A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 7, 2002

The Lake County Board of County Commissioners met in regular session on Tuesday, May 7, 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; 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. Cadwell gave the Invocation and led the Pledge of Allegiance.

INTRODUCTIONS

Commr. Hanson introduced Ms. Suzanne Pelcha and stated that she is a shadow with the Board as part of Leadership Lake County 2002, and she is also with the American Cancer Society.

AGENDA UPDATE

Mr. Sandy Minkoff, County Attorney, informed the Board that the closed session, which was scheduled for 11 a.m. today, has been moved to next Tuesday at 10:30 a.m., in order to meet advertising requirements.

Mr. Bill Neron, County Manager, stated that the Board has an Addendum with several items under the County Manager's Consent Agenda, and a couple of discussion items. He stated that the Board has several presentations scheduled for the morning of May 14, 2002, and he would like the Board to consider reconvening at 1:30 p.m., to have some staff presentations on some alternatives for funding solid waste collection and disposal. Mr. Neron stated that he would like to have that added to next week's agenda. He stated that, in regards to the presentation by Ms. Teresa Watkins, University of Florida/IFAS, Florida Yards & Neighborhoods Multi-County Coordinator, she is experiencing transportation difficulties, and staff will probably need to cancel that presentation today and reschedule it at a later time.

Commr. Cadwell stated that, under his business, he would like to add to the agenda recognition of Alee Academy in Umatilla, and it will require a vote.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the item regarding Alee Academy.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 19, 2002, 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 March 26, 2002, Regular Meeting, as presented.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 2, 2002, 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 April 9, 2002, Regular Meeting, as presented.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 16, for the following requests:

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



Request to approve the following Contractor Bonds:



New



5759-02 Darrell Driggers d.b.a. D. T. Driggers Roofing Inc. (Roofing)

5888-02 Jeffrey Knowles d.b.a. Knowles Excavating & Concrete Inc.

5901-02 Bob Cardinal

5902-02 Jakab Zoltan d.b.a. Jakab Zoltan Irrigation Consulting Services

5903-02 Hamlin Inc. d.b.a. Eden Lawn Care (Irrigation/Sprinkler)

5904-02 Robert James Boston II d.b.a. Imperial Irrigation

5905-02 Walter Parks Messick. Jr. d.b.a. Messick Irrigation Systems

5906-02 Michael J. Stauffer (Irrigation)

5907-02 James David Wells d.b.a. Wells Concrete

5908-02 Tony L. Crawford d.b.a. Precision Sprinkler Systems

5909-02 Mike Celmer

5910-02 John Hart's Irrigation, Inc. (Lawn Maintenance/Care)

5911-02 James M. Watson d.b.a. Quality By Design, Inc.

5912-02 Robert Johanningsmeier d.b.a. All Wet Sprinkler Systems

5913-02 Robert C. Willey's Irrigation & Landscape Company

5914-02 Jim Riser (Irrigation Maintenance)

5915-02 South Lake Irrigation/Danny Gaughan (Irrigation)

5916-02 Phil Johnson d.b.a. Landscape & Irrigation Company

5917-02 Ed Buffington d.b.a. Buffington's Experienced Landscaping, Inc.

5918-02 Subash Murray/Miramonte Central Florida, Inc. (Irrigation)



Cancellations



4684-02 Charles K. Pepper (Heating Ventilation & Air Conditioning)

5806-01 Dial Coley Johnson/John D. O'Connor Sr. & Sons/Cool Air of Ocala Inc

5840-02 Jeff Clark Poag d.b.a. Airzona Air (Air Cond. & Heating)



Rider



Principal's name change: Dennis Schek d.b.a. Dennis Schek and Son, Inc.



Accounts Allowed/County Property



Request to approve the list of items to be deleted from Fixed Assets for the month of April, 2002, in the amount of $73,936.30.



Accounts Allowed/Courts-Judges



Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending March 31, 2002.



Disbursements due to Board: $198.474.31

Same period last year: $186,220.73



Reports/SWFWMD



Request to acknowledge receipt of the Comprehensive Annual Financial Report of the Southwest Florida Water Management District for the fiscal year ended September 30, 2001, including the Supplementary Financial Statements Pursuant to OMB Circular A-133 and the Management Letter Pursuant to the Rules of the Auditor General for the State of Florida; and the Annual Local Government Financial Report Fiscal Year 2000-2001.



Municipalities/Ordinances/Resolutions



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



Ordinance 2002-01 amending Ordinance 92-08; providing for a definition for construction and demolition debris as further described, which was adopted the 4th day of March, 2002 by the Town Commission of the Town of Lady Lake, Florida.



Resolution 2002-100 Amending Resolution No. 94-110 pertaining to land use application fees, building permit fees, plan review fees, and water and sewer rates, fees, and charges, and as further described, which was passed and ordained by the Town Commission for the Town of Lady Lake, Florida, the 4th day of February, 2002.



Municipalities/Ordinances



Request to acknowledge receipt of the following: The City of Tavares, Annexation Ordinance #2001-23, an Ordinance amending the boundaries of the City of Tavares by annexing approximately 13.7 acres of property described as lots 3, 14, 19, and the north one-half of lot 13 in Southridge Industrial Centre, as described, which was passed and ordained the 3rd day of October, 2001, by the City Council of the City of Tavares, Florida.





Municipalities/Ordinances



Request to acknowledge receipt of the following 12 annexation Ordinances from the City of Eustis:



Ordinance 02-04 - Humphrey - Kentucky Boulevard - Lakeview Heights

Ordinance 02-06 - Coury - McKinley Road

Ordinance 02-08 - Charlie Johnson Builders - North Court - Belmont Heights

Ordinance 02-10 - Charter Builders of Central Florida, Inc. - Belmont Ave.- Belmont Heights

Ordinance 02-12 - Alger and Walker - Woodland Drive - Joanna Shores

Ordinance 02-14 - Wise - Country Club Road - Fairway Heights

Ordinance 02-16 - Aldinger - North Court - Belmont Heights

Ordinance 02-18 - Len - US Highway 441

Ordinance 02-20 - Frisby - Colfax Street - Belmont Heights

Ordinance 02-22 - Cornelia Drive - Buckeye Addition

Ordinance 02-24 - Woodland Drive - Joanna Shores

Ordinance 02-26 - Between CR 19-A and Lake Woodward south of US Highway 441



Reports/SJRWMD



Request to acknowledge receipt of the copy of the St. Johns River Water Management District Annual Financial Report for 2001-01, as prepared by the accounting firm of Deloitte & Touche and accepted by the St. Johns River Water Management Governing Board on April 10, 2002.



Communications/State Agencies



Request to acknowledge receipt of the following: Before the Florida Public Service Commission, Notice of Commission Hearing and Prehearing to AT&T Communications of the Southern States, Inc., Bellsouth Telecommunications, Inc., Bluestar Networks, Inc., Broadslate Networks of Florida, Inc., Covad Communications Company, Florida Cable Telecommunications Assoc., Inc., Florida Competitive Carriers Assoc., Florida Digital Network, Inc., Florida Public Telecommunications Assoc., Intermedia Communications, Inc., KMC Telecom Inc., MCI Worldcom, Inc., Mediaone Florida Telecommunications, Inc., Network Access Solutions Corporation, Network Telephone Corporation, Office of Public Counsel, SBC Telecom, Inc., Sprint-Florida, Incorporated, Supra Telecommunications and Information Systems, Inc., Time Warner Telecom of Florida, L.P., Verizon Select Services, Inc., Z-Tel Communications, Inc., and All Other Interested Persons, Docket No. 990649B-TP-Investigation Into Pricing of Unbundled Network Elements. The hearing will be held at the following time and place: Monday, April 29, 2002, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. The following dates have been reserved for continuation of the hearing if needed: April 30 and May 1, 2002. A prehearing conference will beheld at the following time and place: Friday, April 19, 2002, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.



Communications/State Agencies

Request to acknowledge receipt of the following: Before the Florida Public Service Commission, Notice of Hearing and Prehearing, to All Parties of Record and All Other Interest Persons, Re: Docket No. 000075-TP (Phase IIA), Investigation Into Appropriate Methods to Compensate Carriers for Exchange of Traffic Subject to Section 251 of the Telecommunications Act of 1996. The hearing will be held at the following time and place: Wednesday, May 8, 2002, 9:30 a.m., Room 148 Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. A prehearing conference will be held at the following time and place: Friday, April 19, 2002, 9:30 a.m., Room 152, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.





Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on the following:



Satisfaction and Release of Fine fully releasing David Beeler and Johnnie R. Beeler from Reduction of Order of Fine, in the amount of $50.00, dated March 18, 2002 and recorded in OR Book 2086, Pages 2200 through 2201 of the Public Records of the Clerk of Court of Lake County, Florida, on March 19, 2002.

Satisfaction and Release of Fine fully releasing David Beeler and Johnnie R. Beeler from Reduction of Order of Fine, in the amount of $50.00, dated March 18, 2002 and recorded in OR Book 2086, Pages 2198 through 2199 of the Public Records of the Clerk of Court of Lake County, Florida, on March 19, 2002.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on the Release of Fines fully releasing Timothy C. and Constance A. Woods from Order of Fine, in the amount of $3,300.00, dated November 14, 2001, and recorded in OR Book 2028, Pages 2103 through 2104 of the Public Records of the Clerk of Court of Lake County, Florida, on November 16, 2001.



