A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 19, 1999

The Lake County Board of County Commissioners met in regular session on Tuesday, October 19, 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: Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Commr. Welton G. Cadwell, Chairman, was not present, due to another commitment. Others present were: Alvin Jackson, Deputy County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.

Mr. Alvin Jackson, Deputy County Manager, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Alvin Jackson, Deputy County Manager, informed the Board that Tab 17, under the County Manager's Consent Agenda, a request to accept the final plat for Village at Black Bear Subdivision, needed to be pulled, due to the failure of said subdivision to complete punch list items.

Mr. Sandy Minkoff, County Attorney, interjected that Tab 13, under the County Manager's Consent Agenda, a request for authorization to accept the final plat for Clar-Mart Phase Two Subdivision, and a conservation easement deed, needed to be pulled, as well. He stated that staff would like to postpone both items, Tabs 13 and 17, until the Board Meeting scheduled for October 26, 1999.

MINUTES

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the Minutes of August 24, 1999, as presented.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 7, 1999, as presented.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 21, 1999, as presented.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved the Minutes of September 28, 1999, as presented.

Commr. Cadwell was not present at this meeting.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Bonds-Contractor



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



NEW



97-2000 J. E. Patterson (Plumbing, Electrical and Air Conditioning)

1904-2000 John Foster, Sr.

4147-2000 Harold L. Cuthbertson d/b/a Tri-City Plumbing, Inc.

4468-2000 Malcolm C. Staples d/b/a Bill's Air Conditioning & Heating Corporation

4536-2000 Peltz, Inc. d/b/a Mike Peltz Professional Plumbing

4564-2000 Michael Hritzik d/b/a Lake County Air Conditioning & Heating

4831-2000 Frank Grant (Plumbing)

4963-2000 Jerry N. Ustler (Electrical)

5019-2000 Michael D. McGowen d/b/a A Plus Plumbing

5050-2000 Lawrence E. Tift, Jr. d/b/a Innovative Electric, Inc.

5101-2000 Clarence E. Kelly

5253-2000 Ron Troutman (General)

5306-2000 Gloria Jean Lacy (Roofing)

5426-2000 Richard A. Menard (Aluminum Contractor)

5455-2000 William Clifford Brydges (Electrical)

5499-2000 Walter Sheme d/b/a All Central Electric

5506-2000 Larry Hamer d/b/a Maintenance Plus, Inc.

5510-2000 Arnoldo Zapatero (Mechanical, Heating, and Air Conditioning)

5537-2001 Randy Alumbaugh d/b/a Randy Alumbaugh Construction, Inc. (Residential)

5648-2000 Innovation Industries, Inc. d/b/a Jack & Andy's Electric

5706-2000 Kevin A. Kennedy d/b/a Special K. Electric, Inc.

5725-1999 Mark D. Pierson d/b/a Pre-Designs, Inc.

5726-2000 Hollis Kendal d/b/a Artistic Acrylic Concrete Coatings, Inc.

5727-1999 Frank L. DeSantis d/b/a DeSantis Appliance & Air Conditioning Repairs

5728-2000 Robert E. Shaffer d/b/a Myriad Electrical

5729-2000 Mark Romani

5730-2000 Steve Nichols d/b/a National Energy Production Corporation

5731-2000 Derek Anthony Heron, Jr. d/b/a Heron Electric, Inc.

5732-2000 Michael Roberts d/b/a Embiar Construction& Design, Inc.



RIDER



4765-2001 Changing name from Dale R. Ellis to A to Z Home Improvement & Aluminum

5301-2000 David A. Labagh d/b/a Dave's Wood Shop amended to read: David A. Labagh, Individual

5537-2001 Randy Alumbaugh d/b/a Randy Alumbaugh Construction, Inc. - Anniversary date amended to read: September 30, 2001

RENEWAL



4233-2001 Paul Brooks (Residential)

4381-2001 Jim White Electric, Inc.



CANCELLATIONS



4232-1999 Thomas Ruff

5635-1999 Kerry G. Bartlett



Accounts Allowed/Clerk

Request for approval of list of items to be deleted from Fixed Assets, for the month of October, 1999, in the amount of $23,383.30.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction and Release of Fine, as follows, and authorized proper signatures on same:



Reduction of Order of Fine for Robin E. Sockol, in the amount of $200.00, dated August 13, 1999, recorded in Official Records Book 1743, Pages 1173 and 1175. Judgment-Creditor acknowledges receipt of $200.00 as payment in full of said Judgment and directs that said Judgment be canceled of record.



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction and Release of Fine, as follows, and authorized proper signatures on same:



Reduction of Order of Fine for Theodore J. Grabb, c/o Shirley Hayes, in the amount of $2,200.00, dated November 14, 1996, recorded in Official Records Book 1477, Pages 2151 and 2152; and Second Order of Fine, in the amount of $23,800.00, dated July 10, 1997, recorded in Official Records Book 1532, Pages 2155 and 2156. Judgment-Creditor acknowledges release of said Judgment and directs that said Judgment be canceled of record.



Accounts Allowed/Courts-Judges



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



State of Florida vs. John Arthur Avery, in the amount of $250.00, dated May 23, 1994, recorded in Official Records Book 1299, Page 1821, Case No. 94-249-CFA.



Accounts Allowed/Reports



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.



Budgets/Water Resources



Request to acknowledge receipt of Oklawaha Basin Recreation and Water Conservation and Control Authority's (Lake County Water Authority) Final Budget for Fiscal Year 1999-2000, as required by Section 218.34(3), Florida Statutes.



Clerk/Reports



Request to acknowledge receipt of Clerk of the Circuit Court, James C. Watkins, Clerk, Investment Report for Fiscal Year 1998-99.



Reports/State Agencies



Request to acknowledge receipt of Florida Department of Agriculture and Consumer Services 1998-99 Fiscal Year Activity Report for the Division of Forestry's Fire Prevention and Suppression Program and the Cooperative Forestry Assistance Program in Lake County, Florida.



Meetings/Subdivisions



Request to acknowledge receipt of Country Club of Mt. Dora Community Development District's Fiscal Year 1999-2000 Notice of Public Meeting Schedule and District Map, in accordance with Chapter 189, Florida Statues, for purposes of disclosure and information only.



Meetings/Subdivisions



Request to acknowledge receipt of Deer Island Community Development District's Notice of Public Meeting Schedule and District Map, in accordance with Chapter 189, Florida Statues, for purposes of disclosure and information only.



Accounts Allowed/Clerk



Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $11,678.55.



