A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 15, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, April 15, 1997, 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: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava Kronz, Director of Continuous Quality Improvement; and Toni M. Riggs, Deputy Clerk.

Commr. Cadwell gave the invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle noted that the Board had an addendum to the agenda today.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 4, 1997, Regular Meeting, as presented.

Discussion occurred regarding the Minutes of March 18, 1997, with the following corrections being made:

Page 15, Line 3 - Delete: "both a MSTU and"

Amend: "are" to "is"



Page 22, Line 17 - Delete: "a resident of Clermont"



On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 18, 1997, Regular Meeting, as corrected.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the following requests (Items 1-5):

Accounts Allowed



Acknowledged 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.

Bonds - Contractor



New



5535-97 Robert Wayne Clark d/b/a Central Systems (Mechanical)

5536-97 Elijah Bailey, Jr./Bailey Industries, Inc. (Electrical)



Accounts Allowed/County Property



List of items to be deleted from Fixed Assets for the month of April, 1997, in the amount of $10,899.11.



Municipalities/Ordinances



Received from the City of Minneola Ordinance 97-02 pertaining to a petition received from Carson Groves and Jaymark Builders & Developers, Inc. asking that property contiguous to the city limits be annexed to and made a part of the City of Minneola, as described, which was passed and ordained March 11, 1997 by the City Council of the City of Minneola.



Municipalities/Ordinances



Received from the City of Minneola Ordinance 97-03 pertaining to a petition received from Terrence V. McMullen and Jaymark Builders & Developers asking that property contiguous to the city limits be annexed to and made a part of the City of Minneola, as described, which was passed and ordained March 11, 1997 by the City Council of the City of Minneola.



Accounts Allowed/Budget Adjustments



Budget Adjustments for FY 96/97.



A. Transfers:



1. Fund: General Fund

Dept: Sheriff

From: Contingency - Sheriff $15,000

To: Transfer - Law Operating $15,000

Transfer #: 97-137



Justification: Pursuant to F.S. 30.49, the Sheriff is requesting $15,000 from contingency be transferred into Law Operating.



2. Fund: Central Industrial Park

Dept: Facilities and Capital Improvements

From: Construction in Progress $30,000

To: Professional Services $ 5,000

Communications $25,000

Transfer #: 97-138



Justification: Transfer needed for a sign to be designed and constructed at the entrance of the Lake County Industrial Park.



B. Resolutions:



1. Fund: General Fund

Depart: Sheriff

Revenue: Inmate Medical Fees $3,000

Expend: Transfer/Jail Equipment $3,000

Transfer #: 97-139

Justification: Resolution 1997-66 to receive unanticipated revenue in the amount of $3,000 collected from inmates for medical services at the jail.



ADDENDUM NO. 1

PERSONAL APPEARANCES

ACCOUNTS ALLOWED/CHECKS RECEIVED/LIBRARIES

Ms. Mary Pringle, a representative from Secretary of State Sandra Mortham's office, addressed the Board and presented a check, in the amount of $71,945.50, for the Lake County Library System.

Ms. Wendy Breeden, Library Services Manager, accepted the check and informed the Board that the money would primarily be going towards the new frame relay network and internet server, and to boost the reference collections of the member libraries. This was the second installment of the County's State Aid check.

No action was needed by the Board.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber made a motion, which was seconded by Commr. Hanson, to approve the County Manager's Consent Agenda (Tabs 3 through 18).

Under discussion, Commr. Good pointed out that Tab 3 was a request for the approval and execution of a Proclamation declaring the week of April 23 through May 1, 1997 as Teen Pregnancy Prevention Week. He stated that a lot of the underweight births and many of the County's social concerns occur as a result of teen pregnancy, and he felt that efforts needed to be made as a community to deal with this situation.

The Chairman called for a vote on the motion, which was carried by a 5-0 vote, to approve the following requests:

Community Services/Resolutions



Approved request for the execution of Proclamation 1997-65 declaring the week of April 23 - May 1, 1997 as Teen Pregnancy Prevention Week.



Community Services/Contracts, Leases & Agreements



Approved request for the execution of Second Amendment to the Funeral Director's Association Agreement for the purpose of providing transportation of unclaimed and indigent bodies to the Anatomical Board.





Accounts Allowed/Contracts, Leases & Agreements

Facilities and Capital Improvements

Parks and Recreation



Approved request for the execution of all necessary closing documents and Agreement between Lake County and James Carroll to purchase South Umatilla Park property at a cost of $18,000.



Bonds - Mobile Home



Approved request for the cancellation of Mobile Home Bond for:



MB 18-94-4 Manoochehr Motamedi



Accounts Allowed/County Employees/Human Resources



Request for approval of Thomas Cassidy Workers' compensation settlement in the amount of $10,000.00.



County Employees/Human Resources



Request for approval of four position reclassification/upgrades, as follows:



Current Classification Change To



Building Technician Licensing & Building Pay Grade 0009 Technician

Pay Grade 0012



Maintenance Helper Maintenance Specialist I

Pay Grade 0005 Pay Grade 0008



Maintenance Helper Maintenance Specialist I

Pay Grade 0005 Pay Grade 0008



Maintenance Specialist I Maintenance Specialist II

Pay Grade 0008 Pay Grade 0010



Information Services/9-1-1/Resolutions



Request for approval and execution of Resolution 1997-67 to collect 9-1-1 fee from telephone users in accordance with Florida Statute 365.171.



Accounts Allowed/Contracts, Leases & Agreements/Public Works



Request to approve to release a Letter of Credit in the amount of $250,000 that was posted for the completion of the improvements as described in items 1, 2 and 3 of paragraph 3 in the Stipulation between Lake County, Deer Island Partners, Ltd. and Tramell Webb Partners, Inc. executed on June 26, 1996.



Accounts Allowed/Road Projects/Water Authority



Request to approve the execution of Change Order No. 1 to West Main Street Road Improvement Project No. 14-95 for hooking up the irrigation system at the Lake County Water Authority in the amount of $824 from the Road Impact Fund - Benefit District 2, Commission District 3.





Accounts Allowed/Contracts, Leases & Agreements/Municipalities



Request to approve the execution of Interlocal Agreement between Lake County and the City of Eustis relating to the construction of a sidewalk on County Road 19A - Fiscal Impact of $2,050.



