BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 14, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, April 14, 1998 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: G. Richard Swartz, Jr., Chairman (arriving at 9:20 a.m.); Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; William "Bill" H. Good, and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava K. Kronz, Director, Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Toni M. Riggs, Deputy Clerk.

Commr. Cadwell called the meeting to order and noted that Commr. Swartz would be arriving later in the morning.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, stated that she would like to add to the agenda, under her business, consideration of a School Board request to waive fairground use fees, and it will require a vote.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved to place the item from the School Board, as requested by Ms. Whittle, under her business for consideration.

Ms. Whittle noted that there were two corrections to be made to the agenda. She stated that, under Tab 18, the amount of the contract amendment for construction engineering and inspection services should be $145,000 instead of $131,900.00. She requested that Tab 21 regarding the execution of a contract between Lake County and Circuit City be rescheduled to next week's meeting.

On a motion by Commr. Hanson, seconded by Commr. Good and carried by a 4-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 18, as follows, with the correction to Tab 18:

Community Services

Request for execution of Satisfaction of Mortgage for Debora L. Jones, now known as Debora L. Silbernagel.

Community Services/Grants

Request for approval to participate in the 1998-99 Federal Anti-Drug Abuse Act grant program and execution of the Certification of Participation.

Contracts, Leases & Agreements/Economic Development

Request to approve execution of the Agreement between Lake County and First Capital Property Group, Inc. to defer payment of impact fees.

Accounts Allowed/Contracts, Leases & Agreements/County Buildings

Request to approve execution of final change order to Metric Constructors for an increase in scope of services for the renovation of the County Administration Building. Historical Courthouse and site work allowance in the amount of $159,088.

Resolutions/Roads-County & State

Request to approve execution of Resolution 1998-58 relating to posting speed limit signs in the Minneola area, on he following roads: Tower View Dr. (2-1734), Eagles Bluff Rd. (2-1736A), Crystal Ridge Ct. (2-1736B), Smokerise Ln. (2-1736C), Majestic Ct. (2-1736D), Spring Lake Dr. (2-1835), Rockwell Heights Ln. (2-1835D), Elderberry Ct. (2-1838A), Windsong Ct. (2-1838B), Kamalin Ct. (2-1838C), Sweetwater Ct. (2-1838D), Tequesta Tl. (2-1839), and Palisades Bv. (2-1736).

Resolutions/Roads-County & State

Request to approve Execution of Resolution 1998-59 accepting David Walker Drive (3-4756) into the County Road Maintenance System.

Contracts, Leases & Agreements/Water Authority

Request to approve execution of Interlocal Agreement between Lake County and the Lake County Water Authority relating to County Road 561A bridge replacement.

Accounts Allowed/Bonds/Contracts, Leases & Agreements/Subdivisions

Request to approve final plat for Greater Groves Phase 6 Subdivision, acceptance of a performance bond in the amount of $182,523.56, and approval and execution of Developer's Agreement for construction of improvements between Lake County and The Greater Construction Company - subdivision consists of 54 lots - Commission District 2.

Accounts Allowed/Contracts, Leases & Agreements/Resolutions

Request to approve acceptance of final plat for Hammock Grove Estates Subdivision, approval and acceptance of a letter of credit for maintenance in the amount of $16,200.00, execution of Developer's Agreement for maintenance of improvements between Lake County and Ralph D. Suggs & Camilla J. Suggs, and approval and execution of Resolution 1998-60 accepting Hammock Grove Road (2-2808) into the County Road Maintenance System.

Accounts Allowed/Bonds/Contracts, Leases & Agreements/Subdivisions

Request to approve acceptance of final plat for Greater Hills Phase 9 Subdivision, acceptance of maintenance bond in the amount of $19,480.10, approval and execution of Developer's Agreement for maintenance of improvements between Lake County and the Greater Construction Company, and approval and execution of a Resolution 1998-61 accepting Peppermill Trail "Part" (2-1456B) and Indian Ridge Trail "Part" (2-1458B) into the County Road Maintenance System.

Accounts Allowed/Subdivisions

Request to approve to release letter of credit for performance in the amount of $210,108.24 for Susan's Landing Phase 1 Subdivision.

Deeds/Rights-of-Way, Roads & Easements

Request to approve acceptance of six Drainage Easements, twelve Non-Exclusive Easement Deeds, five Statutory Warranty Deeds, and two Temporary Non-Exclusive Easement Deeds.

Contracts, Leases & Agreements/Clay Pits

Request to approve execution of a License Agreement between Lake County and Zellwin Farms Company, for ingress and egress across County owned Buckhill Clay Pit.