Florida Public Service Commission/Meetings



Request to acknowledge receipt of Notice Before the Florida Public Service Commission: In Re: Application for rate increase and increase in service availability charges by Southern States Utilities, Inc., for Orange-Osceola Utilities, Inc., in Osceola County, and in Bradford, Brevard, Charlotte, Citrus, Clay, Collier, Duval, Highlands, Lake, Lee, Marion, Martin, Nassau, Orange, Pasco, Putnam, Seminole, St. Johns, St. Lucie, Volusia, and Washington Counties; Docket No. 950495-WS, Order No. PSC-99-1794-FOF-WS; Final Order on Remand Reconsidering Order No. PSC-99-0093-OFOF-WS, Approving Modified Offer of Settlement, Setting Final Rates, Canceling Escrow Requirement and Releasing Escrowed Funds, Denying Motion for Consolidation, and Closing Docket.



Florida Public Service Commission/Meetings



Request to acknowledge receipt of Notice of Hearing and Prehearing Before the Florida Public Service Commission to All Parties and All Other Interested Persons: In Re: Docket No. 981890-EU-Generic Investigation into the Aggregate Electric Utility Reserve Margins Planned for Peninsular Florida. Notice is hereby given that a Prehearing Conference will be held on October 18, 1999, at 1:30 p.m., Betty Easley Conference Center, Room 152; and a Public Hearing will be held on November 2, 1999, at 9:30 a.m., Betty Easley Conference Center, Room 148, Tallahassee, Florida; and Notice of Commission Hearing and Prehearing Before the Florida Public Service Commission to All Investor-Owned Electric and Gas Utilities and All Other Interested Persons: In Re: Docket No. 990001-EI-Fuel and Purchased Power Cost Recovery Clause and Generating Performance Incentive Factor; Docket No. 990002-EG-Energy Conservation Cost Recovery Clause; Docket No. 990003-GU-Purchased Gas Adjustment (PGA) True-Up; and Docket No. 990007-EI-Environmental Cost Recovery Clause. Notice is hereby given that a Prehearing Conference will be held on November 4, 1999, at 9:30 a.m., and a Public Hearing will be held on November 22, 1999, at 9:30 a.m., Betty Easley Conference Center, Room 148, Tallahassee, Florida.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 99-21, from the City of Eustis, annexing into the corporate limits of the City of Eustis, Florida, 6.41 acres of land on the north side of Bates Avenue, East of Wall Street; subject to the Lake County Land Use Map Designation of "Urban", pursuant to Florida Statute 171.062; providing for limitations and certain conditions; amending the Future Land Use Map, pursuant to Florida Statute 163.3187; and providing for redefinition of the land boundaries of the City of Eustis. Passed, ordained, and approved by the City Commission of the City of Eustis, Florida, on September 23, 1999.

Commr. Cadwell was not present at this meeting.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Swartz requested that Tab 7, a request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Clermont, who are recipients of the regional grant for FY 1998/99, in the amount of $75,000.00, and FY 1990/2000, in the amount of $75,000.00, be pulled for discussion.

On a motion by Commr. Pool, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Accounts Allowed/Community Services/Public Health



Request from Community Services for approval to continue the direct pay procedure during FY 1999/2000, for the monthly Medicaid Nursing Home and Hospital bills, as well as for direct pay of the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 1999.



Accounts Allowed/Community Services/Contracts, Leases and Agreements/Grants



Request from Community Services for approval of annual grant funding, in the amount of $172,403.00, for nine Children's Services providers who have submitted applications for County funds; and request for authorization for signature on subsequent contracts, contingent upon County Attorney approval. The grant funding allocations are as follows:



Childhood Development Services, Subsidized Child Care $35,000.00

Children's Home Society, Healthy Families Project $20,000.00

Deaf Service Center of Lake County, Inc., Early Intervention Sign Language $ 864.00

Golden Triangle YMCA, Black Achievers Program $15,000.00

Hospice of Lake and Sumter, Inc., Camp Bridges Program $ 8,194.00

Joining Hands, Inc. of Florida - Helping Others & Dreams Come True $10,000.00

Lake Sumter Children's Advocacy Ctr., Crisis Counseling, Supervised Visit. $50,000.00

Mount Olive Missionary Baptist Church - Stuckey's Kids $13,345.00

Mount Olive Progressive Baptist Church, CASSAMM After School $20,000.00



Accounts Allowed/Community Services/Contracts, Leases and Agreements/Grants

Request from Community Services for approval to fund expenses, in the amount of $21,000.00, for the software, hardware, and personnel wages for compilation, editing, and distribution of the Community Resource Directory, as agreed in the 1998/1999 Agreement for Grant Funding - Comprehensive Community Resource Directory serving Lake County.



Accounts Allowed/Contracts, Leases and Agreements/Emergency Management

State Agencies



Request from Emergency Management for approval and execution of FY1999/2000 Emergency Management Preparedness and Assistance Trust Fund Agreement between the Lake County Board of County Commissioners and the Department of Community Affairs, in the amount of $103,219.00.



Accounts Allowed/Contracts, Leases and Agreements/Grants/Municipalities

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Clermont, who are recipients of a grant for FY 1999/2000, in the amount of $10,000.00.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval to execute a contract and all necessary closing documents to purchase property in Lake Jem, at Lake Jem Park, at a cost of $12,200.00.



Accounts Allowed/Environmental Health/Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval to purchase 12 work stations, in the amount of $16,218.90, for use by Environmental Health, which is relocating to the first floor of the Administration Building.



Fiscal and Administrative Services/Geographic Information Systems/State Agencies



Request from Fiscal and Administrative Services - Geographic Information Systems for adoption of the GIS Advisory Team's recommendations to adopt the Cadastral Mapping Standards that were developed by the Florida Department of Revenue, Property Tax Administration Mapping, and the GIS Section, in cooperation with the Florida Geographic Information Board.



County Property/Fiscal and Administrative Services/Procurement Services



Request from Fiscal and Administrative Services - Procurement Services for approval to declare the items listed on Attachment A (contained in the Board's backup material) as surplus to County needs, and authorize their sale to the highest bidders, at the annual Combined County-Cities Auction.



Accounts Allowed/Bids/Contracts, Leases and Agreements/Municipalities

Public Works/Road Projects/Roads-County and State



Request from Public Works for authorization to award Palmetto Drive Extension Paving Project No. 9-99, Bid No. 99-169, to Superior Asphalt of Central Florida, Inc. (second lowest bidder), in the amount of $40,754.70; execute Interlocal Agreement between Lake County and the City of Mascotte, relating to Palmetto Drive Extension Paving Project No. 9-99 (subject to review and approval by the County Attorney); and to encumber and expend funds, in the amount of $44,504.70, from the Road Impact Fee Fund. Benefit District 6 - Commissioner District 2.



