A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 19, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, May 19, 1998, 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: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, informed the Board that there was an Addendum to the Agenda, which had been properly advertised. She stated that the Agenda indicated that the County Manager's Consent Agenda consisted of Tabs 3-17; however, it should be Tabs 3-18. She further stated that, on the Addendum, under Facilities and Capital Improvements, a request for approval and execution of a contract for the purchase of real property, located at 115 E. Main Street, Tavares, Florida, in the amount of $180,000.00, needed to be removed, because the property had been sold.

MINUTES

Regarding the Minutes of April 14, 1998, the following change was requested:

On Page 13, Line 10, change the word make to made.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 14, 1998 (Regular Meeting), as corrected.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 21, 1998 (Regular Meeting), as presented.

CLERK OF COURT'S CONSENT AGENDA

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



Budgets/Budget Transfers/County Finance

Request for approval of Budget Adjustments for FY 97/98, as follows:

A. Transfers:



1. Fund: General

Department: Constitutional Officers/Sheriff

From: Reserve - Law Enforcement Automation $50,000

To: Transfer/Law Capital $50,000

Transfer #: 98-184



Justification: The Sheriff is requesting a transfer of funds collected through traffic fines that are designated for Law Enforcement Automation.



2. Fund: General

Department: Growth Management

From: Contingency $ 5,980

To: Other Salaries $ 5,980

Transfer #: 98-199



Justification: Transfer requested to sponsor a Pilot Employment Program to recruit and train students (interns) to actuate a more diverse work force.



3. Fund: General

Department: Constitutional Officers/Sheriff

From: Contingency - Sheriff $10,000

To: Transfer/Law Capital $10,000

Transfer #: 98-200



Justification: Pursuant to F.S. 30.49, the Sheriff is requesting that $10,000 be transferred into Law - Capital.



4. Fund: General

Department: Judicial

From: Contingency $25,000

To: Court Costs $25,000

Transfer #: 98-201



Justification: Due to the large case load and high profile cases, additional funds are needed for the remainder of the year.



5. Fund: Property and Casualty Insurance Fund

Department: Risk Management

From: Claims Payments $80,000

To: Professional Services $80,000

Transfer #: 98-202



Justification: Transfer needed to more accurately record costs incurred to pay Professional services, such as Attorney Fees, rather than paying all costs from Claims Payments.



6. Fund: General

Department: County Manager

From: Reserve for Salaries $ 7,894

To: Personal Services $ 7,894

Transfer #: 98-120



Justification: Due to the reclassification of the Deputy County Manager, a transfer from Reserve for Salaries is needed.





Bonds - Contractor



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



New



5108-98 James Griffis (Masonry)

5449-98 Timothy D. Fox (Residential)

5614-98 Clyde Cosgrove

5615-98 George W. Cory, III (Building)



Accounts Allowed



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



Reports



Request to acknowledge receipt of State of Florida Auditor General Report No. 13215, Audit of the Lake County District School Board, for Fiscal Year ended June 30, 1997.



Audits/Municipalities/Reports



Request to acknowledge receipt of Country Club of Mt. Dora Community Development District's Audited Financial Statements and the Annual Financial Report for Units of Local Government, for Fiscal Year ended September 30, 1997, in accordance with Section 218.32 (1) (b), Florida Statutes, as prepared by Berger, Toombs, Elam & Frank, Certified Public Accountants.



Audits/Municipalities/Reports



Request to acknowledge receipt of Deer Island Community Development District's Annual Financial Report for Units of Local Government, for Fiscal Year ended September 30, 1997, in accordance with Chapter 189.418, Florida Statutes, as prepared by Keefe, McCullough & Company, Certified Public Accountants.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 97-25, from the City of Eustis, annexing into the corporate limits of the City of Eustis, Florida, four acres of vacant land, at the northwest corner of SR 19 and CR 44, subject to the Lake County Land Use Map designation of "Urban Expansion", pursuant to Florida Statute 171.062; with a proposed city land use designation to be assigned following completion of small scale comprehensive plan amendment process. Passed, ordained, and approved in regular session of the City Commission of the City of Eustis, Florida, on the 2nd day of April, 1998.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinance No. 98-002, from the City of Fruitland Park, providing for the annexation of property generally located on the south side of Spring Lake Road, Fruitland Park, Florida, and generally known as the Bosanquet/Simpson property; providing for R-1 (Residential) zoning of the property; providing for a residential comprehensive plan land use designation for the property; providing for an effective date. Passed, ordained, and approved in regular session of the City Commission of the City of Fruitland Park, Florida, on the 23rd day of April, 1998.