Rights-of-Way, Roads & Easements/County Property

Request to approve execution of Non-Exclusive Easement over County-owned property to provide access to property owned by Kenneth R. Whitmarsh for a golf course.

Solid Waste/Municipalities

Request to approve to accept contaminate free, chipped yard waste for recycling from municipalities and County Departments at no charge.

Accounts Allowed/Contracts, Leases & Agreements/County Roads

Request to approve to amend contract number RD-11-95 (RPS-2-5-11) with HNTB Corporation to provide for construction engineering and inspection services during the construction of bridge projects on County Roads 561 and 561A in an amount not to exceed $145,000.00. Funding will be from accounts #115.50056610.541.6800675 (Road Impact Fees, Benefit District 5) and #115.50056610.541.6800675 (Road Impact Fees, Benefit District 6).

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

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Good, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the Clerk of Courts' Consent Agenda, as follows:

Accounts Allowed

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

Contractor Bonds as follows:

New

1498-98 Rolf Anderson dba Anderson Electric (Electrical)

4753-98 L. Norman Adams Home Builders Inc. (General)

5603-98 Bowles Roofing (Roofing Contractor)

5604-98 Constructive Services of Central Florida Inc. (Residential Contractor)

5605-98 James Keene dba Keene Carpentry (Residential Contractor)

5605-99 James Keene dba Keene Carpentry (Residential Contractor)

5606-99 John W. Scott - Payne Air Conditioning & Heating, Inc.

(Air Conditioning and Heating)

5607-98 Robert Quinn Staker (Swimming Pool)

5608-98 John W. Scharnhorst, Jr. (Residential)

5609-98 James I. White/Intruder Detection Systems, Inc.

(Home Security Alarm Installer)

Cancellation

5309-97 CY Blue Plumbing, Inc.

Accounts Allowed/Courts-Judges

Request to approve and signature authorization on the following:

Satisfaction of Judgment, State of Florida vs. David Garrad Weisman, Case No. 92-547-CFB, in the amount of $250.00;

Satisfaction of Judgment, State of Florida vs. Cindy Lu Fuentes, Case No. 96-182CFA01 DS, in the amount of $250.00.

Accounts Allowed/Courts-Judges

Request to approve and signature authorization on Satisfaction of Judgment, State of Florida vs. Bernie Edward Box, Case No. 9300892CFA01, in the amount of $250.00.

Accounts Allowed/Courts-Judges

Request to approve and signature authorization on Satisfaction of Judgment, In the Interest of Paul F. Papineau, A Child, Case No. 88-1104-CJ & 88-1136-CJ, John and Delinda Papineau, in the amount of $50.00.

Accounts Allowed/County Property

Request to approve list of items to be deleted from Fixed Assets for the month of March 1998, in the amount of $18,301.75.

Accounts Allowed/Courts-Judges

Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending Feb. 28, 1998.

Disbursements made to Board: $160,528.37

Same period last year: $170,153.54

Utilities

Request to acknowledge receipt of the Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to James N. Johnson and All Other Interested Persons; Re: Docket No. 971245-TC, In Re: Cancellation by Florida Public Service Commission of Pay Telephone Certificate No. 212 Issued to James N. Johnson for violation of Rule 25-4.0161, F.A.C. Regulatory Assessment Fees. Notice is hereby given that a public hearing will be held on April 1, 1998, at 9:30 a.m., Room 148, and a prehearing will be held on March 25, 1998, at 9:30 a.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, FL.

Utilities

Request to acknowledge receipt of the Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to BellSouth BSE, Inc. And All Other Interested Persons; Re: Docket No. 971056-TX, In Re: Application for certificate to provide alternative local exchange telecommunications service by BellSouth BSE, Inc. Notice is hereby given that a public hearing will be held on April 27, 1998, at 9:30 a.m., Room 148; and a prehearing will be held on April 13, 1998, at 9:30 a.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, FL.

Accounts Allowed/Deeds

Request to acknowledge receipt of the unclaimed excess proceeds for tax deeds totaling $8,451.82.

Municipalities/Ordinances

Request to acknowledge receipt of Ordinance No. 98-06, from the City of Tavares, amending the boundaries of the City of Tavares, by annexing and rezoning approximately 1.0 acre, located northeast of the intersection of Merry Road and Dora Avenue, from Lake County R-6 to C-1; subject to the rules, regulations and obligations ordained by the City of Tavares Council; providing for an effective date; passed and ordained the 4th day of March, 1998, by the City Council of the City of Tavares.