Roads-County & State/Signs/Resolutions



Request to approve the execution of Resolution 1997-68 authorizing the posting of "Speed Limit" signs on the following roads in the Fruitland Park area: Allen Rd. #1-6411, Clark Rd. #1-6411A, Wayne Rd. #1-6411B, Idlewild Dr. #1-6510, Bair Rd. #1-6510A, Woods Dr. #1-6510B, Williams St. #1-6510C, Bergen Hall Rd. #1-6510D, Haynes Rd. #1-6511, Wilmington Rd. #1-6511A, Edgewood Dr. #1-6511B, Ridge Rd. #1-6511C, Sunnyside Dr. #1-6512, Pine St. #1-6512A, Cedar St. #1-6512B, Palm St. #1-6512D, Daisy Ln. #1-6513, Trudy Rd. #1-6612, Shalimar Dr. #1-6712, Shadow Wood Ln. #5-6610, Eagle Ridge Rd. #5-6610A and Royal Oak Rd. #5-6711.



Roads-County & State/Signs/Resolutions



Request to approve the execution of Resolution 1997-69 authorizing the posting of "No Parking on Right-of-Way" signs on both signs of Country Club Dr. #3-3147 for a distance of 300 feet, more or less, from CR 561 in the Astatula area.



Roads-County & State/Signs/Resolutions



Request to approve the execution of Resolution 1997-70 authorizing the posting of "Speed Limit" signs on Apiary Road (#5-6745) in the Grand Island area.



Road Vacations



Request to approve to advertise Road Vacation Petition No. 840 by Betty B. Cheek to vacate rights of way, Groveland Farms Plat, Sec. 26 & 27, Twp. 23, Rge. 24, Groveland area - Commissioner District 2.



Deeds/Roads-County & State



Request to approve the Acceptance of the following deeds:



Statutory Warranty



Travis D. Kennedy and Willard D. Kennedy

C-561A



Roy R. Shelley and Deborah Rose Shelley

East Dewey Robbins #2/3-2729



Dannie D. Torres and Evelyn L. Torres

Florida Boys Ranch Road #2-0729



Tchine, Inc.

East Dewey Robbins Rd. #2/3-2729

(O.R. 1505 Pg. 1590)



Tchine, Inc.

East Dewey Robbins Rd. #2/3-2729

(O.R. 1505 Pg. 1595)





Drainage Easement



Peter F. Tilby

Pine Island Drive #6-6043A



Accounts Allowed/Contracts, Leases & Agreements/Municipalities



Request to approve the execution of Interlocal Agreement between Lake County and the City of Eustis for leachate disposal for the term of October 1, 1996 through September 30, 1997 - Fiscal Impact of $49,000.



PERSONAL APPEARANCES

NORTH CENTRAL FLORIDA HEALTH PLANNING COUNCIL

Mr. Jack Hargrove of the North Central Florida Health Planning Council (NCFHPC) addressed the Board and stated that he and Mr. Bill Mobley have served as the County's representatives on the NCFHPC, as well as Ms. Carol Gormley, who would be providing an update on the activities of the NCFHPC.

Ms. Gormley addressed the Board and explained that the NCFHPC was a private non-profit organization established under Florida law to serve as a regional health planning organization for a sixteen county area. Each of the commissions in each of the 16 counties appoint the volunteers that serve as the Board of Directors of the NCFHPC. The Council collects data, provides assistance to communities working on health issues, prepares regional plans and develops policies that are used by the State of Florida through the agency of Health Care Administration in their regulation of health facilities. Ms. Gormley stated that the NCFHPC has been active with Lake County in working with a number of community initiatives to address health issues, and it was currently working with the Lake County Comprehensive Health Care Committee. She stated that the Council works on collection of health care data, and it has collaborated for the last two years with the other 11 local health councils throughout the State of Florida to produce a set of 12 books called "The Health Data Source Book". She stated that there was a state wide summary of health data, and there was also one book for each of the 11 health planning districts in the State. An official copy has been provided to the Chairman, and she had made

summary documents available to all of the members. Ms. Gormley stated that the Council was involved with the Healthy Start Initiatives in this area, which was a four county coalition that receives staff support services from the NCFHPC, and Healthy Start has made teen pregnancy prevention its primary issue in this area. She appreciated the fact that the Board enacted the Proclamation to support Teen Pregnancy Prevention Week. Ms. Gormley stated that another initiative addressing teen pregnancy was the Welfare Reform Bill, which was a result of the WAGES Bill. The NCFHPC would be working to make sure there was no duplication in this area of concern. She stated that the NCFHPC is required, because it is State authorized, to pay attention to what is going on in the Legislature, and there is a Bill addressing the Department of Health that will move the local health planning council program from the agency for Health Care Administration, to the Department of Health, and it expects this move to result in a very close working relationship with county health departments throughout the region.

No action was needed by the Board.

PUBLIC HEARINGS

MIDYEAR BUDGET AMENDMENTS

Ms. Sue Whittle, County Manager, noted that the Board had been provided with a booklet containing the mid-year budget adjustments that needed to be made today to the Fiscal Year 1996-97 budget. The adjustments totaled $7,605,480, which increases the overall County budget to $154,918,756. These changes primarily reflected the audited Beginning Balance of each Fund, and the corresponding increase or decrease to reserves. Revenue projections have been revised based on actual year-to-date receipts and analysis by the Budget Department and appropriate staff. Ms. Whittle stated that there were no requests for additional personnel. She stated that the document presented a summary by Fund of the Budget Adjustments, Audited Fund Balances Forward, and Contingency/Reserve Adjustments. A list of the changes in Capital Outlay was presented on page 4. The detailed adjustments for those Funds with changes other than, or in addition to, the Contingency account, began on page 7.

Ms. Whittle stated that this was an advertised public hearing, and the entire budget staff was present in the audience to answer any questions of the Board. The mid-year budget amendments needed to be adopted by resolution. Ms. Whittle noted that, with the Audited Fund Balance Forward, it increased the Special Reserve Account.

Commr. Good opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Swartz commended the Board staff, as well as the Clerk's Finance Department, for putting together another very clean and fiscally responsible mid-year budget amendment.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved Resolution 1997-71 adopting a Supplemental Budget for Fiscal Year 1996/97.

