A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 17, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, March 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; Catherine C. Hanson; William "Bill" H. Good, and Rhonda H. Gerber. Others present were: Sanford A. Minkoff, County Attorney; Sue Whittle, County Manager; Ava K. Kronz, Director, Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, Finance Department; and Toni M. Riggs, Deputy Clerk.

Father David Randolph gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, requested that Tab 5, under Community Services, be pulled from the Consent Agenda and brought forward as a presentation. She noted that there were two published addendums to the agenda.

Mr. Sandy Minkoff, County Attorney, stated that he did not have any additional items, but he did have a couple of reports under his business.

Commr. Good stated that he would like to add, under Commissioners' business, discussion about the flooding on Loop Road and in south Lake County, and discussion about Permit #4-105-0031-AG-ERP, which is the Lake Lowry diversion of water permit.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved the following requests, Tabs 1-8:

Contractor Bonds

New

5598-98 Douglas Electric, Inc. (Electrical contractor)

5599-98 Charles R. Depari, Jr. d/b/a Ace Electrical Services, Inc. (Electrical)

5600-99 Charles Berg Enterprises, Inc. (H.A.R.V. Contractor)

5602-98 Whittle Electronics



Cancellation



5514-98 B.C.T. Electric, Inc. (Electrician)



Accounts Allowed/Courts-Judges



Request for approval and signature authorization on the Satisfaction of Judgment, State of Florida vs. Robert Earl Adams, Case No. 9300260CFF01, in the amount of $250.00.



Accounts Allowed/Courts-Judges



Request for approval and signature authorization on the Satisfaction of Judgment, State of Florida vs. David Garrad Weisman, Case No. 92-547-CFB, in the amount of $250.00.





Municipalities/Ordinances



Request to acknowledge receipt, The City of Tavares Notice of Public Hearing to consider enactment of proposed ordinance amending the boundaries of the City of Tavares by annexing approximately 281 acres located east of US 19 and West of Eichelberger Road, as follows:



1. Planning and Zoning Board meeting on March 5, 1998 at 3 p.m.; and

2. Tavares City Council meeting on March 18, 1998 at 5 p.m.

3. Tavares City Council meeting on April 1, 1998 at 5 p.m.



All three meetings will be located in the Tavares City Council Chambers in City Hall at 201 East Main St., Tavares, Florida.



Reports



Request to acknowledge receipt of the Copy of the Quarterly Report for Greater Orlando Area Legal Services, Inc., for the period ending December 31, 1997.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance 97-20, Rezoning Property Generally Described as .63 Acres Located at the Southwest Corner of the Intersection of U.S. 441 and Nightingale Lane; Subject to the Rules, Regulations and Obligations Ordained by the City of Tavares Council; Rezoning the Property from C-1 to C-1A, passed and ordained the 7th day of January, 1998, by the City Council of the City of Tavares, Florida.



Utilities



Request to acknowledge receipt of the following: Before the Florida Public Service Commission, Docket No: 97-882-TI, In Re: Proposed Rule 25-24.845, F.A.C., Customer Relations; Rules Incorporated and Proposed Amendments to Rule 25-4.003, F.A.C., Definitions; Rule 25-4.110, F.A.C., Customer Billing; Rule 25-4.118, F.A.C., Interexchange Carrier Selection; Rule 25-24.490, F.A.C., Customer Relations; Rules Incorporated , Notice of Continuation of Hearing, to 2 p.m., February 16, 1998, Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida, 32399-0850.



Accounts Allowed/Budget Amendments/Resolutions



Request for approval and signature authorization on the following:



A. Resolutions:



1. Fund: Law Enforcement Trust Fund

Department: Constitutional Officer/Sheriff

Revenue: Confiscated Property $18,851

Expenditure: Vehicle & Equipment $18,537

Other Current Charges $ 314

Amendment #: 98-130



Justification: Resolution to receive unanticipated revenue from confiscated property. Per Florida Statutes, all funds are to be budgeted to the Sheriff.



B. Transfers:



1. Fund: General

Department: Community Services

From: Contingency $ 5,000

To: Contractual Services $ 5,000

Transfer #: 98-128



Justification: Transfer needed for the purpose of conducting the Indigent Health Care Study.



2. Fund: General

Department: Facilities/Capital Improvements

From: Contingency $23,880

To: Operating Expenses $23,880

Transfer #: 98-131



Justification: Unanticipated emergency repairs and property tax bills, which were not in FY 1997/98 budget, have occurred. Transfer from Contingency is requested to cover these items.



3. Fund: E-911

Department: Communications

From: Principal $108,778

Interest 52,093

Contingency 339,129

To: Machinery & Equipment $500,000

Transfer #: 98-136



Justification: Transfer needed for purchase of Selective Router and Call Handler System. This system was originally budgeted to be a lease purchase. Upon further review, funds are available to purchase the system.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber requested that Tab 6, under Personnel, be pulled from the Consent Agenda for discussion.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the following requests, Tabs 3 through 9, with the exception of Tabs 5 and 6:

Communication Systems/Resolutions/Roads-County & State

Request for approval and execution of Resolution renaming Fourth Street, south of CR 455, to Breezy Oak Drive.



Communication Systems/Resolutions/Roads-County & State



Request for approval and execution of Resolution for the continued collection of the E9-1-1 fee set at fifty cents ($.50) for fiscal year 1998/99.



Accounts Allowed/Contracts, Leases & Agreements/Municipalities/Ambulances-Hospitals



Request for approval and execution of Interlocal Agreement between Lake County and the City of Eustis relating to the surveying of a new street corridor in the area between Kurt Street and the new Florida Hospital Complex, providing payment in the amount of $12,000.00 from Transportation Impact Fees.



Deeds/Rights-of-Way, Roads & Easements



Request for approval and acceptance of a Non-Exclusive Easement Deed, a Statutory Conservation Easement Deed and two Statutory Warranty Deeds.



Accounts Allowed/Bids/E-9-1-1/Purchasing



Request for approval to award RFP #98-019, to supply E911 System hardware and software to Sprint, the highest ranked respondent. Funding in the amount of $489,748.00 will come from E911 Fund, Account Number 124.19045310.525.8600640.



The existing Lake County E911 selective router, automatic call distributor (ACD), and voice network are ten (10) years old and cannot meet the impacts imposed by wireless access, the need to identify a 10 digit telephone number, as well as for the potential impact of wireline 10 digit dialing. For this reason, and as a result of both age of the hardware and concerns expressed by the Public Safety Answering Points (PSAPs) who daily utilize this hardware, a Request for Proposal (RFP) was written to look at what would be available to replace the existing system in order to meet changes in technology.





Approval to award Bid #98-011 to supply temporary help services for various county departments to the lowest responsive and responsible bidder, Snelling & Snelling, Inc., dba Snelling Personnel Services. These services will be utilized by departments to fill in for absent employees or when temporary, short term needs for additional support arise. Funding for this contract will come from various departments within budgeted funds.



