A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 4, 2001

The Lake County Board of County Commissioners met in regular session on Tuesday, December 4, 2001, 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: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

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

ELECTION OF OFFICERS

Commr. Hanson stated that, at this time, the Board will hold the election of officers. She stated that it has been a year of challenges, solutions and resolutions. She stated that they are at a time when they are going to be looking at some new beginnings and new challenges in a dynamic and diverse County. She further stated that she has enjoyed being Chairman this year, and she is looking forward to working with the new Chairman. At this time, she stated that she would entertain a motion for Chairman.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the appointment of Commr. Pool to serve as Chairman of the Board.

Commr. Hanson turned the gavel over to the new Chairman, Commr. Pool.

Commr. Stivender stated that, with it being her first year here, she wanted to extend her appreciation to Commr. Hanson for her leadership and direction on items that she was not familiar with.

Commr. Pool stated that he appreciated Commr. Hanson's leadership, and the opportunity to serve as Chairman for the next year.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Commr. Cadwell to serve as Vice Chairman of the Board.

Commr. Pool welcomed Mayor Helen Pearce of Montverde and stated that he would like to take this opportunity to make a couple of remarks. He stated that Lake County has its hands full with growth and the growth pressures that are coming and he wants to make sure that this Board is well aware of this and are going to work very hard to help manage the growth throughout Lake County. He stated that the joint plan with the cities is important and it is important that they work cooperatively with them. At this time, he noted that Ms. Elaine Renick, Council Member, City of Clermont, was present.

Commr. Pool stated that he would like to ask Mr. Bill Neron, County Manager, to give the Board a complete and comprehensive update on where the County is with the number of units that have been approved in Lake County in the last 10 or 12 years, and what is left to build out both in the County and the city, so that the Board will have a road map to the future and, when the Board talks about water and water related issues, it would be helpful to have information from the St. Johns River Water Management District (SJRWMD), the US Geological Department, and the University of Florida.

Mr. Neron, County Manager, stated that, based on the conversation that he had with Commr. Pool last Friday, he sent a memo Monday to Ms. Sharon Farrell, Senior Director of Growth Management, and asked her if they were already in progress for such a study and what resources will be needed and what the time frame will be to gather that information for the Board. He noted that, as soon as he has that information, he will get back to Commr. Pool. Mr. Neron noted that he would like to have the study done on the entire County.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 26, 2001, Special Meeting, as presented.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of November 6, 2001, Regular Meeting, as presented.

CLERK OF COURTS' CONSENT AGENDA

On motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 11, for the following:

Accounts Allowed



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.





Bonds - Contractor



New



5197-02 Beller Electric, Inc.

5532-02 Michael Coury

5876-01 Danny Ferguson d.b.a Danny Ferguson's Repair

5877-02 Jerry P. Bass/Interactive Electric Co.

5878-02 Ronald Pileggi d.b.a. Audio Video Integration



Riders



5592-02 Terry Letterman & Robert Weston d.b.a. TCB Framing, Inc.

(to change the name of the principal)

5716-02 David Sparks Custom Framing, Inc.

(to correct the named insured)



Cancellations



1140-98 Robert Hamel d.b.a. Lake Square Concrete

1982-01 David Wesley Elliott

4878-01 Spencer D. Davis, Inc.

4894-01 Bentley Pinder d.b.a. Bentley Pinder Construction

5217-01 Professional Air & Electric, Inc.

5580-01 D. G. Meyer, Inc. (Leon Michaux)

5801-01 Willie B. Milam, Jr. d.b.a. Milam Roofing Co.

5909-01 Daryll Carbaugh



Committees/SJRWMD/Reports/Water Resources



Request to acknowledge receipt of the St. Johns River Water Management District Five-Year Capital Improvements Plan and Five-Year Water Resource Development Work Program for Fiscal Years 2001-2002 through 2005-2006.



Committees/SJRWMD/Water Resources



Request to acknowledge receipt of the meeting schedule for the Governing Board of the St. Johns River Water Management District for the year 2002.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on the Amended Satisfaction of Judgment - State of Florida vs. Steven Miles Blake - Case No. 9500608CFA01 - $250.00 - Final Judgment entered on September 11, 1995, and the original recorded in OR Book 1387, Page 2322, the amended recorded in OR Book 1865, Page 729, of the Public Records of Lake County, Florida, and recorded in OR Book 4046, Page 886, of the Public Records of Volusia County, Florida.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on Satisfaction and Release of Fine - Thelma M. Ewalt, Reduction of Order of Fine, in the amount of $1,500.00, dated May 28, 2001, and recorded in OR Book 1994, Pages 895 and 896, of the Public Records of the Clerk of Court of Lake County, Florida, on August 28, 2001.



Request to approve and authorize signatures on Satisfaction and Release of Fine - Miguel and Adelia de Vivas, Order of Fine, in the amount of $1,000.00, dated August 28, 2001, and recorded in OR Book 1994, Pages 908 through 910, of the Public Records of the Clerk of Court of Lake County, Florida, on August 28, 2001.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on Release of Fine - Pedro Foster, Sr. and Ursula Foster, Reduction of Order of Fine, in the amount of zero dollars ($0.00), dated September 28, 2001, and recorded in OR Book 2009, Pages 312 through 313, of the Public Records of the Clerk of Court of Lake County, Florida, on October 3, 2001.



Request to approve and authorize signatures on Release of Fine - Robert Patrick Stillwell, Reduction of Order of Fine, in the amount of zero dollars ($0.00), dated October 18, 2001, and recorded in OR Book 2021, Pages 1986 through 1987, of the Public Records of the Clerk of Court of Lake County, Florida, on October 31, 2001.



Request to approve and authorize signatures on Release of Fine - Glenna M. Deabay, Order of Fine, in the amount of $13,600.00, dated May 17, 2001, and recorded in OR Book 1951, Pages 813 and 814, of the Public Records of the Clerk of the Court of Lake County, Florida, on May 23, 2001.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on the following:



Satisfaction of Judgment - State of Florida vs. James B. Hammons - Case No. 00-647CFA01 - $750.00 - Final Judgment entered on May 24, 2000, and recorded in OR Book 1843, Page 2322, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Clifford Carl Getford - Case No. 8600754CFA - $250.00 - Final Judgment entered on December 29, 1986, and recorded in OR Book 909, Page 1042, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Jermaine Diego Gadsden - Case No. 9500932CFA01 - $250.00 - Final Judgment entered on November 29, 1995, and recorded in OR Book 1401, Page 1545, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Jermaine Diego Gadsden - Case No. 9500933CFA01 - $250.00 - Final Judgment entered on November 29, 1995, and recorded in OR Book 1401, Page 1549, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Jermaine Diego Gadsden - Case No. 9500934CFA01 - $250.00 - Final Judgment entered on November 29, 1995, and recorded in OR Book 1401, Page 1546, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Jermaine Diego Gadsden - Case No. 9201297CFC01 - $250.00 - Final Judgment entered on November 29, 1995, and recorded in OR Book 1401, Page 1548, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Jermaine Diego Gadsden - Case No. 9201299CFA01 - $250.00 - Final Judgment entered on November 29, 1995, and recorded in OR Book 1401, Page 1547, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Carl Randy Steele - Case No. 9601408CFB01 - $250.00 - Final Judgment entered on October 14, 1996, and recorded in OR Book 1473, Page 0857, of the Public Records of Lake County, Florida.