Accounts Allowed/Courts-Judges



Request to approve and authorize signatures on the Satisfaction of Judgment, State of Florida vs. Ferrante Antoni Smart, Case No: 9900192CFA01, which fully releases Final Judgment entered on the 6th day of January, 2000 and recorded in OR Book 1792, Page 1435, of the Public Records of Lake County, Florida.



Accounts Allowed/County Property



Request to approve list of items to be deleted from Fixed Assets for the month of May, 2002, in the amount of $627,835.85.



Audits/Reports/Committees



Request to acknowledge receipt of the Central Florida Regional Workforce Development Board, Inc. D/B/A Workforce Central Florida Financial Statements for the Year Ended June 30, 2001.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Hanson referred to Tab 8 regarding the Fee Schedules for Community Services - Probation Fees and Health Department Fees, and stated that she has talked to the County Manager about the GPS monitoring and has questioned whether there was a report coming to the Board as a separate item.

Mr. Bill Neron, County Manager, stated that Mr. Fletcher Smith, Senior Director of Community Services, addressed the item and staff found that the monitors are much more expensive than the traditional monitors that are being used now and, within their budgetary limitations, he did not think they were going to recommend pursuing those at this point in time.

Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that usually the individuals that staff has on their work release electronic monitoring program are those with DUIs, and the State Department has the GPS system, and they use those for much more serious felony offenders. Mr. Smith stated that they may experience the inability of some of the folks that are on the program to afford those costs, if they were to approve them.

Commr. Stivender stated that she had a question about Tab 9 regarding the sale of the Charles G. Jones property, and Mr. Neron clarified that the money would go back into General Fund Contingency.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 32, and Addendum No. 1, Items. I. A. and B., for the following:

Accounts Allowed/Budget Transfers/Public Works



Request from Budget and Administrative Services for a budget transfer from Roads to Public Works, Improvements Other Than Buildings in the amount of $160,000.00. Additional funds required to complete Pine Lakes Park.



Accounts Allowed/Budget Transfers/Public Safety



Request from Budget and Administrative Services for a budget transfer from Machinery & Equipment to Public Safety, Repair & Maintenance in the amount of $200,000.00. Funds needed for extra expenses to bring fire stations up to code.



Accounts Allowed/Courts-Judges/Clerk



Request from Budget and Administrative Services for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for March 2002. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $26,743.00.



Accounts Allowed/Impact Fees



Request from Budget and Administrative Services for approval of Impact Fee Refund request to County Squire Mobile Homes Sales, Inc. in the amount of $1,604.68 due to manufactured home was permitted as a four-bedroom home. Installer provided letter from manufacturer stating it was built as a three-bedroom home.



Accounts Allowed/Impact Fees



Request from Budget and Administrative Services for approval of Impact Fee Refund request to Lisa G. McCutcheon in the amount of $1,004.00 due to an administrative error.



Accounts Allowed/Impact Fees



Request from Budget and Administrative Services for approval of Impact Fee Refund in the amount of $1,352.50 to Countrywide Home Loans on behalf of Ms. Alicia Ulrich due to home had already been issued a permit and all fees were paid in full. Confirmation of legislative intent that the County Manager can approve and sign off on impact fee waiver transfers and any refunds associated with those waivers.



Accounts Allowed/Contracts, Leases & Agreements/Public Works



Request from Budget and Administrative Services for approval and authorization to award RFP 02-052, encumber funds and authorize a contract, subject to the County Attorney's approval, to Stanley Consultants, Inc. in the amount of $164,951.00 for Phase I stormwater engineering services for the Upper Palatlakaha Chain and the option to negotiate Phase II, "Final Design Implementation and Maintenance" at a later date.





Accounts Allowed/Communications/State Attorney



Request from Budget and Administrative Services for approval and authorization for the implementation and upgrade of telecommunications wiring (Category 6 Cabling) infrastructure to the State Attorney's office by Advanced Communications Services, Inc. (ACS) in the total amount of $57,233.43.



Accounts Allowed/County Employees



Request from Budget and Administrative Services for approval of Workers' Compensation Settlement for Levadner Eklund in the amount of $17,000.00 and authorize the Chairman to execute the appropriate document(s), subject to the County Attorney's review and approval.



Community Services/Resolutions/Health Department



Request from Community Services for approval and signature on Resolution 2002-69 amending Resolution 2001-164, Fee Schedules for FY 2001/03 Exhibit "D" Community Services Fee Schedule - Probation Fees and Health Department Fees.



Accounts Allowed/Economic Development & Tourism



Request from Economic Development & Tourism for approval to award bid to Charles G. Jones for property located at 28827 Hubbard Street, Leesburg, Florida at the highest bid price of $5,000.00.



Contracts, Leases & Agreements/Economic Development & Tourism



Request from Economic Development & Tourism for approval of a 10 month extension from May 6, 2002 to March 6, 2003 for the Jobs Growth Investment Trust Fund Agreement with Monaco Coach Corporation.



Growth Management/Zoning



Request from Growth Management for approval of Voluntary Revocation of the Vested Mining Rights for Lake County's borrow pit known as Fretwell/Eagle's Nest through Tracking #90/8/5.



Contracts, Leases & Agreements/Education/Growth Management



Request from Growth Management for approval of Interlocal Agreement with Lake-Sumter Community College dealing with provisions of Permitting, Building/Fire Inspection, Plan Review Services and Contractor Licensing & Regulation.



Human Resources/Public Works/County Employees



Request from Human Resources for approval of a new Traffic Signal Technician in the Department of Public Works, Road Operations Division in pay grade 111 and a new Architect III in the Department of Public Works, Engineering in pay grade 117.



Communications



Request from Public Safety for approval to accept FCC Form 394 Application Evidence and recognize the merger of AT&T and Comcast Corporations.



Accounts Allowed/Rights-of-Way, Roads & Easements/Subdivisions



Request from Public Works for approval of funds to work on a boathouse (private property adjacent to drainage easement) caused by stormwater runoff in the Sun Eden Subdivision, to correct damage to the foundation of the boathouse caused by heavy rains that eroded the drainage easement, in the estimated amount of $15,000.00.





Assessments/Roads-County & State



Request from Public Works for approval and signature authorization on five Satisfaction of Road Assessment Liens, as follows:



682001 - Merrill & Saundra Adrian - Paid 02/12/02

682021 - Nicolas & Hazel Tijerina - Paid 03/29/02

689004 - Joseph & Jean Fraas - Paid 02/04/02

689048 - Carl & Joyce Highers - Paid 03/14/02

691035 - Donald Palmer - Paid 03/08/02



Resolutions/Rights-of-Way, Roads & Easements



Request from Public Works for approval and authorization to execute Resolution 2002-70 accepting Huffstetler Drive (County Road Number 4856) into the County road maintenance system.



Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $17,869.00 that was posted for Crown Pointe subdivision. Subdivision consists of 24 lots - Commission District 2.



Accounts Allowed/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $33,020.60 that was posted for Westchester PUD Phases 6 & 7 subdivision. Subdivision consists of 93 lots - Commission District 2.



Accounts Allowed/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $11,400.00 that posted for Paradise Cove subdivision. Subdivision consists of 18 lots - Commission District 2.



Accounts Allowed/Bonds/Subdivisions



Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $23,997.20 that was posted for Courtyard Villas subdivision. Subdivision consists of 42 lots - Commission District 2.



Accounts Allowed/Bonds/Subdivisions



Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $16,082.00 that was posted for Woodridge Phase III subdivision. Subdivision consists of 29 lots - Commission District 2.



Accounts Allowed/Bonds/Subdivisions



Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $23,706.50 that was posted for Eagleridge Phase III subdivision. Subdivision consists of 60 lots - Commission District 2.



Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Dove Hill subdivision and all areas dedicated to the public as shown on the plat. Subdivision consists of 3 lots - Commission District 5.



Accounts Allowed/Bonds/Subdivisions



Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $28,160.00 that was posted for Upson Downs Phase 1 subdivision. Subdivision consists of 89 lots - Commission District 5.





Deeds/Rights-of-Way, Roads & Easements



Request from Public Works for approval and authorization to accept one Conservation Easement Deed; one Easement; one Non-Exclusive Easement Deed; three Statutory Quitclaim Deeds; two Statutory Warranty Deeds; and two Temporary Non-Exclusive Easement Deeds, as follows:



Conservation Easement Deed



Catherine Davis - Book 2077 Page 0416 - Subdivisions Req.



Easement



Board of Trustees of the Internal Improvement Trust Fund of the State of FL - Book 2058 Page 1071 - Thomas Avenue - 1-5205 - FDOT Maint. Facility



Non-Exclusive Easement Deed



Island Lake Properties, Inc. and West Forest, Inc. - Book 1137 Page 1132 - Island Lake Lane - Large Lot Waiver



Statutory Quitclaim Deed



Terry W. Edwards, Jr. - Book 2097 Page 2440 - Citrus Valley Rd. - 3-2929A - Road Project



Anna Lee Jerkins - Book 2099 page 0488 - Fonseca Lane - Road Project



Richard M. and Monica M. Poorbaugh - Book 2086 Page 2116 - Keene Road - 5-8165 - Road Project



Statutory Warranty Deed



Samuel R. and Vera B. Pennington - Book 2097 Page 1698 - S. Lake Trail



John and Elsie Jones - Book 2092 Page 1660 - Fonseca Lane - Road Project



Temporary Non-Exclusive Easement Deed



Trace H. and Lisa Ann Baker - Book 2095 Page 1446 - E. Crooked Lake Dr. - 4-5069 - Maintenance Proj.



