A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 6, 1999

The Lake County Board of County Commissioners met in regular session on Tuesday, April 6, 1999, 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: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

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

AGENDA UPDATE

The Chairman noted that there was a published Addendum No. 1 to the Agenda.

Ms. Sue Whittle, County Manager, informed the Board that she would like to add to the Agenda a discussion regarding Lake County Day, under her County Manager's Business.

Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda, under his County Attorney's Business, the issue of a road vacation request by Mr. Claude Smoak, in Minneola, which he noted would require Board action.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda the issue of Lake County Days and the road vacation request by Mr. Claude Smoak.

MINUTES

Regarding the Minutes of March 2, 1999, the following changes were requested:

On Page 8, Line 10, change contact the State to research the issue.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 2, 1999 (Regular Meeting), as corrected.

Regarding the Minutes of March 4, 1999, the following changes were requested:

On Page 10, Line 28, change it was the intent of the Board that We Care would be a heavily funded program to the Board had a commitment to significantly fund the We Care program.

On Page 11, Lines 3 and 4, change General Fund to County Grant Program.



On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 4, 1999 (Special Meeting), as corrected.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 9, 1999 (Regular Meeting), as presented.

CLERK OF COURTS' CONSENT AGENDA

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

Bonds - Contractor

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



NEW



1693-99 Jim Cichielo d/b/a The Villages of Lake-Sumter, Inc.

4245-99 Jim Spencer d/b/a J & R Signs

5509-99 John Breek d/b/a Creative Pools & Spas

5687-99 Gilfredo M. Ares (Residential)

5688-2001 John D. Green d/b/a Windmill Properties (Residential)

5689-99 Ronald Webber d/b/a Webber Homes (Building)

5690-99 Richard Lee Perkins d/b/a Pro-Line Electric, Inc.

5691-99 William Gamble IV d/b/a W & W General Contractors



CANCELLATION



4340-99 Ray Bauder (Aluminum Contractor)



RIDER



4571-99 David Gibbs (Anniversary date has been changed to September 30, 1999)



Accounts Allowed/County Property



Request for approval of list of items to be deleted from Fixed Assets, for the month of April, 1999, in the amount of $47,995.70.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for Case No. 87-301-CJ, in the amount of $50.00, and authorized proper signatures on same.



Accounts Allowed/Code Enforcement/Courts-Judges



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



Reduction of Order of Fine for Willie and Mae F. Sager, in the amount of no dollars, dated February 16, 1999, recorded in Official Records Book 1688, Pages 2122 and 2123. Judgment-Creditor acknowledges receipt of no dollars as payment in full of said indebtedness and hereby acknowledges satisfaction of said Judgment.



Order of Fine for James Loper, in the amount of $250.00, dated May 22, 1997, recorded in Official Records Book 1525, Page 1316. Judgment-Creditor acknowledges receipt of $250.00 as payment in full of said indebtedness and hereby acknowledges satisfaction of said Judgment.



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.



Audits/Reports/State Agencies



Request to acknowledge receipt of St. Johns River Water Management District Annual Financial Audit and Annual Local Government Financial Report for FY 1997/98.



Municipalities/Reports



Request to acknowledge receipt of City of Umatilla Comprehensive Annual Financial Report, dated September 30, 1998.



Reports/State Agencies



Request to acknowledge receipt of following reports from the Southwest Florida Water Management District, in accordance with Sections 373.507 and 28.32, Florida Statutes:



Comprehensive Annual Financial Report for Fiscal Year ended September 30, 1998, including the Supplementary Financial Statements Pursuant to OMB Circular A-133 and the Management Letter Pursuant to the Rules of the Auditor General for the State of Florida.



Annual Local Government Financial Report for Fiscal Year 1997/1998.



Florida Public Service Commission/Utilities



Request to acknowledge receipt of Notice Before the Florida Public Service Commission, In Re: Application for approval of transfer of majority organizational control of Crystal River Utilities, Inc., holder of Certificate Nos. 123-W, 396-W, 507-W, 441-S, 53-W, 594-W, and

510-S in Polk, Sumter, Lake, Citrus, and Palm Beach Counties, to AquaSource Utility, Inc., Order Declining to Initiate a Show Cause Proceeding, Approving Application for Transfer of Majority Organizational Control and Closing Docket, by order of the Florida Public Service Commission, the 8th day of March, 1999.



Florida Public Service Commission/Utilities

Request to acknowledge receipt of Notice Before the Florida Public Service Commission, In Re: Proposed Amendments to Rule 25-4.005, F.A.C., Transfer of Certificate of Public Necessity as to All or a Portion of Service Areas. Docket No. 990206-TP, Order No. PSC-99-0521-NOR-TP, Issued: March 18, 1999, Notice of Rulemaking.



Florida Public Service Commission/Utilities



Request to acknowledge receipt of Notice Before the Florida Public Service Commission: Notice of Continuance of Rulemaking Hearing to All Electric Utilities, Valencia Condominium Association, Point Management, Inc., and All Other Interested Persons, Docket No. 981104-EU, In Re: Proposed Amendment of Rule 25-6.049, F.A.C., Measuring Customer Service, Issued March 18, 1999, 9:30 a.m., Wednesday, May 5, 1999, Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida, 32399-0850.



Florida Public Service Commission/Utilities



Request to acknowledge receipt of Notice of Commission Prehearing Conference and Hearings Before the Florida Public Service Commission to Lockheed Martin IMS, GTE Florida, Inc., Sprint-Florida, Inc., and All Other Interested Persons; In Re: Docket No. 990223-TL; Request for review of proposed numbering plan relief for the 941 area code. Notice is hereby given that a hearing will be held on April 8, 1999, at 10:00 a.m. and 6:00 p.m., Sarasota County Administrative Center, Board of County Commission Chambers, Sarasota, Florida; and on April 9, 1999, at 12:00 p.m. and 6:00 p.m., Radisson Inn, Fort Myers, Florida. A prehearing conference will be held on April 1, 1999, at 9:00 a.m., Betty Easley Conference Center, Room 152, Tallahassee, Florida.



Florida Public Service Commission/Utilities



Request to acknowledge receipt of Legal Notice from Utilities, Inc.- Notice of Application for Amendment of Certificates 534-W and 465-S to Add Additional Territory: Notice is hereby given, on February 23, 1999, pursuant to Section 367.045, Florida Statutes, of the application for Amendment of Certificates 534-W and 465-S, by Lake Groves Utilities, Inc., to provide water and wastewater utility service to a portion of the North of Section 15, Township 24 South, Range 26 East, Lake County, Florida, as indicated in the Legal Notice.