PERSONAL APPEARANCES

PRESENTATION OF PLAQUE

Commr. Hanson, Chairman of the Tourist Development Council (TDC), presented a Plaque to Ms. Paulette Alexander for her service on the Tourist Development Council from 1995-1998.

Ms. Alexander extended her appreciation and encouraged the Board to continue its support of the eco-tourism.

COMMUNITY SERVICES/RESOLUTIONS

Commr. Gerber presented the Proclamation, which proclaimed the week of March 15 through March 21 as Juvenile Justice week in Lake County, to the members of the Juvenile Justice Council including Father David Randolph, District 13 Board Chairman, and Lake County Chairman.

Mr. Ron Goates stated that Lake County should be extremely proud of these individuals, because the case management staff scored one of the highest scores in their quality assurance monitoring state-wide. He stated that this really reflects the commitment of these individuals and their ability to collaborate and utilize community resources.

Commr. Gerber noted that Father Randolph would be leaving Lake County and going to South Carolina, and he would be greatly missed.

ADDENDUM NO. 1

PRESENTATION

ACCOUNTS ALLOWED/GRANTS

Mr. Ron Goates, Department of Juvenile Justice, made the formal announcement that Lake County is the recipient of a Teen Court grant, through June 30, 1998, in the amount of $20,500, and starting July 1, 1998 running through June 30, 199, the amount will be $61,000, which will be annual thereafter. He recognized Commr. Gerber who has championed and supported the Teen Court Program, and also the Lake County Council who has recognized this as a viable alternative for first time offenders. Mr. Goates stated that the Teen Court is responsive, that young people are diverted out of the formal court system, it is cost effective, and it is educational. He stated that Hernando, Citrus and Marion Counties have the court, and it is the pride of their counties and pride of juvenile justice, because it holds families and young people accountable, and it is a complete collaboration and partnership with the school systems, the County Commissioners, law enforcement, and a number of other folks working to make a difference with the young people. He presented the grant to Commr. Gerber.

Commr. Gerber stated that it was a collaborative effort between Mr. James C. Watkins, Clerk of Courts, Ms. Hillary Knepper, Childrens' Services Coordinator, and Sheriff George E. Knupp, Jr., and all of their staff, that made this possible, and the people of Lake County are very grateful.

PRESENTATION OF PROCLAMATION

RESOLUTIONS/MUNICIPALITIES/SHERIFF'S DEPARTMENT

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Proclamation 1998-39 identifying the week of April 5 through 11, 1998 as "National Public Safety Telecommunications' Week".

Commr. Swartz presented the Proclamation to the representatives of the following and asked that they take it back to their agencies and thank them on behalf of the Board of County Commissioners and the citizens of Lake County:

Lake County Sheriff's Department

Clermont Police Department

Eustis Police Department

Florida Regional Emergency Medical Services

Groveland Police Department

Lady Lake Police Department

Leesburg Police Department

Mount Dora Police Department

Tavares Police Department



PRESENTATION

COMPREHENSIVE ANNUAL FINANCIAL REPORT BY ERNST & YOUNG, LLP

Mr. James C. Watkins, Clerk of Circuit Court, stated that he wanted to recognize the following staff members who were present in the audience, and to note that, when the County receives its financial awards, it is because of their hard work and effort: Mr. Neil Kelly, Senior Chief Deputy Clerk; Mr. Brent Holladay, Chief Deputy, Courts Management; Ms. Sarah LaMarche, Budget Director, Ms. Donna Collins, Finance Director, Mr. Kevin McDonald, Senior Budget Analyst, Ms. Tracy Zeller, Senior Budget Analyst, Ms. Julia Wilson, Budget Analyst, Ms. Louise Kicklighter, Systems Administrator; and Ms. Vicki Tubb, Finance Clerk.

Mr. John Vodenicker, Ernst & Young LLP, addressed the Board to present his comments on the Lake County Comprehensive Annual Financial Report, Fiscal Year Ended September 30, 1997. It was noted that Mr. Mike Murphy, Audit Manager, was present to assist in the presentation.

Mr. Vodenicker referred to Page 27 of the Comprehensive Report and read, for the record, the opinion paragraph from the Report of Independent Auditors: "In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Lake County, Florida, at September 30, 1997, and the results of its operations and cash flows of

its proprietary fund types for the year then ended in conformity with generally accepted accounting principles." Mr. Vodenicker noted that Lake County had adopted Governmental Accounting Standards Board (GASB) Statement No. 27, and GASB 32, and the President had signed into law the ability to eliminate the restriction on investments in the Deferred Compensation. Mr. Vodenicker reviewed Page 36, Combined Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual and noted that the Fund Balance makes up 34.8% of the expenditures, which is a very strong and positive fund balance in the General Fund. He explained Conduit Debt Obligations and Pension Plans, as noted on Pages 66-67, he highlighted areas of importance in the Financial Statements, and he addressed the landfill. He stated that the County has continued to have positive growth (2.9% increase) in the operating revenues in the landfill, and the expenses have gone down and given the County a very strong operating income number of $1,675,000, which is a $621,000 increase over the prior year. In terms of the incinerator, and Mr. Vodenicker stated that, in earlier years, since the County was throwing off the net losses, it has put the County in a position to have to go out and do some financing, in terms of lines of credits, etc., rather than having the net income from the very start. Mr. Vodenicker reviewed a Comparative Financial Analysis, which included Seminole, Marion and Polk Counties, and discussed the Total Revenue Category, which included information on the General Government, Total Revenues, Tax Revenues, Ad Valorem, Taxable Assessed Value, Intergovernmental Revenues, and Administrative Expenses. He continued the discussion by reviewing the Public Safety Expenditures, Debt Service, Days Fund Balance, Enterprise Fund, and County-Wide Long Term Debt.

Mr. Vodenicker stated that the audit went very well this year, because of the accounting staff, the Constitutional Offices, and Mr. Watkins and his staff. He stated that there are no material reportable conditions or material noncompliance matters on the reports that were issued. Mr. Vodenicker noted that Lake County is in no way in any kind of state of emergency, which is stated in the report to the Auditor General.

Commr. Hanson stated that Lake County has included all ad valorem property, whether it be vacant property, commercial, industrial, or residential, and the County has made significant strides this year in the commercial/industrial area, but probably the major growth has been in residential. She felt there should be some optimal level of mix between these different areas of assessment and questioned whether Mr. Vodenicker has ever done an analysis which states where a County should be, based on the demographics. In her opinion, she felt this needed to be looked at so the County can see where it needs to put more or less emphasis, and more or less incentives.

Mr. Vodenicker stated that Ernst & Young is doing a special project right now for Manatee County on economic development. The study deals with some of the issues brought forth by Commr. Hanson including a comparison of incentive programs and determining whether it would be competitive with other comparable counties in the State. He stated that they had done one for the City of Tampa about two years ago that went beyond the State of Florida, to determine its competition. He explained that Manatee County was looking at the same types of issues as Lake County, because they are heavily residential, and they want to try and get some industry in their County, so they were helping them develop their economic plan of action. Mr. Vodenicker stated that he and Mr. Murphy could do some comparisons for Lake County on a state wide basis relatively easy.

