The Lake County Board of County Commissioners met in regular session on Tuesday, June 15, 1999, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chair; Robert A. Pool; Rhonda H. Gerber; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney (Mr. Minkoff departed the meeting at 10:40 a.m.); Ms. Valerie Fuchs, Assistant County Attorney (Ms. Fuchs arrived at 10:55 a.m.); Wendy Taylor, Administrative Supervisor, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.

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

AGENDA UPDATE

Commr. Cadwell requested that discussion on a request for permission to advertise a Title Loan Ordinance be added to the agenda under Reports.

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to place on the agenda, under Reports, a request for permission to advertise a Title Loan Ordinance.

Ms. Sue Whittle, County Manager, requested that Tab 18, recognition of Bruce Thorburn, Communications System Director, for being instrumental in the successful passage of the E 9-1-1 Wireless Fee Legislation; and Tab 32, approval of ordinance, resolutions and escrow deposit agreement necessary to authorize the refunding of Capital Improvements Certificates of Indebtedness Revenue Bonds, 1971 (Racetrack Bonds), be withdrawn from the agenda.

It was noted that a published Addendum No. 1 had been added to the agenda.

MINUTE APPROVAL

Regarding the Minutes of May 18, 1999 (Regular Meeting), Commr. Swartz requested that clarification be made to the motion on Page 23, Line 30, regarding the 4 - 1 vote. Clarification was made and the vote was correct as presented to the Board. The following change was requested:

Page 23, Line 29 - delete "unanimously".

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of May 18, 1999 (Regular Meeting), as amended.

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:

Accounts Allowed/Courts-Judges

Request for approval of Satisfaction of Judgment for Mark Lee Johns, Case No. 9700778CFA01, in the amount of $750.00; and authorized proper signature on same.

Accounts Allowed

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

Accounts Allowed

Request to acknowledge receipt of contribution from Lake County World War II Commemorative Committee, in the amount of $2,821.71, to be earmarked for use in celebration of Veteran's Day Activities, in particular those honoring World War II veterans.

Budgets/Municipalities/Reports

Request to acknowledge receipt of Country Club of Mount Dora Community Development District Proposed Budget for Fiscal Year 1999-50, in accordance with Chapter 190.008(2)(b), Florida Statutes, for purposes of disclosure and information only.

Ordinances/Municipalities

Request to acknowledge receipt of Ordinance No. 99-03, from the City of Minneola, amending the boundaries of the City of Minneola, in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter; by including within the City limits approximately thirty acres of property generally located north northwest of Grassy Lake Road, east of U.S. Highway 27 and south of North Grassy Lake Road, in Section 8, Township 22 south, Range 26 east, in Lake County, Florida. Passed and ordained the 27^th day of April, 1999, by the City Council of the City of Minneola, Florida.

Communications/State Agencies

Request to acknowledge receipt of Notice Before the Florida Public Service Commission To Division of Records and Reporting; In re: Final Order Approving Numbering Plan Area Relieve for the 941 Area Code; Docket No. 981941-TL - Investigation into telephone exchange boundary issues in South Polk County (Fort Meade area); Docket No. 990184-TL - Investigation into boundary issues in South Sarasota and North Charlotte Counties (Englewood area); Docket No. 990223-TL, Order No. PSC-99-1066-FOF-TL - Request for review of proposed numbering plan relieve for the 941 area code.

COUNTY MANAGER'S CONSENT AGENDA

Commr. Hanson stated that Mr. John Provance, Executive Director, United Way of Lake and Sumter County, Inc., was present to make a presentation in regard to Tab 3.

Commr. Gerber requested that Tab 4 be pulled from the consent agenda for discussion, and Commr. Swartz requested that Tab 11 be pulled from the consent agenda for discussion.

Commr. Cadwell stated that he has met with Mr. Bob McKee, Lake County Tax Collector, regarding the request, under Tab 9, for an extension of the fifth lease amendment to provide office space to the Tax Collector. He stated that Mr. McKee was combining the Tavares and Eustis offices which would save the County money and would free up two (2) floors in the Historic Courthouse.

Ms. Sue Whittle, County Manager, requested that Tab 12, a request for authorization to accept the final plat for Siena Ridge subdivision, execute a Developer's Agreement for Construction of Improvements, and accept a letter of credit for performance, in the amount of $860,000.00, be withdrawn from the consent agenda.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following requests with the exception of Tab 4, Tab 11, and Tab 12.

Accounts Allowed/Contracts, Leases & Agreements/Grants

Request for approval of agreement between Lake County and the United Way of Lake and Sumter Counties, Inc. for grant funding in support of a comprehensive resource directory for Lake County in the amount of $21,000.00.

Resolutions

Request for approval and authorization of Resolution No. 1999-107 amending the Lake County Housing Assistance Plan for State Fiscal Year 1997-98, 1998-99 and 1999-2000.

Contracts, Leases & Agreements

Request for approval and signature on an amended Financial Agreement between Lake County and Florida Hospital Waterman relating to Health Kids - Lake County. This amendment is to Section 3 - Florida Hospital Waterman Obligations which limits the amount of local cash match which Florida Hospital Waterman will provide.

Bonds/Industrial Development Authority

Request for approval of Industrial Development Revenue Bond for Sunshine State Christian Homes, Inc. - Resolution No. 1999-114.

Accounts Allowed/Budget Transfers/Sheriff/Risk Management/Emergency Services

Request for approval of the following budget transfers from Fiscal and Administrative Services:

1. Budget Transfer, in the amount of $10,000.00 from General Fund, Contingency - Sheriff to Constitutional Officers, Transfer, Jail Operations, Equipment, pursuant to Florida Statute 30.49.

2. Budget Transfer, in the amount of $229,000.00 from Employee Group Benefits, Special Reserve to Fiscal and Administrative Services/Risk Management, Insurance Payments, in the amount of $225,000.00 and Professional Services in the amount of $4,000.00, due to additional amounts required for group medical premium payments anticipated through year-end and fees for consulting services.

3. Budget Transfer, in the amount of $100,000.00 from Property and Casualty, Administrative Fees and $75,000.00 from Property and Casualty, Insurance Payment to Professional Services, in the amount of $100,000.00, and Claims Payments, in the amount of $75,000.00, due to additional amounts that are required to pay claims above the amount budgeted, as well as legal expenses for uninsurable claims.

4. Budget Transfer, in the amount of $52,340.00, from Contingency to the General Fund, Non-Departmental, Interfund Transfer required to the County's Fire Control Fund due to revised estimates for the supplemental funding of the Fire Assessment Revenue by the General Fund.