ACCOUNTS/ALLOWED/CONTRACTS, LEASES & AGREEMENTS

FACILITIES AND CAPITAL IMPROVEMENTS

PARKS AND RECREATION

Under Tab 5 regarding the contract to purchase the South Umatilla Park property, Commr. Cadwell recognized some of the residents from Umatilla who were present in the audience and extended his appreciation to them for helping to bring this project together.

CITIZEN QUESTION AND COMMENT PERIOD

It was noted that no one present wished to present questions, comments or concerns to the Board at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

BUDGETS/MEETINGS

Ms. Sue Whittle, County Manager, discussed the public hearing dates for the 1997/1998 budget and requested that the Board approve the first public hearing date of Tuesday, September 9, 1997, and

the second public hearing date of Tuesday, September 23, 1997. Ms. Whittle noted that the Board's regular meetings were scheduled for September 2, September 16, and September 23 and requested that the Board combine the September 2nd and September 16th meetings and have one meeting on September 9th and one on September 23rd.

Mr. Sandy Minkoff, County Attorney, explained that the dates for the budget hearings were keyed to the July 1, 1997 certification date. The Property Appraiser does the millage certification on July 1st, or thereabouts, and the first meeting has to be no earlier than 65 days and no later than 80 days after that date, which would be somewhere between September 5th and September 20th, and the second meeting has to be no later than 15 days after the first meeting.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to reschedule the Board meetings in the month of September, as follows: September 9, 1997, with the first public hearing being held at 6 p.m.; and September 23, 1997, with the second public hearing being held at 6 p.m.

Ms. Whittle discussed the month of July and noted that the regular Board meetings were scheduled on July 1, 1997, July 15, 1997, and July 22, 1997. She recommended that the Board reschedule the meetings, with the first meeting being held on July 8, 1997, and the second meeting being held on July 22, 1997, because of the National Association of Counties (NAC) meeting in Tallahassee, and the budget workshops.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to reschedule the Board meetings in the month of July, as follows: July 8, 1997 and July 22, 1997.

APPOINTMENTS-RESIGNATIONS/COMMUNITY SERVICES/GRANTS

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and introduced Ms. Junie Albers, Chair of the Lake County Prekindergarten Interagency Council, who would be discussing the request for appointments to the Council, as established under the Work and Gain Economic Self-Sufficiency (WAGES) Act.

Ms. Albers addressed the Board and presented a brief history about the Prekindergarten Interagency Council and explained that, according to the law, the Council must consist of at least 12 members to be appointed by the Lake County School Board, the County Commission, and the Department of Children and Families district administrators. The Lake County Commission is required to appoint three members to the Council, and since the Council has already been active, some names were being suggested of people who were familiar with the Council and have already been attending the meetings. Ms. Albers stated that Ms. Hillary Knepper, Childrens' Services Coordinator, has been an active part of the Council, and she was being suggested to represent the portion of advocacy for young children, but her appointment would be made through the Department of Children and Families. Ms. Albers explained the responsibilities of the Council noting that they meet on the third Thursday of every month at the Public Safety Complex. She stated that the Council has been awarded a $95,000 grant to help encourage collaboration among the agencies, and to help give the Council funding for services for children up to the age of five.

Commr. Good noted for the record that there was a Prekindergarten Interagency Council Meeting Schedule for 1996-97 in the backup material.

Commr. Hanson made a motion, which was seconded by Commr. Gerber, to approve the appointment of Nancy Allison, Octavine Rivers, and Alice Evens to the Lake County Prekindergarten Interagency Council, as required by the "Work and Gain Economic Self-Sufficiency (WAGES) Act".

Under discussion, Commr. Gerber had questions of Ms. Knepper about the appointments.

Ms. Knepper explained that the appointments had to come to the Board for approval, because the appointments were spread out between three different entities.

Mr. Sandy Minkoff, County Attorney, explained that there was not a condition in the WAGES Act that requires the Board to accept the recommendations, so these would be like normal appointments to any other board.

Commr. Gerber questioned, since this issue was connected with the schools, how Ms. Knepper felt when she went to the meetings, and if the schools fit in with the prekindergarten situation, or the Board's agenda toward early intervention.

Ms. Knepper felt that the schools fit in beautifully, and with finally getting funding from the grant, the Council was working on streamlining services for children, basically the prekindergarten population, and transitioning them into kindergarten; on quality issues to make sure all of the child care programs were meeting the same basic mandates that they would like to see in place before they leave and enter kindergarten; and primarily the work that was going on in child care, which would include Head Start, prekindergarten, private child care, and subsidized child care.

Commr. Gerber questioned how all of this would fit in with private providers of day care.

Ms. Knepper stated that the private providers of day care do not have to attend, because there is no mandate for them, but the Council was trying to encourage them to participate. The fiscal agent of the grant money was the School Board, and the money was not to pay for child care but was planning dollars.

Ms. Albers explained that the grant for the prekindergarten early intervention program comes through the School Board from the State, and in turn, the Council contracts out with private providers and Head Start. They also have the $95,000 grant that was not to provide services for children, but it was to encourage collaboration among agencies.

Mr. Smith presented information about each individual being recommended for appointment and noted the agency where each one was employed.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

COMMITTEES/ORDINANCES/COMMUNITY SERVICES

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board to discuss the request to approve to advertise an Ordinance providing for the continuation of the Lake County Citizens' Commission for Children.

Mr. Sandy Minkoff, County Attorney, explained that the most subsequent change was made to Page 4, to the language regarding the County Commissioner's position as a member, because now the County Commissioner will not be considered as a member of the Commission and may be appointed by the Chair of the Board to serve as a non-voting liaison. He stated that staff will also be bringing back language for the Health Care Committee Resolution to include the same language.

Commr. Hanson questioned how far the County has gotten, in terms of serving as a clearing house of information for the different services available for children.

Ms. Knepper stated that the participation at the meetings was comprised generally of several community members, but the majority of the providers in the community, who were providing the bulk of the services, and the Citizens' Commission for Children, have also become the hub for the new emerging programs.

Mr. Minkoff stated that, in the membership section of the Ordinance, it provides that the members will have two year terms beginning on January 15th of each year. The Ordinance sets up a staggered system so that eight members will be appointed in even years and seven members in odd years, and when the Ordinance is advertised, it has a transition section, which carries all of the current members over, but requires the Board to designate who will

be an even year and who will be an odd year. He noted that the County may wish to amend or repeal portions of the Ordinance, if it went to the State Governor appointed Childrens' Services Council.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to advertise the Ordinance providing for the continuation of the Lake County Citizens' Commission for Children.

