A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 7, 1996

The Lake County Board of County Commissioners met in regular session on Tuesday, May 7, 1996, 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: Welton G. Cadwell, Chairman; William "Bill" H. Good, Vice Chairman; Rhonda H. Gerber; G. Richard Swartz, Jr.; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Office Manager, Board of County Commissioners; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

Mr. Alvin Jackson, Deputy County Manager, gave the Invocation, at which time he requested that a moment of silence be observed in memory of Ms. Mary Shell, Executive Assistant to the Office Manager, Board of County Commissioners, who had passed away the prior evening. He then led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, noted that an Addendum, containing two items, had been added to the Agenda.

Mr. Sandy Minkoff, County Attorney, requested that two items be added to the Agenda, for action, one being an agreement for a Special Master and the other being a request to reconvene the Lake County Value Adjustment Board, to hear the case of Mr. and Mrs. Tom Mullany.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to place said items on the Agenda.

MINUTES

Regarding the Minutes of March 19, 1996, the following was requested:

Commr. Good requested clarification concerning a discussion he had regarding impact fees, contained on Page 44, Lines 3-9.

Commr. Gerber requested clarification of the motion contained on Page 43, starting with Line 33 and continuing on to Page 44, Lines 1 and 2.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board postponed action regarding the Minutes of March 19, 1996 (Regular Meeting), until the Board Meeting of May 21, 1996.

Regarding the Minutes of March 26, 1996, the following was requested:

Correction in vote contained on Page 26, Line 28.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 26, 1996 (Regular Meeting), as corrected.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 2, 1995 (Regular Meeting), as presented.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 15, 1996 (Special Meeting), as presented.

CLERK OF COURT'S CONSENT AGENDA

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

Budgets/Budget Transfers/County Finance/Resolutions



Request for approval of Budget Transfers and Resolutions from County Finance, as follows:

A. TRANSFERS:



1. Fund: Affordable Housing

Department: Community Services

From: Special Reserve $48,452

To: Personal Services $35,463

Operating Expenses $ 3,400

Capital Outlay $ 5,000

Grants & Aids $ 4,589

Transfer #: 96-145



Justification: MAGIC Team recommendation to transfer the Affordable Housing program from the Planning and Development Department into the Department of Community Services.



2. Fund: General

Department: Planning

From: Personal Services $57,693

To: Special Reserve $57,693



Justification: MAGIC Team recommendation to transfer the Affordable Housing program from the Planning and Development Department into the Department of Community Services.



B. RESOLUTIONS:



1. Fund: General

Department: Capital Improvements

Revenue: Reimbursements $ 3,000

Expenditure: Overtime $ 3,000

Transfer #: 96-147



Justification: Resolution to receive unanticipated revenue from Lake County Fair Association, Inc. in accordance with agreement to reimburse County for overtime hours spent during the 1996 Lake County Agriculture and Youth Fair.



2. Fund: Resort/Development Tax

Department: Office of Tourism

Revenue: Miscellaneous Revenue

Donations $ 300

Expenditure: Agricultural Museum Expenses $ 300

Transfer #: 96-148



Justification: Resolution to receive unanticipated revenue from various donations given for the Lake County presentation to the Florida Agricultural Museum Board of Trustees.



3. Fund: General

Department: Sheriff's Department

Revenue: Police Services - Minneola $49,694

Expenditure: Law Enforcement - Deputies $45,026

Law Enforcement - Operating $ 4,668

Transfer #: 1996-149



Justification: Resolution to receive unanticipated revenue to provide public safety services within the City of Minneola.



4. Fund: Landfill Enterprise Fund

Department: Recycling

Revenue: Waste Tire Grant $69,383

Expenditure: Contractual Services ($25,000)

Machinery & Equipment $94,383

Transfer #: 1996-150



Justification: Resolution to receive unanticipated revenue from the State of Florida Department of Environmental Protection for the purpose of management of waste tires in Lake County.





5. Fund: Mosquito Control Fund

Department: Mosquito Control

Revenue: Mosquito Control State Aid $ 3,500

Expenditure: Machinery & Equipment $ 3,500

Transfer #: 1996-151



Justification: Resolution to receive unanticipated revenue from the Department of Agriculture and Consumer Services for the purchase of computer equipment.



6. Fund: General

Department: Community Services

Revenue: F.E.M.A. $25,456

Expenditure: Grants & Aids $25,456

Transfer #: 1996-152



Justification: Resolution to receive unanticipated revenue from the Federal Emergency Management Agency for 1996 welfare assistance.



Accounts Allowed/Contracts, Leases and Agreements



Request for approval of engagement letter with Ernst & Young for the calculation of arbitrage rebate on the $8,000,000 Capital Improvements Line of Credit Note, with $2,100 to be paid out of the Sales Tax Capital Projects Fund, and authorized proper signatures on same.



Accounts Allowed/Courts-Judges



Request for approval of Satisfactions of Judgment, as follows, and authorized proper signatures on same:

State of Florida vs. Roger Allen Eberhardt, in the amount of $250.00, Case No. 88-982-CF.



State of Florida vs. Mary Lou Tomlinson, in the amount of $250.00, Case No. 95-577-CFA DS.



Winnifred Smith, a child, and Johnnie Mae Dormer, in the amount of $150.00, Case No. 80-850-CJ.



Steve P. Smith, a child, and his parent, Ronald Smith, in the amount of $50.00, Case Nos. 89-1065-CJ and 89-1142-CJ.



State of Florida vs. Jose Cruz, Case No. 94-663-CFA-DB. Fee was stricken, without prejudice.



Bonds - Contractor



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



New



5454-96 Atlas Electric Inc.

5455-96 Unlimited, Inc. (Electrical)

5456-96 Calvin and Laurie Crews (Mobile Home Setup)

5457-96 Rayford F. Vick & Midway Construction of Central Florida, Inc. (Building Contractor)

5458-96 William R. Icely (Electrical)



Accounts Allowed/Reports



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.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending March 31, 1996, in the amount of $167,658.50. Same period last year: $141,493.63.



Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission - Amended Notice of Administrative Hearing To All Parties and All Other Interested Persons, In Re: Docket No. 941281-TL, Petition by Subscribers of the Groveland Exchange for Extended Area Service (EAS) to the Orlando, Winter Garden, and Windermere Exchanges. Notice is hereby given that the Florida Public Service Commission will hold a public hearing in the above referenced docket at the following time and place: Thursday, April 18, 1996, 10:00 a.m. and 6:00 p.m., E. L. Puryear Building, Community Center, 243 South Lake Avenue, Groveland, Florida, 34736.



Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission, In Re: Application for staff-assisted rate case, in Lake County, by Century Estates Utilities, Inc., Docket No. 950982-WU; Order No. PSC-96-0507-FOF-WU; Issued: April 12, 1996, Order Granting Temporary Rates in the Event of Protest and Notice of Proposed Agency Action Order Granting Rates and Charges by the Commission.