5. Budget Transfer, in the amount of $52,340.00 from Fire Structure Tax to the County Fire Control Fund, Emergency Services, Interfund Transfer due to an adjustment needed to the Interfund Transfer line item in order to receive an additional amount from the General Fund to supplement the Fire Assessment Revenue for certain tax-exempt properties.

Accounts Allowed/Contracts, Leases & Agreements/Constitutional Officers

Tax Collector/Computer Services/Landfill

Request for approval of the following requests from Procurement Services:

1. Approval of the fifth lease amendment with Tavares Associates, Inc. to provide office space to the Tax Collector at 436-438 East Burleigh Boulevard, Tavares, Florida. This amendment will extend the existing lease from July 1, 1999 through June 30, 2000 at $2,568.40 per month. Funding will be from the General Fund, Constitutional Officers, Tax Collector, Rentals and Leases.

2. Authorization to award RFP #99-106, encumber funds and authorize a contract subject to County Attorney approval to Sprint-Florida, Inc. to provide Internet services to the County including the installation, hardware, and maintenance of a metropolitan area network for the Tavares complex, Solid Waste, and Building Services in Clermont. This is recommended as a five-year contract at a first year cost of $39,600.00 with subsequent annual costs of $34,500.00. The total cost of the contract will be $177,600.00 with funding from General Fund, Computer Services, Contractual Services.

3. Approval of a contract with Hartman & Associates, Inc., the highest ranked respondent, to provide hydrogeological services for a limited contamination assessment and remediation (LCAR) including a remedial action plan to achieve remediation for hydrocarbon contamination at the Astatula Landfill. Funding will be from the County Transportation Trust Fund, Special Services, Contractual Services.

Deeds/Rights-of-Way, Roads & Easements/Zoning

Request for acceptance of a Non-Exclusive Easement Deed from Richard E. and Darla H. Leonard (Minor Lot Split 99-030).

Accounts Allowed/Bonds/Contracts, Leases & Agreements/Subdivisions

Resolutions/Roads-County & State

Request for authorization to accept the final plat for Clear Creek Phase Three Subdivision; execute a Developer's Agreement for Maintenance of Improvements between Lake County and D.R. Horton, Inc.; accept a maintenance bond in the amount of $25,058.00; and execute Resolution No. 1999-108 accepting the following roads into the County Road Maintenance System: Clear Creek Circle "Part" (County Road Number 2-0166), Deep Creek Court (County Road Number 2-0167A), and Pebble Creek Court (County Road Number 2-0167B). Subdivision consists of 79 lots - Commission District 2.

Accounts Allowed/Bids/Road-County & State/Road Projects

Request for approval to advertise for bids for Palmetto Drive Extension Paving Project No. 9-99, at an estimated cost of $47,500.00 from the Road Impact Fee Fund. Commissioner District 2 - Road Benefit District 6.

Subdivisions

Request for authorization to accept the final plat for Oaks at Lake Dorr Subdivision, which was previously approved as Eventing Acres final plat - Commissioner District 5.

Rights-of-Way, Roads & Easements/Road Closings

Request for approval of Resolution No. 1999-109 to advertise Vacation Petition No. 902 by First Baptist Church of Sorrento, Franklin D. McClenny, to vacate road (Third Street) Section 30, Township 19S, Range 28E, Sorrento area - Commissioner District 4.

Request for approval of Resolution No. 1999-110 to advertise Vacation Petition No. 903 by Jim Stivender, Jr., Lake County Public Works, to vacate utility easements, Lake County Central Park, Phase I, Section 20, 21, 28, 29, Township 21S, Range 25E - Commissioner District 2.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS (CONTINUED)

Mr. John L. Provance, Executive Director, United Way of Lake & Sumter Counties, Inc., appeared before the Board and distributed a draft copy of the 1999 Community Resource Directory to the Board. Mr. Provance expressed his appreciation to the Board for providing funding in support of the comprehensive resource directory for Lake County and explained that this was a joint partnership between Lake County, Lake County School Board and the United Way of Lake & Sumter Counties. He explained that a computer version will include over 1,000 agencies in five (5) counties and will be available to all agencies, hospitals, schools and all those who wish to purchase a disk. He explained that the published version on hard copy will include all of the Orlando area agencies that provide services to Lake and Sumter County residents plus the agencies that operate in Lake and Sumter County.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

ORDINANCES/GROWTH MANAGEMENT SERVICES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Lake County Land Development Regulations, Chapter III, Chapter X, Signs, on the floor for its second and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; REPLACING SECTIONS 11.00.00, 11.01.00, 11.01.01, 11.01.02, 11.01.03, 11.01.05, 11.02.00 AND 11.03.00 CHAPTER XI, SIGNS; PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR EXEMPT SIGNS; PROVIDING FOR SIGN PERMITTING REQUIREMENTS; PROVIDING SIZE AND SETBACK LIMITATIONS; PROVIDING FOR INCENTIVES TO CONVERT NONCONFORMING USES; PROVIDING FOR ENFORCEMENT; RENUMBERING SECTION 11.01.04, OFF-SITE SIGNS, TO SECTION 11.06.00; REPEALING AND REPLACING SECTION 3.11.04.B (1) REGARDING NONCONFORMING SIGNS; AMENDING SECTIONS 3.12.02B AND 3.12.03B REGARDING BED AND BREAKFAST SIGNS; AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS ENTITLED DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.

Commr. Gerber made a motion, which was seconded by Commr. Swartz, to approve Ordinance No. 1999-67, an Ordinance amending the Lake County Land Development Regulations, Chapter III, Chapter X, Signs, as read on its final reading, by title only.

Commr. Cadwell distributed alternative language for the Board's consideration in regard to the sign ordinance and stated that the alternative language includes two (2) options under a new Subsection 3.11.04.B(1) Special Provisions for Specific Nonconformities and addresses his concern with regard to Lake County's exposure in the compensation for removal of signs.

Mr. Minkoff explained that House Bill 591 applies to any non-conforming sign, not just off-site billboards, which is subject to removal because of a road project, and places the responsibility for compensation to the owner for its removal on the County if the County does not permit the sign to be relocated. He stated that the sign ordinance advertising title includes a revision to the non-conforming section, and the alternative language before the Board for consideration at this time would modify that section for all signs in accordance with the proposed state legislation. At this time, Mr. Minkoff read the two proposed options, as follows:

Subsection 3.11.04.B(1) Special Provisions for Specific Nonconformities.

Option 1:

D. In accordance with section 479.15, Florida Statutes, in the event that a lawful nononforming sign located on state or federal roads is subject to removal through eminent domain proceedings, a hearing shall be held before the Board of County Commissioners for the purpose of determining whether the owner of the nonconforming sign is permitted to relocate the sign or whether the County will compensate the owner for its removal. The Board's determination shall be based upon the amount of just compensation due the owner, the current location of the sign, the proposed relocation site and any other factors applicable to the removal of the sign.