COUNTY MANAGER'S CONSENT AGENDA

Commr. Good requested that Tab 6, a request from Community Services for approval and execution of a Resolution and Certification Page amending the Lake County Housing Assistance Plan, for State Fiscal Years 1997/98, 1998/99 and 1999/00, be pulled from the Consent Agenda and discussed separately; and Commr. Hanson requested that Tab 12, a request from Public Works for approval to advertise for bids for West Eldorado Drive Paving Project No. 9-98, at an estimated cost of $90,000.00, from the Transportation Trust Fund - Commissioner District 4, be pulled from the Consent Agenda and discussed separately, as well.

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

Communication Systems/Resolutions/Roads-County and State

Request from Communication Systems for approval and execution of Resolution No. 1998-82, renaming South Landfill Road (1-6503) to Rolling Acres Road.

Affordable Housing/Community Services



Request from Community Services for approval and execution of Satisfaction of Mortgage for Bryan and Paula L. Strong.



Affordable Housing/Community Services



Request from Community Services for approval and execution of Satisfaction of Mortgage for James and Kristi Ward.



Community Services/Environmental Health/Public Health/Resolutions



Request from Community Services for approval of Resolution No. 1998-83, amending Resolution No. 1997-215, providing for an amendment to the fees charged by the Lake County Health Department, within the areas of Primary Care and Environmental Health.



Community Services/Contracts, Leases and Agreements/Libraries



Request from Community Services for approval to hold the Lake County Library System Information Fair at the Lake Square Mall, on Friday, July 17, 1998; and execution of a Marketing License Agreement.



Fire and Emergency Services/Resolutions



Request from Fire and Emergency Services for approval and execution of Resolution No. 1998-77, adopting Lake County's Comprehensive Emergency Management Plan (CEMP).



Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects



Request from Public Works for approval to advertise for bids for Phase II of Lake Harris Shores Reconstructing and Resurfacing Project No. 7-98, at an estimated cost of $140,000.00, from the Transportation Trust Fund - Commissioner District 3.



Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects



Request from Public Works for approval to advertise for bids for CR 455 Widening and Resurfacing Project No. 8-98, at an estimated cost of $300,000.00, from the Road Impact Fee Fund - Commissioner District 2.



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



Request from Public Works for acceptance of the following:



Corr Non-Exclusive Easement Deed



Faith Lutheran Church at Eustis, Florida

Old Mt Dora Road (3-4865)





Drainage Easement



Saunders, Mark West

Lake Drive (4-8698B)



Abbanat Family Trust

Abbanat, James A. (Individually and as Trustee)

South Island Drive (4-8590A)



Non-Exclusive Easement Deed



Lee, James A. and Alene M.

CR 455 (2-2354)



Whitmarsh, Kenneth R.

SR 19



Statutory Quitclaim Deed



Semonasky, Richard C. and Barbara H.

Robbins Road



Statutory Warranty Deed



Shirk, Richard A., Jr. and Yvonne Bowron

Apiary Road (5-6745)



Lee, James A. and Alene M.

CR 455 (2-2354)



Wells, Wendy K.

Wells, Benny A.

Lake Erie Road (2-0613)



Smith, Daniel A.

Laws Road (2-0258)



Bailey, Joyce Brumley

Maine Avenue (4-5569A)



Suntrust Bank, Central Florida, N.A. (As Trustee)

Peru Road (5-7961)



Calhoun, H. Lamar (Individually and as Trustee)

Calhoun, Charles M. (Individually and as Trustee)

Lake Street (5-7864)



Rights-of-Way, Roads and Easements/Public Works/Municipalities



Request from Public Works for approval to advertise Vacation Petition No. 865, by G&T Conveyor Company, Inc., to vacate drainage easements, Southridge Industrial Centre, Section 8, Township 20, Range 26, Tavares area - Commissioner District 3.



Rights-of-Way, Roads and Easements/Public Works/Municipalities



Request from Public Works for approval to advertise Vacation Petition No. 866, by Franklin D. and Brenda Logenback, to vacate right-of-way, Monte Vista Park Farms, Section 8, Township 23, Range 26, Clermont area - Commissioner District 2.



Public Works/Resolutions



Request from Public Works for approval and execution of Resolution No. 1998-78, declaring May 18-23, 1998, as Buckle Up America Week in Lake County.





