A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 17, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, February 17, 1998, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Assistant, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.

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

LEADERSHIP LAKE COUNTY CLASS

Commr. Cadwell introduced Ms. Brenda Arrow, a member of this year's Leadership Lake County Class, to the Board and informed them that she would be serving her internship with them this date.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that there was an Addendum to the Agenda and that it had been properly advertised. She requested that Tab 12, under the County Manager's Consent Agenda, a request from Public Works for approval and execution of a Proclamation declaring the week of February 22-28, 1998 as National Engineer's Week in Lake County, be pulled and heard at the beginning of the meeting.

Commr. Hanson requested that Item I. A., on the Addendum, under the County Manager's Departmental Business, a request from Facilities and Capital Improvements for discussion of a Letter of Intent to purchase one lot in the Christopher C. Ford Central Park, be pulled until a later date.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 20, 1998, as presented.

CLERK'S CONSENT AGENDA

Ms. Sandy Carter, Recording Secretary, informed the Board that Item I. A. 1., on the Clerk's Consent Agenda, a request from Public Works for approval of a transfer from County Transportation Trust, Special Reserve, to Machinery and Equipment, in the amount of $2,000.00, be pulled until a later date, at the department's request.

A motion was made by Commr. Hanson and seconded by Commr. Gerber to approve the Clerk's Consent Agenda.

Under discussion, Commr. Swartz noted that Item 9, a request to acknowledge receipt of Ordinance Nos. 98-01 through 98-03, from the City of Leesburg, annexing certain properties into the city limits of the City of Leesburg, was just acknowledging receipt of said ordinances, however, questioned Mr. Sandy Minkoff, County Attorney, as to what the Board's options were, with respect to said annexations.

Mr. Minkoff stated that the only option the Board would have, at this time, would be to acknowledge receipt of the ordinances, due to the fact that they were adopted by the City Commission of the City of Leesburg January 12, 1998. He stated that, if the Board had intended to appeal the annexations, it would have had to have been within 30 days of the effective date.

Discussion occurred regarding the annexations, at which time Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that said annexations did not meet the County's locational criteria, therefore, would be inconsistent with the County's Comprehensive Plan.

Commr. Swartz requested that the matter be put on a future Board agenda, for further discussion, to determine what action the Board may want to take.

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

Budgets/Budget Transfers/County Finance

Request for approval of Budget Adjustments for FY 97/98, as follows:

A. Transfers



1. Fund: General

Department: Economic Development

From: Contingency $53,850

To: Several $53,850

Transfer #: 98-103



Justification: Funding needed for the position and related expenses of the EDC Director, which the Board approved on January 6, 1998.



2. Fund: Solid Waste Capital Projects

Department: Solid Waste Management

From: Buildings $33,300

To: Improvements Other Than Buildings $33,300

Transfer #: 98-104



Justification: Transfer needed to place already budgeted projects to proper account.



3. Fund: General

Department: Constitutional Officer/Sheriff

From: Contingency - Sheriff $10,000

To: Law Operating $10,000

Transfer #: 98-105



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



4. Fund: Facilities and Capital Improvements

Department: Christopher C. Ford Central Park

From: Construction in Progress $35,000

To: Contractual Services $35,000

Transfer #: 98-108



Justification: In order to proceed with the development of Phase II of Christopher C. Ford Central Park, it is necessary to have funds available for a development of regional impact as well as review fees for East Central Florida Regional Planning Council.



Bonds- Contractor



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



New



4732-99 David Wieckhorst (Carpentry)

5511-98 John R. Potocnak d/b/a Allied Roofing

5518-98 Robert Russell Rydberg (Building)

5593-98 Joseph Earl Rayl d/b/a Rite Price Roofing, Inc.

5594-98 Steve Simpson Construction & Ocala Specialty Hardware, Inc.

5595-98 Robert W. McKinney d/b/a Bob's Kitchen and Bath



Accounts Allowed/Courts-Judges



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



State of Florida vs. Allen Paul Martin, in the amount of $250.00 - Case No. 8100310CFA01.



State of Florida vs. Michael Jungferman, in the amount of $250.00 - Case No. 96-00779-CFA01.



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



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending January 31, 1998, in the amount of $140,338.42. Same period, last year: $155,952.26.



Utilities



Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to Alltel Florida, Inc.; AT&T Communications of the Southern States, Inc.; BellsouthTelecommunications, Inc.; GTE Florida Incorporated; MCI Metro Access Transmission Services, Inc.; Northeast Florida Telephone Company, Inc.; Sprint-Florida, Incorporated; Time Warner Communications; and All Other Interested Persons - Docket No. 970526-TP, Generic Consideration of Incumbent Local Exchange (ILEC) Business Office Practices and Tariff Provisions in the Implementation of Intralata Presubscription - Public Hearing - Monday, February 23, 1998, 9:30 a.m., Room 148 Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida; and Prehearing - Monday, February 9, 1998, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.



Municipalities/Resolutions



Request to acknowledge receipt of Resolution No. 5351, from the City of Leesburg, for the purpose of communicating to the Lake County Board of County Commissioners the position of the Lake County municipalities, regarding distribution of the six (6) cents local option gas tax, which is currently being levied; providing an effective date; passed and adopted at the regular meeting of the City Commission of the City of Leesburg, held on the 26th day of January, 1998.



Utilities



Request to acknowledge receipt of Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons; Docket No. 980001-EI - Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor; Docket No. 980002-EG - Conservation Cost Recovery Clause; Docket No. 980003-GU - Purchased Gas Adjustment (PGA) True-Up; Docket No. 980007-EI - Environmental Cost Recovery Clause. Notice is hereby given that a prehearing will be conducted on February 16, 1998, at 1:30 p.m.; and a public hearing will be conducted on February 25, 1998, at 9:30 a.m., at the Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinances from the City of Leesburg, as follows:



Ordinance No. 98-01, annexing certain property owned by G. A. Smith, Jr., said property consisting of approximately 50 acres and being generally located west of U.S. Highway 27, south of the Palatlakaha River and north of Ridgecrest R.V. and Mobile Home Resort, lying in Section 24, Township 20 south, Range 24 east, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg; providing that such annexed territory shall be rezoned from County RMRP (Mobile Home Rental Park) to City C-3 (Highway Commercial); providing for an effective date; passed and adopted at the regular meeting of the City Commission of the City of Leesburg, held on the 12th day of January, 1998.



