A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 9, 1991

The Lake County Board of County Commissioners met in regular session on Tuesday, April 9, 1991, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Donald B. Bailey, Chairman; C. W. "Chick" Gregg; Richard Swartz; Catherine Hanson; and Michael J. Bakich. Others present were: Annette Star Lustgarten, County Attorney; Alan A. Thelen, County Manager; Ava Kronz, Assistant to the County Manager; James C. Watkins, Clerk; Robert K. McKee, Chief Deputy Clerk; and Marlene Foran, Deputy Clerk.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Swartz.

MINUTES

Discussion occurred regarding the Minutes of March 18, 1991 (Special Meeting), with Commr Bakich requesting that clarification be made on Page 3, Line 32 - 34.

Commr. Bailey requested a correction be made on Page 4, Line 3, deleting the word "bank" and inserting "bang", and Commr. Swartz requested a correction on Page 9, Line 32, inserting "the" before years and changing "years" to "year".

On a motion by Commr. Swartz, seconded by Commr. Bakich and carried unanimously, the Board approved the Special Minutes of March 18, 1991, as amended.

Discussion occurred regarding the Minutes of March 19, 1991 (Regular Meeting), with clarification being made on Page 8, Line 9; Page 9, Line 3; and Page 14, Line 4, and with the following changes being made:

Page 14, Line 1 - change District "3" to District "4".

Line 11 - change District "4" to District "3".

Page 18, Line 16 - change "Vicki" to "Nikki".

Page 26, Line 2 - delete "Attorney".



On a motion by Commr. Hanson, seconded by Commr. Gregg and carried unanimously, the Board approved the Regular Minutes of March 19, 1991, as amended.

CONSTITUTIONAL OFFICERS

CLERK OF COURT'S CONSENT AGENDA

On a motion by Commr. Gregg, seconded by Commr. Hanson and carried unanimously, the Board approved the following requests:

Accounts Allowed

Request for payment of Warrant No. 133560 through Warrant No. 133862, for the following accounts:



Pasco Fire District County Transportation Trust

Paisley Fire District South Lake Fire District

Revenue Sharing General Revenue

Private Industry Council Countywide Fire District

Landfills Animal Shelter Trust Fund

Aquatic Weed Mosquito Control

Capital Outlay Northwest Fire District

Mt. Plymouth Fire District Countywide Library

Resort & Development Fund Tax Commissary Trust Fund

Miscellaneous/Gas Fund Emergency 911 Fund

Section 8 Bassville Fire District

Road Impact



Resolutions/Municipalities/Clerk



Request to acknowledge receipt of City of Eustis Resolution 91-11, designating the City of Eustis as a Project Appreciation Community in recognition and support of the men and women from Lake County, who have served their country in the armed forces, as a part of Operation Desert Storm.



Accounts Allowed/Budget Transfers/Clerk/Commissioners

Tax Collector



Request to acknowledge receipt of Tax Deed Overbids, pursuant to Section 197.473, Florida Statutes, for unclaimed excess proceeds due landowners on applications for tax deeds, and approve transfer of funds, in the amount of $4,282.77, from the Clerk's Account to the Board of County Commissioners' Account.



CLERK/COMMITTEES

Commr. Hanson brought to the attention of the Board three requests regarding Project Appreciation supporting the men and women from Lake County, who have served their country in the armed forces, as a part of Operation Desert Storm.

At this time, Commr. Hanson requested the Board's approval to hold a reception at the Courthouse on May 17, 1991, from 7:00 p.m. to 9:00 p.m., with the Board of County Commissioners acting as host.

Mr. Watkins reviewed the weekend's events, stating a reception has been scheduled on Friday evening, May 17, 1991, and there will be a parade scheduled on Saturday, May 18, 1991, with activities in Wooten Park. Mr. Watkins stated that the local churches will also be participating in religious services during the weekend, recognizing the return of the men and women who have participated in Operation Desert Storm.

Discussion occurred regarding the possibility of proclaiming the week preceding May 17, 1991, as "Yellow Ribbon Week". No action was taken on this issue.

Mr. Watkins stated that the Project Appreciation Committee would like to establish a memorial, highlighting Operation Desert Storm, but recognizing all of the services in all of the wars that have been fought for our Country. Mr. Watkins stated that the Committee would like permission to erect the memorial on a site located within the Criminal Justice Complex.