Municipalities/Ordinances

Request to acknowledge receipt of City of Clermont Miscellaneous Ordinance No. 335-M, An Ordinance Under the Code of Ordinances of the City of Clermont, Lake County, Florida, Providing for the Annexation of a Certain Parcel of Land Contiguous to the Present City Boundaries, as described, passed and ordained by the City Council of the City of Clermont, Lake County, Florida, the 13th Day of January, 1998.

Audits/Education

Request to acknowledge receipt of the State of Florida Auditor General Report No. 13156, Operational Audit of the District Board of Trustees, Lake-Sumter Community College, for the Period July 1, 1996, Through June 30, 1997.

State Agencies

Request to acknowledge receipt of the Notice of Intent from the State of Florida Department of Transportation, Planning and Public Transportation; Re: Proposed Private Seaplane Base; Notice is hereby given that Lake Hiawassee Seaplane Base site approval will be issued on or after April 17, 1998, unless prior to April 17, 1998, cause is shown in writing to the Florida Department of Transportation, 5151 Adanson Street, Orlando, Florida, 32804, why such site approval should not be granted. If opposition to this site approval is received in writing prior to April 17, 1998, public notice is hereby given that a public meeting will be conducted on April 27, 1998, at 6:00 p.m., in the Conference Room at the Florida Department of Transportation, 5151 Adanson Street, Orlando, Florida.

Audits/Reports/Water Resources

Request to acknowledge receipt of the St. Johns River Water Management District Annual Financial Audit and Annual Local Government Financial Report for the year ended September 30, 1997, as prepared by Deloitte & Touche and accepted by the St. Johns River Water Management District Governing Board on February 11, 1998.

Contracts, Leases & Agreements/Municipalities/Insurance

Request to acknowledge receipt of the following:

Intergovernmental Cooperative Agreement and Affidavit between the Town of Lady Lake and Public Risk Management of Florida for the purpose of providing insurance through Public Risk Management of Florida in compliance with Florida Statute Section 163.01, the Florida Interlocal Cooperation Act of 1969. Passed by the Town Commission of the Town of Lady Lake on September 24, 1997.

Intergovernmental Cooperative Agreement and Affidavit between the City of Eustis and Public Risk Management of Florida for the purpose of providing insurance through Public Risk Management of Florida in compliance with Florida Statute Section 163.01, the Florida Interlocal Cooperation Act of 1969. Passed by the Town Commission of the City of Eustis on September 3, 1992.

Water Resources/Reports

Request to acknowledge receipt of the Southwest Florida Water Management District Comprehensive Annual Financial Report for the year ended September 30, 1997, and Annual Local Government Financial Report Fiscal Year 1996-1997.

Accounts Allowed/Budget Transfers

Budget Adjustments for FY 97/98.

A. Transfers:

1. Fund: Solid Waste Capital Projects

Department: Solid Waste Management

From: Improvements Other Than Buildings $30,000

To: Machinery and Equipment $30,000

Transfer #: 98-157

Justification: Additional tanker trailers are needed to increase the efficiency of transporting leachate to disposal site by County personnel.

2. Fund: General

Department: Non Departmental

From: Contingency $18,000

To: Other Current Charges $18,000

Transfer #: 98-158

Justification: On November 4, 1997, the BCC approved the County Attorney's request for Applications for Tax Deeds, by the County, on all parcels except homestead, on property valued greater than $5,000. Funds are needed to cover the Clerk's fee, Sheriff's fee and the cost of the certified mailings.

3. Fund: General

Department: Constitutional Officer/Sheriff

From: Contingency/Sheriff $10,000

To: Transfer/Law Operating $10,000

Transfer #: 98-159

Justification: Pursuant to F.S. 30.49, the Sheriff is requesting $10,000 be transferred from Contingency to Law Operating.

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

PERSONAL APPEARANCES

EMPLOYEE AWARDS

Presentation of Certificate of Employee with One Year of Service

Janet De St. Croix, Right-of-Way Graphics Technician, Public Works, Engineering Division

Presentation of Certificate to Employees with Three Years of Service

Lora L. Bailey, Special Services Division Director, Public Works, Special Services Division, Director's Office, Support Services

Jenny A. Jones, Records Management Technician, Community Services, Library Services Division, Records Management

Presentation of Plaques to Employees with Five Years of Service

John W. Heffler, Maintenance Worker II, Agricultural Education Services, Cooperative Extension Services

Melinda M. Hogan, Adjunct Extension, Agricultural Education Services, Cooperative Extension Services

Gerald Langsdorf, Traffic Data Technician, Public Works, Engineering Division

Roxanna Leach, Animal Control Technician, Fire and Emergency Services, Special Services Division, Animal Shelter