County Policy/Purchasing



Request from Purchasing for approval of the deletion of BCC Policy No. LCC-19, concerning the Acquisition of Consultant Professional Services providers, replaced by Lake County Purchasing Procedures, dated October 15, 1997.



Outdoor Recreation/Municipalities/Resolutions/Tourist Development



Request from Tourist Development for approval and execution of Resolution No. 1998-79, in support of the Pro Hydrator USA Triathlon National Championship and Lotus Elite Qualifier, to be held in Clermont June 19-21, 1998.



PERSONAL APPEARANCES/PUBLIC HEARINGS

PUBLIC HEARINGS

COMMITTEES/ORDINANCES

Ms. Valerie Fuchs, Assistant County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR AMENDMENT TO CHAPTER XV, ROAD AND SCHOOL IMPACT FEES OF THE LAND DEVELOPMENT REGULATIONS, APPENDIX E OF THE LAKE COUNTY CODE; PROVIDING FOR AMENDMENT TO SECTION 15.00.06© WHICH ESTABLISHES THE MEMBERSHIP OF THE LAKE COUNTY IMPACT FEE EVALUATION AND REVIEW COMMITTEE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.



The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1998-35, amending Section 15.00.06© of Ordinance No. 1998-31, replacing a representative from the EDC of Mid-Florida with a member from the Industrial Development Authority on the Lake County Impact Fee Evaluation and Review Committee.

ACCOUNTS ALLOWED/COMMITTEES/COMMUNITY SERVICES

CONTRACTS, LEASES AND AGREEMENTS/GRANTS/SHERIFF'S OFFICE

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that the Bureau of Justice Assistance requires that direct award recipients of Local Law Enforcement Block Grant funds hold at least one public hearing on the proposed use of said funds. He stated that the Local Law Enforcement Block Grant Advisory Committee met on April 29, 1998 and made a recommendation to the Board for the use and allocation of said funds, for the period of October 1, 1997 through September 30, 1999. He stated that two proposals were received from the Lake County Sheriff's Office, in response to a Request for Proposal issued February 24, 1997, which are consistent with Bureau of Justice guidelines and are recommended for funding, as follows:

Grant Funds Match Funds*

1. Lake County Sheriff's Office $ 67,213.00 $ 7,467.78

Purchase Firearm Training Simulator



2. Lake County Sheriff's Office $ 60,137.00 $ 6,681.22

School Resource Officer-Umatilla High



Total $127,350.00 $ 14,149.00*



* Match funds are to be provided by the Sheriff's Office



The Chairman opened the public hearing.

No one was present in opposition to the request.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of the recommendation from the Local Law Enforcement Block Grant Advisory Committee to expend the 1997-1999 Local Law Enforcement Block Grant allocation for (1) a School Resource Officer, and (2) the purchase of a Firearm Training Simulator, through a contract with the Lake County Sheriff's Office; and authorization for the Chairman to execute subsequent contracts and documents, in the total amount of $127,350.00 in grant funds, and $14,149.00 in required case match, provided by the recipient of the funds.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

MISCELLANEOUS

Mr. Don Braksick, a local resident, appeared before the Board and gave a presentation on historic burial grounds in Lake County. He stated that he was concerned about the County's historic burial grounds and cemeteries, noting that there are 101 or more of them in and around Lake County, however, approximately 20% of them face deterioration problems. He stated that he was concerned about how the problem could be corrected and questioned whether a committee could be formed that could formulate a preservation plan. He stated that the State is forming a task force that deals with abandoned or neglected cemeteries and that he had received a letter from them stating that they looked forward to his expertise and that he might be asked to serve on the committee.

Commr. Hanson stated that she felt the cemeteries were part of a cultural heritage theme that needs to be developed in the County, for tourism, noting that there are people who travel to different areas of the country just to study cemeteries. She stated that she agreed with Mr. Braksick that a committee needs to be created to help identify where cemeteries are and come up with a plan of action.

It was noted that the committee could look into what the best avenues would be to address the issue and report back to the Board, at a later date, with a plan of action.

Commr. Cadwell stated that the Cities maintain a lot of the cemeteries and a lot are maintained by organizations in the community; however, there are some private cemeteries that the County cannot do anything about. He stated that he would contact the County's independent funeral directors and see if they would be willing to help, possibly through a subcommittee of the Historical Society. He suggested having someone speak to the Board, to help them understand the difference between commercial, private, and municipal cemeteries and what rules and regulations they fall under.

Commr. Hanson suggested that the committee obtain input from Mr. Chuck Pula, Coordinator, Parks and Recreation, Facilities and Capital Improvements, noting that she felt it might be helpful.

