A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 23, 1997

The Lake County Board of County Commissioners met in regular session on Tuesday, September 23, 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; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that there were two Addendums to the Agenda, which had been properly advertised, and that Tab 36, Road Vacation Petition No. 844, by Ronald Davis, was being withdrawn from the Agenda and was being advertised to be heard on October 7, 1997.

CLERK'S CONSENT AGENDA

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

Budgets/Budget Transfers/County Finance



Request for approval of Budget Adjustments for FY 96/97, as follows:.



A. Transfers:



1. Fund: Sales Tax Capital Projects

Department: Facilities and Capital Improvements

From: Buildings $36,517

To: Professional Services $36,517

Transfer #: 97-378



Justification: Transfer necessary to provide consultant services related to computer aid, computer programming, and equipment to enhance the Lake County Historical Museum.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment, as follows:

Satisfaction of Judgment for Mark Nichols, a Child, in the amount of $150.00,

Case No. 81-931-CJ.



Bonds - Contractor



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



New



1253-98 Franklin Reaves (Aluminum)

1763-98 Innovation Industries, Inc., d/b/a Jack & Andy's Electric

4914-98 Guy's Roofing of Lake County, Inc.

5254-99 Scott E. Courtney (Plumbing)



Cancellations



5148-96 Gregory R. Dowers

5521-97 Lawrence Hunter Davenport



Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending August 31, 1997, in the amount of $135,933.66. Same period, last year: $143,456.56.



Municipalities/Ordinances



Request to acknowledge receipt of City Ordinances, as follows:



Ordinance No. 97-24, from the City of Leesburg, annexing certain property owned by Rosemary P. Purdum, said property consisting of approximately 15 acres and being generally located south of U.S. Highway 441 and east of the Leesburg Municipal Airport, lying in Section 22, Township 19 South, Range 25 East, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg; providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said city; providing that such annexed property shall be subject to all laws and ordinances of said city, as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances; providing that such annexed territory shall be rezoned from County R-1 (Rural Residential) and County R-2 (Estate Residential) to City A (Agriculture); and providing for an effective date.



Ordinance No. 97-25, from the City of Leesburg, annexing certain property owned by Strong Brothers Partnership, a Florida general partnership, said property consisting of approximately 20 acres and being generally located south of U.S. Highway 441 and east of the Leesburg Municipal Airport, lying in Section 22, Township 19 South, Range 25 East, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg; providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said city; providing that such annexed property shall be subject to all laws and ordinances of said city, as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances; providing that such annexed territory shall be rezoned from County R-1 (Rural Residential) and County R-2 (Estate Residential) to City R-2 (Low Density Residential); and providing for an effective date.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Cadwell requested that Tabs 5 through 10, requests from Economic Development, be pulled from the County Manager's Consent Agenda and discussed separately.



Ms. Sue Whittle, County Manager, requested that Tab 22, a request from Growth Management, be pulled from the Agenda, for discussion, as well.

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

Community Services/Education/Grants/State Agencies



Request from Community Services for execution of the State of Florida Department of Community Affairs Certification of Acceptance of Subgrant Award for Grant Funding, for

FY 1997/98, for the Lake County Middle School DARE III Program.



Accounts Allowed/Community Services/Public Health



Request from Community Services for approval of payment of monthly Medicaid hospital bill, in the amount of $31,078.29, and Medicaid nursing home bill, in the amount of $32,399.34, for the month of July, 1997.



Community Services/Grants/Libraries



Request from Community Services for approval and execution of State Aid to Libraries 1998 Grant Application and Agreement.



Accounts Allowed/Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval to establish a procedure for direct payment of United Telephone bills, for the Energy Management Operation, at a fiscal impact of $480.00.



Accounts Allowed/Facilities and Capital Improvements/County Buildings and Grounds

Utilities



Request from Facilities and Capital Improvements for approval to establish a procedure for direct payment of utility bills, for the Energy Management Operation, for the government complex in Tavares, at a fiscal impact of $924,931.00.



Accounts Allowed/Facilities and Capital Improvements/Municipalities

County Buildings and Grounds



Request from Facilities and Capital Improvements for approval to establish a procedure for direct payment of the City of Eustis water and sewer bills, for the Expo Center, at a fiscal impact of $3,780.00.



Accounts Allowed/Facilities and Capital Improvements/County Buildings and Grounds

Request from Facilities and Capital Improvements for approval to establish a procedure for direct payment of United Telephone/Sprint bills, for the Expo Center, at a fiscal impact of $1,096.00.



Accounts Allowed/Facilities and Capital Improvements/County Buildings and Grounds



Request from Facilities and Capital Improvements for approval to establish a procedure for direct payment of Town & Country Refuse Company bills, for the Expo Center, at a fiscal impact of $2,646.00.



Accounts Allowed/Facilities and Capital Improvements/County Buildings and Grounds



Request from Facilities and Capital Improvements for approval to establish a procedure for direct payment of Florida Power Corporation bills, for the Expo Center, at a fiscal impact of $10,556.00.





Contracts, Leases and Agreements/Facilities and Capital Improvements/Municipalities

Outdoor Recreation



Request from Facilities and Capital Improvements for approval and execution of First Amendment to Interlocal Agreement between Lake County and Town of Howey-in-the-Hills, relating to contribution of infrastructure sales tax funds, for recreational facilities.



Accounts Allowed/Facilities and Capital Improvements/Solid Waste



Request from Facilities and Capital Improvements for approval and execution of Change Order, in the amount of $10,771.00, to Construction Development & Design Company, for the Solid Waste Scale House.



Contracts, Leases and Agreements/Fire and Emergency Services



Request from Fire and Emergency Services for approval and execution of Lease Agreement between Lake County and John C. Natolly and Lynn Natolly, his wife, relating to the Harbor Hills County Fire Station.



Fire and Emergency Services



Request from Fire and Emergency Services for approval to declare a mobile home, located on property rented from the Wekiva River Fire Station, as surplus, and to advertise for it to be sold on the property, per State Statute.



Accounts Allowed/Fire and Emergency Services/Grants/Resolutions



Request from Fire and Emergency Services for approval and execution of EMS Grant Application and Resolution for 1997/98, at fiscal impact of $59,118.95, to be used to purchase medical equipment, per contractual agreement with Florida Regional Emergency Medical Services, and for County Fire/Rescue to purchase first responder rescue equipment.



Accounts Allowed/Contracts, Leases and Agreements/Growth Management

State Agencies



Request from Growth Management for approval and execution of an Agreement between Lake County and the Florida Department of Environmental Protection, for the Pollutant Storage Tank System Compliance Verification Inspection Program, at an impact of $87,959.00, through June 30, 1998. In order to verify monitoring and compliance with the requirements of State Code, it is further recommended that this contract remain at Level II.



County Employees/Personnel/Facilities and Capital Improvements/Jails



Request from Personnel for approval to delete the position of Maintenance Specialist III, Pay Grade 0012, and add the position of Secretary II, Pay Grade 8, in the Office of Facilities and Capital Improvements, Facilities Management Section, Jail Maintenance Services.



Public Works/Subdivisions



Request from Public Works for acceptance of the Final Plat for Cantergate Subdivision.



Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works/Subdivisions



Request from Public Works for acceptance of the Final Plat for Greater Groves Phase V; approval and execution of a Developer's Agreement, for maintenance of improvements, between Lake County and Greater Construction Corporation; acceptance of a Maintenance Bond, in the amount of $14,480.00; and approval and execution of a Resolution accepting Greater Groves Boulevard "Part" (2-0159) into the County Road Maintenance System.





Accounts Allowed/Funds/Public Works/Roads-County and State/Road Projects



Request from Public Works for approval to award the Cassidy Street, West Skyline Drive, Skyline Drive, Twin Ponds Road, Lake Burns Road, and East 9th Avenue Improvement Project No. 8-97, Bid No. 97-143, to Gray Materials and Contracting, Inc., in the amount of $565,756.18; and approval to encumber and expend funds, in the amount of $331,167.18, from the Road Impact Fee Benefit District 2 Fund, and $234,589.00 from the Transportation Trust Fund - Commissioner District 5.



Accounts Allowed/Funds/Municipalities/Public Works/Roads-County and State



Request from Public Works for approval to add the paving of Dexter Road (CR4-9589), located in the Astor area, to the County Transportation Trust Fund Five Year Road Program, for FY 1998/2002. The estimated cost of paving is $320,100.00.



Accounts Allowed/Funds/Public Works/Roads-County and State/Road Projects



Request from Public Works for approval to award CR 470 Widening and Resurfacing and Bay Avenue (2-3108A) Paving Project No. 7-97, Bid No. 97-142, to Art Walker Construction Company, in the amount of $842,305.52; approval to encumber and expend funds, in the amount of $159,235.67, from the Road Impact Fee Benefit District 3 Fund; $636,942.70 from the Road Impact Fee Benefit District 4 Fund; and $46,126.95 from the Transportation Trust Fund - Commissioner District 2.



Contracts, Leases and Agreements/Public Works/State Agencies



Request from Public Works for approval and execution of the Second Amendment to the Agreement between the St. Johns River Water Management District and Lake County; and execution of the First Amendment to the Agreement between Lake County and Dyer, Riddle, Mills & Precourt, Inc., for the SR 19 Stormwater Management Feasibility Study, subject to review and approval by the County Attorney.



Accounts Allowed/Purchasing



Request from Purchasing for approval of the following:



Approval for Solid Waste to increase Ringhaver Equipment purchase orders from $94,032.00 to an estimated $103,000.00, within budgeted funds, for authorized service provider to do (OEM) repairs on Caterpillar equipment. Funding for this will be from Account Nos. 420.4569160.534.8300460, 420.4569100.534.8300460, and 420.4569120.534.8300460 (Landfill, Disposal Operations, Repair and Maintenance Fund).

