A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

July 11, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, July 11, 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; Robert A. Pool; and G. Richard Swartz, Jr. Commissioners not present: Rhonda H. Gerber. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, noted that the Board had a printed addendum to the agenda this morning. Ms. Whittle stated that she also wanted to add a clay road update to the agenda, and she would be presenting to the Board, under her business, the tentative budget for this year.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, with Commr. Gerber not being present for the discussion or vote, the Board approved the Minutes of June 13, 2000 as presented.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, with Commr. Gerber not being present for the discussion or vote, the Board approved the Clerk of Courts' Consent Agenda, items 1 through 12, as follows:

Bonds - Contractor



Request to approve Contractor Bonds - New and Cancellations, as follows:



New



5380-2000 Douglas Basham

5450-2000 Larry Rutter d/b/a Rutter Aluminum

5523-2000 Leon Merian d/b/a Cardinal Construction & Aluminum, Inc.

5599-2000 Charles R. DePari, Jr. d/b/a Aladdin Sign & Lighting, Inc.

5782-2000 David A. Shields d/b/a All Shields Plumbing & Air Conditioning, Inc.

5783-2000 Gregory Vaughn d/b/a Gregory Homes

5784-2000 Albert R. Mask d/b/a Mask and Sons, Inc.

5785-2000 Steve Allen d/b/a Steve Allen Construction, Inc.

5786-2000 Thomas M. Scaglione d/b/a ONT Enterprises

5787-2000 Michael Petty d/b/a BP Construction

5788-2000 John E. Himmelman d/b/a Key Masonry, Inc.





Cancellations



5500-2000 Billy Tidwell d/b/a Billy Tidwell's Aluminum

5539-1999 Harry A. Dalbow

5599-1998 Charles R. DePari d/b/a Ace Electrical Services, Inc.



Accounts Allowed/Courts-Judges



Request to approve and authorization of signatures on Satisfaction of Judgments, as follows:



State of Florida vs Brian Shane Endres, in the amount of $250.00,Case No. 96-953-CFA.

State of Florida vs Russell Schmidt, in the amount of $250.00, Case No. 85-26612-TT42.



Accounts Allowed/Courts-Judges/Code Enforcement



Request to approve and signature authorization on Satisfaction and Release of Fines, as follows:



Reduction of Order of Fine for Marshall H. Gaard, in the amount of one thousand dollars ($1,000.00), dated July 21, 1999, and recorded in Official Records Book 1736, Pages 2138 and 2139 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 26th day of July, 1999.



Reduction of Order of Fine for Marshall H. and Betty L. Gaard, in the amount of nine hundred dollars ($900.00), dated July 21, 1999, and recorded in Official Records Book 1736, Pages 2128 and 2129 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 26th day of July, 1999.



Reduction of Order of Fine for Marshall H. and Betty L. Gaard, in the amount of two thousand dollars ($2,000.00), dated July 21, 999, and recorded in Official Records Book 1736, Pages 2132 and 2133 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 26th day of July, 1999.



Reduction of Order of Fine for Marshall H. and Betty L. Gaard, in the amount of one hundred dollars ($100.00), dated July 21, 1999, and recorded in Official Records Book 1736, Pages 2134 and 2135 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 26th day of July, 1999.



Reduction of Order of Fine for Marshall H. Gaard, Trustee, and Betty L. Gaard, in the amount of one thousand dollars ($1,000.00), dated July 21, 1999, and recorded in Official Records Book 1736, Pages 2130 and 2131 of the Public Records of the Clerk of Circuit Court of Lake County, Florida, on the 26th day of July, 1999.



Reduction of Order of Fine for Marshall H. Gaard, Trustee, and Betty L. Gaard, in the amount of five thousand dollars ($5,000.00), dated July 21, 1999, and recorded in the Official Records Book 1736, Pages 2136 and 2137 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 26th day of July, 1999. The Judgment-Creditor acknowledges receipt of five hundred twenty-three dollars ($523.00) as payment in part of said indebtedness. Said Judgment-Debtor shall not be released from the remaining four thousand four hundred seventy-six dollars and five cents ($4,476.05) until such time as it is paid in full.



Reduction of Order of Fine for Marshall H. Gaard, Trustee, and Betty L. Gaard, in the amount of five thousand dollars ($5,000.00), dated May 12, 2000, and recorded in Official Records Book 1821, Pages 1532 and 1533 of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 12th day of May, 2000.



Accounts Allowed/Courts-Judges/Code Enforcement



Request to approve and authorization of signatures on Release of Fines, as follows:



Reduction of Order of Fine for Barbara R. Locke, in the amount of zero dollars ($0.00), dated May 12, 2000, and recorded in the Official Records Book 1821, Pages 1534 and 1535, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida on the 12th day of May, 2000.



Order of Fine for Helen Gilliard, in the amount of eight thousand two hundred fifty dollars ($8,250.00), dated March 27, 2000, and recorded in Official Records Book 1807, Pages 1451 and 1452, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on the 29th day of March, 2000.



Accounts Allowed/Courts-Judges



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending May 31, 2000, in the amount of $155,354.64. Same period, last year: $118,038.21.



Accounts Allowed/Deeds



Request to acknowledge receipt of the unclaimed excess proceeds for tax deeds, totaling $521.31.



Accounts Allowed



Request to acknowledge receipt of the 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.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 2000-20, from the Town of Lady Lake, adopting a third amendment to the amended development order for the tri-county villages development of regional impact; providing findings of fact; adopting conclusions of law; approving conditions of development; adopting a revised development plan; providing a final order; providing definitions; providing assignability, severability, recordation of Notice of Adoption; restricting density and intensity reduction; providing for expiration of amendment; assuring payment of impact fees; providing for transmittal of amendment and providing an effective date.



Municipalities/Ordinances



Request to acknowledge receipt of the following Ordinances from the City of Eustis:



City of Eustis Ordinance No. 00-09 initiated by the property owner, to annex a single family residence on .31 acres at 49 W. Seminole Road; 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; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication by posting according to the law. Passed, ordained, and approved in Regular Session of the City Commission of the City of Eustis, Florida, this 1st day of June, 2000.



City of Eustis Ordinance No. 00-12 initiated by the property owner, to annex a commercial building on .317 acres at 2405 S. Bay Street (SR 19); 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; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication by posting according to the law. Passed, ordained, and approved in Regular Session of the City Commission of the City of Eustis, Florida, this 1st day of June, 2000.