Option 2:

D. In the event that a lawful nonconforming sign located on state or federal roads is subject to removal through eminent domain proceedings, the sign may be relocated and reconstructed in accordance with section 479.15, Florida Statutes.

Commr. Swartz discussed House Bill 572 and stated that there was the issue of whether the Federal Highway Administration would waive their provisions which do not allow nonconforming signs to relocate. He questioned if language could be added to Option 1 to make it clear that it was not a predetermined outcome that a nonconforming sign would be permitted to be relocated.

Mr. Minkoff stated that the language in Option 1 could be modified to indicate that this section would apply only if the County was required to pay compensation because of the statutes.

At this time, Commr. Cadwell reopened the public hearing on the sign ordinance for public comment on this section of the sign ordinance which would affect the off-site sign ordinance.

Ms. Geri Rosenthal, a resident of Tavares, appeared before the Board and expressed concern with the impact to the taxpayers of Lake County who would be paying for just compensation to the property owners and sign companies for the relocation for signs or billboards and who would be paying for the County's legal fees.

Mr. Bill Rau, a resident of Clermont, appeared before the Board and briefly discussed the image of Lake County and the pride of the community and its highways. He stated that the County should serious consider paying compensation for billboards and signs if it has to be done.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, P.A., representing Eller Media Company and Republic, appeared before the Board to discuss Option 1 and Option 2. She stated that Option 1 was not in the best interest of her client or of the Board. She noted that, on June 14, 1999, she provided the Board with a packet of information comprised of a memorandum of law prepared by Akerman, Senterfitt & Eidson, P.A., regarding House Bill 591 Impact on Lake County and their reading of that in response to a memorandum of law from Mr. Bill Brinton, Allen, Brinton & Sommons, P.A., indicating that they feel that the law was clear and that the whole intent was to shift the burden from the state level to the local level for payment in imminent domain proceedings if a sign had to be removed and the local government ordinances were more restrictive than the state. She stated that also included in the packet was a letter, dated June 14, 1999, from Mr. Craig Swygert, President-General Manager, Eller Media Company, addressed to each County Commissioner; information from Gray, Harris & Robinson, representing Eller Media Company; and a copy of a recent judgment. She stated that, based on the Florida Department of Transportation number of 167 signs that would be affected, the widening of Highway 441 would result in a cost of $6,000,000 to the County for sign removal based on current case law and appraisal techniques. She stated that she was not in support of Option 1 or Option 2. In response to a question presented by Commr. Swartz, Ms. Bonifay stated that, from all of the information that she has received, she believes that the Federal Highway Administration would approve of the provisions in House Bill 591and allow nonconforming signs.

Mr. Jimmy Crawford, Attorney, Richey and Crawford, P.A., representing Smallwood Sign Company and several billboard users, appeared before the Board and stated that Option 1 or Option 2 was an improvement over a complete ban on billboards. He expressed concern, under Option 1, that the Board would be taking on a quasi judicial hearing with very few standards with which to guide them and that would subject them to a possible court challenge on their decisions. He stated that standards were necessary upon which to determine the amount of just compensation due the owner, the current location of the sign, the proposed relocation site, and any other factors applicable to the removal of the sign, and the criteria in Option 1 may or may not be sufficient. He suggested language at the beginning of Option 1 that states Notwithstanding any thing in this section to the contrary,.

Ms. Nancy Fullerton, a resident of Lake County, appeared before the Board and encouraged the Board, as a taxpayer, to move forward and approve the sign ordinance.

Ms. Jean Kaminski, Executive Director, Home Builders Association of Lake County, appeared before the Board and suggested that Option 2 appears to be a more concise and clear option. In response to a question presented previously, she questioned if compensation would go to both the billboard company and the property owner.

Mr. Minkoff stated that the provisions of the proposed statute specifically require that the County only pay compensation to the sign owner.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Pool declared a conflict of interest because of an appearance of a conflict as the President of a corporation that owns real property on which a billboard is now located. A conflict of interest form was filed with the Clerk's Office.

Commr. Swartz stated that the language, as read by the County Attorney, does nothing that would otherwise be the case should state law and federal action actually happen. He stated that the Board would be in a position with the proposed language to make determinations, based on factual information on a particular sign with a known cost to the Board of County Commissioners and the taxpayers of Lake County, to not allow that sign to be relocated. He stated that the additional language would only become applicable should the provisions of the state statute apply, and the language is moot if the provisions do not apply.

Commr. Swartz made a motion, which was seconded by Commr. Gerber, to amend the original motion to include the following language under a new Subsection 3.11.04.B(1) Special Provisions for Specific Nonconformities., as follows:

D. If the provisions of Florida Statute 479.15, 3-6 would apply to a sign, a hearing shall be held before the Board of County Commissioners for the purpose of determining whether the owner of the nonconforming sign is permitted to relocate the sign or whether the County will compensate the owner for its removal. The Board's determination shall be based upon the amount of just compensation due the owner, the current location of the sign, the proposed relocation site and any other factors applicable to the removal of the sign.

Commr. Cadwell stated that said language provides the Board with the ability to weigh those costs to the taxpayers against the need to leave or relocate the sign.

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

Commr. Pool declared a conflict of interest and abstained from voting.

The Chairman called for a vote on the original motion to approve Ordinance No. 1999-67, as amended, which carried by a 4 - 0 vote.

Commr. Pool declared a conflict of interest and abstained from voting.

ORDINANCES/GROWTH MANAGEMENT SERVICES

Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending the Lake County Land Development Regulations, Chapter II, Chapter XI, Off-Site Signs, on the floor for its second and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 11.01.03 ENTITLED PROHIBITED SIGNS TO PROHIBIT OFF-PREMISE SIGNS AND BILLBOARDS; REPEALING SECTION 11.06.00 OFF-SITE SIGNS; AMENDING CHAPTER II, LAND DEVELOPMENT REGULATIONS ENTITLED DEFINITIONS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Pool declared a conflict of interest because of an appearance of a conflict as the President of a corporation that owns real property on which a billboard is now located. A conflict of interest form was filed with the Clerk's Office.

Commr. Hanson stated that at the first public hearing she requested that staff provide the number of billboards in unincorporated Lake County that would be affected by this ordinance in order to determine if the Board should put a cap on the billboards or whether the Board should eliminate the billboards in Lake County.

Ms. Sharon Farrell, Senior Director, Growth Management Services, appeared before the Board and stated that she did not receive a specific count from the municipalities in regard to the number of billboards located within the municipalities. She explained that a physical count would be required to get a specific count on the number of billboards located in unincorporated Lake County.

At this time, Commr. Cadwell opened the public hearing portion of the meeting.

