management District this date to discuss the water retention problems at Plantation at Leesburg during certain times.

Mr. Minkoff stated that currently no significant problems have been report, and there was no evidence of complaints or violations on stormwater and wastewater at Plantation at Leesburg. He stated that the system was designed to flood portion of the golf course during times of high water.

Commr. Swartz suggested that this would be a good time to address the issue of stormwater management in some of the older developments that were approved prior to the Board instituting Municipal Service Benefit Units (MSBUs) to provide a continuous source of funding to maintain stormwater management, street lighting, and other common areas.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved and authorized proper signature on the 1995-96 Contract between Lake County and the State of Florida Department of Health and Rehabilitative Services County Public Health Unit; subject to final review and approval by the County Attorney.

CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS

Mr. Bruce Thorburn, Information Services Director, appeared before the Board to present the request to extend the annual maintenance with GTE Communications Corporation, and explained that GTE Customer Networks, Inc. has agreed to leave the same rate of increase at three (3%) percent if the Board would prefer. He further explained that a thirty (30) day notification was required to eliminate the contract if the Board chooses to go with the extended period coverage.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to extend the annual Maintenance Agreement with GTE Communications Corporation for long term telephone maintenance; subject to final review and approval by the County Attorney.

COMMUNICATIONS

Mr. Bruce Thorburn, Information Services Director, appeared before the Board and explained that the County has been put on notice that Friendship Cable of Florida, Inc. has been purchased by Galaxy Telecom L.P., and Friendship Cable has requested the transfer of all rights existing under the present franchise to Galaxy Cablevision. He stated that he would recommend that changes be made in the contract to eliminate Galaxy Cablevision's charge for additional outlets, and to insure that Galaxy Cablevision meets all of the technical and operational standards of Ordinance No. 1994-14, and the five (5%) percent FCC cap on the revenue. Mr. Thorburn stated that, at this time, he was requesting direction from the Board and that he would bring back the amendment and the transfer resolution at a later date.

No action was taken at this time.

ROADS-COUNTY & STATE

Mr. Bruce Thorburn, Information Services Director, presented the request to rename Sally Rolle Street to Reverend Gaines Avenue.

Commr. Cadwell stated that the Sally and Rolle families were old members of the community, and that the road was built through community efforts under a Community Development Block Grant and was named at that time. He stated that he would not support renaming said road at this time.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board denied the request to rename Sally Rolle Street (#5-7465C) to Reverend Gaines Avenue.

GRANTS/STATE AGENCIES

Mr. Mark Knight, Chief Planning, Planning and Development Services, presented this request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved and authorized the Chairman to execute the response to the August 24, 1995 Department of Community Affairs Monitoring Report related to Community Development Block Grant.

ACCOUNTS ALLOWED/TOURIST DEVELOPMENT COMMISSION

Mr. Dave Warren, Tourist Development Director, appeared before the Board to present the recommendation by the Tourist Development Council that Lake County join the Orlando Area Sports Commission (OASC) for a period of one year and to expend $50,000.00 as a membership fee. He stated that to bring sports activities into the area would be a great benefit and investment for the hoteliers.

Mr. Randy Johnson, President, Orlando Area Sports Commission, appeared before the Board and explained that the Orlando Area Sports Commission was a private, non-profit organization created to attract international, national, and regional sporting events and activities to the Central Florida area. He briefly discussed funding and explained that the Counties of Orange, Osceola and Seminole and the City of Orlando jointly fund the OASC. He stated that there was a major emphasis on private funding through the Corporate "Friends" Program. Mr. Johnson stated that OASC was excited about recruiting Lake County into the jurisdiction of the OASC due to the additional venue opportunities, particularly outdoor and water sports, that Lake County could provide.

COMMISSIONERS

At 11:05 a.m., Commr. Good stated that he would be leaving the meeting for the remainder of the day due to a prior commitment.

ACCOUNTS ALLOWED/TOURIST DEVELOPMENT COMMISSION (CONTINUED)

Mr. Johnson stated that a change has occurred in the OASC by-laws to include two seats for Lake County on the Advisory Board, and the Board of County Commissioners would be requested to provide several nominations for those seats. He stated that OASC has initiated a monthly activities report that includes a cover letter describing the OASC activities for the month; a list of all of the organizations that OASC has contacted for various issues dealing with sports, and their responses; a list of bids received and bids accepted; room night totals; economic impact models; and a number of other charts to illustrate OASC's success rate.