Utilities



Request to acknowledge receipt of Notice from the Florida Public Service Commission - Application for transfer of facilities of Forty-Eight Estates Water System, Cancellation of Certificate No. 498-W, and amendment of Certificate No. 441-W, in Lake County, by J. Swiderski Utilities, Inc., In Re: Docket No. 950880-WU; Order No. PSC-96-0432-FOF-WU; Order Approving Transfer and Notice of Proposed Agency Action; Order Establishing Rate Base For Purposes of the Transfer and Decision Not to Include a Negative Acquisition Adjustment In The Calculation of Rate Base.



Utilities



Request to acknowledge receipt of Notice of Application for an Extension of Service Area, pursuant to Section 367.045, Florida Statutes, of the application of Southlake Utilities, Inc., to amend its Certificate Nos. 533-W and 464-S, for water and wastewater service, to add territory in Lake County, Florida, as described. Any objection to the said application must be made in writing within thirty (30) days from this date to the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0850, and a copy mailed to the applicant, as follows: Southlake Utilities, Inc., 800 U.S. Highway 27, Clermont, Florida, 34711.



Municipalities/Ordinances



Request to acknowledge receipt of Notice of Public Hearing from the City of Tavares, In Re: Enactment of proposed Ordinance No. 96-16, amending Ordinance No. 94-25, commonly known as the Lakeside at Tavares Annexation and Rezoning Ordinance, to be considered at the following public hearings:



Planning and Zoning Board Meeting,

April 4, 1996, 3:00 p.m.



Tavares City Council Meeting,

April 17, 1996, 5:00 p.m.



Tavares City Council Meeting,

May 1, 1996, 5:00 p.m.



All meetings will be held in the Tavares City Council Chambers, City Hall, 201 East Main Street, Tavares, Florida.



Miscellaneous



Request to acknowledge receipt of Draft Copy of the State of Florida 1996 Annual Action Plan.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 96-05, from the City of Minneola, adopted by the City Council of the City of Minneola on April 9, 1996, with an effective date of April 9, 1996, amending the boundaries of the City of Minneola, by including within the city limits property generally located in the vicinity west of U.S. Highway 27; north of CR 561A; and east of East Apshawa Road and Jalarmy Road, across from the intersection of Grassy Lake Road, rezoning the property from County Agricultural and County Commercial to R-1 Residential, with regard to property involving Dusa-Yoder-Clermont One, Parcel I; Quiroga, Parcel II; and Quiroga and Crooks, Parcels III-VII.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 96-002, from the City of Fruitland Park, annexing to the City of Fruitland Park, Florida, property generally located on the east side of U.S. Highway 441, near Springlake Road, Fruitland Park, Florida, generally known as the Hayes Property.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 96-003, from the City of Fruitland Park, annexing to the City of Fruitland Park, Florida, property generally located on the east side of U.S. Highway 441, between Shadow Hill Drive and Eagles Nest Road, Fruitland Park, Florida, generally known as the Munn Property.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance 96-03, from the City of Tavares, annexing approximately 10.42 acres of property (Riverside Vic's) generally located west of the Dead River Bridge and south of US 441 into the corporate limits of the City of Tavares.



Municipalities/Ordinances



Request to acknowledge receipt of Miscellaneous Ordinance

No. 302-M, from the City of Clermont, providing for annexation of a certain parcel of land contiguous to the present city boundaries, to wit: Tract 29 of Lake Highlands Company, Section 20, Township 22, Range 26.





Audits/Reports/State Agencies/Water Authority



Request to acknowledge receipt of Annual Financial Audit & Annual Financial Report for the Oklawaha Basin Recreation & Water Conservation and Control Authority.



Audits/Reports



Request to acknowledge receipt of Country Club of Mount Dora Community Development District's Annual Financial Report for Units of Local Government and the Audited Financial Statements, for Fiscal Year ended September 30, 1995, in accordance with Section 218.32 (1)(b), Florida Statutes.



Audits/Reports



Request to acknowledge receipt of Report No. 12667, from the Office of the Auditor General, regarding the Lake-Sumter Community College Operational Compliance Audit, for July 1, 1994 through June 30, 1995, dated March 12, 1996.



Audits/Reports



Request to acknowledge receipt of Report No. 12674, from the Office of the Auditor General, regarding the Audit of the Lake County District School Board, for fiscal year ended June 30, 1995.



Audits/Reports



Request to acknowledge receipt of Village Center Community Development District's Annual Financial Report for Units of Local Government and the Audited Financial Statements, for Fiscal Year September 30, 1995, in accordance with Section 218.32 (1)(b) of the Florida Statutes.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 96-01, from the Town of Lady Lake, pertaining to Land Development Regulations; providing for an amendment to the Land Development Code of the Town of Lady Lake; and deleting provisions regarding stormwater management design criteria for recharge facilities.



Accounting/Funds/State Agencies



Request to acknowledge receipt of Balance Sheets of Green Swamp Land Authority's General and Acquisition Funds, as of March 31, 1996, and the related statement of Revenues and Appropriation Expenditures, General Fund, and the accompanying supplemental information contained in the schedules of Accounts Payable and Cash Receipts and Disbursements, for the months indicated, in accordance with Statements on Standards for Accounting and Review Services, issued by the American Institute of Certified Public Accountants, from Greenlee, Kurras, Rice & Brown, P.A.



Municipalities/Reports



Request to acknowledge receipt of Comprehensive Annual Financial Report from the City of Umatilla, dated September 30, 1995.



COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, requested to withdraw Tab 17, a request from Public Services for acceptance of a Warranty Deed from Sawmill Lakes, Inc. and Lakes at Sawmill Homeowners Association, Inc., to dedicate Carlson Circle to Lake County; acceptance of a Developer's Agreement and a Maintenance Bond, in the amount of $11,751.00; and approval of a Resolution accepting Carlson Circle (2-0734B) into the County Road Maintenance System; and noted a correction in two fund amounts that were transposed, in Tab 11, a request from Human Resources for approval of two title changes, four reclassifications, and one new position.

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

Community Services/Public Health/Reports



Request from Community Services to acknowledge receipt of the County Public Health Unit (CPHU) Activities and Expenditure Report, for period ending December 31, 1995.



Community Services/Grants/State Agencies



Request from Community Services for approval for the Chairman to execute the Substance Abuse Act Grant letter of support, for the allocation of federal funds, through the Department of Community Affairs.

Community Services/Contracts, Leases and Agreements

Public Health



Request from Community Services for acceptance and approval of the Second Amendment to the Contract between Lake County and the Department of Health and Rehabilitative Services County Public Health Unit.



