BCC MEETING MINUTES

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 7, 1999

The Lake County Board of County Commissioners met in regular session on Tuesday, December 7, 1999, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

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

ELECTION OF OFFICERS

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board re-elected Commr. Welton G. Cadwell to serve as Chairman of the Board of County Commissioners for the year 2000.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board re-elected Commr. Catherine C. Hanson to serve as Vice-Chairman of the Board of County Commissioners for the year 2000.

AGENDA UPDATE

Ms. Sue Whittle, County Manager, requested that Tab 22, under the County Manager's Departmental Business, a request from Emergency Services for approval of a Countywide Communication System, in the amount of $1,300,000.00, be pulled and rescheduled at a later date, as well as Tab 14, under the County Manager's Consent Agenda, a request from Fiscal and Administrative Services - Geographic Information System, for approval and adoption of an Interlocal Agreement between the Lake County Board of County Commissioners and the Lake County Property Appraiser, to facilitate the creation of a countywide Geographic Information System for the citizens of Lake County.

Commr. Cadwell requested that Tab 5, under the County Manager's Consent Agenda, a request from Economic Development for approval of agreements between Lake County and the Economic Development Commission of Mid-Florida, Inc. - Master Agreement and Agreement to Service an Industrial Development Authority, in the amount of $190,000.00, be pulled and rescheduled at a later date.

MINUTES

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 2, 1999 (Regular Meeting), as presented.

CLERK OF COURTS' CONSENT AGENDA

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

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.

Bonds - Contractor

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

New

5508-2000 Mid Fla. Heating & Air, Inc. A Wholly Owned Subsidiary of Service Experts, Inc. (HVAC)

5634-2000 Gerry G. Smith d/b/a Quality Plus Aluminum

5741-2000 Frank W. Kurpetski, Jr. d/b/a Frank W. Kurpetski & Son, Inc.

5742-2000 John Glaser d/b/a Laser Lectric, Inc. (Electrical)

5743-2000 Blankenship Land and Marine, Inc. (Marine)

5744-99 Henry E. Pierce Electrical Contractor

5744-2000 Henry E. Pierce Electrical Contractor

Cancellation

4571-99 David Gibbs (Plumbing Contractor)

Reports/State Agencies

Request to acknowledge receipt of Southwest Florida Water Management District Five-Year Capital Improvement Plan and Fiscal Report for FY 1998-99, pursuant to the provisions of S.373.079(4)(b)3, Florida Statutes.

Accounts Allowed/County Property

Request to acknowledge receipt of list of items to be deleted from Fixed Assets for the month of December, 1999, in the amount of $14,512.25.

Florida Public Service Commission/Utilities

Request to acknowledge receipt of Notice Before the Florida Public Service Commission: In Re: Application for authority to transfer facilities of J. Swiderski Utilities, Inc. and Certificate Nos. 371-S and 441-W, in Lake County, to AquaSource Utility, Inc.; Docket No. 981779-WS; Order No. PSC-99-2115-PAA-WS; Order Approving Transfer and Declining To Initiate A Show Cause Proceeding and Notice of Proposed Agency Action Order Establishing Rate Base and Declining To Approve An Acquisition Adjustment for Transfer Purposes.

Florida Public Service Commission/Utilities

Request to acknowledge receipt of Legal Notice - Notice of Application for Amendment of Water: Pursuant to Section 367.045, Florida Statutes, Notice is hereby given, on November 2, 1999, of the Application of Florida Water Services Corporation to amend its Water Certificate No. 106-W, to amend territory in Lake County, Florida, as follows:

Township 22 South, Range 25 East, Lake County, Florida

Township 21 South, Range 25 East, Lake County, Florida

Any objection to said application must be made in writing, within thirty days of the date of notice, to Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0870. A copy of said objection should be mailed to the applicant at Florida Water Services Corporation, Attention: Matthew J. Feil, Esquire, P. O. Box 609520, Orlando, Florida 32860-9520.

Education /Municipalities

Request to approve letter from Tavares Middle School indicating that the Exceptional Student Education (E.S.E.) Department has started an organization for its students called GroundWerks. They are learning to keep records, files, etc. and need to have access to the technology, but they do not have the funds to purchase computer equipment. They understand that the County has a computer to donate, which has been declared as surplus property, and they would like the County to consider donating the computer to the Tavares Middle School GroundWerks Club.

Accounts Allowed/Bonds/Solid Waste

Request to approve Engagement Letter with Ernst & Young for the calculation of arbitrage rebate for the $69,615,000.00 Industrial Development Refunding Revenue Bonds (NRG/Recovery Group Project), Series 1993A, and authorized proper signatures on same. (Fiscal impact: $2,750.00 for the first annual calculation.)

COUNTY MANAGER'S CONSENT AGENDA

Commr. Gerber informed the Board that Tab 3, under the County Manager's Consent Agenda, a request from Community Services for approval of an Interlocal Agreement for Reciprocal Borrowing between the Orange County Library System and Lake County took a lot of time and effort. She stated that she wanted everyone to be aware of the fact that a situation now exists where an individual in Lake County who has a library card can go to Orange County and do reciprocal borrowing of library materials and vice-versa.

Commr. Hanson requested that Tab 9, under the County Manager's Consent Agenda, a request for approval to change the average annual wage in Lake County to $10.39 per hour, as it applies to the Jobs Growth Investment Trust Fund, be pulled for discussion.

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

Community Services/Contracts, Leases and Agreements/Libraries

Request from Community Services for approval and signature on an Interlocal Agreement for Reciprocal Borrowing between the Orange County Library System and Lake County.

Community Services/Contracts, Leases and Agreements/Libraries

Request from Community Services for approval and signature on the First Amendment to the Interlocal Agreement relating to the Provision of Library Services with the Governing Bodies of the Lake County Library System Six Member Libraries.

Accounts Allowed/Economic Development/Funds

Request from Economic Development for approval of the Jobs Growth Investment Trust Fund Agreement between Lake County and Handex Environmental, Inc., in the amount of $80,000.00.