Ms. Geri Rosenthal, a resident of Tavares, appeared before the Board in opposition to the off-site sign ordinance and discussed the County Attorney's legal opinion, on May 18, 1999, that Commr. Swartz was not required to declare a conflict of interest in regard to approval of the off-site sign ordinance due to his wife serving of the Board of Directors of Scenic America. She suggested that the Board table this issue until the exact number of signs involved can be determined. She stated that the public was not aware of the Board's determinations or the costs associated with the determinations and the public should have the facts and should know the cost to the taxpayers of Lake County.

Commr. Swartz responded to Ms. Rosenthal's comments regarding a conflict of interest on his part and explained that his wife was on the Board of Directors of Scenic Florida which was an affiliate of Scenic America. He stated that he requested that the County Attorney review this issue, and it was the County Attorney's legal opinion that there would be no conflict of interest. He stated that his wife does not loose her constitutional right to speak at a public hearing because she serves as a board of director or because he serves on the County Commission. He stated that his wife has confirmed that she has not received any monetary benefit from serving on the Board of Directors of Scenic Florida and, if he thought there was a conflict, he would abstain from voting.

In response to a question presented by Commr. Gerber, Ms. Rosenthal stated that there were two existing nonconforming billboards on her property that are grand fathered in, and it does not appear that her billboards would be affected by the widening of Highway 441. She stated that her concern was for the industry and for the property rights of other people.

Mr. Bill Rau, a resident of Clermont, appeared before the Board in support of the off-site sign ordinance and discussed his extensive background in advertising. He explained that he was a marketing consultant in Lake County and was in the process of purchasing two (2) billboards in Polk County for a short period of time; however, he was against billboards and the public does not like billboards. He stated that he has counted thirty-three (33) major billboards along Highway 441 from the edge of Tavares to Highway 44 in Leesburg, of which fourteen (14) were left reading boards. He suggested that the majority of the billboards along Highway 441 may be located back from the roadway far enough to not be affected by the widening of Highway 441. He stated that, where compensation is required to relocate the billboard, he would suggest that the County pay the compensation and not replace the billboard. He asked that the Board let this be the beginning of something really great for Lake County by studying this issue long after the vote.

Ms. Gena Swartz, representing the Citizens for Scenic Florida, appeared before the Board in support of the off-site sign ordinance and stated that Scenic Florida stands by the numbers that were previously presented to the Board.

Mr. Henry Kucher, a resident of Leesburg, appeared before the Board in support of the off-site sign ordinance and stated that the Board's responsibility was to the greater public, and the Board should be considering the primary benefit to the society and not to a specific smaller interest group. He stated that he lives in this community and wants to drive down a road that was not visually negatively impacting his peace of mind just as he wants to go down the rivers that are public transportation vehicles for our society. He requested that the Board continue the process that they have begun, be forthright, and prepare to compensate those businesses.

Ms. Nancy Fullerton, representing Save Our Lakes Committee, Inc. - Clermont, appeared before the Board in support of the off-site sign ordinance and asked that the Board give final approval to the off-site sign ordinance as written with no weakening and no less restrictive language. She stated that it was the Board's choice whether or not they will take the opportunity to change the visual character of Lake County for today, which in turn will help determine our future business atmosphere and our quality of life.

Ms. Jean Kaminski, Executive Director, Home Builders Association of Lake County, appeared before the Board in opposition to the off-site sign ordinance and expressed concern that the exact number of billboards in the unincorporated area of Lake County affected by this ordinance was unknown. She noted that there has been a reduction in the number of billboards through attrition over the last few years. She requested that the Board take a reasonable stance and consider an alterative cap and replace ordinance and not zero in on this one segment of advertising.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, representing Eller Media Company and Republic, appeared before the Board in opposition to the off-site sign ordinance. She expressed concern that staff has been unable to provide the number of billboards that the County would be addressing and stated that the fact that this decision affects businesses was very alarming. She registered the opposition of the industry and stated that the provision that has been introduced was another unnecessary expense for Lake County.

Mr. Jimmy Crawford, Attorney, Richey and Crawford, P.A., representing Smallwood Sign Company, appeared before the Board and asked that the Board consider something short of an absolute ban. He stated that the only way to determine the true number of billboards in unincorporated Lake County was to take a visual count, and discussed same. He stated that their objections to the ban were on the record numerous times and noted that there were less signs since November 1998. He asked that the Board consider the cap and replace ordinance. He requested that the Board provide staff with direction in regard to an issue of the placement of lights on a current billboard and whether or not that would be considered increasing a non-conformity.

Ms. Ruth Gray, a concerned citizen, appeared before the Board in support of the off-site sign ordinance and stated that businesses can get their messages to the public without cluttering up our highways with billboards. She stated that she endorses the Board's position on the off-site sign ordinance.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Hanson stated that it was almost irresponsible for the Board to vote on this ordinance without knowing the number of billboards in unincorporated Lake County, and the potential cost to the County regardless of how we feel about signs and billboards. She stated that the best that the County could do, at this point, was a cap and replace ordinance until the Board knows the numbers.

In response to a question presented by Commr. Hanson, Mr. Minkoff clarified that that the sign ordinance and the off-site sign ordinance would only be effective in the unincorporated area of Lake County as outlined in the Lake County Land Development Regulations.

Commr. Cadwell stated that Subsection 3.11.04.B(1) Special Provisions for Specific Nonconformities provides the Board with the ability to allow a sign to be relocated or to make the decision to provide compensation for said sign. He stated that the provision does not allow any more billboards and, if you do not want any more billboards, you will support the ordinance.

Commr. Gerber referred to a letter received from Mr. Lance Pauley in support of the ordinance which stated that billboards can be overbearing, gaudy and can take away from Florida's natural landscape. She stated that it was amazing that those who use billboards know this and, as previously stated by Mr. Raul, the industry does not like the billboards, however, they use them. She stated that she would support the off-site sign ordinance with the addition of Subsection 3.11.04B(1) Special Provisions for Specific Nonconformities.

Commr. Hanson stated that she would retract some of her previous comments with the provision that allows the Board to determine whether a billboard can be relocated on a case by case basis.

Commr. Pool noted that he has declared a conflict of interest, however, stated that he would take part in the deliberations. He expressed concern that the lawsuits would begin when one billboard was granted and another was denied and that does not make good business sense on behalf of the County Commission. He stated that the Board needs to be cautious in the future about lawsuits for Lake County.

Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve Ordinance No. 1999-68, an Ordinance amending the Lake County Land Development Regulations, Chapter II, Chapter XI, Off-Site Signs.

Commr. Hanson stated that she would support the motion, however, the Board would be reversing this decision as time moves on.

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

Commr. Pool declared a conflict of interest and abstained from voting.