ECONOMIC DEVELOPMENT/ORDINANCES

Mr. Sandy Minkoff, County Attorney, discussed the request for approval to advertise a Motion Picture Filming Ordinance. He stated that this was a collaborative effort between Mr. Alvin Jackson, Deputy County Manager, Ms. Leslie Little, Senior Director of Economic Development, Ms. Sharon Farrell, Senior Director of Growth Management, and himself. Mr. Minkoff stated that initially this had been suggested, because of some of the confusion that had happened on the movie sites, and a desire to provide a single mechanism for movie producers to come in and get permits. The Ordinance creates a new portion of Chapter 10, which requires a comprehensive permit that would include all of the County regulations including LDRs all at one time.

Commr. Hanson stated that she was real glad to see this happening, because about a year ago, she was struggling to get something like this to the Board.

Commr. Swartz questioned Mr. Minkoff whether it would be possible to re-number and perhaps move either a part of, or all of, Section 10-4 towards the back of the ordinance, because the purpose of this ordinance is to provide a uniform method of the motion picture industry and get the necessary permits and operate under that Code, as it is outlined, but after the definitions, there is a section that deals with suspension, revocation, violation of abatement, as well as the permit required, and it sounds very negative when you start reading it, and it is not until you get toward the end that you begin to realize how it is intended.

Mr. Minkoff stated that the second sentence in sub-paragraph (1) and number (2) could be moved, as well as (3) and (4), and then a penalty section could be created at the end.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to advertise the Ordinance providing for the continuation of the Lake County Citizens' Commission for Children.

PUBLIC HEARINGS

ORDINANCES/GROWTH MANAGEMENT

Mr. Sandy Minkoff, County Attorney, noted that the Board has a 10 a.m., or as soon thereafter, advertised public hearing.

Commr. Good asked if anyone was present for the public hearing on the Ordinance amending Appendix E of the Lake County Codification amending Chapter VI, Resource Protection Standards. It was noted that no one was present for the hearing, so the Board continued with their agenda.

BIDS/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Don Post, Senior Director, Solid Waste, addressed the Board to discuss the request pertaining to the option not to renew Solid Waste and Recycling Collection Services Contracts with Lake County's three current exclusive franchised haulers. Mr. Post stated that Mr. David Crowe, Senior Contracts Administrator, would be giving a power point presentation on the issues.

Mr. Crowe addressed the Board and stated that the goal for Solid Waste was to provide the best possible solid waste collection services for the citizens of Lake County for a cheap dollar. Mr. Crowe explained that the current contracts expire in the year 2000, and staff wants to start setting up the framework to carry the County well into the twenty-first century, as well as provide the flexibility and collection of services while keeping costs under control. In 1993, the Board approved the establishment of exclusive franchised districts in unincorporated Lake County, with the original term of the contract going from October 1, 1993 to

September 30, 1998. However, in July, 1995, the contract provided for an automatic two year extension to the contract that was added to the end of the contract term, which extended the contract to September 30, 2000. The next renewal period would be July, 1997, and if the Board did not affirmatively take action, the contract would automatically add another two years. Mr. Crowe explained the terms of the contract, in relation to the times of pick up and the types of material that can be picked up and noted that the average generation of waste per household was about 1.1 tons. With the population projections, the County will surpass even the capacity of the Waste Energy Facility before the year 2014. The current contracts also provide for a set increase in the collection rates, with the past two years showing a four percent increase. Mr. Crowe explained information he had received from many of the surrounding counties regarding their rates and reviewed the options that the Board had today, in terms of letting the contracts roll over for the two years; begin renegotiations of the contracts, in order to explore the expansion of collection services at a competitive price; or prepare specifications and scope of services necessary to rebid the exclusive franchise collection area, in cooperation with the county wide Solid Waste Study Committee. Mr. Crowe stated that staff's recommendation was to formally notify the haulers that the County will not renew; for the Board to authorize staff to negotiate expanded services of pricing working with the Citizen's Committee and periodic status reports to the Board as to where the County stands; and should that fail, prepare bid documents and go ahead and rebid the hauler contracts.

Discussion occurred regarding the options being presented for the Board's consideration.

Mr. Post explained that the current haulers would like to have the opportunity to renegotiate without going out to bid, which indicates that they are quite serious about trying to retain their current contracts, but staff has also been contacted by other haulers that they would like to have the opportunity to compete in Lake County.

Commr. Hanson stated that she felt that staff should work with the haulers that the County has now, because this was a stressful situation that the County went through for these services, and staff would work with them, with the understanding that it would come back to the Board before it went any further.

Commr. Gerber stated that she had no allegiance to the current haulers, or any other service.

Mr. Sandy Minkoff, County Attorney, reminded the Board that, in 1992, he was the local counsel for one of the County's current haulers.

Commr. Swartz stated that the decision to renegotiate with the current three haulers, in all fairness to them, was not an indication of allegiance to them, but whether or not it was better than having to go through another difficult time for both the residents and the commercial users of the solid waste collection system, which was more of a concern to him.

Commr. Cadwell stated that it was good business sense to try and negotiate with the haulers that the County was currently doing business with today, and in that negotiation, for them also to know that their other option would be the County going out to bid.

Commr. Swartz stated that there were real issues that needed to be reviewed in the contract, and the one that stood out to him was not so much the residential collection, but the very big difference that the commercial collection was paying. He stated that, if the County could not come forward with a renegotiated contract that addressed the concerns the concerns of the County and perhaps other issues, he certainly would not hesitate to go to bid.

Commr. Swartz discussed whether the Board would have an option, before July 1, 1995, to modify each of the three agreements with the haulers to extend the County's date to exercise the option to renegotiate, and then failing to reach an agreement that was satisfactory, to exercise that option at what might be a later date.

Mr. Minkoff stated that, with the consent of the haulers, the County could modify the contracts.

Ms. Sue Whittle, County Manager, noted that yesterday she spent several hours with the County's financial advisor, as well as Ms. Barbara Lehman, Chief Deputy Clerk, and Mr. Post, and one of things they talked about was the complete review of solid waste based upon their need to solve some of the issues that have been previously discussed. Ms. Whittle stated that the franchise agreements and the requirements of the system would also be reviewed from those angles, which would take some time, and it was not something that was going to happen and be completed, with recommendations being made to the Board, in two months.