Mr. Watkins requested the Board's approval for an appropriate location on the Court facility grounds for the memorial, and requested permission to work with the architects, and those involved in the construction of the Criminal Courts Building, in designing the memorial.

It was the consensus of the Board to give approval for the Project Appreciation Committee to work with the architects regarding the design of a memorial, at which time the Board requested the Committee return with a recommendation for an appropriate site for the memorial. The Board also consented to act as host at the reception, on May 17, 1991, and at the parade on May 18, 1991.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Bakich, seconded by Commr. Greg and carried unanimously, the Board approved the following requests:

Bids/Budgets



Request for approval of specifications, quotes, encumbering funds previously authorized, payments to be made and other services that do not require bids or quotes.

(1) Specifications:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners prior to bidding.




DEPARTMENT/DIVISION




DESCRIPTION OF ITEM
BUDGETED

AMOUNT

(1) BCC -

Administrative

Services

Request approval of an RFP for property appraisal services to include County buildings and contents for insurance purposes. est $ 15,000.00
(2) Award Bid and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) All Departments Masters Communication.

Two-way radio maintenance for 18 months.

Bid # 046-958-091.

$ 25,184.71
(2) Public Works Ringhaver Equipment Co.

Catapillar D7 H DS WDA.

Bid # 030-070-091.

$244,097.00
(3) Quotes:
All goods or services from $1,000 to $5,999 require written quotes (Department Heads authorized up to $1,000 for approval in accordance with current procedures adopted by the Board and authorized by County Manager).



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections Genisys Corp.

ADC-286-12 PC and printer.

$ 1,585.95
(2) Public Works -

Road Operations

Altoona Station.

Fence materials for Astatula landfill.

$ 1,864.42
(3) Health and

General Svcs

Roger Facemire.

Replace roof on Station 91.

$ 2,300.00
(4) Encumber Funds Previously Authorized:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Environmental

Services -

Solid and

Hazardous Waste

Industrial Waste Service Inc.

Drop-off center collection supplemental to increase Purchase Order #63555.

$ 1,350.00

$162,889.00

(p.o. total)

(2) Public Works -

Road Operations

Florida Crushed Stone.

3/8" and 5/8" rock.

County Bid #048-750-091.

$ 4,072.50
(5) Approve Other Payments and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) Health and

General Svcs -

E 9-1-1

Computer Power Inc.

Batteries for UPS system. Factory warranty.

$ 1,005.84
(2) Public Works Goodyear Auto.

Tires for stock.

State Contract #863-000-90-1.

$ 3,258.08
(3) Public Works -

Road Operations

E.A. Mariani Asphalt.

Tanker of RC-70.

$ 5,800.00
(6) Approve Services That Do Not Require Bid or Quotes and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF

ITEM



AMOUNT
(1) BCC -

Administrative

Services -

Risk Management

Arthur J. Gallagher.

Cigna package endorsement excess property.

$ 1,082.00
(2) Health and General Svcs -

EMS

John L. Geeslin M.D.

EMT-D recertification for fire/rescue.

$ 1,800.00
(3) Health and

General Svcs -

Astatula Fire

Department.

Astatula Fire Department.

Approval to pay truck payment from contractual services account.

$ 3,418.21
(8) Chairman's Signature and Encumber Funds:



DEPARTMENT/DIVISION
VENDOR DESCRIPTION OF

ITEM



AMOUNT
(1) BCC - County

Attorney

Intel-I-Comp Inc.

Maintenance agreement effective April 1, 1991 thru September 30, 1991 for (2) H.P. printers.

$ 300.00
(10) Approve Contracts and Amendments:
The current purchasing policy requires that all specifications be approved by the Board of County Commissioners prior to bidding.



DEPARTMENT/DIVISION
VENDOR DESCRIPTION OF

ITEM



AMOUNT
(1) Environmental

Svcs - Recycling

Request to renew curbside recycling collection contract with Industrial Waste Service and to encumber funds for remainder of F/Y 1990-1991 and request to renew interlocal agreement with the City of Mt. Dora for curbside recycling collection. $218,737.44

The Requisitions for the Corrections Division have been processed in the same manner as they were done prior to Lake County Board of County Commissioners assuming responsibility. At present, the Jail Administrator is in the process of bringing these procedures in compliance with County purchasing policy and procedures. Request permission to waive the bid and quote process at this time.