Accounts Allowed/Public Works/Subdivisions



Request from Public Works for authorization to release a Letter of Credit, for performance, in the amount of $1,308,807.34, that was posted for Royal Highlands Phase 1-D Subdivision. Subdivision consists of 192 lots - Commissioner District 2.



Accounts Allowed/Public Works/Subdivisions



Request from Public Works for authorization to release a Letter of Credit, for performance, in the amount of $375,000.00, that was posted for Royal Highlands Phase 1-C-A Subdivision. Subdivision consists of 123 lots - Commissioner District 2.



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 Quail Ridge Estates First Addition Subdivision; execute a Developer's Agreement between Lake County and DNS Enterprises, Inc., for maintenance of improvements; accept a Letter of Credit, for maintenance, in the amount of $16,991.93; and execute a Resolution accepting the following roads into the County Road Maintenance System: Quail Ridge Circle "Part" (CR 5-6939) and Pheasant Trail (CR 5-6939C). Subdivision consists of 60 lots - Commissioner District 5.



Deeds/Public Works/Roads-County and State



Request from Public Works for approval to accept the following:



Conservation Easement Deed



Weston Hills - Lake County Ltd., Partnership



Cross Access Easement Deed



Charles E., Jr. and Jacqueline H. Bailes

SR 50



Non-Exclusive Easement Deeds



Christopher Craven

Water Services, Inc., a Florida Corporation

US 27/C 25



Special Warranty Deeds



Clarence and Joan Huffman

CR 42



Helen Cassady

Haynes Road (1-6511)



Statutory Quitclaim Deed



Roy J., Jr. and Roselea R. Brogan

Huffstetler Drive



Statutory Warranty Deeds



Ideal Development Co. of Central Florida, Inc.

Felkins Road (5-6938)



Sprint-Florida, Inc.

Huffstetler Drive



Ann Huffstetler Rou

Huffstetler Drive



Cadia, Inc., a Florida Corporation

Huffstetler Drive



Barner Edward Dillard, Jr.

Huffstetler Drive



Gary Lee and Joy Ruth Champion

Keene Road (5-8165)



Norman D. and Jacquelyn A. Arman

Keene Road (5-8165)



Wayne and Shirley Harker

Keene Road (5-8165)



Elizabeth R. Berberick

Keene Road (5-8165)



Robert P. and Diane M. Coleman

Keene Road (5-8165)



Jeri A. Springer

Lake Drive (4-8698B)



Wilson Colt and Wendy Dawn Fischer

Twin Ponds Road (5-7676)



Public Works/Resolutions/Road Vacations - Approval to Advertise

Municipalities/Rights-of-Way, Roads and Easements/Subdivisions



Request from Public Works for approval to advertise Resolution-Vacation Petition No. 914, by Ronald and Donna Timson, to vacate drainage and utility easement, Quail Pointe at Silver Lake, Section 14, Township 19S, Range 25E, Leesburg/Silver Lake area - Commissioner District 3.



Public Works/Resolutions/Road Vacations - Approval to Advertise

Municipalities/Rights-of-Way, Roads and Easements/Subdivisions



Request from Public Works for approval to advertise Resolution - Vacation Petition No. 915, by Jerald and Glenda Rish and Edward and Linda Trahan, Representative - Terry T. Neal, P.A., to vacate drainage and utility easements, Harbor Hills, Unit 1A, Section 18, Township 18S, Range 25E, Lady Lake area - Commissioner District 5.



Public Works/Resolutions/Road Vacations - Approval to Advertise

Municipalities/Rights-of-Way, Roads and Easements/Subdivisions



Request from Public Works for approval to advertise Resolution-Vacation Petition No. 916, by Lori Little, Representative - Debbie Stivender, to vacate utility easements, Orange Blossom Gardens, Unit 3.1B, Section 7, Township 18S, Range 24E, Lady Lake area - Commissioner District 3.



Contracts, Leases and Agreements/Solid Waste



Request from Solid Waste for authorization for the Chairman to execute all necessary documents to authorize the assignment of the Solid Waste and Recycling Collection Services Contract between Lake County and BFI Waste Systems of North America, Inc. to Florida Recycling Services, Inc.



Roads-County and State/Signs/Solid Waste



Request from Solid Waste for authorization to post 10 mph speed limit signs at the IMPACT Recycling Center and along the driveway approaching the IMPACT Recycling Center.



Contracts, Leases and Agreements/Fiscal and Administrative Services



Request from Fiscal and Administrative Services for approval and signature on the Self-Insured Group Medical Program contract with Florida Hospital Waterman Healthcare Systems, Inc. (FHWHS) and Professional Administrators, Third Party Administrator (TPA).



Commr. Cadwell was not present at this meeting.



PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCE

PRESENTATION

RESOLUTIONS/PUBLIC HEALTH

A Resolution recognizing Breast Cancer Awareness Month was presented to the American Cancer Society of Lake County by Commissioner Rhonda Gerber.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCE

PRESENTATION

RESOLUTIONS/MISCELLANEOUS

A Proclamation recognizing Florida Overpopulation Awareness Week was presented to Dr. Mary Anderson, Floridians for a Sustainable Population, by Commr. Catherine Hanson.

Doctor Anderson addressed the Board and thanked them for the Proclamation, on behalf of herself and the other members of her organization. She stated that it reflects the caring and concern of many individuals for the health and well-being of the citizens of Lake County, as well as the citizens of Florida. She referred to a cartoon that she had presented to the Board Office, prior to this meeting, stating that it was a very insightful cartoon, worth a thousand words. She stated that her organization hoped the cartoon and Proclamation would encourage lots of people to think and be aware of over-population, which they feel is a major progressive and cumulative problem that impacts the lives of everyone socially, economically, and culturally. She encouraged the Board to do what it could to reduce the number of people coming into Florida on a daily basis and thanked them for bringing this problem to the attention of Lake County.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCE

PRESENTATION

GROWTH MANAGEMENT/WATER RESOURCES

Mr. James Milton Thomas, President, Friends of Lake Apopka Restoration Committee, addressed the Board and discussed the participation of Lake County in the Lake Apopka Regional Planning Initiative. He thanked the Board for their past support of the group's restoration efforts and stated that, in spite of what they might read in the newspaper or see on television, his group feels the restoration process is going to continue and is going to work. He stated that the data on water quality for the past two years shows considerable improvement, noting that for the first time in 50 years tons of fertilizer are not being dumped into Lake Apopka and hundreds of gallons of pesticides are not being sprayed on the fields.