Satisfaction of Judgment - State of Florida vs. Timothy Midgette - Case No. 87-1514CFA - $250.00 - Final Judgment entered on March 24, 1988, and recorded in OR Book 959, Page 499, of the Public Records of Lake County, Florida.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on Satisfaction and Release of Fine for William B. Whaley and Clement J. Ouellette, in the amount of $1,000.00 - Reduction of Fine, in the amount of $1,000.00 dated October 18, 2001 and recorded in OR Book 2026 Pages 2481 through 2482 of the Public Records of the Clerk of Court of Lake County, Florida, on November 13, 2001.



Request to approve and authorize signatures on Satisfaction and Release of Fine for Jonny Lee and Linda Lee Rearick, in the amount of $400.00 - Reduction of Order of Fine, in the amount of $400.00 dated October 18, 2001 and recorded in OR Book 2026 Pages 2479 through 2480 of the Public Records of the Clerk of Court of Lake County, Florida, on November 13, 2001.





Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on Satisfaction of Judgment - State of Florida vs. Timothy J. Donovan, Case No.: 99-1413CFA, in the amount of $750 - Final Judgment entered on the 27th day of September, 1999 and recorded in OR Book 1766 Page 1474 of the Public Records of Lake County, Florida.



Accounts Allowed/Courts-Judges



Request to approve the Monthly Distribution of Revenue for Traffic/Criminal Cases, month ending October 31, 2001.



COUNTY MANAGER'S CONSENT AGENDA



Discussion occurred regarding the County Manager's Consent Agenda, with Commr. Hill requesting that Tab 4 regarding the Citizens' Commission for Children be pulled for discussion.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the County Manager's Consent Agenda, Tabs 3 through 18, with the exception of Tab 4.

Under discussion, Mr. Sandy Minkoff, County Attorney, stated that staff would like to withdraw Tab 17 regarding Mt. Plymouth Ltd, which will be rescheduled.

Commr. Cadwell revised his motion to include the withdrawal of Tab 17, and Commr. Hanson revised her second to the motion.

The Chairman called for a vote on the amended motion, to approve Tabs 3 through 18, with Tab 4 being pulled for discussion and Tab 17 being withdrawn from the agenda, which was carried unanimously by a 5-0:

Contracts, Leases & Agreements/Communications/Taxes



Request from Communications Systems for approval and signature on Communications Services Tax - Local Government Certification and Agreement for Access to Confidential State Tax Information from the Department of Revenue and authorize the Communications Systems Office to act as retainer of Confidential Information.



Contracts, Leases & Agreements/Emergency Services/Fire Stations



Request from Emergency Services for approval of notification to Sunrise A.R.C. of Lake County, Inc. of the termination of the lease of Fire Station 52, according to the Lease Agreement dated December 21, 1993.



Accounts Allowed/Emergency Services/Fire Stations



Request from Emergency Services for approval to purchase a mobile home to house the fire personnel at Fire Station 92 in Minneola in the amount not to exceed $30,000.00.



Accounts Allowed/Committees/Grants/Parks & Recreation



Request from Facilities and Capital Improvements for approval of the reallocation of Recreation Facility Grant funds selected by the Parks and Recreation Citizen Advisory Board for funding FY 2001/2002 in the amount of $24,000.00.





Accounts Allowed/Fire Stations



Request from Facilities and Capital Improvements for approval of Change Order in the amount of $20,720.00 to Construction Development & Design Company for the completion of the Bay Lake Fire Station.

Accounts Allowed/Budget Transfers/Emergency Services



Request from Fiscal and Administrative Services for approval of budget transfer from Contingency - County Fire Control to Emergency Services, Buildings - Bay Lake Fire Station in the amount of $20,720.00. The original site allowance for the Bay Lake Fire Station was $34,850.00 when the design package was put together in 1998. The original site work scope of work did not include a well/pump, irrigation, and an underground fire tank for code requirements. Additional funds are needed to cover these costs. Contingent upon approval of Agenda Item 2002-113A on the December 4, 2001 Board agenda.



Accounts Allowed/Budget Transfers/Emergency Services



Request from Fiscal and Administrative Services for approval of budget transfer from Land to Emergency Services, Buildings - Fire Station 92 in the amount of $30,000.00. Fire Station 92 is not suitable for housing firefighters. Funds are needed to purchase a mobile home to house the firefighters for the next two years. Contingent upon Agenda Item 2002-126A on the December 4, 2001 Board agenda.



Accounts Allowed/Budget Transfers/Public Works



Request from Fiscal and Administrative Services for approval of budget transfer from Special Reserve - Stormwater Management to Public Works, Roads in the amount of $136,750.00. Funds are needed to pay for one-half of the cost of the Astor Pipe Replacement Project No. 2002-08. On November 6, 2001 the Board of County Commissioners approved the award of this project to Professional Dirt in the amount of $248,630.00, with the cost to be split between Fund 112 and Fund 123. An additional 10% has been added to the dollar amount for stormwater, which is planned to cover any necessary change orders.



Accounts Allowed/Budget Transfers/Elections/Taxes



Request from Fiscal and Administrative Services for approval of budget transfer from Special Reserve - Sales Tax Capital Projects to Facilities & Capital Improvements, Machinery & Equipment in the amount of $1,837,529.00. The adopted budget has $892,296.00 for voting machines. New touch screen machines will cost $3,051,825.00. The state will contribute $322,000.00 for this purchase. Balance needed for the machines after reducing the cost by the amount budgeted and the state contribution is $1,837,529.00. Infrastructure sales tax revenue can be used for this need.

Accounts Allowed/Municipalities/Resolutions



Request from Fiscal and Administrative Services for approval of Resolution 2001-228 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $141,000.00 from the City of Tavares, Florida for police dispatch services and to provide appropriations for the disbursement.



Accounts Allowed/Clerk/Courts-Judges



Request from Fiscal and Administrative Services for Fiscal Year 2000/2001 - Approval of Check Request (Direct Pay) of request from the Clerk's Office for payment of Criminal Court costs for July and August 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $63,635.00.



Accounts Allowed/Clerk/Courts-Judges



Request from Fiscal and Administrative Services for Fiscal Year 2000/2001 - Approval of Check Request (Direct Pay) of request from the Clerk's Office for payment of Criminal Court costs for October 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $28,783.00.





Accounts Allowed/Impact Fees



Request from Fiscal and Administrative Services for approval of Impact Fee Refund Request to Michael T. & Susan Ardillo in the amount of $1,352.50 due to the impact fee waiver recipient purchased a new home that had already been permitted and full fees paid.



Accounts Allowed/Contracts, Leases & Agreements/Risk Management

Request from Risk Management for approval and signature of the Claims Runout Agreement with Professional Administrators, Inc. (PAI) to provide medical claims runout processing services in the amount of $23,700.00.



Accounts Allowed/Contracts, Leases & Agreements/Risk Management



Request from Risk Management for approval and signature of the Claims Runout Agreement with Employers Mutual, Inc. (EMI) to provide medical claims runout processing services in the amount of $8.00 per claim beginning January 1, 2002.



Contracts, Leases & Agreements/Subdivisions



Request from Growth Management for approval to accept and execute a Developer's Agreement to pull two building permits prior to the acceptance of the final plat for Via Gran Subdivision.