Municipalities/Ordinances



Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake:



Town of Lady Lake Ordinance No. 2000-03 voluntarily annexing that property being 5+/- acres of land owned by Ronald J. and Bonnie Mae Atley, located in the vicinity of County Road 466 and Rolling Acres Road, into the corporate limits of the Town of Lady Lake, Florida; providing for redefinition of the land boundaries of the Town of Lady Lake; providing for filing this Ordinance; repealing all Ordinances in conflict herewith; providing for severability; providing for an effective date; and providing for publication in accordance with law. Passed, ordained, and approved in Regular Session of the Town Commission of the Town of Lady Lake, Florida, this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-04 pertaining to comprehensive planning in the Town of Lady Lake, Florida; amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a Small Scale Future Land Use Map Amendment; providing for severability; and providing an effective date. Passed and ordained this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-06 voluntarily annexing that property being 5+/- acres of land owned by Azalea Oaks, Inc., located in the vicinity north of County Road 466, east of Costa Mesa Drive, west of Pangola Drive, into the corporate limits of the Town of Lady Lake, Florida; providing for redefinition of the land boundaries of the Town of Lady Lake; providing for filing this ordinance; repealing all Ordinances in conflict herewith; providing for severability; providing for an effective date; and providing for publication in accordance with law. Passed, ordained, and approved in Regular Session of the Town Commission of the Town of Lady Lake, Florida, this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-07 pertaining to comprehensive planning in the Town of Lady Lake, Florida; amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a Small Scale Future Land Use Map Amendment; providing for severability; and providing an effective date. Passed and ordained this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-09 voluntarily annexing that property being 9.75 acres of land owned by Ro-Mac Lumber & Supply, Inc., located in the vicinity of Rolling Acres Road, into the corporate limits of the Town of Lady Lake, Florida; providing for redefinition of the land boundaries of the Town of Lady Lake; providing for filing this ordinance; repealing all Ordinances in conflict herewith; providing for severability; providing for an effective date; and providing for publication in accordance with law. Passed, ordained, and approved in Regular Session of the Town Commission of the Town of Lady Lake, Florida, this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-10 pertaining to comprehensive planning in the Town of Lady Lake, Florida; amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a Small Scale Future Land Use Map Amendment; providing for severability; and providing an effective date. Passed and ordained this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-11 redesignating zoning classification for certain property owned by Ro-Mac Lumber & Supply, Inc.; located within the Town Limits of the Town of Lady Lake, Florida; rezoning subject property from Lake County Agricultural to Lady Lake Industrial "I"; establishing an effective date. Passed and ordained this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-13 pertaining to comprehensive planning in the Town of Lady Lake, Florida; amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a Small Scale Future Land Use Map Amendment; providing for severability; and providing an effective date. Passed and ordained this 1st day of May, 2000.



Town of Lady Lake Ordinance No. 2000-14 redesignating zoning classification for certain property owned by Bishop Fruit Company, Inc.; located within the Town Limits of the Town of Lady Lake, Florida; rezoning subject property from Lady Lake Single Family Medium Density "RS-6" to Lady Lake Heavy Commercial "HC"; establishing an effective date. Passed and ordained this 1st day of May, 2000.



Town of Lady Lake Ordinance No. 2000-15 redesignating zoning classification for certain property owned by Ronald J. & Bonnie Mae Atley; located within the Town Limits of the Town of Lady Lake, Florida; rezoning subject property from Lake County Ranchette "RA" to Lady Lake Planned Commercial "CP"; establishing an effective date. Passed and ordained this 17th day of April, 2000.



Town of Lady Lake Ordinance No. 2000-16 redesignating zoning classification for certain property owned by Azalea Oaks, Inc.; located within the Town Limits of the Town of Lady Lake, Florida; rezoning subject property from Lake County Planned Commercial "CP" to Lady Lake Planned Commercial "CP"; establishing an effective date. Passed, and ordained this 17th day of April, 2000.



Utilities



Request to acknowledge receipt of the Notice from Florida Water Services; Re: Notice of Application for a Transfer of Water Certificate and Facilities from Tangerine Water Company to Florida Water Services Corporation. Notice is hereby given pursuant to Section 367.071, Florida Statutes, of the application for transfer of Water Certificate No. 96-W and all water facilities of Tangerine Water Company to Florida Water Services Corporation (Florida Water). In the transfer application, Florida Water proposes to make no changes to the rates and charges which Tangerine Water Company was authorized to assess. 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, and a copy of the objection must be sent to Florida Water Services Corporation, Attention Matthew J. Feil, Esquire, P.O. Box 609520, Orlando, Florida 32860-9520. The objection must state the grounds for the objection with particularity.



Municipalities/Ordinances/Taxes



Request to acknowledge receipt of the letter from the City of Leesburg informing the Board of County Commissioners that the City is in the process of establishing a redevelopment agency and has defined a preliminary redevelopment area. It is the intention of the City to adopt a tax increment financing ordinance for this redevelopment area within the next few months.



COUNTY MANAGER'S CONSENT AGENDA

Discussion occurred regarding the County Manager's Consent Agenda, with Commr. Pool addressing Tab 9 regarding the name change of a boat launch and stating that there are two different families who stake claim to it. He stated that he was approving what the Board was trying to accomplish in the request.

Ms. Sue Whittle, County Manager, stated that staff would research the issue and get a report to the Board.

Mr. Sandy Minkoff, County Attorney, explained that the County accepted a donation of property in connection with the ramp, and as part of the donation, the County agreed to name the ramp. Mr. Minkoff noted that staff will bring this information back to the Board.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, with Commr. Gerber not being present for the discussion or vote, the Board approved Tabs 3 through 24 for the following requests:

Contracts, Leases & Agreements/Economic Development



Request for approval of Impact Fee Deferral Agreement between Lake County and Frost Developers and Builders.



Contracts, Leases & Agreements/Economic Development



Request for approval of Impact Fee Deferral Agreement between Lake County and Watkins Motor Lines, Inc.



Accounts Allowed/Economic Development



Request for approval of Jobs Growth Investment Trust Fund Award in an amount not to exceed $200,000.00 to Watkins Motor Lines, Inc. for the creation of 100 jobs.





Contracts, Leases & Agreements/Economic Development



Request for approval of First Amendment to the Jobs Growth Investment Trust Fund Agreement between Lake County and The Goodyear Tire & Rubber Company to reflect Excel Logistics, Inc. to provide logistics services in the Groveland facility.



Emergency Services/Sheriff's Department



Request for approval of the transfer of County-owned EMS Vehicle #203 (County Asset #11666) to the Sheriff for use as a crime scene unit.



Emergency Services



Request for approval to trade eleven (11) Hewlett Packard Codemaster 100 Cardiac Monitors for Medtronic Physio-Control LifePak 12 Monitors to Physio-Control at no cost in conjunction with a bulk order Florida Regional Emergency Medical Service has placed.



Accounts Allowed/Parks & Recreation/Roads-County & State



Request for approval to transfer funds, in the amount of $8,360.00, from the Boating Improvement Fund to do design and engineering work related to parking, entry road, restroom, lighting and signage improvements at the Arnold Brothers Boat Ramp, north of Groveland on State Road 19 on the Palatlakaha River; Marsh Park Boat Ramp on County Road 452 on the south side of Lake Yale; and Lake Jem Park Boat Ramp on County Road 448 on the Apopka-Beauclaire Canal.



Accounts Allowed/Budget Transfers/Emergency Services



Request for approval of budget transfer from Contingency - County Fire Control Fund in the amount of $1,995.00 to County Fire Control Fund, Emergency Services, Machinery & Equipment. A stage centrifugal pump was needed as soon as possible for the brush fires. It was purchased with an emergency purchase card.



Accounts Allowed/Budget Transfers/Facilities & Capital Improvements



Request for approval of budget transfer from Special Reserve - Fund 301 in the amount of $120,574.00 to the Sales Tax Capital Projects Fund, Facilities and Capital Improvements, Machinery & Equipment. Funds are required to purchase a new network backbone to increase speed to provide for current and future technology needs of Lake County's employees and citizens. The majority of the funds being transferred were originally for updating the old backbone system. Contingent upon approval of Budget Agenda Item #2000-468A.