(5) Approve Other Payments:


DEPARTMENT/DIVISION
VENDOR/DESCRIPTION OF ITEM

AMOUNT
(1) BCC - Corrections B & R Foods.

Blanket Purchase Order for April 1991.

Bid #050-387-091 in evaluation stage.

$ 20,000.00
(2) BCC - Corrections Sysco.

Blanket Purchase Order for April 1991.

Bid #050-387-091 in evaluation stage.

$ 10,000.00
(3) BCC - Corrections T. G. Lee.

Blanket Purchase Order for April 1991.

Bid #056-380-091 in evaluation stage.

$ 2,500.00
(4) BCC - Corrections Merita Bread.

Blanket Purchase Order for April 1991.

Bid #055-375-091 in evaluation stage.

$ 2,000.00
(5) BCC - Corrections Lance Inc.

Blanket Purchase Order for April 9, 1991.

Bid #055-375-091 in evaluation stage.

$ 900.00
(6) BCC - Corrections Wechsler Coffee Corp.

Blanket Purchase Order for April 1991.

Bid #051-387-091 in evaluation stage.

$ 1,200.00
(7) BCC - Corrections Peninsular Paper. Blanket Purchase Order for April 1991.

Bid #052-640-091 in evaluation stage.

$ 3,000.00
(8) BCC - Corrections Auto Chlor Systems.

Blanket Purchase Order for April 1991 for laundry and kitchen chemical service.

$ 1,600.00
(9) BCC - Corrections Waterman Medical Center.

Inmate medical care for inmates Louise K. Hayes and Robert W. Conklin.

$ 2,370.01

Administrative Services-Budget/Budgets Transfer



Request for the transfer of funds in various departments, and a resolution requesting that the budget be amended to increase it by $500.00 from a check received from the sale of a truck destroyed in an accident.

Right-of-Ways, Road and Easements



Request by the Building Division to accept the following non-exclusive easement dedication:



For Large Lot Waiver



Section 22, Township 21, Range 24 - District 2 - George Corbett



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official memorandum of understanding with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at Lake Holly, GFC Ramp No. 82.



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official project agreement with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at Apopka/Beauclair Canal, GFC Ramp No. 63.



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official agreement with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at Little Lake Harris, GFC Ramp No. R-15.



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official project agreement with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at John's Lake, GFC Ramp No. 50.



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official project agreement with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at Lake Yale, GFC Ramp No. R-23.



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official project agreement with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at Palatlakaha River, GFC Ramp No. 56.



Contracts, Leases & Agreements/Game & Fresh Water Fish Commission/Water Authority



Request to execute an official project agreement with the Florida Game & Fresh Water Fish Commission, with respect to boating access improvements at Lake George, GFC Ramp No. 83.



COUNTY MANAGER'S DEPARTMENTAL BUSINESS



ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/LANDFILLS



Mr. Don Findell, Director of Environmental Services, appeared before the Board to present the request for authorization by the

Solid and Hazardous Waste Management Division to execute an amendment to increase the Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) Solid Waste Contract amount by $5,500.00, to perform wetlands delineation (flagging) work necessary for condemnation of Site K Property, and to encumber and expend funds.

A brief discussion occurred regarding the increase of $5,500.00 to the contract with PBS&J, and the condemnation of the Site K property.

On a motion by Commr. Bakich, seconded by Commr. Gregg and carried unanimously, the Board approved the request, as stated above.

COMMISSIONERS/LAWS & LEGISLATION

Mr. Lonnie Strickland, Director of Health and General Services, appeared before the Board to present the request that the Board of County Commissioners write a letter to the Lake County Legislative Delegation in support of House Bill 689, providing for cremation of identified, but unclaimed, bodies as an alternative to embalming and burial in certain cases.

On a motion by Commr. Hanson, seconded by Commr. Bakich and carried unanimously, the Board approved the request that the Board write a letter to the Lake County Legislative Delegation in support of House Bill 689.

CONTRACTS, LEASES & AGREEMENTS/PLANNING & DEVELOPMENT

Mr. John Swanson, Executive Director of Planning & Development, appeared before the Board to present the request for authorization to proceed with Tasks I, II, III & IV, of Exhibit B, of the agreement signed with The Land Planning Group.