Any objection to said application must be made in writing and filed with the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0850. A copy of said objection should be mailed to Mr. Ben E. Girtman, Esquire, Attorney at Law, 1020 E. Lafayette Street, Suite 207, Tallahassee, FL, 32301, and Mr. Carl J. Wenz, Vice President, Utilities, Inc., 2335 Sanders Road, Northbrook, IL, 60062.



Florida Public Service Commission/Utilities



Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission, In Re: Docket No. 980569-PU, notifying all interested persons that a hearing will be held at the following time and place, regarding said docket:



9:30 a.m., Thursday, August 12, 1999

Betty Easley Conference Center

Room 148

4075 Esplanade Way

Tallahassee, FL 32399-0862



Person To Be Contacted:



Christiana Moore

Division of Appeals

Florida Public Service Commission

2540 Shumard Oak Boulevard

Tallahassee, Florida 32399-0852

(850) 413-6098



Municipalities/Ordinances



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



Ordinance No. 98-24, amending the boundaries of the City of Tavares, by including within the city limits approximately eight acres of property generally known as The Dora Isles Subdivision, rezoning the property from County RH to City RMH-S and amending the Future Land Use Map from County Urban Expansion to City MH; subject to the rules, regulations and obligations ordained by the City of Tavares Council; providing an effective date. Passed and ordained the 3rd day of March, 1999, by the City Council of the City of Tavares, Florida.



Ordinance No. 98-28, amending the future land use designation of property generally described as Lots 8 and 9 of Southridge Industrial Park in Lake County, Florida; changing the future land use designation from Lake County Employment Center to City Industrial; subject to the rules, regulations and obligations ordained by the City of Tavares Council, providing an effective date. Passed and ordained the 6th day of January, 1999, by the City Council of the City of Tavares, Florida.



Ordinance No. 98-35, amending the boundaries of the City of Tavares, by including within the city limits all rights-of-way shown on the plat of Southridge Industrial Centre; providing an effective date. Passed and ordained the 3rd day of February, 1999, by the City Council of the City of Tavares, Florida.



Ordinance No. 98-36, amending the boundaries of the City of Tavares, by including within the city limits a portion of the right-of-way of CR 561, CR 448, and Lane Park Cutoff Road; providing an effective date. Passed and ordained the 3rd day of February, 1999, by the City Council of the City of Tavares, Florida.





Accounts Allowed/Deeds



Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $26,353.91.



Municipalities/Ordinances



Request to acknowledge receipt of Annexation Ordinance No. 99-17, from the City of Leesburg, annexing certain property owned by Phycorp Land Developers, Inc., said property consisting of approximately 494.49 acres and being generally located east of U.S. Hwy. 27 and south of CR 48, lying in Sections 13, 14, and 24, Township 20 south, Range 24 east, Lake County, Florida, which is contiguous to the city limits of the City of Leesburg, Florida; providing that said property so annexed shall be liable for its proportionate share of the existing and future indebtedness of said city; providing that such annexed property shall be subject to all laws and ordinances of said city, as if all such territory had been a part of the City of Leesburg at the time of passage and approval of said laws and ordinances; providing that such annexed territory shall be rezoned from County PUD (Planned Unit Development) to City R-1-A (Single Family Residential) and C-1 (Neighborhood Commercial); and providing for an effective date. Passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 8th day of March, 1999.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 25, a request for approval of First Amendment to Interlocal Agreement between Lake County and City of Leesburg Relating to Funding Improvements at Leesburg Regional Airport from County Transportation Trust Fund for FY 1998/99, be pulled, for discussion, and stated, for the record, that he felt the number of Satisfaction of Lien Assessments (21) being requested for approval, under Tab 24, was a large number of assessments.

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

Communications Systems/Resolutions



Request from Communications Systems for approval of Resolution No. 1999-51, setting the annual E9-1-1 fee, pursuant to requirements of Florida Statute 365.171.



Community Services/Grants



Request from Community Services for approval for the Board of County Commissioners to serve as the coordinator for local governments in Lake County, in the application process for the Edward Byrne Drug Control and System Improvement Grant, and authorized proper signatures on the "Certification of Participation" document. The grant funds require a 25% cash match from local governments recommended to receive funding locally.



Community Services/Libraries



Request from Community Services for approval to hold the Second Annual Lake County Library System Information Fair at the Lake Square Mall, on Saturday, April 13, 1999, and approval for the County Manager to sign the permit application.



Economic Development/Funds



Request from Economic Development for approval of amendments to the Jobs Growth Investment Trust Fund guidelines, to reflect changes in the Lake County Average Annual Wage and Award Guidelines.



Accounts Allowed/Economic Development



Request from Economic Development for approval of Jobs Growth Investment Trust Fund award of up to $25,000.00 for Susie's Structures, Inc.



Accounts Allowed/Economic Development



Request from Economic Development for approval of Jobs Growth Investment Trust Fund award of up to $57,500.00 for United Signs and Signals, Inc.



Accounts Allowed/Economic Development



Request from Economic Development for approval of Jobs Growth Investment Trust Fund award of up to $75,000.00 for Maritec Industries, Inc.



Accounts Allowed/Contracts, Leases and Agreements/Municipalities

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval for the Chairman to execute an agreement with the City of Tavares, relative to the contribution of Boating Improvement Funds for boating related facilities, in the amount of $41,172.00.



Accounts Allowed/Contracts, Leases and Agreements/Municipalities

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval for the Chairman to execute an agreement with the City of Eustis, relative to the contribution of Boating Improvement Funds for boating related facilities, in the amount of $8,828.00.



Accounts Allowed/Budgets/Fiscal and Administrative Services



Request from Fiscal and Administrative Services for approval of the following budget adjustments for FY 1998/99:



A. Transfer of funds, in the amount of $813,200.00, from Industrial Park Development, and $36,263.00 from Construction in Progress, Christopher C. Ford Central Park Fund, Facilities and Capital Improvements, to Roads, for a total of $849,463.00. Phase II construction costs were originally budgeted in the account code Industrial Park Development. These costs have been appropriately charged to the Roads object code.



B. Transfer of funds, in the amount of $10,000.00, from Contingency - Sheriff, General Fund, Constitutional Offices, to Jail Ops - Equipment. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer from the General Fund Sheriff Contingency Account.