Approval to award RFP No. 97-080, to provide auctioneering services, to Karlin Daniel & Associates, Inc.; and approval and execution of the contract.



A Selection Committee comprised of those noted below evaluated submittals, conducted public interviews, and received cost proposals from the short listed firms of (1) Karlin Daniel & Associates, Inc., (2) George Gideon Auctioneers, Inc., and (3) Wayne Evans Auction Company, and recommended awarding to the highest ranked respondent. Revenue derived from the auction proceeds will be deposited in the General Fund and funds of participating offices, subject to review and approval by the County Attorney:



Don Gullickson County Clerk's Office

Paul Haskins Lake County School Board Supervisor of Purchasing, Grounds, and Property Management

Ken Hayslett Volusia County Director of Purchasing

Tom Simms Volusia County School Board Purchasing Director

Pat Parker Seminole County Asset Control Specialist



Approval for the Office of Purchasing to advertise throughout Fiscal Year 1997/98 for Lake County's annual bids and proposals, as specified on list of goods and services (Attachment A).





It is also requested that the Board grant approval for the Office of Purchasing to award and/or extend the annual bids and proposals and to piggyback other governmental or cooperative bids, if the award recommendation is to the lowest and best responsive bidder/respondent, and issue blanket purchase orders within budgeted funds.



Annual bids and proposals establish firm sources, periods and quantity discounted prices for high volume materials and services, significantly reducing the number of repetitive expensive daily purchasing transactions, through the utilization of blanket purchase orders.



Approval for the Office of Facilities and Capital Improvements to rescind the June 17, 1997 award of Bid No. 97-095, for the Public Services renovation project, to Atlantic Eastern Corporation, and re-award the bid to Doug Ross Construction, in the amount of $1,397,000.00; and authorization for the Chairman to sign the contract, subject to review and approval by the County Attorney.



Due to the delay in commencing the project, Atlantic Eastern Corporation cannot honor their bid prices and has requested their bid be withdrawn. Doug Ross Construction is the second lowest bidder and has agreed to honor their original bid pricing. Funding: $742,473.71 from Account No. 112.5056200.541.8600620 (Public Works Buildings); $504,526.00 from Account No. 301.0857620.513.8600652 (General Government Buildings); and $150,000.00 from Account No. 301.0857640.513.8600620 (Central Energy Plant).



Risk Management



Request from Risk Management for approval of continuation of the present Section 125 Flexible Benefits Plan Benefits and Vendors, for the Plan Year January 1, 1998 to December 31, 1998.



Insurance/Risk Management



Request from Risk Management for approval of the renewal of Group Medical, Life, AD&D, Dental, and Long Term Disability (LTD) Insurance, for FY 1997/98; and authorization for the Chairman to sign the applications, policies, contracts, and documents relating to the renewal, subject to review and approval by the County Attorney.



Contracts, Leases and Agreements/Solid Waste



Request from Solid Waste for approval and execution of an Interlocal Agreement between The City of Leesburg and Lake County, relating to recycling revenue sharing, for an initial term beginning FY 1997/98, subject to review and approval by the County Attorney.



Contracts, Leases and Agreements/Solid Waste



Request from Solid Waste for approval and execution of an Agreement between Sunrise ARC of Lake County, Inc. and Lake County, to provide personnel to work in the IMPACT Center, subject to review and approval by the County Attorney.



ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT/FUNDS

Ms. Leslie Little, Senior Director, Economic Development, appeared before the Board and explained this request, stating that it was an extension of the contract with Utility Tools. She stated that said company moved into the County this year and that, due to their growth, were hiring several more people than they originally thought they needed. She stated that they originally qualified for $25,000.00, based on the number of positions they would employ, however, are now anticipating bringing on an additional 10-12 employees. She stated that the amendment to the contract was approved by the Industrial Development Authority and she would recommend that it be approved.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval and execution of the First Amendment to the Jobs Growth Investment Trust Fund Monies Agreement for Utility Tools, Inc., in an amount not to exceed $20,000.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT

Ms. Leslie Little, Senior Director, Economic Development, explained this request, stating that it was a Jobs Growth Investment Trust Fund Agreement for G & T Conveyor Contractors, in Tavares. She stated that they are in the middle of a contemplative expansion and will be adding 36,000 square feet - a $1.2 million expansion to their facility. She stated that they have purchased the property adjacent to them, for said expansion, and are asking for deferral of their impact fees, until they receive their Certificate of Occupancy, noting that the Lake County Land Development Regulations provide for that option, as long as it is approved by the Industrial Development Authority and recommended to the Board for approval. She stated that they will be adding 25 new positions to their current payroll of 75 employees. She noted that they build the majority of the luggage conveyor systems for U.S. airports.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval and execution of an Agreement between G & T Conveyor Contractors and Lake County, to defer the payment of their impact fees, until they receive their Certificate of Occupancy; and approval and

execution of the Jobs Growth Investment Trust Fund Monies Agreement for G & T Conveyor Contractors, in an amount not to exceed $55,050.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT

Ms. Leslie Little, Senior Director, Economic Development, explained this request, stating that it pertains to COST of Wisconsin, a company that is new to Florida. She stated that they manufacture artificial rock and are currently under contract with Universal Studios, for their expansion project. She stated that they are located in Okahumpka and will be hiring 12 to 14 people. She recommended approval of the request.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval and execution of the Jobs Growth Investment Trust Fund Monies Agreement for COST of Wisconsin, in an amount not to exceed $21,500.00.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT

Ms. Leslie Little, Senior Director, Economic Development, explained this request, stating that it was a request for impact fee deferral, as well as a request for approval of a Jobs Growth Investment Trust Fund Monies Agreement, which had been reviewed and approved by the Industrial Development Authority. She noted, however, that she had received a letter from Florida Crushed Stone, withdrawing their applications.

Mr. Randy Thompson, Project Supervisor, Florida Crushed Stone, appeared before the Board and submitted, for the record, a letter from Mr. F. Browne Gregg, Chairman and C.E.O., Florida Crushed Stone, requesting that the company's applications for the Job Growth Investment Trust Fund and the Impact Fee Deferral Plan be withdrawn, which he read into the record.

Commr. Hanson stated that she felt the Board should deny the request to withdraw the applications and approve them, noting that she felt they should show Florida Crushed Stone a vote of confidence, with the quality of jobs they are bringing to Lake County.

Commr. Cadwell stated that he felt Florida Crushed Stone was aware of the fact that the Board would like them to keep their headquarters in Lake County; however, he felt that, if they wanted to reevaluate the situation, the Board should let them do it. He noted that the Board had received a letter from the City of Leesburg Chamber of Commerce supporting Mr. Carl Lunderstadt, President of Florida Crushed Stone, and the project. He questioned whether the County had done everything it could, with regard to Mr. Lunderstadt's filing a Conflict of Interest and not participating in the Industrial Development Authority meeting, in which Florida Crushed Stone was granted approval to receive $300,000.00 in Jobs Growth Investment Trust Fund monies.

Mr. Minkoff, County Attorney, stated that he had discussed the matter with Mr. Lunderstadt and that Mr. Lunderstadt had followed the appropriate procedures, according to the Florida Statutes.

Mr. Thompson interjected that he felt the decision of Mr. F. Browne Gregg to withdraw the applications was purely a business decision.

Commr. Hanson stated that she hoped the future decision of Mr. F. Browne Gregg would be to move forward with the project and that it be in Lake County.

A motion was made by Commr. Cadwell and seconded by Commr. Swartz that the Board approve a request for withdrawal from Florida Crushed Stone, for approval and execution of a Jobs Growth Investment Trust Fund Monies Agreement, for FCS/CMI, in an amount not to exceed $300,000.00; and a request for approval and execution of an Agreement between FCS/CMI and Lake County, to defer payment of impact fees, until further notice.

Under discussion, Commr. Swartz stated that he had read the article that appeared in the newspaper about the issue of the Industrial Development Authority recommending approval for Florida Crushed Stone to receive Jobs Growth Investment Trust Fund monies and that it appeared Mr. Lunderstadt did exactly what he was required to do, in abstaining from the vote that was taken, and that it was unfortunate that the article would cast any doubt or question upon Mr. Lunderstadt. He stated that he hoped Commr. Cadwell would work with Florida Crushed Stone and bring said matter back before the Board, at a later date. He suggested that, given the nature of the money involved, if a future agreement is put together, that said monies be spread out over a two year period.

Commr. Cadwell interjected that the $300,000.00 in question was to be split over a two year period.

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

GROWTH MANAGEMENT/ZONING

Ms. Sue Whittle, County Manager, informed the Board that the County had received a letter from Mr. Steve Richey, Attorney, representing Lester Coggins Trucking Company, with regard to the voluntary revocation of Conditional Use Permit No. 87/11/2-2, in which he states that said company does not wish to have its CUP revoked, noting that it is currently utilizing the CUP permit, which is for a caretaker's residence on their premises; therefore, staff would like to amend Tab 22, under the County Manager's Consent Agenda, to remove said CUP from the list of revocations.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of the voluntary revocation of conditional use permits that have been invalidated, due to annexation, rezoning, or requested by property owners, for revocation, as amended.

