A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

FEBRUARY 5, 2002

The Lake County Board of County Commissioners met in regular session on Tuesday, February 5, 2002, 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; Debbie Stivender; Jennifer Hill; and Catherine C. Hanson. Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Bill Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

The Chairman opened the meeting.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, with several items on it.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of December 18, 2001 (Regular Meeting), as presented.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 8, 2002 (Regular Meeting), as presented.

CLERK'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Bonds - Contractor



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



New



5364-02 Tom Lane d/b/a Tom Lane Construction (Residential Builder)

5719-02 Bradley Alan Raver d/b/a Raver Roofing, Inc.

5747-02 Donald M. Bowman d/b/a Alltype Marine Construction

5883-02 Greg Boisvert d/b/a All in One Plumbing and Gas, Inc.



Cancellations



3018-01 George Klokis

5124-02 Pete Ciraco

5408-01 Herb Fette



Accounts Allowed



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



Accounts Allowed/Reports



Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending December 31, 2001, in the amount of $120,158.18. Same period last year: $128,138.31.



State Agencies/Utilities



Request to acknowledge receipt of Notice of Intent to Prepare an Environmental Assessment for the Proposed Phase VI Expansion and Request for Comments on Environmental Issues from the United States of America Federal Energy Regulatory Commission, Florida Gas Transmission Company, Docket No. CP02-27-000. Mail comments (an original and two copies) to the following address, allowing enough time for them to be received in Washington, D.C. on or before February 8, 2002:



Linwood A. Watson, Jr., Acting Secretary

Federal Energy Regulatory Commission

888 First Street, N.E., Room 1A

Washington, DC 20426



Comments may also be filed electronically via the Internet, in lieu of paper, at http://www.ferc.gov.



COUNTY MANAGER'S CONSENT AGENDA



Commr. Hanson questioned the hourly wage indicated in Tab 3, noting that the current hourly wage in Lake County is $11.63, and was informed that the request was based on the time that the application was filed and the hourly wage at that time was $10.90.

Commr. Hanson then requested that the Board be provided with the total amount of dollars that are currently in Contingency, as well as a report on how much the County is spending to haul leachate out of the County.

Mr. Bill Neron, County Manager, stated that he would provide the Board with said information at a later date.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Accounts Allowed/Contracts, Leases and Agreements/Economic Development





Request from Economic Development for approval of agreement to award Jobs Growth Investment Trust Funds to Florida Underground Services, L.L.C. (d/b/a Ditch Witch of Central Florida and South Florida), in the amount of $45,000.00, for the creation of fifteen new positions, paying at least 125% of the Average Annual Hourly Wage of $10.90 in Lake County.





Accounts Allowed/Facilities and Capital Improvements/Courts-Judges



Request from Facilities and Capital Improvements for approval and funding of final changes in the overall project budget for the build out of Courtroom Eight and Judges Suites 9 through 12; and execution of final change orders necessary to close the project out, as indicated in the project financial status report to Strollo Architecture, Inc., not to exceed $35,870.00.



Accounts Allowed/Budgets/Budget Transfers/Fiscal and Administrative Services-Budget

Resolutions



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



Budget transfer from Contingency - General Fund, in the amount of $12,500.00, to Non-Departmental, Aids to Private Organizations. Funds are needed to pay the invoice from the East Central Florida Regional Planning Council for Lake County's portion of the Four Corners Services Needs Study. The Board of County Commissioners approved this expenditure at the September 4, 2001 Board Meeting.



Budget transfer from Contingency - Landfill Enterprise Fund, in the amount of $324,000.00, to Solid Waste Management Services, Astatula Outside Disposal. Additional funds are needed to pay for transportation and disposal of leachate.



Resolution No. 2002-17, amending the Law Enforcement Trust Fund, in order to receive unanticipated revenue for Fiscal Year 2001/2002, in the amount of $132,604.00, from Confiscated Property; and to provide appropriations for disbursement for operating expenses, machinery and equipment, and grant.



Check Request (Direct Pay) from the Sheriff's Office, for payment of expenses from Law Enforcement Trust Fund. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $98,442.83.



Contracts, Leases and Agreements/Fiscal and Administrative Services - Procurement Services



Request from Fiscal and Administrative Services - Procurement Services for approval and authorization to amend Contract No. 01-003, to provide a one-year time extension for Hartman & Associates, Inc., to provide a Water, Wastewater, and Reuse Feasibility Study.



Accounts Allowed/Fiscal and Administrative Services - Risk Management



Request from Fiscal and Administrative Services - Risk Management for approval to renew the County's Storage Tank Liability Insurance Policy, subject to the County Attorney's review and approval, in the amount of $1,661.00.