Commr. Hanson stated that the outcome she wants to see is how the County can reach that optimal level, in order to keep the cost of services down to the individual citizen. She wants to know how the County can keep the taxes from going up in order to provide those services, if the County had a different mix in the tax base. Commr. Hanson stated that it would be up to the Board and County Manager to decide whether it would be appropriate to have this done.

Commr. Swartz stated that clearly the studies that are available consistently show that the land use, which requires the least government service, is actually agriculture, and the next one that provides the most tax revenues, as opposed to a lower requirement for service, is industrial. He stated that, at commercial, it is not even certain that they are paying more in taxes than they are requiring in services, and residential is certainly on the low end requiring far more in services than is paid in taxes. He has not seen a study that says anything differently than this, and the other issue is where the residential occurs, because that can have a tremendous impact on the cost of service, and the issue of fire is a perfect example, because the developments that have occurred in widely ranging areas, in the unincorporated area in relatively urban densities, are severely impacting the demand for service for fire.

Commr. Good questioned whether, in the process of the audit, Mr. Vodenicker had the chance to review or encounter the County's computer security controls, and what the findings were along those lines.

Mr. Vodenicker stated that there were a number of recommendations in the Management Letter (Pages 129-132) for the information systems issues. He stated that the recommendations were reviewed with management, and they will be responding to the Board. He further stated that Lake County does not have significant security types of issues, and these were specific recommendations, as they looked at the County's computer operation, to improving security over the system. Mr. Vodenicker stated that, in terms of the year 2000, they feel that Lake County is moving ahead very proactively to be in compliance, and there will be costs associated with hardware and software. He stated that it appears the County is primarily focused on the financial management system, so they have talked to management and the Constitutional Officers about this being broadened to make sure that elevators, building security and communication systems do not stop working. Mr. Vodenicker reviewed the County's self insurance program and noted the positive position it was in.

Commr. Swartz explained that the County being in a less than desirable position really goes back to many, many years of operating landfills without setting aside funds to provide for the closure of those landfills, or provide for the cost of continuing the closures. He stated that the County is now showing it as a cost that has been incurred, and it is slowly paying its way out of that deficit. He noted that it is a historical deficit that comes from the late 1980s.

Mr. Vodenicker stated that this was correct, and in the earlier years, the County did not have the right base, or the revenue stream, that could adequately pay the cost associated with it.

Commr. Hanson stated that, in fairness to the prior boards, they did not realize they would have to have closure of the landfills, and there is certainly a much more progressive attitude towards handling the issue. She noted that State regulation also has a lot to do with the progress.

PUBLIC HEARINGS

ORDINANCES/COMMITTEES

Mr. Sandy Minkoff, County Attorney, read into the record the title for proposed Ordinance 1998-21, as follows, and noted that this was the adoption hearing:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTIONS 2-87 AND 2-88 OF THE LAKE COUNTY CODE, AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING FOR AMENDMENT TO SECTION 2-87, DUTIES, EXPEDITED PROCESSING OR DEVELOPMENT ORDERS OR PERMITS FOR AFFORDABLE HOUSING PROJECTS TO A GREATER DEGREE THAN OTHER PROJECTS, DELETING THE TRANSFER OF DEVELOPMENT RIGHTS, PROVIDING FOR THE PRINTED INVENTORY OF PUBLIC LAND SUITABLE FOR AFFORDABLE HOUSING; PROVIDING FOR AMENDMENT TO SECTION 2-88, MEMBERSHIP, REGULAR ATTENDANCE IS REQUIRED; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



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

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to adopt Ordinance 1998-21, as read by title only.

CITIZEN QUESTION AND COMMENT PERIOD

Commr. Swartz stated that this was the time for anyone to come forward with questions, comments and concerns.

Mr. M. L. Spikes stated that he had asked to be on the agenda to discuss some problems that he has been having with the Building Department.

Commr. Swartz questioned whether Mr. Spikes wanted to discuss anything that would be subject to any of the County's various codes, whether it be Code Enforcement, or the Board of Building Examiners.

Mr. Spikes stated that the issue involved the Board of Building Examiners and an active case.

Mr. Sandy Minkoff, County Attorney, stated that there are two cases involving Mr. Spikes, and they were heard a week or two ago by the Board of Examiners (BOE). They will proceed on to the State Board of Administrative Hearings, or to the Circuit Court for appeal, so the cases are open and active.

Commr. Swartz stated that the Board would not be able to take public comment on the item being brought forward by Mr. Spikes, because of the fact that these are cases that are still open and subject to possible litigation.

Mr. Spikes stated that he was wanting to get the Board's assistance in the appeal. He questioned whether the Board members had received the pamphlet that he had distributed.

Commr. Swartz noted that the Board members had received the information submitted by Mr. Spikes and suggested that, if the cases are still pending, if he desired to address the Board, he would ask that Mr. Spikes take it through the County Manager and County Attorney Offices to determine whether or not it was going to be something that is timely and can be addressed.

Mr. Spikes stated that he has already been to the County Manager's Office regarding this issue, and they directed him to come before the Board today and speak during the Citizen Question and Comment Period.

COMMUNITY SERVICES/PERSONNEL

Commr. Gerber had asked that the tab regarding the request to delete the position of a part-time Volunteer Coordinator for a full-time Volunteer Coordinator, and the scope of duties for this person, be pulled for discussion, because she needed more clarification.

Mr. Fletcher Smith, Senior Director of Community Services, was present to discuss the request.

Commr. Gerber stated that this was a needed position, but her concern stemmed from the fact that she has been in meetings with the Juvenile Justice people, and they are trying to bring on board a Coordinator for Teen Court who will be responsible for the entire program, and that person will be paid $5,000 less a year that the full-time Volunteer Coordinator. She was having a problem with the 0019 pay grade, because the part-time individual was not being paid. She expressed great sensitivity towards that individual.

Commr. Hanson felt very strongly that the Board should approve the request for the Volunteer Coordinator (full-time), and with the potential number of volunteers, the County can do a much better job getting them involved in activities, which will save tax dollars.

Mr. Smith stated that this position will also be involved in working with some other aspects of government, perhaps even working with the Teen Court Administrator to assist them in getting volunteers.

Ms. Sue Whittle, County Manager, stated that the position is being placed within the Personnel Department. She noted that the salary range is $29,000 to $41,000, and the position is reviewed through the pay plan as well as everything else in the pay plan.

Commr. Gerber was concerned that the part-time volunteer should have been paid more.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the deletion of the position of Volunteer Coordinator (Part-Time) in the Department of Community Services, and the addition of the position of Volunteer Coordinator (Full-Time), in the Office of Human Resources, Personnel and a transfer from Contingency in the amount of $12,255.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

AUDITS/COMMUNICATIONS

Mr. Bruce Thorburn, Communication Systems Director, was present to discuss Board action relating to whether an audit of Comcast is necessary and whether to have it performed on contingency or contracted basis. Mr. Thorburn stated that, in light of the fact that Eustis did a comprehensive audit three years ago, and Tavares did an audit two years ago, and other than finding some annexations that were made and some monies that were not shifted properly from County to City, the books appeared to be extremely well kept and managed. The books have been open to the County any time it has made a request, and it seemed to be superfluous to have an audit done.