Accounts Allowed/Economic Development/Funds

Request from Economic Development for approval of the Jobs Growth Investment Trust Fund Agreement between Lake County and Bailey Industries, Inc., in the amount of $50,000.00.

Contracts, Leases and Agreements/Economic Development/State Agencies/Tourism

Request from Economic Development for approval to execute a contract between the State of Florida, Office of Tourism, Trade, and Economic Development and Lake County, on behalf of Handex Environmental, Inc.

Contracts, Leases and Agreements/Emergency Services/Municipalities

Request from Emergency Services for approval and execution of an Interlocal Agreement between Lake County and the City of Minneola, for Animal Control Services.

Animal Control/Contracts, Leases and Agreements/Emergency Services/Municipalities

Request from Emergency Services for approval and execution of an Interlocal Agreement between Lake County and the City of Tavares, for Animal Control Services.

Accounts Allowed/Contracts, Leases and Agreements/Municipalities

Facilities and Capital Improvements/Sheriff's Office

Request from Facilities and Capital Improvements for approval and signature on a Lease Agreement with the City of Clermont, for the Lake County Sheriff's Office Substation, in the amount of $21,000.00.

Accounts Allowed/Fiscal and Administrative Services - Budget/Budgets

Budget Transfers/Clerk/Economic Development/Sheriff's Office

Facilities and Capital Improvements

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

Budget transfer for Economic Development from Aids to Private Organizations to Contractual Services, in the amount of $25,000.00, for an increase in contracted service with the Economic Development Commission of Mid-Florida. The Commission had not indicated an increase prior to the budget process. (Contingent upon approval of Agenda Item No. 2000-077A).

Budget transfer for Facilities and Capital Improvements from Buildings to Machinery and Equipment, for radio communications, for Emergency Services, in the amount of $1,300,000.00, to put in appropriate object code. (Contingent upon approval of Agenda Item No. 2000-074A).

Budget transfer for Constitutional Offices - Sheriff, from Contingency - Sheriff, to Law Enforcement Capital Outlay, in the amount of $89,000.00, pursuant to F.S. 30.49, at the request of the Sheriff. The Sheriff received this refund in FY 1999 from the insurance provider, after a helicopter crashed. This carryover was budgeted in the Sheriff's Contingency Account in FY 2000.

Budget transfer for Constitutional Offices - Sheriff, from Police Services - Montverde, to Law Enforcement Personal Services, in the amount of $5,000.00, pursuant to F.S. 30.49 request from the Sheriff.

Check request (direct pay) from the Clerk of Courts, for payment of October 1999 Criminal Court Fees. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is $27,337.00.

Accounts Allowed/Contracts, Leases and Agreements

Fiscal and Administrative Services - Procurement Services

Request from Fiscal and Administrative Services - Procurement Services for authorization to award RFP 99-103, encumber funds, and authorize an annual contract with two additional renewal options, subject to County Attorney approval, to Rispoli-Sosa Architecture, Inc., to provide On-Call Architectural Services to Capital Improvements. These services are for County projects in which the construction costs per project do not exceed $250,000.00, or when the fee for such professional services per project does not exceed $25,000.00.

Fiscal and Administrative Services - Risk Management

Contracts, Leases and Agreements

Request from Fiscal and Administrative Services - Risk Management, for approval of Consent to Assignment and Assumption Agreement between the Lake County Board of County Commissioners, in favor of Anthem Insurance Companies, Inc., and FlexBen Corporation.

Accounts Allowed/Fiscal and Administrative Services - Risk Management

Request from Fiscal and Administrative Services - Risk Management, for approval of name change and rate increase with Provident Life Insurance Company, in the amount of $5,000.00 per year.

County Employees/Personnel

Request from Personnel for approval and execution of Certificates for employees with one and three years of service to the County.

Accounts Allowed/Contracts, Leases and Agreements/Municipalities/Public Works

Roads-County and State/Road Projects

Request from Public Works for authorization to execute an Interlocal Agreement between Lake County and the City of Leesburg, relating to the Echo Drive/US 441 Intersection Realignment Construction Project; and to encumber $54,541.75 from the Road Impact Fee Fund, Benefit District 3, Commission District 1.

Assessments/Public Works/Roads-County and State

Request from Public Works for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens for the following road assessments:

Assess # Name Date Pd

677059 Phillip and Lillian Hardy 09/20/99

679034 William and Nancy Bell 10/01/99

685069 Robert S. Johnson 10/25/99

685093 James and Erica Guenther 10/06/99

687019 Jesse and Alice Rogers 09/20/99

690003 Barbara McDole 10/01/99

795922 Thomas and Sara Brown 10/18/99

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

PRESENTATION

The Chairman presented Employee Awards, as follows:

Plaque to Employees with Five Years of Service to the County

Deborah Chadwick, Euthanasia Technician, Emergency Services/Animal Control

(Not Present)

Larry P. Duke, G.I.S. Analyst II, Fiscal and Administrative Services/Geographic Information System

Charles E. Deal, Maintenance Worker II, Facilities and Capital Improvements/Building Maintenance (Not Present)

Susan A. Larson, Public Information Officer, Emergency Services/Emergency Management

Dorothy Jackson, Emergency Management Specialist, Emergency Services/Emergency Management

Anne D. Lanier, Secretary III, Community Services/Veterans

Plaque to Employees with Ten Years of Service to the County

Gerald Bramlett, Mosquito Inspector II, Public Works/Mosquito Aquatic Plant Management

Dollie Marie Galusha, Assistant Veterans Officer, Community Services/Veterans

Bonnie K. Lynch, Mapping Services Technician, Public Works/Engineering

Plaque to Employee with Fifteen Years of Service to the County

Frank Johnson, Equipment Operator III, Public Works/Maintenance Area III

Plaque to Retiring Employee with Fifteen Years, Five Months

George D. Harrison, Chief Maintenance Specialist, Facilities and Capital Improvements/Facilities Management/Building Maintenance (Not Present)

Plaque and Bond to "Employee of the Quarter"

James Bridgewater, Jr., Aquatic Spray Technician, Public Works Special Services/Mosquito Aquatic Plant Management