Mr. Thomas stated that his group already sees a lot of interest and activity in the lands around Lake Apopka, which they are concerned about. He stated that they went before the East Central Florida Regional Planning Council and asked their help in coordinating a study that would involve all the jurisdictions around the lake. He noted that they received good input from the County's planning staff, as well as from Commr. Pool, representing the ECFRPC and Lake County.

Mr. Thomas stated that his group has found there is an interest to put into place some guidelines, which they hope will eventually be translated into comprehensive plan policies, to provide a good coordinated effort and quality development around the lake. He asked for the Board's support in this effort and noted that he would be providing them with a resolution, within the week, that would formalize the issue and spell out all the details that the group would like to see the Board approve. He asked the Board to approve the concept this date and to encourage the County's staff to participate at the highest level. He stated that the Board's interest and input was essential, if the project was going to work. He stated that his group had asked for an elected official, to participate in a steering committee that would help guide the process through, and understood that Commr. Pool had agreed to serve as chairman of that committee. He stated that he felt it was very appropriate that Lake County have a lead in the process, because it has the most space to fill.

Mr. Thomas asked the Board to consider some funding for this effort. He stated that the St. Johns River Water Management District (SJRWMD) agreed to provide $20,000.00 in seed money, to get the process started, and noted that they had asked Orange County to consider a matching fund of $20,000.00, as well. He asked the Board to consider donating the same amount of money, acknowledging the fact that Lake County has already contributed a great deal of money and has done much more than Orange County, for which he noted they were very grateful and appreciative. He stated that his group would like to schedule a workshop meeting with the Board, in the near future, to show them where the process is going and obtain their input. He stated that he would keep the Board posted about any future meetings and would like them to attend said meetings, if possible.

Commr. Hanson questioned whether the land owners around the lake were involved, noting that they were major stakeholders and needed to get involved up front.

Mr. Thomas stated that his group had involved some of the landowners and had received good input from them, from a practical standpoint.

Commr. Swartz commended Mr. Thomas for his "My Word" column that was recently in the newspaper. He stated that he felt it was important for people to realize that, while there have been some temporary setbacks, the decisions that were made are likely to improve the water quality in Lake Apopka and, ultimately, the downstream chain, which comes through Lake County. He commended Mr. Thomas and his organization for all their efforts, however, suggested that as he goes forward and talks with the elective bodies that he get a lot more than just their interest. He stated that he felt, while it will be very easy to get interest and relatively easy to get money, it will be extremely difficult to get the types of commitments that will be necessary to achieve what he feels Mr. Thomas and his organization would like to achieve.

Mr. Thomas stated that he and his organization were aware of that fact. He stated that he appreciated the Board's comments and would appreciate their help in translating what the organization is proposing to where it needs to go.

ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

FACILITIES AND CAPITAL IMPROVEMENTS/GRANTS/MUNICIPALITIES

Commr. Swartz brought up for discussion the issue of a motion that was made at the Board Meeting of September 21, 1999, whereby the Board approved one-half of a regional grant to Lake Sumter Community College. He stated that, in light of the demands that the County is having and some of the desires of the Board, it was increasingly clear to him that what the County started out to do, with regard to a regional park, or parks, was probably not going to meet some of the needs that the County currently has. He stated that somehow the money has become fragmented in a way that he did not feel was what the Board indicated it wanted to do, therefore, wondered if they wanted to reconsider the action they took at said meeting. He stated that it appears the Board wants to find a place for a large soccer complex, but it does not seem like that is what they are doing.

It was noted that the regional grant was going to be in the amount of $150,000.00.

Commr. Pool stated that there is no way $150,000.00 is going to build a regional park and, if the Board thinks it will, they are kidding themselves. He stated that the City of Clermont, at the Palatlakaha Recreational Area, spent over $1 million on a recreational facility. He stated that the $150,000.00 grant was split between Lake Sumter Community College and the City of Clermont and noted that the City of Clermont has already invested $180,000.00 in a 26 acre site, which will have between two and four soccer fields. He stated that it will be a south regional park, because it will affect Montverde, Clermont, Groveland, Mascotte and Minneola. He stated that he feels said money is a small investment to get kids off the streets and in the parks. He wondered why Commr. Swartz was questioning the issue at the eleventh hour.

Commr. Hanson stated that her feeling about the matter is that the County is contributing to regional parks, even though it may not be building the parks; therefore, she was not willing to change her vote. She stated that she feels the reason the parks are being called regional parks is because Lake County is such a large county.

Commr. Gerber stated that she felt the Board should have a joint meeting with the Parks and Recreation Committee, which she noted they had never done, and discuss where the County is going and where the Board would like the County to go.

Commrs. Hanson and Pool concurred.

Mr. Don Post, Senior Director, Solid Waste Management Services, addressed the Board and discussed what he had presented to the Parks and Recreation Committee, with regard to recreational needs within Lake County. He stated that staff followed up on the Board's direction and has just completed talking to all the cities, regarding their current recreational programs and what they are planning to do in the future. He stated that they have put together a presentation and will be bringing forward a multiple choice plan for the Board to look at. He stated that they are planning to schedule a workshop meeting before the holidays, for said presentation; however, he did not have an actual date for the meeting.

Commr. Pool stated that he feels the Parks and Recreation Committee would like to see the County begin active recreation, noting that he thinks they feel the County should and could build more active parks.

Commr. Swartz interjected that that was exactly the sentiment he was hearing on the Board, however, noted that they were making no provisions for it whatsoever. He stated that he expressed his concerns in the first hour, the fourth hour, and the ninth hour and, even though it was now being considered to be the eleventh hour, had he been present at the Board Meeting of September 21, 1999, he would not have supported the motion to give monies to Lake Sumter Community College for a regional park. He stated that, of the two proposed parks, he feels the Clermont park is the better one, noting that he feels it will be more for the youth of Lake County. He stated that he feels the Lake Sumter Community College regional park is going to be, at least for a portion of the day and for portions of the year, largely in support of the students and athletic programs at the college. He stated that there will be other times when it will be available to the youth of Lake County, but it will not be available at those times when the teams will need to practice and/or play and he does not feel that is the mission for said monies.