The Board thanked Mr. Braksick for bringing the matter to their attention.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Barbara Babair, a resident of Clermont, addressed the Board regarding the issue of a junk yard/car crushing business (Midway Iron and Metal) located near her home and whether it violates any county codes or restrictions. She also expressed a concern about the possibility of her well water being contaminated by runoff from the business. She stated that she contacted the Property Appraiser's Office, Code Enforcement, and Commr. Good, however, had not been able to obtain any answers.

Discussion occurred regarding the matter, at which time staff was directed to find out whether or not said company was in compliance and bring an answer back to the Board, at a later date, as well as inform Ms. Babair of their findings.

Commr. Good stated that he had placed four calls to the owner of Midway Iron and Metal, however, had not received a response from him, to date. He stated that he would continue to try to contact the gentleman and obtain some answers for Ms. Babair.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

GRANTS/PUBLIC WORKS/STATE AGENCIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that his department expended approximately $15,000.00 in clerical work, over the past two to three years, creating a crash database, to provide supporting material to the Florida Department of Transportation (FDOT) for grant funding. He stated that the County is applying for $1,235,094.00 worth of work, of which it will provide an in-kind service match of 8% ($98,807.00), which will include the design and inspection of the projects. He stated that said funds will be transferred from impact fees, because all the projects will be dealing with impact fee roads.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and execution of four (4) Crash Reduction Grant applications to the Florida Department of Transportation.

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS/ROAD PROJECTS

ROADS-COUNTY AND STATE

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it has been in the County's road program for five or six years. He stated that it is a small county maintained clay road, located in a neighborhood that has filled out, that needs to be paved.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to advertise for bids for West Eldorado Drive (4-6379) Paving Project No. 9-98, at an estimated cost of $90,000.00, from the Transportation Trust Fund - Commissioner District 4.

COMMUNITY SERVICES/GRANTS/RESOLUTIONS

Commr. Good informed the Board that he requested that this item be pulled from the County Manager's Consent Agenda and addressed separately, because he opposed the 5% administrative costs involved with this request, noting that he felt the dollars should be spent on affordable housing, not on administrative costs, and he wanted his vote to reflect same.

Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained this request, stating that, in March of this year, when the Resolution that allowed 5% of the Lake County Affordable Housing Assistance Program's income to be allocated for administrative expenses, staff discussed with the Board how said funding would be used.

Ms. Debbie Tinis, Human Services Coordinator, Community Services, addressed the Board, stating that the Florida Statutes has always allowed 10% of the grant monies received to go toward administrative costs and Lake County has done so since 1993, when the Resolution authorizing same was approved by the Board. She referred to Page 30 of Exhibit "A", contained in the Board's backup material, stating that it shows that the County's program income for administrative costs is 5% of the interest that is earned, which amounts to $1,250.00 for FY 1997/98. She stated that next year they anticipate receiving approximately $1,400.00. She stated that the County budgets said figures and, in March of each year, a Resolution is submitted for approval authorizing it.

Commr. Good stated that he feels the non-profit partners need to come forward and pick up the administrative costs.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried, by a 3-2 vote, the Board approved a request from Community Services for approval and execution of Resolution No. 1998-80 and Certification Page, amending the Lake County Housing Assistance Plan for State Fiscal Years 1997/98, 1998/99, and 1999/00.

Commrs. Gerber and Good voted "No".

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board appointed Dr. Jacquelyn E. Puglia, President of the Lake County Medical Society, as the Medical Society's representative on the Lake County Comprehensive Health Care Committee.

COMMITTEES/RESOLUTIONS/TOURIST DEVELOPMENT

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Tourist Development for approval of Resolution No. 1998-81, appointing Mr. Hugh Gibson to the Tourist Development Council, under the category of Group 2 - Elected Representative of Governmental Units, to fill an unexpired term ending December 1, 1998.

REPORTS

COMMISSIONER GOOD - DISTRICT 2

LIBRARIES/MUNICIPALITIES

Commr. Good informed the Board that he needed to obtain clarification, with regard to the County's library system and what kind of governing board they feel the County needs for same. He stated that a meeting was held with various elected officials and library personnel from the municipalities and member libraries of the County's library system and that Mr. Robert Moore, President, Lake County League of Cities, questioned whether the Board was the most appropriate entity to appropriate funding for the library system. He stated that Mr. Moore was concerned about the fact that the municipalities did not have enough say about the appropriation of county dollars, noting that he feels the municipalities want to have more say over where county dollars are spent. He stated that he relayed to Mr. Moore and the other individuals attending the meeting that the Board feels they are the appropriate governing board for the library system. He stated that he was asked to see if the Board's position was negotiable, or amenable to any kind of change, the idea being that the advisory board is, in some people's opinion, not an advisory board. He stated that some individuals were asking whether they could become more than just advisory and actually participate in the appropriations process, as some kind of governing board.