Community Services/Resolutions



Request from Community Services for approval and execution of a Resolution endorsing the establishment of a national cemetery.



Contracts, Leases and Agreements/County Buildings and Grounds

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval and execution of Change Orders to Metric Construction and Odell's design contract, for work associated with the Historic Courthouse and the County Administration Building.



Fire and Emergency Services



Request from Fire and Emergency Services for approval to declare a golf cart donated to Lake County Fire/Rescue, by the volunteer fire association at Mid-Florida Lakes, as surplus, to trade it in on a newer model.





County Employees/Human Resources



Request from Human Resources for approval of Certificates for employees with one and three years of service to the County.



Community Services/County Employees/Human Resources



Request from Human Resources for approval of temporary split funding of the Human Services Manager position, in the Department of Community Services, Human Services Division, Administration.



County Employees/Human Resources



Request from Human Resources for approval of two title changes, four reclassifications, and one new position.



Community Services/Human Resources/Planning and Development



Request from Human Resources for approval of the transfer of Affordable Housing Services to the Department of Community Services, Human Services Division; to transfer one position from Planning and Development/Planning Services Division; and to create one new position, effective May 1, 1996.



Contracts, Leases and Agreements/Building Department

Subdivisions/Planning and Development



Request from Planning and Development for acceptance and execution of Developer's Agreement between Lake County and Yeager Development Company/Great American Homes, Inc., for the issuance of four building permits, for models, prior to the acceptance and recordation of the Final Plat - development consists of 88 units in Section 2, Township 23 South, Range 25 East - Commissioner District 2.



Accounts Allowed/Contracts, Leases and Agreements

Municipalities/Public Services



Request from Public Services for approval and execution of Third Amendment to Interlocal Agreement between Lake County and City of Leesburg, relating to provision of funds from the County Transportation Trust Fund, for improvements at the Leesburg Municipal Airport, in the amount of $750.00, bringing the total to $64,750.00.



Accounts Allowed/Public Services/Road Projects

Roads-County and State



Request from Public Services for approval to proceed with the design, permitting, and construction of the extension of Brantley Branch Road, at an estimated cost of $53,500.00.



Deeds/Public Services/Roads-County and State/Municipalities

State Agencies



Request from Public Services for approval and execution of Quit Claim Deed to the State of Florida, Department of Transportation, for a portion of SR 19, Section 11090-2520, Tavares area (Parcel No. 124.3R).



Deeds/Municipalities/Public Services



Request from Public Services for acceptance of a Quit Claim Deed from the following individuals, for the McTureous House Property, in the Altoona area:



Basil P. McTureous, Life Estate

Miriam E. Cline, Life Estate

Robert M. McTureous, III, Remainder Estate

Carolyn B. Potter, Remainder Estate

Robert P. Cline, Remainder Estate

Donna B. Barnett, Remainder Estate



Contracts, Leases and Agreements/Municipalities

Public Services



Request from Public Services for approval and execution of five year Lease Agreement between Lake County and Greater Altoona Society, Inc., relating to the McTureous property, in Altoona, Florida. The Greater Altoona Society will improve, maintain, and operate the McTureous House and property as a museum.



Deeds/Public Services



Request from Public Services for acceptance of the following deeds:



Statutory Warranty Deeds



William G. Carroll and Nancy E. Carroll

Lake Seneca (4-5983)



Paul Kuzara and Ann Kuzara

Lake Seneca (4-5983)



Herbert Martin, Jr.

Elsey Street



Everett O. Campbell, Jr. and Lesa S. Campbell

CR 44



Dan E. Campbell and Dorothy H. Campbell

CR 44



John R. Bryan, Thomas L. Bryan, and Jennifer S. Bryan

Hawkins Road (5-8180)



David Laury and Lois Laury

Johnson Street



Gerald and Luz Velez

State Road 33



Angel Mendez

Bay Road (3-4260)



Diane Tyre

SR 44/CR 44



Mini Property Investments

SR 19/CR 561



Luis Perez

SR 33



James T. Bogart

SR 33



Stanley and Dorothy Harris

Baker Road (5-8074)





Roosevelt and Velma Hughes

Register Road (1-6008)



Non-Exclusive Easement Deeds



James C. Mahone and Jannie Belle Mahone

Elsey Street



L. L. Swor

U.S. 441, Cross Access Easement



Barney and Jeanne Bimstein

Pearl Street (4-9788A) and Lee Street (4-9788B)



Quit Claim Deeds



James W. Young, III and Robert P. Young

CR 561



James C. Mahone and Jannie Belle Mahone

Elsey Street



Inez Frazier Johnson

Dawes Street



Roger A. Getford, Jr. and Virginia Louise Webster

Dawes Street, Elsey Street



Roads-County and State/Public Services



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



Deed No.: 263

Applicant: Michael G. Eaton and Wanda Y. Phelps

Location: Acreage in Section 34, Township 28 South, Range 27 East (off Calhoun Road (4-6581)

Recommend: Reserve 25 feet from centerline of public easement known as Parkcrest Drive (not County maintained).



Roads-County and State/Public Services



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



Deed No.: 2298

Applicant: Melburn L. Schrock and Mavis Schrock

Location: Lots in Block 48, Mt. Plymouth, Section "A"

Recommend: Reserve 25 feet from centerline of Interlachen Drive (4-4189A).



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



FIRE & EMERGENCY SERVICES $18,200.00



Authorization to seek quotes and award to the low, most responsive quote the purchase of two (2) 1000 gpm front mount pumps. It is also requested that we standardize on Hale No. HFM 100 (HALSSPEC) front mount pumps, because it is a high quality pump that has proven itself in field operations. We currently have these pumps in service and it could minimize repair times, due to stocking of repair parts. Funding for this is from Account No. 168.2136131.522.8600640.



B) Authorization to Waive Bid Requirements and Accept Quotes and Issue Purchase Orders



DIVISION AMOUNT



FIRE & EMERGENCY SERVICES $60,000.00



Permission to waive bid requirements and allow Purchasing to receive quotes for used equipment. Award will be made to the vendor most responsive to the quote for two (2) heavy duty single axle chassis capable of supporting the weight of 1,700 gallon water tank and 1,000 gpm front mount pump. Funding for this is from Account No. 168.2136131.522.8600640.



Note: Purchasing used equipment from a dealer lot is not conducive to the bidding process, because of the time sensitivity of guaranteeing the price for as long as the equipment is available.