Commr. Hanson stated that the Tourist Development Council and the Lake County Sports Commission were in support this request. She noted that a part-time locally based representative would have to be consider by the Board at some point in time in the future.

At this time, Mr. Johnson presented on the monitor a document illustrating the Sports Commission Funding Recap, and briefly discussed said recap.

Commr. Swartz stated that the County was in the midst of developing a tourism marketing plan to determine the direction of Lake County with tourism marketing. He suggested that the Board not approve the request to join OASC until such time that the tourism marketing plan was completed, and that the Board support existing sports events that have grown in Lake County and events that might come to be and prosper in Lake County.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried by a 3 - 1 vote, the Board approve the recommendation by the Tourist Development Council that Lake County join the Orlando Area Sports Commission for a period of one year; and to encumber and expend $50,000.00 from the Resort Tax Special Reserve as a membership fee.

Commr. Swartz voted "No".

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

Mr. Johnson requested that the Board identify a point of contact or liaison; at which time, it was noted that Mr. Dave Warren and Ms. Sue Whittle, County Manager, would be the Sports Commission's point of contact.

OTHER BUSINESS

WATER AUTHORITY/MUNICIPALITIES

Commr. Cadwell presented the request to make a recommendation to the Board on Geographic Names to name a lake in the Umatilla area as "Lake Oleo". He explained that Mr. Edwin Butters has made the initial request to the Board on Geographic Names, and he has not had the opportunity to discuss this issue with Mr. Butters.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried by a 4 - 0 vote, the Board denied the request for a recommendation to the Board on Geographic Names to name a lake in the Umatilla area as "Lake Oleo".

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

APPOINTMENTS/RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a 4 - 0 vote, the Board approved the reappointment of Mr. James Page, as a representative of the Lady Lake Library, for a three year term to expire October 1, 1998.

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



REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/EDUCATION

Mr. Sandy Minkoff, County Attorney, presented this request.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a 4 - 0 vote, the Board approved and authorized for the Chairman to execute the Interlocal Agreement between Lake County and the School Board of Lake County relating to the Economic Development of Lake County.

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

COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1

AGENCIES/COMMISSIONERS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 4 - 0 vote, the Board approved the letter of support to the Lake Community Action Agency.

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

COMMISSIONERS/WOMEN'S HALL OF FAME

Commr. Cadwell expressed his appreciation to Ms. Mary Shell, Executive Assistant to the BCC Office Manager, for her involvement in developing the selection process into the Lake County Women's Hall of Fame.

In response to a question presented by Commr. Swartz, Ms. Mary Shell, Executive Assistant to the BCC Office Manager, appeared before the Board and stated that the procedure for the Lake County Women's Hall of Fame Selection Committee was approved by the Board of County Commissioners on June 20, 1995, and that a Selection Committee, comprised of five individuals, was appointed by the Board for the purpose of selecting one or more individuals to the Women's Hall of Fame.

It was the decision of the Board to direct the Lake County Women's Hall of Fame Selection Committee to make the final selections for induction into the Women's Hall of Fame next year.

Commr. Cadwell made a motion, which was seconded by Commr. Swartz, to approved the following candidates for induction into the Lake County Women's Hall of Fame for 1995: Catherine Hanson; Margaret Ward; Florence Hunter, and Marie Bowden.

Commr. Swartz requested that staff bring back the necessary Board action to change the policy for next year.

The Chairman called for a vote on the motion, which carried by a 4 - 0 vote.

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

ADDENDUM NO. 1

OTHER BUSINESS

MEETINGS

Commr. Gerber presented the request for approval to change the November Board of County Commissioner meetings due to the Value Adjustment Board requiring three additional days in November.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4 - 0 vote, the Board approved to change the November Board of County Commissioner meetings to November 7, 14, and 21, 1995.

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

MEETINGS

Commr. Gerber noted the For Your Information Item outlining the Board of County Commissioner meeting schedules for the months of October, 1995 through December, 1995.