COMMISSIONERS/MEETINGS

Commr. Hanson informed the Board that she had requested Reverend Richard Green, from the First Baptist Church in Sorrento, to attend this meeting and give the Invocation; however, due to the fact that she was detained briefly before the meeting, Reverend Green was not asked to do so. She apologized for being detained and thanked Reverend Green for attending the meeting.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 844 - RONALD DAVIS - LEESBURG

It was noted that Road Vacation Petition No. 844, by Ronald Davis, to vacate lots, tracts, and right-of-way, Silver Lake Estates, Section 14, Township 19, Range 25, Leesburg area, had been postponed until the Board Meeting of October 7, 1997.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 849 - RONALD STEPHEN ROGERS, RANDAL HERBERT ROGERS AND TIMOTHY WAYNE ROGERS - SORRENTO/WEKIVA RIVER

Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board and explained this request, stating that it was a request to vacate a drainage and utility easement in North Harbor Acres, Section 33, Township 19, Range 29, in the Sorrento/Wekiva River area - Commissioner District 4. He stated that an easement was dedicated on the old lot line and this request was to vacate the old easement and replace it with a new easement. He reviewed a plat of the property in question and stated that there were various encroachments on the property, which include a well and part of a home. He stated that the two property owners involved deviated the property line; therefore, the old easement had to be vacated and the new easement dedicated. He stated that doing so would solve an issue involving title to the property. The Chairman opened the public hearing.

It was noted that the applicant was present in the audience, however, did not wish to address the Board.

No one was present in opposition to the request.

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

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1997-171 - Road Vacation Petition No. 849, by Ronald Stephen Rogers, Randal Herbert Rogers and Timothy Wayne Rogers, to vacate a drainage and utility easement, in North Harbor Acres, Section 33, Township 19, Range 29, in the Sorrento/Wekiva River area - Commissioner District 4.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

ROAD VACATIONS

PETITION NO. 850 - LARRY CARLSON - CLERMONT

Mr. Jim Stivender, Jr., Senior Director, Public Works, explained this request, stating that it was a request to vacate a right-of-way (Jacaranda Avenue), in Clermont Farms, Sawmill Lakes, Section 11, Township 23S, Range 25E, Clermont area - Commissioner District 2. He stated that the County had received a letter, in favor of the request, from the President of the Cherith Hills Homeowners Association, a subdivision located to the south of the property in question, which would be affected by said vacation. He stated that the County had also received a telephone call from the owner of Lot 17, in the Cherith Hills Subdivision, recommending approval of the vacation. He noted that everyone that will be affected by the vacation has legal access.

The Chairman opened the public hearing.

No one was present in opposition to the request.

Mr. Tim Hoban, Attorney, appeared before the Board stating that he represented the Petitioner and the Sawmill Lakes Homeowners Association, as well as the builder and developer of said subdivision. He stated that everyone involved was in favor of the vacation, due to the fact that it would serve their public interest. He requested approval of the vacation.

Mr. Jeffrey Dokkestul, President of the Cherith Hills Homeowners Association, appeared before the Board stating that the Association is unanimously in favor of the vacation.

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

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1997-172 - Road Vacation Petition No. 850, by Larry Carlson, Sawmill Lakes, Inc., to vacate a right-of-way (Jacaranda Avenue), in Clermont Farms, Sawmill Lakes, Section 11, Township 23S, Range 25E, in the Clermont area - Commissioner District 2.

COUNTY EMPLOYEES/GROWTH MANAGEMENT

Ms. Sue Whittle, County Manager, introduced to the Board the new Director of Planning and Development Services, Mr. Jim Smith, noting that he came on board September 15, 1997.

PUBLIC HEARINGS

REZONING

Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board stating that Agenda Item No. 6, CUP97/9/1-4, Sarvan, Inc., Tracking No. 71-97-CUP, had requested a postponement until the September 30, 1997 Board Meeting; and that Agenda Item No. 7, PH33/97/2, Stanford Realty/R.F. Stonerock, Tracking No. 47-97-Z, had requested a postponement until the October 28, 1997 Board Meeting.

It was noted that no one present wished to address the Board, regarding said cases.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously,

by a 5-0 vote, the Board approved the postponement of Rezoning Agenda Item No. 6, CUP97/9/1-4, Sarvan, Inc., Tracking No. 71-97-CUP, until the September 30, 1997 Board Meeting; and Rezoning Agenda Item No. 7, PH33/97/2, Stanford Realty/R.F. Stonerock, Tracking No. 47-97-Z, until the October 28, 1997 Board Meeting.

PETITION NO. CUP97/9/2-4 - CUP IN A - ROBERT AND OTTITIA A. CHANEY

TRACKING NO. 66-97-CUP

Ms. Sharon Farrell, Senior Director, Growth Management, explained this request, stating that it was a request for a Conditional Use Permit in A (Agriculture), for the care of an infirm relative, on approximately 12 acres, in the Pine Lakes area. She stated that the County had received a Physician's Affidavit for this request and that staff was recommending approval. She stated that there was no opposition to the request and that the Planning and Zoning Commission approved the request, by a 7-0 vote. She submitted, for the record, an aerial (County Exhibit A) of the property in question.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1997-66, a request for a Conditional Use Permit in A (Agriculture), for the placement of a mobile home on the site, for a temporary living facility, for the care of an infirm relative.

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

PETITION NO. CUP97/9/3-4 - CUP IN A - RANDLE AND CHRIS SWIM

TRACKING NO. 67-97-CUP

Ms. Sharon Farrell, Senior Director, Growth Management, explained this request, stating that it was a request for a Conditional Use Permit in A (Agriculture) , for the placement of a mobile home on the site, for a temporary living facility, for the care of an infirm relative.

It was noted that the request involved 5.44 acres in the Royal Trails area.

Ms. Farrell stated that the County received two letters in opposition to the request; however, the Planning and Zoning Commission approved it, by a 7-0 vote. She stated that a Physician's Affidavit was submitted, for this case, and staff was recommending approval of the request. She noted that the site is heavily wooded; therefore, there is a chance that the mobile home will not be visible from the roadway. She submitted, for the record, an aerial (County Exhibit A) and a plat (County Exhibit B) of the property in question.

The Chairman opened the public hearing.

It was noted that the applicant was present in the audience, however, did not wish to address the Board.

No one was present in opposition to the request.

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

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, by a 4-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Ordinance No. 1997-67, a request for a Conditional Use Permit in A (Agriculture) , for the placement of a mobile home on the site, for a temporary living facility, for the care of an infirm relative.

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

PETITION NO. 51-97-4 - R-1 TO A - PHIILIP L. KIRBY

TRACKING NO. 69-97-Z

Ms. Sharon Farrell, Senior Director, Growth Management, explained this request, stating that it was a request for rezoning from R-1 (Rural Residential) to A (Agriculture), to bring an existing nursery facility into compliance and for future expansion. She stated that the request involves approximately 9 acres in the Mt. Plymouth area. She stated that the Petitioner has an existing nursery on the site, which he wants to expand. She stated that, currently, in the Land Development Regulations, if one has an R-1 zoning and wants to expand over five acres, one has to obtain a Conditional Use Permit. She stated that staff presented the Petitioner with two options, one being a CUP and the other to rezone the property to Agriculture. She stated that the Petitioner chose to rezone the property to Agriculture. She stated that, even though the area is in an urban compact node and there is some residential zoning, the predominant uses are Agriculture, noting that there are a lot of nurseries in the area. She stated that there was no opposition to the request and the Planning and Zoning Commission approved it, by an 8-0 vote. She stated that staff was recommending approval. She submitted, for the record, an aerial (County Exhibit A) of the property in question.

The Chairman opened the public hearing.

It was noted that the applicant was present in the audience, however, did not wish to address the Board.

No one was present in opposition to the request.

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

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved a request for rezoning from R-1 (Rural Residential) to A (Agriculture), to bring an existing nursery facility into compliance and for future expansion.

PETITION NO. CUP93A/6/1-1 - AMENDMENT TO CUP93/6/1-1

LINDA GREESON AND ALICE ROWLEY - TRACKING NO. 10-97-CUP

Ms. Sharon Farrell, Senior Director, Growth Management, explained this request, a request was for an amendment to CUP93/6/1-1, to add land to an approved aviary, currently on 10 acres, stating that the Petitioners came before the Board in 1993, with a request for the Conditional Use Permit and were granted approval. She stated that, at that time, the only opposition was one neighbor to the east of the property in question. She stated that the Petitioners purchased the adjacent neighbor's property (.67 acres), eliminating the opposition, and came back to the County with a request for an amendment to the CUP. She noted that the Petitioners were requesting some language changes to the CUP, contained in the Board's backup material. She stated that staff was recommending approval of the request. She submitted, for the record, an aerial (County Exhibit A) and plat (County Exhibit B) of the property in question.

The Chairman opened the public hearing.

Mr. Steve Richey, Attorney, representing the Petitioners, appeared before the Board stating that, in the Board's backup material, on Page 1 of the Conditional Use Permit, under Paragraph C. - Buffering, there were three requirements, because of the adjacent neighbor's opposition. He stated that the Petitioners purchased the opposing neighbor's property, soon after the CUP was granted, therefore, did not place the required vegetative buffer, because there was no longer a need to do so. He stated that the acreage being added this date has a mobile home on it and is densely wooded, therefore, requested the Board to delete the requirement for buffering. He stated that, should the Petitioners ever sell said property, they will install the buffering, as required.

A brief discussion occurred regarding the matter, at which time Mr. Sandy Minkoff, County Attorney, stated that he was a little concerned about the request, because the advertising for the case only spoke in terms of adding the additional land, as opposed to changing the terms and conditions of the CUP itself. He suggested that the case be readvertised and continued until a later date.

Mr. Richey stated that he did not have a problem with continuing the case for 30 days, to make sure that everybody understands that the buffering requirements are being deleted, because that was the intention of filing the case. He noted that the acreage being added (.67 acres) was to be the buffering, from this point on.

No one was present in opposition to the request.

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

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to postpone a request for an amendment to CUP 93/6/1-1, to add land to an approved aviary, currently on 10 acres, until the Board Meeting of October 28, 1997.