Contracts, Leases and Agreements/Growth Management



Request from Growth Management for approval of Special Master's Settlement Agreement with Shamrock Homes, Inc. (SM-10-01).



Public Works/Resolutions



Request from Public Works for approval of Proclamation No. 2002-18, proclaiming the week of February 18-22, 2002, officially declared as National Engineers Week in Lake County; and approval for presentation by the Chairman.



Deeds/Public Works



Request from Public Works for approval and authorization to accept Drainage Easement Deeds, Statutory Quitclaim Deeds, and Temporary Non-Exclusive Easement Deeds, as follows:



Drainage Easement



D. C. Properties,

a Florida General Partnership

Marion County Road (CR5-8010)





Langley Groves, Inc.,

a Florida corporation

Marion County Road (CR5-8010)



Statutory Quitclaim Deed



Stanley and Mary Carol Maynard

Fonseca Lane Road



Stanley and Alice Pogoda

Jewell Drive



H. Garrett and Valerie Hale, et al

Lane Park Cutoff Road (CR3-3344)



Dean and Karen Ellis

Orange Avenue (CR2-2219)



Andrew and Jonarea Hansen

Orange Avenue (CR2-2219)



Temporary Non-Exclusive Easement Deed



Dean and Karen Ellis

Orange Avenue (CR2-2219)



Andrew and Jonarea Hansen

Orange Avenue (CR2-2219)



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



Request from Public Works for approval and signature on Resolution No. 2002-19, authorizing the posting of 35 mph speed limit signs on David Walker Drive (CR 4756).



Accounts Allowed/Contracts, Leases and Agreements/Public Works/State Agencies



Request from Public Works for approval and execution of a Stipulation of Parties Agreement between Lake County, Florida Central Railroad, and the Florida Department of Transportation, relating to the opening, construction, and maintenance of the Huffstetler Drive railroad highway grade crossing and improvements to the existing County Drive and Lake Dora Circle crossings, in the amount of $8,640.00 (annual maintenance fees).



ADDENDUM NO. 1



COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)



Accounts Allowed/Budgets/Budget Transfers/Fiscal and Administrative Services-Budget

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



Budget transfer from Contingency - General Fund, in the amount of $40,114.00, and Contractual Services, in the amount of $36,667.00 (total amount $76,781.00), to Fiscal and Administrative Services, Personal Services. Additional funds are needed to provide for the upgrade of one Limited Term GIS Analyst I position to a Limited Term Senior GIS Analyst position; upgrade one Contractual GIS Analyst position to a Regular Senior GIS Analyst position; and add two part-time Limited Term Contractual GIS Analyst positions. These changes are needed to complete the Parcel and Zoning Layers by August, 2002.



Budget transfer from Contingency - Solid Waste Capital Projects, in the amount of $359,247.00, and Interest, in the amount of $390,753.00 (total amount $750,000.00), to Solid Waste Management Services, Principal. A payment is due on the Solid Waste Line of Credit - $2,000,000.00 on principal and $250,000.00 on interest. Additional funds are needed to pay the principal.



Budget transfer from Contingency - Sheriff, in the amount of $10,000.00, to Constitutional Offices/Sheriff, Law Enforcement Operating. Pursuant to F.S. 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/County Employees/Human Resources



Request from Human Resources for approval of a new Senior GIS Analyst, in the Department of Fiscal and Administrative Services, Geographic Information Services Division, in the annual amount of $51,712.00.



PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS



PERSONAL APPEARANCES



EMPLOYEE AWARDS



The Chairman presented Employee Awards, as follows:



Award to Employees with Five Years of Service to the County



Dale T. Greiner, Building Services Director, Growth Management/Building Services

Eric S. Palmer, Fire Lieutenant/EMT, Emergency Services/Fire Rescue



Jerod B. Blevins, Mechanic, Public Works/Fleet Maintenance (Not Present)



Award to Employees with Ten Years of Service to the County



Michael S. Cordle, Fire Lieutenant/EMT, Emergency Services/Fire Rescue



Randy P. Dean, Area Maintenance Supervisor, Public Works/Maintenance Area III



Award to Employees with Fifteen Years of Service to the County



Marcella M. Donaldson, Community Services Officer, Community Services/Probation



Gary G. Steverson, Equipment Operator III, Public Works/Maintenance Area III (Not Present)



Award to Supervisor of the Quarter



Charlene P. Smith, Assistant Library Director, Community Services/Library Services



PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS

PERSONAL APPEARANCES

EMPLOYEE RECOGNITION

The following employees were recognized for their efforts in creating and producing the State of the County Calendar:

Ms. Jane Reich

Ms. Patti Michel

Ms. Wendy Taylor

Ms. Treeva Wayne

Ms. Denise Gainer

Ms. Beverly Amerson



PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS

PERSONAL APPEARANCES

EMPLOYEE RECOGNITION

The Chairman presented Certificates of Appreciation, as follows:

Recognition to Fire/Rescue Personnel at an Emergency Scene

Mr. Mike Cordle, Fire Lieutenant/EMT, Emergency Services

Mr. Eric Palmer, Fire Lieutenant/EMT, Emergency Services

Mr. Frank LaFleur, Deputy Chief, Emergency Services



PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS

PERSONAL APPEARANCES

GROWTH MANAGEMENT

Mr. Paul Fallman, Fallman Design and Construction, was presented with a plaque for constructing Lake County's first certified "Green Home."