Ordinance No. 98-02, annexing certain property owned by Reed Hunter Logan, said property consisting of approximately one acre and being generally located on the west side of U.S. Highway 27, directly north of Ridgecrest R.V. and Mobile Home Resort, lying in Section 24, Township 20 south, Range 24 east, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg; providing that such annexed territory shall be rezoned from County RMRP (Mobile Home Rental Park) to City C-3 (Highway Commercial); providing for an effective date; passed and adopted at the regular meeting of the City Commission of the City of Leesburg, held on the 12th day of January, 1998.



Ordinance No. 98-03, annexing certain property owned by the City of Leesburg, said property consisting of approximately seven 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 such annexed territory shall be rezoned from County LM (Light Manufacturing) to City C-3 (Highway Commercial); providing for an effective date; passed and adopted at the regular meeting of the City Commission of the City of Leesburg, held on the 12th day of January, 1998.



Said Ordinances are to be reagendized by the County Manager, for future discussion, regarding the fact that said properties do not meet the County's Comprehensive Plan criteria.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz noted that Tab 12, a request from Public Works for approval and execution of a Proclamation declaring the week of February 22-28, 1998 as National Engineer's Week in Lake County, was being pulled from the Consent Agenda, to be handled separately.

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

Community Services/Contracts, Leases and Agreements



Request from Community Services for approval and execution of Consolidated Annual Contributions Contract between Lake County and the U.S. Department of Housing and Urban Development, for amended projects FL135DE0005 and FL106VO0007.



Community Services/Grants



Request from Community Services for approval of release of Request for Proposal (RFP) for Local Law Enforcement Block Grant.



Community Services/Contracts, Leases and Agreements/Medical Examiner



Request from Community Services for approval and execution of Interlocal Agreements between Lake County, the Medical Examiner, and each of the four counties comprising the 5th Judicial Circuit Medical Examiner District (Citrus, Hernando, Marion and Sumter).



Community Services/Commissioners/Committees/Resolution



Request from Community Services for approval and execution of Resolution appointing Commissioner Catherine Hanson to the Affordable Housing Advisory Committee, for a one year term.



Contracts, Leases and Agreements/Economic Development



Request from Economic Development for approval and execution of the Transportation Impact Fee Deferral Agreement between Lake County and R.N. Little Companies.



Contracts, Leases and Agreements/Economic Development



Request from Economic Development for approval and execution of the Transportation Impact Fee Deferral Agreement between Lake County and Maritec Industries.



Accounts Allowed/Economic Development



Request from Economic Development for approval of Jobs Growth Investment Trust Fund monies between Lake County and Maritec Industries, in an amount not to exceed $150,000.00.



Accounts Allowed/Public Works/Subdivisions



Request from Public Works for approval to release a Letter of Credit, for performance, in the amount of $710,226.00, for Royal Highlands Phase 1-B.



Contracts, Leases and Agreements/Public Works/State Agencies



Request from Public Works for approval and execution of Reciprocal Fee Waiver Agreement between Lake County and the Florida Department of Transportation.



Municipalities/Public Works/Resolutions/Signs



Request from Public Works for approval and execution of Resolution authorizing the posting of "No Parking on Right-of-Way" signs on both sides of C.R. 561A, at its intersection with U.S. 27, in the Minneola area.



Municipalities/Public Works/Rights-of-Ways, Roads and Easements



Request from Public Works for approval and execution of Internal Revenue Service donee acknowledgment for right-of-way dedication in Lady Lake.





Deeds/Public Works



Request from Public Works for acceptance of the following:



Statutory Quitclaim Deed



Richard Ervin Pennington

Thomas Boat Landing Road (5-7940)



Statutory Warranty Deed



Sue B. and Wilburn P. Evans

Deer Road (4-9787K)



Elsa A. Kobel

Windmill Road (2-2917)



Accounts Allowed/Contracts, Leases and Agreements/Purchasing/Solid Waste



Request from Purchasing for approval and execution of a three year contract between Lake County and Malcolm Pirnie, Inc. (RFP No. 97-088), to supply engineering consulting services for Solid Waste Management, in the amount of $98,950.00; and approval and execution of a three year contract between Lake County and Glace & Radcliffe, Inc. (RFP No. 97-088), to supply engineering consulting services for Solid Waste Management, in the known amount of $163,158.00.



Committees/Resolutions/Tourist Development Council



Request from Tourist Development Council for approval and execution of Resolution appointing Commissioner Catherine Hanson as Chairman of the Tourist Development Council, for a one year term.

PERSONAL APPEARANCES

PRESENTATIONS

PUBLIC WORKS/RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and execution of a Proclamation declaring the week of February 22-28, 1998 as National Engineer's Week in Lake County.

The Chairman presented the County's engineers with said Proclamation.

Ms. Lora Bailey, Engineer III, Public Works, addressed the Board, stating that, in celebrating National Engineer's Week, the County's engineers will be visiting the middle schools in Lake County and speaking to eighth graders about practical applications of math, science, and technology, to increase their interest in those subjects, and to let them know the opportunities in engineering. She stated that, to do so, she needed a lot of help and thanked the County's engineers for participating in said project.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

COMMITTEES/ORDINANCES/TOURIST DEVELOPMENT COUNCIL

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 13, LAKE COUNTY CODE, ARTICLE III, TOURIST DEVELOPMENT TAX; PROVIDING FOR AMENDMENT TO SECTION 13-48, TO LIMIT MEMBER ABSENCES FROM TOURIST DEVELOPMENT COUNCIL MEETINGS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



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 unanimously, by a 5-0 vote, the Board approved Ordinance No. 1998-19, as read on its first and final reading, by title only.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

AMBULANCES-HOSPITALS/COUNTY MANAGER

Ms. Sue Whittle, County Manager, informed the Board that the ambulance rate adjustments proposed this date were due to some new Federal regulations dictated by the Health Care Financing Administration (HCFA) and that, due to said regulations, Florida Regional Emergency Medical Services will be required to use a new uniform billing method for Medicare. She stated that Attachment B, contained in the Board's backup material, was the rate schedule that was used when the ambulance company came before the Board in October of 1997. She stated that the proposed rate was the current rate. She noted that the changes were required to be in place by March 1, 1998.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager for approval of the ambulance rate adjustments, as presented, to become effective March 1, 1998.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

TOURIST DEVELOPMENT

Mr. Dave Warren, Tourist Development Council Director, addressed the Board stating that the Tourist Development Council (TDC) was requesting approval to increase the County's participation with the Orlando Area Sports Commission (OASC), from $50,000.00 to $75,000.00, for the coming year, as well as the next three years. He stated that the TDC has been extremely happy with the various events that the OASC has brought into the County.