C. Resolution No. 1999-52, to receive unanticipated revenue, in the amount of $1,200.00, to the Promotional Activities Expenditure, in the General Fund, from Miscellaneous Revenue sources, as a result of revenue sharing proceeds from the Central Florida Fair.



D. Resolution No. 1999-53, to receive unanticipated revenue, in the amount of $177,477.00, to the Law Enforcement Trust Fund, from Confiscated Property, as a result of an undercover investigation by the Lake County Sheriff's Office. The amount of $1,000.00 is to be placed in Other Current Charges and the amount of $176,477.00 is to be placed in Machinery and Equipment.



E. Resolution No. 1999-54, to receive unanticipated revenue, in the amount of $100,000.00, to Reserve for Capital Projects, from the FDEP Palatlakaha River Park Grant reimbursement.





Accounts Allowed/Fiscal and Administrative Services/Funds/Landfills/Solid Waste



Request from Fiscal and Administrative Services for approval of transfer of funds from Repair and Maintenance, Landfill Enterprise Fund, Solid Waste Management, in the amount of $25,500.00, to Contractual Services, to cover disposal costs of Class III and non-burnable material that cannot be processed at the Waste-to-Energy facility.



Accounts Allowed/Contracts, Leases and Agreements/Municipalities

Procurement Services/Sheriff's Office



Request from Procurement Services for approval of the following:



A. Execution of the first amendment to the lease agreement with the City of Clermont, for commercial office space for the Sheriff's Office, located at 8822 DeSoto Street, Clermont, to extend the existing lease through November 30, 1999, at the same lease amount of $1,575.00 per month. Funding will be from the General Fund, Sheriff, Law Enforcement, Rental and Leases.



B. Execution of the second amendment to the lease agreement with James L. Meadows, for commercial office space for the Tax Collector's Office, located at 1208 Bowman Street, Clermont, to extend the existing lease on a month to month basis, at the same lease amount of $1,000.00 per month. Funding will be from the General Fund, Tax Collector, Rentals and Leases.



Personnel



Request from Personnel for approval of Certificates for employees with one and three years of service.



Code Enforcement/Growth Management/Personnel



Request from Personnel for approval of the addition of two Code Enforcement Officers, Pay Grade 0013, in the Department of Growth Management, Code Enforcement Services Division.



Personnel/Resolutions



Request from Personnel for approval and signature of Resolution No. 1999-55, to recognize the accomplishments of Lake County Volunteers and to declare the month of April, 1999, as Volunteer Appreciation Month. Said Resolution to be presented to Volunteer representatives from Lake County organizations at the meeting of April 20, 1999.



Accounts Allowed/Public Works/Subdivisions

Request from Public Works for authorization to release a Letter of Credit, for Performance, in the amount of $9,185.00, that was posted for Lake Crescent Pines East Subdivision.



Public Works/Resolutions/Roads-County and State/Signs



Request from Public Works for approval of Resolution No. 1999-56, authorizing the posting of "NO PARKING OR LOITERING" signs in the cul-de-sac on the southern end of Okaloosa Trail (4-4198A), in the Wekiva area.



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



Request from Public Works for approval to award CR 44/CR 473 Signalization Project No. 3-99, Bid No. 99-060, to Gray Materials & Contracting, Inc.; and to encumber and expend funds, in the amount of $95,235.00, from the Road Impact Fee Fund. The project will consist of installing a traffic signal, with pedestrian crossing, at the intersection of CR 44 and CR 473, in the Haines Creek area - District 3 - Commissioner District 5.



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



Request from Public Works for approval to award CR 42 Widening and Resurfacing Project No. 8-95, Bid No. 99-059, to Gray Materials & Contracting, Inc., in the amount of $820,065.65; and to encumber and expend funds, in the amount of $514,124.65, from the Road Impact Fee Fund, and $305,941.00 from the Transportation Trust Fund. This project will consist of constructing paved shoulders on each side of CR 42, beginning west of Maggie Jones Road and ending at a point near Rancho Lane. Also, included is the construction of turn lanes at the intersection of Pennsylvania Avenue, new construction of Fisherman's Road, and construction on Spring Creek Road - Benefit District 3 - Commissioner District 4.



Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions

Roads-County and State/Subdivisions



Request from Public Works for authorization to accept the final plat for Westchester - Phases 6 and 7; execute a Developer's Agreement between Lake County and Titan 474, Inc., for Maintenance of Improvements; accept an irrevocable Letter of Credit, for Maintenance, in the amount of $33,020.60; and execute Resolution No. 1999-57, accepting the following roads into the County Road Maintenance System: Wilkinson Drive "Part" (2-0159J) and Herring Lane

(2-0159L).



Accounts Allowed/Bids/Public Works/Road Projects



Request from Public Works for approval to award Countywide Guardrail Project No.

3-98 and Countywide Striping Project No. 5-99, Bid No. 99-062, to Highway Valets, Inc.; and to encumber and expend funds, in the amount of $294,790.00, from the Transportation Trust Fund - Commissioner Districts 1, 2, 3, 4 and 5.



Assessments /Roads-County and State



Request from Public Works for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens (21), as follows:



ASSESS # NAME PAID



665003 Dorothea Connor 02/17/99

687013 Harry Sullivan, Et Al 02/10/99

691003 Gerald W. and Sharon L. Brown 01/14/99

691006 Donna M. Langevin 02/02/99

691012 Joel E. Davis 02/08/99

691013 Shockley Hill Club, Inc. 02/03/99

691016 Carol S. and Eric T. Olson 02/01/99

691019 Glen R and Joyce E. Hanes 02/05/99

691021 John R. and Janet K. Fetrow 02/08/99

691024 Douglas and Lela Kipp 02/05/99

691029 Charles E. and Lois R. Robbins 02/03/99

691030 Danny B. Brown and Robert G. Hague 02/01/99

691031 Charles E. Vanderford 02/16/99

691040 Robert G. Gregoire 02/02/99

691049 Keith and Phyllis Miller 02/02/99

691050 Walter A. Ketcham 02/02/99

691054 John R. and Janet K. Fetrow 02/08/99

691061 P. W. and Margaret K. York 02/01/99

691063 Jerry L. Harding 02/03/99

691080 Leona Smigelski 02/25/99

691093 Olga Peterec (Life Estate) 02/01/99



Municipalities/Public Works/Resolutions/Roads-County and State/Signs



Request from Public Works for approval of Resolution No. 1999-58, authorizing the posting of "NO PARKING ON RIGHT OF WAY" signs in Leesburg, on both sides of the following roads:



Skinner Avenue (1-4733), entire length

Pringle Avenue (1-4733A), for 350' from Skinner Avenue

Burrell Avenue (1-4733B), at Pringle Avenue intersection



Deeds/Public Works/Rights-of-Way, Roads and Easements



Request from Public Works for acceptance of the following:



Non-Exclusive Easement Deeds



Miller Enterprises, Inc.