Commr. Swartz stated that the recommendation would be not to proceed with the audit, and there being no questions from the Board, he noted that a motion was not needed. It was the consensus of the Board to accept the staff recommendation.

COMMUNITY SERVICES/GRANTS

Mr. Fletcher Smith, Senior Director of Community Services, was present to discuss the request for approval and execution of a Resolution allowing five percent (5%) of program income from the State Housing Initiatives Partnership (SHIP) grant for affordable housing to be used for administrative expenses.

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve the request, as noted above.

Under discussion, Commr. Swartz explained that the change would allow 5% of the interest to be used for Administrative expenses.

Commr. Good stated that, if the Board did not take this action, the dollars would go into providing affordable housing. He stated that he was not going to be able to support the request, because he felt that the Board needed to keep a handle on administrative costs, especially on these types of programs.

Commr. Hanson stated that there is no audit of the State dollars that come into affordable housing, and it will be coming forward from the Affordable Housing Committee, but she felt that the County has to have those audit dollars, and because of the increase in sales and real estate growth in the County, there should be some increase dollars coming back to the County. She stated that they have privatized those dollars into the Florida Housing Agency, so it is a private agency that is dealing with it, and the County may need to look at a request for audit.

Commr. Good clarified that the number of dollars has increased in the program and this did not mean that the Board needs to increase the percent of administrative costs. When he was working with the Affordable Housing Program, they were talking about getting more private help and support for the program, such as homeowner education programs and mortgage education programs, and this was the direction he felt they should be going, and he has not changed his position.

Mr. Smith stated that the request was being brought forward by staff from the Affordable Housing Advisory Committee.

Mr. Sandy Minkoff, County Attorney, stated that the request was precipitated by a statutory change, which allows this for the first time, and staff took this to the Committee, and the Committee was making a recommendation to the Board.

Mr. Smith stated that there are a number of training opportunities available state wide, and most of them occur in Orlando. He stated that this will help to support, in part, the Affordable Housing by Lake program, which is the program that implements a lot of the educational programs to the perspective homeowners.

Commr. Good stated that the money should go to provide affordable housing for people who need affordable housing and that was his position on the issue.

Commr. Swartz stated that, if it is being directed specifically for increased educational expenses, and to help staff provide educational opportunities and seminars for those who would use those funds, based on the recommendation of the Affordable Housing Committee, he would support the request, as recommended by staff, but he would agree that the County needs to continue to monitor and determine the best use of the $1,250.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote. Commr. Good voted "no".

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/HEALTH

Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, was present to answer questions of the Board about the request to increase the amount of the contract by $14,038.00, to properly complete the retrofit of HVAC systems for Health Clinics and Health Administration Buildings.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved the request, as stated above.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/JAILS

Mr. Doug Conway, Capital Project Manager, and Major Gary Borders, Sheriff's Office, were present to discuss the request for approval to construct a control room in pod "A" in lieu of constructing control rooms in pods "B" and "D", and to execute Agreement between Lake County and Schweizer Planning and Design, Inc., for architectural services for Lake County modifications to inmate housing pods in the amount of $38,650.00.

Major Borders stated that the original staffing requirement for Prelude was a total of 30 positions. He stated that Prelude is a stand alone facility with its own front lobby. He explained that there would have to be a control officer in the front lobby, an officer in each pod (three pods of 64), at least two rovers, and a relief factor, for four shifts, for a total of 28 positions. He was asking that the control room be moved, so the officers can work out of one control room. The most positions he would have to ask for would be 16 instead of a minimum of 24 and possibly 28 for the way it is now. Major Borders stated that it is a minimum security building, because it is a dormitory, but it would not reduce the security by moving the control room and having the officers float through the three areas rather than being stationed in each one.

Commr. Swartz recalled that there was some discussion about remotely controlling this area from the main jail, as opposed to this control room.

Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, stated that this may have been discussed, but the control room in Prelude was always left independent of the main control.

Major Borders stated that he will be asking for the Prelude regardless of what is done in the main jail. He stated that originally in the main jail they wanted to cut the pods down from 64 into 32 bed pods, and if you stayed in a direct supervision concept, you would have to have an officer in each one making four per shift per pod, which would be double of what they have now. They were looking at putting a control room in each area, but the way that the facility is designed, he did not think they would be able to construct a control room like in C-1 and C-2 without increasing staff. Therefore, the Board would not be seeing the request again for pod "B" and "D". Major Borders stated that the Sheriff is looking at a work release center, and he was also looking at a possible increase in population of juveniles, and if that happens, the trustees will be relocated in the main jail to the Prelude area, and they will use their cell area for juveniles to be able to dedicate 64 beds in that area.

Mr. Anderson explained that Prelude was a dormitory style facility that was set up to be for work release, or minimum security. His brief experience in Prelude indicated that soft ceiling tile was probably a bad engineering design, and it probably needs to be replaced with metal ceiling pans that are more secure. He stated that the bathroom facilities in Prelude are conventional porcelain fixtures which can be tampered with quite easily by inmates, and they may want to consider stainless steel units. He further stated that there was never any accommodation for handicap accessibility to the sleeping pods, which needs to be considered.

Major Borders stated that, because of the trustees, Prelude originally had contact visitation, which is something they want to eliminate, but there are only three or four visitation booths to accommodate 192 beds. His recommendation would be to look at what Brevard County had done, because of their crowding and space problems, and to go to a video visitation program, which would be cheaper than additional construction.

Commr. Swartz stated that, when the jail was returned to the Sheriff for supervision, there was an understanding that there would be a partnership, and he questioned whether this was Major Borders' belief and professional opinion that this was the best way to organize Prelude, in order to reduce the cost of staffing, and to provide for the use of this facility.

Major Borders stated that it was the best way to organize Prelude, because it would be eliminating the entrance from the front lobby, and it would be more or less an extension pod to the main jail.

Mr. Conway informed the Board that staff has a proposal from Schweizer Planning and Design, Inc., and they would like to go to contract with them.

On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to construct a control room in pod "A" in lieu of constructing control rooms in pods "B" and "D" and execute Agreement between Lake County and Schweizer Planning and Design, Inc., for architectural services for Lake County modifications to inmate housing pods in the amount of $38,650.00.



CONTRACTS, LEASES & AGREEMENTS/RIGHTS-OF-WAY, ROADS & EASEMENTS

Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, stated that he was making a request for a non-exclusive easement for a family that owns property to the south of the Christopher C. Ford Central Park. He stated that, to date, they have been using Lewis Grove Road that comes off of Highway 19, and because the County is going forward with Phase II of the Park, the County needs to make accommodations there, so they can continue to have access to that property. He stated that it was William and Karin Moore's desire to build a home on their property, and right now the bank is reluctant to work with them, because they do not have any guarantees of having access to that property.