Accounts Allowed/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $26,756.76 that was posted for Johns Lake Estates Phase 1 subdivision.



Accounts Allowed/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $12,750.00 that was posted for Avalon Estates Phase 3 subdivision.



Deeds/Rights-of-Way, Roads & Easements



Request from Public Works for approval to accept two Drainage Easement Deeds; two Non-Exclusive Easement Deeds; two Partial Release of Mortgages; nine Statutory Quitclaim Deeds; eight Statutory Warranty Deeds; and three Temporary Non-Exclusive Easement Deeds, as follows:



Drainage Easements



Glenn R. and Lois J. Rogers - Book 2017 Page 1779 - Morningside Drive -

CR 3/4 4568 - Road Project

Erika Jelsma, et al - Book 2021 Page 1125 - Morningside Drive -

CR 3/4 4568



Non-Exclusive Easement Deeds



Robert R. and Maribeth Race - Book 2017 Page 1769 - Morningside Drive -

CR 3/4 4568 - Road Project

Glenn R. and Lois J. Rogers - Book 2017 Page 1774 - Morningside Drive -

CR 3/4 4568 - Road Project



Partial Release of Mortgages



Glenn R. and Lois J. Rogers - Book 2017 Page 1784 - Morningside Drive -

CR 3/4 4568 - Road Project

Silver Fox Development - Book 2028 Page 2032 - Hook Street - Road Project





Statutory Quitclaim Deeds



Thomas J. Squires - Book 2017 Page 1793 - Fonseca Lane - Road Project

Robert E. and Carol S. Ebert - Book 2017 Page 1789 - Fonseca Lane -

Road Project

Albert and Winifred Hoffpauir - Book 2021 Page 1112 - Fonseca Lane

Road Project

Barbara A. Franklin - Book 2021 Page 1119 - Fonseca Lane - Road Project

Raymond and Delores McMahon - Book 2021 Page 1123 - Fonseca Lane

Road Project

Samuel Meidonick - Book 2021 Page 1115 - Fonseca Lane - Road Project

Charles Roger Abbott - Book 2022 Page 1370 - Jewell Drive - Road Project

Rosemary G. Hollingsworth - Book 2026 Page 0859 - Far West Avenue

Deerhaven Road Project

Elizabeth Foster - Book 2028 Page 2434 - Jewell Drive - Road Project



Statutory Warranty Deeds



Paul and Imogene Sayres - Book 2022 Page 1372 - Big Foot Way and Jewell Drive

Road Project

Henry Joe Wade - Book 2021 Page 1132 - Fonseca Lane - Road Project

Silver Fox Development, Inc. - Book 2017 Page 1761 - Hook Street - Road Project

FRA Investments, Ltd. - Book 2017 Page 1757 - Hook Street - Road Project

Calvin C. and Laverne Lee - Book 2018 Page 1087 - Indigo Road - CR 2 2310

Right of Way

Silver Fox Development, Inc. - Book 2028 Page 2425 - Hook Street - Road Project

Marshall H. Gaard - Book 2026 Page 0855 - Fonseca Lane - Road Project

Fidelity Properties Group, LLC - Book 2016 Page 2023 - 27/Glenbrook/Blvd.

Site Plan #00-06-81



Temporary Non-Exclusive Easement Deeds



Hancock Holding Company - Book 2020 Page 696 - East Dewey Robbins Road

CR 2 2729 - Road Project

FRA Investment, Ltd. - Book 2017 Page 1752 - Hook Street - Road Project

Silver Fox Development, Inc. - Book 2017 Page 1765 - Hook Street - Road Project



Accounts Allowed/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $694,326.58 that was posted for Las Colinas - Phase I subdivision.



Public Works/Resolutions



Request from Public Works for approval and signature on Proclamation 2001-234 declaring January 13th through 19th, 2002 as "Stop! Red Light Running" Week in Lake County.



COMMUNITY SERVICES (TAB 4)

Commr. Hill addressed Tab 4, the request for approval to submit an advertisement and press release for the Citizens' Commission for Children's Request for Proposals (RFP) and stated that Mr. Fletcher Smith, Senior Director of Community Services, and Ms. Emily Lee, Director of Children's Services, were present. She stated that she had pulled the request so that everyone would be clear on the $25,000 cap per proposal.

Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that staff wanted to make sure everyone was clear on the change to the RFP process. In the past, when a RFP was advertised, an agency could apply for funding up to $75,000, but this year they are limiting the funding request to $25,000 and will be recommending that the program be funded for a maximum of three years. He explained that this will enable the Children's Commission to continue to refocus on their priorities on a year by year basis, based on the needs of the community. He noted that the maximum amount that an agency received this year was $30,000, so this will be a $5,000 decrease this coming year. The total funding budgeted for grants this year is approximately $197,000.

Ms. Emily Lee, Director of Children's Services, addressed the Board and stated that they will be notifying all of the agencies to make sure that they are very clear on their intent. She feels that more agencies will be funded with this process.

Commr. Hill extended her appreciation to Mr. Smith and Ms. Lee for all of the work that they do with the Citizen's Commission for Children, and stated that she feels this will clarify the process, especially for the Board members, so that they can address possible calls from providers during budget time.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Community Services for approval to submit an advertisement and press release for the Citizens' Commission for Children's Request for Proposals.

PERSONAL APPEARANCES - EMPLOYEE AWARDS

Commr. Pool presented the following individuals with awards, as Ms. Helena Osborne-Ponci, Human Resources, presented information pertaining to their employment:

Presentation of Award to Employee with Five Years of Service



Wayne Frank, Associate Planner, Growth Management/Planning & Development
Doris Van Der Stuyf, Office Associate III, Guardian Ad Litem



Presentation of Awards to Employees with Ten Years of Service



Henry "Hank" Eschenberg, Jr., Senior Maintenance Worker, Facilities & Capital Improvements/Building Maintenance
René Segraves, Animal Control Field Manager, Emergency Services/Animal Control



Presentation of Award to Employee with Fifteen Years of Service


Douglas Harrison, Vehicle Maintenance Officer, Emergency Services/Fire Rescue



Presentation of Award to Employee with Twenty Years of Service


Deborah Boulware, County Extension Services Director, Agricultural Education Services





BOARD/COMMITTEE PRESENTATIONS



PRESENTATION OF PLAQUES



Library Advisory Board



Anne-Marie Norman for service from 1996-2001



PRESENTATION OF CERTIFICATES



Affordable Housing Advisory Committee



Colleen Burns for service from 1999-2001 (not present)
Bradley Mauck for service from 1999-2001 (not present)

Debbie Vanier for service from 1998-2001



Agricultural Advisory Committee



Brian Huffman for service from 1997-2001 (not present)
S. J. Stephany for service from 1997-2001 (not present)
Russell Bryan for service from 1997-2001 (not present)
Brad Blanton for service from 1997-2001 (not present)
Sue Morris for service from 1997-2001 (not present)
Nolan Joy for service from 1997-2001 (not present)
John Wages for service from 1998-2001 (not present)



Bicycle/Pedestrian Advisory Committee


Eloise Fisher for service from 2000-2001



Comprehensive Health Care Committee



Ron Benfield for service from 1999-2001 (not present)



Cultural Affairs Council



Virginia Barker for service from 1999-2001



Impact Fee Evaluation and Review Committee


Debbie Vanier for service from 2000-2001



Library Advisory Board


James Laux for service from 1999-2001 (not present)
Loretta Lynn for service from 1999-2001
Marilynn Nesbitt for service from 1998-2001



PRESENTATION - ANIMAL CONTROL



Commr. Pool presented the Outstanding Agency Award from the Florida Animal Control Association to Lake County Animal Control. It was noted that there were 15 Animal Control employees present to accept the award.