Mr. Swanson stated that this request is required for the continuation of the platting and engineering work needed for the County property site at Highways 19/27 and the Turnpike. He further stated that the total cost of the project will be $83,450.00.

Commr. Swartz brought up for discussion the possibility of developing a portion of the site for use as a Mixed Use

development, which would allow for residential development in, or around, the site. Commr. Swartz stated that this would address some of the needs relative to affordable housing within the area, and suggested that the consultants be given direction to identify some of the tracts that might be reasonable for developments of this type.

Commr. Gregg expressed his concern that there is not enough acreage available for the industrial park, and he could not support using a portion of the present acreage for residential development.

Commr. Bailey stated that he feels the industrial park should be limited to economic development, tourism, and governmental services.

Commr. Gregg made a motion, which was seconded by Commr. Bakich, for authorization to proceed with Tasks I, II, III, and IV, of Exhibit B, of the Agreement signed with The Land Planning Group, as approved by the Board on July 10, 1990, and to encumber and expend funds, in the amount of $83,450.00.

Commr. Swartz reiterated earlier comments on the concept of integrating affordable housing into the industrial park, and stated that he would like to have future discussions on this issue.

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

TIME CERTAIN

REPORTS/OUTDOOR RECREATION

Mr. Kent Lindeman, Bicycle/Pedestrian Coordinator, appeared before the Board to present the mid-year report on the Bicycle/Pedestrian Program and the presentation of future benefits of the program to Lake County.

Mr. Lindeman presented slides showing heavily traveled County roads and the dangers to pedestrian and bicycle traffic due to inadequate shoulders, stressing the need to provide adequate shoulders to County roads.

At this time, Mr. Lindeman gave an update on the Rails To Trails program in Lake County.

Mr. Lindeman pointed out a portion of land on Slab Church Road, between Clermont and Groveland, which would be an ideal site for a bike path. He stated this site is in close proximity to a school and would provide safe transportation for children walking or riding to school, and also provide a savings to the School Board for the cost of transportation for those children. He further stated that the cost to acquire this land, for the purpose of a path, would be approximately $250,000.00.

At this time, Commr. Swartz directed staff to provide written information relative to the increased safety and the durability of a road after a shoulder has been added. Mr. Jim Stivender, Director of Public Works, responded that the Department of Transportation (DOT) has indicated that there is a cost savings in maintenance along the shoulders, and safety improvements when shoulders are provided.

PUBLIC HEARING

COMMITTEES/ORDINANCES/OUTDOOR RECREATION/MUNICIPALITIES

Mr. Chuck Pula, Recreation Director, appeared before the Board to present the proposed Ordinance creating the Lake County Parks and Recreation Advisory Board and presented a Policy Impact Analysis.

Mr. Pula stated that the Advisory Board will consist of nine (9) members for the purpose of consulting with Lake County Parks and Facilities, Public Works and Planning and Development on recreation matters and needs, and to make recommendations to the Board of County Commissioners. He commented that the Advisory Board will keep the Commissioners better informed on status, progress, plans and activities in Parks and Recreation, and also be a valuable public relations source.

Mr. Pula briefly reviewed some of the disadvantages of an Advisory Board, including the impact on work load, personnel needs and the budget cost.

Commr. Hanson expressed her appreciation to Mr. Pula for his help and support in the Sorrento Parks Project. At this time, Mr.

Pula gave an update on the project, commenting that the community effort involved in the project has been remarkable. Mr. Pula stated that the park is one of the finest recreation park facilities in Lake County, and has two tennis courts, an outdoor basketball court, volley ball court, picnic playground area, restroom facilities and a pavilion.

Commr. Swartz called attention to Page 2, Section 3 of the Ordinance in question, suggesting clarification be added to Numbers 2, 3 and 4. It was the decision of the Board to add "or designee" to these sections. He also suggested, on Page 3, Section 4. Terms, the Board appoint members from the League of Cities, Water Authority, School Board, and, perhaps, the unincorporated area residents for a one year term, and appoint the members from each of the districts for a two year term.

Commr. Swartz brought up for discussion Page 4, Section 9 Compensation, stating that prior approval should be required for expenses incurred. It was the decision of the Board not to make a change to this section.