Mr. Sandy Minkoff, County Attorney, informed the Board that there is another team, at Board direction, that is working with the School Board and the City of Clermont, as well as some private entities, looking at a much larger regional park in south Lake County, hopefully to be combined with the new high school site. He stated that the School System staff is taking the matter to the School Board, with the thought of hiring a joint planning group, to buy a large site and plan the recreational facilities of the high school, along with the park that the City and the County will be enveloped in. He stated that the Board does have money budgeted this year for said cause, even though it may not be enough to begin the land purchase for that process. He stated that they have Board direction to get a contract and are in the process of getting title work and an appraisal done on a site and, if the School Board goes along with it, the City of Clermont has basically already agreed to it. He stated that staff should be bringing that matter back to the Board, as well.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried, by a 3-1 vote, the Board approved a request from Facilities and Capital Improvements for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Clermont, who are recipients of the regional grant for FY 1998/99, in the amount of $75,000.00, and FY 1999/2000, in the amount of $75,000.00.

Commr. Swartz voted "No".

Commr. Cadwell was not present at this meeting.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Robin Eddins, a resident of Groveland, addressed the Board regarding the issue of foster care, at which time she presented them with a copy of a letter that she had received from a couple of foster children, asking her to help them get out of their foster home, because they were living in unsanitary conditions, among other things. She requested the Board's help, with regard to children's welfare issues in Lake County, as well as problems that exist between BRIDGES and the Department of Children and Families (DCF).

It was noted that Ms. Jerri Blair, a local attorney, would be holding a meeting on Wednesday, October 20, 1999, to further discuss the possibility of Lake County taking over, in some regard, the State's responsibilities concerning the Department of Children and Families. The County will then contract out to the local providers.

Commr. Swartz stated that he feels the Board needs to be very cautious, if they move forward with this issue. He stated that they need to go into it not only with their eyes open, but with eyes in the back of their heads. He noted concerns he had about the matter.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/COMMUNITY SERVICES/GRANTS

CONTRACTS, LEASES AND AGREEMENTS

Ms. Cheryl Thomas, Human Services Director, Community Services, addressed the Board and explained this request, stating that the Board approved a Notice of Funding Availability and a Request for Proposal, with regard to this request, on August 17, 1999, setting an application limit of $5,000.00 per agency; therefore, a budget of $40,000.00 was made available. She stated that, per the usual procedure, the Notice of Funding Availability was posted, advertised, and mailed to 19 different agencies. She stated that 8 agencies submitted proposals for funding. She stated that the Human Services Grant Advisory Committee is charged with the responsibility of reviewing the proposals and making funding recommendations to the Board of County Commissioners; however, this year the committee developed a two step process, which they included in their recommendation. She stated that the first phase of their recommendation is that all eight proposals be fully funded at the $5,000.00 maximum and the second is that they are asking the Board to apply specific stipulations to some of the agencies. She stated that, in the case of Sunrise ARC of Lake County, they are recommending that it be stipulated that the twelve placements that are set forth in the proposal be new persons only - that no previously served persons are to be counted in the twelve placements.

It was noted that the County's funding was $40,000.00 last year, as well as $40,000.00 the previous year, for the Human Services Grant in Aid Program.

Commr. Hanson stated that she felt all of the agencies listed were very much needed in the County and that they all need the County's funding, however, was concerned that the funding for CITE, Inc. was cut. She stated that she feels they are doing an outstanding job in Lake County and would like to see the Board continue to fund them at the $10,000.00 level.

Ms. Thomas noted, for the record, that last year CITE, Inc. received $10,000.00 and the year before they received $9,000.00.

A motion was made by Commr. Swartz and seconded by Commr. Gerber to approve a request from Community Services for approval of funding for eight Human Services Grant in

Aid proposals, in the total amount of $40,000.00, and authorization of Agreements, with the Committee recommending allocation of the funding, as follows:

Big Brothers Big Sisters $5,000.00

CITE, Inc. 5,000.00

Cottage Education Corporation 5,000.00

Deaf Service Center of Lake County, Inc. 5,000.00

Haven of Lake & Sumter Counties, Inc. 5,000.00

Lake Community Action Agency, Inc. 5,000.00

Sunrise ARC of Lake County, Inc. 5,000.00

Triad 5,000.00

Under discussion, Commr. Hanson stated that she would support the motion, but would hope that the Board would look at, midyear, some additional funding for CITE, Inc., based on what they have been able to receive in other funding.

Ms. Thomas questioned whether the motion included adding the stipulations she alluded to, or whether they were to be covered separately.

Commr. Swartz stated that the motion included the recommendation of the Committee, which would include those stipulations.

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

Commr. Cadwell was not present at this meeting.

CONTRACTS, LEASES AND AGREEMENTS/EMERGENCY MANAGEMENT

Mr. Alvin Jackson, Deputy County Manager, informed the Board that the Chairman had suggested, at the last Board Meeting, that some changes be made to the Emergency Services Ambulance Request for Proposal, before sending it out.

Mr. Tad Stone, Senior Director, Emergency Services, addressed the Board and explained this request, stating that approximately two weeks ago staff circulated a draft proposal for Request for Proposals (RFPs) for the County's ambulance service. He stated that it basically mimics the existing system, as far as number of units, locations, dispatching, and some contract language. He stated that, through the process of review, staff identified a couple of additional areas that they would like to include in the RFP, to open it up a little. He stated that Addendum A, which covers Section 8 of the RFP, would not nail down the staffing and ambulance requirements, as they are presently in the RFP. He stated that they would like to open that up and allow the provider to take a look at the statistical data that is available and maybe a just number of units that they do have on duty at any given time and allow them more flexibility to operate the system.

Mr. Sandy Minkoff, County Attorney, interjected that he felt the intent was to have them provide the County with a proposal the way that it is written now and to also allow them to provide the County with another proposal, where they would not be subject to the numbers, but could propose something different, so that the County could have two options to look at, from anybody who responded.

Mr. Stone stated that, at the end of the addendum, the provider shall give the County a cost differential between the original and the proposed, and a cost differential and total cost for the addendum. He stated that the second issue that came up was Addendum B, which covered Section 9, which is the Fixed Asset inventory of the County. He stated that the County owns a number of the units that are on the street at the present time and a lot of the equipment, which is on the Fixed Asset inventory. He stated that the question is whether the County wants to sell it off, or maintain it and have it in the ready.

It was noted that, at the present time, it costs the County nothing to maintain it.

Mr. Minkoff stated that the County would want to bid it the way that it currently is, where the County would buy it and the provider would maintain it, or, alternatively, where the provider would both buy it and maintain it. He stated that there are insurance risks involved with the County owning it, that staff would like to explore, plus there may be benefits to a provider, tax wise, so this would allow the County the opportunity to look at it both ways.