Commr. Cadwell informed Mr. Warren that the information the Board receives from the OASC, on a monthly basis, indicating where the County's monies are going and how it is being spent, was very helpful.

Commr. Good questioned what the additional $25,000.00 was going to purchase, in terms of new events, or upcoming activities.

Mr. Randy Johnson, President of the Orlando Area Sports Commission, addressed the Board, stating that, when the OASC first proposed their relationship with Lake County, they talked about pursuing sports related activities and business and community opportunities, regionally, and, because the OASC approached the County, they offered the County a substantially reduced rate ($50,000.00 rather than the normal $75,000.00) for the first two years, to prove themselves. He stated that they wanted the opportunity to partner with Lake County and have a couple of years to prove that they have the capacity to sell and bring opportunity and business to the community, however, noted that they have been operating at a deficit level, for the County.

Mr. Johnson stated that he felt the reason the OASC has had so much success in Lake County was due to Mr. Brent Nelson, Lake County's representative on the OASC, who is housed at the Welcome Center, in Groveland. He stated that he is dedicated to Lake County and is quite the County's advocate. He stated that the package that was put together for the Board (contained in their backup material) shows that the OASC has very meticulously tracked the bed tax, the sales tax, and the ad valorem tax that has been recouped from the various events that have come to Lake County and that it shows the County has had a substantial return on its investment, which they are very proud of. He stated that they will continue to work as hard as they have in the past to sell Lake County and bring to it the kind of economic growth and impact that it wants for its future.

Commr. Hanson stated that she appreciated what the OASC has done for the County.

Commr. Good stated that he would like to see the OASC involve the County's youth in the sports program.

Mr. Johnson reappeared before the Board and addressed said concern, noting that the OASC understands, loud and clear, that youth is a priority in Lake County. He discussed what activities the OASC is currently involved with, which involves youth, and noted that they are going to continue said programs.

Mr. Brent Nelson, Lake County's representative on the OASC, addressed the Board about a concern Commr. Good had regarding some of the County's local ski schools. He stated that the OASC supported the 1997 World Disabled Water Ski Championships, which were held at Sunset Lakes Water Ski School, and were able to get some of the local television stations in Orlando to do some great stories on the championships. He noted that there are many more events on the horizon that the OASC is looking forward to bringing to Lake County.

Commr. Good challenged the OASC to assist the County in developing equestrian events, noting that he feels it is an area that the County can expand upon.

It was noted that Lake County is recognized as a premier place to bicycle thanks, in part, to Mr. Fred Sommers, who was putting on top notch triathelons in the County, before they were well known.

Commr. Hanson thanked Mr. Edd Holder for his participation in the sports and economic activities in the County.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Tourist Development for approval and execution of a contract between Lake County and the Orlando Area Sports Commission, for a period of three years; and approval to encumber and expend $75,000.00 in membership fees, per year, for said three years.

COMMUNICATION SYSTEMS/RESOLUTIONS/ROADS-COUNTY AND STATE

Commr. Cadwell informed the Board that this request was for approval to rename a road in his district. He stated that the County received one letter in opposition, from the Cottom family (Cottom's A-1 Sod), who were the original developers of the property in question. He stated that the roads in their subdivision (Edge Hill Estates) were named after their children; therefore, they were opposed to said name change. He stated that a "Stop" sign separates two portions of the road in question, therefore, felt it was a clear determination that the road could become two separate roads, without any problem. In fact, he felt that, in talking to Mr. Bruce Thorburn, Communication Systems Director, it would enhance the safety factor, as far as 9-1-1 is concerned. He stated that he was going to vote to approve the request.

Chief Ed Nathanson, Lady Lake Police Department, appeared before the Board, stating that he was present as a private citizen, not representing the Police Department. He stated that, when he and his wife purchased their property, they approached Mr. Cottom about the issue of the name change and he had no objection to it, at that time. He stated that he and his wife are wanting to change the name, not only for personal reasons, but for safety purposes, as well. He noted that they are in the process of building a home at the site and the contractor has informed them that some people do not know where the house is, due to the configuration of the road.

Mr. Bruce Thorburn, Communication Systems Director, addressed the Board, stating that, from a public safety standpoint and the fact that someone erected a "Stop" sign at the corner of Hutchinson Way and Sherydan Glenn, there has already been some problems involved with it; therefore, felt that, whether the Board chooses to change the name to Shea's Cove or not, the name should be changed to something.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Communication Systems for approval of Resolution No. 1998-31, renaming the northern portion of Sherydan Glenn to Shea's Cove.

COMMUNITY SERVICES/PUBLIC HEALTH

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board, stating that the Lake County Comprehensive Health Care Committee established a sub-committee of approximately six people, who came up with a basic concept of what they would like to see in the Request for Proposal (RFP) for the Lake County Indigent Health Care Study. He stated that they would probably request a response time of 30 to 45 days, which would make it sometime in April of this year, at which time they will establish a review committee, to go over the proposals and make a recommendation to the Board, as to who the County will contract with.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to release a Request for Proposal (RFP) for the Lake County Indigent Health Care Study.

RECESS AND REASSEMBLY

At 9:50 a.m., the Chairman announced that the Board would recess until 10:00 a.m.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PRESENTATION - PALATLAKAHA ENVIRONMENTAL AND AGRICULTURAL RESERVE (P.E.A.R.)

GROWTH MANAGEMENT/WATER RESOURCES

Mr. Joe Stephany, Chairman of the Lake County Soil and Water Conservation District, appeared before the Board and gave a presentation regarding the Palatlakaha Environmental and Agricultural Reserve (P.E.A.R.). He stated that it was to advise the Board of an opportunity to conserve a valuable natural resource in Lake County, being the 260 acre IFAS (Institute of Food and Agricultural Sciences) parcel that is currently occupied by the University of Florida's Research Center, south of Leesburg, on Hwy. 27. He stated that, unless the County takes prompt action, the land will be sold and its future will be lost for public use. He stated that a group of concerned citizens (P.E.A.R.) came up with some ideas, regarding what the County could do with the land, if it became available. He stated that the land being sold was made possible by the Florida Legislature, which enacted legislation in 1990, authorizing the University of Florida to sell the land, to consolidate their research centers to a new site near Apopka. He stated that the land is a prime piece of farmland, which is bounded on the north and west by the environmentally sensitive Palatlakaha River. He stated that the concept the P.E.A.R. group put together was contained in the Board's backup material, however, noted that it was not locked in concrete. He noted that he had not yet made a presentation to the Agricultural Advisory Committee, however, planned to do so March 3, 1998 and hoped to come back to the Board with a favorable recommendation. He stated that this could be a win/win situation.