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and informed them that Mr. Fallman's "Green Home" is located in Clermont and is the first home to be certified under the Florida "Green Home" designation. She stated that it is durable, resource efficient, and achievable. She further stated that it will use 50% less power than the standard construction and it meets the national standard for residential energy efficiency. She stated that other features of the "Green Home" include solar water heating, drought tolerant landscaping, a micro-irrigation system, a central dehumidification ventilation advanced filtration system, wood and tile flooring in the main living areas, a direct vent gas fireplace, and Corian counter tops. Its duct system is engineered to be installed inside the home, rather than outside, which significantly improves the energy efficiency and is meticulously taped to form a vapor barrier, to aid in the prevention of moisture intrusion, which helps not only with energy efficiency, but with health issues, as well. She stated that there is cost effectiveness and streamlined production in the home, noting that, by Mr. Fallman using off the shelf products and improving concepts, he was able to not only build a beautiful home, but one that is energy efficient and health conscious. She stated that the County was excited about this project and the whole "green building" concept, the points, and the LED system that the County is about to embark on.

Commr. Hanson read into the record a Resolution that will be presented to Mr. Fallman at a later date acknowledging the "green home" concept and the fact that the Board will join leaders around the nation to foster "green buildings", in that they believe creating "green building" communities in Lake County is an important goal and will incorporate "green building" principles and practices. She stated that the whole concept behind a "green home" is to create a marketing concept where people will want to buy this type of home. She stated that it is becoming more and more cost effective and she applauded Mr. Fallman for his initiative in constructing such a home. She stated that the County's challenge is to allow others to construct "green homes" and, when they come up with a good idea, to make it easier for those ideas to be accepted. She directed staff to include the "green building" checklist on the County's website, for those builders that may look at it and see things that they can put into practice, even if they don't do everything on the checklist.

PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS

PRESENTATION

ENVIRONMENTAL PROTECTION ADVISORY BOARD

Dr. Robert W. Taylor, Chairman of the Lake County Environmental Protection Advisory Board (EPAB), addressed the Board and presented the Annual Report on the Environment. He thanked the Board for allowing the EPAB to fill the role that it has played, noting that it has made a number of recommendations to the Board over the years, most of which they have gone along with. He noted, however, that sometimes they send something to the Board that does not find a receptive ear, but they appreciate being able to work with the Board and make recommendations. He addressed the issue of septic tanks, noting that the EPAB recognizes the fact that what worked for the County when it was a sparsely populated agricultural county is not going to work for the County as it continues to develop and its population grows. He stated that there are a lot of changes taking place in the County, which makes it difficult for the Board and elected officials in the County to know where to put that line between doing things that are necessary and not doing things that are not necessary.

Commr. Cadwell informed Dr. Taylor that, if the EPAB feels there is something regarding the County's water resources that the Board needs to hear or address, they bring it to the Board's attention as soon as possible.

Commr. Hanson suggested that Ms. Farrell consider putting the recommendations contained in the report from the EPAB on the County's website. She stated that she felt staff would probably be bringing some of them before the Board for action.

Commr. Cadwell stated that he was concerned about the perception that doing that would give. He stated that there may be things that the EPAB has recommended, but the Board has no intention of moving in that direction, which would be a disservice to everybody. He suggested that the Board be given an update on the County's website and how the process works.

Mr. Bill Neron, County Manager, interjected that said issue is under review at the staff level, as well as some improvements that can be made in the whole public information function, however, noted that he was not prepared to present it to the Board at this time. He stated that there is technology and software available that the County can utilize that will significantly enhance its public information efforts. He noted that staff will be presenting something to the Board at a later date.

ACCOUNTS ALLOWED/GRANTS/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and brought them up-to-date on the Habitat Conservation Plan, noting that she was recently informed by the United States Fish and Wildlife Service that the County is the recipient of a $59,000.00 federal grant, to implement the Habitat Conservation Plan and map out scrub jay habitats in Lake County.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Mike Perry, Director, Lake County Water Authority, addressed the Board stating that the Water Authority has rescheduled the Regional Water Summit for March 6, 2002, to be held from 9:00 a.m. to 1:00 p.m., at the Jenkins Auditorium, in Clermont.