Mr. Sandy Minkoff, County Attorney, informed the Board that public hearings have been rescheduled in regard to the Vested Rights Certificate for the Grantham Pit issued to Robert O. Grantham, Jr.. He explained that the first public hearing would be for the purpose of hearing arguments on several pending motions; and two days have been scheduled, if necessary, for the evidentiary hearing. He stated that the hearings have been scheduled, as follows: November 16, 1995; and December 13 and 14, 1995.



REPORTS

COUNTY ATTORNEY

PROPERTY APPRAISER/TAX COLLECTOR/VALUE ADJUSTMENT BOARD

Mr. Sandy Minkoff, County Attorney, presented the request to extend the tax roll pursuant to Florida Statutes 197.323 and explained that this action would allow the tax bills to be sent out timely and would avoid substantial administrative problems for the Tax Collector.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 4 - 0 vote, the Board approved to extend the tax roll pursuant to Florida Statute 197.323, and the recommendation from the Tax Collector and the Property Appraiser.

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

MEETINGS (CONTINUED)

Commr. Gerber informed the Board that a Board Retreat has been scheduled on October 19, 1995 from 9:00 a.m. to 5:00 p.m.

Ms. Sue Whittle, County Manager, informed the Board that the Board Retreat would be with Senior Management Staff and budget issues would be reviewed.

Commr. Gerber informed the Board that the State of the County would be held on October 25, 1995 at the Lake County Administration Building. She stated that a copy of her speech would be available to the Board prior to said meeting. Ms. Whittle interjected that staff was in the process of preparing a booklet to be made available to the public and the Board.

PROPERTY APPRAISER/TAX COLLECTOR/VALUE ADJUSTMENT BOARD (CONTINUED)

Commr. Swartz informed the Board that the Value Adjustment Board was requesting that their respective Boards discuss a recommendation to provide for a $15.00 filing fee for all appeals filed. He noted that currently the $15.00 filing fee was imposed on late filing for Homestead Exemption. He stated that Florida Statutes also provides that, if the assessment was lowered or the classification was granted, the $15.00 filing fee would be refunded. He explained that the purpose for this change was due to the extremely large volume of appeals filed by consultants. He directed staff to prepare an agenda item for discussion and action to be brought back to the Board in regard to this issue.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN (CONTINUED)

STATE AGENCIES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried by a 4 - 0 vote, the Board approved Proclamation No. 1995-203 designating October as United Way Month in Lake County.

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

ADDENDUM NO. 1 (CONTINUED)

REPORTS

Commr. Hanson presented this request.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 4 - 0 vote, the Board approved Resolution No. 1995-205 supporting the addition of approximately 2,256 acres to the northern area of the Wekiva-Ocala Greenway project.

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

COMMISSIONER GERBER - CHAIRMAN AND DISTRICT NO. 1 (CONTINUED)

Commr. Gerber requested that the Board prepare a resolution in recognition of Mr. Joe Shipes for his leadership and activities on the Lake County Agriculture Museum Study Committee.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried by a 4 - 0 vote, the Board approved to add to the agenda a request for a resolution of recognition to Mr. Joe Shipes.

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

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a 4 - 0 vote, the Board approved a Resolution No. 1995-206 expressing appreciation to Mr. Joe Shipes, and the Lake County Agricultural Museum Study Committee for their service and dedication.

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



RECESS & REASSEMBLY

At 12:05 p.m., the Chairman announced that the Board would recess for lunch and reconvene at 2:00 p.m. for a workshop.

MEETINGS

Commr. Gerber stated that she has spoken with the Department of Community Affairs, and Mr. Jim Murley would be available for an informal meeting with the Board on November 20, 1995 at 7:00 p.m.

FIRE PROTECTION

Mr. Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board to present a workshop for the purpose of reviewing Resolution No. 1994-118 on Fire Standards as it relates to water supply, and Resolution 1993-5 establishing the Lake County Fire and Emergency Services Advisory Board. At this time, he directed the Board's attention to Resolution No. 1994-118, and discussed Appendix B, Installation and Maintenance of Fire Protection Systems and Appliances. He explained that the Standard Fire Prevention Code requires that the County provide fire protection water supplies for commercial development. He further explained that said code does not require any construction or design criteria from the fire prevention standpoint for single or two family dwellings, however, said code does apply to three family or more multiply family dwellings or commercial construction. He stated that the residential waterflow requirements are the responsibility of the local authority to establish and determine what the needs are and how best to provide those needs. He stated that the fire flow requirements for single and two family dwellings relate to subdivisions, expansion of existing subdivisions, planned unit developments, master park plans, or where a central water system would be used for drinking water. He briefly discussed public water systems, ownership of and access to water systems. He stated that it was the intent to encourage the construction of public water systems for fire protection and public water, with the exception for subdivisions with fewer than nineteen (19) lots where alternative means of water supply and provisions of the water supply may be considered.