Commr. Hanson made the following suggestions, for utilizing the property: (1) relocate the current Agricultural Center to the site in question, which would free up $450,000.00 that is going to be needed to renovate the center, which could be put into something new that would meet today's needs better than the center that is currently in place; (2) move the Fairgrounds to the site, which would free up 100 acres that has been set aside in the industrial park, for only one week out of the year, as far as the Fair is concerned, and; (3) relocate the Horticultural Learning Center to the site, which would be a better location than where it is currently located. She noted, however, that she felt all the suggestions she mentioned should be referred to the Agricultural Advisory Committee to, along with the P.E.A.R. group, look at all the possibilities for said site.

Mr. Stephany interjected that the County needs to move promptly, regarding the matter, because the property is scheduled to be appraised and the process could start as early as September of this year. He noted that the St. Johns River Water Management District supports the concept.

Ms. Kathy Benton, a member of the P.E.A.R. group, appeared before the Board and reviewed a conceptual plan (contained in the Board's backup material) that the P.E.A.R. group drew up for the property in question, indicating such things as a community garden, the Agricultural Museum, an education center, a linear park along the Palatlakaha River, etc., which she elaborated on. She stated that they are looking for input from the people who live in the area, because it is going to impact their lifestyles. She noted that it was originally felt the property was worth $1.4 million; however, in recalculating the acreage and applying current land values, it is felt that the property is probably worth closer to $2 million.

Commr. Good stated that the County's legislative delegation voted in favor of the property staying in public use and noted that a letter to that effect was sent to the Internal Improvement Trust Fund, who owns title to the property.

Ms. Benton reappeared before the Board, stating that the University has a schedule for selling the property, noting that it has to be appraised. She stated that they are in the process of surveying it now and, when they get the appraisals done, they will put out bid packets. She stated that, apparently, the first round of bids is offered to anybody (people or public agencies) within the County. She stated that the bid packet is not scheduled to be released until September of this year. She stated that they have determined that the final disposition on the property goes through the trustees of the Internal Improvement Trust Fund, which she noted is, by definition, the Governor and his cabinet. She stated that the P.E.A.R. group has started a campaign to get the Governor and the Cabinet aware of what is going on and, if it gets away from the group and gets as far as the Governor's office, hopefully, they can put a halt on it, until the P.E.A.R. group can come up with the funding that they need. She stated that the deadline for application for the Communities Trust Fund Grant is April of this year so, hopefully, by June she hopes the group will have an answer from them. She stated that she felt the County should bid on the property.

Commr. Cadwell stated that he wanted to withhold his opinion until he has heard what the Agricultural Committee has to say about the matter. He stated that, while the land costs may not be a big deal, one way or the other, he feels there will be tremendous operational costs on a project this size. He stated that there are so many unanswered questions regarding it.

Commr. Gerber stated that she would like to see the Board do whatever it can to help expedite the plan - at least give its nod, as far as letting staff help with the grant application, and see where the County can go from there.

Commr. Good concurred, noting that he definitely feels the Board should give the program the verbal nod and look internally for ways to assist in seeking the grant.

Commr. Hanson stated that she feels it is a wonderful idea, but the bottom line is that the Board has to look at how it is going to fund it, on an ongoing basis, otherwise, it would be completely irresponsible on their part.

Commr. Swartz stated that he feels the County needs to provide the resources to help the P.E.A.R. group move forward and try to keep the property in public ownership, noting that it would be a great loss if the property should leave public ownership, given the nature of the Palatlakaha River and some of its historical uses. He stated that he would hope the Board would authorize the County Manager and staff to work with the P.E.A.R. group, in trying to make it a reality.

Mr. Bill Duval, Chairman of the Agricultural Advisory Committee, addressed the Board, stating that the Agricultural Advisory Committee is not against the project in any way, shape, or form; however, they would like to be more informed. He stated that he would hope the Board would allow the committee to meet with the P.E.A.R. group and come up with a recommendation.

Mr. John Kennedy, a recently appointed member of the Agricultural Advisory Committee, addressed the Board regarding a concern he had about the P.E.A.R. group wanting to spent approximately $2 million for the property in question, when they do not really know what they are going to do with it, as well as the fact that there is a great desire to keep the property as public land, noting that he feels the amount of public land in Lake County is significant, which he elaborated on. He requested the Board to defer any decision on the matter until the Agricultural Advisory Committee has had an opportunity to become more informed about it and can make a recommendation.

Mr. Brad Blanton, President of the Lake County Farm Bureau and a member of the Agricultural Advisory Committee, addressed the Board, stating that there may be other groups that might be interested in being included in the discussions. He stated that he felt it would behoove the County to include as many people as possible in the decision making process, due to the fact that it is a major undertaking. He stated that the Agricultural Advisory Committee knows very little about the project, because they were only introduced to it two to three months ago, and they were not informed that a presentation was going to be made this date, which gives the impression to certain people in the agricultural community that things are being run over them. He stated that, if it is going to be the kind of project that everyone can be proud of, a little more effort needs to be made to draw in the agricultural community. He stated that he would like to see the property preserved, but noted that there are a lot of questions that need to be addressed. He stressed the fact that the Board needs to work harder to make sure that everybody that can be involved is, to make the project a better one.

Dr. Robert Taylor, Executive Director, Lake County Water Authority, addressed the Board, stating that the project only got started last Fall. He stated that he wanted to reassure the people who have not been involved with it that it is not something that has been underway for a long time and that a lot of plotting has not been done to do things a certain way. He stated that the whole thing has evolved week to week, so people have not been left out on purpose. He discussed the Florida Communities Trust Grant, noting that it is a means of assisting cities and counties in attaining the goals of their Comprehensive Plan. He stated that the LCWA has tried to acquire, either through purchase or some sort of easement, protection for that stretch of the Palatlakaha River that is in question. He stated that their interest is primarily in that regard and, hopefully, a lot of the other agricultural agencies and educational organizations will be supportive of the other components of the project.

Mr. Stephany reappeared before the Board stating that he was only asking them for their support of the concept and making staff available to the P.E.A.R. group. He stated that they want to involve the Board of County Commissioners, the Farm Bureau, and anybody else who is interested; however, they do not want to get the project into a politicized posture, to where so many problems are piled at it that none of them can be solved. He stated that, if the problems are solved one at a time, as they are identified, the project will move forward and everybody will benefit.