Accounts Allowed/Budget Transfers/Solid Waste Management Services



Request for approval of budget transfer from Machinery & Equipment in the amount of $40,000.00 to Landfill Enterprise Fund, Solid Waste Management Services, Contractual Services. Mulching services are needed to process woodwaste that cannot be processed with the existing grinder. Repair of the dragline can be delayed until funds are received from the sale of the grinder.



Accounts Allowed/Budget Transfers/Sheriff's Department



Request for approval of budget transfer from Contingency - Sheriff in the amount of $10,000.00 to the General Fund, Constitutional Offices/Sheriff, Law Enforcement - Operating. Pursuant to Florida Statute 30.49 the Sheriff is requesting a transfer in the amount of $10,000.00 from Contingency - Sheriff to the Law Enforcement Operating Account.



Accounts Allowed/Budget Transfers/Municipalities/Parks & Recreation



Request for approval of budget transfer from Improvements Other than Buildings in the amount of $150,000.00 to the Parks Capital Projects Fund, Facilities and Capital Improvements, Aids to Government Agencies. The City of Clermont was awarded $75,000.00 each year for Fiscal Year 1998/99 and 1999/00 for the development of a regional park. The total amount for both years was inadvertently budgeted in the wrong account. Funds are available in the Improvements Other than Buildings account line. A new account line (810) will need to be opened in the General Parks Projects cost center.





Accounts Allowed/Budget Transfers/Buildings/Facilities & Capital Improvements



Request for approval of budget transfer from Buildings in the amount of $167,547.00; Machinery & Equipment in the amount of $5,000.00; and Professional Services in the amount of $5,146.00 to the General Fund, Facilities and Capital Improvements, Repair and Maintenance in the amount of $172,693.00; and Operating Supplies in the amount of $5,000.00. This transfer is necessary to properly reflect object codes of repair items. Repairs were budgeted in the 620 account line.



Accounts Allowed/Direct Pay/Courts-Judges



Request for approval of Check Request (Direct Pay) from the Clerk of the Courts for payment of May 2000 Criminal Court Fees. The request exceeds the County Manager's approval limit of $25,000.00 The total payment is $26,882.00.



Accounts Allowed/Direct Pay/Sheriff's Department



Request for approval of Check Request (Direct Pay) from the Lake County Sheriff for payment for bomb disposal equipment. The expenditure will come from the Law Enforcement Trust Fund. The request exceeds the County Manager's approval limit of $25,000.00. The total payment is for $33,747.00.



Accounts Allowed/Contracts, Leases & Agreements



Request for approval of a contract with Lucent Technologies to replace the County's existing computer network backbone in the amount of $120,573.00.



Accounts Allowed/Bids/Contracts, Leases & Agreements



Request for authorization to award RFP 00-059, encumber funds and authorize contract, subject to County Attorney approval, to Bowyer-Singleton & Associates, Inc. for the Road Design for Hook Street, in the amount of $270,431.00.



Bids/Contracts, Leases & Agreements

Request for authorization to award RFP No. 00-020 for Debris Removal to Grubbs Construction Company to provide removal and disposal services of disaster generated debris following a hurricane or other natural or man-made event.



Bonds - Mobile Home



Request for approval of Mobile Home Bond #2000-001 for Michael J. Seymour and Sharon M. Mills for a Temporary Non-conforming Zoning Use in Agriculture (A) Zoning District to place a Travel Trailer on property located at 13650 Corkwood Lane, Astatula, FL - Commission District #3, for their temporary residence during construction of their home.



Personnel



Request for approval and execution of Certificates for employees with one year of service.



Accounts Allowed/Emergency Services/Personnel



Request for approval of the reclass/downgrade of one position, the deletion of one position, and the addition of three positions, in the Fire/Rescue Division of the Department of Emergency Services, in the amount of $94,919.00.



Accounts Allowed/Growth Management/Personnel



Request for approval of the addition of one part-time position to meet the demands of telephone service requests and occupational license requests in the Department of Growth Management, Planning and Development Services, Current Planning Services in the amount of $24,330.00 annual and $1,400.00 Capital.





Assessments/Road Projects



Request for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens for seven road assessments, as follows:



676005 - Judith & Larry Leech - 04/19/00

677001 - Ruth Troutman & Joan Winstead - 04/10/00

685028 - Ruth Uhlmann - 05/22/00

690013 - James R. Kirkland - 05/26/00

691062 - Patricia Morrone - 05/12/00

691068 - Kenneth F. Taylor - 04/25/00

692009 - Dayle D. Thornton - 04/06/00



Roads-County & State/Resolutions



Request for approval of Resolution 2000-96 authorizing the posting of 35-mph speed limit signs on Crows Bluff Road, 4-8999, in north Lake county and lowering the speed limit on Layton Street, 5-5440, in the Bassville Park area.



Roads-County & State/Resolutions/Subdivisions



Request for authorization to execute Resolution 2000-97 accepting an extension of Lake Seneca Road (County Road Number 4-5983) into the County road maintenance system in the Courtney Jane Estates subdivision.



Accounts Allowed/Bids/Road Projects



Request for approval to award #3-4455 Merry Road Extension (South), Construction Project No. 5-00, Bid No. 00-064, to Art Walker Construction, Inc. and to encumber and expend funds in the amount of $453,438.15 from the Road Impact Fee Fund. Benefit District 2, Commissioner District 3.



Accounts Allowed/Bids/Road Projects



Request for approval to award #3-3358 Shirley Shores Road Reconstruction Project No. 6-00, Bid No. 00-063, to Art Walker Construction, Inc., and to encumber and expend funds in the amount of $264,697.80 from the Road Impact Fee fund. Benefit District 2, Commissioner District 3.



Assessments/Resolutions/Solid Waste



Request for approval and authorization of the Initial Assessment Resolution 2000-98 for Solid Waste Management Collection and Disposal for fiscal year 2000-2001 and each fiscal year thereafter until discontinued, pending County Attorney approval.



Accounts Allowed/Grants/Contracts, Leases & Agreements



Request for approval and signature of the Chairman to execute the Litter Control and Prevention Grant Application for 2000/2001 and for the Chairman to sign and submit reimbursement requests as needed, in the approximate amount of $17,500.00. Approval for the Chairman to sign the 2000/2001 Agreement with Keep Lake County Beautiful, Inc. (KLCB) which is related to the grant funds.



PERSONAL APPEARANCES

EMPLOYEE AWARDS

Ms. Gwen Benton, Human Resources, presented information on the following employees, and the plaques were presented by Commr. Cadwell:

Presentation of Plaque to Employees with Five Years of Service

Jane E. Reich, Executive Secretary, County Manager

Richard R. Petitt, Jr., Training & Development Coordinator, Human Resources/Training & Development (not present)

Walter L. Thompson, Mechanic, Public Works/Fleet Maintenance (not present)



PUBLIC HEARING

ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2000-41, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 14-5 OF THE LAKE COUNTY CODE ENTITLED HARVESTING OF TIMBER; PROVIDING FOR A PROHIBITION ON TIMBER HARVESTING ACTIVITIES; PROVIDING FOR REGISTRATION OF TIMBER HARVESTING ACTIVITIES; REQUIRING PROOF OF OWNERSHIP, LEGAL DESCRIPTIONS, CERTIFIED BOUNDARY SURVEYS AND AERIAL MAPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Minkoff noted that the County advertised the most stringent requirements, and the Ordinance, as it was originally proposed, required only that an aerial map be given with latitude and longitude lines showing the approximate area to be harvested. The addition that the Board made was actually to require a certified survey staked at 100 foot intervals of the area to be harvested.

