A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 7, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, March 7, 2000, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; and Robert A. Pool. Commr. Gerber was on vacation and not present at this meeting. Others present were: Sue Whittle, County Manager; Sanford A. (Sandy) Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that there was an advertised Addendum No. 1 to the Agenda. She requested that Tab 34, under County Manager's Departmental Business, a request from Public Works for approval to accept the awarded $20,000.00 grant from the St. Johns River Water Management District for the Inventory for the Lake Apopka Drainage Master Plan be withdrawn, to be rescheduled at a later date.

Mr. Sandy Minkoff, County Attorney, informed the Board that the City Attorneys requested that the County postpone action regarding Tab 30, a Public Hearing for the Ordinance amending Article XI of Chapter 13, Lake County Code, entitled Merchandising of Tobacco Products, to allow them the opportunity to consider the ordinance. He requested that said Tab be withdrawn, at this time, noting that it will be readvertised, if necessary.

Commr. Cadwell informed the Board that, under his Commissioner's Business, he would be bringing the matter of a request for information from Mr. Ed Havill, Lake County Property Appraiser, to Ms. Sue Whittle, County Manager, regarding the County's medical insurance plan for its employees to the Board, for action. He stated that Ms. Whittle answered the first request from Mr. Havill, regarding the matter, however, has received another request, which he felt the Board should respond to. He stated that it would require a vote, therefore, requested to place said item on the Agenda.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.

Commr. Gerber was not present at this meeting.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the Minutes of February 1, 2000 (Regular Meeting), as presented.

Commr. Gerber was not present at this meeting.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of February 8, 2000 (Regular Meeting), as presented.

Commr. Gerber was not present at this meeting.

CLERK OF COURTS' CONSENT AGENDA

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

Bonds - Contractor



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



NEW



1378-2000 Derrel Baugh (Electrical)

1763-2000 Elex R. Scroggins d/b/a Wallace Electric, Inc.

3049-2000 Charles Wingo d/b/a Charles Wingo Signs

4466-2000 Alan Jackson Plumbing, Inc.

4684-2000 Charles K. Pepper (Heating, Ventilation and Air Conditioning)

4894-2000 Bentley Pinder d/b/a Pinder Construction

5488-2000 Donald T. Smith (Aluminum Specialty Contractor)

5757-2000 Robert J. Boyden d/b/a All States Lighting, Inc. (Electrical Contractor)

5758-2000 Thomas Collard d/b/a Preferred Electric, Inc.

5759-2000 Darrell Driggers d/b/a D. T. Driggers Roofing, Inc.

5760-2000 Charles McKay d/b/a CCM Services

5762-2000 James T. Miller d/b/a Miller Plastering & Stucco, Inc.

REINSTATEMENT



5718-99 United Refrigeration, Inc.



Accounts Allowed/Courts-Judges



Request for approval of the following Satisfactions of Judgment and authorized proper signatures on same:



State of Florida vs. Henry F. Michel, in the amount of $750.00, Case No. 99-550CFA.



State of Florida vs. Richard Allen Lee, in the amount of $250.00, Case No. 99-1718CFA.



Accounts Allowed/Courts-Judges



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



Reduction of Order of Fine for Vera D. Saba, in the amount of zero dollars ($0.00), dated January 20, 2000, and recorded in Official Records Book 1878, Pages 1715 and 1716, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 21st day of January, 2000. The Judgment-Creditor directs that said Judgment be canceled of record.



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending January 31, 2000, in the amount of $167,451.27. Same period, last year: $128,502.63.



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.



Contracts, Leases and Agreements/Municipalities



Request to acknowledge receipt of Intergovernmental Cooperative Agreement (Contract and By-Laws for Public Risk Management of Florida), as amended and restated through August 13, 1999, for the City of Lady Lake, City of Tavares, and City of Eustis, in compliance with Florida Statutes, Section 163.01, The Florida Interlocal Cooperation Act of 1969.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 2000-002, from the City of Fruitland Park; providing for the annexation of property generally located on the east side of U.S. Hwy. 441 between Shadow Hill Drive and Grays Airport Road, and generally known as the Taylor property; providing for C-2 (General Commercial) zoning of the property; providing for a Commercial comprehensive plan land use designation for the property; providing for an effective date. Passed and Ordained the 27th day of January, 2000, by the City Commission of the City of Fruitland Park, Florida.



Reports



Request to acknowledge receipt of 1999 Annual Report from The Central Florida Safety

Council.



Audits



Request to acknowledge receipt of Central Florida Sports Commission's Annual Audit for Years Ended December 31, 1998 and December 31, 1997.



Education/Reports/State Agencies



Request to acknowledge receipt of Report No. 13561, from the State of Florida, Auditor General - Report on an Audit of the Financial Statements of the District Board of Trustees, Lake-Sumter Community College, for the Fiscal Year Ended June 30, 1999.



Audits/Reports/Water Authority

Request to acknowledge receipt of Annual Financial Audit and Annual Financial Report for Fiscal Year 1998/99 for the Oklawaha Basin Recreation and Water Conservation and Control Authority.