A motion was made by Commr. Good and seconded by Commr. Gerber that the Board adopt the position that parallels the position adopted by the County's Legislative Delegation, which is that the Palatlakaha Environmental and Agricultural Reserve (P.E.A.R.), which has been purchased for public use, remain in public use and that the Board take whatever interventions are necessary in communicating with the State and the Internal Improvement Trust Fund members that the Board also supports that position, so that the County has a united front.

Under discussion, Commr. Cadwell stated that he would support the motion, however, would have preferred that it said, "this property, or portions of it...", because he feels there may be opportunities outside government for other portions of it.

Commr. Good stated that he was not trying to lock it down, noting that he realizes there may be possibilities for some trades of portions of the property that might actually benefit the project.

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

A motion was made by Commr. Good and seconded by Commr. Hanson that the Board authorize the County Manager and staff to bring together various groups from the community, to explore the conceptual master plan for use of the Palatlakaha Environmental and Agricultural Reserve (P.E.A.R.) property, as well as explore the possibility of obtaining grants that would support the master plan, once it is developed.

Under discussion, it was noted that said group will probably not come together until after March 3, 1998, when the Agricultural Advisory Committee will have had an opportunity to discuss the matter.

Commr. Gerber questioned whether the County would become the lead agency on the conceptualization of the plan.

It was noted that the County will not, however, it will be the lead agency on the funding of the project.

Commr. Good stated that the County will not be the lead agency, the Board just authorized the County Manager and staff to work with the developing of the concept master and the grant application.

Commr. Hanson stated that she felt, by doing so, the County will become the lead agency.

Commr. Good stated that he felt there was already a group that would attend those meetings, from both groups represented this date, as well as some other groups that may be watching the telecast, when those meetings are announced, who would participate in the process. He stated that, if it is going to be a community project, it needs to involve the community and move forward with unity.

Commr. Swartz stated that, at this point in time, it would be presumptuous for the County to take over the effort that was begun by the Lake County Soil and Water Conservation District. He stated that he would assume the County would work with the P.E.A.R. group, but that, as presentations are made to the Agricultural Advisory Committee, the agricultural community, the Recreation Committee, and others, that the County would end up with a broader group, but that it would lend them aid and support, with the use of county staff.

Ms. Sue Whittle, County Manager, stated that, up to this point in time, several staff members have been involved with the project and will continue to be involved, however, clarified the fact that the County has no plans to develop the master plan, as she understands it.

Commr. Good apologized to the Agricultural Advisory Committee for not notifying them of this meeting. He stated that he assumed, because it was a public meeting, everybody was invited. He stated that he hoped to move forward with the project, noting that it would benefit the County for many years to come.

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

RECESS AND REASSEMBLY

At 11:20 a.m., the Chairman announced that the Board would recess until 11:30 a.m.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

ACCOUNTS ALLOWED/BIDS/BUDGETS/BUDGET TRANSFERS

FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Doug Conway, Facilities and Capital Improvements, addressed the Board, stating that this request involved two things, being (1) a request from the Sheriff's Office for the installation of two new storm shutters (approximately $10,000.00) for the Sheriff's Emergency Operations Center, located on the third floor of the Sheriff's Administration Building; and (2) a request from the Clerk of the Circuit Court for network hardware enhancements (approximately $18,000.00) for the third floor of the Judicial Center, which will provide an increase to the capacity and function of the current system.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval of a budget transfer, in the amount of $28,000.00, from the General Fund Contingency Account to the General Building Maintenance 620 Capital Account, Solicit Bids/Proposals, to cover the two requests noted above.

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this request involved a settlement agreement between Lake County and Mr. Creighton Beddow, the owner of Oak Lane Mobile Home Park, in the Green Swamp area, off Hwy. 50, that came through in the 1970s. She stated that there has been some disputes between staff and Mr. Beddow, with regard to property lines. She stated that the case was taken through the special master process and then, in December of 1997, Mr. Beddow presented the Board with a boundary survey (master park plan) that the County could utilize for permitting processes, so staff is presenting this settlement agreement, providing for 60 units in the park. She stated that Ms. Rebecca Jetton, Department of Community Affairs, who participated in this matter, stated that she was comfortable with the density and setbacks, with regard to the wetlands.

It was noted that this matter came up, because the County refused some permits out of the Clermont office - one being a permit for replacing a mobile home and the other being for a new mobile home not meeting setback requirements.

Ms. Farrell stated that there was also an issue involving the fact that there were no property lines, or lot lines, that the County could work from, for setback purposes. She stated that this park was one of the few parks that, in 1982 or 1983, did not come back with a revised master plan for the County to approve.

Commr. Swartz stated that he assumed the County was proposing to enter said agreement, because Mr. Beddow had submitted a site plan; however, the County is unable to locate it.

Ms. Farrell stated that it is records from Code Enforcement and some old County Attorney records.

Mr. Sandy Minkoff, County Attorney, interjected that the County sued the previous owner of the mobile home park and a settlement agreement was entered into, where said owner agreed to provide a site plan, which he did, according to the record. He stated that the files show the County received the site plan, which would be consistent, because, if the County had not received it, the County would have gone further with the court case, but did not.

It was noted that this request is finalizing the steps that were previously taken by the County.

Commr. Hanson stated that she was concerned about what Mr. Beddow had to go through, if, in fact, he submitted a master park plan, at some point in time, and the County lost it.

Ms. Farrell stated that the County has also agreed that, if Mr. Beddow wants to come back and convert the park models, the County would support the application, which would provide for smaller models, on the small lots in the park.

On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of the Settlement Agreement between Lake County and Mr. Creighton Beddow, the owner of Oak Lane Mobile Home Park, to allow him to replace a maximum of 60 mobile homes in the park.

GROWTH MANAGEMENT/REZONING/SUBDIVISIONS

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board, stating that this was a request for permission to advertise and initiate the rezoning of a section of the Manhattan Subdivision. She stated that it is, basically, a historical issue, noting that Mr. Mike Willett, former County Administrator for Lake County, doing the right thing for the customer, permitted single family homes in an RM (Residential Mobile Home) zoning district. She stated that staff has met with the individual property owners and is going to county initiate a section of the subdivision from RM (Residential Mobile Home) to R-4 (Residential) along the lake, to provide for single family homes.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval for staff to initiate the rezoning of Manhattan Subdivision, Section 10, from the Northwest corner of Lot 12, run south 402 ft., east along south line of Drive No. 1, 960 ft. to POB, south 125 ft. to Canal, east 63 ft. to northwest corner of Lot 37, St. Johns Waterfront Estate, 1st Addition (unrecorded), south 15 degrees 10 minutes east 550 ft., east 115 ft., north 15 degrees 10 minutes, west 50 ft., east to St. Johns River, northwesterly along river to a point east of POB, and west to POB, as noted.