Assessments/Solid Waste/Subdivisions



Request from Solid Waste for approval and authorization for Chairman to execute Satisfaction of Assessment Liens (11), as follows:



Assessment No. Name Date Paid



651026 Thomas E. & Clarice Keithan 03/25/96

661022 Carven D. Angel 03/05/96

664016 Thomas G. & Dana E. Higgins 03/26/96

665006 Brent A. Minnick 03/13/96

671009 Fred Roberts 03/21/96

671016 Fred Roberts 03/21/96

671031 Marvin L. & Irene E. Kenmore 03/25/96

671046 Charles O. Hoskinson 03/14/96

671144 Charles O. Hoskinson 03/14/96

679086 Gloria J. Keller 03/22/96

684007 Hazel C. Colglazier 03/28/96



Committees/Resolutions/Office of Tourism



Request from Office of Tourism for approval and execution of Resolution extending the termination date of the Lake County Sports Committee to May 9, 1997, and changing the quorum requirements to be the majority of members appointed at the time of each meeting.





Accounts Allowed/Contracts, Leases and Agreements

Grants/Office of Tourism



Request from Office of Tourism for approval of Amendment to Agreement between Lake County and Cramer-Krasselt, for them to provide tourist response fulfillment, and approval to encumber and expend funds, in the amount of $36,510.00; and approval for Cramer-Krasselt to handle the Tourist Development Council Grant Program, through advertising, previously approved by the Board of County Commissioners on November 7, 1995, and approval to encumber and expend funds, in the amount of $45,000.00, also approved on November 7, 1995.



ADDENDUM NO. 1

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



Contracts, Leases and Agreements/Building Department

Planning and Development/Subdivisions



Request from Planning and Development for acceptance and execution of Developer's Agreement between Lake County and AMDEV Corporation, for the issuance of six building permits, prior to the acceptance and recordation of the Final Plat - development consists of 83 units in Section 12, Township 23, Range 25 - Commissioner District 2.



Contracts, Leases and Agreements/Planning and Development



Request from Planning and Development for acceptance and execution of Agreement between Lake County and AMDEV Corporation, relating to the construction of affordable housing, to meet the urban area residential density point system.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

ELECTIONS/MUNICIPALITIES

Ms. Emogene Stegall, Supervisor of Elections, appeared before the Board and requested approval to split Precinct 64, in Leesburg, and create Lake Port Precinct No. 77, at Lake Port Square, in Leesburg. She noted that 384 voters currently reside at Lake Port Square, however, are presently voting at Precinct 64.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the Supervisor of Elections, Ms. Emogene Stegall, for approval to split Precinct No. 64, in Leesburg, and create Lake Port Precinct No. 77, at Lake Port Square, in Leesburg.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

RESOLUTIONS

Commr. Swartz, Liaison Commissioner for the Children's Services Commission, on behalf of the Board, presented Ms. Martha Harnitt, Ms. Jackie Ashley, and other members of the Teen Pregnancy Prevention Task Force with the Teen Pregnancy Prevention Resolution.

PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

MARCH OF DIMES PRESENTATION

Ms. Vicki Renninger, Team Captain, Lake County Board of County Commissioners Employees' March of Dimes Campaign, presented a check, in the amount of $7,568.00, to Ms. Joanna Sims, Community Director, Lake County March of Dimes Campaign, on behalf of all the employees of the Lake County Board of County Commissioners.

Commr. Cadwell, Chairman, recognized and presented various employees with prizes and awards for their hard work and contributions to the March of Dimes Campaign, on behalf of their departments.

Ms. Sims thanked everyone that had participated in the campaign for their hard work and contribution to same.

Ms. Kelly Pisciotta, Chairperson, Lake County March of Dimes Campaign, presented an award to the County Manager for raising over $300.00 for Walk America 1996; the "Battered Boot" award to the Chairman, Commr. Cadwell, on behalf of the Board, for raising over $2,000.00; and a special award (plaque) to the Board, for the best wraparound raising fund raiser, for the most money raised.

The Chairman then presented Ms. Renninger with a plaque, in appreciation of her hard work during the March of Dimes Campaign.



PERSONAL APPEARANCES/PUBLIC HEARINGS/TIMES CERTAIN

PERSONAL APPEARANCES

EMPLOYEE AWARDS

Commr. Cadwell, Chairman, presented the following awards:

Plaque to Employee with Five Years of Service to the County



Norman Hurlburt, Maintenance Specialist II, Facilities and Capital Improvements/Facilities Management Section/Energy Management Services



Plaque to Employee with Ten Years of Service to the County



James W. Bridgewater, Aquatic Spray Technician, Public Services/Special Services Division/Mosquito & Aquatic Plant Management Services/Aquatic Plant Management



Plaque to Employee with Fifteen Years of Service to the County



Eric A. Cotsenmoyer, Mosquito & Aquatic Plant Management Director, Public Services/Special Services Division/Mosquito & Aquatic Plant Management Services/Mosquito Management & Maintenance



Plaque and Bond to "Employee of the Quarter", Second Quarter (January, February, March)



Robert L. Book, Senior Graphics Technician, Public Services, Engineering Division, Engineering Operations



PUBLIC HEARING

SPECIAL ASSESSMENT PROJECT NO. 84 - OKALOOSA TRAIL

ACCOUNTS ALLOWED/ASSESSMENTS/PUBLIC SERVICES

ROAD PROJECTS/RESOLUTIONS/SUBDIVISIONS

Mr. Jim Stivender, Jr., Senior Director, Public Services, appeared before the Board and explained this request, stating that it involved a road project in the North Harbor Acres Subdivision, at which time he reviewed a plat of said subdivision with the Board. He noted that his office had received one letter of objection to the project. He then answered questions from the Board regarding the request.

Commr. Hanson noted that she had received a letter of objection, as well, which she submitted, for the record.

A brief discussion occurred regarding the project and how the County should handle a problem involving a parcel of property located between Okaloosa Trail and Nocatee Trail, at which time Commr. Cadwell suggested treating the parcel like a corner lot.

Mr. Stivender stated that he did not see a problem with doing that and having the County pick up the tab for the difference.

The Chairman opened the public hearing.

Mr. Ross Lishen, the owner of Lot 1, in the North Harbor Acres Subdivision, appeared before the Board stating that he was in favor of the assessment, because of the size of his lot, however, questioned what all would be involved. He stated that, if the County was thinking about cutting the corner lots in half, he would not be opposed to it, but, would like some information about it. Mr. Steve Lukander, the owner of Lot 22, in Wekiva River Acres Subdivision, appeared before the Board stating that he was concerned about the lien on his property and a tax increase, should the project be approved.

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

Commr. Cadwell stated that he felt the fairest way to handle the problem involving Lot 23, in Wekiva River Acres Subdivision, would be to assess the footage that is on the newly paved road, which he noted would be half of what is facing Okaloosa Trail, and have the County pick up the other half, as opposed to sending it back out among the other property owners.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Public Services for approval to award and authorize Project

No. SA-84, Okaloosa Trail North Harbor Acres Subdivision Special Assessment Lump Sum Construction to Superior Asphalt; to encumber and expend funds, in the amount of $62,913.00; and that an adjustment be made for Lot 23, in Wekiva River Acres Subdivision, that would effectively cut the assessment in half, using Commr. Cadwell's rational; and approval and execution of the Assessment Roll Resolution for the Okaloosa Trail Special Assessment.