Mr. Stone stated that another outstanding issue was over dispatch services, noting that the current provider supplies dispatch service for fire/rescue. He stated that the final addendum is to break that out and for the County to assume its responsibilities and for the provider to assume theirs. He stated that, hopefully, the County could co-locate in the same building.

Commr. Pool stated that he felt it would give the County a clearer picture of what the costs are and what the savings may be, therefore, thought it was a good idea to break it out.

Commr. Swartz stated that he felt the proposed changes were good ones.

Mr. Stone noted that there would be one final review at the staff level and then the RFP would be released, within the next week or so.

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT

SUITS AGAINST THE COUNTY

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the Board had before them a settlement agreement for some property in an industrial area, just outside Tavares. She stated that the property in question had a dated ordinance that limited its use to just a church. She stated that staff looked at some of the comprehensive plan issues and had difficulties getting the applicant a zoning clearance for the use they requested, so they did a Special Master, which lists specific uses for the property, to include a church, offices, consumer repair, wholesale warehouse, and self storage. She stated that it also requires that, when sewer is available, the applicant must hook up to it.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from Growth Management for approval of a Settlement Agreement between the Southeastern District of the Christian and Missionary Alliance vs. Lake County.

Commr. Cadwell was not present at this meeting.

GROWTH MANAGEMENT/ZONING

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the Board had before them a reclaimed mining site for the Logan Sand Mine. She stated that staff would like to revoke the mining site plan, because the mine was closed in 1998. She noted that staff was cleaning out some of their files.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Growth Management for approval of the revocation of Mining Site Plan No. 91-1-1, Logan Sand Mine.

Commr. Cadwell was not present at this meeting.

PUBLIC WORKS/ROADS-COUNTY AND STATE

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board, stating that he was before them this date to discuss evaluation procedures and time frames for ranking unimproved roads and a proposal for accepting additional clay roads into the County Road Maintenance System. He stated that staff was asked at the Board Retreat that was held several months ago to come back to the Board with the proposal contained in the Board's backup material. He stated that the roads in question had not been looked at in a formal way since 1981 and, in 20 years, a lot of things change, so staff wanted to reassess all the roads that are in the process. He stated that it is felt, between January and March of 2000, a majority of those roads should be completed and staff can get into more of the office assessment of it. He stated that, by October of 2000, it could be presented to the Board, for them to see exactly how the roads that come to their attention relate to the ones that they do not hear about and identify them and bring the list into an accurate 1999/2000 20 year update.

Commr. Hanson stated that she felt the evaluation procedures and time frames were all well and good, but felt that it was too long a time frame. She stated that the Board, at the present time, has not approved to allow those roads to be brought into the system, therefore, questioned if someone has a road that is not county maintained, but has a lot of traffic, whether they would have to wait until October of 2000 to get their road clayed and brought into the county maintenance system.

Mr. Stivender stated that there was no funding or program in place, at the present time, to address the roads. He stated that, when the Public Works Department brought their budget forward, they budgeted just enough money for the special assessment that was in place. He stated that they did not budget any money for future projects, because of lack of funds.

Commr. Hanson stated that the Board's recommendation was for a shared cost between the County and the homeowners. She stated that the roads have to be clayed, before they can be paved, so there could be a step process, with the first step being to clay it, for which a special assessment could be done, and, if the homeowners later want to have the road paved, the County could do another special assessment. She stated that it could very much be a part of the system that the County currently has in place. She stated that she was not suggesting that the County clay the road, without a shared cost between the County and the homeowners.

Mr. Stivender stated that it was his understanding that the County was to identify the roads and get participation from the property owners at a 75% or higher rating, so that they would support it, but that there would be no cost for claying the roads.

Commr. Hanson stated that she had told Mr. Stivender, as well as others, that it would be a shared cost to clay the roads. She stated that there may not be funding in the budget, at the present time, to clay the roads, however, felt that, if the process was in place, whereby the property owners could apply and start getting community support, it could be in place for next year's budget.

Commr. Swartz stated that next year's budget is no more healthy than this year's budget.

Commr. Hanson stated that the County cannot ignore those roads.

Commr. Swartz stated that, while he was concerned about the unimproved roads in the County that are impassable, he felt the County was letting its existing roads degrade. He stated that last year the County spent no money on resurfacing and this year there is money in the budget for resurfacing. He stated that the County has been living off reserve funds over the years, noting that there was a large amount of Transportation Trust Fund dollars, but the County has been spending more than it has been taking in, so that money is finally gone. He stated that that money is finally gone and the County is spending $300,000.00 on resurfacing, when it probably should be spending $1.5 to $2 million. He stated that, when there is a source of funding identified for the new program, he would consider approving it.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried, by a 3-1 vote, the Board approved a request from Public Works for approval of evaluation procedures and time frames for ranking unimproved roads, and a proposal for accepting additional clay roads into the County Road Maintenance System.

Commr. Swartz voted "No".

Commr. Cadwell was not present at this meeting.

Commr. Pool informed the Board that, as he has traveled around the County addressing various organizations, he has asked his audiences how many of them would support a gas tax, if it was used to improve the roads in the County, and the majority of the people indicated they would support such a tax. He stated that he could not say whether those sentiments were countywide, therefore, suggested that, as the other commissioners travel the County, they do the same thing, as well, to get a feel of what their constituents would or would not support.

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC WORKS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it pertained to consulting services with Post, Buckley, Schul & Jernigan. He stated that the County has been working on this process for some time, noting that staff put together a Request for Proposal and selected Post, Buckley, Schul & Jernigan to do it; however, it stopped at the County line. He stated that the County incorporated an area in Lake County from 192 to SR 50 and $114,000.00 will be used in impact fees out of that benefit district, to identify what roads and what road networks will work between the two counties. He stated that Orange County has been very cooperative and the process has worked very smoothly. He stated that the County obtained a good price from Post, Buckley, Schul & Jernigan on a service that they will provide to this County and the request before the Board is the final product of that agreement.

Commr. Pool thanked Mr. Stivender for his efforts, noting that he felt this was a very important study for the County to have in its possession and he looked forward to it.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval and execution of a Joint Participation Agreement between the Orange County Board of County Commissioners and the Lake County Board of County Commissioners for Consulting Engineering Services for the Transportation Alternative Study between the two counties.

Commr. Cadwell was not present at this meeting.

PUBLIC WORKS/ROADS-COUNTY AND STATE (CONT'D.)