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

PRESENTATION

The Chairman presented Board/Committee Certificates, as follows:

Lake County Affordable Housing Advisory Committee

Betsy Median for service from 1998 to 1999 (Not Present)

Margaret McNich for service from 1997 to 1999

Lake County Bicycle/Pedestrian Advisory Committee

Barbara A. Milazzo for service from 1997 to 1999

Paul Lippert for service from 1997 to 1999 (Not Present)

Lake County Environmental Protection Advisory Board

Robert E. Farner for service from 1997 to 1999 (Not Present)

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

PRESENTATION

RESTORATION OF THE OCKLAWAHA RIVER

GROWTH MANAGEMENT/TOURIST DEVELOPMENT

Ms. Christina Jackson, Restoration Specialist, Florida Defenders of the Environment, a non-profit statewide group, addressed the Board and gave a presentation regarding the restoration of the Ocklawaha River and the opportunities for ecotourism, in doing so. She stated that it was important, both to this area of Florida and to the State, to restore the river, because it is a natural resource and an economic issue important to the State. She stated that Lake County is in the headwaters of the Ocklawaha River, noting that the river flows north from Lake Griffin, after the County's chain of lakes, and creates the western and northern boundary of the Ocala National Forest. She stated that there is a segment of the Ocklawaha River and its tributary, the Silver River, coming from Silver Springs, that is declared outstanding Florida waters. She stated that the segment that is in question is closer to the outflow of the Ocklawaha River into the St. Johns River. She stated that the area she wished to address was dammed as part of the Cross Florida Barge Canal Project, known as the Rodman Reservoir. She stated that the area is entirely in public ownership, as it was meant to be part of the Cross Florida Barge Canal. She stated that the State is presently paying an average of $500,000.00 of state tax money, to operate and maintain the barge canal structure and the dam spillway. She stated that the water in the reservoir is not used for drinking water, or to move barges across the State, and it is also not used for flood control for the area - it is simply a remnant of a failed project, including aging structures that are killing manatees and endangered species important to Florida and denying access to approximately 60 miles of manatee habitat. She stated that the dam and lock are also excluding migratory fish, as well. She stated that approximately 1,000 acres of the Ocala National Forest are submerged under the reservoir, as well as 20 natural artesian springs. She stated that the land is currently part of the State's Cross Florida Greenway, but noted that there is limited recreation, due to tree stumps from 9,000 acres of dead forest that are submerged in the area.

Ms. Jackson stated that $1.5 million has been spent since 1995 studying the area, to ensure that restoration is the best thing for the environment. She stated that the conclusion of the study is that it will benefit the environment to restore the reservoir and that, economically, the reservoir is important to the economy of Putnam and Marion counties, in which it lies, and is microscopic to the retail economy of said counties. She stated that the grand total for restoration would be $12.4 million. She stated that the State can choose to restore the river, by removing Rodman Dam, and 25 years from now the restoration plan will have paid for itself and the State will have a young hardwood forest in this area, with an enclosed canopy and natural trees and vegetation, and fish and wildlife will again be using the area, or it can choose to spend the same amount of money, being $12.5 million over 25 years, maintaining a shallow lake, which is filling with sediment and still has waterweed problems. She stated that, at this point in time, the structures that the Corps of Engineers built to create the reservoir will be 56 years old and in need of replacement, so the State is going to be facing potentially millions of dollars to replace the structure.

At this time, Ms. Jackson showed a brief video about the Ocklawaha River and the need to restore it and answered questions from the Board regarding same.

Commr. Hanson stated that her interest lies in the impact that the river may have on ecotourism in the County, however, noted that she was not sure anyone knows what the true impact of the river might be on the County. She stated that, if the Board was interested in doing so, she would like to have the Tourist Development Council do an evaluation of the impact on tourism in Lake County, if the dam were not present.

Ms. Jackson stated that a report was compiled from a study that was conducted by an Economics professor from Florida State University, paid for by the State, and that she could forward a copy of same to the Board, for their perusal, that indicates how many people are using the river and reservoir and even how they use the river.

Commr. Swartz stated that he would support having Commr. Hanson work with the Tourist Development Council, to find some economic benefits that may arise for Lake County, as a result of doing away with the dam and barge canal. He suggested bringing back to the Board a resolution in support of removing the dam and barge canal. He stated that he felt it was long overdue. He stated that, apparently, there is one senator who is stopping the restoration efforts - Senator George Kirkpatrick, from Gainesville. He stated that he felt the Board needed to make their voice known, especially on the issue of the environment. He encouraged Commr. Hanson to bring a resolution back to the Board at the December 14, 1999 meeting, in support of removing the dam and barge canal that currently exists on the Ocklawaha River, to be voted on, so that it could be timely provided to the Florida Legislature, for this session.

CITIZEN QUESTION AND COMMENT PERIOD

Ms. Judy Whaley, a resident of Tropical Shores Subdivision, in Tavares, addressed the Board and requested their help in dealing with what the residents of her subdivision, as well as the residents of Imperial Terrace West, Palm Shores, and Venetian Park Subdivisions consider to be excessive and unnecessary noise coming from Vic's Dead River Restaurant, which the residents consider to be a nuisance. She stated that the loud music coming from the restaurant keeps the residents in the area awake, annoys them, and disturbs the peace and quiet that they once enjoyed in their homes. She stated that 233 residents in the area signed a petition stating that they believe the County's elected officials should step up and help stop this ongoing disturbance. She stated that they are asking the Board to act upon Chapter 823 of the Florida Statutes, as it relates to public nuisances, and (1) instruct the County Attorney to sue Vic's Dead River Restaurant, in the name of the State; (2) amend the wording in Section 3 of the Lake County Noise Ordinance to state that the Ordinance shall be effective throughout the unincorporated areas of the County; and (3) amend the wording in Chapter 125.01 of the Florida Statutes, regarding powers and duties, specifically Item 1.p., which reads "enter into agreements with other governmental agencies within or outside the boundaries of the County, for joint performance, or performance by one unit, in behalf of the other, of either agency's authorized functions." She stated that the 233 citizens that signed the petition she alluded to want to be able to call the Sheriff's Office and know that action can and will be taken by the Sheriff's deputies and they want the owners of the restaurant to be forced to take their microphones, their speakers, and their musical instruments indoors and have the peace and quiet of their homes returned to them.