RECESS & REASSEMBLY

At 10:40 a.m., the Chairman announced that the Board would recess for fifteen minutes and reconvene at 10:55 a.m.

AGENDA UPDATE (C0NTINUED)

Ms. Whittle noted that she would like to add an Addendum No. 2 to the agenda with a request from the City of Clermont requesting funding to back up their CDBG applications based on the fact that the City needs a decision before June 22, 1999 and their deadline for application submittal was June 30, 1999.

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 a request for approval of the Affordable Housing Advisory Committee's recommendation that requests for SHIP Funds as match on Municipalities' CDBG applications for the Cities of Mascotte, Leesburg and Clermont not be approved.

PRESENTATIONS

FLORIDA DEPARTMENT OF TRANSPORTATION FIVE YEAR WORK PROGRAM PROCESS

STATE AGENCIES/ROADS-COUNTY & STATE/REPORTS

Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board to introduce Mr. Michael Szunyog, MPO Liaison, Florida Department of Transportation (FDOT).

Mr. Michael Szunyog, MPO Liaison, Florida Department of Transportation (FDOT), appeared before the Board and noted that he had distributed to the Board the Annual FDOT Work Program Process 1999 booklet; a copy of Lake County Construction in Progress, dated June 10, 1999; and a copy of the Florida Department of Transportation 5-Year Transportation Plan for Fiscal Year 2000 - 2004. He stated that the 5-Year Work Program is adopted by the state each year on July 1 when the fiscal year begins. At this time, he directed the Board's attention to the Work Program Process booklet and discussed the schedule for developing the Fiscal Year 2000/2001 to Fiscal Year 2004/2005 Work Program, which will be adopted by the state July 1, 2000. He discussed the process of sending local project priorities to FDOT to be included in the 5-Year Work Program and noted that included in the booklet was a Description of Proposed Transportation Projects Form for newly proposed projects, and a Right of Way Cost Estimate Request Form.

Commr. Hanson requested an update on the status of State Road 46; at which time, Mr. Szunyog stated that a meeting has been scheduled on June 29, 1999 with the Metropolitan Planning Organization (MPO) staff, his staff, and Lake County staff to discuss where we are at this point in time in the modeling of whether State Road 46 would need additional lanes. He stated that there were other options that were not considered in the original modeling, and they want to take a look at those options which include extension of Wolfbranch Road. He stated that recommendations would be made within the next two months in regard to improvements made to State Road 46 in the next twenty years.

Commr. Hanson stated that a Wolfbranch Road extension would not be a good option. She discussed the dangerous intersection at County Road 435 and State Road 46. Mr. Szunyog responded that a request has been made to the FDOT Traffic Operations Office regarding County Road 435 and State Road 46, and he would follow up on that request. Commr. Hanson suggested that the speed limit in the area of Mt. Plymouth and Sorrento be readdressed.

FINAL REPORT ON THE LEESBURG AREA ORIGIN-DESTINATION STUDY

ROADS-COUNTY & STATE/REPORTS

Mr. Fred Schneider, Engineering Director, Department of Public Works, appeared before the Board and noted that the Final Leesburg Area Origin-Destination Study booklet, prepared by Reynolds, Smith & Hills, Inc., had been distributed to the Board prior to the start of the meeting. He explained that the Origin-Destination Study was the result of the North-South Bypass Study in October 1997, and the purpose of the study was to determine the area travel patterns of motorists using State Road 44, U.S. 27 and U.S. 27/441 to assist in the development of roadway improvements. He stated that the study assisted Tindale-Oliver & Associates, Inc. in developing the Transit Plan and the Lake County 2020 Long Range Transportation Plan. He explained that a total of 13,217 postage paid mail-back travel survey postcard were distributed at four (4)intersections and 1,000 postcards, or approximately eight (8%) percent, were mailed back. He discussed the origin-destination survey results and stated that approximately eighty-two (82%) percent of trips were local with both the origin and destination in Lake County, and only two (2%) percent of trips were through Lake County. At this time, he illustrated on the monitor the location of the four survey locations which were (1) S.R. 44 at CR 468; (2) S.R. 44 at U.S. 27; (3) U.S. 27/441 at Griffin Road; and (4) U.S. 27/441 at C.R. 460. He stated that approximately eighty-six (86%) percent of the trips were made by permanent residents and fifty-three (53%) percent of the trips were being repeated five (5) or more times per week. He presented a map illustrating the top ten destinations and discussed same. He stated that the results of the study did show a lot of variability in the trips, locations, destinations and originations in the area and, from that analysis, it was being looked at as part of the Lake County 20/20 Long Range Plan. He explained that the results of the study do not indicate a definite need for transit or a definite need for a North/South Bypass to U.S. 27/441; however, the one alignment that was proposed in October 1997 was included in the 2020 Long Range Transportation Plan. At this time, Mr. Schneider addressed questions presented by the Board.

CITIZEN QUESTION AND COMMENT PERIOD

At this time, the Chairman announced that the Board would hear questions, comments, and concerns from the citizens who were present in the audience.

Lake County Animal Control Ordinance

Mr. Richard Harrison, a resident of Palomino Pines Subdivision, appeared before the Board and distributed a petition addressed to the Board, dated June 10, 1999, which was signed by the majority of homeowners in the Palomino Pines Subdivision. He stated that Palomino Pines Subdivision was informed, at a previous public hearing regarding pet fanciers, that they would be notified of any changes in the Animal Control Ordinance; however, they were not notified which is why they are late presenting their concerns. At this time he read the petition, for the record, as follows:

"We, the undersigned, are vehemently opposed to Ordinance No. 1999-__. This proposal to allow (a) 5 dogs per 5 acres, (b) 10 dogs per 5 - 20 acres, and (c) 20 dogs per 20 acres is excessive and inappropriate for non-agricultural residential areas.

We live in Palomino Pines, a deed-restricted R-1 development in eastern Lake County, and not in an agricultural area. We urge the County Commissioners to consider our petition to include an addendum to Ordinance No. 1999-____ which limits the aforementioned dog/land ratio to agricultural communities in Lake County."

He explained that they were proposing that the number of dogs be limited to a maximum of four (4) dogs regardless of the size of the parcel in residential subdivisions.

Commr. Hanson questioned if there was a way to look at those areas that have large sized lots that are not zoned agricultural in a different manner. It was noted that staff would readdress the issue of the number of dogs allowed on larger parcels that are not zoned agricultural in the Animal Control Ordinance.