Commr. Swartz hoped that, in this upcoming budget, staff was going to evaluate the issues discussed at the Advance Meeting a few weeks ago relating to both the fact that the County is faced with difficulties on the flow control issue, and in not too many years, the County will be faced with paying the principal, so there will be a significant increase in debt service with the incinerator. He suggested that the Board approach the three haulers.

Commr. Gerber made a motion, which was seconded by Commr. Swartz, to authorize staff to try to renegotiate that provision of the contract that would extend the County's ability to exercise its option not to renew the contract beyond July 1, 1997, to give the County time to negotiate within that contract rather than go for termination.

Under discussion, Commr. Swartz asked staff to bring back to the Board, between the Solid Waste staff and the County Manager and County Attorney's Office, assuming the haulers are amenable, a recommended date under which they believed the renegotiation could reasonably take place.

Mr. Minkoff clarified that the agreements were three individual agreements, and they did not stand together.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

RECESS & REASSEMBLY

At 10:30 a.m., the Chairman noted that the Board would recess for ten minutes.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/SOLID WASTE

Mr. Gary Debo, Division Director, Waste Management Facilities Operation (WMFO), addressed the Board to discuss modifications to the Lady Lake Citizen's Drop-off Center (CDC). Mr. Debo stated that, in May, 1995, the Board authorized SCS Engineers to design a Citizen's Drop-off Center, and to incorporate the construction into the closure project. The construction project began in June, 1996, and was substantially completed November 21, 1996. At that time, the County put the CDC into operation and found that the center itself could not accommodate the larger transport vehicles. After consulting with the engineers, they designed some modifications, which Mr. Debo explained to the Board at this time. Mr. Debo stated that, because of the County's expanded missions with recycling efforts and service to the community, staff wanted to take this opportunity to further modify the center above and beyond what was originally proposed in the scope of work in 1995. He stated that a bid was solicited from the general contractor for this increase in scope of work, and staff also solicited a bid from another paving company, but of the two bids received, staff looked at Lindsley Paving Co. Inc. as being more in tune to addressing the needs and being able to respond in a timely manner. Mr. Debo stated that, in discussions with the SES engineers, they volunteered to come forward and absorb the additional costs of these modifications that would exceed the normal contract unit pricing. Had these modifications been incorporated in the original contract, the paving could have been done at those unit prices for

the larger scope of work. In negotiations with the engineer, it was decided that there would be a split in responsibility on the pricing for the work where the County would pay almost $23,000, on the basis of the original unit price work. He stated that SCS has volunteered to cover $15,000 of this cost. Mr. Debo stated that the funding for these modifications are to come from the unused allowance in the contract, which was $200,000 for any unforseen conditions that might arise during the closure project, with an estimated amount being approximately $165,000, although he anticipated that the number would be somewhat greater. He stated that staff was requesting that the Board authorize $22,819 to be taken from the unused portion of that allowance to apply towards these modifications. Mr. Debo explained how this amount was calculated for the request.

Commr. Swartz questioned whether it was necessary to pave all of the areas, as shown by Mr. Debo, in order to accomplish the goals being presented.

Mr. Debo presented a detailed explanation of the design of the areas that would be paved that would accommodate the live floor transport vehicles, and the traffic movement in the area.

Commr. Swartz stated that he would like to see only the necessary area paved.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved for additional work to be performed to modify the layout and paving of the Citizen's Drop-off Center (CDC) in order to accommodate the department's live floor semi-trailers and expanded recycling program and approved to quote and encumber funds in the amount of $22,819, and to award a contract to perform this additional work with the funding source taken from the surplus allowance in the original contract.



PUBLIC HEARINGS

GROWTH MANAGEMENT/ORDINANCES

Mr. Sandy Minkoff, County Attorney, noted that the Board would be considering a proposed Ordinance amending Appendix E of the Lake County Codification amending Chapter VI.

Ms. Paula Blazer, Principal Planner, addressed the Board to discuss the proposed Ordinance for the amendment to Sections 6.02.00-6.02.02 Shoreline Protection and revocation of Wetland Setbacks Procedure LDR-1 adopted January 24, 1995. She presented the Board with a copy of a facsimile that was received today from Ms. Rebecca Jetton, Planning Manager, Green Swamp Area of Critical State Concern, Florida Department of Community Affairs, indicating a new recommendation. She also noted that a letter had been received from The Land Planning Group regarding the issue. Ms. Blazer stated that it appeared that Ms. Jetton's main concern was that the County was going to adopt a definition for "as far landward as possible". Through discussions with staff and the County Attorney's Office, she noted that the definition of "as far landward as possible" would be deleted. In reference to Policy 1-2.6 of the Lake County Comprehensive Plan, Ms. Blazer felt that Ms. Jetton seemed concerned also that it would preclude the 50 foot application, and the County would allow things to be permitted closer than 50 feet to wetlands. She addressed the fourth paragraph in the letter from Ms. Jetton, which expressed her concern that, if someone was going to be closer to the water or the wetland, the pretreatment systems would be utilized. Ms. Blazer stated that this is a standard application that is reviewed.

Commr. Swartz stated that, in this particular Ordinance, which is to replace the policy that staff has been using at staff level, it is really to deal with those pre-existing lots/pre-existing development, that may develop or may be unable to develop, at the standards that the new Code requires. He stated that the Ordinance before the Board will codify the policy that the County has been

using, and he questioned whether this policy has been effective in reassuring that, in those non-conforming lots and existing development patterns, it gets them as far landward as possible.

Ms. Blazer stated that the Board had asked staff to further look at some sort of measure that could be considered with non-conforming size lots. She stated that staff always applies a 50 foot minimum for existing development and new development.

Commr. Swartz explained that the size of the house could have a big impact on the setbacks, and therefore, an individual would not be allowed to reduce, by certainly no more than the average setbacks, both on the wetland side, or the water side, and on the rear side.

Ms. Blazer explained that the County would not allow an individual to be substantially different than the setbacks that have already been applied across the Board in the neighborhood, but

Mr. Minkoff clarified that the Ordinance could allow this, because in a way, the Board would be trusting of staff's determination the way this is written, to be able to look at the application and to determine what is appropriate.