PUBLIC HEARING

COMMITTEES/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTIONS 2-87 THROUGH 2-89 OF THE LAKE COUNTY CODE, AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR AMENDMENT TO SECTION 2-87, DUTIES, DELETING THE DEVELOPMENT OF A HOUSING FINANCE AUTHORITY, ADDING THE TASK OF DEFINING AFFORDABLE HOUSING, AND DELETING DUTIES COMPLETED BY THE COMMITTEE; PROVIDING FOR AMENDMENT TO SECTION 2-88, MEMBERSHIP, APPOINTING MEMBERS WITHOUT FORMAL RESOLUTION, RESTRICTING THE CHAIRMAN'S VOTING RIGHT TO TIE-BREAKING SITUATIONS, UPDATING AN ORGANIZATION NAME, AND DELETING THE PROVISION FOR AN EX OFFICIO MEMBER; PROVIDING FOR AMENDMENT TO SECTION 2-89, PROCEDURE, DELETING REFERENCE TO THE OFFICE OF PLANNING; PROVIDING FOR CORRECTION OF SCRIVENER'S ERRORS IN SECTION 2-89; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1996-41, Amending the Affordable Housing Advisory Committee, as read on its first and final reading, by title only.

PUBLIC HEARING

FIRE AND EMERGENCY SERVICES/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:

AN ORDINANCE OF LAKE COUNTY, FLORIDA; RELATING TO FIRE PROTECTION STANDARDS; AMENDING SECTION 9.08.00 CONSISTING OF SUBSECTION 9.08.01 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS TO REQUIRE NEW BUILDINGS AND STRUCTURES TO PROVIDE A FIRE PROTECTION WATER SUPPLY; CREATING SUBSECTIONS 9.08.02 THROUGH 9.08.06; PROVIDING FOR REQUIRED FIREFLOWS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR WATER SYSTEM CRITERIA; CREATING STANDARD REQUIREMENTS FOR FIRE HYDRANTS; PROVIDING FOR AN EXCEPTION FOR MUNICIPAL SYSTEMS; PROVIDING FOR FIRE FLOW CALCULATIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.



The Chairman opened the public hearing

Mr. Steve Richey, Attorney, representing Mr. Leo Steinmetz, appeared before the Board stating that the public is confused as to what the standards for fire protection are in Lake County. He stated that, in May of 1995, the Board adopted an ordinance that had fire protection standards, however, subsequent to that, the Board has passed resolutions modifying and changing the ordinance and he is concerned that people are going through the process, based on what was contained in the Code at that time, which may or may not have been modified by resolutions. He requested the Board to allow some flexibility for those individuals who are in the process at the present time, specifically his client, who he noted has been to preliminary platting and has in excess of 30 lots, but under 50 lots. He stated that the options that are contained in the proposed ordinance allows the Fire Chief some flexibility, but, the way he reads the Ordinance the Fire Chief is limited in the options that he can approve. He suggested that the Board broaden the Fire Chief's discretion, or at least provide him with a window of opportunity for those people who are in the platting process, under the rules.

Mr. Sandy Minkoff, County Attorney, stated that, when the County prepared and adopted the vesting ordinance, it provided for vesting not only from Comprehensive Plan policies, but from the new Land Development Regulations, as well. He stated that, if Mr. Richey's client has expended monies, based upon the County's approval, he would be entitled to ask for vesting. He noted that the current Fee Schedule requires a fee for a vesting letter.

Mr. Richey interjected that he has filed all the paperwork and has been to preliminary plat approval twice, however, has not received said approval, based upon the St. Johns River Water Management District permit. He stated that Chief Haun is working with him, to find an alternate source of fire protection, based on the standards that the Ordinance contains. He requested approval for Chief Haun to continue to work with him, to resolve the problem.

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

Chief Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board stating that his department presented the original amendment to the Board approximately two months ago and that there was some discussion at that time about the size of lots, in the five acre range, and the number of lots, when one gets into the five acre parcels, and that is where the Board came up with the 20 lots or less, of five acres, and the County built the flexibility in the Ordinance that, if someone came in with a subdivision of 20 five acre lots, they could do it without fire protection, because of the distance between homes. He stated that they also modified it, referring to Page 4, Paragraph 2, of the Ordinance, noting that, for subdivisions of 20 lots or less, less than five acres, it allows the Fire Official some flexibility to look at other options, which would include things such as lakes, ponds, underground tanks, etc.

Chief Haun stated that, in Paragraph 4, the County has another option available, which is to allow developers to put fire sprinklers in the homes, in lieu of providing additional fire protection systems, such as underground pipes, fire hydrants, etc. He stated that there is flexibility built into the system, however, the issue that has come up is the fact that, when one falls above that 20 lot size, there is a range that comes into play, where the developers feel that there should be more flexibility, or other options.

Commr. Hanson stated that she felt this ordinance was a step in the right direction, because it gives the Fire Official needed flexibility.

Commr. Swartz stated that the Board tried to find something that would allow some flexibility and less rigorous fire protection standards on very large lots, of a relatively few number, and that he feels this ordinance does that, as well as provides the Fire Official with the flexibility to look at the various situations and find alternatives, but yet provide what he feels is necessary fire protection requirements within the context of this ordinance. He questioned whether Chief Haun was satisfied that this ordinance is a step forward, in doing that, and was informed by Chief Haun that he felt it was.

Chief Haun noted that he could use Paragraph 4 of the Ordinance, which is the fire sprinkler option, to give some flexibility, with regard to handling Mr. Richey's client, and that he and Mr. Richey had discussed said option.

Mr. Minkoff noted that, for those projects that have a final development order, which would be construction plan approval, they would not be impacted at all and would be able to continue through to completion of the projects, however, did not know how the County was handling those projects that already have preliminary plat approval and have submitted their engineering. He stated that it would become a question of common law vesting and whether the County was charging a separate fee during the development process. He did not know if the County would be writing a letter of vesting or not.

Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board and noted, for the record, that the cost for obtaining a vested rights determination was $525.00.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1996-42, Relating to Fire Protection Standards, as read on its first and final reading, by title only.

Commr. Hanson thanked Chief Haun and Mr. Minkoff, the County Attorney, for their work in this matter.

The County Attorney thanked those individuals, such as Mr. Richey, for their input, in helping staff draft the language contained in the Ordinance.