Commr. Swartz informed the Board that he had spoken with Ms. Whaley and others and had informed them that he thought their best chance for relief would come from the City of Tavares, noting that he hoped the City's noise ordinance would provide relief. He requested the County Attorney to comment on what the County's options are, with regard to the situation.

Mr. Sandy Minkoff, County Attorney, informed the Board that, earlier in the year, upon a request by the Sheriff, he gave an opinion that the County's Noise Ordinance did not apply to this situation, because the property in question is located within the City of Tavares. He stated that he attended a meeting of the homeowners and restated said opinion and, at that point in time, the City indicated they would take over any enforcement issues. He stated that they subsequently adopted a noise ordinance which, even if the County made its ordinance countywide, probably would not apply within the City, because they have their own ordinance regulating the subject matter. He stated that, according to the Constitution, the County cannot pass laws within its cities that have laws that are different than the laws of the County. He stated that, as to the issue of a nuisance, a suit can be brought by individuals or by the Government, however, noted that he did not have enough information to tell the Board whether or not what is going on rises to that level. He stated that the County would have to do some investigating, to see if the noise qualifies as a public nuisance.

Commr. Swartz stated that he would like to have the County Attorney look into the matter and let the Board know if the County could prevail.

Commr. Cadwell suggested that the County Attorney meet with the City of Tavares and find out what the time frame is, with regard to a court case that is currently pending, concerning a citation that was recently issued against the restaurant.

Mr. Minkoff, County Attorney, informed the Board that he felt staff would have to work with the County's Code Enforcement Office to see if, in fact, the music is loud enough to be considered a nuisance.

Mr. Lloyd Yennior, a resident of Tavares, who lives approximately one-half mile from Vic's Dead River Restaurant, addressed the Board stating that he has filed over 20 complaints, during the past three months, about the loud noise coming from the restaurant. He stated that he recently filed a complaint, through the Sheriff's Office, with regard to the State's Public Nuisance Statute, and it is now being processed by the State Attorney's Office. He stated that he takes the noise issue so seriously that he is willing to go to that extent to resolve it.

Mr. Don Milmien, President of Tropical Shores Venetian Park Homeowners Association, addressed the Board stating that the noise coming from Vic's Dead River Restaurant is pretty bad at times and has spoiled retirement for many people who came to this area to relax and enjoy their retirement and get a good nights sleep. He stated that the residents of the subdivision are also concerned about the impact that the noise is having on their property values. He stated that they hope the Board will do something to give the residents some help in the matter.

Mr. Bob Seaburg, a resident of Imperial Terrace West, addressed the Board stating that he was currently serving as the President of the Imperial Terrace West Homeowners Association. He stated that, as the year has progressed, the complaints from the residents of his subdivision have increased to epidemic proportions. He stated that they have circulated a petition among the residents and have obtained a signature from just about every resident of the subdivision, with the exception of those residents who have not yet arrived from up north. He stated that the problem exists and they hope the Board will help them in any way possible.

Mr. Don Harrison, a resident of Tropical Shores Subdivision, addressed the Board stating that he did not know how the owners of Vic's Dead River Restaurant get away with doing things that he is not allowed to do, such as digging dirt out of his canal, killing cypress trees and natural vegetation, spraying for mosquitos, etc. He stated that the Board is going to have to stop the loud noise that comes from the restaurant.

RECESS AND REASSEMBLY

At 10:30 a.m., the Chairman announced that the Board would recess until 10:45 a.m.

ECONOMIC DEVELOPMENT/FUNDS

Commr. Hanson informed the Board that she had asked that this request be pulled from the County Manager's Consent Agenda, for discussion, because she feels the County needs to be looking at higher paying industrial jobs. She stated that she feels the Board needs to look at revamping the County's grant program and at those industries that are going to be higher paying.

Commr. Cadwell stated that the Industrial Development Authority (IDA) expressed the same sentiments that Commr. Hanson expressed; therefore, he suggested having a joint meeting with the IDA, to discuss what direction the Board wants them to be moving in.

Commr. Hanson stated that the County is losing industrial jobs, thus, her concern in the matter.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval to change the average annual wage to $10.39 per hour, as it applies to the Jobs Growth Investment Trust Fund.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

MUNICIPALITIES

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request for approval to purchase 4.15 acres in Astor, located one-half mile east of SR 40 and CR 445. He stated that the intent of purchasing said property is for a site for a new fire station. He stated that there has also been discussion regarding the possibility of a combined use facility, such as a fire station and library. He stated that the appraised value of the property is $77,000.00, which he noted has been offered and accepted.

A brief discussion occurred regarding whether or not this location would be close enough to the St. Johns River that there would not be a problem working with Volusia County, or whether it would be adequate for access and travel time to Astor Park and Astor.

It was noted that Emergency Services feels the property is in a very good location for working with Volusia County and prefers the location for responding to Astor Park and Astor, due to the fact that it is located on the highway.

Commr. Hanson stated that she felt, before the County moves forward, it needs to make sure that Volusia County is on board, with regard to helping the County with funding or manpower.

Mr. Tad Stone, Senior Director, Emergency Services, addressed the Board and answered concerns they had about the location and whether Volusia County would be willing to put resources in this fire station - either manpower or funding, to help the County get better service 24 hours a day. He stated that their biggest problem is from the county line to Hwy. 17.

Ms. Sue Whittle, County Manager, informed the Board that Mr. Stone has been working on a number of different fronts, since he has been with the County, with regard to cooperative fire services and she has asked him to put together a report to bring the Board up-to-date on all the pieces of the puzzle and where the County is, with regard to said issue, for a Worksession scheduled to be held in February of 2000.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for consideration to purchase property from a Mr. Dingmon, located on the north side of SR 40, in Astor, with an estimated value of $77,000.00.