Commr. Hanson brought up the issue of evaluation procedures and time frames for ranking unimproved roads and a proposal for accepting additional clay roads into the County Road Maintenance System for further discussion, noting that, in countering what Commr. Swartz had stated about not having funding for the roads, she stated that the County did not have funding for the libraries that he had just voted for in the budget, nor did they have funding for next year for the libraries, other than Contingency, which she felt could be used for some of the roads. She stated that for him to state that he was not going to vote in favor of the evaluation procedures and time frames for ranking unimproved roads and the proposal for accepting additional clay roads into the County Road Maintenance System, because there was not a plan for payment, did not hold water, as far as she was concerned, because the funding was not there for the libraries and he voted for it.

Commr. Swartz stated that he would be willing to fund a dedicated funding source for libraries and that he had stated that the County needed to go forward, understanding that that was what was going to be required.

RESOLUTIONS/RIGHTS-OF-WAY, ROADS AND EASEMENTS/ROAD PROJECTS

Mr. Sandy Minkoff, County Attorney, informed the Board that the request before them was for approval of a Resolution authorizing the County to begin eminent domain proceedings for rights-of-way on three parcels for the South Lake Trail Paving Project.

Mr. Jim Stivender, Jr., Senior Director, Public Works, informed the Board that the County's survey crews put in a lot of overtime over the weekend, to get the survey done, because they knew it was a very important matter.

Commr. Pool thanked Mr. Stivender and his staff for all their hard work in getting this feat accomplished, noting that it was an almost impossible feat. He noted that Representative Randy Johnson helped a great deal, as well, with regard to the CSX Railroad. He stated that he felt the County was moving forward and that the end result was going to be a true asset to Lake and Orange counties.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval and execution of a Resolution to initiate eminent domain proceedings (friendly condemnation) for rights-of-way on three parcels in Sections 17, 23, 24, 25 and 26, Township 22S, Range 26E, Lake County, Florida, for the South Lake Trail Paving Project - Abandoned CSX Railroad Parcels.

Commr. Cadwell was not present at this meeting.

ACCOUNTS ALLOWED/PUBLIC WORKS/ROADS-COUNTY AND STATE ROAD PROJECTS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was the final parcels of property dealing with the Robbins Road Paving Project. He stated that an approval of payment, in the amount of $3,000.00, per parcel, would take care of clearing title and the County could then proceed with the road project.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval of payment, in the amount of $3,000.00, per parcel, to Silvernell and Ruggie/Castle (total $6,000.00), and avoid eminent domain proceedings for the Robbins Road Paving Project, in Sections 4 and 19, Township 21S, Range 26E, Lake County, Florida.

Commr. Cadwell was not present at this meeting.

GROWTH MANAGEMENT/PUBLIC WORKS/SUBDIVISIONS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was approval to advertise an amendment to the Lake County Land Development Regulations, where staff is cleaning up some aspects of GIS and taking care of a lot of issues that will help the County do a better job of providing the service.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval to advertise an amendment to the Lake County Land Development Regulations, Chapter II, Definitions, and Chapter 14, regarding subdivision submittal requirements, including definitions of technical terms and an amendment for utility and drainage requirements.

Commr. Cadwell was not present at this meeting.

ADDENDUM NO. 1

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

GROWTH MANAGEMENT/ORDINANCES/WATER RESOURCES

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that staff was requesting permission to advertise an ordinance relating to the codification of water quality requirements and shoreline protection, which she noted would be countywide. She stated that they were also requesting permission to contact the cities to advise them that the County is moving forward with a countywide ordinance. She stated that the ordinance basically consolidates and updates the water quality and the wastewater standards into the Lake County Code, which is currently in the Land Development Regulations (LDRs). She stated that it gives staff a chance to inspect and protect the water resources countywide. She referred to Page 29 of the Ordinance, which she noted has been the subject of much media attention lately, noting that it was shoreline protection language, which staff had been working on. She stated that it was considered an important part of water resource quality and management and should be protected.

Commr. Swartz stated that he supported the Board approving said amendment and felt it was important for the County to move forward with it.

Commr. Pool stated that he felt this was important legislation, because he felt House Bill 57 had abandoned any waterfront and shoreline protection.

A motion was made by Commr. Pool and seconded by Commr. Gerber to approve a request from Growth Management for permission to advertise an ordinance relating to the codification of water quality requirements and shoreline protection.

Commr. Swartz amended the motion, to add language that would not allow lots to go down through wetland areas to water bodies.

Commr. Gerber seconded the amendment.

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

The Vice Chairman then called for a vote on the original motion, as amended, which was carried unanimously, by a 4-0 vote.

Commr. Cadwell was not present at this meeting.

Ms. Nancy Fullerton, President, Save Our Lakes Committee, addressed the Board stating that the Save Our Lakes Committee would like to thank the County staff for their prompt response in writing an ordinance that will give the County the authority to protect its shoreline marshes and wetlands. She stated that the committee has been completely focused and involved in the dredging issue that has been going on. She stated that they would like to thank Commr. Pool for his initiative in working for this ordinance, from the day it appeared in the newspaper, on September 7, 1999, as well. She requested the Board, as they study the ordinance, to make decisions that would ensure that it remains a very restrictive law. She discussed some dredging that has occurred over the past few months in the County and questioned whether the ordinance was strong enough to adequately protect outstanding Florida waters and whether it adequately protects lakes and wetlands in the Green Swamp Area of Critical State Concern. She referred to House Bill 57 that Commr. Pool alluded to, noting that the Board needed to realize that it would only be Lake County that, for sure, can protect its waters and shores from questionable state law that is on the books. She stated that more laws would be coming up this year.

Ms. Fullerton stated that the ordinance was too late to prevent the Crescent Lake and Minneola Lake dredging that has occurred and was too late to stop the back hoeing that has gone on at Lake Nellie. She questioned when the ordinance would become effective and was informed that the earliest date would be the end of November, 1999. She displayed a number of pictures that she had taken showing dredging and back hoeing that had been taking place, or was currently taking place, at various lakes in the County. She then read into the record a letter from Mr. Joseph B. Claveloux, regarding the issue of dredging and the damage that it does to the environment.

Commr. Swartz requested Ms. Fullerton to send the Board any language that the Save Our Lakes Committee feels needs to be in the ordinance, so that, even if the Board enacted what was before them, they could amend the ordinance with additional language. He questioned whether staff had received a copy of the ordinance from the St. Johns River Water Management District and was informed that they had; however, it was noted that the County's ordinance was more restrictive.

Commr. Swartz questioned whether the County passing an emergency ordinance would be the only way to put something in place sooner than the ordinance before them.