Commr. Pool clarified that he brought forward the Ordinance because he heard from concerned property owners who felt that their lands were being invaded by loggers. He stated that he could support the original Ordinance, as written with a Global Positioning System (GPS), as he has received many letters that express concerns about the cost of a survey, in particular one ten acre parcel, which would cost up to $10,000. He hoped that the Board could come back to the original opportunity to use the GPS, which would allow the County to not only know who is in the area, with permission, but also the four corners of that property. Commr. Pool stated that this is what he would recommend and support.

Commr. Hanson stated that the calls that she received supported the Ordinance, but not the requirement for a certified boundary survey.

Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.

Mr. Bill Gazoo, representing Mr. David Segal, Central Florida Investments, Polk County, stated that he appreciated what the Board had done, because they were concerned about the cost of the survey. Mr. Gazoo stated that, from their standpoint, if the issue is the loggers, then there needs to be perhaps payment performance bonds for them, and not a requirement for the owners to put up thousands of dollars for legal surveys. He stated that they appreciated the Board's consideration to rescind that part of the Ordinance.

Mr. Phil Gornacke, representing the Florida Forestry Association, addressed the Board and stated that he has already sent a letter addressing this issue. Mr. Gornacke stated that the Association represents landowners and people involved in forestry, in one way or the other, across the State, and there are approximately 2,000 members in the Association. He stated that timber trespass is also a concern of the Association, and they believe that the proposal, as written, is extremely expensive, and an unnecessary burden on all of the forest landowners in the County. He further stated that it would probably end up hurting more landowners than actually protecting them in the long run. As already discussed, their biggest concern is the survey, and surveys cost thousands of dollars for large tracts of land. Mr. Gornacke explained that there are about 155,000 total acres of private forest lands in this County, and they are real concerned that the County is about to get into a regulatory process that might be so burdensome to landowners that they might actually be inclined to forego forestry practices and get into some other more intensive land use, and the Association does not want to see this, because it wants to keep lands in commercial forestry production as much as possible across the State. He further explained that this would be a particular problem in this County where people have alternatives to tree growing, which are becoming more attractive every day. Mr. Gornacke requested that the County reconsider the countywide boundary survey requirement, as discussed. They also have concerns about the idea of pre-registration with the County. They would rather see an approach where any of the required information would be kept on hand at the job site by a logger and be available to anyone, if there are any questions about that particular logging job. He also asked that any new requirements of loggers be focused on a specific problem in the area in the County where timber trespass is a frequent and recurring problem. He noted that similar problems in Polk County led to the adoption of a tree harvesting ordinance in 1998, and it was drafted with the assistance of a Forestry professional who was present in the audience today. Mr. Gornacke urged the Board to consider alternative approaches to what has been suggested this morning, and stated that the Association would be willing to work with the Board and staff to come to an equitable solution.

Mr. Bob Luther stated that he concurs with everything that Mr. Phil Gornacke said and that he would much prefer to have an onsite contract rather than pre-registering. He stated that, if the County was going to require an aerial with latitude-longitude on it, they would prefer to have it STR instead of latitude-longitude, because it would be a better approach for him.

Mr. Claude Smoak, Clermont, stated that he is a landowner in the Green Swamp who practices silviculture, and in reading the Ordinance, he would commend the Board for taking some action, because there is a problem in this area from time to time. He discussed some of the proposed requirements and stated that having to flag the acreage being timbered is not only impractical and expensive, but the enforcement mechanism is going to be very difficult. He also felt that there are other methods and alternatives of determining property lines that would adequately serve the needs of people and protect those property owners who are absentee owners. Mr. Smoak stated that the biggest problem in the Green Swamp is the land type developments where there were five and ten acre tracts, and two acre tracts, and one acre tracts sold; where there are no rights-of-way to get there; there are no boundary lines; there are no proven section lines in a lot of these areas; and there is some illegal timbering going on, but the vast majority of these problems are going to be almost impossible for the County to enforce. Mr. Smoak requested that the Board postpone action on this today, and they work with the forestry folks that are in the business, who are the ethical people who harvest the timber in the County, to come up with some language that both serves the public interest, and the interest shown by the Board for an Ordinance, and does not create a difficult situation for both the County and the landowner.

Commr. Cadwell stated that the Board has already talked about taking the boundary survey out of the Ordinance and using the GIS, and the only other substantive thing would be to have that information on site, as opposed to pre-registering.

Commr. Smoak explained that he has had illegal timbering on his property in the last month, and he did not feel that it was done intentionally, but they just did not have their homework done. He does feel it is fair to request some method to determine corners, and for the responsible party who is doing the timbering to be responsible for staying within those boundaries. He stated that, as a landowner, he would not want to have to go to Tavares and tell someone that he was going to harvest a crop, which he has been growing for 20 years, but he does feel it is fair to require that the person doing the harvesting have in their possession a copy of the landowners' permission to be there, and a legal description of the property, to be able to show where the corners are located.

Commr. Pool stated that this is just what he was trying to accomplish, and they wanted to have someone pre-register so that, if someone called the County, the information would be available to them.

Commr. Cadwell stated that, even if someone pre-registers, someone is still going to have to go to the site.

Mr. Joe Allen, Executive Director, Southeastern Wood Producers Association, a State logging association that represents the loggers of Florida and Georgia, stated that he sympathizes with what the Board is trying to accomplish, and that they are just as concerned about timber trespass, and the theft of timber, as anyone else. Mr. Allen stated that he was glad to see that the Board has sort of pulled away from the certified boundary surveys, because he got figures as much as $85 an acre to have one done. His main recommendation would be to not adopt anything today, but to allow them, the logging community, and the Forestry Association that represents the whole forest community, to work with the County to develop something that is livable for all sides. Hopefully something can be crafted that will solve the problems, but will not put an extra burden on the men and women who are professionals and do a worthy job and who are honest people who operate in and out of this community.

Mr. Jeff Val, Department of Agriculture and Consumer Services, Division of Forestry, stated that their agency also had a representative that participated in the process of developing the Polk County Ordinance. They would like to offer their services to Lake County and encourage the Board to maybe give this a little time and let them work with them on some of the concerns that they have collectively as a forestry community, and also as individuals representing their own constituent groups within the forestry community. Mr. Val stated that, in addition to being a State agency, they are also a public land owner, per say, and a land manager, because they also have timber sales, and for someone who may not have access to a GPS unit, it could be a fairly expensive item to purchase. It would seem reasonable to him if there was some language in the Ordinance that would just show a larger boundary, and then it would not be necessary to have it identified by the GPS unit. Mr. Val felt that they could possibly help the County with some nuances, and he would like to encourage the Board to give this some consideration as they move forward.

Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved to table the proposed Ordinance pertaining to timber harvesting, as read by title only.

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

Mr. Sandy Minkoff, County Attorney, noted that, if staff is able to bring something back to the Board on this issue, it will be readvertised.