Florida Public Service Commission/Utilities



Request to acknowledge receipt of Notice Before the Florida Public Service Commission - Notice of Rescheduled Need Determination Hearing and Prehearing Conference on Proposed Electrical Power Plant to Okeechobee Generating Company, L.L.C., Florida Power & Light Company, Florida Power Corporation, Tampa Electric Company, Department of Community Affairs, Department of Environmental Regulation, Legal Environmental Assistance Foundation and All Other Interested Persons: Docket No. 991462-EU; In Re: Petition for Determination of Need for an Electrical Power Plant in Okeechobee County by Okeechobee Generating Company, L.L.C. Notice is hereby given that the prehearing conference has been rescheduled for March 3, 2000, at 2:30 p.m., Room 152; and the public hearing has been rescheduled for March 20, 2000, at 9:30 a.m., Room 148, The Betty Easley Conference Center, Tallahassee, Florida.



Utilities



Request to acknowledge receipt of Legal Notice - Notice is hereby given on February 4, 2000, pursuant to Section 367.071, Florida Statutes, of the application for a transfer of majority organizational control of Raintree Utilities, Inc., from Don Monn to Shamrock Homes, Inc., providing service to the following described territory in Lake County, Florida: W of NW 1/4 of NW 1/4 and the N 1184' of the E-3/4 of the NW 1/4 of Section 33, Township 18, Range 26.



Any objection to the said application must be made in writing and filed with the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0850, within thirty (30) days from the date of this notice. A copy of said objection should be mailed to Raintree Utilities, Inc., Attn: Fred Brown, 2100 Lake Eustis Drive, Tavares, Florida, 32778. The objection must state the grounds for the objection with particularity.



Utilities



Request to acknowledge receipt of Legal Notice - Notice is hereby given, pursuant to Section 367.071, Florida Statutes, of the application for transfer of all water facilities of Tangerine Water Company to Florida Water Services Corporation (Florida Water). The water facilities to be transferred provide service to the territory described in "Attachment A" to this notice.



Any objection to the application must be made in writing within thirty (30) days from the date of this notice to the Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0850. A copy of said objection should be mailed to Florida Water Services Corporation, Attn: Matthew J. Feil, Esquire, P. O. Box 609520,Orlando, Florida, 32860-9520.



Commr. Gerber was not present at this meeting.



COUNTY MANAGER'S CONSENT AGENDA



Ms. Sue Whittle, County Manager, informed the Board that she would like to pull Tab 18, a request from Fiscal and Administrative Services - Geographic Information Systems for approval to adopt an Agreement with the Lake County Property Appraiser to facilitate the creation of a countywide Geographic Information System for the citizens of Lake County, to be rescheduled at a later date, and noted that the Board had in their backup material some revised language, with regard to Tab 27.

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

Communications Systems



Request from Communications Systems for approval of the recognition of the merger of America Online, Inc. (AOL) and Time Warner, Inc.



Communications Systems/Ordinances



Request from Communications Systems for consideration to purchase all of Comcast's assets in Lake County, pursuant to the Lake County Cable Communications Ordinance [Section 6.5-22; Paragraph (g)].



Communications Systems/E9-1-1/Resolutions



Request from Communications Systems for approval of Resolution No. 2000-25, setting the annual E9-1-1 fee for wireline customers, pursuant to requirements of Florida Statute 365.171.



Accounts Allowed/Community Services/Grants



Request from Community Services for approval to apply for an annual grant to receive $24,400.00 from the Federal Emergency Management Agency, for the Emergency Food and Shelter Program.



Community Services/Libraries



Request from Community Services for approval to hold the Lake County Library System Information Fair at the Lake Square Mall, on Saturday, April 8, 2000; and approval for the County Manager to sign the permit application.



Accounts Allowed/Community Services/Grants/Libraries



Request from Community Services for approval to submit a grant proposal application for the Library Services and Technology Act, for the purpose of a Mobile Training Lab, in the amount of $74,030.00.



Community Services/Grants/Libraries/Municipalities



Request from Community Services for approval to submit a grant proposal application for the Library Services and Technology Act, to add a Library Catalog to the Computers at the City of Howey-in-the-Hills Library; and approval and signature of Certification regarding Debarment.



Accounts Allowed/Community Services/Grants/Libraries



Request from Community Services for approval to submit an American Library Association grant proposal, for cultural programming for adults, in the amount of $2,224.00.



Community Services/Courts-Judges/Resolutions



Request from Community Services for approval of Proclamation No. 2000-26, proclaiming March 19-25, 2000 as Juvenile Justice Week.



Accounts Allowed/Contracts, Leases and Agreements/Emergency Services/Municipalities



Request from Emergency Services for approval of Interlocal Agreement between Lake County and the City of Mascotte, to provide Fire/Rescue Services within the City limits, by the City, as well as in specific county areas, for compensation, in the amount of $23,000.00.



Emergency Services/Municipalities



Request from Emergency Services for approval to share the costs for maintenance and operation expenses and co-locate a Quick Response Vehicle (QRV) and crew at the Okahumpka Fire Station (Station 83), with Florida Regional Emergency Medical Services (FREMS).