Commr. Hanson stated that she was in St. Petersburg, Florida, when Animal Control received the State Award, and she found that the Lake County Animal Control is very well respected for its Animal Control Division throughout the State.

Mr. Bill Neron, County Manager, stated that the employees of the Animal Control Division have one of the most difficult jobs in the County, and they are very diplomatic when working with other people's pets and neighborhood complaints, and they are a great resource for the people in Lake County.

PRESENTATION - LETTER OF APPRECIATION

Commr. Hanson read into the record a letter of appreciation to Mr. Chuck Corey who presented the Board with the handmade flag that has been displayed on the Historic Courthouse. At this time, Commr. Hanson presented Mr. Corey with the letter.

PUBLIC HEARING -

ORDINANCE - RELATING TO GOLF COURSES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-152, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING CHAPTER 6.14.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, TO BE ENTITLED GOLF COURSES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR STANDARDS OF GOLF COURSE DEVELOPMENT; PROVIDING FOR ENVIRONMENTAL PROTECTION BY EITHER PRIVATE REVIEW AND ENFORCEMENT THROUGH A RECOGNIZED CERTIFICATION PROGRAM APPROVED BY THE COUNTY OR THROUGH THE SUBMISSION OF A RESOURCE MANAGEMENT PLAN; PROVIDING FOR WATER RESOURCE REQUIREMENTS; PROVIDING FOR THE SUBMISSION OF A WRITTEN IRRIGATION PLAN; PROVIDING FOR A DROUGHT CONTINGENCY PLAN; PROVIDING FOR THE SUBMISSION OF A WATER QUALITY MONITORING PLAN; PROVIDING FOR PROTECTION OF HABITAT; PROVIDING THAT ALL PLANS BE APPROVED BY A CERTIFIED LANDSCAPE ARCHITECT OR CERTIFIED GOLF COURSE ARCHITECT AS APPROPRIATE; PROVIDING FOR THE SUBMISSION OF AN INTEGRATED PESTICIDE MANAGEMENT PLAN; PROVIDING FOR OTHER POLLUTION PREVENTION REQUIREMENTS; PROVIDING THAT EXISTING GOLF COURSES SHALL SUBMIT A PESTICIDE AND FERTILIZER MANAGEMENT PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the Board has before them the final draft of the proposed golf course ordinance. She extended her appreciation to Commr. Hanson, Mr. Allan Hewitt, Director of Water Resources, and Ms. Melanie Marsh, Assistant County Attorney, for working so diligently with staff on this particular ordinance.

Ms. Farrell referred to Page 9, Section 6.14.08 Land Use and Open Space, and stated that she would like to strike "up to fifty (50) percent of" so that C. reads as follows: "Designated golf course natural areas shall satisfy the required open space regulations for the development."

There was discussion regarding whether the Board had the most updated draft of the ordinance for review, with it being noted that the draft presented by staff included the noted language.

Commr. Hanson addressed the issue of parks that allow for active recreation and questioned whether the County would consider them as 100% toward the open space requirements.

Ms. Farrell explained that all passive recreation is considered as open space but, if it is a softball field, soccer field, driving range, or other type of active commercial recreation, staff does not consider it as open space, but farming areas for crops would be considered because they would be agricultural and you would have to defer back to the definition of open space.

In regards to the issue of water conservation, Mr. Hewitt explained that the Avon Park is the lower part of the upper floridan aquifer and, in Lake County, the deepest part of the Avon Park is about 320 to 350 feet.

Commr. Hanson questioned what the impact would be if the County was to restrict the golf courses in the Wekiva to only the urban node in Mount Plymouth/Sorrento.

Mr. Hewitt felt that there would not be a problem restricting golf courses in the Wekiva, as noted, but this language is not in this ordinance.

Commr. Hill stated that, during the Planning and Zoning Commission meeting, and she was not sure whether the Environmental Protection Advisory (EPA) Board had questions, but they did not approve a golf course, and the major discussion was on Section 6.14.09 Existing Golf Courses, and she sees that this language has not been changed at all.

Mr. Hewitt noted that, under Section 6.14.09, staff is discussing strategic plans that existing golf courses would give to them over a period of time.

Commr. Hill stated that she is totally agreeable with staff in this section, and she understands that the St. Johns River Water Management District (SJRWMD) does renew their consumptive permits, but she would like to see a time frame within this ordinance and not just upon renewal they have to submit to this, and she would like to have the language read as follows: Page 9, Section 6.14.09 - "for any existing golf course, the existing golf course should be encouraged over a five year phasing in period set forth by the County Manager."

Mr. Hewitt explained that the SJRWMD renews the Consumptive Use Permit every five years and, in conjunction with this permit, Lake County wants them to provide a strategic plan, as he explained. He did not feel the County could actually put time frames on them, because they may not be able to meet those time frames, so the strategic plan is letting them know what they are trying to do to make best use of their water resources. If they are not doing this, then staff can make a recommendation to the SJRWMD that they deny the Consumptive Use Permit.

Commr. Cadwell noted that there still seems to be some question that the Board and staff may not be working off of the same document today. He suggested that the Board take a short break, so staff can get the correct information for the Board.

RECESS & REASSEMBLY

At 9:45 a.m., Commr. Pool noted that the Board would take a 15 minute recess.

ORDINANCE - RELATING TO GOLF COURSES (CONTINUED)

Commr. Pool reconvened the meeting and announced that the Board would be taking a short break at 10:30 a.m. to go the Historic Courthouse for a presentation.

Staff noted that the Board had before them the latest draft of the proposed ordinance on golf courses, which included the deletion of the language on Page 9: "up to fifty (50) percent of" and, for clarification, at the request of Commr. Stivender, the inclusion of the words "St. Johns River Water Management District" when referring to the Consumptive Use Permit.

Commr. Hanson questioned what the requirements would be if the Board wanted language in the ordinance to restrict golf courses in the Wekiva only to the urban node.

Ms. Farrell explained that the requirements to address golf courses in the Wekiva could be placed in this ordinance, or it would involve a text change in the Comprehensive Plan, but either way, there would have to be two public hearings, with one being after 5:05 p.m., because it changes permitted land uses.

Commr. Cadwell stated that, after this hearing, a Commissioner may want to bring forward and place on the agenda the idea of creating an ordinance to address the requirements for golf courses in the Wekiva to be only in the urban node.

Mr. Sandy Minkoff, County Attorney, stated that the best thing to do would be to have the requirements in an ordinance, and to have a change to the Comprehensive Plan.

Mr. Hewitt explained that staff reviewed all data available in the United States pertaining to golf courses and they drafted the initial format, with many changes being made to it, since they started the process. He stated that this is the first ordinance in the State and copies have been sent to the Department of Community Affairs (DCA), the Department of Environmental Protection (DEP), and the Department of Agriculture, and it has been reviewed by numerous people, as noted in the material he presented to the Board, with their comments being incorporated into the document.