COMMISSIONERS

At 10:50 a.m., Commr. Swartz turned the Chairmanship over to Commr. Cadwell.

CONTRACTS, LEASES & AGREEMENTS/RIGHTS-OF-WAY, ROADS & EASEMENTS

(CONTINUED)

Mr. Anderson stated that the easement would be worked out so it would coincide with the property line, and it would not interfere with the development of Phase II of the Park.

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the request and the execution of the Perpetual Non-Exclusive Easement Agreement between Lake County and William and Karin Moore, granting the Moore's a 50 foot easement for ingress and egress to their property. The agreement also grants Lake County a 50 foot easement for vegetative buffer and conservation.

Commr. Swartz was not present for the vote.

CONTRACTS, LEASES & AGREEMENTS/ASSESSMENTS/MUNICIPALITIES

Ms. Sharon Farrell, Senior Director of Growth Management, stated that staff was requesting approval and execution of an Interlocal Agreement between Lake County and the Town of Lady Lake to provide services to them, in regards to review and approval of storage tanks. The Town of Lady Lake contacted the County and would like it to review their plans and work directly with the storage tank contractor at $50 an application.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the request for execution of an Interlocal Agreement between Lake County and the Town of Lady Lake pertaining to Petroleum Storage Tank Plan Review Services. The Lake County Water Resource Programs/Tanks section will review construction plans for tank installation for Lady Lake building permit approval. A $50 assessment fee for review will be required.

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



ACCOUNTS ALLOWED/RIGHTS-OF-WAY, ROADS & EASEMENTS

ROADS-COUNTY & STATE



Mr. Jim Stivender, Senior Director of Public Works, was present to explain the request to purchase property from Marion McKinney for road right-of-way located at the intersection of Emeralda Road and State Road 44.

On a motion by Commr. Gerber, seconded by Commr. Good and carried by a 4-0 vote, the Board approved the request to purchase property from Marion McKinney for road right-of-way located at the intersection of Emeralda Road and State Road 44 in the amount of $6,100.00 which includes appraisal fee, attorney fees and title opinion fees.

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

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Discussion occurred regarding the appointment of individuals to vacancies on the County-wide Solid Waste Study Committee.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the appointment of Ms. Mary T. Pezzo as the Citizen-At-Large Representative of the County-wide Solid Waste Study Committee.

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

COMMISSIONERS

At 10:54 a.m., Commr. Cadwell returned the Chairmanship to Commr. Swartz.

REPORTS - COUNTY ATTORNEY

ORDINANCES/TAX COLLECTOR

Mr. Sandy Minkoff, County Attorney, stated that the proposed ordinance was originally suggested by Mr. Bob McKee, Tax Collector, because he had an individual who had paid an occupational tax when he should not have had to pay it. There were no provisions in the Code to provide a refund. Mr. Minkoff noted that, even though Mr. McKee was not present, he has reviewed the proposed ordinance and has written a letter indicating that it meets his approval.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved to advertise the Ordinance Amending Chapter 13, Article IV, of the Lake County Code by adding Section 13-80, Repayment of Funds Paid to Tax Collector in Error.

COURTS-JUDGES/CONTRACTS, LEASES & AGREEMENTS

Mr. Sandy Minkoff, County Attorney, noted that he would answer any questions of the Board regarding the Special Master Agreement to retain Gary Cooney as Special Master.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Special Master Agreement between Lake County, Owner, Ideal Development Corporation and Special Master, Gary Cooney, to retain Gary Cooney as Special Master in Case No. SM-9-97.

ACCOUNTS ALLOWED/MUNICIPALITIES/STATE AGENCIES

CONTRACTS, LEASES & AGREEMENTS



Mr. Sandy Minkoff, County Attorney, informed the Board that a couple of years ago at the Value Adjustment Board, there was a problem with the exemption certificate for Veterans Memorial Association, Inc. of Mount Dora. They filed for a refund with the Department of Revenue and were turned down, however, all who are involved, including the Tax Collector and the Department of Revenue, have agreed on a way to get some or all of the money back to the Veterans. He stated that Lake County is involved, because it has one of the tax certificates on the property. This agreement would pay the County's tax certificate plus 8% interest rather than the statutory 18% interest. The Tax Collector recommends that the Board approve the request, which will allow him to get rid of some old assessments

Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve the execution of the Settlement Stipulation involving Veterans Memorial Association, Inc. of Mount Dora. The Department of Revenue has agreed to refund, so long as the certificate holders agree to take 8% interest, $1,314.73, which includes the amount of the certificate plus interest.

Under discussion, Commr. Swartz questioned whether the item before the Board was subject to a public hearing, with Mr. Minkoff noting that it was not.

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

REPORTS - COMMISSIONER HANSON - DISTRICT #4

RESOLUTIONS/WATER RESOURCES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 1998-46 supporting the Florida Governor's Cup Tournament Series Qualifier in bass fishing, to be held on the Harris Chain of Lakes, at Venetian Gardens, on March 28 and 29, 1998.

ACCOUNTS ALLOWED/LEADERSHIP LAKE COUNTY

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved to participate with the Leadership Lake County Alumni Association as a sponsor for Lake County Day in Tallahassee, and to encumber and expend funds in the amount of $150.00.



ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

INDUSTRIAL PARK



Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, stated that six people responded to the RFP to supply engineering services for Phase II of the Christopher C. Ford Industrial Park. The County staff went through a selection process and reviewed the proposal and made a recommendation to the County Manager for McCoy and Associates. Mr. Anderson explained that the RFP was put out under the basic premise that the County would continue the same services as in Phase I, which would be a four-lane divided Independence Boulevard with the two-lane service roads. Staff negotiated a fee with McCoy and Associates at 8% of the construction cost. Mr. Anderson explained that staff learned that the original master plan for Phase II originally showed that the property would be cut up in a number of small 1 to 2 acre parcels, which would have resulted in a larger number of operations. The makeup of tenants have been pretty much established by becoming a leader in distribution warehouses, which allows for a lower number of employees. He stated that staff does not see the need to have to continue a four-lane divided road on Independence going from Phase I to Phase II, because a two-lane road could probably handle the traffic. Mr. Anderson noted that there would be ten and twenty acre parcels in Phase II rather than the small parcels, which will reduce the number of owners.

Commr. Swartz stated that, from the standpoint of just continuation of Phase II, he would assume that a standard two-lane road would be adequate, but he questioned whether, if the County ended up with some public use, fairground/exhibition center, it would have been better off to have had a boulevard, as opposed to the two-lane road.

Mr. Anderson directed the Board's attention to the backup material, which presented four scenarios for consideration. He stated that staff was recommending Scenario Four, which would include $50,400 reduction in engineering costs and $630,000 reduction in construction costs and allow McCoy and Associates to proceed under this criteria.

Mr. Don Griffey, Director of Engineering, explained another scenario that staff recently developed for the proposed roadway, if the fairgrounds/expo center is developed, but noted that staff has not put a cost to it. He noted that this scenario would be somewhere between Scenario 1 and Scenario 2, as noted.