PUBLIC WORKS/ROADS-COUNTY & STATE

Ms. Lora Bailey, Special Services Division Director, presented the Board with a handout of information pertaining to the Dirt Road Update, which she would be discussing today. The information she reviewed was as follows:

Emergency Dirt Road work for non-County maintained dirt roads - original mission:

From June 21 to July 10:

July 11th Status of non-County maintained dirt roads:

Ms. Bailey noted that the handout material included the Tentative Emergency Dirt Road Schedule (Public Works Grader #1) and map, and the Tentative Emergency Dirt Road Schedule (Public Works Grader #2) and map. The material also included an Unmaintained Road Stabilization - Daily Activity Summary along with a colored bar chart. Ms. Bailey presented a few photographs that showed the roads before and after the work.

Mr. Dennis Warren, Public Works, addressed the Board and explained that the roads would have to be graded once every other week or so, just to keep the roads passable, but that it would definitely depend on the weather.

Commr. Hanson stated that Fonseca Road was taken off of the original list, and the individuals have done a petition to do a special assessment and give the necessary right-of-way.

Mr. Sandy Minkoff, County Attorney, explained that this would not be enough, at this point in time, for the County to stabilize that road. The County would have to get the right-of-way deeds, or they would have to pay the County for the work.

Discussion occurred regarding the cost per front foot per mile, with it being determined that it would be approximately two dollars.

Commr. Hanson stated that the County needs to look at the collector roads and do them on a continuous basis. She stated that staff is considering something long-term, but to deal with these roads the way they have been dealt with in the last couple of weeks is purely reactive, as far as the situation goes, and the County is going to continue to have crisis situations, if the County does not deal with them. She further stated that the County needs to maintain the collector roads on a priority basis, and to bring them into the County maintenance system as clay roads. She stated that she has been asking for a list from Public Works for over two years, so that the Board can look at those that need to be done. She noted that some of the roads will be taken off of the list, because of special assessments, and she does not look at such roads as Forest Hills as a community or collector road, but more of a neighborhood road. Commr. Hanson stated that the Board needs to look at those roads that are going to make the most impact in any part of the County that need to be brought into the County maintenance system. She explained that the County has wanted to eliminate clay roads, because, in the long run, they cost more than paved roads, but the County cannot afford to pave these roads today. She stated that this will still keep the special assessment program intact, but it would allow them to bring some more roads into the County maintenance system as clay roads. Commr. Hanson stated that any special assessments could be funded out of ad valorem, because that is a match with the County, and she has discussed this with Mr. Jim Stivender, Director of Public Works. She stated that the ones being discussed today need to come out of the gas tax, where the County currently funds the County maintained roads and the clay roads. She felt that this was a priority, and the Board has an obligation to that part of the County, and it was pointed out to her that, when the County reaches the same percentage of dirt roads in each district, then there will be some kind of equalization, but it does not have this now, and it may never have it, so she will continue to fight for it.

Commr. Cadwell stated that, in regards to the special assessment program, he has staff looking at putting together some figures from the penny sales tax, because some of those projects can be moved along between now and December, if the Board cuts some of its capital projects and takes those dollars and puts them into transportation.

Commr. Hanson stated that Forest Drive is another one that they are working on for a special assessment. She stated that another collector road is Cardinal Lane, and it would be one that the County needs to look at putting in the County maintenance system.

Commr. Cadwell stated that staff needs to look at the true collector roads and bring back a real hard dollar figure, and some real figures on what it would take to maintain them, and let the Board make a decision and prioritize them against the other transportation needs.

Commr. Swartz stated that, in the interim, the County is not working anymore on what was considered an emergency situation.

Commr. Hanson stated that they have taken care of the emergency, and the rains helped in this situation.

Commr. Cadwell directed staff to have those figures for the Board, as discussed, in two weeks.

Commr. Swartz stated that staff has provided the Board with a list of roads, but it has been more difficult trying to cost them out and determine a real figure. The work that has been done in the past couple of weeks should help them get a gauge on what it is actually going to cost. He stated that there is not sufficient funds right now to maintain the current roads, and to include this in the road maintenance means that there will be other roads that will not be maintained. He further stated that one thing that is not being fully acknowledged is the level of development that is occurring in the County, and the County is getting a tremendous amount of new roads in the County system. They are paved and they meet County standards, and at some point, these roads are going to need resurfacing. Commr. Swartz explained that, up until a few years ago, there was never a special assessment held up because of money, but the County does not have funds now, because it simply does not have sufficient gas tax funds to deal with them. He stated that staff can come back and tell the Board how much it is going to cost, but the Board needs to identify where the funds are going to come from and what other programs may have to be cut. He further stated that the road policy has to be changed countywide, and the Board needs to look at the long view and not just the short view.

Commr. Hanson stated that the Board has an obligation to provide basic services to all citizens in Lake County.

Commr. Swartz stated that he agrees with Commr. Hanson, and he also agrees with doing what you have to have in the way of taxes to raise the revenue to do what you promise on the front side. He has supported additional gas tax repeatedly, and he has said to this Board repeatedly that they are not going to buy their way out of it. He stated that there is an absolute shortage in the County's gasoline taxes, which allows the County not to even maintain the existing hard surface roads. The whole policy of this Board, for 20 years, was to take these dirt roads and get them brought up to County standards and not continue to fight the clay and sand issue. Commr. Swartz stated that it requires the willingness to support higher taxes. He stated that the growth has far outstripped the ability to fund these things with the existing tax.

Commr. Hanson stated that, in this particular area, the County is not putting in roads for growth. The roads that are going in will deal only with those vested lots that are already out there. She explained that the County is not creating new lots in the northeast part of the County.

Commr. Hanson made a motion to direct staff to develop a program for bringing into the County maintenance system those roads throughout the County that are collector roads on a clay basis.

It was noted that Commr. Hanson needed to make a motion to place this item on the agenda for a vote, before she made her motion on the issue. At this time, Commr. Hanson rescinded her motion.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to place the dirt road issue on the agenda.

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

Commr. Hanson made a motion to direct staff to come back at the next Board meeting with a proposal to bring collector roads into the County maintenance system, as clay roads countywide.

Commr. Pool seconded the motion for discussion, and stated that, with 200 miles of clay roads today, and 80 miles being in District 2, they are at least passable as a rule. He stated that there is a funding shortfall, and the Board definitely needs to figure out a mechanism, or a way to pay for the expanded needs in Lake County. He feels that the voters need to have a say in this issue, and it makes sense to him to take a look at some referendum, at some future date, and to realize they are going to have to pay to have good roads. Commr. Pool stated that the County has to have increased dollars to enhance and improve what it has now. He recommended that the Board try to put this on a referendum, so the citizens have a say and feel comfortable that, at some future date, the County can take care of their roads in the future.

Commr. Swartz explained that the citizens have a say every four years. The Legislature passed into law the additional five cent optional gas tax that gives this Board, and all Boards across the State of Florida, the ability to assess the needs that they have for roads, and no one here is saying that the need is not there, but what they have here is the unwillingness to pass the taxes that are needed to meet the needs that they know are there, plus the additional ones that they want to add to it. He stated that he is going to vote for the motion, because he thinks that it is doing nothing but asking staff to bring forward information that is going to tell them more precisely what the cost is going to be, but he is not going to support bringing new roads into the County system, until this Board is willing to come up with the money that it takes to pay for it and to change the policy countywide, which has been in place for 20 or more years in that regard.