Mr. Gene Molnar, Lake County School Board, appeared before the Board to state that the School Board would be pleased to serve on the Committee, and expressed the School Board's support of the concept of placing park sites and school sites in close proximity to each other.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board moved to amend the Lake County Parks and Recreation Advisory Board Ordinance to indicate the changes for the "designee" in Section 3, Numbers 2, 3 and 4 and the two year terms be initially allocated to the five members appointed from each County Commissioner's District, as stated in Section 4.

On a motion by Commr Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved Ordinance 1991-5:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE LAKE COUNTY PARKS AND RECREATION ADVISORY BOARD; PROVIDING FOR ITS PURPOSE; PROVIDING FOR MEMBERSHIP REQUIREMENTS; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR DUTIES; PROVIDING FOR ORGANIZATION; PROVIDING FOR A QUORUM; PROVIDING FOR

BYLAWS, RULES, AND REGULATIONS; PROVIDING FOR NO COMPENSATION; PROVIDING FOR MEETINGS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Pula stated that a letter will be sent to each of the organizations involved, asking them to make recommendations for appointment to the Advisory Board, and an advertisement will be placed in newspapers asking that interested persons contact the Board office. Commr. Bakich requested that a letter also be sent to the surrounding cities addressing this issue.

TIME CERTAIN

CORRECTIONS DEPARTMENT/JAILS/COURTHOUSE

Mr. Mike Anderson, Capital Improvements Director, appeared before the Board to present a progress report and schedule update on the Criminal Justice Facility.

Mr. Anderson reviewed the Project Financial Status Report, showing budgeted vs. actual costs, current/future projections and the sales tax recovery, as of March 31, 1991.

Commr. Swartz questioned staff about the type of bricks being used for the facility and the economical factor involved, with Mr. Anderson responding to questions regarding this issue.

TIME CERTAIN

REPORTS/LANDFILLS/BONDS

Mr. Al Thelen, County Manager, appeared before the Board to present a report from Public Financial Management, Inc. (PFM) and introduced Ms. Lavon P. Wisher, Managing Director, and Mr. Rick W. Patterson, Managing Consultant, to the Board.

Mr. Thelen stated that PFM was requested to review the intent of the program on the bonds for the County Solid Waste System, and make a recommendation on the investment of these bonds, and the bonds for the new landfill later this year.

Mr. Patterson appeared before the Board to present PFM's recommendations regarding the advisability of converting the interest rate on the County's Adjustable Tender Resource Recovery Industrial Development Revenue Bonds from a short term, adjustable

rate to a long term, fixed rate, and identified potential credit concerns facing the County's solid waste system, which could adversely impact the County's ability to fix the interest rate on the bonds.

Mr. Patterson stated the potential credit issues relate primarily to waste supply/flow control, residue/bypass disposal, potential contamination remediation, company credit risk, disposal fee collections and closure/postclosure care requirements. At this time, Mr. Patterson reviewed each of these issues, as stated in the report.

Mr. Patterson stated that, in order to begin the process of converting the bonds, it will be necessary for the County to assemble a financing team consisting of key representatives from County staff, the Financial Advisor, Bond Counsel, a Consulting Engineer, and an Investment Banker. He further stated that, in selecting the Investment Banker, the County could elect to allow the current Remarketing Agent to serve as Investment Banker, or, as an alternative, could elect to conduct a competitive selection process for this position.

Mr. Patterson stated that PFM's recommendation is that the County use a competitive selection process in selecting an Investment Banker, with the goal being to select the Investment Bank, which is best qualified to assist the County in structuring the fixed rate conversion of the bonds, and also assure the County of receiving aggressive pricing bids.

Commr. Swartz asked for clarification on the statement under Disposal Fee Collections, Page 7, of the report, "Under state law, the County could expand its special assessment program to include commercial and residential users in all areas of the County, incorporated and unincorporated", at which time discussion occurred regarding this issue.

Commr. Bakich suggested that the Board consider having PFM work toward getting a competitive bid from the County's present Investment Firm, with Mr. Patterson responding that PFM will

negotiate with the existing agent, and then continue with the competitive process to assure getting the lowest bid.

Ms. Lavon Wisher stated that, in the selection process, PFM will ask for submission of a proposal, at which time a selection will be made, and only those that are qualified are asked to submit a fee, thus eliminating the possibility of selecting the lowest bidder, which may not necessarily be the most qualified.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the recommendation made by Public Financial Management, Inc., to authorize staff to proceed with developing the necessary RFP, and return with a proposed Committee, so that an evaluation can be made by the Board.