Mr. Jim Stivender, Senior Director of Public Works, explained that O'Brian road is east of the site, and it has a left turn lane already in place, so it is a much shorter distance than going through the park.

Commr. Swartz questioned whether, if the County proceeds to use the property for some type of fairgrounds/expo facility, or some type of government use of property, the two-lane road back to Highway 19 would be adequate for the use.

Mr. Griffey stated that it would be adequate to handle the problem, because 10,000 vehicles a day can be handled on a two-lane road, and the County has a lot of collector roads that handle volumes in excess of that number. He stated that turn lanes would have to be designed at the entrances, and a four-lane boulevard coming to Highway 27 would be helpful for those types of events. He stated that this would fall under event management.

Commr. Hanson stated that she would like to go on record again as saying that she did not feel this was an appropriate place for the fairgrounds, although the Board did vote on it, and she was part of it, but even on hindsight, with an industrial park there, the folks that are investing in the property as an industrial park are not going to be real happy having to deal with a lot of traffic coming in and out of there, and her recommendation would be to leave the two-lane roads. She stated that the fair was probably never going to be there, because if a feasibility study was ever done for that location, it would be determined that this would not be the location for the fairgrounds.

Discussion occurred regarding the differences between the scenarios being proposed, as noted in the backup material.

Ms. Sue Whittle, County Manager, explained that the four-lane to the entrance of the fairgrounds was not included in these scenarios.

The Board members expressed a desire to see numbers for "scenario 5", which would include the fairgrounds.

Mr. Sandy Minkoff, County Attorney, stated that there were two items before the Board, one would be the retaining of the engineer, and the other would be the plan. The engineer is going to be compensated based upon construction cost percentage, and staff would like to get him retained, so he can begin the process, even though the Board may not make the final decision about that one particular area, because the County is in a time frame to get the Circuit City portion of the road designed and permitted.

Mr. Griffey explained that staff did do a scope of work that included an updated preliminary plan, stormwater master plan, a water and sewer master plan, full construction drawings, permits from the Water Management District, the Department of Transporation (DOT), the Department of Environmental Protection (DEP), and basically staff put together a scope where the engineer could take the County from this point and get it to the point where the County was ready to build the fairgrounds/expo center. Mr. Griffey stated that he considered Mr. Rick McCoy as a highly confident engineer.

On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5-0 vote, the Board approved to award RFP#98-061 to McCoy and Associates to supply engineering services for Phase II of the Christopher C. Ford Industrial Park and approval and execution of a contract between Lake County and McCoy and Associates at an estimated cost of $173,600.00.

Commr. Swartz directed staff to bring back a more refined drawing of the road system, as outlined as another scenario, to be built within Phase II of the Industrial Park, with approximate cost figures for the Board to review.

Ms. Whittle stated that staff will bring back, at the same time, options for the payment of the construction.

CONTRACTS, LEASES & AGREEMENTS/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management, explained that the Settlement Agreement between Lake County and Eric Coe, Keith Shamrock and Muni V. Padman was a little different than others that have been presented to the Board. She stated that this is a 13.4 acre parcel of property in urban expansion land use category in District 2. In 1987, this was zoned for CP and C-1 uses with a lot of high intensity commercial uses of over 38,000 square feet, and 232 parking spaces. After many meetings, the applicant moved forward with the request, and it was later in the process that the question of commercial location criteria came up. Staff has been dealing with the applicants for several weeks now, and because it is not a typical vested rights issue, through the assistance of County Attorney's Office, staff has decided to move forward with this Special Master and Settlement Agreement. She presented copies of the Agreement and stated that this was a good faith effort by staff and the applicant, and through adjustments to the land use development, and also some additional conditions on the amount and type of use, staff is presenting this for Board approval. Ms. Farrell reviewed an aerial of the property and noted that, through the special master process, all of the adjacent property owners were notified. There was one letter in the backup from one of the adjacent property owners stating that he was comfortable with the proposed Settlement Agreement. She referred to Page 2 of the Agreement and noted that the owner is agreeing to limit the property to single family residential use in urban expansion, or medical or professional offices, or church or day care, provided those uses meet the Comprehensive Plan. The applicant also agrees to connect to central water and sewer, as advised at the Development Review Staff (DRS) meeting for this particular site plan, and at the request of Hawthorne, an adjacent property, the applicant is going to limit the rear portion of the property to single family uses, four dwelling units per acre, and a minimum of 1,200 square feet of living area. Through this process, the applicant agreed that the vehicular connection shall not be to U.S. Highway 27, but shall be on Commander Road, which immediately abuts the property.

Mr. Sandy Minkoff, County Attorney, stated that the applicant would be required to pave up to their entrance. He stated that, because there was a closing involved, staff expedited the Special Master hearing; however, all of the adjacent property owners either attended or sent their approval of the Agreement through a representative at that meeting.

Ms. Farrell noted that staff was happy with the technical comments that are included with the site plan, the history of the property, and the C-1 zoning that exists on the site.

It was noted that Mr. Jimmy Crawford was present in the audience.

Commr. Gerber made a motion, which was seconded by Commr. Good, to approve the revised Settlement Agreement between Lake County and Eric Coe, Keith Shamrock and Muni V. Padman, (Owners), to allow Owner to develop a medical office, being approximately 6,500 square feet, on property located in the South of the Southwest 1/4 of the Southeast 1/4 Section 11, Township 20 South, Range 24 East.

Under discussion, Commr. Swartz questioned whether the item before the Board was subject to a public hearing, with Mr. Minkoff noting that it was not.

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

REPORTS - COUNTY ATTORNEY

GROWTH MANAGEMENT/ZONING

Mr. Sandy Minkoff, County Attorney, advised the Board that Tarmac has submitted a document asking for a rehearing. He stated that he will be meeting with Mr. Sue Whittle, County Manager, and Ms. Sharon Farrell, Senior Director of Growth Management, to discuss the request, and if Board action is necessary, they will be bringing back a recommendation to the Board.

COMMITTEES/COUNTY ATTORNEY

Mr. Sandy Minkoff, County Attorney, stated that the Board had requested an opinion from the County Attorney's Office on the contribution to the Florida Association of Counties (FAC) for the political action committee, and he has been doing the research, but he has been waiting for the action taken by the Constitutional Revision Commission. He should be giving the Board an opinion within the next week or so.

EDUCATION/COUNTY ATTORNEY

Mr. Sandy Minkoff, County Attorney, advised the Board that Mr. Ellis Wiley, Principal of Tavares High School, has asked him to be on a committee to help raise funds to rebuild the football stadium in Tavares, and he will not solicit anyone who does business with the County.



COMMISSIONERS/MEETINGS

REPORTS - COMMISSIONER GERBER - DISTRICT #1

Commr. Gerber discussed the date for the next Board Advance meeting.

After some discussion, the Board members directed Ms. Ava Kronz, Director, Continuous Quality Improvement, to coordinate their calendars and schedule the meeting.