Commr. Hanson stated that this was a step in the right direction. She stated that, two or three years ago, when the Board looked at the gas tax, she had indicated that, once the Board put a plan in place that would do what she was asking for now, she would vote for the tax. She has not seen this yet, so until the Board is willing to vote for this program, she is not going to vote for it, because she feels there are needs out there that need to be addressed.

Commr. Swartz stated that he was not trying to tell people that, for special assessments, they are going to put them on a list and bring additional roads into the County system when he knows that they do not have the funds. He is willing to vote for the additional gas tax, and how the Board decides to spend it is an issue for the majority of the Board. He explained that it took four-fifths vote to approve the gas tax, and it only takes a majority to decide to change the road policy, pave roads, clay roads, or whatever it is that they want to do.

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

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

PUBLIC HEARING

COMMUNITY SERVICES/GRANTS

Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that Ms. Liz Eginton, Community Development Block Grant Director, would be making a presentation of the FY 2000-2005 Consolidated Plan of the Uses of Community Development Block Grant Funds. Mr. Smith explained that the public hearing is required by HUD, before the County can receive funding through the Entitlement Urban County Program. He stated that, on May 9, 2000, they had a pre-publication hearing where they talked about some concepts of programs that they would like to fund with the CDBG dollars, which they will be receiving upon approval of their Consolidated Plan. He further stated that they have met with their urban partners, the Town of Montverde and the City of Tavares, and reviewed the funding concept, and the projects they have proposed for the next three to five years.

Ms. Liz Eginton addressed the Board and proceeded through the public hearing information. Ms. Eginton stated that today's hearing is the third of this year's four formal opportunities for public comment on the CDBG program. She further stated that the presentation will be a progress report about what has happened and is about to happen with the CDBG program. The areas to be covered include:

Ms. Eginton reviewed, in detail, the areas noted and stated that the finalized Consolidated Plan will be presented to the Board for approval early in August and sent to HUD immediately afterward. She explained that HUD has 45 days to review the plan and request any changes. Environmental assessments of all projects involving construction must be done and the findings made available for public comment. The assessments are then sent to HUD along with a Request for Release of Funds. Ms. Eginton stated that HUD then drafts a Grant Agreement and sends it to the county. The Board then authorizes the Chairman to sign the Agreement and copies are returned to HUD. Ms. Eginton stated that they still have other major startup tasks to complete, such as determining how funding transfers are to be handled internally, and negotiating sub-recipient agreements.

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

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the list of projects, in concept, and the Lake County FY 2000-05 Consolidated Plan, as presented.

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

Ms. Eginton noted that staff will be back before the Board on August 1, 2000, with the final document.

CITIZEN QUESTION AND COMMENT PERIOD

Road Projects

Mr. Roy Hunter addressed the Board and stated that the last four weeks, without a doubt, is an example of the finest teamwork that has ever been seen in Lake County, and he extended his thanks to many people for their help in resolving some of the emergency road situations in northeast Lake County. Mr. Hunter stated that he would like to see the emergency assistance extended, until staff brings back the report requested earlier by the Board regarding the clay roads. He distributed to the Board some petitions with signatures from individuals who would like to see the work continued, since the clay is being made available by the Forestry Service. He also presented a flier that was released by the Northeast Lake Chamber of Commerce, Inc. Mr. Hunter explained that he received a call from Mr. Underwood who has a business called Rancho Marine, on Jewell Road at the end of Mack Road, who stated that he has been trying to maintain the road by himself, and he needs help. Mr. Hunter stated that there are so many other roads that need to be addressed. He stated that the unanimous vote by the Board, on June 20, 2000, helped to save a lot of lives and buildings, and he requested that the Board continue the emergency work for another couple of weeks, until staff comes back with the information, as requested by the Board. He stated that the clay is still available by Mr. Jim Thorsen of the Forestry Service.

Commr. Cadwell explained that, during that short period of time, the County spent $106,000 not counting the clay.

Mr. Hunter stated that approximately $19,000 of the $106,000 was a gift from Mr. Thorsen, and he is still willing to give the County free clay. He further stated that he feels that the work could possibly extend past the boundaries of northeast Lake County, but this has not been discussed. He extended his personal appreciation to each of the Commissioners for their help.

Commr. Pool extended his appreciation to Mr. Hunter for his help in this situation.

Ms. Pat Congdon presented the Board with a map of the area that needs clay on its roads and asked the Board to consider Mr. Hunter's request to continue with the emergency work, as long as there is free clay being provided. Ms. Congdon stated that she would be willing to pay the two dollars per mile. She stated that the point made by Commr. Swartz, to raise the gas tax, is legitimate, but the people in this area have been paying taxes for years.

Commr. Hanson stated that the County has a one-time maintenance program, where they will bring the materials and spread them and charge whatever the cost may be, and it would probably be about the same amount. She noted that the two dollar fee discussed earlier was an estimate for all of the roads without the clay. Commr. Hanson stated that it was difficult to continue the emergency work on the roads, because there is no longer an emergency. She suggested that Ms. Congdon meet with Ms. Barbara Schumel, Public Works, to discuss the special assessment program and determine what she can be doing, in terms of rights-of-way, to start this process for the future.

Mr. Travis Whigham stated that he was appalled that the back roads where he lives in Forest Hills were not included in the projects to be fixed, or repaired with clay, and he stated that a lot of the roads do not need the whole road clayed. He stated that, for what it has cost to put clay on all of the roads in their entirety, the County could have repaired miles and miles of other roads that needed to be done, especially in the back woods area.

Commr. Hanson stated that the County does not have right-of-way on some of the roads, such as Big Foot Road and Fonseca, and the right-of-way has to be dedicated to the County before they can improve the road. She suggested that he meet with Mr. Dennis Warren, Public Works, to discuss how he can go about getting the right-of-way from the property owners.

Mr. Whigham extended his thanks to the Parks and Recreation Director for having a picnic table and bar-b-q grill placed in the park. He explained that there are still some things that need to be done, as far as improvements. Commr. Hanson suggested that he also work with Mr. Warren on this issue.

Growth Management/Subdivisions

Mr. Ralph Keeler addressed the Board and stated that he was representing himself, as well as Ms. Gladys Fortner who is the owner of 26 acres on Lake Joanna. He presented the Board with a Memorandum dated 6/28/00 from John Cento, Planner III, and stated that he was told that this item, the Lake Joanna Reserve preliminary plat review, was going to be on the agenda. He stated that it had a second review, and he was here to try and get it on the agenda for a policy ruling sometime in the near future.

Commr. Swartz stated that this issue was discussed under Commissioners' business about two months ago, and the Board asked staff to look into it. The issue has to do with what the Land Development Regulations (LDRs) allow, in regard to open space issues.

Mr. Sandy Minkoff, County Attorney reviewed the memorandum, which was presented by Mr. Keeler, and stated that normally staff would not come to the Board to ask for direction on a Comprehensive Plan policy. He explained that it is not a zoning case, but just a question of preliminary plat.

Commr. Cadwell directed staff to have this item available at the next regular meeting (two weeks from now) for discussion by the Board and any necessary action at that point.