Commr. Swartz stated that, if staff looks at it and is not comfortable with it, an individual would have an option for a variance, or appeal. He questioned whether staff has been satisfied that the policy it has been using, that was adopted by the Board, has been working satisfactorily and whether staff has been able to provide the ability for people to develop without going through a variance process, with regard to the setbacks.

Mr. Minkoff stated that he was not sure that staff has been using the average setback method, so it would not be accurate to say that this Ordinance implements the current policy.

Mr. Minkoff noted a typographical error on Page 3, Line 4, which was a duplication and would need to be deleted.

Mr. Minkoff read the proposed Ordinance 1997-27, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER VI, RESOURCE PROTECTION STANDARDS; PROVIDING FOR THE AMENDMENT OF SECTION 6.02.00, SHORELINE PROTECTION, SECTION 6.02.01 PURPOSE, AND SECTION 6.02.02 DEVELOPMENT STANDARDS FOR SHORELINES; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Commr. Good opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Gerber made a motion, which was seconded by Commr. Hanson, to approve Ordinance 1997-27, as read by title only, with the deletion of wording noted by the County Attorney.

Under discussion, Commr. Cadwell stated that he would appreciate if the County Manager would contact DCA and let them know that the Board would appreciate a more timely response on these types of issues, as opposed to getting a letter on the day of the final hearing, when they have been involved in the entire process.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS

EDUCATION/COMMITTEES

Commr. Cadwell introduced Mr. Jim Myers, Chairman of the Parks and Recreation Advisory Board, who would be providing information regarding the Pilot Middle School After School Program.

Mr. Myers stated that, in January, 1997, the Board asked the Parks and Recreation Advisory Board to look into the recreational needs of the juvenile in Lake County, and the school age crime and problems that have been publicized over the last several months. He stated that four workshops were scheduled, in order to solicit comments from other County organizations, or departments, and their advisory boards, and the Parks and Recreation Advisory Board also solicited input from a lot of the recreational service providers in the County. Early in the process, it was determined that the Parks and Recreation Advisory Board needed to get a better understanding of some of the underlying problems and issues, to look at the programs that are presently offered that could assist in addressing these problems, and to recommend a plan to the Board. Mr. Myers stated that, as a group, they spoke with a representative of the Citizens' Commission for Children, the Lake County School Board, Juvenile Justice Services, Lake County Library Board, some of the cities that provide recreational services, the YMCA, the Boys and Girls Club of Lake and Sumter Counties, the Friends of South Lake, and other persons that were offering similar type programs. What startled the Parks and Recreation Advisory Board was the report about the quantity of juvenile crime cases that were reported a year ago, which indicated over 1,800 cases, and from some of the other surveys, it noted that a large percentage of these took place during the hours that were being proposed to provide some type of after school program. Using a survey that was performed by the Citizens' Commission for Children, the group identified some of the key issues as being the transportation of the children to and from the programs, and the cost of the programs to the children participating in them. The Parks and Recreation Advisory Board's recommendation to the Board was based on a provider that it felt could immediately provide and address both of these issues, and that was the Lake County School Board. There was representation from the School Board in the series of workshops and meetings. Initially the program would begin with a pilot program that would include three middle schools, as follows: Tavares Middle School, which currently has an afternoon program, to be expanded to include a program that would attract at-risk children; Groveland Middle School; and Eustis Middle School. Mr. Myers stated that the Parks and Recreation Advisory Board was recommending an amount not to exceed $270,000, for the three schools.

Commr. Gerber addressed the comment presented in the report for the 1997-98 School Year, which said that, with more women entering the workforce, we have kids joining gangs, and stated that she takes exception to this philosophy, and that it should say, with two-earner incomes becoming necessary to support the average family and the increase in single parent households, it has become necessary, etc.

Commr. Cadwell stated that four out of five years he has served on the Parks and Recreation Advisory Board, and during that time, many requests have been made of that Board. He wanted everyone to know that he sees the program as a recreation program. Commr. Cadwell reviewed the participation in the program and stated that the door could not have been open any wider for participation. He wanted the Board today to approve the concept of the pilot programs, for the Board to direct the County Manager to bring back the funding formula options, and for the Parks and Recreation Advisory Board staff and the Citizens' Commission for Children staff, along with the School Board staff, to develop performance standards and an actual agreement for the program, and bring all of this back for the Board's approval.

Commr. Hanson stated that she felt that this was a very progressive step in addressing some of the problems the County sees today. She noted that there had been discussion regarding better use of the buildings, because they were only being used about 50 percent of the time, and she wanted to see the afternoons incorporated as a community service.

Commr. Cadwell stated that, after the Board gets the performance standards done by staff, he would like them to go back to the Parks and Recreation Advisory Board and the Citizens' Commission for Children for their input and to sign off on the performance standards, before they come back to the Board. He stated that a survey also needed to be done with the students, because the students have to help sell the program. He explained that Lake County Transit may also get involved later with the transportation part of the program.

Commr. Good informed the Board that there would be a 12 noon luncheon for the students that were participating in Student Government Day, and the mock meeting would begin at 1:30 p.m.

Commr. Cadwell noted that Ms. Judy Borders, Community Education Dean to the Lake County School System, and Mr. Gary Nicholson, Principal at Tavares Middle School, were present for the discussion.

Ms. Borders addressed the Board and explained that a proposed plan was being presented that would be funded by the Commissioners that would allow students to participate in the program at a very nominal fee of five dollars a week, and to allow students to go to a choice of activities. A survey was being developed for the students, which would be a key factor in determining what the students wanted to do. Ms. Borders noted that she was able to get some information from Hillsborough County, which was running its program using State funds, and she distributed the information at this time. She noted that the parents of the students would also be surveyed, in order to determine their interest in the program.

Commr. Cadwell stated that the Parks and Recreation Advisory Board was going to continue to look at summer and spring breaks, and to look at grant monies, but he did not want the program to be purely dependent on a grant that might not be available the next year, and he wanted the Board to be committed to the program. Commr. Cadwell noted that some of the retirement community was in favor of the program and some questioned it, but if someone looked at this purely from a fiscal side, and if the County has to house juveniles at $200 to $300 a day in a juvenile justice facility, this program had to be cheaper.