COMMISSIONERS

At 11:30 a.m., it was noted that Commr. Cadwell had left the meeting.

REPORTS - COMMISSIONER GOOD - DISTRICT #2

ROADS-COUNTY & STATE/PUBLIC WORKS

Commr. Good requested that staff make a presentation at this time on some problems that the County has had for many years on Loop Road, as a part of a much larger flooding problem associated with the Big Prairie area. He stated that this was part of a problem that the Legislative Delegation is looking at, and it is really a problem that needs to be addressed at the local level.

It was noted that Mr. Jim Stivender, Senior Director of Public Works, Mr. Don Griffey, Director of Engineering, Mr. Chris Greco, Computer Services, and Mr. Ross Pluta, Engineer II, were going to make the presentation.

Mr. Stivender explained that the area being discussed was about five miles south on C.R. 33 from Okahumpka, at the intersection of Bridges Road and Merritt Road. He explained what the County had done in 1982 and 1983 and what was being done today and noted that it was basically the same review process. He stated that some of the outfall for this area flows west, but most of it flows through a series of connections through the ponds and goes under C.R. 33. He stated that, even though the connection was shown historically, it did not exist in 1982 or today, and it is flowing just like it did in 1982. Mr. Stivender stated that the entire area was assessed in 1982, and staff has an estimate to do a special assessment and other things associated with the entire loop. In 1982, the County acquired a lot of rights-of-way from the Merritts, and some of it has been County maintained, and the pipes have been identified and involves private issues. He stated that staff has addressed the drainage on C.R. 33, which is the County's responsibility to get it drained. Mr. Stivender stated that the area was all flat land pasture that was broken up into five acre tracts, with no real research being done on stormwater management, which creates the dilemma.

Mr. Pluta provided a narration of the pictures that were made yesterday of the area, which included the fill that had been used to help alleviate some of the problems, and the improvements that have been made by the residents.

Commr. Good stated that last week, the Engineering Department prepared a map, which showed some engineering improvements that would probably be needed in order to continue the flow. He explained that staff does not know the levels of the culverts that the residents put in, and there is a long history of people trying to place these culverts. Commr. Good stated that he would like to have staff offer their assistance and engineering expertise, in the near future, to identify the levels of the culverts and determine where the culverts would need to be placed, to help the people resolve the problems.

Commr. Hanson questioned whether this would be precedent setting or has the County done this in the past.

Mr. Stivender stated that it would depend on whether the Board wanted to declare this as an emergency. He stated that the County has done a lot of things like this and this has been an ongoing issue for 15 to 20 years. He further stated that they have not done an assessment in the past, and in areas like this one, it is no different than 1994 or 1995 when there was so much rain in the east part of the County. Mr. Stivender stated that there would be no capital cost associated with the assessment, and there would be time and labor of a survey crew to identify the pipes and determine the location, which would cost $300 to $400 a day. He stated that, if staff did anything, it would make a recommendation to the private property owners for staff to assist them as a professional service to them.

Mr. Griffey stated that a permanent solution would be to pave the road, which would be very expensive, but an alternative option would be to provide them with a plan that has been prepared by an engineer and approved by the proper agencies for them to do their own work.

Commr. Hanson stated that she would support the use of staff to make recommendations for the improvement plan.

Commr. Swartz felt that staff was asking for the Board to authorize the use of staff in an emergency situation that has to do with flooding. The County will not maintain the road, or do the improvements, but it will identify the culverts and their elevations, for the use by the homeowners.

Commr. Good suggested that staff assist with the permitting process. He was seeking Board support today for utilizing staff to develop an improvement plan for the Loop Road area utilizing the County's professional expertise. He hoped that the St. Johns River Water Management District would help the County through the permitting process.

Commr. Swartz questioned whether staff was able to differentiate the emergency nature of the area wide flooding that was occurring, in order to say that this is what has been done in the past and is appropriate to do and is different than the County's normal special assessment road process.

Mr. Stivender indicated that he was able to differentiate between emergency flooded areas versus the design of road and stated that there is one situation in the Big Prairie that is somewhat similar and will be addressed later. He explained that there was another one in Okahumpka, which staff has been addressing in the same way.

Commr. Hanson stated that the County has not experienced the same problems this year in the Lake Mack area, because of the cleanup process that has been taking place.

Mr. Minkoff addressed the issue of opening a ditch on private property and stated that typically there would have to be a public purpose.

Mr. Stivender and Mr. Griffey reviewed the areas where the County has rights-of-way, with Mr. Griffey noting that seven out of the nine locations that have been identified by Mr. Pluta have publicly dedicated rights-of-way.

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved to put on the agenda the improvements on Loop Road.

It was noted that Commr. Cadwell was not present for the discussion or vote.

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved to authorize staff to utilize staff time to develop a Loop Road improvement plan, which would identify the flows in the area and levels and sizes of culverts necessary to maintain the normal flow in that area, and to assist the residents with the permitting process, but having the residents bearing the costs for the actual construction improvements on the road. The motion included staff doing this on areas that the County has the right-of-way, and on the ones that the County does not have the right-of-way, staff will be working with the property owners to try and gain that right-of-way.

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

ROAD-COUNTY & STATE/PUBLIC WORKS

Commr. Good stated that about three years ago there was a problem with flooding in the Sumter County area, and one of the Sumter County Commissioners has been talking with the Lake County staff to help resolve some of the problems with the flooding. As a regional solution, it would require cooperation between both Sumter County and Lake County and support from the Legislative Delegation and the Water Management Districts, to help the water, which historically flows through this area, to continue to flow through the area. He stated that this did not necessarily mean developing new water control structures, but it was a question of maintaining structures that presently exist in light of a significant amount of rainfall occurring in the earlier part of the year.

Mr. Jim Stivender, Senior Director of Public Works, stated that the area involves approximately 20 square miles, which is west of C.R. 33, and it includes the Groveland area all of the way up to the Loop Road area. It all flows in and around the Big Prairie area and other flooded areas through a ditch, which goes into Sumter County and runs diagonally into Wall Sink. He stated that staff has found that the ditch, at the County line, is completely clogged with rotten vegetation, and they found a two foot fall in the elevation of water. Mr. Stivender stated that the entire mile needs to be cleaned out, in order to drain 20 miles as it was originally built and designed to do some 40 to 50 years ago. He noted that this has been discussed with Sumter County.

Commr. Swartz questioned whether staff was seeking action from the Board to have staff work with Sumter County in a cooperative effort, to identify solutions to this problem, and perhaps the St. Johns River Water Management District, and to come back to the Board, and perhaps the Sumter County Board, in conjunction with the Water Management Districts, with solutions.

Commr. Hanson stressed that the Water Management Districts were formed for drainage issues, and she was willing to do what has been requested, but they should be providing the solution. She stated that they need to be made aware of the problem and the potential solution, because it is their responsibility, and they are funded significantly to deal with such issues.