PETITION NO. PH43-97-4 - AR TO CFD - JOHN AND MARY ANN BEATTY

TRACKING NO. 68-97-CFD

Ms. Sharon Farrell, Senior Director, Growth Management, explained this request, a request to rezone 2.97 acres in the east Lake County area from AR (Agriculture Residential) to CFD (Community Facility District), for the construction of a church and associated uses. She said that staff was satisfied that the request met the County's Land Development Regulations and Comprehensive Plan. She stated that the Petitioners will have to go through a Development Review Process and obtain all the necessary permits to put the use on the site. She stated that there were three letters and one petition, in opposition to the request, contained in the Board's backup material. She stated that the Planning and Zoning Commission approved the request, by a 6-2 vote, with a condition that the local road not be used as access to the property and that concurrency management be met. She stated that there was much discussion at the Planning and Zoning Commission Meeting, with regard to traffic; however, staff and the Planning and Zoning Commission are both of the opinion that a church on the proposed site will not generate enough traffic to be of concern to the neighborhood. She stated that staff was recommending approval of the request. She submitted, for the record, an aerial (County Exhibit A) and a plat (County Exhibit B) of the property in question.

The Chairman opened the public hearing.

Mr. Gerald McCann, a member of the church proposing to purchase the property in question, appeared before the Board stating that the opposition to the request was due to the fact that the adjacent neighbors were afraid that the church's congregation would disturb their horse. He stated that, if it would please them, the congregation could install a buffer of hedges, noting that they had no desire to disturb the neighborhood. He stated that, with regard to the issue of traffic, the church congregation was very small and it would probably be a number of years before they could start building; therefore, there should not be a significant traffic problem. He asked the Board to approve the request.

Mr. Glenn Tucker, an adjacent property owner, appeared before the Board, in opposition to the request, and addressed the issue of the easement, stating that he and his wife spend approximately five to six hours per week maintaining said easement and have been doing so for over five years. He stated that he and his wife moved to Lake County from Orlando, to retire, and built their home, however, noted that, had the proposed church been in place, before they purchased their property, they would not have built their home. He stated that they have no problem with the church, they just feel that the property in question is not the right place for it. He stated that they would like to see the property remain residential. He asked the Board to deny the request and keep the area residential.

Mr. Joel Mastrogiacomo, the owner of a three acre parcel adjacent to the property in question (purchased from the Petitioner, Ms. Beatty), appeared before the Board, in opposition to the request, stating that he and his wife objected to the rezoning, because they are concerned about the additional traffic and safety hazards associated with it; about the potential impact on the environment; and the impact that the church will have on the resale ability and privacy of their property. He stated that he and his wife plan to build a home on their property, in approximately three years, and that, when they do, they will have horses and are concerned about their protection. He stated that they were glad to see that the church will not be allowed to use the easement for access and would like to see the site plan enforced, with the entrance to the church being located off the road and the parking in front of the church. He stated that they would also request that the church be screened with oak trees, rather than a hedge, and that the trees be installed as soon as the property is acquired. He stated that, in order to keep people from using the easement, they would request that a privacy fence be installed on the south edge of the property and that there be no school, no day care facility, and no parish allowed on the property - that the structure only be used as a church and that it be permanent, that no mobile homes be allowed on the property. He asked the Board to deny the request.

Ms. Jean Tucker, the wife of Glenn Tucker, appeared before the Board, in opposition to the request, stating that she and her husband love living in the area in question; however, had they known that anything but residential would be in the area, they would not have purchased their property and built their home.

Ms. Mary Beatty, the Petitioner, appeared before the Board and responded to some comments that were made by the residents in opposition to the request. She addressed the issue of the easement and the fact that it was public access and had been since the time that the property was divided. She stated that she and her husband had been trying to sell the property for some time and noted that, if the Mastrogiacomos wanted to protect their property, they should have purchased the entire six acres.

Ms. Sherry Mastrogiacomo, the wife of Joel Mastrogiacomo, appeared before the Board in rebuttal to Ms. Beatty's comments, noting that, at the time that she purchased her property, Ms. Beatty had a contract pending on the front three acres, with a gentleman that wanted to build a retirement home on the property. She stated that she would have liked to purchase more than three acres, however, that is all that was available at the time.

Mr. Steve Brewer, a member of the church proposing to purchase the property in question, appeared before the Board, stating that the congregation would like to grow, thus the reason for constructing the church - to allow a place where the congregation could meet and grow. He stated that, due to the size of the parcel, only a certain amount of growth could occur, at which point the congregation would probably look for a larger site. He addressed the issue of additional traffic on the road in question, noting that he did not feel it would be greatly impacted, due to the small size of the congregation. He stated that they would do all they could to make sure that the congregation is protected, as well as the environment surrounding the property in question. He asked the Board to approve the request.

Ms. Mary Dunn, a member of the church in question, appeared before the Board stating that the congregation had looked at all the options, with regard to their responsibility for the property in question. She stated that the church grounds would be maintained, that the church would not be a detriment to the area, and that the additional traffic would not generate any more of a hazard than what presently occurs. She requested the Board to approve the request.

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

Commr. Cadwell stated that he was not concerned about a church being located in the area in question, however, was concerned about the size of the property. He stated that he would not support the request.

Commr. Gerber concurred, stating that that was her concern, as well.

Commr. Good stated that he had a similar concern. He stated that the Board's decision would be based on land use, whether the transportation infrastructure was adequate, and whether the character of the neighborhood would be affected.

Commr. Hanson stated that she would like to see the Board limit the size of the building, perhaps to 5,000 square feet, rather than deny the request. She stated that she felt that might solve the problem. She stated that the area is fairly rural, but it is also in the urban compact node of Mt. Plymouth/Sorrento. She stated that, as far as traffic is concerned, it would only be on Sunday mornings and evenings and on Wednesday evenings, which she noted is a time when traffic is fairly low on the roads in the area anyway, therefore, she did not see it as being a problem.

A motion was made by Commr. Hanson that the parking be located in the front of the church; that the church have proper buffering on all sides, particularly on the southern and western edges of the property, to protect the horses that will be in the area; that there be no overnight parking; that no school, day care facility, or parish be allowed on the property; and that the church structure be reduced in size by 5,000 square feet.

The motion died, for lack of a second.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 4-1 vote, the Board overturned the recommendation of the Planning and Zoning Commission and denied a request for rezoning from AR (Agriculture Residential) to CFD(Community Facility District), for the construction of a church and associated uses.

Commr. Hanson voted "No".

RECESS AND REASSEMBLY

At 10:35 a.m., the Chairman announced that the Board would recess for 15 minutes.

ADDENDUM NO. 2

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

ELECTIONS/MISCELLANEOUS

Commr. Swartz brought up, for discussion, a proposal that Commr. Hanson presented at the August 19, 1997 Board Meeting, with regard to the use of the one cent infrastructure sales tax currently being collected by the Cities and the County. He stated that the concept she presented was to try to provide a format for extending the one cent sales tax, after its expiration, which he noted will occur something during the budget year of 2002/2003. He stated that he felt it was important for the Board to put the matter back on the Agenda, for discussion. He stated that he provided some comments regarding the matter, however, wanted to point out the fact that he was just bringing back a proposal that Commr. Hanson had presented at the August 19, 1997 Board Meeting, in which Assistant Superintendent Jerry Cox discussed the matter. He stated that he hoped the Board would discuss the matter, consider it, and modify it, if they felt it was necessary, and try to move forward with the future needs of the County, as well as the municipalities, but to provide a format for which the School System might be able to fund some of their very pressing school needs. He suggested that Commr. Cadwell be requested to take it to the Cities, if the Board supports it, and begin a dialogue with them and then send it to the School Board and the Superintendent, for their consideration, with the idea that it would lead to the Board of County Commissioners, the School Board, and the Cities sitting down and looking at whether or not the one cent proposal would be a good alternative, or something in addition to the funding resources that the School System presently has. He reviewed his proposal, as follows:

1. Submit to the voters, at a reasonably early date, the option to continue the existing one cent sales tax beyond its current date of expiration of budget year 2002/2003.



2. In the interim, assuming that the referendum issue passes between now and the 2002/2003 expiration of the current one cent sales tax, the County and the Cities would consider the possibility of restructuring some of its debt and other capital requirements and, if feasible, begin to split some of the existing sales tax revenues.



3. If the referendum passes, then beginning after budget year 2002/2003, the current sales tax expiration, that the Board consider splitting the new one cent sales tax equally between the School Board, the County, and the municipalities.



Note: An agreement with the Cities would be required in order to accommodate such a split.



4. Given the urgency of the needs of the School Board for additional construction funding, consider a referendum, perhaps as early as February or March of 1998.



5. So as to provide information to the Cities in the most timely fashion, request that Commissioner Cadwell, as liaison to the League of Cities, present the proposal, for consideration, at the next League of Cities meeting.



6. Lastly, if the Board should approve the proposal, or some variation of it, forward it to the Superintendent of Schools and the School Board, for consideration.



Commr. Hanson stated that she appreciated Commr. Swartz bringing the matter back before the Board, for consideration, and noted that her purpose for bringing it before the Board, originally, was to stir the pot and get some dialogue moving. She stated that, since she wrote the letter to Dr. Jerry Smith, Superintendent of Schools, there have been several things that have come to her attention, one being the participation of the Cities in the one cent sales tax, which put a crimp in what she thought might be a very good plan. She stated that, even though the original option that she proposed might not work, she felt that other options might spin off from it. She stated that she was concerned about the fact that the Board has given the public the impression that they are not concerned about school issues, which is wrong, they definitely are, it is just a matter of finding a way to deal with it. She stated that she felt, if the Board could do something this date, it might take care of that concern.