CONTRACTS, LEASES AND AGREEMENTS/GROWTH MANAGEMENT

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that the property in question received approval for a CUP for a kennel in 1981; however, noted that there are some questions as to whether a formal site plan was ever submitted to the County and some questions about permits, as well. She stated that the kennel that was on the property years ago was converted to a guest cottage and noted that a complaint had been received from a neighbor, who was a prior employee; therefore, the County worked through a Special Master, with regard to this request. She stated that the property owner cannot use the buildings closest to the rear property line for animals, noting that said buildings will now be used for storage. She stated that the owner was agreeable to building a new kennel, 75 feet from the rear property line and 45 feet from the side property lines. She stated that the dog runs on the property were relocated, as well, to try to reduce any potential for nuisance. She stated that there is also an existing fence on the side and rear of the property that the owner put up. She stated that the issue originally came to the attention of the County as a Code Enforcement complaint; however, between the CUP that actually permitted the use and the fact that there are some questions about permitting, staff chose to take it to a Special Master, rather than before the Code Enforcement Board.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of a Settlement Agreement for Betty M. Fleck d/b/a Betty's Poodle Salon and Kennel vs. Lake County.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

INDUSTRIAL DEVELOPMENT AUTHORITY

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed Mr. J. Cecil Shumacker to the vacant position on the Industrial Development Authority.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

TRANSPORTATION DISADVANTAGED COORDINATING BOARD

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board reappointed Ms. Helen Elleck to a vacant position on the Transportation Disadvantaged Coordinating Board.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/FUNDS/PUBLIC WORKS/WATER AUTHORITY

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that Lake County received a request from Orange County to participate in the Johns Lake Basin Study, which he noted cost approximately $200,000.00. He stated that the area of Lake County that it comprises is approximately 25%, so Orange County requested $50,000.00 in funding from Lake County. He stated that he had some reservations about the matter, originally, because Johns Lake Basin was not one of the highest priorities in the study; however, Orange County has worked with Lake County on several occasions, with regard to Johns Lake, the last being their participation in the funding of the boat ramp and the facilities around the ramp, since so many residents from Orange County utilize it. He stated that, after meeting with Lake County staff, Orange County received a $25,000.00 approval from the Water Authority. He stated that the actual funding Orange County is requesting from Lake County is $24,955.00, which brings the County's percentage down by approximately 12.5%. He stated that staff feels, since Johns Lake is affected by several developments and transportation issues, knowing what the basin is going to do and what the elevations are plays a role in a lot of things, other than just the lake itself.

Commr. Hanson stated that the County had the same type of joint effort brought before them a little over a year ago, regarding Lake Gertrude, where Mt. Dora asked for the County's help for its portion of the lake, because they already had a plan in the works to do a study; however, the Board stated that they did not want another study to put on the shelf. She stated that Mt. Dora moved forward and conducted the study. She stated that she had no problem with this study being conducted, however, had a problem with consistency, noting that the reason given for not conducting the study on Lake Gertrude was not only because the Board did not want another study to be put on the shelf, but that they wanted to go by ranking priorities, as well. She stated that Lake Gertrude really needed the money and she felt that even $25,000.00 would have helped make that study move forward and would have prevented further pollution. She stated that she had a problem with moving forward on this one, when there are other lakes that need the help and have also had proposals for joint funding.

Commr. Pool stated that he was not on the Board at the time that Lake Gertrude came before them, but noted that he would have supported it, had he been. He stated that he would be supporting this request, because he feels it is a good opportunity to work with Orange County and with the Water Authority, in giving the County's fair share. He stated that he felt the study was important and that the County could act upon it.

A motion was made by Commr. Pool and seconded by Commr. Hanson to approve a request from Public Works for approval to participate with Orange County in a study of the Johns Lake Basin and to approve the funding of Lake County's share of the cost, in the amount of $24,955.00, from the Stormwater Management Fund.

It was noted that the Lake County Water Authority approved expending $25,000.00 toward the project at its November 17, 1999 meeting, leaving a balance of $24,955.00 for the Lake County Board of County Commissioners to consider.

Mr. Krishna Murthy, Manager, Stormwater Management Division, Orange County, addressed the Board and informed them that Johns Lake Basin is a sub-basin of Lake Apopka.

Commr. Swartz questioned the importance of doing this study, since it is a sub-basin to Lake Apopka.

Ms. Lora Bailey, Special Services Division Director, Public Works, addressed the Board stating that it was her understanding that Orange County was doing this study because of drainage concerns and public out cry. She stated that the opportunity to do this study is no different than it would be for Lake Gertrude, the only difference is that the County has a dedicated funding source for it. She noted that Johns Lake Basin is less than 100 in the ranking, with Lake Gertrude being somewhere in the top 20.

Commr. Gerber stated that she felt the County should look seriously at doing something about Lake Gertrude. She stated that, if the County is part of the problem, it needs to put dollars on the table. She stated that there is now a dedicated funding source and, if Lake Gertrude is in the top 20 projects, the County needs to help out

Commr. Pool concurred.

Commr. Swartz stated that there was another issue, with regard to Lake Gertrude, that was not addressed at the time that it originally came before the Board and was not presently being addressed, being that the whole area around the lake is on septic tanks, which are probably impacting the lake, as well.

Commr. Cadwell stated that every point brought up this date was a valid point; however, he felt this was an opportunity for the County to take a small amount of money and get a lot of value out of it. He stated that it may be an opportunity for Lake Gertrude to do the same thing, now that there is a funding source, and he did not think the County's participation would diminish the Lake Griffin project to the extent that it would not still be committed to it.

Ms. Bailey informed the Board that staff's objective will be to look at all the top ranked basins and everywhere that the County has an opportunity to participate with partners, it will do so. She stated that each basin is going to be different, each set of partners is going to be different, and each time line is going to be different, so staff will try to coordinate all that.