BUILDING DEPARTMENT/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management, presented the Board with a handout (Lake County Board of County Commissioners 400 Sq. Ft. Accessory Structure Alternative booklet), which she noted the Building Services Division has been working very diligently on, for the past couple of months. She stated that it was a tool for making the public aware of the wind load standards that came into effect a couple of years ago. She stated that they can now come in, meet with the Plans Examiner, take said booklet with them, purchase the right materials, and design their structure so that it will meet the wind load standards. She stated that staff is currently utilizing said booklet and she was pleased to present it to the Board, for their perusal.

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC WORKS

ROAD PROJECTS/STATE AGENCIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board, stating that this request was for approval of a Joint Participation Agreement between Lake County and the Florida Department of Transportation (FDOT), concerning the funding for projects where the County will perform work, utilizing FDOT's money. He stated that, approximately two years ago, the County received approval from FDOT to perform work under the Local Agency Program (LAP); however, all staff has been able to do so far is the CR 561A Bridge Bike Path Project, which he noted the County will soon be putting out to bid. He stated that the County was able to obtain $129,800.00 in funding, for the design and construction of said project. He stated that the County was able to obtain $156,000.00 for the Old U.S. 441 sidewalk project and $250,000.00 for the Lake Minneola Trail.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and execution of a Joint Participation Agreement between Lake County and the Florida Department of Transportation, for a bicycle pedestrian path on the C.R. 561A bridge, over Lake Minneola; the Old U.S. 441 sidewalk project; and the Lake Minneola Trail, as noted.

OTHER BUSINESS

COMMISSIONERS/EDUCATION/MEETINGS

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board set Student Government Days for March 24 and April 14, 1998.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board appointed Ms. Melanie T. Griffey to the vacant At-Large Position on the Lake County Library Board, representing District 4.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board reappointed Mr. John Askew as the individual representing the Association of Retarded Citizens, on the Transportation Disadvantaged Coordinating Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-25, appointing Mr. Ronald J. Beebe, a member from the category of Owner/Operator Collecting the Resort Tax, to the Tourist Development Council, to complete the unexpired term of Mr. Stephen Parrish, who resigned, ending December 1, 1998.

INFORMATIONAL ITEM

The following vested rights determinations have been issued:

Vested Rights Determination Regarding Lots Owned by Mariann T. Burgess, in Michigan Acres, as Recorded in Plat Book 15, Page 22, Public Records of Lake County, Florida - 2/2/98.

Lake County will not deny the owner(s) of lots currently owned by Mariann T. Burgess (or owned by Mariann T. Burgess, as indicated on the 1992 Real Estate Tax Roll for Lake County, Florida), acting in good faith, the right to develop each lot as a residential lot in accordance with the map of Michigan Acres Subdivision, as recorded in Plat Book 15, Page 22, Public Records of Lake County, Florida, and adjusted via the Lot Line Adjustments approved on May 21, 1993. For the purpose of this vested rights determination, acting in good faith shall mean that:

1. a minimum of 12,500 is dedicated to the homeowners of Michigan Acres Subdivision, for recreation use, and deed restrictions obligating the homeowners of lots currently owned by Mariann T. Burgess, and releasing Lake County from any obligation to maintain the recreation tract are executed and recorded in the Public Records of Lake County, Florida, within six (6) months from the date of this vested rights determination;

2. a Notice of Special Assessment for Road Improvements for lots currently owned by Mariann T. Burgess is executed and recorded in the Public Records of Lake County, Florida, within three (3) months from the date of this vested rights determination;

3. deed restrictions obligating the owner(s) of lots currently owned by Mariann T. Burgess, and releasing Lake County from any obligation to maintain Mattawan Drive, Michigan Drive, and Kalamazoo Drive from County Road 44A, to a point 600' South of County Road 44A;

4. five (5) building permits for primary structures are issued in association with five (5) lots currently owned by Mariann T. Burgess within three (3) years from the date of this vested rights determination, and said building permits do not expire; and

5. this vested rights determination is recorded in the Public Records of Lake County, Florida, within three (3) months from the date of this vested rights determination.

In addition, Lake County will not deny the owner(s) of Lots 1 through 8 the right to pursue a Lot Line Deviation/Adjustment, if applicable, pursuant to Section 14.21.00, Lake County Land Development Regulations, Appendix E, Lake County Codification, and develop each lot in accordance with the RP (Residential Professional) Zoning District, provided each adjusted lot maintains a minimum of 14,000 square feet.

Vested Rights Determination Relating to Property Owned by Benjamin and Wendy Sikes - 2/2/98.

Notwithstanding the Lot Line Adjustment/Deviation recorded in Official Record Book 1522, Pages 0567 and 0568, Lake County will not deny the owner(s) of either Parcel "2" or Parcel "3", as established in association with Lot Approval File No. 83-86, the opportunity to develop each parcel as a residential lot in accordance with the "A" (Agriculture) Zoning District, provided this vested rights determination is recorded in the Public Records of Lake County, Florida, within three (3) months from the date of this vested rights determination. Lake County denies any vested rights associated with Building Permit No. 97060860, and considers development associated with Building Permit No. 97060860 to be lawful and in existence, that may remain in its nonconforming state.

Vested Rights Determination Regarding Subdivision (S.D.) Waiver No. 80-29 - 2/2/98.

Lake County will not deny the owner(s) of Lots 1 through 5, as established by S. D. Waiver No. 80-29, acting in good faith, the opportunity to develop each lot as a residential lot, in accordance with the A (Agriculture) Zoning District. For the purpose of this vested rights determination, acting in good faith shall mean that the owner(s), within six (6) months from the date of this vested rights determination:

1. execute and record deed restrictions obligating the property owners, and releasing Lake County from any obligation to maintain the easement described in the Indenture recorded in Official Record Book 673, Page 1607, Public Records of Lake County, Florida;

2. dedicate the easements described by Arthur E. F. Molnar, as prepared on December 6, 1979, the property owners in the East of the Northwest 1/4 of Section 34, Township 20 South, Range 25 East, Lake County, Florida, and execute and record deed restrictions obligating the property owners, and releasing Lake County from any obligation to maintain said easements; and

3. execute and record a conservation easement over on-site jurisdictional wetlands.