C 473/44

SP #98-07-53



Fritzsche, Arlene Hazel Rose

Cresthaven Court (5-7658A)

LOR 98L-0009



Statutory Quitclaim Deeds



Merritt, Mamie G.

Creech, Martha E.

C- 455

Road Project



Statutory Warranty Deeds



Raboy, Bernard and Caroline E.

Gertrude Place (3-4468)

LOR 99L-037



Colby, Andrew C. and Carmen M.

Green Swamp Road (2-0439)

LOR 99C-006



Stickney, Warren K. and Terry M.

Keene Road (5-8165)

Road Project



Farling, Richard L. and Rebecca G.

Lake Ella Road (1/5-6604)

LOR 99L-013



Dent, Kelvin C. and Sharon B.

Monte Vista Road (CR 2-1225)

LOR 98C-0031



Chester C. Fosgate Co.

N. Hancock Road (2-1354)

Road Project



Chester C. Fosgate Co.

N. Hancock Road Expansion

Road Project



Saxton, Verlon John

Number Two Road (3-3024)

LOR 99L-021



Minneola Oaks Development Corporation, Inc.

O'Brien Road (2-2427)

MLS 98L-0074



Chester C. Fosgate Co.

Oakley Seaver Road (NRD97037 N. Hancock)

Road Project



Gosche, Robert E. and Mary C.

Rolling Acres Road

First Street Road Project



Ginney, William and Barbara

Sugarloaf Mountain Road (2-2350)

FDE 99-101



Temporary Non-Exclusive Easement Deeds



Spikes, M.L. and Jonnette M.

Lake Emma Road (2-2119)

Road Project



Chester C. Fosgate Co.

N. Hancock Road (2-1354)

Road Project



Chester C. Fosgate Co.

N. Hancock Road (2-1354)

Road Project



Contracts, Leases and Agreements/Public Works/Roads-County and State



Request from Public Works for approval and execution of a Florida Power Corporation Right-of-Way Utilization Agreement, for a portion of the South Lake Recreational Trail, adjacent to the proposed North Hancock Road Extension.



PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

EMPLOYEE AWARDS

COUNTY EMPLOYEES

The Chairman presented Employee Awards, as follows:



Plaques to Employees with Five Years of Service



Steven Bollinger, Signals System Technician, Public Works/Roads (Not Present)



Teresa Harrison, Accounting Technician I, Public Works/Roads (Not Present)



Plaques to Employees with Ten Years of Service



Kevin Chamberlain, Firefighter/EMT, Emergency Services/Fire Rescue



Robert D. Spears, Building Inspector III, Growth Management/Building (Not Present)



Sarah R. LaMarche, Fiscal and Administrative Services Director, Fiscal and Administrative Services



Paul Michael Anderson, Facilities and Capital Improvements Director, Facilities and Capital Improvements



Michael W. Bass, Firefighter/EMT, Emergency Services/Fire Rescue



Plaques to Retiring Employees



Harley E. Evans, Probation Officer, Probation, Community Services - Fourteen Years (Not Present)



Will Lamond, Sign Fabricator I, Roads/Signs, Signals, and Striping, Public Works - Twenty-Nine Years





PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARING

GROWTH MANAGEMENT/ORDINANCES/ZONING

PETITION NO. PH 12-99-2 - A AND CP TO MP - RICHARD H. LANGLEY

It was noted that this was a continuation of Zoning Case No. PH 12-99-2, Tracking No. 19-99-MP, a request for rezoning from A (Agriculture) and CP (Planned Commercial) to MP (Planned Industrial), for a soil mixing and bagging plant, from the March 23, 1999 Board Meeting.

Mr. Richard Langley, Attorney and Applicant/Owner, representing Mr. Howard Berger, Scotts Hyponex, addressed the Board in response to some concerns they had noted at the March 23, 1999 meeting, with regard to the site plan in question. He stated that the frontage on Hwy. 19 and on the east side of the Turnpike is well screened by pine trees that reach a height of approximately 75 to 80 feet; however, the open part of the site plan is where one would exit the Turnpike. He stated that Mr. Berger was present, to answer any questions there might be from the Board, regarding the request.

The Chairman opened the public hearing.

Mr. Berger, Scotts Hyponex, addressed the Board stating that they plan to turn their site plan around, so that their stock piles will not be visible from the Turnpike, which he understood was a concern the County had regarding the request. He stated that the highest any pile should get is 40 feet, which would be during the peak season, being the months of December, February, March, April, and May.

Mr. Jim Smith, Director, Planning and Development, addressed the Board stating that he felt the applicant could work through the issue of the height of the stock piles during the DRS (Development Review Staff) process and that he felt some additional things could be added, as well, to make the hyponex plant more compatible with its surroundings. He submitted, for the record, a site plan (County Exhibit A) of the hyponex plant.

Commr. Pool stated that the applicant was relocating his operation from a residential area, in Montverde, to a spot near the Christopher C. Ford Industrial Park; therefore, he felt it would be a much safer operation and that, since the applicant agreed to switch the buildings, he felt it would work very well.

Commr. Gerber questioned whether there would be any issues, with regard to some wetlands that exist on the site in question.

Mr. Smith stated that the applicant would have to have a stormwater management system on the site, to ensure that whatever is in the stock piles will not get into the wetland areas.

Commr. Swartz questioned whether the applicant had met with the Industrial Development Authority (IDA) and was informed that he had not, due to the fact that the IDA had not met since the March 23, 1999 Board Meeting.

Commr. Cadwell questioned whether the applicant would object to having language inserted in the Ordinance stating that the stock piles would be shielded from the roadways.

Mr. Langley, Attorney, informed the Board that his client would agree to limiting the height of the stock piles to 40 feet.

It was noted that said fact would be added to the Ordinance.

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

A motion was made by Commr. Pool and seconded by Commr. Hanson to approve Ordinance No. 1999-53, Zoning Case No. PH 12-99-2, Tracking No. 19-99-MP, Richard H. Langley, Applicant/Owner, a continuation from the March 23, 1999 Board Meeting, involving a request for rezoning from A (Agriculture) and CP (Planned Commercial) to MP (Planned Industrial), for a soil mixing and bagging plant, to include language in the Ordinance restricting the height of the stock piles to 40 feet and that a buffer be planted, to buffer the stock piles from any roads in the area.