Susan Michaelsen, Executive Secretary, Administrative Support

Lourdes Montero, Secretary III, Growth Management, Building Services, Main Office

Presentation of Plaque to Employee with Ten Years of Service

Allison H. Thall, Human Services, Community Services, Human Services Division, Administration

Presentation of Plaque to Retiring County Employee

Doris M. Taylor, Extension Agent IV, Agricultural Education Service, Cooperative Extension Service - Twenty Five Years, Three Months

PRESENTATION

Commr. Cadwell made the Presentation of Resolution expressing congratulations to the top high school football players in Central Florida recognized at the All-Central Florida Awards Banquet:

Aaron Masitis, Mt. Dora High School

Billy Attix, Umatilla High School

Cody Loughlin, South Lake High School

Seth O'Hara, Leesburg High School

Andre Lewis, South Lake High School

Levi Duncan, Eustis High School

Beau Austin, Eustis High School

Aaron Parks, Eustis High School

PRESENTATION

Commr. Cadwell presented the Resolution expressing appreciation and gratitude to both Mack Concrete and Greg Liskey for the unselfish donation of his time and materials for the betterment of the community during the Montverde Dam collapse on November 27, 1997, to Mr. Jim Stivender, Senior Director of Public Works, who accepted it on behalf of Mr. Mack and Mr. Liskey.

PUBLIC HEARINGS

ORDINANCES/TAX COLLECTOR

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1998-29, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 13, ARTICLE IV, OF THE LAKE COUNTY CODE BY ADDING SECTION 13-80, REPAYMENT OF FUNDS PAID TO TAX COLLECTOR IN ERROR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.

Commr. Cadwell 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.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved Ordinance 1998-29, as read by title only.

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

PUBLIC HEARING

ORDINANCES/TAXES

Commr. Cadwell noted that the public hearing on the Ordinance creating Chapter 13, Article II regarding the Five-cent Local Option Gas Tax would be postponed for a few minutes.

FACILITIES & CAPITAL IMPROVEMENTS/PERSONNEL

Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, addressed the Board to discuss the request for approval of acceptance of United State Service Industries (USSI) termination letter and approval to use Snelling Temporary Personnel Services. He stated that USSI has notified the County that it can no longer provide the service for the contract amount. In December, their service was extended for six months, with certain provisions. A letter was received from USSI in March giving the County an ultimatum to pay more money for the same services, or it would have to terminate the contract and give the County a 30 day notice. Mr. Anderson stated that, after consulting with the County Attorney, it was noted that this condition could be met within the agreement. He stated that the County has been unsatisfied with the service, and it was now in a position where it can use temporary labor to fulfill the contract duties for the remainder of the fiscal year.

COMMISSIONERS

At 9:23 a.m., it was noted that Commr. Swartz had arrived for the meeting.

FACILITIES & CAPITAL IMPROVEMENTS/PERSONNEL (CONTINUED)

Mr. Anderson stated that Purchasing will be putting together a request for proposal (RFP) for contract services for the areas that have been serviced by USSI. He stated that a RFP will be prepared for the upcoming budget year for a new service contract, and the County will submit a price to provide custodial services for the Tavares facilities.

Commr. Hanson stated that this was one of the County's first efforts at privatization and contracting for services, and she questioned whether this has not been successful, because it is this particular company, or it would not be successful with any company.

Mr. Anderson stated that he did not feel that the County has the control over a contract service for this type of work. He stated that other counties that have gone to the private sector have had similar experiences, but he did feel that, if the County could get the right company in place with the right supervision, it could work, and that was why a RFP was being prepared. He explained that there was not enough time to bid this out, so temporary labor would be used for the rest of the year. Mr. Anderson stated that staff would like to submit a proposal, along with the private sector, when it comes to service for the next budget year, because he did feel that it can demonstrate, from a cost standpoint, that they can provide the service at a competitive price.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved to accept the termination letter from United States Service Industries (USSI), and to approve to use Snelling Temporary Personnel Service, as recommended by staff.

PUBLIC HEARING

ORDINANCES/TAXES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1998-30, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING CHAPTER 13, ARTICLE II, OF THE LAKE COUNTY CODE BY ADDING SECTION 13-30, LEVY OF ADDITIONAL FIVE-CENT LOCAL OPTION GAS TAX AS ALLOWED BY FLORIDA STATUTES 336.025; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.

Mr. Minkoff noted that the proposed Ordinance would require a vote of four of the members of the Board, in order for it to be effective.