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, informed the Board that the City of Umatilla made an application for rezoning, to allow a spray field and the future construction of a wastewater plant; however, the Board denied the request and an appeal was taken to Circuit Court. He stated that the appeal is currently pending and there has been intervention by an adjoining group of property owners, as well. He stated that the City of Umatilla wrote to the County and asked whether it would agree to mediate the case. He stated that the case is in the nature of a Writ of Certiorario, which means that they file a petition, the County files a response, and they file a reply, so mediation does not normally occur. He stated that he did not want to turn the City of Umatilla down, without bringing the matter to the Board's attention.

Commr. Cadwell questioned what the City's motivation was, in wanting to go to mediation.

Mr. Minkoff stated that he felt they were searching for a solution, noting that the vote by the Board was 3-1, due to the fact that Commr. Swartz was not present at the meeting where the vote was taken. He stated that they may feel that they can get an agreement with the adjoining neighbors, who would have to be involved in the mediation process, which could be supported by a majority of the Board.

Commr. Cadwell questioned what the County would lose, by going through said process.

Mr. Minkoff stated that all the County would lose would be time.

Commr. Swartz questioned what the outcome of a Writ of Certiorario would be.

Mr. Minkoff stated that the Judge will either uphold the Board's decision, or send it back to be reheard - he does not impose a decision. He noted that Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, has intervened, noting that she represents some of the adjacent neighbors, so they also would be involved.

Commr. Gerber stated that the people in the City of Umatilla do not want the sprayfield and wastewater treatment plant and, if it goes to mediation, she feels something will go in out there.

Commr. Cadwell stated that he did not feel the County had anything to lose, by going through the mediation process, noting that the matter will come back to the Board for a final decision. He stated that he would like to see the Board, at the City's request, go through the process.

Mr. Minkoff stated that, if the Board does approve to go to mediation, he would like to have a Commissioner present, rather than have staff guess what the Board is thinking.

A motion was made by Commr. Cadwell and seconded by Commr. Hanson to approve a request from the County Attorney for the County to enter into mediation, with all parties involved, in the case of the City of Umatilla vs. Lake County Board of County Commissioners, utilizing the services of the East Central Florida Regional Planning Council (ECFRPC).

Under discussion, Commr. Hanson questioned whether the ECFRPC was the only one that the County could utilize, for mediation.

Mr. Minkoff stated that he felt Mr. Mike Hatfield, the attorney representing the City of Umatilla, chose the ECFRPC, because he thought he could get them to do the mediation, without charging the County for its services.

Commr. Hanson stated that she did not feel that way.

Mr. Minkoff stated that the only ones that would be involved from the County would be himself; Ms. Sharon Farrell, Senior Director, Growth Management; and one of the Commissioners, should he/she be willing to participate in the mediation process.

Commr. Hanson stated that, even though she seconded the motion, she was not going to support it, because it is tied to the ECFRPC. She stated that, if the motion just stated "mediation", she would probably support it.

Commr. Gerber stated that she would not support the motion, because she felt it was pretty clear that it was a Comprehensive Plan issue and she cannot see mediating something that was as clear as that case was.

Commr. Swartz stated that he was going to support the motion, to see if there was a way to mediate, rather than stay where the County currently is, although the outcome of the mediation, if the Board is not satisfied with it, could stay with the position that they took at the public hearing where the case was heard.

Commr. Cadwell stated that the Board was not committing itself to anything other than giving everybody one more opportunity to sit down and try to work it out.

Commr. Swartz questioned whether, if the ECFRPC was struck from the motion, Commr. Hanson would support a motion that would bring back a proposed mediator.

Commr. Hanson stated that she would.

Commr. Cadwell stated that he felt it made absolutely no sense to have the City of Umatilla expending funds, if the ECFRPC will do the mediation for free.

Commr. Swartz suggested taking the ECFRPC out of the motion, noting that there will be an opportunity, when some proposed mediation comes back to the Board, for it to consider the matter at that time.

Commr. Cadwell amended his motion, eliminating the ECFRPC.

Commr. Hanson seconded the amendment.

Commr. Good stated that he would vote against the amended motion, because he felt it would just add another level of expense that is unnecessary for the City of Umatilla, the County, or the property owners.

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

Commrs. Gerber and Good voted "No".

Commr. Swartz noted that the matter will come back before the Board and it will have an opportunity, at that time, to decide who it wants for mediation. He stated that it may or may not be the ECFRPC.

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

Commrs. Gerber and Good voted "No".

COUNTY PROPERTY/COUNTY POLICIES

Mr. Sandy Minkoff, County Attorney, informed the Board, for informational purposes, that the Administrative Judge requested him to look into developing a policy, regarding the use of the Lake County Judicial Center's building and grounds, noting that they have had everything from a request to sell sandwiches to use of the parking lot on Sundays. He stated that he would work with them and bring back to the Board either a policy or ordinance, for the Board's review.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

EDUCATION/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 1998-26, proclaiming February 8-14, 1998, as Vocational Education Week in Lake County.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS/MISCELLANEOUS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 1998-27, proclaiming March, 1998, as National Women's History Month, to recognize and celebrate the 150th Anniversary of the Women's Rights movement.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

COMMUNITY SERVICES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-28, expressing appreciation and gratitude to Mr. Haig Medzarentz for his many contributions to Lake County.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

COMMITTEES/MEETINGS

Commr. Hanson brought up for discussion the issue of the County's membership in the East Central Florida Regional Planning Council, at which time she stated that, when she served on said council several years ago, she remembered what a difficult time the County had paying the dues. She stated that she knew it was mandated by the State, however, felt that it was healthy to reevaluate the County's participation and look at what the benefits are for the dollars that it pays, which is presently $41,931.00. She stated that she wondered, in looking at the information contained in the Board's backup material, what the benefits are, in technical assistance, since the County has its own G.I.S. Program, which she noted is duplication, as well as the development of a Strategic Regional Policy Plan, which she noted was developed in 1996, however, is not sure whether it come about.

It was noted that Orange and Seminole counties balked at paying their dues.

Discussion occurred regarding the matter, at which time Commr. Swartz stated that he felt it would be good for the ECFRPC to give a presentation to the Board, noting that the council has changed dramatically over the years. He stated that it is the only regional planning agency and, if anything needs to be done, it is to ensure that there is some organization, even if it needs restructuring or changing, in terms of weighted voting. He stated that he would agree with the fact that, when all the cities are in attendance, with the help of some of the Governor's appointees, they can clearly out vote counties on what may be county development issues. He stated that the County needs to have some agencies looking at the big picture, even if Lake County is doing a far better job of planning in the County today. He stated that perhaps the Board could influence the future direction of the ECFRPC, without diminishing it, or eliminating its need.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

COMMITTEES/MEETINGS

Commr. Hanson brought up for discussion the issue of the Lake County Charter, noting that she would like to have the Board move forward with it, because the members of that committee worked very hard to develop the Charter. She stated that the Board should move forward with it, change it, put it on the referendum, or say that they are not going to act on it, at this time. She stated that the Board should respond, one way or another.