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

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/SUITS AGAINST THE COUNTY

SOLID WASTE

Mr. Sandy Minkoff, County Attorney, informed the Board that he had communicated, by letter, with all the city attorneys and then had met with several of them. He stated that he discussed the types of law firms that the County would be looking at and obtained their input. He stated that his office contacted 24 firms, which included all the firms that have done business with Lake County, as well as with others which met the criteria that was discussed with the city attorneys. He stated that there were nine responses - seven Florida firms and two national firms, which are really involved in waste-to-energy issues. He stated that, in looking at the two different areas that staff is looking at, being eminent domain and contract negotiations and restructuring, he decided it would probably be better to have two firms. He stated that he thought it would be better for the County to use the in-state firm as the lead counsel, should the County get involved in litigation, and to have the expertise of a very large firm, with tremendous resources in waste-to-energy.

Mr. Minkoff stated that Brown and Wood, one of the firms being considered who meets the criteria, has written national articles and has been involved several times in negotiations with Ogden Martin on the other side. He stated that Gray, Harris & Robinson is a very large Orlando firm, with approximately 60 attorneys, that used to be the County Attorneys for Orange County. He noted that the County would be dealing with the litigation side of the firm. He stated that his staff has retrieved all the records from the previous County Attorney involved in this matter, which he noted are numerous, and they are hopeful that, if the Board approves to go forward with this request, they can begin the process in January of 2000, have the initial legal work back, and report back to the Board in the first quarter of 2000.

Commr. Cadwell stated that, unlike the last time that this issue was addressed, the Board wants to make sure that everyone understands that the people working for the County are working for the County and he feels that, with the two firms being considered, that can be accomplished.

Mr. Minkoff stated that, as part of his recommendation, staff would like the Board's authorization to continue to obtain records from Piper and Marbury, who was the County's main counsel during said period of time. He stated that staff also believes that some of the contracts contained in Ogden Martin's files may be public documents; therefore, they would like to begin obtaining as many documents as they can. He stated that they would make that request, if the Board approved it.

Commr. Cadwell interjected that, once that request is made, if there is resistance, the County will take the next step to obtain what it is entitled to under the law.

Mr. Minkoff stated that the press may be interested in looking at those documents, as well.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for authorization to negotiate and contract with the law firms of Gray, Harris & Robinson of Orlando, Florida, and Brown and Wood of New York, to retain outside counsel services in connection with the Ogden Martin matters; and authorization to continue to obtain records from firms, such as Piper and Marbury, who was the County's main counsel during the Ogden Martin contract negotiations, as well as files from Ogden Martin, which may contain some contracts that would be considered public record.

REPORTS

COMMISSIONER GERBER - DISTRICT 1

MISCELLANEOUS/MUNICIPALITIES

Commr. Gerber informed the Board that the Leesburg Partnership was sponsoring a "Business After Hours" on Thursday, December 9, 1999, at the Mote-Morris House, in Leesburg, from 5:30 p.m. to 7:00 p.m., and the Board was invited to attend.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MUNICIPALITIES/ROADS-COUNTY AND STATE/ROAD PROJECTS

Commr. Pool informed the Board that the residents of Villa City are concerned about the fact that the bridge on Hwy. 19 north, out of Groveland, may be closed and that said closing may impact their neighborhood with additional traffic, particularly truck traffic. He stated that they have asked for a reduction in the speed limit on Villa City Road, from 55 m.p.h to 45 m.p.h., during said construction.

It was noted that a study will have to be conducted, before changing said speed limit, to see if it is warranted.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

COUNTY PROPERTY/JAILS/SHERIFF'S OFFICE

Commr. Swartz informed the Board that County staff has had some discussions with Sheriff Knupp, relative to a proposal to lease space in the Lake County Jail to the Orange County Jail, and that he felt it was important for the Chairman to discuss the matter with the Sheriff and bring additional information back to the Board. He questioned what rate the County would charge Orange County for said space, noting that, under the Federal Marshall's Program, he felt the County was fairly reimbursed for wear and tear on its facilities, as well as its hard cost. He stated that it was important that this one be the same.

It was noted that the Chairman would do so.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

COMMUNICATIONS

Commr. Swartz informed the Board that he had requested some information about the proposed transfer of Comcast to Time Warner and that Mr. Bruce Thorburn, Communications Systems Director, had provided him with an outline of some issues that he felt the Board should consider, with regard to said transfer. He stated that he felt it was important for the County look at those issues, because it was an opportunity for the County to make some important changes to that relationship. He stated that he had sent a memorandum to the County Manager, Ms. Sue Whittle, requesting that she look into the matter and come back to the Board with a recommendation, at a later date.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

COMMISSIONERS

Commr. Cadwell thanked the Board for their show of confidence, in re-electing him to serve as Chairman of the Board of County Commissioners for the year 2000.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

STATE AGENCIES

Commr. Cadwell informed the Board that the Department of Community Affairs (DCA) will be closing their Green Swamp Office in Polk County. He stated that Mr. Bob Dennis will now be assigned to the Green Swamp, however, noted that he will work out of DCA's Tallahassee office. He noted that Ms. Rebecca Jetton, who was previously assigned to the Green Swamp, was transferred to DCA's Marathon office.

ADDENDUM NO. 2

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

RESOLUTIONS/LAWS AND LEGISLATION

Commr. Cadwell informed the Board that Senator Anna Cowin's Office had requested the Board to approve a Resolution, to be sent to the County's legislative delegation, indicating its support and desire to assume the responsibility for operations, improvements, and maintenance of the PEAR project. He pointed out the fact that Section 5 of the Resolution states that should the County not adopt a plan and budget for the reserve by June 30, 2002 the land will remain with the State and asked the County Attorney, Mr. Sandy Minkoff, to explain the ramifications of said language.

Mr. Minkoff stated that the County's budget cycle normally works on a September 30^th deadline date; therefore, in order to do a June budget, the project will have to be in the previous budget, or the County will have to do a special budget amendment in June of 2000. He stated that he did not know if the Legislature would oppose changing the date from June 30^th to September 30^th. He stated that it would cause the County some difficulties to have to have a budget adopted in June, if it was not done the previous year. He stated that the 2001-2002 budget will be adopted in September of 2001; therefore, in order to do it by then, the County will have to amend that budget and have a special hearing, or have done it the previous September.