Road Projects

Mr. Jack Stier, Forest Hills, stated that he has been a resident of Florida for about 28 years. He stated that he lives on Third Avenue in Forest Hills, and he has been maintaining about four blocks of road ever since he has lived there. He stated that there are some bad intersections, and he would be more than willing to pay the County for the trucking of free clay to the sites, and he would oversee the grading.

Commr. Hanson suggested that he meet with Mr. Dennis Warren, Public Works, to discuss this issue.

Code Enforcement/County Policy/Zoning

Mr. Richard Harrison, Palomino Pines Subdivision, discussed a problem he has encountered with some of the neighbors in regards to definitions relating to County Code, specifically Section 3.01.03, Schedule of Permitted and Conditional Uses. He stated that non-intensive is permitted in certain zoning districts including R-1, and they feel the current definition for non-intensive agriculture, Section 3.01.02(d)(2), is open to broad interpretation and is insufficiently stringent as it applies to R-1 zoning. He stressed that there is no mention of the number, or types, of farm animals that may be maintained, and Code Enforcement has informed them that any number of animals, whether they be cows, pigs, exotic birds, goats, chickens, etc., may be kept irregardless of the size of the property. Mr. Harrison stated that they were asking the Board for their assistance in rectifying this situation and suggested that they limit farm animals according to acreage. He questioned the responsibility of the owner, as far as cleaning up the property to avoid odor and polluting of the wells of other properties, and stated that they could find no definition for obnoxious uses in Section 3.01.03. Mr. Harrison explained that there were approximately 30 animals on a five acre parcel in this area, and they include steers, horses, goats, chickens, and dogs. He lives next door to the property, and in certain weather conditions, the odor is obnoxious.

Commr. Swartz explained that R-1 zoning is allowed the same non-intensive uses as allowed in the agriculture zoning district, which can be problematic, and he feels that the whole issue of R-1 needs to be addressed. He stated that the County Manager and the County Attorney can look at this issue and try to determine whether the Code is being appropriately used. He stated that buying property in rural areas is always risky, because the Board, over the years, has had a propensity for putting R-1 in next to dairies and citrus knowing that they are going to have to spray.

Commr. Cadwell stated that the first step would be to have the County Manager and County Attorney meet with Code Enforcement and make sure everyone is interpreting the existing law correctly, and to look at the law pertaining to non-commercial activity.

Discussion occurred regarding the described parcel of property that has all of the animals, with the Board indicating that it could be an unhealthy situation, and the Health Department may need to be notified.

Mr. Harrison explained that, because the individual was not the original owner of the five acres, he told everyone that he was able to clear-cut the entire wooded parcel.

Ms. Sue Whittle, County Manager, stated that she and Mr. Sandy Minkoff, County Attorney, will set up a meeting with the Code Enforcement staff and keep the Harrisons informed.

Mr. Ralph Patterson, Palomino Pines Subdivision, explained that a lot of homes could be built in the area where he lives, and the County could have a beautiful tax base there, but once people go around the corner from where he lives, they see the five acre parcel with all of the animals.

COMMISSIONERS

At 10:45 a.m., it was noted that Commr. Pool left the meeting.

Code Enforcement/County Policy/Zoning (Continued)

Commr. Swartz clarified that, over the years, R-1 zoning has been allowed almost everywhere and approved in locations that are too close to what is truly intensive agriculture.

Mr. Patterson explained that this is not an agriculture community and stated that this is all R-1 zoning including the noted five acre parcel with the animals. He stated that, before they moved into this area, they went to the County to the Zoning Department, because they did not want to be where pigs and chickens could be raised, because of the smell. They were told that pigs and chickens could not be raised in R-1-A residential. Now they have been told by Code Enforcement that there is no limit to the number of pigs and chickens that someone can have on their property, and they directed them to the Board of County Commissioners, because they made the law. Mr. Patterson stated that a beautiful tax base is being destroyed that could pay for County roads.

Commr. Cadwell explained that the first step is to have the County Manager and County Attorney look at this particular situation and see if there is a remedy, and if not, the Board can look at changing the policy.

Commr. Swartz stated that he has always believed that R-1 zoning was problematic because it allowed, just like it does in R-A, non-intensive agriculture. He stated that this has not changed, even though the County did made some changes to the number of dogs and cats.

Mr. Patterson addressed the septic system issue and questioned the health problem that may be connected to the number of animals on a piece of property.

Commr. Swartz stated that there are a lot of issues, and one of them could be a public health issue. He explained that the idea that there is no limit to the number of animals is not correct, and even though it is not a set number, it is whether or not it is non-intensive, as indicated in the Code.

Commr. Hanson stated that, however the Board goes on this issue, the County Manager needs to give direction, because she has worked with Code Enforcement, and they have said that there is nothing they can do.

Mr. Ed Hand, Royal Trails, questioned the difference between R-1 zoning and agricultural zoning, and why they should pay additional taxes when they are in effect agricultural with unrestricted numbers of animals. Mr. Hand stated that the number of dogs are limited per acre, but no other animals are limited, and there needs to be quantification of specific and total animals. He feels that, in their neighborhood, when an individual has 30 animals on five acres, this is detrimental to the occupants, and the surrounding areas, and the quality of the land and water. He stated that recently a real estate agent has said that their home value assessments have been lowered, due to the unrestricted amount of animals in the neighborhood. Mr. Hand stated that he feels that the majority of the landowners' rights are not being considered, due to the lack of specific numbers of animals that are permitted in R-1 zoning.

Roads Projects/Sheriff's Department

Mr. Roy Hunter stated that, if the Board will not extend the emergency work on the roads in northeast Lake County, he asked that the Board authorize Public Works to make available, to the Sheriff's Department, a dump truck to haul the free clay.

It was noted that this item would be considered under Commr. Hanson's business.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

STATE AGENCIES/PUBLIC WORKS

Ms. Lora Bailey, Special Services Division Director, presented the request regarding an agreement with the Florida Department of Community Affairs.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 3-0 vote, the Board approved the request and authorization of the Chairman's signature to enter into an agreement between the Florida Department of Community Affairs and the Lake County Board of County Commissioners on the Hazard Mitigation Grant for Green Swamp and Tracy Canal Culvert Replacement Projects in the amount of $27,312.50.

Commrs. Pool and Gerber were not present for the discussion or vote.

REPORTS - COUNTY ATTORNEY

BIDS/MUNICIPALITIES/SUBDIVISIONS

Mr. Sandy Minkoff, County Attorney, presented the request regarding Summit Landing.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 3-0 vote, the Board approved the request to declare Lot 21 Summit Landing, located in Leesburg, as surplus property and put out to bid in accordance with Section 124.35, Florida Statutes.

Commrs. Pool and Gerber were not present for the discussion or vote.

MUNICIPALITIES/ROADS-COUNTY & STATE

Mr. Sandy Minkoff, County Attorney, explained that there was an annexation of property, along Highway 441 of Fruitland Park, that was brought up for discussion by Commr. Gerber, and the issue of entering into an agreement with the City of Fruitland Park to delay the dates that the County could file suit to challenge the annexation. Since then, the property being annexed has gone through the site plan process in Fruitland Park, and the City has attempted to accommodate the setbacks to allow the adjacent property owner, Mr. Barfield, to have his sign be visible. Mr. Minkoff stated that he discussed this issue with Commr. Gerber, prior to this agenda item, and staff is recommending that the County not file suit to challenge the annexation.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried by a 3-0 vote, the Board approved the request that Lake County not challenge Fruitland Park's annexation of certain property located along State Road 441.