PUBLIC HEARING

ORDINANCES/PLANNING AND DEVELOPMENT

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP FOR PROPERTY GENERALLY LOCATED AT THE INTERSECTION OF THE FLORIDA TURNPIKE AND U.S. 27; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board stating that, on January 9, 1996, the Board held a transmittal hearing and transmitted the proposed amendment, to change approximately 270 acres to the Urban Expansion land use category in the area of the Royal Highlands Development of Regional Impact (DRI). He noted that there were three parcels involved. He stated that the Department of Community Affairs checked the transmittal and recommended that the County (1) designate the DRI on the Future Land Use Map as an urban area, similar to the south Lake urban area designation, because of the vested DRI, and (2) to designate all the property - the three parcels, plus the vested DRI, as a rural village. He stated that staff has some concerns with the rural village designation, but does not object to designating the vested DRI on the Future Land Use Map.

The Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing Mr. George Pringle, appeared before the Board and addressed some concerns he had about the ORC Report, from DCA, with regard to the vested DRI and the three parcels in question, at which time he reviewed the map that was sent to DCA versus the map before the Board this date, noting the difference between the two. He discussed the issue of the Developer's Agreement, as well. He stated that he felt the map before the Board this date would accomplish what the 1. C. A. Recommendation requested the County to do. He noted that Mr. Pringle was present in the audience and was ready to sign the agreements that are required by the comments of the ORC Report and do whatever else the Board felt necessary to effectuate those comments.

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

Commr. Good stated that the ORC Report suggests assigning a Rural Village land use designation to the entire DRI site, including the three additional parcels, which he noted avoids the problem of putting Urban where there is not Urban.

Commr. Swartz stated that, in the ORC Report it states, "The proposed amendment is inconsistent with the policies in the Lake County Comprehensive Plan regarding the Urban Expansion land use designation. The location of scattered Urban Expansion lands within a Rural area, unassociated with core urban lands, results in a sprawl-type development pattern by failing to provide a clear separation between rural and urban uses and represents a premature conversion of rural land to a use that is indicative of an urbanizing area.", and that the St. Johns River Water Management District submitted the following objections: (1) The proposed amendment changes the designated land use with a resulting substantial density increase in areas which are identified as high recharge to the Floridan Aquifer. These are also areas which currently provide no central sewage system, thereby potentially increasing pollutant loading upon the aquifer; and (2) It further appears that the proposal will allow for development within designated floodplain areas surrounding or adjacent to lakes and other surface waters. If this, in fact is proposed, the District would object based upon impacts to the identified water bodies and associated wetlands.

Commr. Swartz stated that he would be voting against the amendment, as he had done before, because he does not feel that it is good planning. He stated that the land should not be added and he feels that DCA was correct in their ORC Report, however, noted that their recommendations are disappointing, in that they simply talk around the issue of it being inconsistent and try to find a way to have consistency where it cannot exist.

Commr. Hanson stated that she found it to be quite the opposite, noting that she was encouraged that DCA had sought to find a compromise situation resolution and that she feels, while a rural village may have been desirable from the very beginning, if the County did not already have a vested DRI, that might have been a possibility, but, the bottom line is that the County does have a vested DRI, with a very high number of development units, and that it is already in place, so she feels that they have been very constructive in their recommendation in A, which would allow for the DRI to continue, but that the other three parcels be designated Urban Expansion, so she would support it.

Commr. Gerber stated that she is a proponent of having the Future Land Use Map show what is actually existing on the ground, noting that she feels the vested DRI should already be on there. She stated that, being the three parcels in question are contiguous to a vested DRI, she did not have that much opposition to it, therefore, would support the Urban Expansion land use designation of the DRI.

A motion was made by Commr. Gerber that the Board adopt Recommendation 1. C. A. of the ORC Report, from the Department of Community Affairs.

Commr. Swartz stated that Urban was never advertised and that was not the basis of the amendment. He stated that the vested DRI already has density assigned to it and that it is an Urban use. He stated that DCA changed the name of the land underneath it, so that they could make their conscience feel better about adding Urban Expansion to it, but that all that was before the Board this date, in terms of the Comprehensive Plan, was to assign the designation of Urban Expansion to the three parcels in question. He stated that the DRI has vesting, which he elaborated on. He noted that the Board was only to assign Urban Expansion to the 270 acres alluded to earlier. He stated that an amendment was never sent forward that was advertised that would change the existing DRI to Urban. He stated that he did not feel the Board needed to do anything other than approve the Ordinance before them, amending the three parcels in question to Urban Expansion, and send it back to DCA indicating that it is attached to a vested DRI.

Mr. Richey, Attorney, interjected that he felt the second phrase has to be in there, showing the DRI on the Future Land Use Map, to deal with the ORC Report comments from DCA, and that is what he was requesting the Board to do this date.

Commr. Gerber amended her motion to have the County Attorney's Office assign a designation that would reflect the vested DRI that is before the Board this date and to assign the land use designation of Urban Expansion to the 270 acres, by adopting Ordinance No. 1996-43, Amending the Lake County Comprehensive Plan Relating to the Royal Highlands Development of Regional Impact, as read on its first and final reading, by title only, as well as approve the Developer's Agreement, which requires that the existing density be spread out over the entire site.

Commr. Hanson seconded the motion.

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

Commr. Swartz and Good voted "No".

PUBLIC HEARING

ORDINANCES/PLANNING AND DEVELOPMENT

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinances on the floor, for their first and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 21, RANGE 24, GENERALLY LOCATED AT THE INTERSECTION OF THE FLORIDA TURNPIKE AND U.S. 27; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FUTURE LAND USE MAP FOR PROPERTY LOCATED IN SECTION 24, TOWNSHIP 21, RANGE 24, AND SECTION 19, TOWNSHIP 21, RANGE 25, GENERALLY LOCATED AT THE INTERSECTION OF THE FLORIDA TURNPIKE AND U.S. 27; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AMENDMENT TO THE FIVE YEAR SCHEDULE OF CAPITAL IMPROVEMENTS; PROVIDING FOR PROOF OF PUBLICATION AS REQUIRED BY CHAPTER 163, FLORIDA STATUTES, SECTION 163.3184(15); PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



The Chairman opened the public hearing.

Mr. Steve Richey, Attorney, appeared before the Board and addressed the first two ordinances, stating that he was present trying to correct the ambiguity that exists, based on the Department of Community Affairs saying that the County needs to do corrective action. He stated that, with regard to one of the ordinances, in trying to comply with DCA, he filed a Comprehensive Plan Amendment to have the property once again designated Rural and that the other ordinance pertains to an additional piece of property in the same area that has a split designation, to bring it all into the Rural designation, for future evaluation.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1996-44, Amending the Lake County Comprehensive Plan Providing for Amendment to the Future Land Use Map for Property Located in Section 24, Township 21, Range 24, Generally Located at the Intersection of the Florida Turnpike and U.S. 27, as read on its first and final reading, by title only.