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

Mr. Egor Emery, Eustis, stated that he wanted to congratulate the Board on having the vision to put this ordinance together and, as they have learned, it is the first in the State. He stated that the Lake County Conservation Council discussed the ordinance last night, and they have some input they would like considered for the future on this particular issue. Mr. Emery stated that the proposed ordinance lacks location criteria, and they specifically believe that golf courses should not be in the Wekiva. He stated that the urban node is not well defined, there are no true boundaries, and they would like the Board to say that they do not want golf courses in the Wekiva, or in the Green Swamp. He further stated that there are other sensitive eco-systems that should be protected and not threatened by golf courses. Mr. Emery stated that a golf course is not classified as open space, and he was glad that they eliminated that language, but it needs to be stated that a golf course should be in an urban area, or a municipal area, and these are generally surrounded by golf course communities, so they know that their land designation is different than rural. He stated that they should be in areas where this is appropriate, perhaps adjacent to, or actually in, cities. Mr. Emery stated that they would like the Board to state overtly, in this particular ordinance, that the golf course, with its pro-shop and clubhouse, is a commercial operation, and it should be designated in a commercial area. It is an active recreation, but it is for profit and is designed to be a specific type of landscape, and it is clearly not an open space, not a rural setting, or undisturbed land. Mr. Emery stated that he would like to see the very effective ideas in the ordinance stated more forcefully, but they would like to congratulate the Board for the effort it has put forth, and they would like to encourage the Board to move forward and look at the long term issues. Mr. Emery stated that it is a great thing for the County to continue to do.

Commr. Hanson stated that she would respectfully disagree with Mr. Emery, because there is a very definite boundary of the urban node in the Wekiva Basin, and it is urban designation, and there is a line with legal description.

Commr. Pool explained that farming ventures, such as pastures and cattle operations, are certainly for profit, with the point being that there are a lot of these types of operations in the Green Swamp area.

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

Commr. Cadwell stated that he appreciated Commr. Hanson's efforts in staying on this ordinance and getting it to this point and, after this, he hopes that she will bring forward the other items she discussed, so that staff can begin working on them.

Commr. Hanson stated that she appreciated the work of staff, and she particularly appreciated the efforts to place it before so many others who have been very critical, to help make this ordinance evolve.

On a motion by Commr. Hanson, seconded by Stivender and carried unanimously by a 5-0 vote, the Board approved Ordinance 2001-152 relating to Golf Courses, as read by title only.

PUBLIC HEARING -

RESOLUTIONS - NON-AD VALOREM NOTICE OF INTENT

Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss the Notice of Intent to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments. Mr. Minkoff explained that this is the precursor to use special assessments. He stated that the Board passes a resolution each year in case the Board, during the budget process next year, determines that it would like to use special assessments for programs in the County, and it is not tied to any specific new special assessment. He stated that staff is recommending approval and the title does not have to be read, because it is a resolution and not an ordinance.

Commr. Pool 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. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Resolution 2001-235 for the Non-Ad Valorem Notice of Intent.

CITIZEN QUESTION AND COMMENT PERIOD

Contracts, Leases & Agreements/Water Resources

Ms. Nancy H. Fullerton addressed the Board and stated that she was speaking as a resident of Clermont who has had a great interest in the Lake Lowery conflict since March, 1998, and she also owns five acres in the Green Swamp. Ms. Fullerton stated that Polk County's ditch and drain attempt to divert water from the Green Swamp/Palatlakaha River Basin has essentially failed. Ms. Fullerton stated that she feels that the Settlement Agreement between Lake County, the Lake County Water Authority and Polk County (Tab 28) offers the opportunity to improve the flow of water to the north while providing safeguards to the amount of water that would be allowed to flow south in high water. She stated that the citizens and residents of Clermont are concerned about these high water events, and the function they perform for the whole Oklawaha River Basin and how much the Clermont Chain and whole system will lose during these times. She stated that she talked to Mr. Ron Hart, Water Resources Program Manager, Lake County Water Authority, and Mr. Michael Perry, Executive Director, Lake County Water Authority, yesterday about this question, because she is worried about the perceptions of the people in Clermont in that the lakes are disappearing in part because Polk County is stealing their water.

Ms. Fullerton stated that she is requesting the Board to ask Mr. Perry to address this issue today, and other issues including the hydrology of the Lake Lowery Basin, so that the people will understand the probable effects of the control structures on the amount of water they will get in high water times. She feels that the Clermont residents will find things much more acceptable, if that information is brought out, and it is of vital importance and vital interest in getting this acceptance in their area of this agreement. She feels that they should be encouraged to accept it (the settlement agreement) and that it is the best way of protecting and improving the northerly flow of these waters.

Mr. Sandy Minkoff, County Attorney, reminded the Board that his office handled the litigation on the County side, and the Board had the presentation from the consultant, and this is the second step of the settlement agreement. The first was the study of the area, and the consultants have been here twice and have essentially told the Board that there is no impact at all on the Clermont Chain by operating it above 131 N.G.V.D. (North American Geodetic Vertical Datum).

Mr. Perry addressed the Board and presented a detailed overview of the water shed. He had with him graphs representing existing conditions on Lake Louisa that were based on 1959 through 1997 data. He stated that whatever was happening in Lake Lowery has no effect on Lake Louisa, and the problems in the Clermont Chain is due to the rainfall deficit over the past 48 months, about a 50 inch rainfall deficit in Lake County. He further explained that there is no effect on drainage from these marshes as well. Mr. Perry noted that less than five percent of the time does it ever get above 131 N.G.V.D.

COMMISSIONERS

At 10:25 a.m., Commr. Cadwell left the meeting.

Contracts, Leases & Agreements/Water Resources (Continued)

Mr. Perry explained that the data being shown will certainly inhibit any short circuiting from the residents in South Lake County that Lake Louisa is being drained through Lake Lowery, because that is not the condition at all. Mr. Perry did feel that they were able to get more for the citizens of Lake County through the settlement negotiations.

Commr. Pool stated that people do not understand that they also artificially control the levels of the lakes allowing water to go north. He stated that some of the concerns have been that maybe the I-4 corridor, the culverts under I-4, and the road around Lake Lowery are to be maintained and left open so that they cannot disrupt or stop that flow.

Mr. Perry stated that, in regards to the settlement agreement, this is one of the things they are trying to do by working with Polk County and the SJRWMD to ensure that there are no impediments to the north flow, although there are some unnatural impediments that have been created such as I-4, but they can maintain the culverts and the flow between them.

COMMISSIONERS

At 10:30 a.m., Commr. Cadwell returned to the meeting.

Contracts, Leases & Agreements/Water Resources (Continued)

Mr. Perry stated that the Board, as well as the people in South Lake County, need to understand that Polk County has not been stealing Lake County's water and, because it is a very complicated technical issue, they need to spend some time in that part of the County with those folks, as the settlement agreement gets resolved.

Commr. Pool noted that the Board will be taking a vote on the settlement agreement relating to the Lake Lowery Administrative Appeal later in the day.

RECESS & REASSEMBLY

Presentations - Historic Courthouse

At 10:30 a.m., Commr. Pool announced that the Board will be taking a 15 minute recess to attend the unveiling of the roster board that notes those individuals who are currently serving in the armed forces, as a result of the September 11, 2001 world tragedy. The presentation will be made in front of the Lake County Historic Courthouse.

CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)

Committees/Reports/Water Resources

At 10:45 a.m., Commr. Pool reconvened the meeting. It was noted that Commr. Cadwell was not present.

Mr. Skip Goerner, Chairman, Harris Chain of Lakes Restoration Council, presented the Board with a copy of the Harris Chain of Lakes Restoration Council's Report to the Florida Legislature dated November 25, 2001. Mr. Goerner stated that, once the Board has the opportunity to look over the report, they will most likely find that there is a major disagreement between the scientific community on what to do and how well the projects are working. The Council has not made any recommendations yet, but they will be able to come to the Board soon with some recommendations, as well as an update of this report. Mr. Goerner extended his appreciation to the Board for their help and their funding. He encouraged the Board to contact the Council, if they can be of any help to them. Mr. Goerner stated that the County is very important to them, and they need to partnership. He noted that the Board's support letter is included in the report.

Commr. Pool extended his appreciation to Mr. Goerner for the efforts made by the Council.

Emergency Services/Fire Stations/Municipalities

Mr. Max Pullen, resident of Lady Lake, stated that last night, at the Town of Lady Lake meeting, there was an issue discussed about Emergency Medical Services (EMS) and fire services. He was given information that, some years ago, a fire truck was positioned at the Griffin Road location and, for some reason, it was pulled out and he questioned why it was removed. He also understood that a fire truck was slated to go in there a week or so ago, and it was canceled and diverted to the Fruitland Park Station and he questioned why this was done.

Mr. Bill Neron, County Manager, noted that yesterday he had distributed to the Board a copy of a letter he had received from the Town of Lady Lake requesting what the County's position would be on keeping Station 61open, if the Board accepted a proposal from the Villages to do a portion of the fire protection. After he began to review this issue, and after realizing the importance of it, he is requesting that staff be given until mid-January to provide the Board with adequate information and complete staff response, with alternatives, impacts, and recommendations, because there has not been a formal proposal, and they need to get a copy of the proposal, in order to prepare an adequate staff response. He explained that the Town of Lady Lake can still move forward and pass a resolution of their notice of intent to levy.

Commissioners

At 10:50 a.m., it was noted that Commr. Cadwell had returned to the meeting.

Emergency Services/Fire Stations/Municipalities (Continued)

Mr. Neron stated that, in response to the questions presented by Mr. Pullem, he did not know the history as to whether there was a truck at the Griffin Road location in the past, but he will look into the issue and get back with him. Secondly, there was some discussion earlier about moving some equipment on a temporary basis to the Griffin Road site, and he made an administrative decision not to do that at this point in time, because there are a lot of implications that staff needs to study on this issue. Mr. Neron stated that he and staff do not have enough information, at this point, to make a recommendation to the Board.

Commr. Cadwell stated that he has met with Mr. Neron several times to discuss this issue, and they both had concerns about doing something right away, and at the expense of the countywide service, so there are a lot of things that they need to know to make an educated decision about it.

Mr. Neron stated that, at the Town meeting last night, there was a group from The Villages with their one proposal, and there were concerns expressed by residents in Harbor Hills about the proposal and the closing or relocating of Station 61 and how this would affect their services. He felt there were some solutions, but he really wanted to approach this issue in a more deliberate fashion.

Commr. Hanson stated that she met with Mr. Neron and the folks from The Villages yesterday, and she wanted the Board to realize that the City of Lady Lake can pull out from the County fire system at any time, and they do not need the okay of the County.

Mr. Pullem questioned the reluctance of the County to do something when the equipment and manpower are available. He stated that it is not like these are added expenses and, even if it were a short term matter, it would still involve the safety factor for those residents during that period of time.

Mr. Neron stated that he is taking this discussion as direction from the Board that staff is to respond to the letter from the Town of Lady Lake and start preparing a study for Board consideration in mid-January.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ORDINANCES/GROWTH MANAGEMENT/COUNTY POLICY

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to explain the request from Growth Management for approval to advertise an Ordinance for a proposed change to A of Lake County Code, to provide an exemption for off-site removal of excavated material from stock ponds, shoreline dredging, or other activities not to exceed an acre. Ms. Farrell explained that, right now, no matter the size of the property, if someone is going to remove it off site, then it will be considered as a mine, and the individual will have to go through the mining site plan process, unless it is an agricultural endeavor.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote the Board approved the request from Growth Management for approval to advertise an Ordinance for proposed change to A of Lake County Code, to provide an exemption for off-site removal of excavated material from stock ponds, shoreline dredging, or other activities not to exceed an acre.

ORDINANCES/BUILDING DEPARTMENT/COUNTY POLICY

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the Building Code changes come into effect January 1, and she is requesting permission to advertise the changes to Chapter 6 Building and Construction to adopt the new Florida Building Code. Ms. Farrell noted that she spoke to Ms. Jean Kaminski, Homebuilders' Association, this morning and, if she has any changes, she will be getting them to staff before the December 18, 2001 reading, but a lot of them are administrative in nature.

Commr. Hanson noted that she, as well as Ms. Farrell and Mr. Dale Greiner, Building Services Director, have been meeting regularly with the Homebuilders Association, and a lot of the difficulties have already been worked out and there is more of an understanding of the homebuilders.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Growth Management to advertise proposed Ordinance amendments to Chapter 6 Building and Construction.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board and explained that the request pertaining to the Transportation Outreach Program (TOP) Agreement is to bring forward the monies from the State that were approved last year for the Hook Street project. It was noted that monies are coming out of the District 5 impact fees.

Commr. Pool noted that the request was in his district, and he was in favor of it.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval of the Transportation Outreach Program (TOP) Agreement between the Florida Department of Transportation and the Lake County Board of County Commissioners for the Hook Street Project (Financial Project No. 410982-1-58-01), from Hancock Road to U.S. 27 and approval of any required Resolutions (Resolution 2001-229).

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

RESOLUTION/STATE AGENCIES

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request from Public Works for approval to adopt a Resolution to enter into the Petroleum Cleanup Participation Program (PCPP) with the Florida Department of Environmental Protection (FDEP) for remediation of petroleum contamination at the Astatula Refueling Facility. Mr. Stivender explained that staff budgeted money the last couple of years knowing that this was going to occur ($100,000 or more). He explained that the facility was built in 1986; it was upgraded in 1992; between those two dates, there was a leak. He stated that this is part of the cleanup effort to resolve the problem, and the County is part of the State plan for cleanup. The request is to move forward into the State program, with a commitment from the local government to finish cleaning up the site. Mr. Stivender noted that Ms. Sharon Farrell, Senior Director of Growth Management, and Mr. Allan Hewitt, Director of Water Resources, have been basically in charge of the plan, and his staff has been making sure that they have been attentive to what they have asked them to do.

Commr. Stivender stated that the initial recommendation is $100,000 from the County to match the Florida Department of Environmental Protection's (FDEP) funding of $300,000 but, in the summary, it indicates that the total cost for the remediation project is currently estimated at $857,177, with the County being responsible for all costs.

Mr. Stivender explained that the $857,177 is the estimate being made by FDEP over the total time frame, with the time frame being unknown. He noted that the money will be coming out of the gas money right now.

Mr. Bill Neron, County Manager, explained that this is the initial phase and, as they get through this phase, they will be able to define future costs and a monitoring program.