Commr. Cadwell stated that he relayed to the League of Cities what he felt was the Board's opinion and that his personal opinion was that he did not know whether he would be able to find a comfort level in any type of governing board that would usurp the Board's powers over their funds.

Commr. Hanson stated that her feelings were similar, noting that she has a problem with any board that directs public dollars, without being elected. She stated that she did not feel the Board could set aside a board that is completely autonomous from them, to use the dollars, without being accountable to anyone.

Commr. Gerber stated that she attended the last meeting of the Library Board and informed them that the Board is not going to give up its say over how money is spent, because that is their responsibility, however, feels that there is ground where the two can agree. She stated that the Library Board does not like the word "advisory " and the Board does not like the word "governing". She stated that they feel powerless, because as an advisory board they do not have a lot of input, with regard to the budget. She stated that it comes down to how the Board wants the system to be formulated.

Commr. Swartz noted a concern he had that, in all the years the County has had an elected library board the majority of the members have been appointed by the cities, yet, to this date, there has not been one city that has appointed an elected official to that board, even though they have had the ability to do so. He stated that that group has formed the recommendations that come to the Board for approval and the budgets that come from the cities come forward as they have approved them and are then merged into the County system and are supplemented by state and county funds. He stated that he feels the current system works fine. He stated that the cities need to decide whether or not the relationship is beneficial to their citizens. He stated that, if it is and it works for county residents as well, it is a great deal; however, in situations where that is not the case, they need to understand that they may have to go different directions. He stated that it may be time for the County to have its own library, at least a central library. He stated that he believes, within the framework that exists, the Board will work in the cities' elected officials, if that is what they want.

Commr. Hanson stated that she did not have a problem with eliminating the word "advisory", if it is a big problem.

Ms. Wendy Breeden, Library Manager, Community Services, addressed the Board, stating that the Library Board wants to know, before they proceed further, how the Board feels.

It was noted that the defining issue is the word "governing" versus "advisory " and that the Board needs to decide where they are on that issue.

Ms. Breeden stated that the Library Board wants to be a policy board/planning board; however, they do not want to be an administrative board, but they do want to develop budgets. Commr. Cadwell stated that the Board needs to look at what is best for the people that they represent and move forward with it.

No action was taken.

RECESS AND REASSEMBLY

At 10:25 a.m., the Chairman announced that the Board would recess until 10:45 a.m.

ADDENDUM NO. 1

REPORTS

COMMISSIONER GOOD - DISTRICT 2

CONTRACTS, LEASES AND AGREEMENTS/WATER AUTHORITY

Commr. Good informed the Board that Ms. Marlene Young, County Commissioner from Polk County, recently met with representatives from Lake County, the St. Johns River Water Management District (SJRWMD), the Southwest Florida Water Management District (SWFWMD), and the Oklawaha Basin Recreation and Water Conservation and Control Authority, regarding the issue of the hydrologic problems that are in the Lake Lowery area and in Polk County, that effect the wetlands in the Green Swamp area of Lake County. He stated that the proposal before the Board this date was an agreement between all the entities involved, for a comprehensive surface water study in the Lake Lowery region.. He stated that the agreement was to find cooperative funding between the various agencies for a comprehensive surface water management study, with proposals on how to mediate some of the historic changes that have been made along the system and try to reconstruct the historic flow of the basin.

Mr. Sandy Minkoff, County Attorney, informed the Board that all the entities alluded to met and discussed the agreement. He stated that it obligates Lake County to spend up to $22,500.00 for its portion of the study, with the total impact to Lake County being $45,000.00. He stated that the Water Authority (Oklawaha) is paying the other half. He stated that the estimated cost for the total study is approximately $150,000.00. He stated that Polk County is contributing $45,000.00; the SJRWMD is contributing $45,000.00; and the SWFWMD is contributing $15,000.00. He stated that the study is to have two phases, however, it is not certain that both of them can be completed within the fiscal year being discussed. He stated that they would (1) evaluate what was there, historically, and (2) evaluate the options for restoration. He stated that the agreement provides that all the parties involved agree to ask the administrative judge to abate litigation for one year; however, if the judge will not agree to that, then the agreement will become null and void and the County will continue with litigation.