Commrs. Pool and Gerber were not present for the discussion or vote.

EDUCATION/ELECTIONS

Mr. Sandy Minkoff, County Attorney, explained that he received a Resolution from the Lake County School Board, with a request to place a referendum on the ballot in November. The Board has to approve this under the Florida Statute and Constitution. Staff suggested one change in the language, as follows: replace the verbiage "mark a cross (x) with "blacken the oval".

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 3-0 vote, the Board approved the request by the Lake County School Board, to have a Referendum placed on the November ballot regarding the Superintendent's position, with the recommended change, as noted.

Commrs. Pool and Gerber were not present for the discussion or vote.

CONTRACTS, LEASES & AGREEMENTS/OTHER COUNTIES/JAILS

Mr. Sandy Minkoff, County Attorney, presented the request for approval of the Agreement with Orange County for Housing of Inmates at the Prelude Facility.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 3-0 vote, the Board approved the request, as stated above.

Commrs. Pool and Gerber were not present for the discussion or vote.

CODE ENFORCEMENT/SHERIFF'S DEPARTMENT

Mr. Sandy Minkoff, County Attorney, reported that, on July 4, 2000, in conjunction with Code Enforcement and the Sheriff, the County filed suit against Mr. Vernell Jackson who was planning on holding an outdoor music festival outside of Eustis. Staff obtained an injunction to prohibit that activity, since it was not in compliance with Lake County Code.

ADDENDUM NO. 1

REPORTS - COUNTY MANAGER

EMERGENCY SERVICES

Ms. Sue Whittle, County Manager, presented the request for approval of Certificate of Public Convenience and Necessity relating to Lake-Sumter Emergency Medical Services, Inc.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 3-0 vote, the Board approved the request, as stated above.

Commrs. Pool and Gerber were not present for the discussion or vote.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

COMMISSIONERS/FOREST SERVICES

Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approve for the Chairman to send a letter on behalf of the entire Board to Jim Thorsen of the National Forest Service thanking the Forest Service for the donation of clay for use in repairing non-county maintained roads in this time of emergency.

Under discussion, Commr. Swartz stated that the person that deserves the most thanks is Commr. Hanson, and even though he may not necessarily support a policy, she deserves the most credit.

The Chairman called for a vote on the motion, which was carried by a 3-0 vote.

Commrs. Pool and Gerber were not present for the discussion or vote.

ROADS-COUNTY & STATE/SHERIFF'S DEPARTMENT

Commr. Hanson presented the issue regarding the County possibly providing a truck to the Sheriff's Department to haul the clay to their grader and asked Ms. Sue Whittle, County Manager, if she had any comment on this issue. She stated that she has mixed feelings on doing this, however, the grader is there, because the Sheriff will be providing it.

Mr. Sandy Minkoff, County Attorney, stated that the policy requires four-fifths vote by the Board.

Commr. Swartz stated that he did not object to the previous motion, to put the other item on the agenda, because he thought it was doing exactly what he thought the Board had already requested of staff. He stated that he would not support putting this item on the agenda.

Discussion occurred regarding the previous motion made by the Board, to put on the agenda the item that dealt with instructing staff to come back with a possible policy dealing with clay roads, and the cost associated with it.

Commr. Hanson felt that the previous motion was to bring up the discussion of clay roads, and the report itself.

After further discussion, Commr. Swartz stated that he would vote to put the item brought forth by Commr. Hanson on the agenda, if the Board wants to vote on it.

Commr. Cadwell explained that he could not see how the Board could allow this type of work to be done and tell everyone else that they have to pay for it. He questioned how the Board could approve such action, when the Board believes that the emergency portion is over, and the County is going to look at the roads that, for years, people have thought should be maintained.

Commr. Hanson explained that the Sheriff is going to be there, and he is going to be grading, and the clay is available for the roads anywhere in the County.

Commr. Swartz stated that the clay is really not available for anywhere in the County, because to use that clay, you would have to truck it to the other parts of the County, and the cost of trucking it would probably be more than the cost for using clay from some other pits. He stated that the Chairman is absolutely right, that the Board has gone as far as it can go, and it has gone a long way to making those roads safe.

Commr. Hanson stated that she agrees with Commr. Swartz, and feels that the Board should wait and work it out with the Sheriff, and then come back at their next meeting, after they have an opportunity to think about it a little bit, and discuss it at the next meeting after getting the Sheriff's request, because the Board does not know his plan at this point.

REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5

COMMISSIONERS/OTHER COUNTIES/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried by a 3-0 vote, the Board approved Resolution 2000-95 of support for Leon County Commissioner Rudy Malloy in his bid for National Association of Counties (NACo) 2nd Vice President, on the recommendation of the Chairman.

Commrs. Pool and Gerber were not present for the discussion or vote.

BUDGETS

Commr. Cadwell stated that the County Manager is required to present a budget to the Board by July 15, 2000, and she has that prepared to give to the Board today.

Ms. Sue Whittle, County Manager, stated that the Board will be meeting with the Sheriff of July 20, 2000 at 10 a.m., and then the Board will talk about the budget again on July 25, 2000, at which time the Board will need to consider setting the tentative millage for advertising purposes.

Commr. Swartz questioned whether someone will be available, or has staff appointed a spokesperson to let people know what is in the budget, because he has gotten a lot of phone calls about some media report as to what the tax increase is going to be. He stated that a spokesperson should be made available to answer questions, and at least give out the correct information

Ms. Whittle informed the Board that Ms. Sara LaMarche, Senior Director of Fiscal and Administrative Services, along with her staff, will be available to deal with any questions on the budget. She stated that additionally staff has placed a budget message and information on the County's web page, and the budgets will be available in libraries. Ms. Whittle stated that the final recommendations include a countywide millage rate of 5.705 per $1,000 assessed valuation, and the storm water millage rate, which the Board had already discussed, and a countywide ambulance and emergency services millage rate of .55 per $1,000 valuation. She noted that this information is posted, as of today, on the County's web page, and the budget will involve a mill or less, and this does meet all of the goals that the Board had established for staff to meet this year. She explained that these are the long awaited and debated services that the County has been talking about for a number of years, and they are being put into place. There will be three libraries this year and three next year, and the ambulance service. The County is currently spending 44 cents of every dollar of ad valorem taxes on law enforcement (Sheriff). Ms. Whittle stated that they have spent a lot of money and are putting a lot of time and resources into making sure that they have good emergency response with fire and ambulance. Ms. Whittle stated that there are also some issues that the Board has grappled with for years including the Comprehensive Health Care Committee and the plan they brought forward, which is included in this budget ($87,000). She noted that the County is maintaining its reserves, and it is including a good healthy reserve for the ambulance operations.

Commr. Cadwell informed the Board that, in regard to the ambulance issue, the new Board of Directors, Lake Sumter Emergency Medical Services, Inc., has been meeting weekly, and he feels confident that the County will be ready to proceed in a timely manner.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:10 a.m.





WELTON G. CADWELL, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR/BOARDMIN/7-11-00/7-21-00