Accounts Allowed/Contracts, Leases and Agreements/Grants

Facilities and Capital Improvements/Outdoor Recreation



Request from Facilities and Capital Improvements for approval for Chairman to execute an Interlocal Agreement between Lake County and the South Lake YMCA, recipients of the Parks and Recreation Capital Improvement Grant for FY 99/00, in the amount of $10,000.00.



Accounts Allowed/County Property/Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of preventive maintenance repairs to the Judicial Center, in the amount of $63,663.00.



Accounts Allowed/Facilities and Capital Improvements/Grants



Request from Facilities and Capital Improvements for approval for Lake County to submit a Land and Water Conservation Grant application, for potential funding, to purchase additional park land for Pine Forest Park, for an approximate amount of $25,000.00 to $75,000.00.



Accounts Allowed/Budgets/Budget Transfers/Economic Development/Solid Waste

Facilities and Capital Improvements/Fiscal and Administrative Services



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



Budget transfer from Contingency, in the amount of $5,037.00, and Economic Development - Contractual, in the amount of $1,217.00, for a total of $6,254.00 to General Fund - Economic Development, Regular Salaries, in the amount of $5,033.00; Social Security Matching, in the amount of $386.00; Retirement Contributions, in the amount of $829.00; and Workers' Compensation, in the amount of $6.00. This transfer is needed to cover expenses associated with the hiring of the new Economic Development Director. Payout of accrued vacation and sick time for the prior Economic Development Director amounts to $5,037.00. The salary increase for the new Economic Development Director, for the remainder of the fiscal year, amounts to $1,217.00. Total transfer is in the amount of $6,254.00.



Budget transfer from Facilities and Capital Improvements - Construction Reserve, in the amount of $63,663.00, to General Fund - Facilities and Capital Improvements, Repair and Maintenance. This transfer is needed for replacement repairs to the Judicial Center, which include carpeting for the third floor, atrium bench refinishing and recovering, and wood veneer patching and replacement.



Budget transfer from Contingency, in the amount of $205,000.00, to Landfill Enterprise Fund - Solid Waste Management Services, Machinery and Equipment. This transfer is needed to repair dozier, replace cleat on 826c compactor, assess/repair dragline, purchase two new lined stainless tanker trailers, purchase new loader with buyback of 644G loader, assess and repair grinder, purchase new loader for IMPACT Center, purchase additional forklift for IMPACT Center, and purchase six additional roll-off containers to meet program needs. Contingency funds used this year will be replaced in FY 2000-01 with money budgeted to repair dozier and purchase of compact trailers.



Budget transfer from Improvements Other Than Buildings, in the amount of $84,000.00, to Landfill Enterprise Fund - Solid Waste Management Services, Machinery and Equipment. This transfer is needed to repair dozier, replace cleats on 826c compactor, assess/repair dragline, purchase two new lined stainless tanker trailers, purchase new loader with buyback of 644G loader, assess and repair grinder, purchase new loader for IMPACT Center, and purchase six additional roll-off containers to meet program needs. Budgeted relocation of compactor from Loghouse to Astatula determined not feasible.



Budget transfer from Machinery and Equipment, in the amount of $55,000.00 to Landfill Enterprise Fund - Solid Waste Management Services, Machinery and Equipment. This transfer is needed to repair dozier, replace cleats on 826c compactor, assess/repair dragline, purchase two new lined stainless tanker trailers, purchase new loader with buyback of 644G loader, assess and repair grinder, purchase new loader for IMPACT Center, purchase additional forklift for IMPACT Center, and purchase six additional roll-off containers to meet program needs. Budgeted live floor trailer no longer needed with new compactors.



Budget transfer from Improvements Other Than Buildings, in the amount of $40,000.00, to Landfill Enterprise Fund - Solid Waste Management Services, Machinery and Equipment. This transfer is needed to repair cleats on 826c compactor, assess/repair dragline, purchase two

new lined stainless tanker trailers, purchase new loader with buyback of 644G loader, assess and repair grinder, purchase new loader for IMPACT Center, purchase additional forklift for IMPACT Center, and purchase six additional roll-off containers to meet program needs. Budgeted infrastructure installation for stationary compactor is no longer needed.



Budget transfer from Buildings, in the amount of $20,752.00, to Sales Tax Capital Project Fund - Facilities and Capital Improvements, Buildings. This transfer is for the relocation of Environmental Health to the first floor Administration Building and will require installing two walls, changing door locations, and installing a roll-up door, floor covering, and HVAC and lighting alterations. This is in addition to the $16,000.00 budgeted for systems furniture.



Budget transfer from Buildings, in the amount of $27,975.00, to Sales Tax Capital Project Fund - Facilities and Capital Improvements, Buildings. This transfer is for the relocation of county offices into the Hunter Building, which requires the purchase of a telephone switch, peripheral equipment, and a one-time hookup into existing underground cabling. This is in addition to the $24,000.00 expense to renovate.