Mr. Jim Stivender, Senior Director of Public Works, noted that he had presented backup information regarding the history of what has occurred during the last few years on this issue and stated that today staff would be discussing the gas tax under the formula that is being used for the capital transportation expenditures. In January, 1998, the Board approved Comprehensive Plan amendments to include $15 million of road projects, $5 million for resurfacing and $10 million for widening and resurfacing jobs. At the February, 1998, Board Advance Meeting, the Board directed staff and the County Attorney to bring this forward in a form for the Board to make a decision on the Five Cent Option Gas Tax. Mr. Stivender stated that the second page of information includes the Transportation Expenditures for 5 Years for FY 91/92 Thru FY 95/96. He noted that three percent more of the money was going to the cities than what had been originally discussed a few months ago.

Commr. Gerber noted that, on March 19, 1998, the Impact Fee Evaluation Review Committee voted to support the adoption of the five-cent local option gas tax; however, there was discussion at the meeting in regards to the gas tax credit for impact fees, and it was determined by the Committee members that this may possibly prompt the re-working of that part of the Impact Fee Ordinance, in order to give proper credit for the new gas tax.

Mr. Sandy Minkoff, County Attorney, explained that the County could easily identify the amount of credit that was done under the calculations and substitute the additional funds, or it could elect to go through and restudy the entire methodology. In the existing study, if the County could isolate this particular credit from this revenue, it could substitute the new money in there and run the numbers again. He stated that the County could restudy and develop a new methodology.

Commr. Swartz explained that the gas tax was not intended to be for new roads, but to be used primarily to maintain the existing road system, which is resurfacing, widening as necessary, for stormwater purposes, not only with the resurfacing of existing roads, but also for any road related stormwater issues. He stated that this may or may not impact the formula for the impact fee.

Mr. Minkoff noted that all of these funds would qualify, because all of these funds are required to be used for adding capacity, and no resurfacing is allowed.

Mr. Stivender stated that some of the $2.5 million that was allocated for capital improvements for these types of road projects would be utilized for other transportation expenditures not allowed under the five cents, and this would allow the five cents to be used for their specific purpose, which would be capital improvements.

Commr. Gerber explained that the Committee wants to know that the credit is going to be available based on the amount of gas tax they are paying.

Mr. Stivender stated that, if the Board chooses not to approve the request, in order to balance the budget for this year, the County will have to cut $1 million out of the capital plan. He further stated that special assessments would be one area that would have to be delayed. He stated that staff already has proposed cuts in this portion of the budget, which almost cuts it in half from last year, on top of the regular road program.

Commr. Swartz opened the public hearing portion of the meeting and called for public comment.

Ms. Mary Ludwig, Deputy to the Mayor of the City of Minneola, stated that the League of Cities has been working on this issue continually. She stated that Minneola's concern is the formula, and she was here today to observe the outcome of this Ordinance.

Mr. Robert Moore, City Councilman in Tavares, stated that he was here today representing the Lake County League of Cities who voted on Friday to oppose the implementation of any additional gas tax on the citizens of Lake County based on several premises, as follows: 1) it would be an economic hardship on the economic life of Lake County; and 2) they believe that the current six cents is not being fairly distributed and this needs to be corrected before approving an additional gas tax. Mr. Moore explained that most of the cities, and certainly the larger cities, have to supplement, from their General Fund, the revenues that they currently receive from the current six cents of gas tax. The County is getting the larger share, and a fair distribution would put them all on a level playing field. He stated that they were seeking a fair and equitable distribution methodology and an additional burden should not be put on the taxpayers until that is rectified. He pointed out that the road impact fees, which are generated in the cities, are transferred to the County, the County being the only entity who can spend transportation impact fees, and then the County spends those dollars, includes them in the expenditure totals, and this skews the entire formula by approximately $8 million toward the County. They still feel that these road impact fees should not be included for the purpose of any gas tax distribution. He stated that impact fees are generated to handle growth; gas tax monies are generated to maintain current roads and to improve the current road system.

Commr. Cadwell stated that he supported the League's position on the formula, and he thought it was wrong, at that time, that the two issues were being combined, and he feels that the League is wrong by doing that now. He understands the League's position, but he is going to support the Ordinance despite the League's objection, and he would still like the formula to be readdressed at some point. He stated that, if the equity question was not there today, he was convinced that the cities would be here supporting it.

Commr. Swartz stated that the cities came and asked for a different distribution of the money, because they felt they needed more money.

Mr. Moore explained that the fair and equity issue is an important one to give the public the necessary confidence in the system that, when they pay their gas tax dollars, it is going fairly to the various entities, which are charged with the responsibility of maintaining the road network for their use.

Commr. Hanson pointed out that, in regard to the use of the impact fees, they are used primarily in and around the cities, and the outlying areas of the County do not receive this benefit, and because of this, the properties will then be annexed by the cities, so this has to come in as some sort of offset for Mr. Moore's equity issue.