Wayne R. and Phyllis A. Johnson - Book 2086 Page 2120 - Hickory Lane - 3-4439 - Drainage Maint. Proj.



Contracts, Leases & Agreements/State Agencies/Roads-County & State



Request from Public Works for approval and execution of an amended 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 the improvements to the existing County Drive and Lake Dora Circle crossings



Accounts Allowed/Bids/Road Projects



Request from Public Works for approval to advertise for bids for the Countywide Resurfacing Project No. 2002-13 at an estimated cost of $516,339.78 from the Transportation Trust Fund.



Contracts, Leases & Agreements/Municipalities



Request from Public Works for approval and adoption of an Agreement transferring Florida Avenue CR-2945 to the Town of Astatula.





Accounts Allowed/Water Authority



Request from Public Works for approval to submit a Cooperative Funding Initiative application to the Lake County Water Authority for a stormwater project in the southern part of the County for a basin inventory and characterization of the "Upper Palatlakaha Chain" (basins of Lake Louisa, Minnehaha and Minneola), staff desires to request $70,000.00 of the total $170,000.00 for this project.



Accounts Allowed/Bonds/Contracts, Leases & Agreements/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Fairways at Mt. Plymouth Phase 2 subdivision; accept a Performance Bond in the amount of $65,235.50; and execute a Developer's Agreement for Construction of Improvements between Lake County and Fairways/Mt. Plymouth, Ltd.; and to accept all areas dedicated to the public as shown on the plat.



Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Spring Valley Pond and to accept all areas dedicated to the public as shown on the plat. Spring Valley Pond consists of the platting of a lift station, floodplain and stormwater retention area - Commission District 2.



Accounts Allowed/Contracts, Leases & Agreements/Grants/State Agencies



Request from Community Services for approval of the Joint Participation Agreement with the Florida Department of Transportation for Section 5310 Capital Equipment Grant in the Local Match amount of $13,600.00 for a total grant amount of $136,000.00 to replace and purchase vehicles.



Accounts Allowed/Contracts, Leases & Agreements/Grants/State Agencies



Request from Community Services for approval of the Supplemental Joint Participation Agreement with the Florida Department of Transportation for the Lake County Public Transportation System and Resolution 2002-72 increasing the FDOT 5311 Grant by $170,000.00 for a total FDOT participation of $313,198.00 to provide the current level of transportation services to the citizens of Lake County.



Public Safety/Fire Rescue



Request from Public Safety for approval and signature of Release and Indemnification form for Lake County Fire Rescue to use the SunTrust Bank property as a temporary staging area for their apparatus from May 8 through May 15, 2002 between the hours of 9:00 a.m. and 9:00 p.m. for the purpose of gathering response times to analyze for improvements to the Fire Rescue Operations.



PERSONAL APPEARANCES

EMPLOYEE AWARDS

Commr. Pool presented the following with awards, as Mr. Michael Milanowski, Human Resources Director, presented information on each employee:

Presentation of Award to Employee with Fifteen Years of Service

Yancy Peterson, Fire Lieutenant EMT, Public Safety/Fire & Rescue

Presentation of Award to Employee with Twenty Years of Service

Carmen Carroll, Building Office Coordinator, Growth Management/Building Services



Presentation of Employee of the Quarter - 1st Quarter 2002

Janice E. Goodman, Office Associate III, Public Works/Special Services

Lori D. Davis, Data Warehouse/Unix Systems Administrator, Budget & Administrative Services/GIS



Presentation of Supervisor of the Quarter - 1st Quarter 2002



Dennis W. Beach, Waste, Waste Management Supervisor, Solid Waste/Waste Management Facilities Operation



PRESENTATIONS

RESOLUTIONS

Commr. Pool read the following proclamations, which were approved on April 16, 2002, into the record and presented plaques and checks to representatives from each school, and to the City of Tavares:

Proclamation 2002-56 - Proclamation designating Umatilla High School as High School Recycler of the Year.



Proclamation 2002- 57 - Proclamation designating Mount Dora Middle School as Middle School Recycler of the Year.



Proclamation 2002-58 - Proclamation designating Lost Lake Elementary School as the Elementary School Recycler of the Year.



Proclamation 2002-59 - Resolution designating the City of Tavares Municipal Recycler of the Year.



Commr. Cadwell noted that Mr. Dale Moxley, Principal at Umatilla High School, will be leaving Umatilla High School and going to Eustis Middle School, and he wanted to take the opportunity to tell him what a great job he has done at Umatilla.

Commr. Pool recognized the following who participated in the Commercial Recycling Program: Irene's Lounge and Desperado's.

PRESENTATIONS -

PRESENTATION BY DR. RUFUS HOLLOWAY, HOLLOWAY TREE FARM CONCERNING WATER CONSERVATION FOR IRRIGATION SYSTEMS



Commr. Pool stated that Dr. Rufus Holloway, Holloway Tree Farm, is here to make a presentation concerning water conservation and irrigation systems. He stated that, after seeing Dr. Holloway at one of their summit meetings on how best agricultural concerns can help reuse and encourage conservation methods, he encouraged him to come and give the Board an update.

Dr. Rufus Holloway addressed the Board and stated that he is a native of Lake County, and his family came to Leesburg in 1929. Dr. R. Holloway stated that he has particularly been involved with conservation of water for about six years, and what he brings to the Board today does not require anything but the strong support of the Board. He stated that the water conservation program that they have been working on has three fundamental characteristics, to recycle and gather rainwater for agricultural use; to prevent runoff of agricultural affluent into the aquifer, or groundwater and surface water systems; and also to increase the growth rate of the plants that they use, and it is primarily aimed at ornamental horticultural containerized products, but that can be enlarged in the future. He stated that the water conservation program is strongly supported by many state agencies and is located in Leesburg where they have a small tree farm on Griffin Road. A study group has been formed from the University of Florida, and they have been asked to be a partner of theirs for the next four or five years. The State Department of Agriculture and the Environmental Protection Agency, both federal and state, are involved in an ongoing study and some financial support of this effort, because of its impact on water conservation. Dr. R. Holloway stated that his son, Michael, is with him today, and he is going to present the actual specifics of the program. He stated that he would like to challenge the Board members, at least for consideration, to have a very intensive look at this system. He stated that Holloway Tree Farm might want to consider members of the Lake County Water Authority, the Lake County Soil and Water Conservation Commission, and the Commissioners bringing to them information about ways of saving water, not just with this system.

Dr. Michael Holloway stated that he will be presenting a brief slide presentation on the water conservation system. It was noted that the Board members had been presented with a handout, American Nurseryman, Holloway Irrigation Systems Revolutionary. Dr. M. Holloway stated that agriculture is responsible for the most water use state wide, with close to 50% of fresh water drawn being used for the purpose of agriculture consumption. He reviewed conventional systems used over the years and systems currently being used and noted that six to seven million gallons per acre, per year are used with this overhead sprinkler system. There are about 20,000 acres of ornamental horticulture in the State, with 70% being irrigated this way, and there is concern about runoff and fertilizer leaching through the soil. He reviewed the micro-irrigation system, which still uses approximately two to three million gallons per acre, per year and stated that this has been the state of the art for the past 25 years. Dr. M. Holloway explained that typically the State of Florida gets 50 inches of rain a year, but most of this water is a lost asset, but this is the free asset that they have been able to utilize with their system. He noted that the "Orlando Sentinel" is currently running 12 series with good detailed information about water conservation. Dr. M. Holloway stated that about 200,000 new residents come into the state every year. He explained that they designed a system that would make it easier to deliver water to their containerized nursery product, which he explained in detail at this time. Over two years, they have collected a lot of data and, after three and a half years, they had no agricultural run off of any of the nutrients from this system, and they are getting better growth rates. Dr. M. Holloway stated that they are working with the DEP, the Department of Agriculture, the University of Florida's Agricultural Extension Service, as well as the St. Johns River Water Management District (SJRWMD) to expand this model on the flat ground, which will make it about a 15 acre total project. To summarize, he stated that they have used 100% rainwater; there has been no pull from the aquifer; there has been zero runoff; and they are getting better growth rates for their trees. He noted that they have worked on a report with the DEP, and they are trying to put it to use for the state, as far as ways that they can better save water and recycle.

Dr. M. Holloway explained that they have challenged themselves for the industry of putting together an analysis package relating to costs and, even though they are finding that it is more expensive up front, there are a lot of savings and benefits generated from it and, in two or three years, the payback will be differential. He explained that, in terms of monitoring the system, they checked the water quality for the past four years, first on a monthly basis, now about every quarter. He noted that they will have about ten acres under production and will be saving about 50 million gallons per year, and it will actually be more than that because they are collecting more water, which is being used for other parts of the nursery.

Dr. R. Holloway stated that, if 10% of the ornamental horticultural industry in Florida were converted to this type system, or any other recycling type system, it would save enough water to provide the needs to the people that are moving into Florida every year, so it is a huge savings, and a huge potential. He thanked the Board for their support and stated that they look forward to working with all of them in the future.

Commr. Hanson stated that she feels the system is great and the impacts are tremendous, but she wanted to know whether Holloway Irrigation Systems has considered the loss of recharge.