RESOLUTIONS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Director of Public Works, appeared before the Board to present the request to include an additional 1,500 feet of University Avenue (#2-3014) into the County Maintenance System.

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved the request, as stated above.

COMMISSIONER BUSINESS

RESOLUTIONS/LAWS & LEGISLATION

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, the Board approved the Resolution urging the Florida Legislature to continue support and funding of the "Preservation 2000" program.

RESOLUTIONS/APPOINTMENTS-RESIGNATIONS

On a motion by Commr. Swartz, seconded by Commr. Gregg and carried unanimously, the Board approved a Resolution of appreciation to be presented to Ray Robbins, in recognition of his twenty (20) years of service on the Lake County Planning and Zoning Commission; and a Resolution of appreciation to be presented to Greg Homan, in recognition of his service on the Lake County Planning & Zoning Commission.

COUNTY ATTORNEY'S BUSINESS

ORDINANCES/ENVIRONMENTAL SERVICES

Ms. Annette Star Lustgarten, County Attorney, informed the Board (For Informational Purposes) that the administrative hearing on the Wekiva River Protection Area Land Use Plan Amendment has been terminated, and the administrative hearing officer has issued a recommended Order of Dismissal, which will now go to the cabinet, sitting as the Florida Land Adjudicatory Commission. The Land Use Plan Amendment will be considered for approval at that time.

COMMITTEES/HEALTH & GENERAL SERVICES

Ms. Annette Star Lustgarten, County Attorney, informed the Board (For Informational Purposes) that she will be sending an invoice to the North Lake County Hospital District Board for services performed by the County Attorney's office from the time they became an independent Board, in January, until they employed their own legal counsel. Ms. Lustgarten stated that her office will be billing approximately fifteen (15) hours for staff time and attending meetings.

ANIMAL CONTROL/ORDINANCES

Mr. Lonnie Strickland, Director, Health and General Services, appeared before the Board to present the workshop on the proposed Animal Control Ordinance.

Mr. Strickland stated that the proposed Animal Control Ordinance addresses the issue of vicious animals and allows staff to hand classify them as dangerous animals; provides for the containment of those animals in proper facilities; the proper handling of those animals, if they are not in proper facilities; and allows for the provision to track the animals should they be sold and moved throughout the County. He further stated that, if an animal, classified as dangerous, attacks an individual, the owner will be charged with a felony.

Mr. Strickland stated that there are four (4) greyhound racing kennels, or farm sites, in the County, and a major concern is animal control in these kennels, or farms, and the ability to

insure that the operators of these kennels are providing the proper care and treatment to the animals.

At this time, Mr. Strickland stated that the State requires kennels to have a "Certificate of Operation", and County staff recommends that a County "Certificate of Operation" be required, thus allowing staff some knowledge of the location of these operations and providing the County with the ability to enforce the rules and regulations that are pertinent to the area in question.

Commr. Swartz asked for clarification on the current regulation requirements for zoning, in terms of commercial kennels, or operations, which go beyond the status of "pet", with the County Attorney responding that commercial kennels are a permitted use in the Agricultural Zoning District, without a Conditional Use Permit, as long as they meet setback requirements of 200 feet from a public street, or a boundary of an adjacent property owner.

Discussion occurred regarding the zoning of "commercial kennels" vs. "greyhound dog farms", and the need of an amendment to the Agricultural Zoning District to permit commercial kennels, greyhound farms and CUPs.

Mr. Strickland stated that under Section 4-31, Paragraph E, Florida Statutes mandates that all new Animal Control officers

complete a forty (40) hour training course, with an additional $2.00 surcharge to offset the cost of the training course.

Mr. Strickland reviewed a change to Section 4-36, Noisy Animals, stating the wording on lines 3 and 4, "create a nuisance to neighbors or", has been deleted and the wording, "disturb the comfort, peace, quiet or repose of any person residing", has been added.

Mr. Strickland stated that Section 4-46, Paragraph B states that, if the owner of a dead animal should fail to remove and dispose of said animal within a reasonable time, the department shall remove and dispose of said animal and charge the cost of said removal and disposal to the owner of the property.