Commr. Good addressed the issue of economic hardship and stated that the real equity issue is not an equity issue between governmental entities, but an equity issue on the impact of peoples' everyday lives in the everyday real world.

Mr. Ricardo Beltran, Howey-in-the-Hills, stated that he was in favor of any kind of an increase, because of the increase in the people and the growth in the County, but he was concerned that the money was not going to be available for new roads. He had talked to the some of the Board members about Dewey Robbins Road and stated that he was here to make sure some of this money is used for new roads. Mr. Beltran stated that he works in Orange County, but his business is being transferred to Lake County. He is buying gas in Lake County, and he is in favor of the tax, but he felt that some of the money should go to new roads.

Mr. Stivender stated that, in regards to Dewey Robbins Road, the consultant is at 30-40% design on the 2 1/2 mile segment from SR 19 west. A couple of years ago, the funding source was transferred from gas tax to impact fees, because it is a collector road from SR 19 to US 27. This will expedite the job even though there is a tightness in the funds in this benefit district, at this time, and these funds will not show up until 1999.

Mr. Beltran stated that the road is six miles long, and he is concerned about the area where the bus picks up the children for school, and where the emergency vehicles have to travel. He questioned why some of the gas tax money was not going to new roads.

Commr. Swartz explained that there is new growth occurring in areas where there is no infrastructure planned or provided, and for the most part, the County is not approving development in areas that are 2 1/2 miles from anything.

Commr. Swartz called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Good stated that he is opposed to the gas tax, and it is the equity issue on the gas tax that needs to be debated. Before the impact fee, rural residents paid to build nice roads in the cities, with the help of the County, and the rural residents' pocket money has been drained so there could be this new development in previous years. He felt it would be adding insult to injury to tax again the rural residents that are making the long drives, and to do road maintenance on roads they have already paid to build while the new residents are coming into the County and paying a little more gas tax. He feels that this is a tax that beats the fixed income person to death, beats the low income person, and the young person that is starting out today, and it is not a fair way to tax.

Commr. Hanson stated that, if the County was to supplement the gas tax with General Revenue funds, this might be another way of leveling the playing field.

Commr. Swartz stated that he would not tie too much hope to the possibility of supplementing gas tax with General Revenue funds, because if the Board used General Revenue ad valorem tax funds, there would be the question of double taxation.

Commr. Hanson stated that she was concerned that the dollars will go to new roads, and she has more rural roads that are non-County maintained than any of the other districts. She stated that she was looking at the priorities in Lake County, and there is never enough dollars for the roads that are needed. She has been supportive of the increased gas tax for the roads, but because of the fire issue, she felt that the Board was looking at a prioritization of needs, which would be public safety versus roads, and therefore, she was not going to vote for it at this time.

Mr. Stivender explained that the current gas tax goes to supplement special assessments, the sidewalk program, stormwater program, and paving of clay roads, and approximately $400,000 goes to resurfacing roads. The immediate plan would be to pull the $400,000 and make it available for other programs, and then the resurfacing would be entirely out of these new pennies. Other widening and resurfacing projects would also be pulled out and be used in this money as a maintenance capital program, and therefore, the County will have freed money for these special assessments or other programs in rural areas that are not funded at this time.

Commr. Gerber stated that she was concerned about the older roads that need stormwater improvements, and whether the County has those dollars to resurface this year or next year is not as important to her as getting the stormwater improvements done. She discussed the figure of $776,000 per year, which each penny would raise, and the possibility of the County raising it a penny a year for five years, because this would not be such an economic hardship on people, if they pay a penny a year a gallon for five years.

Commr. Hanson stated that her big concern, at this point, is the level of service for fire protection. She realizes that the money is not coming out of the same fund, but it is still coming out of the taxpayers' pockets, and it does not mean that she will not look at it again in the future, but right now, she feels the Board's focus needs to be on fire protection.

Commr. Swartz stated that he supported the tax because, as the County reconstructs, or builds new roads, it would be able to deal with stormwater. He has come to the conclusion that a stormwater utility is not a practical solution in Lake County, because it will not raise enough money to actually do any type of the retrofitting to do these types of things, and secondly, most all of the stormwater issues are related to the roads, and he felt that this was one way to fund stormwater improvements. He felt that all of the members have agreed that, after looking at the numbers, there was not enough money to fund the existing road system. Commr. Swartz stated that, if there is not support on this Board that has been expressed in meetings that led up to this, then there was not reason to continue, but if there was a position that could be supported, such as the one presented by Commr. Gerber, it would be a step forward, and it would be money that could be used in the year 2000.