Dr. R. Holloway explained that all of the environmentalists have looked at this and the savings are of such magnitude that the tiny amount that is not soaking into the soil beneath the polyethylene liner is minuscule compared to the savings. He explained that, in terms of retaining water beyond their capacity in their reservoir, the water will be used in the nursery, and it will be soaking the pots that are already being used by conventional systems. He noted that one of the SJRWMD's requirements is that you have an area that it can spill over and they meet that requirement.

No action was needed on this item.

PRESENTATION -

PRESENTATION ON GREENWAYS & TRAILS BY FRIENDS OF LAKE APOPKA

Mr. Jim Thomas, Friends of Lake Apopka, addressed the Board and stated that the Friends of Lake Apopka was incorporated in 1991, and they have worked very hard toward restoration of that lake and, whereas they had some real setbacks, they are still very optimistic that the lake will be restored. They have appreciated the support of the Board from the very beginning in their work toward that lake restoration. As they began to see improvement to the lake and the plan to begin restoration, there was a tremendous development interest in the basin around the lake and, with the help of the Board, they put together a series of development design guidelines that will help them guarantee some protection of that lake from development. He stated that they needed to look at every possible way that the citizens of the basin and others could utilize that resource, so they began looking at the identification of recreational opportunities and eco-tourism opportunities, and this led them into the project they want to present today. The Friends of Lake Apopka worked along with the Lake Apopka Basin Steering Committee, which is chaired by Commr. Pool, and they helped them with the guidelines, and with this new study. As they began this study, they realized that they can identify some of these things called trail head activities and other things that would give access to the lake and be identified as eco-tourism possibilities and opportunities, and they want to tie all of this together with a trail system that would allow complete access to the whole resource. They began their study by asking all eight jurisdictions in the basin for some help, and Lake County responded with some funding. They hired a firm called Land Design Innovations (LDI), and they have done the first phase of the study, which is to present a conceptual plan for these processes. He introduced Mr. Pat Teiyeski and Ruth Hamburg from LDI to give the Board an overview of the conceptual first phase project.

Ms. Ruth Hamburg, LDI, addressed the Board and stated that they have been hired by Friends of Lake Apopka to prepare the Lake Apopka Basin Master Plan. Ms. Hamburg stated that the Lake Apopka restoration project is an effort that involves regional cooperation with local governments within the Lake Apopka Basin including, in Orange County, the City of Apopka, Ocoee, Winter Garden, and Oakland and, in Lake County, Montverde and Clermont, and other government agencies and non-profit groups have been involved with the restoration effort and the creation of the Master Plan.

Ms. Hamburg stated that, to prepare the Master Plan, they first looked at all of the existing conditions within the basins, and some of the key elements they identified that could be part of the Plan were existing greenways and trails, the West Orange Trail, the Lake Minneola Scenic Trail, the proposed South Lake Trail, the public parks and recreational facilities, lake access and views, public properties, and potential for expansion and acquisition for more land for existing parks and trails. The Master Plan goes on to recommend potential for trail expansion and additional development; potential for acquisition expansion of existing sites; proposed activities and programs; and potential connections between the recreation sites. They identified key trail heads or eco-tourism sites, as shown in the Mater Plan as numbers 1 - 9, and identified potential connections between these sites. Ms. Hamburg quickly reviewed each site noting that the Town of Montverde is already working on a trail program, and the Master Plan shows how that program fits into the regional focus. There is potential for the trail, once developed, to spur eco-tourism economic development opportunities in Montverde. She noted that the trail connections were labeled A through I on the Master Plan map.

Ms. Hamburg stated that the resolution is to endorse the Master Plan; commit to work with the other jurisdictions and the Friends of Lake Apopka on the second phase, which is design and acquisition; and to assign a staff person (perhaps Mike Woods, Public Works who they have been working with), to continue with this effort. She stated that they have connections to the State of Florida Greenways and Trails effort; new recreation opportunities; they have involved residents and visitors in the State's natural heritage and beauty; they link the natural areas and open spaces; they increase the nature base education opportunities; they promote uses within the Lake Apopka Basin and supports its restoration; and they attract eco-tourism business to the local community around Lake Apopka; and they ask the Board to join them in support of the Lake Apopka Basin Master Plan.

Commr. Pool extended his thanks for the report and stated that it is a regional issue where they are trying to work with both Orange County, Lake County, and the cities. He stated that the Board has Tab 40 on the agenda for approval and adoption of a Resolution supporting the Master Plan, as discussed, and the Board will be voting on this issue later in the day.

Commr. Stivender stated that she wanted to make sure that all maps are identical, the ones before the Board, and the ones being developed by staff.

Ms. Hamburg stated that they are working very closely with staff, and she has a copy of the Lake County bikeway master plan, and the maps do coordinate, and both of the counties have been looking at several alternatives that are part of this plan.

Mr. Thomas stated that they have been advised that the regional approach gives them access to funding that they would not have had on an individual basis. Their goal is to set up a team in each of those eight jurisdictions and to continue that regional approach. They are asking the Board to pass the Resolution, and to give them continued support as they have done in the past, and they are asking each jurisdiction for $5,000 to support the second phase, which will give them the options of design and the potential funding. They have had a lot of support from different groups, which they really appreciate.

Mr. Bill Neron, County Manager, stated that he met with Mr. Jim Stivender, Senior Director of Public Works, and Mr. Woods, Public Works, and some other County staff yesterday and looked at some of the opportunities, not countywide, but especially in the south of the County, and it is critical emphasis that they get the right-of-way now, before some of those right-of-way opportunities are lost in certain areas. Mr. Neron stated that staff is looking at those opportunities as they come up and he has asked Mr. Stivender and his staff to come up with some ideas, so that they can give a report back to the Board fairly soon.

Commr. Hill asked that the Board not forget the rest of the County, because there are other parts of the County that were under the original rails to trails plan, and she does not want to forget District 1, because there are other areas of the County that can also benefit from this plan.

Mr. Neron stated that he and Mr. Greg Welstead, Deputy County Manager, met with the City of Leesburg officials about a month ago and, as with any system, they have got to do one section at a time, but they will all tie in over a long range.

Commr. Hanson stated that they are actually creating a destination, and they are already well known as a destination for biking, and this will give them the credibility that they need to actually move forward with that destination, which brings the dollars back into the County.

Commr. Hill stated that there are several House Bills that the Governor has signed, one of them is the Safe Path To School, and some growth management bills that played into the trail system and maybe, with the Department of Transportation (DOT) and Public Works, they can work those in since they have been identified on the State level.

Mr. Neron stated that, if they can have this system that can be a destination, there may be some ways to creatively use they system towards development money for signage and maintenance and other things, and staff will look at all options for additional dollars and leveraging those existing dollars.

Commr. Hill stated that this will come down to a financial decision, and the Board will consider it in the budget workshop along with all other issues.

Mr. Rich Dunkel addressed the Board and stated that he has met with Mr. Stivender and Mr. Woods several times, and there is a lot going on with trails in the County that is invisible, and hopefully it will get some exposure, because a lot of good things are happening in Lake County. He moved here from Seminole County and, in terms of schools and sidewalks, they had a natural lands taxing referendum that the citizens overwhelmingly supported because they tied in connections to schools, natural lands, and trails. He stated that this is one way to get the trail plan entirely done and hopefully the committee will consider it.

PUBLIC HEARING -

ORDINANCES/EMERGENCY SERVICES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-39, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 9.07.05, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED BASIS FOR ESTABLISHING SPECIAL FLOOD HAZARD AREAS (SFHAs); PROVIDING FOR AMENDMENTS TO THE FLOOD INSURANCE RATE MAP; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE PROVIDING AN EFFECTIVE DATE.



Mr. Fred Schneider, Engineering Director, Public Works, addressed the Board and stated that he has with him today Ms. Karen Chester, a stormwater technician for Public Works. Mr. Schneider stated that Ms. Chester has been very involved with FEMA throughout the whole process.

Mr. Schneider stated that the County first had contact from FEMA in 1991 about a restudy plan for fiscal year 1993 and moving through the years, October 5, 1995, Lake County sent a final letter for remapping to the engineering methods and applications company hired by FEMA; April 1, 1997 the Board approved a contract with FEMA, which included $70,657 from Lake County and $7,784 from the City of Leesburg and $32,935 from the Lake County Water Authority; which was $111,000 plus for additional mapping to help clear up some areas that were under question with FEMA. After further review, comments, and public hearings, FEMA notified the County, on January 3, 2002, that all of the base flood elevations were final and the new countywide Flood Insurance Rate Maps (FIRMs) are to come into effect July 3, 2002. They received approval by Planning and Zoning on April 3, 2002. If it is not adopted by the Board by July 3, 2002, the County will be removed from the National Flood Insurance Program, which is federally backed loans and disaster relief. Additionally they have the community rating system where they get additional discounts by working with FEMA for flood insurance. Staff is requesting that the Board approve the maps. At this time, Mr. Schneider explained the process for map revisions and stated that anybody that has a change in their flood elevation would have to be notified.

Ms. Chester addressed the Board and explained that there are four categories, and all of the letter map amendments, or revisions, have been recategorized and most of them will be revalidated after July 3, 2002. She stated that 33 will not be revalidated because of insufficient information, or the flood zone has changed; 12 of them because of the study. Those people will have to resubmit their letter of map amendment. She noted that FEMA will be notifying these individuals.

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.