Under discussion, Commr. Gerber stated that she was concerned about the encroachment of the stock piles into the wetlands.

Commr. Pool amended his motion to add language to the Ordinance that the wetlands be protected.

Commr. Hanson seconded the amendment.

Commr. Swartz stated that he felt the Ordinance should contain a requirement that an architectural review be done, just as is required for the County's industrial park, noting that that was the basis of staff's recommendation for denial, based on the County's Comprehensive Plan requirements for the subject area. He stated that, if an architectural review requirement was included in the motion, he would support it. He further amended the motion, to add language to the Ordinance requiring that the site plan and buildings in question be reviewed for architectural design, just as reviews are done for the County's industrial park.

Commr. Gerber seconded the amendment.

Commr. Hanson stated that she felt the Board was extending the responsibilities of the Industrial Development Authority significantly, by asking them to do an architectural review. She stated that, if the buildings were going to be shielded by pine trees, she did not feel a review would be necessary.

Commr. Gerber stated that she remembered the Board stating that, because the site in question is an extension of the industrial park, they would like to see the applicant meet with Mr. Bruce Duncan, Economic Development Director for Lake County, and let him review the site plan, to see if he had any comments.

Commr. Swartz stated that, on Page 3 of the Staff Report, it indicates that it was the County's Comprehensive Plan that raised the question that caused staff to recommend denial. He stated that it was not just a concern over the piles of peat that go into the product. He stated that the report talks about constructing Class A quality type developments, particularly in the Turnpike interchange area, and that it requires that they be developed in a coordinated manner, with architecturally significant buildings, and in a park-like setting, with substantial amounts of open space and buffers. He stated that, if the Board backed away from those requirements, it would be inconsistent with the Comprehensive Plan.

The Chairman continued this request until 10:00 a.m., or shortly thereafter, to allow Mr. Langley to meet with Mr. Bruce Duncan, Economic Development Director for Lake County, to discuss what process he would have to go through, with regard to an architectural review.

CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES

Commr. Swartz informed the Board that he had requested that this request be pulled from the County Manager's Consent Agenda and discussed separately, because it was a request for another amendment that would require an additional $5,672.73 in gas tax money. He stated that, even though he had supported previous commitments that were made to the Leesburg Regional Airport, he did not believe the County was in a position, with regard to its gas tax money, to give them additional funding. He stated that he would not be able to support additional improvements beyond that which the Board has already committed to.

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that staff looked at the $5,672.73 request as something that was immediate and that the County could address. He stated that $125,000.00 dollars is being proposed in next year's budget, as part of a long-term agreement the County has with the airport, which he is opposed to coming out of gas tax funds.

Commr. Hanson stated that, taking into consideration Mr. Stivender's comments that he would not be recommending approval for the future dollars, however, was recommending approval of this request, she would support his recommendation.

A motion was made by Commr. Hanson and seconded by Commr. Pool to approve a request from Public Works for approval of First Amendment to Interlocal Agreement between Lake County and City of Leesburg Relating to Funding Improvements at Leesburg Regional Airport from County Transportation Trust Fund for Fiscal Year 1998/1999.

Under discussion, Commr. Swartz stated that he would stand behind the commitment that was made to the airport in this year's budget, however, was not in favor of the Board appropriating more money, when it knows that the County does not have sufficient gas tax funds.

Commr. Hanson stated that there are other areas where gas tax funds are used that probably should not be, such as stormwater management, which she feels should come out of the General Fund.

The Chairman called for a vote on the motion, which failed, by a 3-2 vote.

Commrs. Cadwell, Swartz and Gerber voted "No".

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/COMMUNICATIONS SYSTEMS

CONTRACTS, LEASES AND AGREEMENTS

Mr. Bruce Thorburn, Communications Systems Director, addressed the Board and explained this request stating that, as a result of the telecommunications forecast, there were some interesting prospects for finding cost savings, by going to potential resellers, or other options in the telecommunications industry; therefore, for approximately the last one and a half years, the County has been discussing possibilities of providing service for Lake County's phone usage from resellers. He discussed problems the County has had with same and noted that staff had discussed the matter with Sprint and was told that, if the County put everything through T1 connections, rather than through individual cards, they could give the County a graduated series of reductions on its overall telecommunications interconnect charges, the best being a five year reduction of 19%, which he noted would amount to approximately $10,000.00 in savings per year to the County. He stated that the County would have been doing that anyway, on October 1, 1999, in order to provide service for the new Public Works building, therefore, felt it was a fair and reasonable request and good for Lake County.

Mr. Sandy Minkoff, County Attorney, noted that his staff was concerned about the fact that the request was for a five year contract and that the penalties involved with same were severe.

Mr. Thorburn interjected that the penalties are ones that the Public Service Commission has public hearings on for the tariffs, which are not negotiable.

Commr. Pool stated that he felt the key to the matter was the fact that the County was going to save money. He stated that five years is a long time, but felt the savings were there.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Communications Systems for approval to enter into a five year contract with Sprint, for local telephone service; and approval of a transfer of funds, in the amount of $14,690.00, to purchase two T1cards from GTE, for network connectivity for the service.

ACCOUNTS ALLOWED/COUNTY BUILDINGS/COURTHOUSE

FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was generated through the Sheriff's Office. He stated that it was a request for eleven (11) cameras for additional security for the Lake County Judicial Center, of which eight (8) would be black and white, for outside surveillance, and three (3) would be color, for interior surveillance.

Mr. Art Newcombe, Lieutenant, Court Security, Sheriff's Office, addressed the Board and answered questions regarding the request. He stated that there is currently no outside surveillance, for the building.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval of additional funds, in the amount of $26,480.00, for the purchase and installation of a closed circuit video system for the Lake County Judicial Center, and that said funds be transferred from Contingency.

RECESS AND REASSEMBLY

At 9:50 a.m, the Chairman announced that the Board would recess for ten minutes.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARING

PETITION NO. PH 12-99-2 - A AND CP TO MP - RICHARD H. LANGLEY GROWTH MANAGEMENT/ORDINANCES/ZONING (CONT'D.)

The Chairman announced that this was a continuation of a public hearing from earlier in the meeting that had been postponed, to allow the applicant to meet with Mr. Bruce Duncan, Economic Development Director for Lake County, to discuss what process he would have to go through, with regard to an architectural review of his site plan.