Contracts, Leases and Agreements/Fiscal and Administrative Services

Procurement Services



Request from Fiscal and Administrative Services - Procurement Services for approval and execution of the First Amendment to Contract Agreement for Growth Management On-Call Planning Consultant Services with Miller Sellen Conner & Walsh.





County Employees/Personnel



Request from Personnel for approval and execution of Certificates for employees with one and three years of service to the County.



Assessments/Public Works/Roads-County and State/Road Projects



Request from Public Works for approval and authorization for Chairman to execute Satisfaction of Liens for nine road assessments, as follows:



Assess. No. Name Date Paid



669028 Thomas W. Carter, Jr. 01/05/00

676002 Todd and Linda Hatch 01/04/00

689019 Charles B. Edge 01/07/00

689047 Louis and Rose Hodges 01/14/00

693003 Larry and Joyce Harper 01/19/00

693004 Karen and Herman Wayland, Jr. 01/21/00

693005 Deborah Walker 01/21/00

693009 George and Julie Sneed 01/28/00



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



Request from Public Works for authorization to execute Resolution No. 2000-27, correcting Resolution No. 2000-6, for Sunburst Estates, Phase II, accepting the following roads into the County Road Maintenance System: Windhill Court (2-0846C) and Lakewind Drive "Part"(2-0847D). Subdivision consists of 42 lots - Commission District 2.



Accounts Allowed/Contracts, Leases and Agreements/Public Works/Road Projects



Request from Public Works for authorization to execute Change Order No. 1, in the amount of $40,032.00, for water system changes relating to the Amendment to Agreement between Lake County and Jaymark Builders & Developers, Inc., with regard to the East Jacks Lake Road Extension and Northridge Boulevard Extension.



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



Request from Public Works for approval to accept the following:



Non-Exclusive Easement Deeds



Austin C. Wagner

C-42



Duane R. Caldwell

C-445A



Florida Hospital/Waterman, Inc.

Huffstetler Drive



Central Florida Young Men's Christian Association, Inc.

Merry Road (3-4455)



Sidewalk Easement



Cullen B. Peters, Jr.

C-42



Statutory Quitclaim Deeds



Sidney A. Hite, Jr.

Howey Cross Road (3-2441)



Betty F. Beard (Individually/Trustee)

Mary Katherine F. Peebles (Individually/Trustee)

Roberta F. Midkiff (Individually/Trustee)

BKB Land Trust

Keene Road (5-8165)



Betty F. Beard (Individually/Trustee)

Mary Katherine F. Peebles (Individually/Trustee)

Roberta F. Midkiff (Individually/Trustee)

BKB Land Trust

Keene Road (5-8165)



Statutory Warranty Deeds



John and Sherie Guttry

Blue Sink Road (2-2928)



A. H. Muller

County Line Road (5-8161)



Danny B. Brown

Robert G. Hague

Edwards Road (5-7009)



John D. and Cindy L. Levandoski

David A. Wilson

Benarr M. Levandoski

Edwards Road (5-7009)



Sue M. Mullen

Edwards Road (5-7009)



Verna T. Whitfield Crews (Individually/Trustee)

Edwards Road (5-7009)



Trustees Deed



Dorothy B. Crooker Steves Trust (By Trustee)

Edwards Road (5-7009)



Public Works/Subdivisions



Request from Public Works for authorization to accept the final plat for Oak Hill Estates Subdivision. Subdivision consists of 37 lots - Commission 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 Paradise Cove Subdivision; execute a Developer's Agreement between Lake County and Twenty First Century Homes, Inc., for Maintenance of Improvements; accept a Letter of Credit, in the amount of $11,400.00; and approve Resolution No. 2000-28, accepting Paradise Bay Court (2-0835C) into the County Road Maintenance System. Subdivision consists of 18 lots - Commission District 2.



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



Request from Public Works for authorization to accept the final plat for Eagleridge Phase III Subdivision; execute a Developer's Agreement between Lake County and PCD, Inc., for Construction of Improvements; and accept a Letter of Credit, for Performance, in the amount of $27,762,90. Subdivision consists of 60 lots - Commission District 2.



Accounts Allowed/Budget Transfers/Contracts, Leases and Agreements

Landfills/Municipalities/Reports/Solid Waste Management



Request from Solid Waste Management for authorization to transfer funds from Account No. 420.90099000.599.890999 (Contingency) to Account No. 420.45069120.534.8300340, in the amount of $38,510.00, to complete the Phase I Landfill Contamination Assessment Report (CAR); and from Account No. 421.90099000.599.8900999 (Contingency) to Account No. 421.45046510.537.8600340, in the amount of $8,000.00, to provide an additional groundwater monitoring well at the Lady Lake Landfill; and authorization to encumber funds and increase the Hartman & Associates, Inc. contract by $46,510.00, to accomplish the aforementioned work.