Commr. Cadwell stated that, to begin to split some of the existing sales tax revenues now would be very hard to do, from the County's standpoint, as well as the Cities, especially the smaller cities, because a lot of the projects they are working on are not bonded and they rely on this money to physically do the projects. He stated that the Board would need to make sure that

the Cities are included in the decision making process. He stated that he would like to see the Board minimize what its responsibilities are to the needs that they are required to handle and the ones that they would like to address, such as parks, etc. He stated that, while the School System needs the help, the Board also has responsibilities that it is elected to take care of.

Commr. Good noted some of the programs that the County funds, indicating that he did not feel the public was aware of said programs. He stated that the County's responsibilities are many and encouraged the Board to not rush into a decision, with regard to the matter.

Doctor Jerry Smith, Lake County Superintendent of Schools, appeared before the Board to address this issue, noting that the problem the School System has is the tremendous growth that the County is experiencing, noting that there are 65,000 new students coming into the State each year, with Lake County getting over 1,500 of them. He stated that, in spite of the revenue sources that the County has, their projections show that the School System is getting further and further behind. He stated that he felt it was important for the Board of County Commissioners and the School Board to try to work together on this issue. He stated that he felt the proposal Commr. Swartz brought forward, this date, might be a win/win/win situation for everyone, noting that it will give the School Board a chance to go back to the voters and make sure that they are fully informed, as to how the resources are used, for their best interest. He stated that his staff stands ready to work with the County in any way it can, to come to closure regarding this issue, in a way that everyone can support. He stated that, short of some new revenues, the path that the School Board is currently looking at is to go through a bonding proposal that he noted will be quite expensive. He stated that any opportunity the School Board has to receive other revenues that would either ease the amount of the bonding that they would have to borrow, or speed up the pay back, so that the interest would not be that great, would be appreciated. He stated that the School Board is not yet convinced that they need to go to the voters; however, he felt they would support the proposal before the Board this date. He stated that it would be a way for the School Board, the municipalities, and the Board of County Commissioners to all work together and go to the voters with a plan. He stated that he felt it was important for the voters to understand where all the resources are going and that he knew the School Board would be committed to doing that. He briefly discussed the FAST Committee Report and what came out of it.

Commr. Swartz stated that the Board of County Commissioners was not in competition with the School Board, they wanted to cooperate with them and help them and urged Dr. Smith to convey those sentiments to the School Board, if the Board adopted the proposal.

A motion was made by Commr. Hanson and seconded by Commr. Swartz that the Board support the concept of a workshop meeting, between the administrators of each city and county staff and the School Board Superintendent, to discuss the items listed on the proposal that was submitted this date, by Commr. Swartz, with regard to the one cent sales tax.

Under discussion, Commr. Swartz stated that where the County goes from this point depends in large part on the acceptance and cooperation of the School Board, but he felt it was a step in the right direction and the Board's attempt to help where it can.

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

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/CONTRACTS, LEASES AND AGREEMENTS

LIBRARIES/MUNICIPALITIES

Ms. Wendy Breeden, Library Services Manager, appeared before the Board and explained this request, stating that, on August 19, 1997, the Board approved an interlocal agreement for the provision of library services, which she noted was sent to the governing bodies of the participating libraries. She stated that the County received signed agreements from Fruitland Park and Umatilla and that the Cooper Memorial Library Association voted to approve and sign the agreement; however, the County has not yet received it. She stated that the City of Tavares requested that their attorney submit proposed revisions to the agreement, which she received on September 11, 1997, and after that, the City of Lady Lake approved the Tavares' version of the agreement. She stated that the City Councils of both Mt. Dora and Tavares have met; however, they have not approved an agreement, to date. She stated that the City Attorney for Mt. Dora was directed to make further revisions to the agreement, which she submitted to the Board.

Ms. Sue Whittle, County Manager, gave a brief overview of the situation, noting that the Board had asked that staff look at the agreements, based upon the fact that they expressed interest in looking, overall, at the library system during the next year. She stated that they had asked staff to submit interim one year agreements to the Cities, which she noted are cancelable in 60 days, by either party, with notice to the other, rather than the standard three year agreement. She stated that the County Attorney did not have an opportunity to look at the agreement received from Mt. Dora and that she had only skimmed the document; however, she found some significant changes proposed in it.

Commr. Cadwell questioned what was actually changed in the interlocal agreement that the County sent out, for approval, other than the change from three years to one year.

Ms. Breeden stated that she would go over said changes with the Board, noting that she had copies with strikeouts that she would distribute, for the Board's perusal.

Ms. Whittle stated that most of the changes that were suggested by the County had to do with changes in the State's library laws - the Administrative Code.

It was noted that the purpose of that was to allow the County to receive State funds.

Commr. Cadwell questioned whether the Cities were aware that this issue would be discussed this date.

Ms. Breeden stated that it was on the Agenda; however, she did not notify each city individually. She stated that the Cities of Tavares, Mt. Dora, and Lady Lake were aware of this meeting; however, she was not sure about the other libraries. She reviewed the changes that were made, other than the ones related to the Florida Administrative Code, as follows:

Page 2 - Revisions reflect changes to Florida Administrative Code (F.A.C.)

Section 3. Definitions. Pages 3, 4 and 5 - Revisions reflect changes to F.A.C.

Section 4. Term. Page 5 - Changed effective date.

Section 5. Withdrawal or Termination. Page 6 -

If County terminates agreement, County will have commitment to continue automation system for 3 years. Previous contract committed County for 5 years.



Added wording to make City/Town responsible for deinstallation of automation system if City/Town withdraws from Library System for reasons other than County's failure to comply with Agreement.



"Upon termination of the Agreement by City/Town all real property and equipment with a value in excess of $500.00 purchased with Library Services and Construction Act or Library Services and Technology Act funds...shall remain property of the County." Library Services and Technology Act is federal replacement legislation for Library Services an Construction Act.



Section 6. Disposition of Property, Materials and Equipment. Page 7 - Changes attempt to clarify meaning, but do not change the terms.



Section 7. Staffing. Page 8 - Revision reflects change to F.A.C.



Section 8. Duties and Responsibilities of the Single Administrative Head. Pages 8 and 9 - Revisions reflect change to F.A.C.



Section 9. Purchasing. Page 10 - Revisions reflect changes to F.A.C.



Section 13. Fiscal Responsibility. Pages 13 and 14 - Changes eliminate the previous requirement for the County and the City/Town to exchange quarterly Revenue and Expenditure Reports. The reports were found to be of little administrative value. Instead, City/Town will be required to certify local operating expenditures using the form appended as Attachment B and submit a copy of supporting general ledger that details line item expenditures for library operations.



Section 14. Appropriation of City/Town Funds. Page 14 - This wording is a duplication of wording found in Section 15. Staff included it in Section 14 for added emphasis.



Section 15. Appropriation of County Funds for City/Town. Pages 15 and 16 -



Although the mark-up copy shows a three year period, the final original is for a one year period. This was overlooked when the mark-up copy was reconstructed.



Membership reimbursement was changed to registered patron reimbursement, because membership often implies payment of dues.



Wording was added to ensure that County funds allocated to City/Town be used for library operations, not for the purchase or construction of a library building or library quarters.



Section 16. Automation. Pages 16 and 17 - Revisions were made to this section for the purposes of clarification and updating. For instance, telephone lines were changed to read telecommunications lines.



Section 18. Additional responsibilities of City/Town. Page 19 -



Revised to facilitate reciprocal borrowing with surrounding counties. Any reciprocal borrowing agreements would be implemented on a temporary basis. Impact on local libraries would be assessed at end of trial period. This might be a place where renewal of any reciprocal borrowing agreements would require the approval of all library governing bodies.



Risk Management recommended including wording to ensure City/Town retains control of library building maintenance.



Section 20. Insurance. Page 20 - Changes recommended by Risk Management.



Commr. Cadwell stated that the Board took action, earlier in the year, with regard to the fact that they would sit down with the Cities and talk about the Library System, as a whole, and see if there are major changes that need to be made, which would benefit the Cities as well as the County. He stated that the three libraries that the County has signed in represent over 60% of the users and, as sad as that may be, that may be the best that the County can do this year. He stated that he did not feel there were any major changes that could be made to the agreement that is in place at the present time that would satisfy both the County and the Cities; therefore, he felt

the County needed to move forward with what it had and, if the Cities choose not to sign the agreement, then so be it.

A motion was made by Commr. Cadwell and seconded by Commr. Gerber that the County not change any of the Interlocal Agreements that have been signed by the three participating libraries and to deny a request from Community Services for approval of proposed changes to the Interlocal Agreement between Lake County and the City of Tavares, relating to the provision of library services.

Under discussion, Commr. Swartz stated that the County worked cooperatively with the libraries, even though they had some differences, to provide additional funding that member libraries indicated they needed, plus the County is bringing Fruitland Park into the system; however, he felt the Board needed to respect whatever action the Cities take, for whatever reason.

Commr. Cadwell stated that the Cities have a copy of the original agreement and have the option to sign it, if they wish.

Commr. Hanson stated that, depending on what the outcome is, it will leave a great deal of the County without immediate access to library services. She stated that the County needs to find a way, if it can, to make it work.

Commr. Gerber stated that she felt there was hesitation on the part of the Cities that have not signed, because of the long range plan; however, she hopes they will understand that the County is trying to work with them and is not doing anything to undermine their system.

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

ACCOUNTS ALLOWED/COMMITTEES/COMMUNITY SERVICES

PUBLIC HEALTH

Ms. Allison Thall, Human Services Manager, appeared before the Board and explained this request, stating that two weeks ago, at the North Lake County Hospital Taxing District Board Meeting, the issue of the Lake County Comprehensive Health Care Committee's recommendation that the Board of County Commissioners fund an Indigent Health Care Needs and Services Study was brought up, for discussion. She stated that Commr. Swartz was present at said meeting and noted that a lengthy discussion occurred regarding the matter, as well as a week later, when the issue was brought up again, at which time Commr. Hanson was present.