Dewey Robbins Road

Ms. Janice Sigmon, representing the South Howey-in-the-Hills Concerned Citizens, appeared before the Board to discuss Dewey Robbins Road and stated that there were approximately 250 residents that live in the area, and they do not feel they are getting their fair share of the impact fee and gas tax dollars. She requested that the Board consider the paving of some of the 200 miles of unpaved roads in Lake County and to look seriously at paving the roads in her area during the budget session this year. She expressed concern that they have no traffic control and what traffic control signs that were on Dewey Robbins Road were removed and never replaced when road improvements were made by the County. She stated that Dewey Robbins Road has become a thoroughfare for pass through traffic and noted that she has sent correspondence to the County expressing the concerns of the citizens in the area and no reply has been received. She discussed the dust problem when it is dry and the mud problem when it is wet which has resulted from road work over the last two (2) years. She stated that they would like to have the speed limit signs and the school bus signs placed back, traffic limited to local residents only until the roads are improved, and their fair share of the impact fees and the gas tax dollars and information on where those dollars are going. She stated that there was no crime patrol in the area and the residents were concerned with the excess speeds on Highway 19. She stated that they would like the remaining unpaved roads maintained so that emergency vehicles can get through to the homes.

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, stated that the proposed East Dewey Robbins road project would be paid for by impact fees and gas tax dollars.

Commr. Pool stated that he and Mr. Stivender have met with a group of homeowners in the area, and the majority of the homeowners want Dewey Robbins Road paved. He questioned if the County Commission could provide "Local Traffic Only" signs, and speed limit signs to slow the traffic down.

Mr. Stivender stated that speeding traffic was an enforcement issue and information was forwarded to the Sheriff's Office several months ago and patrols have been in the area. He stated that the danger on a clay road was not as much speeding as careless driving. He explained that impact fee monies could not be used to pave Dewey Robbins Road if the road was limited to local traffic only.

In response to a question presented by Commr. Swartz, Ms. Sigmund stated that she would not be willing to pay more gas tax in order to have the County better maintain her road because she sees frivolous areas where the Board was allocating money out of the budget that could be better spent. She stated that the Board should not even consider a park or a bicycle trail when peoples' lives are in jeopardy.

Cablevision Franchise Fees

Mr. Elmer Berol, a resident of Fruitland Park, appeared before the Board to discuss cable franchise fees paid to Lake County pursuant to the agreement between the County and Comcast Cablevision. He questioned what formula was used by the cable company to figure franchise fees paid Lake County; where in the franchise agreement is Lake County required, or given the authority, to answer questions or complaints of the customers of the cable company; what were the gross revenues for the first quarter 1999; has Lake County contacted Comcast to find out why they are still collecting money for the FCC when the FCC no longer regulates the cable companies; and has the County asked the cable company if those "must carry stations" still must be carried and are the customers required to pay for that service. He requested answers to the above noted questions.

Dewey Robbins Road

Mr. Jim Cefalo, a resident on Dewey Robbins Road, appeared before the Board and stated that he has three articles dating back to 1993 from Lake Sentinel's archives stating that there was $25,000,000 available for road improvements. He questioned how said money has been spent and why it did not get spent on Dewey Robbins Road. He stated that just past Citrus Valley Road there were hills where the County has cut drains in the side of the road to allow the water to drain, and he has requested that the County clear those drains when they grade the road. He stated that the road was totally washed out at this time with only approximately fifteen (15) feet for vehicles to drive on hard clay.

Mr. Barry Knight, a resident on the corner of Turkey Road and Dewey Robbins Road, appeared before the Board in opposition to the paving, however, expressed support of maintaining the roads the way they were maintained five (5) years ago.

PRESENTATIONS (CONTINUED)

ACCESS MANAGEMENT PLAN FOR S.R. 50 FROM U.S. 27 EAST TO THE LAKE/ORANGE COUNTY LINE

Mr. Fred Schneider, Engineering Director, Department of Public Works, appeared before the Board and distributed a copy of the State Road 50 Access Management Plan, dated June 15, 1999, and aerial maps illustrating the location of proposed developments along S.R. 50. He stated that the Lake County Department of Public Works, the City of Clermont, and the Florida Department of Transportation (FD)T) have coordinated on an Access Management Plan for S.R. 50 U.S. 27 east to the Lake/Orange County Line, and the City of Clermont has approved the Access Management Plan for the area. He explained that access management was the control and regulation of the spacing and design of driveways, medians, median openings, traffic signals and freeway interchanges and was based on the FDOT 24-97 "standards" rule which establishes access class 3 in the rural area and access class 5 in the City of Clermont area. He discussed the benefits and the goals of access management to provide a safe and efficient flow of traffic along a roadway while preserving reasonable access to abutting properties by limiting the number of conflict points. He presented the aerial maps on the monitor and discussed the locations of traffic signals, the location of a shopping center, and various other facilities and developments. He stated that, with the Board's approval of the conceptual Access Management Plan, the Plan will be presented to FDOT, and FDOT will go forward with a Project Development and Environment (P D & E) study in year 2001 for S.R. 50.

COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

HEALTH DEPARTMENT

Commr. Gerber stated that she requested that Tab 4, a request for approval of first amendment to the Lake County Health Department Contract reflecting increases/decreases in programmatic funding; increases/decreases in projected revenue, both Medicaid and fees; shifts in programmatic planned expenditures; and increased drawdown of State and County trust funds be pulled for discussion. She requested that the Chairman write a letter expressing the County's objection to the decreases in revenue within the 30 day window.

Mr. Fletcher Smith, Senior Director, Department of Community Affairs, appeared before the Board to discuss this request.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a request for approval of first amendment to the Lake County Health Department Contract reflecting increases/decreases in programmatic funding; increases/decreases in projected revenue, both Medicaid and fees; shifts in programmatic planned expenditures; and increased drawdown of State and County trust funds; and authorization for the Chairman to send a letter expressing the County's objection to the decrease in revenues. This amendment reflects an overall decrease to the contract in the amount of $93,501.00.

ACCOUNTS ALLOWED/ROADS-COUNTY & STATE/ROAD PROJECTS

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present the request for authorization to advertise for bids for CR 2/3-2729 East Dewey Robbins Road, Phase I, Paving Project No. 8-99, at an estimated cost of $430,000.00 from the Road Impact Fee Fund - Road Benefit District 4. He stated that this project has been on the Road Impact Fee program since 1997, and Phase I has been divided into two segments due to lack of revenues for the project.

Commr. Swartz stated that he requested that this item be pulled from the consent agenda for discussion. He stated that he was aware of the concerns of the residents that live on East Dewey Robbins Road, and they are valid concerns but are not unique concerns. He stated that he can not find a way to justify this road project as an impact fee project. He explained that the impact fees, as outlined in the Lake County 2020 Transportation Plan, are designed to be used as a revenue source to aid in capacity improvements of the County, and the East Dewey Robbins Road project does not aid in capacity improvements, however, could be paved as a gas tax project. He stated that approval of this request will result in the Board committing in excess of $2,000,000 because for it to be legally an impact fee project, Dewey Robbins Road will have to be paved from S.R. 19 to Highway 27. He expressed concern that, if scarce impact fee monies are spent on roads that serve as a local collector and not a major arterial within the system, it was not going to improve capacity for our transportation system in Lake County. He stated that he continues to support gas tax for road projects because that will be the only way to maintain our existing road system.