Commr. Good stated that this does not change the fact that this is an unequitable way to tax the citizens of Lake County, and it should be opposed.

Commr. Cadwell made a motion to approve Ordinance 1998-30 creating Chapter 13, Article II, of the Lake County Code by adding Section 13-30, Levy of additional Five-cent Local Option Gas Tax, as read by title only.

The motion failed for the lack of a second.

Commr. Swartz hoped that the Board would come back with a new revenue source that is acceptable, or at a time that a new revenue source is acceptable.

CITIZEN QUESTION AND COMMENT PERIOD

Rezoning

Mr. Cecelia Bonifay, Attorney with Akerman, Senterfitt & Eidson, stated that she was here before the Board as a citizen of Orange County and doing business in Lake County and also representing businesses in Lake County who employ an number of people who reside in Lake County, and she wanted to bring to the Board an issue of a request for rehearing that she filed with Lake County several weeks ago on the Tarmac/Center Lake Properties application for a sand mine expansion, and for an autoclave factory for TruStone. Ms. Bonifay stated that they have gotten a reallocation of industrial revenue bond money, and they have another 90 day period of time for the TruStone facility. She has never received a response to her request from the County. She did receive a letter from a staff person, which was not a legal response, but it was a letter indicating a tie vote, and the County Attorney said it was a denial. Ms. Bonifay stated that she supplied the County with additional information wherein they feel that this was not correct, because there are no written procedures for making that determination.

Mr. Sandy Minkoff, County Attorney, stated that there are no procedures in the Land Development Regulations (LDRs) which would allow for rehearing. He explained that the applicant can come back and request that the one year period for refiling be waived, which would take a vote of the Board. Mr. Minkoff stated that, at the last meeting, the Board was informed that he, along with Ms. Sue Whittle, County Manager, and Ms. Sharon Farrell, Senior Director of Growth Management, were going to meet and try and formulate a response to the request for rehearing, but there are no proceedings in the LDRs that would allow it. Mr. Minkoff stated that Ms. Bonifay is aware of this and she is aware of the appeal process. He stated that it would have to come back to the Board in a quasi-judicial hearing where all of the parties were there including the opposition and the attorneys. Mr. Minkoff stated that there is a provision in the LDRs which allows an applicant to come back when denied and request that the one year period for rehearing be waived, and it would come through as a normal zoning application, which Ms. Bonifay did not file in this case.

Ms. Bonifay stated that, since the LDRs are not very clear, and staff was still meeting to try and decide on a response to her request, she would proffer that, although there is no procedure for rehearing, there is no procedure in the County's Code to deny an application on a tie vote either, and therefore, she was here to ask for two procedural issues.

Commr. Hanson was concerned with the process where someone would have to apply and pay the fees again not knowing if he was going to be heard or not. She felt there should be something in the policy to address denials.

Mr. Minkoff explained that, in this particular case, the law is clear and there is a remedy for Ms. Bonifay's client, if she feels the Board acted improperly, or should not have denied the rezoning.

Ms. Bonifay stated that she understood that there was judicial review, and in some of these cases, she was hoping to save the taxpayers and her client money, so that everything in Lake County does not end up in Circuit Court. She stated that this was why they approached the Board in such a manner in trying to get a procedural remedy rather than a judicial remedy, and she certainly understood that this could be their alternative in the future.

Fire & Emergency Services

Mr. Richard Gander addressed the Board to discuss the newly proposed plan for fire service and stated that he had a booklet entitled "Privatizing Emergency Medical Services - How Cities Can Cut Costs and Save Lives", which he wanted the Board to review.

Commr. Swartz directed Mr. Gander to make copies of the booklet and present them to the Board Office to be distributed to the members for review.

Fire & Emergency Services

Mr. Phillip Shinn, President of the Local 3169 Professional Firefighters of Marion County, appeared before the Board to request time on the agenda for the April 21, 1998 Board meeting.

Commr. Swartz explained that the agenda has already been prepared for the April 21, 1998 meeting, and there are time lines for requesting a time to be on the agenda. He explained that there will be a workshop regarding the fire issue on that date; a presentation will be made by the Chairman of the Fire Advisory Board, in response to the Board's request for their review; there will be a presentation by the consultant that was hired to review the fire issues; and there will be a presentation by staff in response to the Board's request to evaluate the Fire Advisory Board's recommendation and the Florida Regional proposal.

Mr. Shinn stated that he was requesting time on the agenda to present a proposal that would be an alternative to Florida Regional or Florida Hospital Waterman.