Contracts, Leases and Agreements/Landfills/Municipalities/Solid Waste Management



Request from Solid Waste Management for authorization for the Chairman to execute an Interlocal Agreement between Lake County and the City of Kissimmee, relating to leachate disposal, for the term of March 2000 through September 30, 2002; and authorization for the County Manager to renew annually thereafter, with mutual consent of the County Manager and the City Manager of Kissimmee.



Commr. Gerber was not present at this meeting.



INTRODUCTION

The Chairman introduced Mr. Tony DeLuca, Director of Finance, Pringle Development, noting that he was serving an internship with the Board from Leadership Lake County.

PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS

PERSONAL APPEARANCES

EMPLOYEE AWARDS

The Chairman presented Employee Awards, as follows:



Plaque to Employee with Fifteen Years of Service to the County



Dale King, Maintenance Technician II, Facilities and Capital Improvements/Facilities Management Energy (Not Present)



Plaque to Employee with Twenty Years of Service to the County



Teresa Dunham, Housing Coordinator, Community Services/Human Services/Housing



PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS



PERSONAL APPEARANCES



BOARD/COMMITTEE PRESENTATIONS



The Chairman presented Board/Committee Awards, as follows:



Lake County Bicycle Pedestrian Advisory Committee



R. Brek Dalrymple - for service from 1998-1999 (Not Present)



Tamatha Zimmanck - for service from 1998-1999 (Not Present)



Lake County County-Wide Solid Waste Study Committee



Ed Miles - for service from 1998-1999 (Not Present)



Lake County Cultural Affairs Council



William J. Binneveld - for service from 1998-1999 (Not Present)



Lake County Impact Fee Evaluation and Review Committee



P. Shannon Elswick - for service from 1998-2000





ADDENDUM NO. 1

REPORTS

COMMISSIONER HANSON - DISTRICT 4

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2000-29, expressing unequivocal support for continued appropriations for and delivery of all currently authorized postsecondary, adult vocational programs.

Commr. Gerber was not present at this meeting.

PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) BY ERNST & YOUNG

AUDITS/COUNTY FINANCE

Mr. Mike Murphy, Senior Manager, Ernst & Young, addressed the Board and presented the County's Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 1999. He distributed a Financial Analysis that Ernst & Young had prepared for the County and read into the record the opinion of Ernst & Young, with regard to the County's audit for this year, stating that, in their opinion, the general purpose financial statements which are referred to in the CAFR present fairly, in all material respects, the financial position of Lake County, Florida, at September 30, 1999, and the results of its operations and cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles.

Mr. Murphy reviewed portions of the CAFR with the Board, noting that the Total Revenues received during last fiscal year amounted to $57,236,611, a $4 million positive variance for the year. He stated that the County budgeted $63,416,243 for Expenditures, however, only expended $57,222,593, a $6 million positive variance. He stated that, overall, the County's General Fund ended up with a deficit of $250,164 for the year, but the Fund Balance at the end of the year amounted to $18,361,379. He stated that the audit went very well this year for both the Constitutional Officers and the County and felt that staff should be commended, noting that they have improved greatly over the years since Ernst & Young has been doing the audits.

Mr. Murphy reviewed, page by page, the Financial Analysis that Ernst & Young had prepared for the County, highlighting various items within the report, such as the Landfill Enterprise Fund, at which time he noted that the Landfill had an increase of approximately $3 million in net income. He reviewed a comparative analysis of Lake County to some of the surrounding counties, indicating how Lake County's numbers are reflected, as compared to Seminole, Marion, and Polk counties. He stated that, with regard to General Government Total Revenues and General Government Tax Revenues, Lake County is pretty much in line with most of the other counties. He stated that, with regard to the County-Wide Long-Term Debt Outstanding, Lake County is very low, compared to the other counties, which means that Lake County is not needing debt to fund a lot of its operations. He stated that that is a very positive thing, because it ultimately costs the taxpayers. He briefly discussed the Y2-K issue, noting that the Governmental Accounting Standards Board distributed a technical bulletin this year stating that, since the Y2-K problem turned out to not be a significant issue, governments did not need to include all the disclosures that were required in the prior year; therefore, in the current year's financial statements, all the year 2000 disclosures have been taken out. He stated that he felt the County did a good job identifying the work early and setting up teams to address the problem.

Mr. Murphy stated that the Governmental Accounting Standards Board has a new statement, Statement 34,which will become effective in FY 2002. He did not go into detail about said statement, due to the fact that staff has planned a retreat with the Board of County Commissioners to discuss it. He did state, however, that it is going to change the look of the current Financial Statements significantly. He stated that it is going to take a lot of work, on the part of staff, to get everything ready for it, however, noted that they are currently working in that direction.

Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, informed the Board that the Financial Statements take a lot of time to prepare each year and recognized those members of the Clerk's staff that worked on the CAFR this year, being: Ms. Kristy Mullane, Accounting Director; Mr. Kevin McDonald, Senior Budget Analyst; Ms. Tracy Zeller, Accountant; and Ms. Vicki Tubb, Finance Clerk.

PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

ST. JOHNS RIVER CELEBRATION

OUTDOOR RECREATION

Ms. Barbara Newman, Lake County Coordinator for Watershed Action Volunteers (sponsored by the St. Johns River Water Management District) and St. Johns River Celebration Chairman for Lake County, addressed the Board regarding the St. Johns River Celebration to be held March 18, 2000. She distributed, for the Board's perusal, a brochure and flyer advertising the St. Johns River Celebration, noting that this would be the fifth celebration to be held. She stated that they have had wonderful participation from staff, other governmental agencies, citizens, local businesses, etc. She stated that this is strictly a volunteer effort, financed through sponsorship, at no cost to the taxpayers. She stated that personalized flyers have been printed for each county that is participating in the celebration this year, at which time she referred to the flyer that she had previously distributed to the Board, noting that it was printed specifically for Lake County, which explains how the chain of lakes and all the rivers and waterways are connected in one way or another. She stated that, over the past four years, more than 23,000 volunteers have picked up 1.5 million pounds of debris from the State's waterways and more than 2,300 pounds of debris have been retrieved from Lake County's waterways.

Ms. Newman stated that the St. Johns River Celebration was a sponsorship between the St. Johns River Water Management District, Keep Florida Beautiful, and the County's local affiliate - Keep Lake County Beautiful. She stated that there are 10 sites within the County, so there is no excuse for anyone to say that they could not get to a site to help clean up the debris. She thanked the County Manager, Ms. Sue Whittle, and the Solid Waste Management staff for their help in this effort. She displayed the T-shirt that has been printed for this year's celebration and noted that when someone is seen wearing one of the T-shirts it is not because somebody gave them one it is because they earned it. She encouraged everyone to participate in the celebration.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Roy Hunter, a resident of Paisley, addressed the Board and thanked them for not closing the Paisley Volunteer Fire Station. He also addressed the issue of some roads in the Paisley area that are not county maintained and the fact that Sheriff Knupp had written him a letter indicating that, due to the fact that his deputies have had problems accessing certain areas in Paisley, because of the road situation, he planned to begin having the roads in the Paisley area that are not accessible to his deputies or emergency vehicles graded, noting that he had acquired a road grader for said purpose. He noted that the Sheriff also indicated that, once the roads in the Paisley area are accessible, he planned to move to other areas throughout the County, with the hope of making all county roads accessible to his deputies and emergency vehicles.

Ms. Nancy Fullerton, President of Save Our Lakes Committee, addressed the Board and read a statement into the record regarding the County's shoreline ordinance and the fact that she hoped the Board would approve the advertisement of same.

Mr. Travis Wiggum, a resident of Lake County, addressed the Board and discussed the issue of restraining orders and the fact that the way the system is currently set up, it penalizes the victim. He questioned whether something could be done to change the current system regarding same.

It was noted that the County Attorney would try to help Mr. Wiggum resolve a problem that he and his wife are having, with regard to same, by directing him to the appropriate people.

Mr. David Hodgkins, a resident of Lady Lake, addressed the Board and discussed the issue of the E-911 fee that has been in effect in the State since 1985. He questioned why it has been in effect for 15 years, when it was meant to be in effect for a maximum of 18 months; what has happened to all the money that has been collected over the 15 years; what the fund's current balance is; and how long the general public will have to pay said fee.

It was noted that the Board would be corresponding with Mr. Hodgkins, by mail, and addressing all his questions.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNICATIONS SYSTEMS/CONTRACTS, LEASES AND CONTRACTS

Mr. Bruce Thorburn, Communications Systems Director, addressed the Board and explained this request, stating that his department has been experiencing some customer complaints about the inability of direct-out-dial capability from the telephone switches; therefore, a traffic study - a comprehensive test on all switches, to look at both incoming and outgoing traffic, was conducted. He stated that, as a result of said study, the County's direct-out-dial capability was increased by 50%, adding an additional 24 channels. He stated that the contract will run in concurrence with last year's contract, which the Board approved for five years, for local access. He stated that he did not foresee any problem with absorbing the costs involved in the existing budget.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from Communications Systems for approval to execute a contract with Sprint-Florida, Inc., to add additional Direct-Out-Dial capability to the Lake County telecommunications network.

Commr. Gerber was not present at this meeting.

COMMUNICATIONS SYSTEMS/MISCELLANEOUS

Mr. Bruce Thorburn, Communications Systems Director, addressed the Board and explained this request, stating that his office was notified by Comcast Cable that they had approved the appropriate federal communications forms notifying the County of their intent to transfer all their holdings in Lake County, under franchise, to Time Warner Communications.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from Communications Systems for consideration of the transfer of all Comcast franchised holdings in Lake County to Time Warner Communications.

Commr. Gerber was not present at this meeting.