Ms. Joan Brown, past Chairman and current member of the Citizens' Commission for Children, commended Commr. Cadwell and the Parks and Recreation Advisory Board for working on a prevention program for children rather than an incarceration program after they were already involved in juvenile delinquency, and also for their collaboration with the School Board. As a citizen, she was very much interested in providing help for children, and as the past Chairman of the Citizens' Commission for Children, she would like to see that the funds are used to help as many children as possible. Ms. Brown stated that she would like to know where the money was going to come from before the program was adopted, and she hoped the proposal would be presented to the Citizens' Commission for Children and its staff, so that they could have some input and suggestions before it was adopted. She was concerned about duplication of efforts, because the Commission had just gone through a request for proposals. There had been a request for funds from the School Board for the after school program, with some money being approved. There was also a request for a phase program at South Lake Middle School, which targets at-risk students and was similar to the program being proposed today. She had heard today that the program would include about 175 to 200 students, and it would cost $5 per week, which would include transportation. Ms. Brown stated that she was curious about the information that was used to choose the schools, and she wanted to make sure a survey was going to be done among parents and students to determine the activities that would be offered. She wanted to make sure that the Citizens' Commission for Children was very much involved, and she wondered if it would be possible if someone could come to the Commission's meeting tomorrow to present information again.

Commr. Cadwell stated that, by asking the Childrens' Commission for Children to have a representative sit through the process, he thought the representative would be reporting back to the Commission. He stated that the Parks and Recreation Advisory Board would be glad to come to the meeting tomorrow, and his motion would have the program going back to the Childrens' Commission for Children before its final approval by this Board.



Commr. Hanson felt that, rather than presenting the program to the Childrens' Commission for Children, at this point, the two groups could be combined.

Ms. Brown stated that she felt combining all of the members of the Childrens' Commission for Children with the Parks and Recreation Advisory Board would be an excellent idea, to be sure that everyone was being presented the same information.

Commr. Hanson stated that she feared that the dollars would come away from the Childrens' Commission for Children to help fund the program when really they should be tied together.

Commr. Cadwell explained that the program being proposed today was a recreation program.

Commr. Hanson stated that the program should be considered as a partnership between the two groups. She was supportive of Commr. Cadwell's program, but the Childrens' Commission for Children was set up to help be a clearing house to streamline and eliminate duplication and there was room to work together.

Commr. Swartz commended Commr. Cadwell, the Parks and Recreation Advisory Board, and others that had augmented the group to help look at this plan. He stated that this was a pro-active concept to try to reduce juvenile problems by having some type of pro-active way of helping kids, and not a detention facility. He commended them because they had taken the discussion of the issue from one concept and put it clearly on another track for the Board to consider. He asked that, when the Board approved a concept of the program, he hoped it would be a concept that would be going down a pro-active road, and it may include the type of program that was being shown today, but it was not necessarily approving today exactly the number of dollars being requested, or necessarily the programs and the three schools being suggested. If the Board could approve the program in a general concept, he would be supportive of going forward to do it, and to make sure that, by looking at it more carefully and whatever fine tuning is necessary gets accomplished before it starts down a road. The Childrens' Commission for Children has worked for five or six years now, and they have been looking very hard at childrens' programs, and this is a childrens' program, and the Board has funded them at the level of $155,000 for programs. Commr. Swartz stated that he would like to see everyone go away from here with a positive outcome that says we are going to look at this more, we agree with the overall direction of what it is that is being suggested, and lets make sure it spends the limited resources the County has in the most effective way to get at the kids that most need it.

Commr. Good commended the Parks and Recreation Advisory Committee on their efforts and stated that the detail this group brought forward somewhat exceeded what it needed to do to get the support of this Board. As everyone looks at the questions about State funding and the funding formula, he felt that more empowered discussions needed to be held and more people needed to be involved in them, because he had some specific concerns that he needed to see addressed before he voted on funding issues for the program. He had no trouble supporting the concept of the Middle School level, and he thought the after school hours were the hours that needed to be targeted according to the statistics. He was curious to see, and to have brought forward, the selection statistics that determined Eustis, Tavares and Groveland as the schools. He felt the program needed to be looked at and accessed together as a group to determine whether this was where the Board would get the most return for the dollars spent. Commr. Good stated that he would like to get clarification on the tutoring program and the grade average necessary for the program, as well as the ratio of cost sharing. He stated that, assuming the Board moves forward with a concept approval today, the funding formula needed to move outside of the public sector, because there was a real opportunity here for private sector participation.



Commr. Cadwell stated that the Parks and Recreation Advisory Committee definitely wanted to include the private sector, because he had hoped that the three programs, if that was what the Board approved today, were going to be so successful that the public outcry was going to be such that the Board was going to need to expand them. At that point, there would be three programs that were working and the Board could go to the business community, when they got ready to expand the program.

Commr. Hanson stated that the program does go beyond intramural and intrascholastic sports, because it goes into enrichment and therefore, it gets beyond parks and recreation.

Commr. Gerber stated that there was a middle school in Mount Dora, Umatilla, Clermont, and two in Leesburg, and Leesburg was not receiving any of these services. She compared this to a MSTU type situation and stated that, if the Board was going to do this beginning in August, and the Board was discussing concept, it was not going to get it started in August. If the Board was committed to doing this, which she was supportive of everything that has been discussed, it was going to have to look at future funding and doing it soon. It was noted that a cost of $88,000 had been estimated per school.

Commr. Hanson stated that the program being presented was exactly what the Childrens' Commission for Children was set up to do, whether in partnership with schools, or parks and recreation, or whoever else, because they were set up to help leverage the dollars to help prevent the problems with children and help them to become productive citizens in society. She stated that this was exactly what this program would do, and the figures were there, as far as where the worst problems were in the County, and the dollars would have to be prioritized as always. Commr. Hanson felt that the County was right on target on moving forward, and she commended Commr. Cadwell for bringing forward the proposal and getting the backing for it.

Commr. Cadwell made a motion, which was seconded by Commr. Swartz, for the Board to approve the concept of Middle School extended day programs; to direct the recreation staff and the Citizens' Commission for Children staff, along with the School Board, to set up performance standards, a proposed program content and agreement; and at the same time, to have the County Manager look at funding formulas for such a program.

Under discussion, Commr. Good stated that he would like to see the Board, as it worked toward the funding formula, etc., consider this in terms of a matching grant to be picked up by the public sector much in the way as the Historical Museum.