Mr. Sandy Minkoff, County Attorney, stated that there is currently a requirement within the Green Swamp Area of Critical State Concern that one obtain a permit before doing any dredging or back hoeing. He noted that there are currently some violation cases pending and, in addition to that, felt staff was going to issue some permits, to try to use the rules contained within the ordinance, during the interim.

Commr. Hanson suggested that Ms. Fullerton meet with the County Attorney, Mr. Minkoff, and staff to see what can be worked out. She stated that there may be some areas that they could help her with that she might not have thought of.

Commr. Swartz stated that he feared, as soon as it becomes known that the ordinance has been advertised, there might be a rush to do some dredging and/or back hoeing. He stated that, even though there are aspects of the ordinance that are clearly land development regulations, he felt there were some aspects that were clearly water quality issues. He questioned whether the County could put into place an emergency ordinance that would deal with the water quality issues.

Mr. Minkoff stated that the County could, if it was not a land development regulation, noting that it could be done by an emergency ordinance, with a four-fifths vote, to deal with the issue of water quality. He stated that it would probably be best, however, to let staff start the advertising and see if a problem develops, noting that, if it does, staff can bring something back to the Board, rather than trying to take portions of the ordinance and do it on an emergency basis.

REPORTS

COUNTY ATTORNEY

COUNTY PROPERTY

Mr. Sandy Minkoff, County Attorney, informed the Board that an adjacent property owner to the property on Sampey Road was interested in purchasing said property from the County, therefore, staff checked with Public Works and discovered that it was an old pit that was declared surplus in 1983, when the County tried to sell a bunch of parcels and the parcel in question was one that no one bid on. He stated that staff was requesting authorization to obtain an appraisal of the property, to determine what it is worth and what method the County could use to sell it. He stated that Public Works looked at the property again and still believes it is surplus property.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval that property on Sampey Road be declared as surplus and that an appraisal be performed, to determine fair market value.

Commr. Cadwell was not present at this meeting.

REPORTS

COUNTY ATTORNEY

FACILITIES AND CAPITAL IMPROVEMENTS/PUBLIC WORKS/RESOLUTIONS

SOLID WASTE

Mr. Sandy Minkoff, County Attorney, informed the Board that this request was an amendment to the fee schedules that were adopted in September of this year, noting that there were three changes to said schedules - one for Solid Waste, that was done as a result of the new fees at the landfill; a typographical error in the Department of Facilities and Capital. Improvements/Fairgrounds Division; and a change in the schedule for Public Works.

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that staff was asked in early Summer to evaluate all their fees, therefore, they hired DMG Maximus to do an analysis of the fees and found that there were revenues that were not being collected through development of subdivisions, stormwater, concurrency issues, etc. He stated that the County could generate approximately $170,000.00 by correcting the fee schedule.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of Resolution No. 1999-184, amending the fee schedules for the Departments of Public Works, Solid Waste, and Facilities and Capital Improvements/Fairgrounds Division.

Commr. Cadwell was not present at this meeting.

Mr. Minkoff informed the Board that the Solid Waste and Facilities and Capital Improvements amended fees would take effect immediately (October 19, 1999); however, the amended fees for Public Works would not take effect until January 1, 2000.

REPORTS

COUNTY ATTORNEY

COMMISSIONERS/MEETINGS/VALUE ADJUSTMENT BOARD

Mr. Sandy Minkoff, County Attorney, informed those members of the Board who had served on the Value Adjustment Board this year that a final meeting had been scheduled for Tuesday, October 26, 1999, at 8:45 a.m., for the purpose of approving the Minutes and certifying the tax roll.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

MISCELLANEOUS

Commr. Gerber informed the Board of the following For Your Information Item: Pineapple Festival to be held this weekend at the Horticultural Learning Center, with the ability to win a four day, three night trip to the Bahamas, with the purchase of a $10.00 ticket.

REPORTS

COMMISSIONER POOL - DISTRICT 2

GROWTH MANAGEMENT/WATER RESOURCES

Commr. Pool informed the Board of the following For Your Information Item: Governor Jeb Bush unveiled a new wastewater/stormwater funding proposal on October 6, 1999, for counties within the State of Florida, with applicants being grouped into two categories: Surface Water and Restoration of Wastewater/Stormwater. He stated that he wanted to make sure county staff was aware of it and felt that they should be looking into the opportunity to partnership with the State, on some of the stormwater funding opportunities.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MUNICIPALITIES/ROADS-COUNTY AND STATE

Commr. Pool informed the Board of the following For Your Information Item: The City of Clermont is asking the Board of County Commissioners to request a traffic signal to be installed at the intersection of Citrus Tower Boulevard and Hwy. 50, due to a concern about the growth and activities that will be going on at said intersection, with a new hospital and shopping center being constructed in the area.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MUNICIPALITIES/SOLID WASTE

Commr. Pool brought up for discussion the issue of a letter that the Board had received from Mr. Tom Wyatt, Attorney for the Town of Astatula, stating that they wished to pull out of the Solid Waste Collections Contract with the County.

It was noted that Mr. Don Post, Senior Director, Solid Waste Management Services, would be addressing the issue at a later date, with regard to what impact it will have on the County.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

MEETINGS/GROWTH MANAGEMENT/WATER AUTHORITY

Commr. Hanson informed the Board that Commr. Cadwell had a request from the Lake County Water Authority that the Board of County Commissioners support and participate in the Stormwater Summit scheduled for Friday, November 19, 1999, at the Leesburg Community Building, from 9:00 a.m. until 12:00 noon.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 4-0 vote, the Board approved a request from the Lake County Water Authority that they support and participate in the Stormwater Summit scheduled for Friday, November 19, 1999, at the Leesburg Community Building, from 9:00 a.m. until 12:00 noon.

Commr. Cadwell was not present at this meeting.



REPORTS

COMMISSIONER HANSON - DISTRICT 4

EMERGENCY SERVICES

Commr. Hanson informed the Board of the following For Your Information Item: Pine Lakes Fire Station was closed during Hurricane Floyd and the residents of the area are very concerned about said closing, due to the fact that the area is so isolated. She stated that the issue of closing some of the outlying fire stations needs to be addressed, before it occurs again in the future.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

MOSQUITO AND AQUATIC PLANT CONTROL/MUNICIPALITIES

Commr. Hanson informed the Board of the following For Your Information Item: Problems continue to occur, with regard to aquatic plants, particularly in the Astor area; therefore, the Board needs to have a permanent funding source to deal with aquatic plants.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:25 a.m.

__________________________________ WELTON G. CADWELL, CHAIRMAN





ATTEST:









_________________________________

JAMES C. WATKINS, CLERK



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