Mr. Stivender clarified that Handley Road has a restriction of pipe size, and they are only running half full, and everything north and south are much larger. He stated that Handley Road will be the restriction, and staff was not proposing to enlarge any of those pipes as part of any proposal. He stated that, to protect Sumter County, staff wanted it clear that they just want to be able to get to these pipes, not to flood any part of the development.

Commr. Swartz clarified that the solution will be coming back to this Board, and presumably the Sumter County Board, and the Water Management Districts, as well.

Commr. Good made a motion, which was seconded by Commr. Hanson, for the Board to approve to authorize staff to discuss with the Sumter County staff the necessary actions that would be taken to improve the natural drainage and flow of the Big Prairie area, as it relates to the Lake County and Sumter County boundaries, and to include in that group the Water Management Districts' staff as well.

Under discussion, Commr. Good explained that all of these groups have been looking at this for several years, and in the mean time, the rain cycle has turned, and there are many residents under water in his district. He stated that the real emergency solution is to address the residents' needs and work it out with the Water Managements' staff, as needed, to get the solution to take place.

Commr. Hanson questioned whether staff had any idea of what solution will cost.

Commr. Swartz clarified that the cost would be part of what staff will be bringing back to the Board.

Mr. Stivender stated that, in the motion, he wanted to make sure that staff can get quotes, so the Board will have a price.

Commr. Swartz clarified that staff will identify the problems, and identify and quantify the solutions, work with Sumter County and the Water Managment District, or other agencies, to try and find a comprehensive solution and bring it back to this Board, and to the Sumter County Board.

Commr. Gerber congratulated Commr. Good for getting all of this information to the Board.

The Chairman called for a vote on the motion, which was carried by a 4-0 vote.

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

ADDENDUM NO. 2

REPORTS - COMMISSIONER GOOD - DISTRICT #2

RESOLUTIONS/WATER RESOURCES

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the execution of Resolution 1998-44 in support of Preservation 2000.

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

Commr. Good requested that the Resolution be delivered to the Senate Natural Resources Committee, the House Environmental Protection Committee, and the House Water and Resource Management Committee.

RESOLUTIONS/WATER RESOURCES

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved Resolution 1998-43 in support of Forever Florida.

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

Commr. Good requested that the Resolution be delivered to the Senate Natural Resources Committee, the House Environmental Protection Committee, and the House Water and Resource Management Committee.

RESOLUTIONS/LEGISLATION

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved Resolution 1998-45 regarding Hurricane Andrew and the swift passage of Senate Bill 1478 and House Bill 3827.

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

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the appointment of Ms. Margaret Giacobe to the vacant District 2 position on the Lake County Board of Adjustments.

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



RESOLUTIONS/WATER AUTHORITY

Commr. Good stated that he would like to bring to the Board the issue of the "No Wake" Resolution regarding Lake Palatlakaha, which the Board had taken action on several times. He stated that, after further discussion with the Water Authority, he discovered some language differences, and he wanted the Board to change Section 1 to read as follows: "An Idle Speed/No Wake Zone is hereby established for the areas of Lake Palatlakaha and other adjacent water bodies lying between Highway 50 and County Road 561."

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved to place the item regarding Lake Palatlakaha and the language change on the agenda.

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

On a motion by Commr. Good, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the following language to amend Resolution 1998-41: "An Idle Speed/No Wake Zone is hereby established for the areas of Lake Palatlakaha and other adjacent water bodies lying between Highway 50 and County Road 561."

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

WATER RESOURCES/STATE AGENCIES

Commr. Good informed the Board that there is a permit to divert water from Lake Lowry into the Peace River to run St. Johns River water to the Gulf of Mexico. He stated that there was a meeting March 4, 1998, with one of the Commissioners from Polk County and his staff, the St. Johns River Water Management District staff, the Southwest Florida Water Management District staff, and Lake County staff, and about 60 or more of the residents, and it appeared to him that there will be a meeting on April 7, 1998, in which the Water Management District Governing Board of the St. Johns River Water Management District will make a decision as to whether or not to grant permit #4-105-0031AG-ERP. He felt that, to make this diversion occur, it set a horrible precedent.

Commr. Swartz explained that the Board has already approved and sent a similar letter to the Southwest Florida Water Management District. He stated that, without objection, the Board has already taken action to do this and he would be glad to send another letter in support of exactly what the Board has already approved. To the broader issue, he knows that the Lake County Water Authority has gone into an Administrative Hearing, and Lake County has had a problem of not having the Water Authority's background, and he suggested that, if Commr. Good places the item on the agenda and gives the Board the backup, it would consider the issue.

Mr. Sandy Minkoff, County Attorney, informed the Board that he and Mr. Allen Hewitt are reviewing both the Southwest permit to see whether or not the County should think about intervening into the Administrative Hearing, as well as the St. Johns permit, and he anticipated that staff would have a report for the Board next week, because it will be the last Board meeting before the St. Johns meeting.

WATER RESOURCES

Commr. Good extended an invitation to the Board members to participate in the St. Johns River Clean-up this weekend.

MINUTES

Discussion occurred regarding the Minutes of January 27, 1998, Regular Meeting, and the For Your Information Item, in the backup, regarding language contained in the motion on Page 32, Lines 12-13..

Commr. Swartz questioned whether the language in the Minutes of January 27, 1998, stated what was said at the meeting

Commr. Good stated that what was stated was correct and the minutes should stand.

Discussion continued regarding the Minutes of January 27, 1998, Regular Meeting, with the following correction being made:

Page 7, Lines 1-7: It was a 4-0 vote, and Commr. Hanson declared a conflict and did not vote.



On a motion by Commr. Gerber, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the Minutes of January 27, 1998, Regular Meeting, as corrected.

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

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried by a 4-0 vote, the Board approved the Minutes of February 3, 1998, Regular Meeting, as presented.

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

Discussion occurred regarding the Minutes of February 10, 1998, Regular Meeting, with the following corrections being made:

Page 4, Line 32: Change "structured" to "structure".

Page 10, Line 2: Add the word "task".

On a motion by Commr. Gerber, seconded by Commr. Good and carried by a 4-0 vote, the Board approved the Minutes of February 10, 1998, Regular Meeting, as corrected.

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

Discussion occurred regarding the Minutes of February 13, 1998, Special Meeting.

Commr. Good referred to Page 3, Lines 5-8, which stated that the functions of advisory committees was going to be placed on the agenda for discussion at a future Board workshop.

Commr. Swartz stated that the Board was still going to have this discussion, as soon as a Board Advance meeting was scheduled.

Commr. Good referred to Page 5, Line 13, and requested an update on the signage at the existing Agricultural Center. It was supposed to be made more visible to County Road 19.

Commr. Gerber referred to Page 8, Line 29, and stated that she wanted to go on record as not supporting the letter to the School Board that said the Board did not want to do anything with the tax.

Commr. Swartz noted that there was no vote on the issue, and each of the Board members expressed varying opinions and perhaps the Board should ask the Deputy Clerk to go back and add some of the comments that Commr. Gerber made and bring those minutes back to the Board for review.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:25 p.m.



G. RICHARD SWARTZ, JR., CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



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