Mr. Stivender noted that the County has not experienced any problems since 1992.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to adopt Resolution 2001-230 to enter into the Petroleum Cleanup Participation Program (PCPP) with the Florida Department of Environmental Protection (FDEP) for remediation of petroleum contamination at the Astatula Refueling Facility; entering into the PCPP obligates the County to provide a co-payment amount of $100,000.00 to the FDEP's funding of $300,000.00 as well as all additional costs associated with the completion of the project. Also, approval for Jim Stivender, Jr., Senior Director of Public Works to sign the "Agreement for Petroleum Cleanup Participation Program" as the Participant's (County's) representative party stipulated in the Agreement.



CONTRACTS, LEASES & AGREEMENTS/COMMUNICATIONS/PUBLIC WORKS

Ms. Peggy Dionne, Special Services Director, addressed the Board to discuss the request from Public Works for approval for the Chairman to sign an Amendment to the Motorola Contract. Ms. Dionne stated that her colleague on this project has been Ms. Kathleen Thomas, Operations Director for Solid Waste. She stated that, in April, 2001, the Board approved an initial project, in the amount of $4.29 million. Since that time, the County lost their Director of Emergency Services, and she and Ms. Thomas inherited the project. Ms. Dionne stated that their initial process was to look at the overall project, and to talk to some of the neighboring counties, because both Polk County and Orange County have a countywide radio system. She noted that they have gotten assurances, both from their colleagues in other counties, as well as from the State agency that oversees communication plans. In terms of the technical side of the project, they established a committee of users that meets by-weekly, which includes EMS, the fire department, the Sheriff's Office, and technical representatives from Motorola, which she referred to as the Team. She stated that they have a system redesign, and they are presently in the planning and zoning process, so there are several more steps to take in that regard before it will be approved on a site by site basis. At this time, she turned the presentation over to Ms. Thomas to talk about redesign.

Ms. Thomas addressed the Board and stated that the initial design of the project included eight different tower locations. They tried to site other tower locations that were already existing and explored leasing options on those towers, and the costs were fairly prohibitive for them. They worked with Motorola and they were very gracious in trying to meet their needs and, in looking at their system, they redesigned it and reduced the number of tower requirements from eight to five towers. Ms. Thomas noted that staff will be addressing the exact tower locations with the Board through the planning and zoning process. The new system will require a rebuild of an existing tower; the building of three new towers; and usage of a tower in the Royal Trails area that they are currently on a free lease status with Cox Communications, and they have already agreed to allow the County to stay on that tower. In the redesign process, they also recognized that the County had quite a few responsibilities that were not entirely funded. After looking at the system with Motorola, the Team decided that it would be to the County's benefit if they took that project and made it a turnkey operation and amended the contract to include the following:



Proposed Changes

(previously responsibility of County, previously not funded)

(previously responsibility of County, previously not funded)

(previously responsibility of County, previously not funded)

(previously partially funded)



Ms. Thomas stated that staff's proposal is to amend the contract and include all of the above noted items in the Motorola's contract and have them responsible for the entire project. She stated that staff feels there are a number of benefits from doing this, as follows:

Benefits

Ms. Thomas noted that the Sheriff has offered to have his office represent the County and maintain the towers, the buildings, and the grounds. They (the Team) met last week in their group meeting, and it was the consensus of the entire Team to allow the Sheriff to do that and they are very grateful to him and his staff for taking on that responsibility. She continued to review the benefits for the amended contract, as follows:

Benefits (Continued)

(The Sheriff's Office currently spends about $15,000 a year for tower leasing)

(Some quotes were $2,000 a month)

(Three towers will be tall enough to accommodate some lease opportunities for the County)

(previously County responsibility)

Ms. Thomas stated that the County still has some responsibilities that have been and will continue to be County responsibilities, as follow:

Responsibilities of County



(Ms. Thomas personally thanked Mr. Chip Weekley with the Fire Department who has been instrumental in helping them to obtain those frequencies.)

Ms. Thomas referred to the Contract Amendment Costs that were first offered to them by Motorola, which consisted of an additional $2,487,510, a credit for equipment in the amount of $317,000, with the Total Additional Costs for Amendment being $2,170,510. Ms. Thomas noted that the additional funding needed will be $1,130,510; however, Motorola did work late into the evening with them, and they asked Motorola to reduce that cost by ten percent (10%). In meeting with all of the Commissioners and the County Manager, they realized that there is a concern for the funding that is available and the additional costs. Ms. Thomas stated that Motorola did notify them last night that they will reduce the cost by ten percent (10%), which will reduce the overall costs to $1,921,759. This will require an additional $881,759 to the budget.

Ms. Thomas stated that the Motorola Radio Coverage Guarantee guarantees 90% coverage of the County. She reviewed Tower Maps with the Board noting a small area in the south end of the County and stated that, if the Sheriff's Office and the Fire Department are still having some communication problems, they may need to look at a receive only site in that area. In working with Orange County, they do have a tower that is located on Hartsock Road, and they have offered to work with Lake County and allow them to put a antenna on that location, if necessary. She stated that it will not be a major cost, if they have to add that location to the system, but she did want the Board to know that this may occur.

Ms. Thomas stated that the County may also incur some additional costs, if any of the locations are determined to have substandard soil qualities, and they do feel that at least one of the locations will have a problem. They will also incur any additional costs for anything that shows up as a problem in the environmental studies, but they do not anticipate anything at this time.

Ms. Thomas stated that there are some key dates to remember to keep this system moving forward and on time. Staff is going to Chicago in March, 2002, to see a demonstration of the system, and they hope that the Lake County system will be operational in June, 2002.

Ms. Thomas noted that the Motorola staff is present today to answer any technical questions, and she wanted to thank the Team for all of their help, and who are still not on line with the County, but may potentially join the system.

Commr. Cadwell stated that the Board knew that, when they made the commitment to the project, there were things that had not been budgeted, so it is not monies that they did not anticipate they were going to have to spend.

Commr. Stivender congratulated staff for their successful negotiations with Motorola. She stated that, in regards to the landscaping requirements, this was an anticipated cost and, with a lot of the towers that have been done in the past, landscaping was not a requirement and, if it is required, the Sheriff has already stated that he will supply the plants and plant them, so some of the costs will still come down in certain areas.

Mr. Bill Neron, County Manager, stated that he was concerned when he got a progress report on this issue a few weeks ago about the additional funding that was needed and he wanted to congratulate Ms. Dionne and Ms. Thomas and thank Motorola for their cooperation. He did meet with staff and found that the additional funding is available in the reserves for the local option sales tax. He will be bringing back to the Board whatever budget amendment is needed so they can proceed with this on a timely basis. Mr. Neron stated that this is the basic backbone of infrastructure for the County's public safety communications, and it is one of those major investments that they need to make and it is vital part of the public safety response for the community that they need to keep up to date in a growing community. He stated that hopefully this can be just a start of future projects where everybody can work together to get something done for the benefit of the public.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval for the Chairman to sign an Amendment to the Motorola Contract.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS



Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the Developer's Agreement between Lake County, Solo Development Corporation, and John P. Adams and Ann D. Adams Partnership and Jaymark Builders & Developers, Inc. and Carter-Hancock Road Land Trust for roadway improvements on South Hancock Road at the intersection of SR 50, in conjunction with the Hook Street Project. Mr. Stivender explained that the agreement is a public/private partnership to pay them impact fees and credits to construct temporary roadways to allow traffic to continue to move. They are going to be using private property and temporary easements to build the roadway while they cut down the hill. He stated that they are scheduled to complete the project some time after the completion of Hook Street, so there will be a need to coordinate efforts between the County and the City of Clermont and their police department. He noted that Hook Street is on schedule.