Commr. Hanson stated that the North Lake County Hospital Taxing District Board agreed to fund up to $12,500.00, to share with the County the costs of said study, however, recommended that it be given to the North Central Florida Health Planning Council. She stated that there was some debate as to whether that could happen. She stated that, according to Ms. Sue Whittle, County Manager, it may have to go out for bid, because it is over $5,000.00.

Commr. Swartz stated that he attended the first meeting that Ms. Thall alluded to, as requested by the Board, and tried to convey to the North Lake County Hospital Taxing District Board the sentiments of the Board of County Commissioners, with regard to the matter, and that he felt, by the time they held their next meeting, they recognized the fact that there was a need to do a study dealing with indigent health care in Lake County. He stated that Leesburg Regional Medical Center, Florida Hospital - Waterman, Life Stream Behavioral Center, and South Lake Hospital, which he noted is not in the North Lake County Hospital Taxing District, each agreed to commit to $5,000.00 towards said study, which is estimated to cost between $20-25,000.00. He suggested that the Board support such a study and ask staff to begin evaluating what process the County will need to utilize. He stated that the County may be required to put out an RFP (Request for Proposal) to solicit other proposals.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to support the concept of an Indigent Health Care Needs and Services Study, as requested by the Lake County Comprehensive Health Care Committee, through Community Services, and share in the funding and directed staff to move forward with the development of an RFP, to solicit other proposals, not to exceed $25,000.00, and bring said information back to the Board, for consideration, at a later date.

BIDS/COUNTY BUILDINGS AND GROUNDS

FIRE AND EMERGENCY SERVICES

Chief Craig Haun, Senior Director, Fire and Emergency Services, appeared before the Board and explained this request, stating that it was a request to dispose of two fire stations that have been closed and vacated since 1993 (Station 65, on Lewis Road, and Station 66, on Lake Griffin Road, at Harbor Hills) and approval to cancel the lease for Station 73, in Ferndale. He stated that Station 65, on Lewis Road, is used for miscellaneous storage and Station 66, on Lake Griffin Road, is currently leased out and the truck bays are being used for additional storage. He stated that Station 73, in Ferndale, is currently leased to the American Legion Post and the lease specifies that the County give them a one year notice, prior to termination of said lease.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Fire and Emergency Services for approval to advertise for bid and dispose of two fire stations (Stations 65 and 66), at not less than the appraised value of each; and approval to notify the lessee of Station 73 of the cancellation of said lease.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Ms. Boyce Price to the Evaluation and Appraisal Report (EAR) Advisory Committees Conservation Element Advisory Committee.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Ms. Helen Jones to the Bicycle/Pedestrian Advisory Committee.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

EDUCATION/MISCELLANEOUS

Commr. Gerber informed the Board that she had been asked to request the Board for funding, on behalf of the Leesburg High School Band, who has been chosen to attend the Peach Bowl this year and have to raise $50,000.00, in order to do so. She stated that the band received some funding from the Leesburg City Commission and had hoped that the Board would donate some funding, as well.

A brief discussion occurred regarding the matter, at which time Commr. Cadwell stated that the Board has always encouraged their members to donate funds to those types of things, as individuals, and would encourage them to do so in this case.

No action was taken.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

COUNTY EMPLOYEES/MISCELLANEOUS

Commr. Swartz brought up for discussion the issue of a newspaper article that was written, with regard to a letter County employees have been receiving, concerning the Whistle Blower Act, and the fact that said letter is inappropriate and is creating a lot of concern and doubt in the employees' minds. The Board found it to be a cowardly approach, in that the letters are unsigned, and they feel very badly about said letters. He stated that he felt the County had some very hard working employees, doing an increasingly better job, and he did not feel they should be subjected to this type of letter. He stated that the individuals who are sending the letters would increase their creditability a great deal by identifying themselves, rather than hiding under an anonymous letter.

No action was taken.

REPORTS

COMMISSIONER CADWELL - DISTRICT 5

RESOLUTIONS/PUBLIC HEALTH

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 1997-173, recognizing October 6, 1997 as Physician's Assistant Day in Lake County.

REPORTS

COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2

MUNICIPALITIES/COUNTY PROPERTY

Commr. Good informed the Board, for informational purposes, that he had attended a meeting in Leesburg the evening prior to this meeting and that there were a couple of agenda items that were of specific interest to him, being the annexation of a considerable amount of property located to the west of the City of Leesburg, into the City limits. He stated that the Board has discussed the annexation of property in Lake County on several occasions and that the Board has, in most cases, supported said annexations, as part of the Cities' expansion plans. However, after said meeting, he felt he was getting mixed messages and wanted to encourage the cooperation between the Cities and the County, in planning for annexation in the joint planning areas, and questioned whether the Board felt it would be a reasonable topic for them to discuss at a retreat. He stated that, in this case, it was a voluntary annexation, with just a few property owners; however, the impact involves an area that is important to him, because it involves his district.

Commr. Hanson stated that several months ago the issue came up and some individuals who had concerns about it asked the Board to look into it. She stated that the guidelines are set by the State, however, felt the Board needed to look at them. She stated that they are happening without the Board's awareness in many cases.

Commr. Cadwell interjected that some are happening, as a result of the County's own rules.

Commr. Good stated that the County has encouraged the annexations, in some cases; however, the problem he had with the annexation that was brought forward at the meeting he alluded to, was that there seemed to be very little discussion, in fact, there was no discussion between the City's staff and county staff, who were planning for the provision of services. He stated that any zone that is a transition area requires enhanced communications. He stated that he addressed the question of having better provision of services for the citizens, because he is in the situation of representing both the citizens of the area in question and the County residents and has a little different view than the City Commissioners would have and he wanted to share that with them.

Commr. Swartz stated that he agreed with Commr. Good on a couple of points, the first one being that he believes county staff needs to be aware of the annexations early on, so they can review them; however, the only notification the Board presently gets is at the end of the annexation process, when it is listed as an Acknowledge Receipt item on the Clerk's Agenda. He suggested that the Board ask staff to avail themselves, at an early date, and coordinate with the Cities, whereby they notify the Board early on of their intent to annex properties and then the Board could have the type of dialogue that would be helpful. He stated that, secondly, with regard to historical policy, while what he said was correct about the Board generally encouraging the annexations, there have been instances where cities have overstepped their bounds somewhat, in their intention to serve their citizens, as well as those in the unincorporated areas.

Commr. Good stated that (1) he felt the Board may benefit from discussing this matter at a retreat and (2) that he felt, through the County Manager, staff could make available to each district Commissioner, if not all the Commissioners, annexation actions that are current.

Commr. Cadwell stated that he receives Agendas from most of the Cities and would copy them for the Board, for their perusal.

Commr. Gerber stated that she had the Annexation Policies that Ms. Valerie Fuchs, Assistant County Attorney, had provided her with and that she would provide the Board members with a copy of same.

INFORMATIONAL ITEM

The following vested rights determination has been issued:

Vested Rights Determination Relating to the East of Tract 39, in Section 35, Township 22 South, Range 26 East, according to the plat of Postal Colony Company, as Recorded in Plat Book 9, Page 65

Lake County will not deny the owner of the East of Tract 39, acting in good faith, the right to continue development of the property, in accordance with the Agricultural Zoning District. Specifically, Lake County shall recognize the East of Tract 39 as a subdivided lot, provided, within three (3) months from the date of this vested rights determination:

1. this vested rights determination is recorded in the Public Records of Lake County, Florida; and

2. the owners of the East of Tract 39, in Section 35, Township 22 South, Range 26 East, according to the plat of Postal Colony Company, as recorded in Plat Book 9, Page 65, dedicate the East eighteen feet (18') of the East of Tract 39 as a roadway easement for ingress and egress, and record deed restrictions in the Public Records of Lake County, Florida, obligating the property owner(s), and releasing Lake County from any obligation, to maintain the easement;

3. the owners of the East of Tract 39, in Section 35, Township 22 South, Range 26 East, according to the plat of Postal Colony Company, as recorded in Plat Book 9, Page 65, dedicate the North eighteen feet (18') of the East of Tract 39 as a roadway easement for ingress and egress, and record deed restrictions in the Public Records of Lake County, Florida, obligating the property owners(s), and releasing Lake County from any obligation, to maintain the easement, should the owner ever intend to request access to the North.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:45 p.m.

__________________________________ WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:





_________________________________

JAMES C. WATKINS, CLERK

sec/9-23-97/10-3-97/boardmin

A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS

PROPOSED TOWER ORDINANCE AND FINAL BUDGET HEARING

SEPTEMBER 23, 1997

The Lake County Board of County Commissioners met in special session on Tuesday, September 23, 1997, at 5:05 p.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; Catherine C. Hanson; Rhonda H. Gerber; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

PUBLIC HEARING

PROPOSED COMMUNICATIONS ANTENNA AND TOWER ORDINANCE

ORDINANCES/GROWTH MANAGEMENT/ZONING

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its second and final reading, 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 SECTION 14.00.03(D)(1), MAIL; AMENDING SECTION 6.06.03(B)(5), MINING SITE PLAN APPLICATION; AMENDING CHAPTER II, DEFINITIONS; AMENDING CHAPTER III, ZONING DISTRICT REGULATIONS, AMENDING SECTION 3.01.02 CLASSIFICATION OF USES, AMENDING SECTION 3.01.03 SCHEDULE OF PERMITTED AND CONDITIONAL USES, AMENDING SECTION 3.01.04 KEY TO CONDITIONS IN TABLE OF PERMITTED AND CONDITIONAL USES #19, TOWERS; AMENDING SECTION 3.11.03 CONTINUATION OF NONCONFORMING USES AND DEVELOPMENT, AMENDING SECTION 3.11.04 TERMINATION OF NONCONFORMING USES AND DEVELOPMENT, CREATING SECTIONS 3.13.00 THROUGH 3.13.17 WIRELESS ANTENNAS, TOWERS, AND EQUIPMENT FACILITIES; AMENDING CHAPTER X, ACCESSORY AND TEMPORARY STRUCTURES AND USES, AMENDING SECTION 10.01.04, SATELLITE DISH ANTENNA; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



Commr. Good noted, for the record, that he had received a Petition to Amend the Proposed Lake County Ordinance Regarding Antenna and Tower Structures to Include Preemption of the Amateur Radio Service in Recognition of FCC (Federal Communications Commission) "Amateur Radio Preemption 101 FCC 2d 952(1985)" and 97.15(e), FCC Rules and Regulations, containing approximately 75 names, requesting that the following amendment be appended to the proposed ordinance, removing any and all other references to Amateur Radio in the document: "All Amateur Radio installations shall be preempted from the provisions of this ordinance, since such installations are already regulated by Federal law and/or regulation." He distributed said petition to the Board, for their perusal.

Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and reviewed the changes that were made to the proposed Ordinance, from the August 29, 1997 document, as follows:

On Page 15, Paragraph No. 2 - Wireless Communications Towers, Line 20 - the language without a public hearing was added, making it consistent with the language in Section 3.13.12 - Modification or Rebuilding.

On Page 18, Section 3.13.94 - Radiation Emission Standards, Line 4 - the language where applicable was added and in Section 3.13.05 - Amateur Radio Station Operators/Receive Only Antennas, Paragraph C., Line 15 - the language regarding the fence was eliminated.

On Page 19, Section 3.13.07 - Setbacks - the chart was amended to where Monopoles more or less than 150 feet was eliminated and the language 400% of the tower height was added, in lieu of 660 feet, or whichever is greater.

On Page 20, Section 3.13.08 - Separation between Towers, Paragraph B, Line 15 - eliminated a duplicate of the language four (4) or more, which was stated twice.

On Page 22, Section 3.13.12 - Modification or Rebuilding - this paragraph was added, to make it a little clearer that, when one is modifying or rebuilding, one does not have to come back for a public hearing, provided there is no increase in height.

Ms. Farrell noted an additional changes, as follows:

On Page 16, Section 3.13.01 - Purpose and Intent, Line 14 - Communications Act should be changed to Telecommunications Act.

Ms. Farrell then questioned the Board, regarding the following:

On Page 21, Section 3.13.08 - Separation between Towers, Lines 1-3 - whether the Board would like to see the information regarding the time and process by which the County would be approving the co-location reductions in the agreement form prior to the public hearing, or prior to the building permit, or whether they would like to discuss other options, or another process. It was noted that staff would like for co-location to be approved, with some type of documentation, however, that it not be built, unless staff saw some type of agreement, in order to verify that there was co-location.

Commr. Cadwell questioned whether it could be done during Site Plan Review, prior to granting a building permit.

Ms. Farrell stated that that would be an option.

The Chairman opened the public hearing.

Mr. John Watson, an Amateur Radio Operator in the County, appeared before the Board and informed them that Osceola County rewrote the Tower Ordinance that they are proposing and preempted Amateur Radio Operators entirely from the Ordinance, with one exception, being that they install their towers per manufacturer's specifications. He stated that he hoped the Board would not require licensed contractors to install the towers. He submitted, for the record, a letter that he had written to the Board requesting them to preempt amateur radio operators from any fees, or to substantially reduce the fees, when applying for a permit to erect their towers, which he read into the record.

Commr. Swartz referred to Page 18, Section 3.13.04 - Radiation Emission Standards, Line 4, of the proposed Ordinance, stating that, at the last public hearing regarding same, the Board added the language FCC standards, where applicable, in order to make it clear for those provisions where amateurs did not come under the same standards. He stated that on Line 16, under Section 3.13.05 - Amateur Radio Station Operators/Receive Only Antennas, Paragraph D., it states, "No other provisions of 3.13 shall apply to amateur radio station operators/receive only antennas, with the exception of 3.13.02 and 3.13.04." and questioned whether it was going to be more difficult for future amateur radio operators to get the necessary permitting and for staff to understand what they come under and what they do not. He questioned whether some additional language needed to be added to Line 17, relating to Section 3.13.04, or whether it was clear that, when one refers back to said section that, if they are not under those provisions, they will not be.

A brief discussion occurred regarding the matter.

Mr. Gus Goings, Assistant Emergency Coordinator for the Lake County Amateur Radio Emergency Services, appeared before the Board and pointed out the fact that the City of Tallahassee and the City of Leesburg exempts amateur radio operators from their Tower Ordinances. He stated that the FCC has come up with new levels of RF (radio frequency) and are cutting down on the amount of power that amateur radio operators can use on certain frequencies, therefore, noted that, if their power is going to be cut, they are going to need taller antennas, in order to maintain communications, and would like the Board to take that into consideration.

Mr. Charles Baumesberger, Mission Homeowners Association, appeared before the Board stating, for informational purposes, that the type of communications being discussed this date are all over the world and that he was informed by a representative of Motorola that communications towers may be obsolete in the near future.

Mr. Brian Milder, a representative of APT Tampa/Orlando, Inc., a wireless communications service provider that intends to provide service to the citizens of Lake County, appeared before the Board and addressed the issue of the setback requirements contained in a chart on Page 19 of the Ordinance, under Section 3.13.07. He stated that his firm is having a problem with the setback requirements, noting that they feel they are going to run into situations where there is going to be one or two residential structures located within a zone that is not on the parent parcel. He stated that he felt the appropriate way to solve the issue would be to allow his firm to obtain waivers from the people that are located within that zone, noting that, if an individual is willing to sign off on his objection to a tower, thereby, allowing his firm's use, or approving of the use on someone else's parcel, he felt that consent should go a long way to satisfying the County's concerns, which is to protect the health, safety and welfare of the people surrounding a tower. He stated that that would allow his firm to work with what the County has, in an appropriate manner.

Mr. Milder submitted, for the record, a letter from Ms. Mary Doty, Foley & Lardner, the law firm representing APT Tampa/Orlando, Inc., in which she provides language that Foley & Lardner suggests be inserted in the Ordinance, at the end of Section 3.13.07, which he read into the record, as follows: "The setback requirements may be reduced when notarized written consent is obtained from those affected property owners within the applicable setback requirement." He requested the Board to keep in mind that, to make the communications work, they have to go to where the people are, noting that, if the County shoves them too far into the rural area, there is no point for them to be there, because nobody will be using the system. He stated that they will have to find a way to co-exist where people are, so that they can use the system and get the benefits of the technology, which he noted is in ever increasing demand, and he feels the waiver is one way to achieve that, while still maintaining the integrity of the Ordinance.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, appeared before the Board and referred to Section 1, Paragraph D.- Mail, of the Ordinance, stating that, as she understood it, the County was changing the requirements for all applications from a 150 foot radius to a 500 foot radius. She stated that her main concern was with the additional language that was added under Paragraph D. 1., which states, "If the property involved is part of a larger parcel, the perimeter of the larger parcel shall be used for this purpose." She requested clarification of said language, noting that she did not know what it meant. She stated that she did not know what the County was trying to accomplish with said language, other than extend it beyond all reason. She stated that the County has already extended the distance over three times and that it is not a legal requirement - it is only a requirement that Lake County is imposing and is much more restrictive or inclusive than in other counties. She stated that it is not a cost that has ever been borne by the County, it is a cost to the applicant.

Ms. Bonifay referred to Page 3, Section 3, Lines 19-23, which addresses the issue of camouflaged towers, stating that she was not sure what a "camouflaged" tower was supposed to be, especially when she looks at the criteria regarding same, addressed on Page 17 of the Ordinance, under Section C., Paragraph 2. She stated that she felt the setback requirements, addressed on Page 19, under Section 3.13.07, were overly broad and fairly extensive, in terms of the distance requirements. She stated that she felt the recommendation the Board received from Foley & Lardner was a good one, in terms of the County having scattered sites, even in rural areas, noting that there will not be a lot of clustered units, since the County likes low density developments, therefore, houses will be sprinkled around, even in the rural areas, where the County seems to want all the towers to be located. She encouraged the Board to consider the language submitted by Foley & Lardner.

Ms. Bonifay referred to Section 3.13.10 - Fencing, on Page 21 of the Ordinance, noting that Lines 22-24 state that everything has to be enclosed as a single entity - the tower, all the supporting structures, and the equipment facilities. She stated that that is a large area to be fenced and that, at one point in time, she felt it was an issue with some of the utility providers, where there may be an equipment facility that is separate from the guyed tower. She referred to Page 22 of the Ordinance, under Section 3.13.11 - Landscaping, noting that she was trying to determine what the public benefit would be to having landscaping around the bottom of a tower that is several hundred feet high. She stated that it seemed to her that there would be a lot of costs in upkeep and maintenance, without any real purpose.

Ms. Laura Bellflower, Attorney, Holland & Knight, appeared before the Board stating that she had sent the Board a letter, which she submitted, for the record, in which she addressed, on behalf of PrimeCo Personal Communications, specific suggested language changes to the proposed Tower Ordinance, which she reviewed with the Board, as follows:

Proposed Change One to Section 4



Add "Antennas" as a separately listed use to reflect that antennas are permitted uses, rather than conditional uses.



Proposed Change Two to Section 3.13.01 - Purpose and Intent



Amend the Purpose and Intent statements to address that the main purpose is to "protect" existing residential land uses and how this purpose will be implemented.