Mr. Sandy Minkoff, County Attorney, explained that, if the Board chooses not to participate in the FEMA program, not only do they not get the rating, but individuals would not be able to purchase flood insurance through the federal program.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 2002-39, as read by title only.

CITIZEN QUESTION AND COMMENT PERIOD

REPORTS/CEMETERIES AND GHOST TOWNS

Commr. Pool asked that Mr. Don Braksick be allowed to speak at this time during public comment, due to his health problems.

Mr. Don Braksick addressed the Board and extended his appreciation for the Resolution the Board passed in February recognizing him for his contribution to the community through his interest in abandoned and neglected cemeteries. Mr. Braksick stated that he has presented the Board with a report on Cemeteries and Ghost Towns 2002. He referred to Page 1 and noted the following observations: 93 identified cemeteries in Lake County; 67 maintained cemeteries; 12 abandoned/neglected cemeteries; 6 vandalized cemeteries; and 4 lost cemeteries. He stated that, when he started looking at cemeteries many years ago, 44% of the cemeteries were being neglected, and he is doing everything possible to make sure that veterans are not buried in weeds in Lake County, and this little dream that he has is catching on nationwide due to the September 11, 2001 world tragedy. He stated that there is one more thing that he is going to do for Lake County; he is going to give them the list of owners and the alternate key numbers, for staff use only, so that, when somebody calls with a problem, they can give them this information and who to contact. He noted that the information he provided will be available to the public for a cost. Mr. Braksick stated that Lake County does not have the problems being experienced by other parts of the country, and Lake County stands in the top five in the State of Florida as far as the best place to have your last wishes provided. He stated that there are over 180 ghost towns on the map, but they do not think that everyone of them had a cemetery, and some of them they will never be found, but he will give his blessings on the Harbor Hills project, only if there is an archeologist on site when it comes back before the Board. He noted that Pine Island is still under investigation. Mr. Braksick extended his thanks to the staff in Public Works noting that there are many in this department, as well as Capital Improvements, that need to be recognized for their fine work efforts.

Commr. Hanson stated that, without Mr. Braksick, the Board would not know about all of the cemeteries in the County, and he had a conviction and a passion and what he has put together with the help of staff and others is outstanding. Commr. Hanson stated that she met with a gentleman that was doing a book on ghost towns along the St. Johns and the railroad trails, so she passed him along to Mr. Braksick, because there is a lot of history to be preserved.

PUBLIC HEARING -

ORDINANCES/COMMITTEES/COMMUNITY SERVICES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-40, if approved by the Board:

A ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING THE LAKE COUNTY ELDER AFFAIRS COORDINATING COUNCIL; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that this ordinance is a combination of many months of work and effort by a number of people who were on the Elder Ready Study Committee. He noted that some of the members are present today, Ms. Nancy Lamb, Ms. Ellen Miller, Mr. Robert Adams, Dr. Tom Cook, Mr. Roy Hunter; and Mr. Tait Trussell. It was also noted that Commr. Hanson represented the Board as liaison on the committee.

Commr. Hanson stated that she has been asking staff to address this issue for five or six years, as well as the previous administrations, and she is pleased to have had the cooperation of staff in getting this before the Board.

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

Ms. Nancy Lamb stated that she is a member of the older population, and she is specifically from South Lake, and she comes as a representative of that population and as having experience in providing services to the elderly since 1979 in both the states of Maryland and Florida. Ms. Lamb stated that they have just finished a report from the Elder Ready Study Committee, and she wanted to recognize those members that were here today and Mr. Smith for their efforts, because it is their report that is responsible for the ordinance that the Board is considering today. She stated that it was appropriate for them to be considering this ordinance in May, because nationally "Older Americans Month" is celebrated in May. The theme for the month this year is "America, A Community for All Ages". She stated that the older population is able to be a part of the solutions of many problems, and they need opportunities. Ms. Lamb stated that, when the Board passes the Ordinance today, they need to immediately create a full time staff person. She stated that Lake County can be a leader, not only in growth, but by being innovative in providing services and opportunities for the older population. She wanted to say a public thank you to the staff of Community Services, and to say that Mr. Smith and Ms. Robbie Hollenbeck, Special Projects Coordinator, have been very helpful to them, and to the Elder Ready Study Committee.

Mr. Robert Adams stated that he was a member of the Elder Ready Study Committee for the past year, and a report was given to the Board in early April, which detailed a number of projects they wanted to get started as quickly as possible, but the proposal before the Board details nothing about support for these responsibilities, no budget and no staff. Mr. Adams urged the Board to address these issues as quickly as possible, so that the committee, once it is formed, can become operable right away.

Mr. Neron stated that wanted to assure the people that there is money budgeted to support this committee and that staff support will be provided within those resources. He is working on a plan with Mr. Smith right now on realigning some staff positions to ensure that this community, as all other communities, are given full staff support in carrying out their mission.

Commr. Hanson questioned whether there will be a full time staff member because, in last year's budget, the Board had $75,000 so the dollars from this year's budget should be there.

Mr. Neron stated that staff is not sure they want to recommend hiring a new person at this time, because they are looking at shifting some existing resources around within house to make sure that those needs are met initially and, over time as those needs grow, they may have to add an additional position to further support the committee but, with some of the shifting that staff is looking at doing, he feels they can fully meet the needs of that committee.

Commr. Hanson stated that the committee will require a full time person and, if the Board does not have the money budgeted, then staff needs to bring it back to the Board to see what they need to do.

Ms. Dee Miller, Leesburg, addressed the Board and stated that she has been a part of the Elder Ready Study Committee, and she is on her way to an AARP seminar for the next three days where she will again be tackling the needs of the elders. Ms. Miller stated that she has been in Lake County since 1993, and she has been involved with the Department of Elder Affairs as a volunteer for three years in the Shine program. She stated that she has been in various capacities of the AARP on the State level, and Lake County needs a director, with 38% of the population being seniors. She has also been involved as a member of the Seniors for Schools Program in the past. She stated that there are various organizations in the County, and they need a director to help seniors find the right services.

Ms. Ellen Miller stated that she is in the health care field. She is a registered nurse, a geriatric care manager, and she has served on the Elder Ready Study Committee. She has worked with seniors for her entire career. She has seen in health services an attempt to try and put everything under one heading, which does not work. She stated that people have to be very focused on the mission, and she feels they have done that on the Elder Ready Study Committee, and she hopes the Board will look at a full time person to carry on this project. She noted that there is already a Children's Commission, and there is a need for a Senior's Commission.

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

Commr. Cadwell stated that generally when the Board forms a group like this the first thing people say is do not hire more people, we need money in programs, but this group has taken a different tack. He referred to Page 2, Line 27, of the proposed ordinance, Section 2-90.49 Duties, 2. Recommend and/or initiate policies/strategies and budgets and stated that he would suggest that the wording "and/or initiate" be deleted.

Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve to Ordinance 2002-40, as amended, to delete the wording "and/or initiate" in Section 2-90.49 Duties, and as read by title only.

Under comments, Commr. Hanson stated that the need is there to have a full time person, whether that person be called a director, or coordinator is not the issue, but a full time person dedicated to the elder interest of the County. She stated that the benefit back to the County will do more than offset the costs, not only financially, but with the volunteers that can be recruited.

Mr. Neron stated that he has been working with Mr. Smith and Mr. Michael Milanowski, Human Resources Director, in looking at some alternatives whereby they believe that, by shifting an existing position from one area to another area into Mr. Smith's department, they can initially meet the full needs of this committee with a staff person assigned to do the functions to serve that committee, with the possibility of that staff person also having other limited duties and, as time goes on and as the work of the committee grows, if there is a need for additional resources, staff would bring it back to the Board at budget time.

Commr. Hanson stated that, at mid-year, the Board budgeted the dollars to have a full time person by the middle of this year, so the dollars are budgeted from last year, and it was clearly broken down as a director.

Mr. Neron stated that, if the Board will recall, when the report from this committee was first presented that led to this ordinance coming to them, he mentioned there was $40,000 for a half year funding to establish a position to serve these needs. It was his recommendation to the Board at the time that they not proceed with the hiring of the position, so that they could look to see whether the needs of the committee could be served in other ways from the staffing side of it, and then devote those funds to actual programs and services rather than hiring staff. As pointed out by Commr. Cadwell, one of the things that government gets criticized very often for is every time a new program is added, more people are added, and you do not have funds to provide the services. He stressed that staff intends to fully serve the needs of the elderly, but he is not sure that they have to hire an additional person at this time.

Commr. Hanson stated that there may be someone on staff already that can fit that position very well, however, having been through the creation of several new committees, until you get that person on board that is going to really run the program, there is no point in having a lot of programs, and you can avoid having a lot of programs by having the right person in place. She stated that they can continue to work on this but they do have $36,900 budgeted for a person and $5,000 for operating costs. Commr. Hanson stated that the funds are there , but she does not see the Board moving forward in an efficient way or being productive the way they would if they had a single person in that position.

Commr. Cadwell wondered how many more meals on wheels the County could do with $36,000 as opposed to a person, if staff is telling them that they feel they have people that can take over those duties until they build to a point.

Mr. Neron stated that he will be the first to come back to the Board to ask for additional help, if he does not feel that they can within the existing resources meet the needs. He noted that it is his intent to have a person that is on the same level as the Childrens' Commission.

Commr. Hanson moved the question, with the Chairman calling for a vote on the motion, which was carried unanimously by a 5-0 vote.