Commr. Swartz stated that the Board Office was trying to find time to schedule a short presentation, for the Charter Committee to present the document. He stated that he wanted to schedule the presentation for a workshop meeting and the first opportunity appears to be the May 12, 1998 meeting.

Discussion occurred regarding the matter, at which time Commr. Hanson stated that she felt that was too far off, being three months from now. She stated that the Board could hold a special workshop meeting, to hear the presentation.

Commr. Gerber questioned why it could not be given during a regular meeting, noting that all the Commissioners have read it and are familiar with it.

Commr. Swartz stated that, since there is no urgency to it, he did not see any reason not to schedule it at an appropriate time and the Board is going to do that, noting that it will be brought forward and presented at the May 12, 1998 workshop meeting.

REPORTS

COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT 3

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 1998-29, designating February, 1998, as "Viola Days", to honor American veterans wounded in combat.

REPORTS

COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT 1

RESOLUTIONS

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-30, for Mack Concrete, for their donation of time and materials, upon the collapse of the Montverde Dam.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

CLERK/LAWS AND LEGISLATION/MEETINGS

Commr. Gerber informed the Board that she had received a memorandum (distributed to the Board, for their perusal) from Mr. John Manning, President of the Florida Association of Counties (FAC), regarding the FAC's Article V Initiative, with regard to a request for approval of a special assessment of all counties to fund a public information campaign. She stated that a Florida Association of Counties Board of Director's Meeting was held February 6, 1998; however, she and Commr. Cadwell were not able to attend. She asked that the Board members read said memorandum and be prepared to discuss what their action will be, with regard to the matter, on Tuesday, February 24, 1998.

Commr. Cadwell questioned whether the Chairman, Commr. Swartz, would be able to meet with the Clerk of Circuit Court, Mr. James C. Watkins, and apprise him of what is going on.

Commr. Swartz stated that he would be glad to meet with the Clerk, however, noted that he was not familiar with the intricacies of the issue. He suggested that Commr. Gerber meet with the Clerk, instead.

Commr. Gerber stated that she would provide the Clerk with said information and give him an opportunity to meet with her, if he so chooses.

ADDENDUM NO. 1

REPORTS

COMMISSIONER GOOD - DISTRICT 2

WATER RESOURCES

Commr. Good brought up for discussion the issue of a permit application for the Lake Lowery Outfall, a water diversion project that the Board opposed and sent information to both the Southwest Florida Water Management District and the St. Johns River Water Management District indicating said opposition. He stated that a letter the Board received from Mr. Robert Viertel, Director, Bartow Regulation Department, Southwest Florida Water Management District, states that the letter constitutes notice of Final Agency Action, by the Southwest Florida Water Management District (SWFWMD), regarding Permit Application No. 4416916.00, Polk County-Lake Lowery Outfall. He stated that, if the Board were to oppose the permit and wanted to go through a hearing process, it would need to request the hearing within 14 days from February 6, 1998. He stated that failure to file the request within 14 days would constitute a waiver of the Board's right to request a hearing, under Sections 120.569 and 120.57 of the Florida Statutes. He noted that a permit has been granted, to divert the water and move it through Polk County. He questioned whether the Board wished to proceed further, in opposing the diversion of the water from the Lake Lowery watershed.

Discussion occurred regarding the matter, at which time Commr. Cadwell stated that the Board's first action would be to have the County Attorney determine whether the County had standing and, if it did, to object to the permit.

Commr. Swartz questioned what the ramifications would be, if the Board filed for an administrative hearing and then later decided to withdraw it.

Mr. Minkoff stated that, in order to apply for the hearing, the County will have to file a complaint, before February 20, 1998, and, because the applicant is Polk County, the Board runs the risk of alienating a sister county.

Commr. Good stated that the question is whether the value of the water is important enough to Lake County to continue with the hearing.

Commr. Cadwell stated that the Board sent a resolution to the SWFWMD and they chose to grant the permit anyway, and, if they did everything procedurally, then he did not feel the County had any standing. He stated that the Board did what it could, but lost, and they will just have to let this one go.

Discussion occurred as to whether the County's hydrologists were aware of the situation and, if so, how much they knew about it.

Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board, stating that one of the County's hydrologists has been involved with the issue; however, due to the fact that she has been so engrossed with the Development of Regional Impact (DRI), the Circuit City issue, etc., she has not had time to meet with him and be updated, regarding the matter.

Ms. Farrell was requested to get in contact with the hydrologist and find out whether or not the County was in a position to challenge the issue.

No action was taken at this time.

REPORTS

COMMISSIONER GOOD - DISTRICT 2

WATER RESOURCES

Commr. Good presented each of the Board members with a lapel pin (an otter, which he noted is the symbol of the St. Johns River), from the St. Johns River Water Management District (SJRWMD), denoting the St. Johns River Cleanup Celebration, and reminded them that March 21, 1998 said cleanup will occur. He thanked Ms. Wendy Taylor, Administrative Assistant, Board of County Commissioner's Office, for her efforts in coordinating the event, and requested anyone that may want to get involved, to do so.

REPORTS

COMMISSIONERS

MEETINGS

It was noted, for informational purposes, that Commr. Cadwell and Commr. Gerber will not be present at the March 3, 1998 Board Meeting, due to other commitments.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Gerber informed the Board, for informational purposes, that a reception is to be held for Mr. Joe Holmes at SunTrust Bank, in Leesburg, February 19, 1998, between 5:30 p.m. and 7:00 p.m. She stated that anyone interested in attending may do so.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

COMMISSIONERS

Commr. Gerber informed the Board, for informational purposes, that she and Commr. Hanson would be participating in the Women's Forum, to be held at Lake Sumter Community College, March 14, 1998.

REPORTS

COMMISSIONER GOOD - DISTRICT 2

MISCELLANEOUS

Commr. Good informed the Board, for informational purposes, that the Fourth Annual Survivor's Dinner for the American Cancer Society, sponsored by United Southern Bank, is to be held February 20, 1998, at 6:00 p.m.

REPORTS

COMMISSIONER GOOD - DISTRICT 2

MISCELLANEOUS

Commr. Good informed the Board, for informational purposes, that the Hospice Society Fundraiser Dinner is to be held at Mission Inn, February 21, 1998.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:50 p.m.



__________________________________

G. RICHARD SWARTZ, JR.,CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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