Commr. Pool noted that the request is in his district, and he was certainly in favor of it.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval and execution of a Developer's Agreement between Lake County, Solo Development Corporation, and John P. Adams and Ann D. Adams Partnership and Jaymark Builders & Developers, Inc. and Carter-Hancock Road Land Trust for roadway improvements on South Hancock Road at the intersection of SR 50, in conjunction with the Hook Street Project in the amount of $1,092,487.54.

Mr. Stivender referred to Tab 18 under the County Manager's Consent Agenda and reminded everyone that January 13 through 19, 2002 is "Stop! Red Light Running" Week in Lake County, and the local police departments will be out in force.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/STATE AGENCIES

Commr. Cadwell referred to the letter in the backup from the Florida Department of Transportation (FDOT) asking that Ms. Diane Poitras be appointed as the member that Ms. Karen Adamson remain as the alternate. He noted that the agenda item notes Ms. Poitras as the alternate member, so the motion needed to be made clear that Ms. Poitras would be the member and Ms. Adamson the alternate member. He also wanted the Board to recognize Mr. Thomas Fernandez who served a long time on that Board.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for the appointment of Diane Poitras as the Florida Department of Transportation's representative on the Transportation Disadvantaged Coordinating Board.

It was noted that Ms. Karen Adamson will remain as its alternate member, and the Board will recognize Mr. Thomas Fernandez for his service on the Board.



REPORTS - COUNTY ATTORNEY

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

Commr. Cadwell extended his appreciation to Commr. Pool for continuing with the Board's direction and working through the settlement agreement process relating to the Lake Lowery Administrative Appeal.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval of the Settlement Agreement for DOAH Case No. 98-1879 and 98-1221 relating to the Lake Lowery Administrative Appeal.

Mr. Sandy Minkoff, County Attorney, noted that there were some closed session minutes regarding this matter and that, once this item is concluded, they will become part of the minutes today.

ASSESSMENTS/RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval of Amended Resolution 2001-231 regarding the Release of Special Assessment against property located in Astor Forest Campsites.

COUNTY MANAGER - REPORTS

COMMUNITY REDEVELOPMENT/MUNICIPALITIES/OTHER COUNTIES/TAXES

Mr. Bill Neron, County Manager, informed the Board that earlier this week he had distributed to the Board, for their information, a memo relating to the proposed creation of a Community Redevelopment Agency for the Carver Heights/Montclair Area of Leesburg. Mr. Neron stated that, in staff's review of the proposed creation of the district, it appears to meet State Statutes and, while they do not have any actual recommendation for the Board to take any action opposing it, staff did want to bring this issue to the Board and let them know that there is some controversy in other areas of the State, with relationship to the creation of Community Redevelopment Agencies and how they affect the county's tax base, and from a county's perspective for potential misuse of these areas, as he explained. It was his understanding that the Florida Association of Counties, as part of its legislative program, is asking the legislature to further clarify their blighted area and the creation of the CRA's, and to give the County a greater role in the future creation of districts of this type.

Commr. Cadwell stated that the letter of the law in most cases seems to be fine for the creation of CRA's, but the spirit of the law and what they were truly set up to be seems to be an issue, with the definition coming to the forefront now. He noted that they are monitoring it through the session and asking for some help from the State. He further noted that he did not believe that the CRA before the Board today was one of concern to them.

Mr. Neron stated that, since the City of Leesburg meets next Monday, he wanted to bring this issue to the Board today, so the Board could have an opportunity to take action on it, if the Board wanted to take a position, but staff is not recommending that the Board take action at this point in time.

Commr. Stivender noted that she worked in the City of Leesburg and this is a blighted area, and it does meet the requirements, but there may have been others that were done that did not meet the requirements.

Commr. Cadwell stated that, since the Board was not giving the County Manager any direction, then the item did not need to be placed on the agenda for a vote.

Mr. Neron noted that he was not going to do anything with the request, unless the Board affirmatively directed him otherwise and that this was more of an information item than an action item.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

PUBLIC WORKS/RESOLUTIONS

Commr. Hanson stated that Florida Concrete Culvert Corporation donated concrete pipe to Public Works in the Astor area during the recent flooding, and she believed that the culverts were worth about $5,000.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2001-232 extending appreciation and gratitude to Florida Concrete Culvert Corporation for its donation of concrete pipe to the Board of County Commissioners.

Commr. Hanson asked that the resolution be presented at a future Board meeting.

PUBLIC WORKS/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2001-233 extending appreciation and gratitude to Curtis Craig for notifying the Board of County Commissioners of the location of its stolen bulldozer.

It was noted that the resolution would be presented at a future Board meeting.



REPORTS - COMMISSIONER CADWELL - DISTRICT #5

HEALTH CARE/BUDGETS/LEGISLATURE

Commr. Cadwell updated the Board on the Florida Association of Counties' meeting that was held last week in Tallahassee. He stated that, in an attempt to shift nearly $43 million in additional Medicaid costs to the counties and about $1.5 million in Lake County, the House Bill failed to get the two-thirds votes for an unfunded mandate shift to the counties. Also the Senate's budget package for this year does not include the cost shift, so they feel relatively certain that this will not happen this year. Commr. Cadwell extended his appreciation to Senator Anna Cowin for not placing that item in the budget, and to the House of Representatives for listening to them while they were there.

Commr. Hanson stated that she appreciated the efforts made by Commr. Cadwell, however, she did feel that this issue will be discussed during the next session.

Commr. Cadwell stated that the item is in the legislative packet for the session that is going to start in January, 2002.

Commr. Hanson stated that there are concerns that, if they do pass it on and the Board cannot prevent this from happening, then they need the funding source, or the ability to have the funding source.

Commr. Cadwell stated that, at this next session, he anticipates that, besides the redistricting everyone will be going through with the budget crisis, this issue will be one of the most difficult, so it will be even more important that they stay in touch with the Florida Association of Counties and support staff who will be lobbying and doing what they can to protect their interest.

ADDENDUM NO. 1 -

REPORTS - OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Mr. Bill Neron, County Manager, stated that the Board had wanted to know the impacts of the change in the Commission districts on committee appointments.

Mr. Sandy Minkoff, County Attorney, stated that the Board had wanted staff to bring back a list of people that are being affected by the change in the Commission districts, and staff is giving the Board a list of those people who have been impacted by the change. Staff needs direction to either let these people serve out their terms, or elect to change them.

Commr. Pool stated that the new lines did create such a problem, however, every member was appointed by a Commissioner to serve and, unless his fellow Commissioners have a problem, he would rather wait until there is an election.

Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve that the appointments to boards and committee remain the same and that they serve out their terms.

Under discussion, Commr. Cadwell noted that there will be three members now on the Planning and Zoning Commission that will reside in District 5.

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

COMMISSIONERS/MEETINGS

Mr. Bill Neron, County Manager, informed the Board that the Board Retreat scheduled for January 11, 2002 has been rescheduled to February 1, 2002 for the Board to meet with Dr. Michael Lillibridge.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:40 a.m.





ROBERT A. POOL, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR/BOARDMIN/12-4-01/12-11-01