Commr. Stivender recognized Ms. Clemmie Friedman, her business teacher in high school, and stated that Ms. Friedman would like to be considered as a member on the Elder Affairs Coordinating Council.

Ms. Friedman addressed the Board stated that she is the person from Lake County who advises the Advisory Council of Mid-Florida on Aging about needs in Lake County, and the Elder Affairs Coordinating Council is a need.

RECESS & REASSEMBLY

PUBLIC HEARING -

ORDINANCES/TAXES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-41, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; ADOPTED PURSUANT TO AUTHORITY GRANTED BY FLORIDA STATUTE 197.1722; IMPLEMENTING THE EXTENSION AND WAIVERS PROVIDED BY FLORIDA STATUTE 197.1722 FOR THE PACKING HOUSE BY-PRODUCTS CO, MISSION INN, SONOMA CONSTRUCTORS, LTD, CENTRAL LAKE UTILITIES CORP., AND CENTRAL LAKE UTILITIES, INC. (ALL OF WHICH ARE COLLECTIVELY REFERRED TO AS MISSION INN) FOR TAXES FOR THE 2001 TAX YEAR; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE.



Mr. Sandy Minkoff, County Attorney, stated that the Legislature, in this year's session, passed Senate Bill 1360, which eliminates the 3% penalty fee for people who do not pay their taxes by March 30th and grants them an additional 30 days for the sale of tax certificates. The types of property are limited and the amount of taxes has to be fairly substantial. Mr. Minkoff stated that both Mr. Ed Havill, Property Appraiser, and Mr. Bob McKee, Tax Collector, were very gracious and did a lot of work for staff. He has attached copies of their letters, and they have determined that some of the parcels which Mission Inn applied for do meet the criteria of the act, and Mr. McKee has determined that the dollar thresholds of the act are met, so staff is recommending approval of this ordinance. All of the taxes will be paid; it just gives them an additional three months to pay their taxes without penalty or interest.

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.

Commr. Cadwell made a motion, which was seconded by Commr. Hill, to approve Ordinance 2002-41, as read by title only.

Under discussion, Commr. Pool stated that Mission Inn has been a wonderful asset for Lake County and, they do appreciate all they have done and what they provide for them.

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

CITIZEN QUESTION AND COMMENT PERIOD

It was noted that no one present wished to present questions, comments or concerns to the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

LIBRARIES

Ms. Wendy Breeden, Library Services Director, addressed the Board to discuss the request to adopt the Library Service Standards at a level attainable within five years. Ms. Breeden stated that, as part of the impact fee study, the consultants determined that impact fees for libraries would be feasible, if their levels of service were more realistic in their long range planning process. She stated that the Board has two options before them, one would be the recommended level of service for collections, facilities, and public access computers, if Leesburg is not considered as part of the equation, or if Leesburg is considered part of the equation. She noted that, because of their resources, it would raise all of their levels of service to some degree. The Board could agree to adopt either level, or instruct the impact fee consultant to implement them at the lower level and, if Leesburg comes in, they could be revised upward.

Mr. Bill Neron, County Manager, stated that, since Leesburg has indicated that they want to join this system, he felt they should go with the higher level of service.

Commr. Cadwell stated that there was a lot of discussion at the Library Board meetings in regards to this issue, and it was basically making sure that the Library Board understood what they were trying to do and, without doing something today, the Board is not going to have impact fees that are going to defensible and basically not have library impact fees.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, for the Board to approve to adopt the Library Service Standards at a level attainable within five years (2.0) incorporating the Leesburg Public Library.

Under discussion, Commr. Cadwell stated that, with Leesburg coming into the system, it only leaves Eustis that is not part of the County system.

Ms. Breeden noted that Howey has a part time staff but, out of the major libraries, Eustis is the one remaining.

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

CONTRACTS, LEASES & AGREEMENTS/STATE AGENCIES

ROADS-COUNTY & STATE



Mr. Jim Stivender, Senior Director of Public Works, was present to review the Hold Harmless Agreement on the parking lot at Fisherman's Cove, due to drainage issues, and stated that staff is recommending approval of the request.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Hold Harmless Agreement between Lake County and the Florida Department of Transportation concerning liability associates with the drainage design for CR-448 Extension.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

RIGHTS-OF-WAY, ROADS & EASEMENTS



Mr. Jim Stivender, Senior Director of Public Works, was present to review the request for a License Agreement with Florida Central Railroad for the installation of a stormwater pipe under the existing rails in the Irene's Lounge area, Tavares. He noted that this is similar to other agreements that the County has with the railroad.

Commr. Stivender made a motion, which was seconded by Commr. Hanson, to approve the request for approval of a License Agreement between Lake County and the Florida Central Railroad Company (Railroad), to provide for the use of the Railroad's right-of-way for the installation of stormwater pipe in exchange for a $200.00 application fee and an annual rental fee of $800.00.

Under discussion, Commr. Hanson stated that her first thought was that this would protect the railroad from damage and stormwater, but, as noted, the railroad has been there a hundred years.

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

RESOLUTIONS/WATER RESOURCES

Mr. Jim Stivender, Senior Director of Public Works, was present to discuss the request for a Resolution supporting the Lake Apopka Basin Master Plan, as discussed earlier.

Commr. Stivender made a motion, which was seconded by Commr. Hanson, to approve the request for approval and adoption of Resolution 2002-71 supporting the Lake Apopka Basin Master Plan for bicyclists, runners and hikers, boaters, bird watchers, fishermen and nature enthusiasts.

Under discussion, Commr. Pool stated that the Lake Apopka Basin is important and it is a link to all of Lake County, and they will get it connected.

Mr. Stivender noted that staff will come back later to the Board with a request for $5,000 as discussed earlier.

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

CONTRACTS, LEASES & AGREEMENTS/ROADS-COUNTY & STATE

Mr. Jim Stivender, Senior Director of Public Works, was present to discuss the agreement on Citrus Tower Boulevard and Grand Highway area to facilitate the needed roadway improvements.

Commr. Pool stated that he feels this is a good agreement, and the request is in his district, and he would ask for support of this issue.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for approval of the Agreement between Lake County, John P. Adams and Ann D. Adams Family Limited Partnership, Mercator Properties, Inc. and Presco Associates, LLC regarding Citrus Tower Boulevard and Grand Highway to facilitate the needed roadway improvements.

COMMUNICATIONS/STATE AGENCIES

Mr. Jim Stivender, Senior Direct of Public Works, was present to discuss the request to sign a partial modification of restrictions to construct a communications tower. The agreement the County has with the State did not allow for certain types of towers, and staff modified the agreement to allow towers to go on the Fruitland Park Highway Patrol Station site.

Mr. Sandy Minkoff, County Attorney, explained that this request is not a zoning approval but this particular property the County had given to the State and it has a revision in it that says, if they stop using it for a highway patrol station, it comes back to the County, and all this does is make an allowable use without it coming back to the Board for a tower.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to sign a partial modification of restrictions to construct a communications tower on land acquired from Lake County by the Florida Department of Environmental Protection (FDEP) and leased to the Department of Highway Safety and Motor Vehicles.

AIRPORTS/CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY

Mr. Jim Stivender, Senior Director of Public Works, was present to address the agenda item regarding discussion and direction on the acquisition of two parcels of land (Abrahamson and Sagis properties) relating to the Umatilla Airport. Mr. Stivender noted that there are representatives present for the property owners. He noted that staff was directed to get appraisals, and the property owners got appraisals, and they are now at a standstill to move forward on this issue.

Commr. Cadwell stated that the Board discussed this item in August, 2001, and the cities needed to protect the runway protection zone, and the County issued some permits in those two zones. The County agreed to negotiate with the property owners in regards to obtaining this property. He noted that the difference between the two appraisals is $72,460. Commr. Cadwell stated that he hoped that the Board would approve the request with the higher value, due to the length of the process. He stated that the City of Umatilla agreed to apply to the Florida Department of Transportation (FDOT) for additional funding for reimbursement of that property, and he would like for the Board to do two things today, to purchase the property, and to have the City prepare an agreement that the County would enter into with them, to say that the City will apply through FDOT for the reimbursement of those funds for that property and, at that time, the County could give that property to the City and the City would pay the County back.

Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to instruct staff to enter into an agreement with the property owners on the acquisition of two parcels of land (Abrahamson and Sagis properties) relating to the Umatilla Airport, at the reflected market value and the appraisal that was brought forward by the property owners, and to instruct staff to get with the City of Umatilla and prepare that agreement that says that the City will apply for those funds.

Under discussion, Mr. Minkoff explained that the amount would be approximately $280,000 total ($122,000 for Abrahamson and $159,000 for Sagis).

Mr. Bruce Duncan, Attorney representing the property owners, addressed the Board and stated that the appraisal was sent to the County on March 12, 2002 and, in the interim, he has met with Mr. Minkoff and Mr. Stivender, and his clients have incurred minimal attorney's fees in that period of time that were not reflected in the appraisal report of March 12th. He asked the Board to include an amount not to exceed $1,500 for attorney's fees.

Commr. Cadwell amended his motion to include an amount not to exceed $1,500 reimbursement to the property owners for attorney's fees that incurred from March 12th until today. Commr. Hanson amended her second to the motion.