Commr. Pool stated that he disagrees with Commr. Swartz's position and stance and stated that the residents on East Dewey Robbins Road do not care where the money comes from but do care about the fact that they have been on this list and been made promises year after year. He stated that the east/west connection makes it something that was needed, and he sees Dewey Robbins Road as a major thoroughfare.

Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve the request for authorization to advertise for bids for CR 2/3-2729 East Dewey Robbins Road, Phase I, Paving Project No. 8-99, at an estimated cost of $430,000.00 from the Road Impact Fee Fund - Commissioner Districts 2 and 3 - Road Benefit District 4.

Commr. Hanson stated that, when the Dewey Robbins Road project was completed, it would relieve some of the demands on County Road 561 and other roads that would be alternate routes; therefore, the paving project can be justified as a road impact fee project.

Commr. Gerber expressed concern that the Dewey Robbins road project had not been looked at closer as an appropriate road impact fee project. She requested that other road projects listed on the road impact fee project list be reviewed to determine if they are appropriate to receive impact fee dollars.

The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.

Commr. Swartz voted in opposition.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/COMMITTEES/RESOLUTIONS

Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1999-111 amending Resolution No. 1995-72 which created the Lake County Cultural Affairs Council to establish the expiration date of member terms of office and extend terms of office of all current members to September 30 to coincide with the Council's fiscal year and to correct a technical error.

ADDENDUM NO. 2

COMMITTEES/MUNICIPALITIES

Mr. Fletcher Smith, Senior Director, Department of Community Services, appeared before the Board to present the request for approval of the Affordable Housing Advisory Committee's recommendation that requests for SHIP Funds as match on Municipalities' Community Development Block Grant (CDBG) applications for the Cities of Mascotte, Leesburg and Clermont not be approved. He explained that the funding would come from funds designated for home repair and the plan specifies that only fifty (50%) percent of those funds can be used for local match for programs such as this request. He explained that there were sixty-one (61) people on the waiting list for housing rehabilitation and there are not sufficient funds to cover those projects.

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approve the request for approval of the Affordable Housing Advisory Committee's recommendation not to approve the requests for SHIP Funds as match on Municipalities' CDBG applications for the Cities of Mascotte, Leesburg and Clermont.

Commr. Pool stated that it was unfortunate that the funds are not available because all projects such as those projects in the Cities of Mascotte, Leesburg and Clermont are much needed.

Ms. Kelly Pisciotta, Affordable Housing by Lake, appeared before the Board and explained that the Affordable Housing Advisory Committee does look at these requests very seriously because there was a need. She explained that, if SHIP funds that have been set aside for home repair are used for other CDBG projects, the waiting list of residents that have been waiting for their funding loose out because the CDBG project moves up the list.

The Chairman called for a vote, which carried unanimously by a 5 - 0 vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS GEOGRAPHIC INFORMATION SYSTEMS

Ms. Kitty Cooper, Director, Lake County Geographic Information Systems (GIS), appeared before the Board to present this request and explained that the Lake County Water Authority has approved to budget $75,000 to update the wetlands layer, and the request before the Board at this time was a request that Lake County provide matching funds, in the amount of $75,000, to be taken from the special reserve account. She stated that Ms. Kathleen O'Keefe, Project Manager, Greenhorn & O'Mara, was present in the audience.

Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, appeared before the Board and explained that the existing contingency fund was approximately $150,000, which was very low looking forward to the summer and unanticipated judicial expenses; therefore, this request will be from the special reserve fund.

Commr. Swartz expressed concern with running low in the special reserve fund, and requested that the funding come from the contingency fund.

Commr. Swartz made a motion, which was seconded by Commr. Hanson, to approve the request for approval of participation in an interlocal agreement with the Lake County Water Authority to update the wetlands layer (last updated in 1987 by St. Johns River Water Management District), and the creation of an updated wetlands layer as part of the creation of the Lake County Geographic Information Systems (GIS) base map, in the amount of $75,000.00 to be taken from the contingency fund.

Ms. Sue Whittle, County Manager, commented that the funding could be taken from the contingency fund and explained that staff anticipates that the general fund contingency would run out of money by the year end because of much higher than usual costs in the judiciary, which is why staff was recommending that the funding come out of the special reserve.

The Chairman called for a vote, which carried unanimously by a 5 - 0 vote.

ORDINANCES/CODE ENFORCEMENT/ZONING

Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to advertise an ordinance moving Code Enforcement provisions from the Lake County Land Development Regulations to Chapter 8 of the Lake County Code.

ZONING

Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board to present this request.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to revoke the following voluntary Mining Conditional Use Permits: CUP#981-5; CUP#981A-5; CUP#90/3/4-3; CUP#92/9/6-2; and Vested Right #90/9/4.

CONTRACTS, LEASES & AGREEMENTS/ZONINGS

Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board to present this request and explained that the Settlement Agreement allows the use of an existing building for a beauty salon for local use.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Settlement Agreement between Donald R. Jones and Brenda G. Jones and Lake County.

ACCOUNTS ALLOWED/GRANTS/RESOLUTIONS

Mr. Jim Stivender, Jr., Senior Director, Department of Public Works, appeared before the Board to present this request.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and authorization of the Chairman's signature on the Fiscal Year 1999/2000 Transportation Disadvantaged Grant Program for Planning Related Services, in the amount of $19,618.00, and adoption of supporting Resolution No. 1999-112.

ACCOUNTS ALLOWED/BUDGET TRANSFERS/SOLID WASTE

Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to present the request for approval to modify five Residential Drop-off Centers to utilize a dual system of stationary compactors for municipal solid waste (MSW) for transportation; and authorization to transfer from contingency and expend necessary funds in the amount of $150,295.00. He stated that sufficient funds were in contingency for this funding and this will allow the County to have a less odor, user friendly facility for the citizens of Lake County.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to modify five Residential Drop-off Centers to utilize a dual system of stationary compactors for municipal solid waste (MSW) for transportation; and authorization to transfer from contingency and expend necessary funds in the amount of $150,295.00.