Mr. Richard Langley, Applicant/Owner, reappeared before the Board stating that he had met with Mr. Duncan and was satisfied as to what to expect, with regard to his request. He stated that he would work out any concerns there might be, regarding the request, during the DRS process. He stated that the site plan will be altered so that the buildings will screen the stock piles, the pile heights will never exceed the building heights, the buildings roofs and elevations will all be in earth tones, and natural vegetation buffers that are present on the site will be maximized. He noted that, by altering the site plan, it will move the stock piles away from the wetlands and put them on the other side of the buildings.

Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board stating that the Restrictive Covenants that apply to Christopher C. Ford Industrial Park are limited specifically to the park, they do not apply to other areas of the County; however, he did not feel the Industrial Development Authority's Architectural Review Committee would object to looking at the site plan for Scotts Hyponex, to see if it is consistent with the covenants of the industrial park, since it is an extension of the park.

It was noted that the applicant did not object to consulting with the Architectural Review Committee, to see what their recommendation would be, before the request goes to Development Review Staff.

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

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

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

ADDENDUM NO. 1

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

ACCOUNTS ALLOWED/GRANTS/SHERIFF'S OFFICE

Sheriff George E. Knupp, Jr. addressed the Board and explained this request stating that last year he discussed with them the fact that he had applied to the Federal Government for a COPS More Grant, to put mobile data terminals in his patrol cars. He stated that he was originally denied the request, however, has since been informed that they will now approve the grant. He stated that he had requested that approximately $900,000.00 be set aside in the County's Five Year Capital Improvement Program, for FY 1999/2000, however, noted that, with the Federal Government now willing to give him the terminals, the total cost will be $875,229.00. He stated that the grant will pay $438,433.27 of said amount, with the County's match being $146,144.43. He stated that his Law Enforcement Automation Account currently contains $197,250.00 and he would like to put said funds toward the mobile data terminals, leaving a balance of $93,401.30, which he would like the Board to allocate to his office, in addition to the $146,144.43.

Sheriff Knupp stated that, in the packet of information contained in the Board's backup material, he indicated that his CAD/Record Management System was not Y2K and that, to bring it into compliance, it would cost his office $220,588.00. He stated that, in an effort to get the task performed as quickly as possible, he was requesting the Board to approve for him to transfer $100,000.00 out of his Law Current Year Personal Services Account and $120,588.00 out of his Corrections Current Year Personal Services Account, toward said project.

Commr. Swartz questioned why the Sheriff could not take the $93,401.30 that he was requesting in additional funds out of the $146,144.43 that the Board had already allocated to him.

Sheriff Knupp stated that he could not use said funds to supplement his budget. He questioned whether the Board would rather he ask for $900,000.00, for the mobile data terminals (MDTs), and not use his Law Enforcement Automation Account funds, in the amount of $197,250.00, or ask for the $93,401.30.

The Chairman interjected that MDTs are the types of things that the Law Enforcement Automation Account funds are to be used for.

The Sheriff stated that said money cannot be utilized for budgetary items, however, can be utilized for high-tech equipment and that is what he is going to use it for, although he did not plan to spend all of it for that.

The Sheriff was asked how much money he had in his Trust Fund and what amount of money he planned to spend out of said fund.

It was noted that the Trust Fund currently contains $275,000.00.

The Sheriff stated that he never spends all the money in his Trust Fund - he keeps said funds to purchase things such as helicopters, etc.

Commr. Swartz questioned how much money was currently in the Sheriff's State Law Enforcement Fund, including the $202,000.00 that was put in the Capital Outlay portion of it.

Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, addressed the Board stating that, as of four to five days prior to this meeting, said fund contained approximately $600,000.00.

The Sheriff disagreed, stating that that fund has never contained that much money.

Ms. Linda Carter, Finance Director, Sheriff's Office, interjected that said fund presently contains approximately $275,000.00.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board authorized Sheriff Knupp to accept a Federal grant awarding his office 70 mobile data terminals, which will require $146,144.00 in matching funds from the County, with funding for 20 additional mobile data terminals, in the amount of $93,401.30, being requested by the Sheriff, to be determined at a later date; requested the Sheriff and the Chairman, Commr. Cadwell, to come back to the Board, at a later date, with information regarding the Law Enforcement Trust Fund and proposed expenditures for capital equipment out of said fund; and authorized the Sheriff to transfer from his Law Current Year Personal Services and Corrections Current Year Personal Services Accounts funds necessary for his CAD/Record Management Upgrade to Y2K, in the amount of $220,588.00.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

INDUSTRIAL DEVELOPMENT AUTHORITY

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed and reappointed the following individuals to vacant positions on the Industrial Development Authority:

Reappointed

Ms. Margo Odom

Mr. Jack Nelson

Mr. Glenn Tyre

Mr. Thomas Bacsik

Dr. Robert W. Westrick - Lake Sumter Community College (Non-Voting Position)



Appointed



Mr. Gerald Smith - Lake County School Board (Non-Voting Position)

Mr. Alex Nixon - Lake County League of Cities (Non-Voting Position)



APPOINTMENTS-RESIGNATIONS/COMMITTEES

TRANSPORTATION DISADVANTAGED COORDINATING BOARD

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed the following individual to a vacant position on the Transportation Disadvantaged Coordinating Board:

Person Over 60 Years of Age Representing the Elderly

Ms. Mary Link Bennett

APPOINTMENTS-RESIGNATIONS/BOARD OF ADJUSTMENTS/COMMITTEES

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed the following individual to a vacant position on the Board of Adjustments:

Ms. Mary Link Bennett, representing District 5

Mr. Sandy Minkoff, County Attorney, informed the Board that he would be bringing an Ordinance before them, at a later date, to change the membership for the Board of Adjustments from five to seven.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

COMPREHENSIVE HEALTH CARE COMMITTEE

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Mr. Ron Benfield as Florida Hospital Waterman's member on the Comprehensive Health Care Committee.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/MUNICIPALITIES

LAKE COUNTY LIBRARY ADVISORY BOARD

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Mr. Chris Bell as the City of Fruitland Park's alternate member on the Lake County Library Advisory Board.



APPOINTMENTS-RESIGNATIONS/COMMITTEES/MUNICIPALITIES

LAKE COUNTY LIBRARY ADVISORY BOARD

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed Mr. James Laux as the City of Mt. Dora's alternate member on the Lake County Library Advisory Board.

COMMITTEES/RESOLUTIONS

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No.1999-59, modifying certain aspects of the membership requirement for the Bicycle/Pedestrian Advisory Committee (BPAC).