Under discussion, Commr. Stivender stated that she will vote for this because it was an error by County staff, and she thinks it is a very costly error, and the only reason she will vote for it is because the Board is putting in the requirement that the City will give the Board their money back from FDOT, because this would set a precedent and, every time they made a mistake, they would be paying and she does not agree with that.

Mr. Minkoff clarified that there was no error by the staff and these are buildable parcels, and that is why the City came in and asked that the County purchase them, and that is why the appraisals are as high as they are and each of these parcels could have a single family home on it. They got the FFA approval and there was no hazard, so these are buildable parcels; there was no staff error.

Commr. Cadwell stated that, as the airport has grown, and the City has taken some very large steps in providing a small regional airport in that end of the County, they have run into these types of problems, because small cities are not always versed in everything that needs to be going around an airport, and the County is not either, so together they are going to make this happen, and he is sure that the city on the other end of the runway is getting ready to get the road back open, and they are going to encourage them to do that also.

Commr. Pool called for a vote on the motion, as amended, which was carried unanimously by a 5-0 vote.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

The Board members discussed the applications received for the vacant positions on the Citizens' Commission for Children.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously



by a 5-0 vote, the Board approved the following appointments to the Citizens' Commission for



Dr. Mary Anderson - District 1

Charles Crane - District 2

Cara Jakob (at-large)

Byron Thompson - District 4

Beth Anne Scovill Moore - District 5

Kyleen Fischer (designee from the Lake County School Board)

Patrick Howard (designee from Department of Children & Families)



APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Eric Klienbach to the vacant District 5 position on the County-wide Solid Waste Study Committee.

REPORTS - COUNTY ATTORNEY

ACCOUNTS ALLOWED/DEEDS/TAXES

Mr. Sandy Minkoff, County Attorney, stated that this is a request for approval to honor a $4,758.74 check to Robert Curtis Grigsby without interest and less Clerk's fees of $100.00. Mr. Minkoff explained that, in 1979, the Clerk wrote a check to Mr. Grigsby, and he never cashed it. After two years, the Clerk gives the monies over to the County, and they become part of the County's General Fund. His attorney wrote a letter wrote to him and asked if the County would honor the check, and staff cannot honor it without Board approval. Staff is recommending that the Board honor the check less the Clerk's fee of $100 and not pay any interest on it.

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 to honor a $4,758.74 check to Robert Curtis Grigsby without interest and less Clerk's fees of $100.00, as recommended.

ACCOUNTS ALLOWED/DEEDS/TAXES

Mr. Sandy Minkoff, County Attorney, stated that every year the Tax Collector is required to notify the County of properties where tax certificates were struck off to the County and the value of the property is greater than $5,000 or if it is homestead property where the total taxes due including interest are greater than $100. Staff has been notified that there are approximately 262 parcels, and they would like authority to apply for tax deeds on these.

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 application for tax deed by County on all parcels except homestead on property valued greater than $5,000.00 and homestead property where total taxes due are greater than $100.00.

ADDENDUM NO. 1

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Nancy Clutts to fill a vacant position on the Cultural Affairs Council.

MEETINGS/MUNICIPALITIES

Commr. Hanson made a motion, which was seconded by Commr. Stivender, to approve the request for a joint meeting with the Clermont City Council on May 30, 2002 at 9:00 a.m. at Lake-Sumter Community College in Clermont.

Under discussion, Mr. Bill Neron, County Manager, explained that staff received a request from the City Manager of Clermont who, at the request of their Commission, wanted a joint meeting with the Board to discuss issues of common concern. He questioned whether the Board wanted staff to work with their staff to see if there is an agenda of issues that they want to discuss or does the Board want to go in on a free form discussion.

Commr. Cadwell stated that he felt that staff should ask the City this question, and he wants to make sure that the other folks in the south end of the County understand that Clermont requested this meeting, so that Minneola and Montverde and the others do not think that they are not being included in discussions.

Mr. Neron clarified that this was a specific request of the City Manager of Clermont, and he even suggested that maybe they would want to have a joint meeting with all of the other governments in the area, but they preferred to do a single meeting between the City and the Board.

Mr. Neron informed the Board that, since his house has been sold, he will not be able to attend the meeting, as scheduled, but Mr. Greg Welstead, Deputy County Manager, will be there to represent him.

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

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

ACCOUNTS ALLOWED/EDUCATION

Commr. Cadwell stated that, under his business, the Board added an item to the agenda. He stated that, when the County went through the change at the Southside Fire Station, the group that was doing the after school and tutoring there were going to have to leave so that they could reopen that station. The County helped them find a place with Alee Academy, which is located in Southside Umatilla and is a drop out prevention academy and charter school chartered by the School Board. There was no expectation on their part of doing anything other than helping the community but, as the school year ends, they have stayed there longer than he had anticipated, and they do have another home for the group, which the County will not be involved in. Commr. Cadwell requested that the Board contribute $1,000 to the school, which they will in turn use as a scholarship for graduating seniors this year. He felt that this would be a good gesture on their part, because they came to their aid when they needed a place to house the after school and tutoring program.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to give the Alee Academy $1,000 for services rendered to the tutoring program for the County.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

MISCELLANEOUS

Commr. Hanson extended her thanks for the donated pigs for the Camp Challenge Hog Roast.

Commr. Hanson also extended her thanks to Ms. Suzanne Pelcha for being a part of Leadership Lake County 2002, and Ms. Pelcha extended her appreciation to the Board for having her at the meeting today.



REPORTS - COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2

MEETINGS/STATE AGENCIES

Commr. Pool informed the Board that he would be meeting with Mr. Mike Snyder, District Secretary of the Department of Transportation (DOT) this afternoon.

Commr. Pool also wanted to welcome Mr. Mark Mathews from the Orlando Sentinel.

RECESS & REASSEMBLY

At 11:35 a.m., Commr. Pool announced that the Board would recess until 5:05 p.m. for the public hearing on the proposed Lake Apopka Basin Ordinance.

PUBLIC HEARINGS -

ORDINANCES/WATER RESOURCES

At 5:05 p.m., Commr. Pool announced that the Board would reconvene for the public hearing on the proposed Ordinance pertaining to the Lake Apopka Basin.

COMMITTEES/ROADS-COUNTY & STATE

Commr. Pool stated that it was requested by Mr. Glen Burns that he and Commr. Stivender sign The Florida Scenic Highway Eligibility Application, to be sent to the State Scenic Highway Committee, in Tallahassee, and they would be doing this on behalf of the Board.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to place the item, as noted, on the agenda.

ORDINANCES/WATER RESOURCES (CONTINUED)

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2002-42, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING CHAPTER 6.15.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, TO BE ENTITLED LAKE APOPKA BASIN DEVELOPMENT DESIGN AND RESOURCE PROTECTION STANDARDS; PROVIDING FOR DEVELOPMENT STANDARDS FOR THE LAKE APOPKA BASIN; PROVIDING THAT NON-RESIDENTIAL USES WITHIN THE BASIN SHALL BE LIMITED TO COMMERCIAL, INDUSTRIAL (MP) AND CIVIC USES ONLY; PROVIDING THAT AGRICULTURAL FACILITIES THAT CONTRIBUTE TO FERTILIZER RUNOFF SHALL BE PROHIBITED; PROVIDING THAT ONLY SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE PERMITTED WITHIN ONE-HALF MILE OF THE SHORELINE UNLESS PART OF AN APPROVED PLANNED UNIT DEVELOPMENT; PROVIDING FOR CONSERVATION EASEMENTS; PROVIDING FOR A NO-BUILD ZONE; PROVIDING FOR THE REMOVAL OF CERTAIN AQUATIC PLANTS WITHIN AN AREA DELIMITED BY FIFTY PERCENT OR ONE HUNDRED FIFTY FEET (150) ALONG THE LENGTH OF THE SHORELINE; PROVIDING THAT ALL SEPTIC SYSTEMS BE PLACED A MINIMUM OF ONE HUNDRED FIFTY (150) FEET FROM ANY WETLAND OR WATER BODY; PROVIDING THAT CENTRAL WATER/WASTEWATER SYSTEMS SHALL BE REQUIRED FOR ALL SUBDIVISIONS REVIEWED THROUGH THE PLANNED UNIT DEVELOPMENT PROCESS OR THE DEVELOPMENT OF REGIONAL IMPACT PROCESS; REQUIRING ALL NEW DEVELOPMENTS TO DESIGN STORMWATER MANAGEMENT SYSTEMS IN ACCORDANCE WITH THE OUTSTANDING FLORIDA WATER PROVISIONS; 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 changes to the Ordinance are to take out some of the redundancy and some of the language that was not necessary, based on other County codes and ordinances.

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

Mr. Jim Thomas, President of The Friends of Lake Apopka, addressed the Board and stated that the Board is familiar with the Ordinance, and they have worked on it for a long time. Mr. Thomas wanted to remind them that what happens on Lake Apopka has an effect all the way down stream, and it will have an effect on other bodies of water in Lake County. He stated that they this is a very good, well written Ordinance, and they encourage the Board to pass it and perhaps apply it to some other areas in the future. Mr. Thomas explained that they did not ask Orange County to adopt this Ordinance, because they have no shoreline left in Orange County, but they did fund the study, as well as Ocoee. Before they asked them to adopt the guidelines, their shoreline was submitted with these guidelines and placed in a Planned Unit Development (PUD). The Town of Montverde and the Town of Winter Garden have agreed to look at Lake County's Ordinance and perhaps prepare a similar one.