OTHER BUSINESS

APPOINTMENTS/RESIGNATIONS/COMMITTEES

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointments and reappointments of the following individuals to serve on the Women's Hall of Fame Selection Committee:

District No. 1 Carol Gregg

District No. 2 Ann Dupee

District No. 3 Gwen Manning

District No. 4 Shirley Grantham

District No. 5 Bob McKee

REPORTS

COUNTY MANAGER

Ms. Sue Whittle, County Manager, noted that a Board Retreat has been scheduled on June 18, 1999 at 9:00 a.m. at Continental Acres Equine Resort.

COMMISSIONER POOL - DISTRICT NO. 2

Commr. Pool informed that he attended meetings in Mascotte and at Lake Louisa State Park on the Van-Fleet State Trails and was invited to a dinner by the VFW in Mount Plymouth. He expressed concern with the way in which the Lake Sentinel was reporting his comments on various issues.

COMMISSIONER HANSON - DISTRICT NO. 4

JUDICIAL/COUNTY POLICY

Commr. Hanson presented the request for discussion on the County's current position with regard to quasi-judicial proceedings on local government and land use matters.

It was noted that this discussion would be brought back to the Board at a later date.

ADDENDUM NO. 1

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT NO. 5

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Proclamation No. 1999-113 proclaiming June 26, 1999 as Foster Parents Day.

ORDINANCES

On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved to advertise an ordinance creating Article XII of Chapter 13 of the Lake County Code entitled "Motor Vehicle Title Loans".

PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARING-LAKE COUNTY 2020 LONG RANGE TRANSPORTATION PLAN AND COST FEASIBLE PLAN ADOPTION

Mr. Bill Oliver, Tindale-Oliver and Associates, Inc., appeared before the Board to present the 2020 Long Range Transportation Plan and Cost Feasible Plan and stated that the plan was now near completion. He stated that in March the Board endorsed a cost feasible transportation plan for presentation to the public and instructed staff to make presentations to the municipalities in Lake County. He stated that, in addition to those presentations, a public town meeting was held in which the plan was presented and public comment was received. He stated that the purpose of the presentation today was to report on those activities, and to recommend that the Board adopt the plan that the community has prepared as a basis for the Lake County Comprehensive Plan Transportation Element. He stated that he would make a brief presentation on the transportation plan, report on the public input that has been received, and present a recommendation to the Board. At this time he presented a slide presentation and briefly discussed, the following:

GROWTH BY SUB-AREA

Population Projection by Planning Area

NEEDS ASSESSMENT

Travel grows by 80%, necessitating 465 lane-miles of road.

Expanded bus system requires $9.3 million over 17 years.

405 miles of bicycle facilities.

257 miles of sidewalks on major roads.

Costs in excess of $695 million.

NEEDS HIGHWAY PLAN

SUMMARY OF COUNTY REVENUE ALLOCATION (2003-2020)

Total County Revenues $200.4 Million to be available.

$57,105 (28.5%) Capacity Expansion.

COST-FEASIBLE HIGHWAY PLAN

Improvements by Phase.

Northern By-Pass has been deleted.

Interchange at Turnpike on C.R. 470.

52 miles of lane addition. (38 miles on the state system and 14 on the county system)

Linkages to the Orlando urban area in South/East Lake County.

Improvements to S.R. 50.

SYSTEM PERFORMANCE OVER TIME

PUBLIC TRANSPORTATION RECOMMENDATIONS

Expand Fleet

Increase Fixed-Route Service

Pursue Federal Funding

Local Matching Cost of $9.3 Million

BICYCLE FACILITIES POLICY & RECOMMENDATION

Budgeted just over $800,000 over a 17 year period for 53 miles of new bicycle facilities.

Bicycle planners need to prioritize where the new facilities need to be built.

PEDESTRIAN FACILITIES POLICY

Budgeted just over $250,000 over a 17 year period.

44% of major urban roads by year 2020 including sidewalks constructed with roadway improvements.

PUBLIC COMMENTS

Extending an expressway into the Clermont area from the Orlando area to help ease travel demands in that area.

Allocating bicycle costs proportionately to the users of the system in a similar manner that you might look at a per capita funding for the transportation system.

RECOMMENDATIONS TO THE BOARD

Adopt the Cost Feasible Plan as a guide to both the Capital program and indirectly as a result of its incorporation into the Capital program, it will have an influence on the concurrency systems.

Adopt the needs assessment plan as a card or protection guide.

Consider increase revenues to help slow the rate at which congestion will increase on the road system.

Use the planning tools that Tindale-Oliver will be leaving with County staff to monitor conditions on a regular basis and to study further options to providing transportation system.

Require staff to provide status reports on an annual basis, or every two years, on the condition of the transportation system using the following four primary tools: 1) Transportation Model; 2) Data Base System; 3) GIS Maps; and 4) Model to test, or develop different growth allocation schemes.

Integrate this plan into the Lake County Comprehensive Plan Updates

Continue to support Lake County's planning program.

Mr. Oliver stated that staff was in the process of reviewing a draft report that documents the full study and the recommendations.

At this time, the Chairman opened the public hearing portion of the meeting.

Ms. Cecelia Bonifay, Attorney, Akerman, Senterfitt & Eidson, appeared before the Board and stated that there were a number of questions and issues raised at the last meeting about the relationship of the 2020 Long Range Transportation Plan to the Lake County Comprehensive Plan, specifically in the area of land use and future land use. She expressed concern that the Evaluation and Appraisal Report has not come forward, and the County has done nothing with its Comprehensive Plan revision. She stated that there were a number of issues for the Board to address in the area of mining, locational commercial facilities and the transportation program. She stated that her concern was how the Board could adopt this study in total isolation from the Comprehensive Plan. She urged the Board to review House Bill 17, which addresses many new innovative programs, and encouraged the Board to look at other funding sources other than the gas tax and impact fees.

There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Swartz stated that there was adequate information in the study and report before the Board at this time that could responsibly be used to address the issues. He stated that the issue of revenues to fund the transportation system in Lake County should be addressed. He stated that the growth forecast in this study was a mistaken approach, and basically we are taking a statistical growth pattern and projecting that out into the future rather than analyzing what it was that our infrastructure can continue to support during that same planning period. He stated that to adopt a cost feasible plan, given the results that will flow from this plan, would be irresponsible and memorializes a projected lower level of service that, on average, is over a fifty (50%) percent degradation of our existing conditions. He stated that to not identify revenues that allow you to keep your level of service was a disservice to the citizens of Lake County. He stated that he would not vote to make this approach a part of the Lake County Comprehensive Plan.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried by a 4 - 1 vote, the Board approved the request for adoption of the Lake County 2020 Long Range Transportation Plan and Cost Feasible Plan.

Commr. Swartz voted in opposition.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 1:40 p.m.

_________________________________

WELTON G. CADWELL, CHAIRMAN

ATTEST:

_________________________________

JAMES C. WATKINS, CLERK

msf\6-15-99-6-18-99\boardmin