Discussion occurred regarding the deadline for the agenda, with Commr. Hanson suggesting that an addendum be prepared to the agenda for April 21, 1998. She and Commr. Gerber agreed that the alternatives and options needed to be heard.

Commr. Swartz explained that it will not be during the workshops that the Board will be hearing the alternatives and options, because the workshop is to consider the questions that this Board had asked to have considered and brought back to the Board.

Commr. Cadwell stated that the Board may make a decision on the issue after hearing the scheduled presentations, and there will be no need to hear further proposals.

Mr. Shinn stated that the proposal he would like to present is an analytical review of current service levels, projected service levels, potential service levels, current costs, and projected costs. He stated that this is a professionally prepared presentation, which may have cost $75,000 to $100,000 in the private sector, and it has been detailed and thoroughly prepared given the data that has been provided by staff. He noted that the information was readily available to the public.

Commr. Swartz stated that, if Mr. Shinn has a proposal, it should be submitted to the Board for review. He agreed with Commr. Cadwell that, at the end of, or some time during, the workshop next Tuesday, the Board may give further direction one way, or the other, and if the Board goes in the direction, which would be to not include any consideration of Florida Hospital/Florida Regional proposal, then the Board will be looking at whatever group or series of plans that they may want to consider.

Mr. Shinn explained that he was not wanting to replace the Florida Hospital Waterman presentation, and he has no problem bringing copies of the proposal to the Board ahead of time.

RECESS & REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would recess for ten minutes.

CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director of Growth Management, was present to discuss the request for approval of the Settlement Agreement between Lake County, Ideal Development Company and David Wall. Ms. Farrell stated that this particular piece of property is in a rural land use and dates back to 1989. There was a preliminary plat approved and some construction plans, and it has been an ongoing process since that date. There was a vested rights determination in 1994 and in 1997, and the County and the developer had agreed to develop the project with either conventional construction or mobile homes; to dedicate, as conservation open space, a 200 foot zone of exclusion around the existing well; to redesign for a connection to Felkins Road and dedicate 18,500 square feet of active recreation area; and to provide for a buffer along Felkins Road. She stated that Phase II will not exceed 71 lots, for a total of 116 lots in the project. Ms. Farrell stated that this will allow them to finish Phase II. Ms. Farrell stated that staff believes there has been good faith actions on their part, and it is comfortable with the total number of lots, and they will be coming back with some re-engineering plans.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Settlement Agreement between Lake County, Ideal Development Company and David Wall.

ACCOUNTS ALLOWED/PUBLIC WORKS

Mr. Jim Stivender, Senior Director of Public Works, introduced Mr. Stewart Buchanan, Alternate Transportation Specialist, who is a new employee with the County. Mr. Stivender stated that Mr. Buchanan has put together previous information, in order to present the proposed five year Sidewalk Improvement Plan for 1999 - 2003, in the amount of $100,000 annually. He noted that the information has been provided to the Pedestrian Advisory Committee. In August, it will be shown as a factor in the capital improvement plan.

Mr. Buchanan stated that, in the past, there had been an inequity in the funding, and the five year plan will bring an equitable solution to the funding throughout the five commission districts.

Commr. Cadwell made a motion, which was seconded by Commr. Good, to approve the proposed five year Sidewalk Improvement Plan for 1999 - 2003, in the amount of $100,000 annually.

Under discussion, Mr. Stivender stated that this is not only a capital improvement plan, but it is an inventory plan, which identifies sidewalks that the County is building or maintaining that are not on the list and have not been part of the program.

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

COMMITTEES/RESOLUTIONS/PUBLIC WORKS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request for approval and execution of a Resolution establishing the Lake County 2020 Long-Range Transportation Plan and Transit Development Plan Citizen Advisory Committee, in order to provide citizen involvement.

Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to approve Resolution 1998-62, as stated above.

Under discussion, Commr. Swartz noted that this was going to be a difficult citizen assignment, because they are going to be dealing with some complex issues, and it will be very important to pick people who have interest in this area and want to devote some time.

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

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request for approval of the addition of the eastern extension of North Ridge Boulevard to the County Road Impact Fee Program.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the addition of the eastern extension of North Ridge Boulevard to the County Road Impact Fee Program for Benefit District 5 and approved the execution of the Agreement between Lake County and Jaymark Builders and Developers, Inc., relating to the E. Jacks Lake Road extension and North Ridge Boulevard extension, with an estimated cost in the amount of $583,178.00.

Mr. Stivender presented a brief update on the progress of Big Prairie Road.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

SUBDIVISIONS/PUBLIC WORKS

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request for acceptance of Final Plat for The Landings at Harbor Hills Subdivision.

OTHER BUSINESS