It was explained by staff that some of the guidelines were incorporated into the Pine Island PUD.

Mr. Thomas stated that the two pieces of shoreline that they were most concerned about were Pine Island and, in Ocoee, the Avante Groves, and both have now been submitted following these guidelines, with a 50 foot buffer that is a common area, and no deeded lakefront lot.

Commr. Pool stressed that he wanted to make sure that they are not including Outstanding Florida Waters (OFW) designations two miles away from the lake.

Mr. Allan Hewitt, Director of Water Resource Management, addressed the Board and reviewed a map of the Lake Apopka Protection Basin. Mr. Hewitt stated that, as shown, the northern portion of Hartwood Marsh is in the Lake Apopka Basin area. The only way to define the basin right now is by using a road. Those areas that are incorporated are exempt from the Land Development Regulations (LDRs); everything within that basin drains into Lake Apopka; everything related to the Apopka Basin will be using the St. Johns River Water Management District's (SJRWMD) stormwater requirements.

Commr. Hill stated that, as pointed out by Mr. Thomas, Orange County is no longer involved in this and they do not affect this lake. She questioned by Lake County's boundaries are so far out and Orange County is not extending theirs. She pointed out that most of Lake County's is owned by the SJRWMD, and the rest has already been developed or approved and there is very little on the shoreline. She stated that, if they are concerned about the shoreline, she does not understand why they are proposing a district this large and not proposing that for Orange County.

Commr. Pool stated that he thought he made it very clear at the first hearing that what they are concerned about is any pop off and run off into the lake, and he thought they were trying their best to say, whether it be 500 feet or 1,000 feet around the shoreline, that no OFW designation should be met. He stated that everything else in the Ordinance is okay, but he does not want to see government trying to instill OFW designations on lands that cannot contribute to Lake Apopka's pollution.

Discussion occurred regarding the process that was used for the Ordinance, with staff explaining that the basin was the definitive boundary for the Lake Apopka study guidelines. Staff explained that, once the parcel map is finished, they can then define each parcel with the district and define the basin area, and then come back and redefine the guidelines.

Commr. Pool stated that, as he had stated the first time around, if you were to take the shoreline of the lake and/or the high watermark of the lake and go out 2,500 feet, then any potential pop off from those OFW designations that could get into the lake need to be OFW designations, and that type of stormwater retrofits and/or future developments.

Mr. Hewitt clarified that stormwater management facilities within this Ordinance have to meet the SJRWMD requirements for anybody within that basin, and no other restrictions are being placed on them.

Commr. Hanson questioned how long it would be before staff could designate or delineate those parcels.

Mr. Neron stated that, in talking with Mr. Greg Welstead, Deputy County Manager, on the progress of the GIS, staff is still on target for the unincorporated area, by the end of August.

Commr. Hill stated that these are no longer guidelines but the creation of an ordinance, which is a law, and she wants to make sure that it is well written and everyone understands it, because there are other municipalities and cities that are looking at this ordinance and may want to adopt it. She realizes that staff does not want to be redundant, but she feels it is awfully important in the Purpose and Intent (Page 3), Section 6.15.02, that they leave the following language in the Ordinance: E. Removal of nuisance species and replanting of beneficial species is strongly encouraged, otherwise they have deleted the very purpose from the Ordinance. She also referred to Page 3, Section 6.15.03 Permitted Uses with the Lake Apopka Basin, and stated that they left out the agriculture component. She referred to Section 6.15.04 B. and stated that, if this becomes the Lake County obligation that they have to maintain all of the boardwalks and boat docks, even if they are in residential, because they are striking the language pertaining to the Homeowners Association. She was concerned about Pine Island, because they may be putting in a boardwalk.

Ms. Farrell explained that the legal staff found that there are other sections of platting and development permits that cover final deed restrictions and are recorded with plats, and it was redundant to put that in the Ordinance.

Mr. Minkoff stated that, in Chapter XIV, which was approved by the Board, when a subdivision has common elements, they require there be a homeowners association that has the ability to assess the lots, to pay for the maintenance of those items.

Commr. Hill referred to page 5, Section 6.15.06 Stormwater Standards and noted that there used to be language pertaining to nutrient limitations.

Mr. Hewitt explained that the information pertaining to nutrient limitations was taken out before the first reading of the Ordinance, because, for clarification, the SJRWMD uses OFW criteria for determining stormwater standards within the basin.

Commr. Hill discussed educating the public on any success of an ordinance and stated that she understands the ordinance is for Lake Apopka and, if this is a standard for all lakes in Lake County, she feels they need to be a little more specific and say that this ordinance should be site specific for this lake.

Commr. Pool referred to Page 4, Section 6.15.03 Residential Uses, 1. Only single family residential units may be developed within a one-half () mile of the lake shoreline, and stated that this is exactly what he is trying to describe as the OFW designation, to not include the entire basin, but one-half mile of that shoreline would then give them any opportunity to ensure that any pop off, or runoff is treated to OFW designations, not that entire basin.

Staff clarified that it was not the intent to include the entire basin for OFW designation; but to ensure that the shoreline, and that area around the lake, was protected. Mr. Hewitt discussed changing the OFW and stormwater portion to allow the SJRWMD to determine what type of stormwater standards they are going to permit

Commr. Pool stated that it would be the procedures of the SJRWMD to approve normal stormwater management practices, as throughout the State of Florida. He stated that this is not an OFW lake, so it would not require OFW designation. If the Board puts an OFW designation on it, to within one-half mile of the shoreline, they have created what they wanted to do, to not allow runoff.

Mr. Hewitt explained that the SJRWMD permits according to OFW standards in defining and designing the stormwater requirements, and they do not necessarily designate the lake as an OFW.

Commr. Cadwell stated that, in regards to the boundary, the County does not have the technical ability to do what the Board wants today, so he would suggest that they leave the boundary right where it is and, as the GIS comes on board, they can always amend the ordinance and amend the map, but to have the map that covers pretty much the entire basin is to ere on the side of caution and that is what they should do, because this is the only technology that the County has now to set the standards. As they get to a point where they are comfortable and there is some scientific reason to move those lines, they can amend the ordinance and map.

Commr. Hanson felt that the language, as stated, should be included in the Ordinance and that it will be changed based on the technology changes that allow them to correctly identify the boundary.

Mr. Thomas explained that the OFW requirement was imposed by the Legislature until the SJRWMD came up with a rule that better addressed the phosphorus limitations needed for Lake Apopka, and they are getting ready to publish a new waste load allocation rule, which will be applied and may be more stringent than the OFW. He felt that the Board would be safe to say let the SJRWMD handle it, because they have to permit every development anyway, so let them deal with the specifics for the requirements for the water quality. In regards to Commr. Hill's question about Orange County, they did not adopt it, because the City of Winter Garden, and the City of Ocoee, have annexed everything included in the basin to the south Florida district line. He stated that they do need to be concerned about groundwater runoff, because they are now seeing contamination of the aquifer from the tower chemical company. If the Board designates the SJRWMD rule, then they will be satisfied.

Commr. Hanson referred to Page 3, Section 6.15.03 Permitted Uses within the Lake Apopka Basin, A. 1., as discussed earlier by Commr. Hill, and stated that the Board often has rezonings, and the wording does not indicate that the Board can rezone to agriculture and this should be added to the ordinance.

Mr. Minkoff clarified that the rules presented in the Ordinance will apply to Lake Apopka and will not be applied to any other water body in Lake County.

Commr. Pool stated that, as recommended by staff, he would suggest that the Board go ahead and allow the SJRWMD to be in control of any stormwater requirements.

Mr. Minkoff stated that there would be two ways to do this, one would be to delete the entire language in 6.15.06; or alternatively, delete the words "for Outstanding Florida Waters as" which appear on lines 39 and 40.

Staff explained that the SJRWMD permits now to OFW design standards, and it will be about a year before the SJRWMD finishes their rule making process.

At this time the Board recognized two District 1 members of the Planning and Zoning Commission, and Ms. Elaine Renick, Council member, City of Clermont.

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

Ms. Farrell noted that language will be changed for the stormwater management, as well as language to the effect that the boundary will match a legal description, as technology permits, and adding agriculture as a permitted use.

Mr. Minkoff explained that the language that the Board wants to add to 6.15.01 will be something more like the "Board of County Commissioners shall review and revise this boundary as technology allows the Apopka Basin to be better defined."

Discussion occurred regarding other changes that had been requested by the Board members, with clarification being made to those specific areas of the ordinance.

Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to approve Ordinance 2002-42, as read by title only, and to include language provided by the Board.



Under discussion, Mr. Minkoff clarified those changes to the Ordinance, as follows:

Section 6.15.01 - adding language about revising the map

Section 6.15.06 - deleting "for Outstanding Florida Waters as"

Section 6.15.03 - adding agriculture



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

COMMITTEES/ROADS-COUNTY & STATE (CONTINUED)

Commr. Pool stated that he had asked that an item be added to the agenda regarding the Florida Scenic Highway application.

Mr. Glen Burns addressed the Board and explained that the application is for eligibility, and it is an attempt to describe the conditions along the highway corridor. The application will go to the State Scenic Highway Committee showing the Board's support.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved and authorized proper signatures on The Florida Scenic Highway Eligibility Application, to be sent to the State Scenic Highway Committee.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 5:40 p.m.

ROBERT A. POOL, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR/BOARDMIN/5-7-02/5-16-02