It was noted that the issue will need to be addressed in September of 2001.

Ms. Sue Whittle, County Manager, informed the Board that Section 4 of the Resolution requires the County to adopt a construction plan and budget for the agricultural museum and the development of the reserve, but in Section 1, it authorizes the transfer of the acreage to the Board, for the purpose of establishing the reserve. She stated that she was not sure what they meant by agricultural museum.

Ms. Nadine Foley, Chairman, PEAR Committee, addressed the Board, stating that the Resolution went into more detail than the Committee thought it would. She stated that a planning session meeting has been scheduled for September 15, 2000, at which time they will have a management plan, with costs indicated, for said construction. She stated that she hopes to end up with some verbal agreements from different agencies that are willing to take certain sections of it. She stated that there is nothing as detailed as building an agricultural museum.

It was suggested that the language "adopt a management plan and budget for the development of the reserve" be used in Section 4 of the Resolution, rather than the language "adopt a construction plan and budget for the agricultural museum and the development of the reserve."

Ms. Foley informed the Board that almost all personnel has transferred to the new center in Apopka and there will be a dedication of said center in January or February of 2000. She stated that they are dealing with the City of Apopka very actively and, if that does not pan out, they have some other land options available. She stated that the new facility is going to be a wonderful educational facility.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1999-199, as requested by Senator Anna Cowin, indicating to the County's legislative delegation the Board's support and desire to adopt a management plan and budget for the PEAR Project, as amended, without the construction of a museum.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

ORDINANCES/PROPERTY APPRAISER

Commr. Cadwell informed the Board that the problem involving the Homestead Exemption Ordinance will be solved and those residents in the County who need the exemption will be able to get it. He stated that the Board acted responsibly and he felt the comment made by the Property Appraiser, Mr. Ed Havill, that the Board intentionally did not get a copy of said Ordinance to his office by the deadline date of December 1, 1999, was irresponsible on his part. He stated that Mr. Havill was present in the audience when the Ordinance was approved by the Board, therefore, felt he would have mentioned the fact that he needed a copy of the Ordinance by the deadline date of December 1, 1999, or would have at least called the Board Office and informed them that he needed a copy of it, before the deadline date.

RECESS AND REASSEMBLY

At 11:50 a.m., the Chairman announced that the Board would recess until 1:30 p.m., for the Worksession on the Evaluation and Appraisal Report.

WORKSESSION

EVALUATION AND APPRAISAL REPORT (EAR)

GROWTH MANAGEMENT/ZONING

Commr. Cadwell informed those present that this was a worksession between the Board and staff, regarding the Evaluation and Appraisal Report (EAR). He stated that this was the first opportunity for the Board to work with staff, as a group, on amendments recommended by DCA, the EAR Committee, the Planning and Zoning Commission, and Commr. Swartz (per a handout that Commr. Swartz had distributed to the Board at the Board Meeting of November 16, 1999). He stated that the Board would not be taking public comment at this time, noting that there would be plenty of opportunity for it during the public hearing process. He referred to a handout that staff had prepared, for the Board's perusal, noting that they tried to address the amendments recommended by DCA, the EAR Committee, the Planning and Zoning Commission, and Commr. Swartz. He stated that the purpose of this meeting was to give staff direction on said amendments, for the public hearing process.

Mr. Jim Smith, Director of Planning and Development Services, Growth Management Services, addressed the Board and reviewed the handout that staff had prepared, for the Board's perusal, dated December 7, 1999, in which they tried to address the amendments recommended

by DCA, the EAR Committee, the Planning and Zoning Commission, and Commr. Swartz, item by item, as follows:

FUTURE LAND USE ELEMENT

Objective, Policy, Exhibit

Comprehensive Plan Wide Amendment

Nature of Amendment

Amend Definitions Sections to incorporate 9-J5 F.A.C. Definitions. (Recommended by Commr. Swartz.) (Staff recommends that the Land Development Regulations be amended - Chapter 2.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Future Land Use Map

Nature of Amendment

Amend the map utilizing the GIS format to reflect all relevant EAR Amendment recommendations to address planning issues and overall consistency with the Comprehensive Plan. A wetland layer of the GIS shall clarify issues in the Green Swamp. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Future Land Use Map 1-1. Suburban Land Use Designation.

Nature of Amendment

Future urban areas (to be called urban expansion areas) should be designated tightly around municipalities with urban services, primarily water and sewer, or at or in immediate proximity of clusters of existing urban development and areas platted at urban densities, with the intent of recognizing historically urban areas that had not been designated urban on the current FLUM. All urban, urban expansion, and suburban areas that could not pass either of the above tests would be changed to the rural land use category. An urban node should also be created at the US 27 and SR 19 intersection in South Lake. The committee expressed support to retain the timeliness concept and to apply it in the conversion of rural lands to urban. (Original recommendation of Land Use Committee that was not included in draft EAR that was reviewed by P & Z.) (Recommended by Commr. Swartz.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process, but to have staff delete the word tightly from the Future Land Use Map amendment, with regard to future urban areas being designated around municipalities with urban services, and to include language in this particular action that would in some way make reference to joint planning agreements with the cities.

Objective, Policy, Exhibit

Objective1-1A: Directing Growth in the Suburban Land Use Designation.

Nature of Amendment

Delete Objective and Policies in association with removal of Suburban land use. (Recommended by Commr. Swartz.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policies relating to Suburban land use.

Nature of Amendment

Delete all reference to Suburban land use. (Recommended by Commr. Swartz.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

New Policy

Nature of Amendment

Add a policy to encourage annexation of areas designated for residential development. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to not add a new policy to encourage annexation of areas designated for residential development.

Objective, Policy, Exhibit

Policy 1-1.6A: Water and Sewer Service Requirements for Developments Within Urban and Urban Expansion Areas.

Nature of Amendment

If supported by data, increase minimum lot sizes for new subdivisions and PUDs served by septic tanks. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 1-3A.1: Commercial Development in Land Use Classifications.