On a motion by Commr. Good, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1996-45, Amending the Lake County Comprehensive Plan Providing for Amendment to the Future Land Use Map for Property Located in Section 24, Township 21, Range 24, and Section 19, Township 21, Range 25, Generally Located at the Intersection of the Florida Turnpike and U.S. 27, as read on its first and final reading, by title only.

Mr. Mark Knight, Chief Planner, Planning and Development, appeared before the Board stating that approval of the Ordinance providing for amendment to the Five Year Schedule of Capital Improvements would add the phase of the South Lake Rail Trail to the Schedule, in the Comprehensive Plan, so that grant funds could be sought.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1996-46, Amending the Lake County Comprehensive Plan Providing for Amendment to the Five Year Schedule of Capital Improvements, as read on its first and final reading, by title only.

RECESS AND REASSEMBLY

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

PARKS AND RECREATION CAPITAL IMPROVEMENT PROJECTS PRESENTATION

ACCOUNTS ALLOWED/OUTDOOR RECREATION/PUBLIC SERVICES

Mr. Chuck Pula, Parks and Recreation Coordinator, Public Services, appeared before the Board and thanked them for the Lake County Parks and Recreation Capital Improvement Program, noting that the seed money that this program provides goes a long way towards meeting the Parks and Recreation needs of Lake County.

Mr. Jim Myers, Chairman of the Lake County Parks and Recreation Advisory Board, appeared before the Board and presented the unanimous recommendation of the Parks and Recreation Advisory Board, for the Parks and Recreation Capital Improvements Projects, for FY 1996-97. He noted that this was the fourth year that said Board has made recommendations to the Board of County Commissioners. He then recognized several members of said Board, who were present in the audience, and thanked Mr. Pula for the many hours of hard work that he puts in, in assisting their Board.

Commr. Cadwell noted, for the record, that he had received a letter from Ms. Debbie Stivender, a member of the Parks and Recreation Advisory Board, stating that she was unable to attend this meeting, due to illness, however, endorsed the projects being presented this date.

Mr. Myers informed the Board that this year the Parks and Recreation Advisory Board received a record number of requests (35), totaling over $1.2 million, and that they reviewed over 30 of them and came up with a recommendation for approval of eleven (11) projects, totaling $253,700.00. He stated that their target each year has been $200,000.00, however, noted that there was a project from last year that was not undertaken and another project where funds were returned and that they were advised they could allocate those funds, as well. He requested the Board to approve the projects being presented this date.

Commr. Hanson stated that she appreciated the funding for the Paisley park, noting that she felt, in looking at the County as a whole, Paisley is one area that has a definite need for a park. Commr. Cadwell thanked Mr. Myers and the other members of the Parks and Recreation Advisory Committee for a job well done.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Public Services for approval of eleven (11) Capital Improvement Projects selected by the Parks and Recreation Advisory Board, for funding in FY 1996-97, as follows:

DISTRICT I



City of Fruitland Park $ 20,000.00 Picnic Pavilion with Lighting, Picnic Tables,

and Grills



City of Leesburg $ 25,800.00

Johnson Park and Pool Blanket, Lake Aquatic ___________



Total $ 45,800.00





DISTRICT II



City of Clermont (Priority #2) $ 17,900.00

Construction of Neighborhood Playground



City of Mascotte $ 20,000.00

Repairs to Recreation Complex and Play Areas ___________



Total $ 37,900.00



DISTRICT III



Howey-in-the-Hills $ 10,000.00

Pavilion



Eustis Little League $ 30,000.00

Lighting for Youth Baseball and Football Field

NOTE: $10,000 of this money came from District V



City of Tavares (Priority #1), Woodlea Road $ 20,000.00

Lights, Sidewalks, Bleachers, and Fencing ___________



Total $ 60,000.00



DISTRICT IV



Paisley Association for Recreation/Kids $ 70,000.00

Land Acquisition for a Community Park and

Some Improvements



Mt. Plymouth Landowners League $ 10,000.00

Basketball Court, Driveway, and Fencing ___________



Total $ 80,000.00



DISTRICT V



Town of Lady Lake $ 10,000.00

Tennis Court



Community Outreach of Umatilla $ 20,000.00

Land Acquisition and Some Improvements, if

Funds are Available __________



Total $ 30,000.00



GRAND TOTAL $253,700.00



CITIZEN QUESTION AND COMMENT PERIOD



No one present wished to address the Board.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS

BIDS/COMMITTEES/COUNTY BUILDINGS AND GROUNDS

FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Mike Anderson, Director, Facilities and Capital Improvements, appeared before the Board and requested that the action before them be changed from a request for approval to solicit bids, to approval to solicit proposals, noting that he wanted the County to have and retain as much flexibility in this process as possible and not have to commit to locking into the lowest bid. He stated that, in July of 1993, the Board approved a change order to the Odell & Associates contract, to begin a feasibility study, for an addition to the Public Services building, which he noted was in addition to the original renovation project. He stated that they were getting close to completion of the original renovation project and would like to solicit proposals for the renovation and addition to the Public Services building. He stated that the majority of the funding for this project would come from CTT funds; however, a small amount would come from infrastructure sales tax. He stated that, attached to the Board request, was an estimate of the cost of the project, prepared by the architect. He requested authorization to solicit proposals for the project, noting that he felt the County would be able to improve on the prices reflected by the architect. He reviewed the Construction Cost Estimate for the project ($1,310.041.00) with the Board and answered questions regarding same.

Commr. Swartz interjected that, in the past, when the County solicited proposals, it was only with regard to design/build type situations.

Mr. Sandy Minkoff, County Attorney, stated that he felt the County was required to bid and that he did not feel the Board could act on this type of proposal. He stated that, while it is true that the County can reject bids, a lot of work, time, and effort goes into preparing a bid on a project like this, for a contractor, so he did not think that the Board should get into a position of throwing things out for bid that they do not feel they can fund the cost estimate of. He stated that it would frustrate the bidding process and he felt would really hurt the County, in the future, because fewer people would bid on County projects.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for authorization to solicit bids necessary to construct an addition to and renovate the existing Public Services building; however, prior to putting the bid process out, that the matter be presented to the City/County Parking Committee, to review and approve those issues related to parking.

Mr. Anderson then requested approval of a Selection Committee, as appointed by the County Manager, for the purpose of evaluating the contractors by the selection criteria, to determine the lowest, most qualified contractor, so that a recommendation can be made to the Board of County Commissioners, at a later date, to award the contract.

Commr. Swartz suggested postponing action regarding this request until a later date, and, if it is decided that a committee is still needed, to bring a recommendation back to the Board at that time.

It was noted that, if the County was going to solicit bids, rather than proposals, a Selection Committee would not be needed.

No action was taken regarding a Selection Committee, at this time.