Extensive discussion occurred in regard to the above noted exception for subdivisions with fewer than nineteen (19) lots. Mr. Minkoff stated that the resolution addressing the issue of subdivision size was passed in 1994 and, prior to 1994, the Fire Protection Standards were in the code. He explained that the requirements were rewritten in the resolution, however, were not removed from the code and, therefore, resulting in a conflict between the resolution and the code. He noted that this was one of the negatives in using resolutions for Land Development Regulation issues. He stated that the original fire water standards required no fire water restrictions for a subdivision with 18 or less lots, and 30,000 square foot average size or less. At this time, Mr. Minkoff discussed the requirements under the old code.

Discussion continued in regard to the issues pertaining to lot size and densities which might determine where greater or lesser types of fire protection were needed. Commr. Hanson discussed a small subdivision in the Wekiva River Basin located on the outer limits of the Mt. Plymouth Urban Node, and expressed concern with the maintenance of water systems in very small subdivisions and stated that the County needs to provide for exemptions. She expressed concern that the County was moving too quickly to urbanize the rural areas.

Chief Haun stated that one of the options that the Board may wish to consider would be the size of the constructed features on the lot and not on lot size. He stated that the three elements necessary for providing fire protection were personnel, equipment and water to fight the fire.

In response to a question presented by Commr. Swartz, Chief Haun stated that, from the standpoint of public safety to any one other than the homeowner, the importance for the County to have regulations was very minimal for subdivisions on five or more tracts. He stated that the homeowner would be the only one in jeopardy without fire water flow criteria. He stated that, from the public safety standpoint, fire protection could be addressed on large lots without a hydrant system.

Commr. Swartz stated that the Board may want to look at fire water flow criteria not just on lot size but in terms of what was indicated on the Future Land Use Plan Map.

Commr. Hanson stated that the discussion this date would indicate that there would be no limit on the size of the subdivision in the rural and suburban areas on five acre tracts. She requested that staff look at the nineteen (19) lot exception for alternative means of providing a water supply for fire protection.

Mr. Minkoff stated that, on the small lots in the Urban and Urban Expansion areas within a city's utility areas, subdivisions are required to build their own water systems. He suggested that one alternative would be to require hookup when it becomes available if it was within a utility service area.

At this time, the Board directed staff and the County Attorney to explore further options in regard to fire protection and public water systems for subdivisions.

In response to a question presented by Commr. Cadwell, Chief Haun stated that under the Standard Fire Prevention Code, which requires water supplies for commercial buildings, the fire official has the authority to present other options equivalent to said code, and staff was attempting to use the same philosophy for residential development. He stated that options would be brought back to the Board in November.

At this time, the Board discussed Ordinance No. 1993-5, establishing the Lake County Fire and Emergency Services Advisory Board. Commr. Swartz expressed concern that the Advisory Board presently provides input to the administration of the Lake County Department of Fire and Emergency Services and requested that the Ordinance be changed to indicate that the Advisory Board report and make recommendations to the Board of County Commissioners.

Discussion occurred in regard to the membership of the Lake County Fire and Emergency Services Advisory Board; at which time Commr. Cadwell requested that a non-voting liaison commissioner be appointed to serve on the Advisory Board. It was the decision of the Board to appoint a Commissioner to serve as liaison, to add two (2) at-large members to the Fire and Emergency Services Advisory Board, and to change the quorum for conducting business, as deemed appropriate.

Chief Haun noted that Mr. Ray Gilley has resigned as the "representative of the business community" and said category was now vacant.

Mr. Bud Ward, Chairman of the Lake County Fire and Emergency Services Advisory Board, appeared before the Board and stated that the Advisory Board would have no objections to the appointment of a liaison commissioner.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:15 p.m.

___________________________________

RHONDA H. GERBER, CHAIRMAN





______________________________

JAMES C. WATKINS, CLERK



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