Commr. Cadwell stated that he would not like to make this as part of the motion, but he did want to say that the Parks and Recreation Advisory Committee had this discussion and understood that, if the program was going to be expanded like they wanted it to be expanded, it was going to take somebody other than all of us. He stated that, in the motion, once those performance standards were set up, and the staff was through, they go back to the Parks and Recreation Advisory Committee and also to the Citizens' Commission for Children, for comments and action before it comes back to the Board.

Commr. Swartz stated that he would like to see the type of information that shows what performance standards really work rather than just anecdotal comments.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.

RECESS & REASSEMBLY

At 12:08 p.m., the Chairman announced that the Board would recess until 1:30 p.m. for the Mock Student Board Meeting.

STUDENT GOVERNMENT DAY

At 1:30 p.m., the students that were selected from the surrounding County schools, to participate in Student Government Day, took part in a Mock Board Meeting.



OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Mr. John Cento, Planner II, addressed the Board to discuss the request for the Board to appoint members to the Evaluation and Appraisal Report (EAR) Advisory Committees. He noted that there was a minor correction to the memorandum that had been sent to the Board. Mr. Cento stated that the name Duane Erickson needed to be added to the Future Land Use Committee for consideration.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of W. A. Milton, Jr. to the Future Land Use Element Advisory Committee.

Commr. Cadwell noted that the Board would be getting more applications for the Economic Element Committee.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously by a 5-0 vote, the Board approved the appointment of Desmond Byrne to the Transportation Elements Advisory Committee.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Terrie C. Diesbourg to the Transportation Elements Advisory Committee.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of David A. Melvin to the Housing Element Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Elmer E. Webb to the Transportation Elements Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Duane "Lief" Erickson to the Intergovernmental Coordination Element Advisory Committee.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Joe Stephany to the Intergovernmental Coordination Element Advisory Committee.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of John L. Adams to the Economic Element Advisory Committee.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Audrey Reed to the Transportation Elements Advisory Committee.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the appointment of Sidney Taylor to the Transportation Elements Advisory Committee.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Jon A. Diesbourg to the Housing Element Advisory Committee.

REPORTS - COUNTY ATTORNEY

ACCOUNTS ALLOWED/DEEDS/TAX COLLECTOR

Mr. Sandy Minkoff, County Attorney, discussed the request for approval to retain counsel in Arizona to allow the County to collect delinquent taxes. Mr. Minkoff explained that previously he had reported that staff was working on looking at all of the old tax certificates that had been struck off to the County. He discovered that All Seasons Resort, Inc. had not paid their taxes in several years and there was approximately $600,000 that was due and owing. When staff explored filing an application for tax deed, they discovered a court order, which appointed a receiver for this

corporation and reports to have an injunction against anybody trying to collect debts. He would like to get relief from the court order, so that staff can proceed further and apply for a tax deed on the property.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to retain counsel in Arizona to allow the County to collect delinquent taxes.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

EDUCATION/IMPACT FEES

Commr. Hanson discussed school impact fees and the lack of ability for private schools to be exempted from school impact fees and questioned whether this was truly a legislative issue. She stated that the issue has not been addressed at this level, and there may be something that needs to go back to the Impact Fee Committee. She felt that there needed to be some equity between the public schools and private schools.

Mr. Sandy Minkoff, County Attorney, stated that there was a general Florida Statute that exempts public schools from all impact fees. The County has nothing in the road or fire impact fee which would provide an exemption for schools.

Commr. Hanson felt that this was something that the Board should review, because if the private schools were educating children the same as public schools, they should come under the same type of exemption.

Commr. Cadwell stated that the exemption comes from the State Legislature, but it is also the State's job to provide public education.

Commr. Hanson stated that she would like the Board look at the impact fee issue for schools, and to have the issue taken to the Impact Fee Committee.

Commr. Swartz stated that right now the Board has the ability to pay the fee, but not exempt the fee, and he did not feel that the Board had this ability, from a level playing field, because the level playing field would be a State exemption just like the public schools have today.

Mr. Minkoff stated that there were some counties, which have gone away from the rule, that says everybody has to pay, or somebody has to make it up. There have been some counties that have eliminated impact fees on commercial and industrial uses, for example, and only kept them on residential, but there has not been a court decision yet interpreting any of these provisions.

Commr. Hanson stated that she would like to have Commr. Gerber take this issue to the Impact Fee Committee and bring it back to the Board.

Commr. Swartz stated that the Impact Fee Committee needed to look at a whole host of options, or alternatives, because there may be private non-profit schools, or private for-profit schools, with Desisto being one example.

Commr. Hanson explained that her argument would be that the impact would be the same whether it was for-profit, or not for-profit.

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

COMMISSIONERS/LEGISLATURE/MISCELLANEOUS FUNCTIONS

Commr. Cadwell commended Commr. Gerber on the job she did chairing Lake County Day in Tallahassee.

Commr. Cadwell reminded the Board that this Thursday night (April 17, 1997) was the fund raiser for the March of Dimes. It would be a basketball game at Tavares Middle School at 7 p.m.

MISCELLANEOUS FUNCTIONS

It was clarified that the World's Greatest Baby Shower would be held at 6:30 p.m. tonight in Eustis; Thursday night at 6:30 p.m. at Jenkins Auditorium in Clermont; and April 24, 1997 at the Community Building in Leesburg.



REPORTS - COMMISSIONER HANSON - DISTRICT #4

Commr. Hanson reminded the Board that Saturday April 26, 1997, from 10 a.m. to 4 p.m. was the Camp Challenge hog roast fund raiser.

REPORTS - COMMISSIONER GOOD - CHAIRMAN AND DISTRICT #2

LEGISLATION

Commr. Good asked that all of the Commissioners stay informed on the Article V issue, as well as the Elm's nickel, which was the second local option gas tax.

RECESS & REASSEMBLY

At 3:23 p.m., the Chairman announced that the meeting would recess until 4:15 p.m.

STUDENT GOVERNMENT DAY

At 4:15 p.m., the Commr. Good reconvened the meeting and noted that Commr. Hanson and Commr. Gerber were present. Because the Board had completed its scheduled agenda, and there was no further business to be brought to the attention of the Board, the meeting adjourned at 4:30 p.m.



WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR\BOARDMIN\4-15-97\4-24-97