GROWTH MANAGEMENT/ORDINANCES/WATER QUALITY

Mr. Allan Hewitt, Water Resource Management Director, addressed the Board and explained this request, stating that some revisions have been made to it. He stated that it has gone before the cities, the Florida Department of Environmental Protection, and the Save Our Lakes Committee. He stated that House Bill 57 exempts 50%, or 50 feet of the shoreline, whichever is less, primarily for muck removal. He stated that the exemption still requires an FDEP permit, at no charge, for all outstanding Florida waters. He stated that, if one needs something over 50 feet, or 50%, one must have a permit from the appropriate state agency, whether it be the district or the FDEP. He stated that only in rare cases has the FDEP approved anything over 50 feet for residential sites. He stated that the proposed county ordinance is primarily going to be geared to residential shorelines and fills in the gaps of House Bill 57, by restricting all shoreline clearing to 25 feet. He stated that it requires a review of all mechanical methods of clearing, under House Bill 57 Exemption Criteria, and all lakes within Lake County are treated equally. He stated that county staff is available and able to review all the plans that are coming through, however, noted that, if the County requires permits, fees will have to be put in place and it will require inspections for each and every permit that goes out. He stated that Water Resource Management and Growth Management staff recommends the 25 foot exemption for all the lakes in the County, as well as the Florida Fish and Wildlife Commission. He stated that the County received a letter from the EPAB (Environmental Protection Advisory Board) recommending approval of the Ordinance.

Mr. Hewitt stated that the Ordinance will be applicable countywide, as written, and its intent is to minimize the shoreline activity which, in the long term, may be detrimental. He stated that it exempts commercial, public use facilities, as long as they have the required state permits. He stated that it applies primarily to residential areas and allows 100 feet waterward, with regard to the clearing. He stated that mechanical harvesting of organic muck requires review of the plans by Water Resource Management or Growth Management. He stated that the review procedures are listed in the Ordinance. He stated that the County encourages the removal of nuisance species and replanting of beneficial species. He stated that there is no grandfather clause and the Ordinance will be enforced by the Code Enforcement Board.

Commr. Swartz questioned the purpose of a review, when one requests mechanical harvesting.

Mr. Hewitt stated that the purpose of the review is to allow staff to see how the individual intends to bring in the mechanical harvesting equipment, what they intend to do, to see if there will be any impacts on the wetland vegetation, and for the County to monitor it.

Commr. Swartz stated that he did not feel this approach was going to yield much safety for the County's shoreline protection. He stated that it seemed to him that Lake County should be doing more to protect its lakes than anybody else in the State, for no other reason than a window dressing, because the County is "Lake County". He stated that this Ordinance allows mechanical harvesting and muck removal, when some of the cities within the County do not allow it, nor do some of the surrounding counties.

Commr. Pool stated that muck is not an asset to a lake, it is a liability, noting that fish will not nest on a muddy, mucky bottom, they will go to a sandy bottom to build their nests.

A motion was made by Commr. Hanson and seconded by Commr. Pool to approve a request from Growth Management for permission to advertise an Ordinance codifying water quality requirements and shoreline protection into one Chapter of the Lake County Code, to combine those elements needed to assist in providing the necessary safety net to protect the water quality and shorelines of Lake County.

Under discussion, Commr. Swartz stated that he had difficulty understanding why the Board would proceed to advertise an ordinance that is clearly less restrictive than either Orange or Volusia counties and less restrictive than some of the cities in the County.

Commr. Hanson stated that Commr. Swartz was looking at just one part of the Ordinance - mechanical harvesting. She stated that that does not mean the rest of the Ordinance is less restrictive.

Commr. Cadwell stated that he feels there are situations where removal of the muck is beneficial and that mechanical is the only way to do it.

Commr. Hanson interjected that the Game and Fresh Water Fish Commission supports mechanical harvesting.

Commr. Swartz questioned why the Board would not narrow the Ordinance, to create some type of real review.

Commr. Cadwell stated that it would cost the County more money to do so.

Commr. Swartz stated that the cost of not doing it has cost approximately $150 million for Lake Apopka, which he noted does not even include all the people that will be working hours and hours to do it. He stated that there is a cost to not doing it, the only difference is that it shows up on the back end. He stated that the Ordinance requires one to show county staff one's plans, but there is no hammer to it

The Chairman called for a vote on the motion, which was carried, by a 3-1 vote.

Commr. Swartz voted "No".

Commr. Gerber was not present at this meeting.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

It was the consensus of the Board to postpone action regarding a request for appointment of individuals to the Historical Museum Advisory Board until the Board Meeting of March 21, 2000, so that Commr. Gerber, Liaison Commissioner for the Lake County Historical Museum, could be present.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

ACCOUNTS ALLOWED/MISCELLANEOUS

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Manager to renew the County's Storage Tank Liability Insurance Policy, which expires March 9, 2000, in the amount of $4,007.00, subject to the County Attorney's review and approval.

Commr. Gerber was not present at this meeting.