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY/GROWTH MANAGEMENT/ZONING

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that it had been postponed from their last meeting until this date, to allow Commr. Pool to obtain some additional information. He stated that staff had met with Commr. Pool and now awaited the Board's recommendation.

A motion was made by Commr. Swartz and seconded by Commr. Gerber to direct the County Attorney to move forward with an appeal, regarding the litigation of Kittredge v. Lake County.

Under discussion, Commr. Cadwell questioned what the appeal process would cost the County, with regard to exposure, etc.

Mr. Minkoff, County Attorney, stated that there should not be any exposure. He stated that staff would not process the appeal, if they felt it would expose the County to attorney's fees, etc. He noted, however, that it would amount to approximately 50 to 100 hours of attorney time.

Commr. Hanson stated that her only concern about the request is that the property in question is appropriate for wells and septic tanks. She stated that the land has a high perk capacity and she did not feel it was appropriate for the County to require central water and sewer on one acre tracts for that type of property.

Commr. Swartz stated that he voted against the request when it previously came before the Board, because it was inconsistent with the County's Comprehensive Plan and is inconsistent with every Comprehensive Plan the County has ever had. He stated that he felt the County should negotiate and continue with the appeal process.

Commr. Hanson stated that she felt the County would be back to square one, if they continued to appeal the case.

Commr. Cadwell stated that he felt, if there was not room to negotiate, he did not feel Mr. Kittredge's attorney would have made the offer to do so to the County Attorney, Mr. Minkoff. He stated that he felt the County should continue with the appeal process.

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

Commrs. Hanson and Pool voted "No".

REPORTS

COUNTY ATTORNEY

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that, at the beginning of this fiscal year (October 1, 1999), the County bid out and entered into a contract with Mr. Scott Wynn and Ms. Mary Ann Plecas, to handle juvenile dependency and termination cases, and, due to the fact that there was a change in the law, it was provided in those agreements that at the end of six months the County would either renegotiate or the attorneys could quit, if there was a great increase in the number of cases. He stated that the number of juvenile dependency cases has skyrocketed and, under the new Florida Statutes, each time one of those cases comes up a new attorney gets appointed. He stated that Ms. Plecas elected to withdraw from the contract; therefore, the County requested proposals from other attorneys and, from those proposals, he chose Mr. Ezra Witsman to take her place. He stated, however, that the County is doubling the amount of money, noting that it will be $65,000.00 per attorney annually, or a total amount of $130,000.00, to handle half of the cases. He stated that the County would receive approximately $43,000.00 back from the State, so the net cost to the County would be approximately $87,000.00.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an amendment to the contract with Mr. Scott Wynn, in the amount of $65,000.00, for an 18 month period, with two one year renewals; and approval of a contract with Mr. Ezra Witsman, in the amount of $65,000.00, for 18 months, with two one year renewals, for juvenile dependency and termination cases.



REPORTS

COUNTY ATTORNEY

DEEDS/RIGHTS-OF-WAY, ROADS AND EASEMENTS/SUBDIVISIONS

Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that Mr. Claude Smoak made application for a road vacation (Petition No. 884), in Minneola, which the Board approved, contingent upon his providing the County with right-of-way deeds. He stated that Mr. Smoak's deeds came in, but they were one day late; however, staff would like authorization from the Board to accept them and to record the appropriate documents confirming the road vacation.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to accept Right-of-Way Deeds from Mr. Claude Smoak, with regard to Vacation Petition No. 884, to vacate a plat in Howey Subdivision "A", Section 8, Township 22S, Range 26E, Minneola area, and to record appropriate documents confirming road vacation.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

RESOLUTIONS

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-60, supporting the implementation of Florida Forever.

REPORTS

COMMISSIONER POOL - DISTRICT 2

OUTDOOR RECREATION/RAILS TO TRAILS

Commr. Pool informed the Board of the following For Your Information Item: Saturday, April 10, 1999, at 9:00 a.m., Rails to Trails will have an official ribbon cutting ceremony, in Clermont. He invited everyone to attend.

REPORTS

COMMISSIONER POOL - DISTRICT 2

FIRE AND EMERGENCY SERVICES

Commr. Pool informed the Board that he would like to put on a future Board Agenda, for discussion, the issue of the Bay Lake Fire Station and as to what the Board's priorities might be and what the County's funding might be, with regard to same.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

RESOLUTIONS

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-61, proclaiming April 18-24, 1999, as National County Government Week.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

FIRE AND EMERGENCY SERVICES

Commr. Swartz stated that he would like for staff to evaluate whether or not the County needs to have some type of burning ban, in advance of potential problems, to be brought back to the Board at a later date.

Ms. Sue Whittle, County Manager, interjected that an ordinance regarding same is presently in the works and will be coming before the Board, for approval, in the near future.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

PUBLIC WORKS/ROADS-COUNTY AND STATE

Commr. Swartz stated that he would like for staff to evaluate whether or not the intersection at CR 561 and CR 48 needs to have a traffic signal.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARING

SETTLEMENT AGREEMENT - TODD V. LAKE COUNTY

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT

SUITS AFFECTING THE COUNTY

Mr. Greg Stewart, Attorney, Nabors, Giblin & Nickerson, Tallahassee, addressed the Board stating that they had before them a potential settlement of the case Todd v. Lake County. He stated that this case arose under a provision of the County's Land Development Regulations, being Section 9.04.03, in which the County, under certain circumstances, may require the dedication of right-of-way for a Development Order where there is an existing deficiency in the amount of right-of-way. He stated that the action was instituted in August of 1996 and Judge Jerry Lockett certified it as a class action suit in May of 1998. He stated that he appeared at that time and discussed the matter with the Board, at which time he asked for authority to appeal the class certification, which the Board granted and asked that his firm try to work out a settlement. He stated that his firm prepared a settlement, which was presented to the Board, requiring that the County set aside $400,000.00, to be paid to the various claimants, during the period of August 1992 to August 1996. He stated that there were approximately 420 to 500 homeowners. He stated that the $400,000.00 is the total amount of compensation that the County will be required to contribute to the settlement. He stated that attorneys fees, from the other side, will be paid from that amount, as well, which he noted cannot exceed 25% of the class action suit, with the actual amount to be set by the Courts. He stated that members of the suit will have an opportunity to object to the costs and fees and will be able to appear before Judge Lockett, in the determination of that issue. He stated that various other costs, such as administrative costs, will be paid out of said funds, as well. He stated that the actual payments to the property owners, who will be required to dedicate property, will be limited to 65% of the Property Appraiser's assessed value, at the time of dedication. He stated that, if more people file claims, that 65% can be reduced, but, under no circumstance, will anyone be able to get more than 65%.