Mr. Strickland reviewed Section 4-48, Animal Control Advisory Board stating that the temporary Advisory Board created last year had a overall positive effect, allowing individuals involved to better understand the difference between animal control and animal rights, and the limited resources at hand. At this time, discussion occurred regarding the organizations to serve on the Advisory Board, with staff recommending the scope of the Board should be limited to budget review, policy and procedure review, and a capital improvement plan.

Mr. Strickland stated that language in Section 4-103, Confinement of Animals in Vehicles, should be changed to address only animals left in a vehicle in a parking lot, or unshaded area, for a long period of time.

It was brought to the attention of staff that on Page 12, Line 11, the word "unaccessible" should be changed to "inaccessible".

It was the decision of the Board to authorize advertising of a Public Workshop, on the Animal Control Ordinance, for the purpose of public comment, on May 21, 1991, at 10:30 a.m.

At this time, Commr. Swartz suggested staff indicate on the Board of County Commissioner's Agenda if a workshop is opened for public comment or not.

RECESS & REASSEMBLY

At 12:00 a.m., the Chairman stated that the Board would recess for lunch and would reconvene at 2:00 for a workshop on the Storm Water Ordinance.

ORDINANCES/PUBLIC WORKS/WATER AUTHORITY

Mr. Don Findell, Executive Director, Environmental Services, appeared before the Board to present the workshop on the Storm Water Management Ordinance.

Mr. Findell stated that the Storm Water Management Ordinance represents the culmination of the efforts of Camp, Dresser and McKee, the Pollution Control staff, Public Works staff and the Water Authority staff in preparing an ordinance that will protect Lake County's ground and surface waters, meet the Department of

Community Affairs' requirements to de-designate the Green Swamp area, satisfy the Water Management District's requirements for delegation of permitting authority, and provide both flexibility and specific guidance to Lake County's development community in the preparation of storm water management system design plans.

Mr. Russell Neff, representing Camp, Dresser and McKee, appeared before the Board to discuss the Stormwater Management Ordinance, at which time he discussed the sections relating to Legislative Findings, Legislative Intent, Jurisdiction, Definitions, Permit Requirements, Exemptions, Performance Criteria, Storm Water Management System Design Criteria, Dedication of Drainage Easements and Rights-of-Way, Storm Water Management Permit Application, Fees, Review of Application, Maintenance, Inspections, Enforcement, Emergency Exemption, Variances, Appeals of Department Decisions, Violations and Penalties, Inclusion in Code and Severability.

Discussion occurred regarding Fees, at which time Mr. Sam Sebaali, Development Review Coordinator, stated the fees for Residential are $250.00 for under ten (10) units; $325.00 for units between ten (10) and one hundred (100); and $500.00 for units over one hundred (100).

Commr. Gregg brought up for discussion the process for reviewing permit applications, stating that the ninety (90) day time period for review of the permit application package is too long. Mr. Findell stated that, if the County receives delegating permitting authority, and the Chapter 120 timeframe does not have to be followed, the ninety (90) day period will be reduced.

Commr. Gregg expressed his concern for the language under Section 14. Maintenance, which requires an annual report be made to the County on the maintenance performed during the year, and the financial capability to provide the required maintenance for the coming year on retention ponds, stating that he sees this requirement as being very costly to individual business. At this

time, further discussion occurred regarding the financial aspect of this request.

Commr. Swartz stated that he would like to have staff's comments and recommendations on the recommendations that have been received from the various Water Management Districts, and he would like to receive a copy of the recommendations made by the St. Johns Water Management District.

At this time, Mr. Neff briefly reviewed the Storm Water Management Design Standards. Commr. Gregg brought up for discussion language on page 14, regarding subsurface investigation, that reads "Final design infiltration rates will be determined by a Geotechnical Engineer or Professional Geologist.", and suggested the language be changed to read "Professional Engineer" instead of "Geotechnical Engineer". Mr. Findell stated that staff would review the language in question.

LANDFILLS/ENVIRONMENTAL SERVICES/MEETINGS

Commr. Bailey informed the Board of a Waste Haulers meeting, scheduled for April 18, 1991, at 3:00 p.m. and a Budget Workshop on Solid Waste Management Workshop, scheduled for May 16, 1991 at 9:00 a.m.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 3:30 p.m.



___________________________________

DONALD B. BAILEY, CHAIRMAN



ATTEST:







______________________________

JAMES C. WATKINS, CLERK



MSF/4-9-91/4-15-91/BOARDMIN