Commr. Hanson suggested that the title be "Water Conservation Summit", rather than "Water Summit".

Ms. Nancy Fullerton, Save Our Lakes Committee, addressed the Board stating that she was concerned about the Habitat Conservation Plan, alluded to by Ms. Farrell, noting that it sounds like a mitigation program to her and she wanted the Board to know that she felt mitigation should be the last choice in dealing with sensitive lands and wetlands.

Commr. Pool informed those present, for informational purposes, that there will be a meeting at Jenkins Auditorium, in Clermont, on Thursday, February 7, 2002, for the purpose of introducing a new environmental organization, consisting of citizens who want to help foster good environmental planning. He noted that former Representative Everett Kelly is scheduled to be the main speaker.

Mr. Roy Hunter, President, Northeast Lake Chamber of Commerce, addressed the Board and thanked Commr. Pool for inviting him and others in the community to the Board Retreat that was held recently in Clermont, noting that it gave them a whole new way of looking at the Board and at county staff.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

GROWTH MANAGEMENT/ORDINANCES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to advertise an Ordinance amending Article III, Chapter 14, Lake County Code, relative to Vegetation/Nuisance Abatement.



OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES/IMPACT FEES

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. Carl Lunderstadt as the Industrial Development Authority's representative on the Impact Fee Evaluation and Review Committee. APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Ms. Karen Howard as the Umatilla Public Library's alternate member on the Lake County Library Advisory Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Ms. Rhonda Gerber to a vacant at-large position on the Library Advisory Board, to complete a term ending October 1, 2004.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board appointed Mr. Harry Petersen to a vacant at-large position on the Library Advisory Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Ms. Barbara Newman to a vacant at-large position on the Library Advisory Board, to complete a term ending October 1, 2002.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/LIBRARIES

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to pull the appointment of Mr. Harry Petersen as the Mt. Dora Public Library's alternate member on the Lake County Library Advisory Board until a later date.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/TOURIST DEVELOPMENT

RESOLUTIONS

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-20, appointing Mr. Bob Lovell, Mayor of the City of Leesburg, to the Tourist Development Council, under the category of Elected Municipal Official, to complete the unexpired term of Mr. Ben Perry, which expires December 1, 2002.

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-21, supporting Lake County's "Green Building" principles and practices.

RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2002-22, designating February as the month to honor American Veterans wounded in combat.

REPORTS

COMMISSIONER HILL - DISTRICT 1

MISCELLANEOUS

Commr. Hill informed the Board that this is Mardi Gras weekend in Leesburg and invited everyone to attend the celebration and party.

REPORTS

COMMISSIONER STIVENDER - DISTRICT 3

MISCELLANEOUS

Commr. Stivender informed the Board that the County is planning to have the March of Dimes Kickoff with staff on February 19, 2002, at 8:30 a.m., and noted that a presentation will be given to the Board at 10:00 a.m. on said date, by Mr. Rob Davis, the representative for March of Dimes this year.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-23, declaring February 16, 2002, as a day of recognition of the rich history of our great county.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-24, expressing appreciation and gratitude to Ms. Barbara Lightner, for her contributions to the community through Joining Hands, Inc. of Florida.

REPORTS

COMMISSIONER POOL - DISTRICT 2

WATER RESOURCES

Commr. Pool thanked those Commissioners who attended the Water Summit that was held recently at the Orange County Convention Center. He stated that the Summit was well attended and he feels the County is heading in the right direction, as a regional approach for managing its natural resources and water conservation, and would like to see the Board continue to participate and go forward with it.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

WASTE-TO-ENERGY FACILITY

Commr. Hanson informed the Board that she felt they needed to consider having another Closed Session regarding the Waste-to-Energy Facility.

Mr. Bill Neron, County Manager, stated that he and Mr. Sandy Minkoff, County Attorney, feel that sometime in March would be an appropriate time to hold a Closed Session regarding said matter.

Mr. Minkoff stated that he would be placing an item on the Agenda later this month requesting that the Closed Session be held.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

UTILITIES

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda a discussion regarding the County helping to facilitate a water utilities alliance.

A brief discussion occurred regarding the matter, at which time Mr. Bill Neron, County Manager, informed the Board that staff would be bringing something back to them at a later date, with regard to how the County can approach the issue and what staff sees as goals, objectives, and tasks for such an alliance to accomplish.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board directed staff to develop a framework and process by which the various utilities and cities within the County can come together and discuss the County's water shortage, particularly dealing with its water conservation and usage, by March 6, 2002, at which time they can work on the technical aspect of a water utilities alliance.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:05 a.m.







________________________________ ROBERT A. POOL, CHAIRMAN





ATTEST:





________________________________

JAMES C. WATKINS, CLERK



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