Proposed Change Three to Section 4; Section 3.13.07 - Setbacks; and Section 3.13.08 - Type of Review



A. Address Commercial Towers as Permitted Uses, in limited circumstances, in the "A" district and the non-residential districts. If the tower can't meet those limited circumstances, it would be reviewed as a Conditional Use. The separation from residential uses would be used to delineate the Permitted Uses from the Conditional Uses in those districts.



If Item A. is not acceptable, then it is requested that the following proposed change be considered:



Section 3.13.07 - Setbacks



B. If the Permitted Use/Conditional Use option is not adopted, provide for a waiver, or letter of no objection, from surrounding residents.



Proposed Change Four to Section 3.13.03 - Structural Design



All new towers are required by the Ordinance to be built to Building Code, or higher, standards. There is no need to address a "fall-zone", when the tower has been designed to not fall.



Proposed Change Five to Section 3.14.17 - Conditional Use and Community Facility District (CFD) Criteria



A. If the residential separation is used as a delineation between a Permitted Use and a Conditional Use, it would be appropriate to use the tower separation requirements as a review criteria for the Conditional Uses.



It Item A. is not acceptable, then it is requested that the following proposed change be considered:



Section 3.13.08 - Separation between Towers



B. If the Permitted Use/Conditional Use option is not adopted, it is suggested that the amendment noted on Pages 8 and 9 of the handout be made.



C. If neither Option A. or B. are adopted, it is requested that the change noted on Page 10 of the handout be considered.



Proposed Change Six to Section 3.13.09 - Communication Antenna Co-Location



To encourage the use of existing structures, rather than a new tower, it is suggested that conforming and non-conforming structures be available for antenna attachments, as shown in Paragraph A. of the handout. To clarify that antenna can be placed on conforming and non-conforming towers, the changes shown in Paragraph B. of the handout are suggested.



Ms. Bellflower stated that she did not catch the fact that the Fencing requirement was not changed in the Ordinance. She stated that she felt said issue had been addressed during the

first hearing and that the Board had voted to change said language, therefore, felt that it was an oversight on staff's part. She stated that she would appreciate anything that the Board could do to make the Ordinance more workable for everybody.

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

Discussion occurred regarding the suggested changes, at which time Ms. Farrell, Senior Director, Growth Management, stated that she had reviewed said changes and that the only recommendation she would have would be on Page 16 of the Ordinance, changing Communications to Telecommunications; that she would like to have some discussion, with regard to what point the Board would like to see the contractual commitments, in Section 3.13.08, on Page 21; and that she had failed to mention in her opening comments that there had been some discussion with regard to Section 3.13.07 - Setbacks, on Page 19, to add to Line 14 not only the owner, but the owner's parents and/or children, if there was consent, in writing, from the individual family members.

Commr. Cadwell stated that he was not comfortable enough with the issue of the Setback Requirements to change what the County currently has, with regard to the matter, however, felt that that might be an area that the Board may want to look at, once they go through the process a few times, to see how it works. He stated that there are a couple of areas the Board may want to look at, down the road.

Commr. Gerber requested clarification regarding changes that were made to the Landscape Requirements.

Commr. Swartz brought up for discussion the chart contained on Page 20 of the Ordinance, noting concerns he had regarding same.

Ms. Farrell displayed a copy of said chart on the monitor, at which time changes were noted, as recommended by Commr. Swartz.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the modification of the chart contained on Page 20 of the Ordinance, as recommended by Commr. Swartz.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to add where applicable to Page 18, Line 17, after the reference that is made to Section 3.13.04.

A motion was made by Commr. Hanson to exempt amateur radio operators from the Ordinance; however, the motion died for lack of a second.

On a motion by Commr. Swartz, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved to add Tele to Communications Act, on Page 16, Line 14.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to add the language issuance of building permit to Page 21, Line 1, after the wording Prior to and before the word co-location.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to add the language or his or her parents or children, provided they have consented, in writing, on Page 19, Line 14, after the word properties.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to add the language or individually to Page 21, Line 22, after the word entity.

Discussion occurred regarding the issue of landscaping, at which time the County Attorney, Mr. Minkoff, suggested adding a new Paragraph C. to Section 3.13.11 - Landscaping, to state, "At Site Plan Approval, the County Manager, or designee, may waive some or all of the landscaping requirements, where it is determined that it is not necessary to mitigate visual impact of the tower from nearby viewers."

A motion was made by Commr. Gerber and seconded by Commr. Hanson to approve adding a new Paragraph C. to Section 3.13.11 - Landscaping, with the language, as noted by the County Attorney.

Commr. Swartz amended the motion to change the language, to give the Board the ability to make that same determination, at the public hearing.

Commr. Cadwell seconded the amendment.

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

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

Ms. Farrell, Senior Director, Growth Management, referred to Page 17, Line 15, of the Ordinance, noting that it references Section 3.13.10 - Fencing, and Section 3.13.11 - Landscaping; however, staff did not stay consistent with it throughout the Ordinance. She requested that the titles of the various sections alluded to, throughout the Ordinance, be included with the actual number designation.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to include the actual number designations with the titles of the various sections alluded to throughout the Ordinance, as suggested by staff.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 4-1 vote, the Board adopted Ordinance No. 1997-65, Telecommunications Tower and Antenna Ordinance, as amended, as read on its final reading, by title only.

Commr. Hanson voted "No".

The Board thanked staff for their hard work, in putting the Ordinance together.

RECESS AND REASSEMBLY

At 6:50 p.m., the Chairman announced that the Board would recess for five minutes and would reconvene for the Final Budget Hearing.

PUBLIC HEARING

FINAL BUDGET HEARING

BUDGETS/COUNTY FINANCE

Ms. Sue Whittle, County Manager, read into the record the percent by which the millage rate exceeds the rolled-back rate, noting that the Tentative Budget for FY 1997-98 of $158,884,699.00 was approved September 9, 1997. She stated that the adjustments, in the amount of $189,797.00, were detailed on Attachment A of the Budget handout. She stated that the rolled-back rate in the Countywide General Fund is 4.733 mills and the tentative millage rate is 4.733 mills, which is a 0% increase over the rolled-back rate. She stated that the rolled-back rate for the Lake County Ambulance District is 0.154 and the Tentative Millage Rate is 0.158, which is a 2.60% increase over the rolled-back rate. She stated that the reason for same is to increase the Contingency Reserves, for future planning purposes. She stated that the total budget is $159,074,496.00.

The Chairman opened the public hearing.

Mr. John Christian, representing the Men of Distinction, in Leesburg, appeared before the Board, noting that said group is the recipient of a Citizens' Commission for Children Grant, in the amount of $12,500.00. He thanked the Board for their support, noting that his group has a great impact on the children of Leesburg and that they look for continued success in cooperation with the local county government.

Mr. Chris Couture and Ms. Cori Lux, from South Lake High School, appeared before the Board, on behalf of the school's ACE (Adopting Communities for Excellence) Program, and distributed, for the record, a handout from Ms. Evelyn Robinson, ACE Coordinator for South Lake High School, containing a letter describing their request for this year's funding; a letter of appreciation, for money that had been donated to said program, which they read into the record; and an overview of this year's theme and individual projects for the rest of the year.

Ms. Desiree Corum, Associate Director for Dependency Mediation in Lake County, appeared before the Board, on behalf of HAVEN, the shelter for domestic violence victims in Lake County, and appealed for additional funding for the shelter.

Ms. Carol Barba, Director of the Women's Care Center, in Leesburg, a shelter for women and children who have been displaced because of substance abuse, domestic violence, poverty, etc., appeared before the Board and appealed to them to reconsider their contribution to HAVEN.

Ms. Claudia Bolgrin, a resident of Umatilla, appeared before the Board stating that she was a survivor of violence and appealed to the Board for funding for HAVEN.

Ms. Sally Hiles, representing Reach Ministries, in Mt. Dora, appeared before the Board and appealed for funding for HAVEN.

Ms. Katrina Boone, Children's Home Society, appeared before the Board and thanked them for their funding for the Baby Dangerfield and Baby Net Programs, noting that she appreciates the fact that the Board is willing to make a difference..

Ms. Dolores Bowker, a resident of Tavares, appeared before the Board and appealed for funding for HAVEN, noting that the Board needed to go to HAVEN, to see why they need the money they are requesting.

Mr. Ron McQuinn, one of the members of the Citizens' Commission for Children, as well as a member of the Steering Committee for Big Brothers/Big Sisters, appeared before the Board and thanked them for their support, noting that, with the budget request they submitted, well over 2,000 children in Lake County will be served.

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

Commr. Hanson appealed to the Board to give the $10,000.00 that was taken away from HAVEN back to them, noting that they are doing tremendous good in the community. She stated that there is a great need for HAVEN in Lake County.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1997-174, adopting the final millage rate of 0.158 for the Lake County Ambulance District, for Fiscal Year 1997/98.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1997-175, adopting the final millage rate of 4.733 for Lake County, for Fiscal Year 1997/98.

On a motion by Commr. Cadwell, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1997-176, adopting the final budget for Lake County, for Fiscal Year 1997/98, in the amount of $159,074,496.00.

The Board thanked Ms. Whittle, County Manager, and the Budget staff for their hard work, noting that the budget process had been a great one.

Ms. Whittle, County Manager, thanked Ms. Barbara Lehman, Chief Deputy Clerk, County Finance; Ms. Sarah LaMarche, Budget Director; Mr. Kevin McDonald, Senior Budget Analyst; Ms. Tracy Zeller, Senior Budget Analyst; and Ms. Julia Wilson, Budget Analyst, for their hard work, noting that putting the budget together was a nine month process and that she felt they had done a wonderful job.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 7:35 p.m.



___________________________________

WILLIAM "BILL" H. GOOD, CHAIRMAN



ATTEST:





_________________________________

JAMES C. WATKINS, CLERK



sec/9-23-97/10-3-97/boardmin