ADDENDUM NO. 1

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed and reappointed individuals to vacant positions on the Bicycle/Pedestrian Advisory Committee, as follows:

Reappointments

Ms. Suzanne Reynolds

Mr. Fred Sommer



Appointments



Ms. Eloise Fisher

Ms. Jennifer Welch



Commr. Gerber was not present at this meeting.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MEETINGS/MUNICIPALITIES/ROADS-COUNTY AND STATE

Commr. Pool thanked staff for putting together the meeting that was held recently at Lake Sumter Community College, regarding the Hook Street alignment. He noted that approximately 50% of the property owners attended said meeting and all of them were in favor of said alignment, with some modifications that Mr. Fred Schneider, Director of Engineering, Public Works Department, was able to make. He stated that he asked staff to schedule a second meeting, to allow those individuals who did not attend the first meeting the opportunity to attend. He stated that he felt the meeting was a very positive one and noted that everyone that attended the meeting was in favor of bringing the Hook Street alignment to the forefront.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

CODE ENFORCEMENT BOARD/COMMITTEES/STATE AGENCIES

Commr. Hanson brought to the attention of the Board the issue of some Code Enforcement Board liens that have been placed against property owned by Mr. Marshall Gaard, a resident of Lake County. She stated that it is against property that the State is interested in purchasing and noted that Mr. Gaard would receive no funding from the sale of said property.

Mr. Sandy Minkoff, County Attorney, informed the Board that they had in their backup material a copy of a blanket mortgage from Mr. Gaard to Mr. Steve Stanley, in the amount of $500,000.00, which he noted encumbers a large piece of property, including the property in question. He stated that the County obtained an affidavit from Mr. Stanley indicating that the current balance of the mortgage is $450,000.00 and that it appears, from Mr. Stanley's affidavit, that he would receive the proceeds from the sale. He noted that staff also included in the Board's backup material a copy of the contract with the State.

Commr. Hanson stated that it would speed up the process, if the State would purchase the property, which she noted probably backs up to some state owned property in the Wekiva River Protection Area.

Commr. Pool interjected that releasing this property would in no way affect the validity of the existing liens against all the real estate and personal property owned by Mr. Gaard, so the County would still have its liens against the property.

Mr. Minkoff stated that the liens would remain in place for everything but the property that is being sold, which would go to the State. He stated that Mr. Gaard owns approximately 222 different parcels in Lake County, many of which are encumbered by this mortgage. He stated that many of them are small lots that he has placed used mobile homes on and sold the lot and mobile home together for a Contract for Deed. He stated that the County would be helping Mr. Gaard, by approving a release, because he would be able to sell the property and reduce his mortgage balance, but the reduction of the mortgage balance would improve the County's position as well. He stated that, in many instances, Mr. Gaard's mobile homes are in violation of building codes or zoning codes, so he has been an off-again/on-again violator for quite a while.

Commr. Pool stated that he felt the real winner in this matter would be the State, if they are able to acquire the property.

Commr. Hanson stated that she would much rather see the State own the property, however, noted that they are getting frustrated and may lose interest.

Commr. Cadwell stated that he had a concern about Mr. Gaard being an off-again/on-again violator. He stated that he felt it would be better for the property to be in the State's hands, but noted that Mr. Gaard would benefit from the sale, because he would be reducing his debt.

Commr. Swartz noted some concerns he had about the matter, as well. He suggested having the County Attorney contact the mortgage holder, to see if the County can work something out with him. He stated that he felt the mortgage holder would be glad to get a significant portion of his mortgage and it would enable the County to see some of the property go into the State's hands, as well as have some of the County's liens paid down.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board directed the County Attorney to contact the mortgage holder, with regard to Code Enforcement Board liens that are being held against property owned by Mr. Marshall Gaard, to see if it is possible for the County to work something out where some of its liens can be paid down, as well as to allow some of the mortgage holder's funds to be recouped.

Commr. Gerber was not present at this meeting.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2000-30, supporting the St. Johns River Celebration to be held March 18, 2000.

Commr. Gerber was not present at this meeting.

ADDENDUM NO. 1

REPORTS

COMMISSIONER HANSON - DISTRICT 4

MUNICIPALITIES/ROADS-COUNTY AND STATE/STATE AGENCIES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the execution of a letter to be sent to the State of Florida, Department of Transportation, supporting the East Lake Chamber of Commerce's request for a banner to be hung across SR 46, in Sorrento, for the "Derby Day" event to be held Saturday, March 25, 2000, at the Simpson Training Center.

Commr. Gerber was not present at this meeting.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

COUNTY EMPLOYEES/COUNTY MANAGER/PROPERTY APPRAISER

Commr. Cadwell brought up for discussion the issue of a memorandum that Mr. Ed Havill, Lake County Property Appraiser, had written to the County Manager, Ms. Sue Whittle, regarding the County's medical insurance plan for its employees and what she intended to do about some concerns he had regarding same. He stated that this was the second memorandum that Mr. Havill had written to Ms. Whittle, noting that she had responded to the first one; however, he felt the Board, as a whole, should respond to Mr. Havill's second memorandum. He requested approval of a response that he had written to Mr. Havill, regarding the matter.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 4-0 vote, the Board approved the Chairman's response to a second memorandum that Mr. Ed Havill, Lake County Property Appraiser, had written to Ms. Sue Whittle, County Manager, indicating some concerns he had about the County's medical insurance plan for its employees and what she planned to do regarding same.

Commr. Gerber was not present at this meeting.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:40 a.m.

__________________________________ WELTON G. CADWELL, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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