Commr. Good reviewed the Scope of Work, noting that it states the objective of Phase II is to evaluate the cost benefits and environmental impacts of off-site flooding with impacts of several flood protection alternatives for Lake Lowery. He read into the record what it states regarding same, noting that he felt it was important that the restoration of historic flows to the Green Swamp, Big Creek, and Lake Louisa were first on the list.

Mr. Minkoff interjected that that had been changed, somewhat, noting that the new language is not going to state "restoration of historic flows", because the way it currently reads assumes that there was an historic flow to those areas. He stated that the objective is, if in fact Phase I shows that the historic flow is different than what is presently occurring, to evaluate what it would cost to restore it. He stated that there were no changes to the substance of the agreement, there were only wording changes. He stated that he had hoped to have the actual document for the Board this date; however, his office had not yet received it. He stated that he would have it, for the Board's perusal, at the next regularly scheduled Board Meeting.

CLERK/COMMITTEES/RESOLUTIONS

` Commr. Cadwell requested the Board to direct staff to prepare a Resolution for Mr. Bill Horan, Coordinator, Lake County Historical Museum, and President of the Lake County Historical Society, who is scheduled to retire this year, thanking him for his service to Lake County, to be presented at the June 2, 1998 Board Meeting.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

COMMISSIONERS/EDUCATION

Commr. Swartz informed the Board, for informational purposes, that they had been invited to attend a luncheon at Lake Sumter Community College, to be held June 16, 1998, where they will be updated as to what is currently happening at the college and what the college's plans are for the future. He noted that the luncheon would be advertised as a meeting.

REPORTS

COUNTY MANAGER

ASSESSMENTS/BUDGETS/FIRE AND EMERGENCY SERVICES/MEETINGS

Ms. Sue Whittle, County Manager, informed the Board, for informational purposes, that due to conflicts in the July Board of County Commissioner's meeting schedule, she would do a quick overview of the County's budget, during the Board Meeting scheduled for July 14, 1998. She asked the Board to reserve the week of July 27-31, 1998, as well as Monday, August 3, 1998, for reviewing and discussing the budget. She noted that Tuesday, August 4, 1998, is the last day to set the millage. She further informed the Board that a Public Hearing is to be held in July, 1998, regarding fire assessments, and that she felt staff may be able to schedule it during a regular meeting. She informed the Board that a date has not yet been set for said public hearing.

ADDENDUM NO. 1

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

COUNTY POLICY/LAWS AND LEGISLATION/MEETINGS

PLANNING AND DEVELOPMENT/REPORTS/ZONING

Commr. Swartz brought to the Board's attention an item that he placed on the Agenda for their consideration, being the policy for quasi-judicial hearings, as it relates to the County's Five Year Comprehensive Plan Evaluation and Appraisal Report. He suggested that the Board direct the County Attorney to put it into policy form, or adopt it as part of the Code, rather than have what the County is currently operating under, which is just a memorandum from the previous County Attorney. He stated that, while the Board has a higher standard for requiring quasi-judicial hearings, as it relates to zoning cases and land plan amendments, it goes beyond the statutory requirements. He stated that the issue regarding the County's Five Year Comprehensive Plan Evaluation Appraisal Report puts the County in a position of what amounts to a countywide review. He stated that there are going to be questions and comments from citizens and land owners, given the County's existing policy, even though they are legislative and not truly quasi-judicial.

Mr. Sandy Minkoff, County Attorney, stated that the current state of the law is that comprehensive plan amendments are not quasi-judicial, other than ones that are less than 10 acres, which is left open. He stated that there is a statute that lets the Board avoid the rule, with regard to zoning cases, if they wish; however, many attorneys throughout the State believe it is not valid, therefore, many governments have not adopted the process. He stated that there is a constitutional amendment forthcoming. He stated that there have been Bills, over the past two years, that have allowed the Board to overrule on zoning cases; however, the question is whether the Legislature has the authority to overrule the courts. He stated that, with regard to comprehensive plan amendments, there is no question that Board members can discuss them outside the meetings, because they are legislative issues.

It was the consensus of the Board that staff rewrite the policy and that, as far as comprehensive plan evaluation and appraisal issues are concerned, as they relate to land use, the Board members will be free to meet with individuals and groups and discuss them.

Mr. Minkoff, County Attorney, stated that he would bring language back to the Board, at a later date, for approval, with regard to the matter.

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



__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



sec/5-19-98/5-22-98/boardmin