FIRE AND EMERGENCY SERVICES/MISCELLANEOUS

Chief Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board and explained this request. He stated that the Volunteer Incentive Program was back before the Board, in a revised format, as a result of meetings that were held with volunteer firefighters throughout Lake County. He stated that it was also the recommendation of the Fire Rescue Advisory Board, at which time he introduced those members of said Board, who were present in the audience. He stated that major revisions of the program were outlined for the Board, on a cover sheet, as follows:

Length of Service Awards Program



Deleted - Volunteers stated they would rather have money spent on new equipment than on length of service awards.





Health Insurance



Dropped - Not able to provide through the County's insurance plan.



Proposal to Recognize Communities on Sides of Fire Apparatus



Changed to allow the volunteer stations to design an appropriate company slogan and via decals, approved by Chief Haun, applied to the apparatus.



Chief Haun stated that there were three programs that would be remaining in the recommendation, in addition to the ones that the County currently offers, which he noted are, as follows:

Training Stipend $ 21,000.00

Minimum Standards Training 6,000.00

Awards/Recognitions 1,800.00



TOTAL $ 28,800.00



Chief Haun noted, for the record, that the most preferred method of recognition by the volunteers is the Awards/Recognitions Program, so that they are recognized for what they are doing for the communities. He stated that the end result of the Incentive Program is an increase of approximately 40% of a financial commitment towards the volunteer incentives. He noted that he would like to begin the Training Stipend and the Awards/Recognitions Program October 1, 1996, which he noted would give the County an annual tracking date to track said awards statistically.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Fire and Emergency Services for approval of the Volunteer Incentive Program, with the changes presented this date, as recommended by the Fire/Rescue Advisory Board.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board reappointed Ms. Sheila E. Schneider to the Lake County Board of Adjustments, representing District 2.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board reappointed Mr. Gerald B. Galbreath to the Lake County Board of Adjustments, representing District 1.

On a motion by Commr. Swartz, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board reappointed Mr. Alton Roane to the Lake County Board of Adjustments, representing District 3.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed Ms. Barbara Morris to the Lake County Board of Adjustments, representing District 4.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed Mr. Keith Shamrock to the Lake County Board of Adjustments, representing District 5.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/COMMUNITY SERVICES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board reappointed the following individuals to the Lake County Citizens' Commission for Children:

District 1



Joan P. Brown



District 2



Donald P. Ricci



District 3



Susan Libbert



District 4



Jose R. Gonzales, M.D.



District 5



Mike Ross





On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. Jimmy Crawford to the Lake County Citizens Commission for Children, representing District 2, to fill the unexpired term of Ms. Linda Lewis, who resigned, with the term ending May 17, 1997.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed Ms. Norma Calby to the Lake County Citizens Commission for Children, representing District 1, to fill the unexpired term of Ms. Louise Arthur, who resigned, with term ending May 17, 1997.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board appointed Mr. David Dawkins to the Lake County Citizens Commission for Children, as the Member-At-Large, to fill the unexpired term of Ms. Sandra Green, who resigned, with term ending May 17, 1997.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Mr. John Burris and Ms. Woodley Grizzard Trussell to the Lake County Cultural Affairs Council, to fill the unexpired terms of Mr. Chet Blackmon and Ms. Brenda Heim, respectively, with terms to expire June 20, 1997.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/PLANNING AND DEVELOPMENT

STATE AGENCIES

Mr. Sandy Minkoff, County Attorney, informed the Board that this request pertained to a proposed Settlement Agreement involving a lot split between Donald and Mary Bailey, Lake County, and the Department of Community Affairs. He stated that it pertained to an Administrative Hearing that grew out of a lot split, which was approved by Lake County; however, the Department of Community Affairs appealed it. He stated that the County took a back seat position, due to the fact that it had approved the lot split in the first place. He stated that DCA and the Baileys have come to an agreement, noting that DCA is going to dismiss the appeal. He stated that the County needs to sign the Settlement Agreement, as part of the agreement, noting that it provides that a Conservation Easement will be given to the County and the County is going to accept.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and execution of the Settlement Agreement, in the case of the Department of Community Affairs vs. Donald B. Bailey and Mary Ann Bailey.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/MEETINGS

Mr. Sandy Minkoff, County Attorney, requested approval of a Special Master Agreement, with regard to a case where McKinnon Groves filed a Special Master proceeding over a vested rights determination. He stated that the Special Master that was chosen is Mr. Robert Williams, Attorney, with a fee of $150.00 per hour. He noted that the County will have to pay half of that fee.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request

from the County Attorney for approval of a Special Master Agreement, with regard to a vested rights determination involving Lake County and McKinnon Groves.

REPORTS

COUNTY ATTORNEY

PROPERTY APPRAISER/COMMISSIONERS/EDUCATION

PLANNING AND DEVELOPMENT/ZONING

Mr. Sandy Minkoff, County Attorney, informed the Board that the Property Appraiser's Office received a petition to the Value Adjustment Board from Mr. and Mrs. Tom Mullany, noting that they had been advised by the Property Appraiser, Mr. Ed Havill, that they could file the petition and had a good chance of success. He stated that it would require the Board to reconvene the Value Adjustment Board, to discuss said petition.

It was the consensus of the Board to do so, possibly on a Tuesday morning, at 8:30 a.m., before a regularly scheduled Board Meeting.

REPORTS

COUNTY MANAGER

COMMISSIONERS/MEETINGS

Ms. Sue Whittle, County Manager, requested authorization to schedule a Mini-Retreat (one-half day), at the Boy's Ranch, on June 20, 1996, at 9:00 a.m., to further address the issue of the County's goals, previously discussed at the Board Retreat held on April 30, 1996, as requested by the Board.

It was the consensus of the Board to do so.

REPORTS

COMMISSIONER'S BUSINESS

MISCELLANEOUS

Commr. Hanson informed the Board that she would like to continue with the possibility of using the Bradshaw property for a possible Expo Center and/or Agricultural Museum, if the County can still acquire the property, and if a smaller museum is still available.

A brief discussion occurred regarding the matter, however, no action was taken, at this time.

LAWS AND LEGISLATION/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a Resolution proclaiming May 15, 1996 as Lake County Law Enforcement Memorial Day.



RESOLUTIONS/COMMUNICATIONS/MUNICIPALITIES

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a Resolution requesting that the Public Service Commission approve Extended Area Service for the Lady Lake area into the telephone exchanges in South Marion County.

RESOLUTIONS/LAWS AND LEGISLATION

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda a request for approval of a Proclamation proclaiming May 20, 1996 as Law Day in Lake County.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Proclamation proclaiming May 20, 1996 as Law Day in Lake County.

MEETINGS/MUNICIPALITIES/COMMISSIONERS

Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that a Townhall Meeting was scheduled for May 8, 1996, in Eustis, at 7:00 p.m., at City Hall.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:50 a.m.





_______________________________

WELTON G. CADWELL, CHAIRMAN





ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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