Mr. Stewart stated that the suit has a limited time period, noting that those people who were required to dedicate after August of 1996 were not included in the suit and are not covered by the settlement. He stated that people who were included in the suit during that period will have an opportunity to opt out and, if they wanted to present their own suit they could; however, he feels that it would be unlikely that many would do that. He stated that each member of the potential suit would have to submit documentation on their own, to establish that they have a right to the money. He stated that any leftover funds that may exist are to be diverted back to the County. He stated that, for the purpose of the settlement, he would suggest that the Board consider the $400,000.00 as the total contribution.

Mr. Sandy Minkoff, County Attorney, informed the Board that the settlement contained a copy of the County's current policy and procedure that is being used. He stated that his office has discussed the matter with Public Works and is hopeful that each time they require that right-of-way be dedicated that they follow the law down to the letter. He stated that his office may make some changes to the County's Land Development Regulations, once the suit is settled, to ensure that fact even more. He noted that Exhibit B, contained within the Board's backup material, gives a summary of the current policy for dedication requirements.

Ms. Sue Whittle, County Manager, informed the Board that the dollars would come from impact fees and gas tax monies, with possibly a loan from the General Fund.

The Chairman opened the public hearing

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

Commr. Hanson stated that she felt it was only a matter of time before something like this would happen. She stated that she started raising questions about the issue, when she first became a member of the Board; however, they failed to respond.

Mr. Stewart informed the Board that, should they approve the Settlement Agreement this date, it would still have to go to the Courts, because it has been classified as a class action suit. He stated that the Judge would give preliminary approval, then notices would have to be sent to all the members of the suit, who have a right to object to the settlement, if they do not feel it is fair. He stated that, ultimately, the Judge will decide whether the settlement will be accepted.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Settlement Agreement of Todd v. Lake County, as presented.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

FIRE AND EMERGENCY SERVICES/MUNICIPALITIES

Commr. Hanson informed the Board of the following For Your Information Item: She will be holding a joint meeting in Astor with Volusia County Councilman Big John, on Friday, April 16, 1999, at 10:00 a.m., at which time they will discuss the issue of joint fire and emergency services; the American heritage designation for the St. Johns River; the Lake George Clean-Up Project; the Astor/Astor Park Water Association, along with the Wastewater Treatment and Affluent Disposal System; and Eco-tourism.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

GROWTH MANAGEMENT/ORDINANCES/SIGNS/ZONING

Mr. Jim Smith, Director of Planning and Development Services, addressed the Board and explained this request, stating that staff was proposing to change the Ordinance dealing with off-site signs, or billboards. He reviewed what changes were being proposed.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 4-0 vote, the Board approved a request from Growth Management for approval to advertise an amendment to the Ordinance of the Lake County Code, Appendix E, Land Development Regulations, Chapter II, Chapter XI, Off-Site Signs.

Commr. Pool declared a Conflict of Interest and abstained from voting.

BONDS-MOBILE HOME/GROWTH MANAGEMENT

Ms. Sue Whittle, County Manager, addressed the Board and explained this request, stating that it was a request for approval of a mobile home bond for Thomas and Margaret Davis, at 21150 Fox Knoll Road, in Eustis. She stated that staff was recommending approval.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval and execution of a Mobile Home Bond for Thomas and Margaret Davis, to place a travel trailer on property located at 21150 Fox Knoll Road, Eustis, Florida, while constructing a conventional home - Commissioner District 4.

REPORTS

COUNTY MANAGER

COMMISSIONERS/MUNICIPALITIES

Ms. Sue Whittle, County Manager, informed the Board that Lake County Day for 1999 was canceled and a number of people from the business community, the Chambers of Commerce, etc. have approached her and requested that the County take an active role in organizing a Lake County Day for the year 2000. She stated that, if the Board would like for staff to do so, it should be organized at this point in time, rather than waiting until next year.

Commr. Cadwell suggested that the County do a condensed version of the Lake County Days in Tallahassee.

Ms. Whittle stated that staff was looking at having a high visibility luncheon type event and not have the evening reception, the morning breakfast, etc. She stated that they believe, by concentrating on the one event, they could do a nice job of organizing and executing it.

Commr. Cadwell suggested that the County Manager's Office explore those options and bring some type of plan back to the Board, at a later date.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager to organize a Lake County Day for the year 2000 (condensed version of the Lake County Days in Tallahassee), due to the fact that Lake County Days for 1999 was canceled and the County has been requested to take an active role in organizing same from members of the business community, the Chambers of Commerce, etc.

BONDS/COMMUNITY SERVICES

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that he had received a letter from Ms. Angela Abbott, Attorney, Brevard County Housing Finance Authority, requesting the County to support their move to create their own region, to receive Housing Finance Bonds. He stated that they have received support on the State level and are now asking Lake County to support them in their efforts. He recommended that the Board support her request.

Commr. Hanson suggested that the Board support Brevard's efforts to separate and that the County Attorney, Mr. Sandy Minkoff, look into the possibility of Lake County creating its own entity, as well. She stated that, at the present time, all the County's money goes into one big pot and, if the County does not have projects that it is applying for, it does not go into the pot and the County does not get any funding.

Mr. Minkoff, County Attorney, stated that he and Mr. Smith had met with representatives from the Orange County Housing Finance Authority, who act as the Lake County Housing Finance Authority, at which time it became apparent to them that the County needs to pay more attention to what they are doing for the County, because it appears that their focus has been mainly in Orange County and not in Lake County. He stated that it may be that the County will have to separate from them, or get them to devote more effort to Lake County.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Ms. Angela Abbott, Attorney, Brevard County Housing Finance Authority, to support their move to create their own region, to receive Housing Finance Bonds, by way of a proposed amendment to Section 159.804 of the Florida Statutes and House Bill 401.

MEETINGS/LIBRARIES

Ms. Sue Whittle, County Manager, requested that the starting time for the Worksession on Libraries, scheduled for April 13, 1999, be moved from 9:00 a.m. to 10:00 a.m.

It was the consensus of the Board to do so.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:30 a.m.

__________________________________ WELTON G. CADWELL, CHAIRMAN





ATTEST:









_________________________________

JAMES C. WATKINS, CLERK



sec/4-6-99/4-9-99/boardmin