Nature of Amendment

Restrict commercial development (including PUDs) in the Green Swamp to 5,000 square feet and clarify spacing requirements between commercial developments. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 1-3A.1: Commercial Development in Land Use Classifications.

Nature of Amendment

Delete commercial designated nodes from Future Land Use Map - "DOTS". (Recommended by Commr. Swartz.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process, with the following change:

Identify commercial designated nodes, rather than eliminate them from the Future Land Use Map.

Objective, Policy, Exhibit

New Policy.

Nature of Amendment

Add a policy to support Lake County's continued participation in the District's Water Supply Planning Process. (Staff revisions.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

New Policy

Nature of Amendment

Transfer Policy 7-7.7: Conservation Land Designation to the Future Land Use Element. The Conservation Land designation will replace the Public Resource Land designation on the FLUM. This designation will be used for public acquired lands and for lands placed under conservation easements via TDRs, PUDs, etc. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 1-21.9: Protection of Aquatic and Wetland-Dependent Wildlife Species Associated with the Wekiva River System.

Nature of Amendment

Amend to add language for protection of upland species. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process; however, staff was directed to get further clarification from DCA on the issue before the December 14, 1999 public hearing.

Objective, Policy, Exhibit

Element Wide Amendment

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan, as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

New Goal, Objectives, Policies

Nature of Amendment

Develop a new goal that will require the creation and maintenance of a database of total acreage approved for various land uses, conservation easements, rights-of-way, etc. This database will be utilized to measure the effectiveness of the various goals, objectives and policies in the Land Use and other elements. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to tie this amendment to the GIS, so that it is done in concurrence with GIS and not as a separate item.

Objective, Policy, Exhibit

Element Wide Amendment

Nature of Amendment

Revise the short-term and long-term planning timeframes to 2010 and 2020 respectively, and update the future land use map series and other future condition maps to reflect the new timeframes. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

TRAFFIC CIRCULATION ELEMENT

Objective, Policy, Exhibit

Objective 2-1: Safe, Convenient and Efficient Traffic Circulation System.

Nature of Amendment

Add aesthetics as a component of performance measurement and make all components of the objective specific and measurable. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to create something similar to this amendment for State roads.

Objective, Policy, Exhibit

Policy 2-1.1: Unincorporated Area Minimum Operating Level of Service Standards.

Nature of Amendment

Revise to reflect current application of LOS criteria established by the Public Works Department. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to research the minimum level of service on the County's roads.

Objective, Policy, Exhibit

Policy 2-1.2: General Roadway Minimum Operating Level of Service Standards.

Nature of Amendment

Revise to adopt Florida Department of Transportation Statewide minimum level of service standards for the State/Federal highway system in the County. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to research the minimum level of service on the County's roads.

Objective, Policy, Exhibit

Objective 2-2: Coordinate the Traffic Circulation System with Future Land Uses of the Future Land Use Map.

Nature of Amendment

Revise to include updated traffic model to reflect the Future Land Use Map impact to the model being developed in the 2020 Transportation Plan. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 2-2.1: Future Traffic Circulation Maps.

Nature of Amendment

Update the traffic circulation map series based on the soon-to-be completed long-range transportation plan and the need for six laning SR 50 and US 27 in South Lake County to account for unanticipated population growth. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 2-3: Right-of-Way Preservation and Acquisition.

Nature of Amendment

Revise to include specific measures. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 2-4: Future Roadway Improvements.

Nature of Amendment

Delete the objective and transfer policies to either Objective 2-2 or the Capital Improvements Element. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 2-5: Facilities for Bicycle and Pedestrian Ways; and Establishment of Scenic Roadways.

Nature of Amendment

Revise to create new objectives that separate the bicycle and pedestrian paths from scenic roadways and make each objective specific and measurable. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 2-5.1: Planning for Bicycle and Pedestrian Facilities.

Nature of Amendment

Expand and include systematic updating. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Element Wide Amendment

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

MASS TRANSIT ELEMENT

Objective, Policy, Exhibit

Policy 3-1.7: Requirements Promoting Mass Transit.

Nature of Amendment

Establish thresholds for high density/intensity residential developments to offset traffic impact by providing or sharing in the cost of mass transit. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to look at revising the language, prior to the December 14, 1999 public hearing.

Objective, Policy, Exhibit

Element Wide Amendment

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

AVIATION AND RAILS ELEMENT

Objective, Policy, Exhibit

Element Wide Amendment

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

HOUSING ELEMENT

Objective, Policy, Exhibit

Policy 5-1.6: Promote Mixed Use Developments.

Nature of Amendment

Revise title of Policy to read Provide Incentives for Affordable Housing. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 5-7: Promote Stabilization of Residential Areas and Conservation of the Housing Stock.

Nature of Amendment

Revise to include our other program in the County. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

New Policy

Nature of Amendment

No Amendments - New Policy (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

New Policy

Nature of Amendment

Add Policy to recommend a joint city/county private utility comprehensive survey to identify areas needing infrastructure improvement. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Element Wide Amendment

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

PUBLIC FACILITIES ELEMENT

Objective, Policy, Exhibit

Objective 6A-3: Provision of Wastewater Services to all Areas of Lake County.

Nature of Amendment

Delete Objective and related Policies. (Staff and Committee recommendation.)

Revise to reflect current conditions. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to address the urban node issue before the December 14, 1999 public hearing.

Objective, Policy, Exhibit

Objective 6A-4: Mechanisms for Funding the Lake County Regional Wastewater Systems.

Nature of Amendment

Delete Objective and related Policies. (Staff and Committee recommendation.)

Revise to reflect current conditions. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6B-2-2.1: Creation of a HAZ-MAT Team.

Nature of Amendment

Revise to reflect on-going activity. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6B-2-2.3: HAZ-MAT Staging Facility to be Located at the County Landfill.

Nature of Amendment

Revise to reflect on-going activity. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Objective 6C-2: Guide Future Development.

Nature of Amendment

Revise to clarify content. (Staff and Committee recommendation.)

Make Objective measurable. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6C-4.6: Designation of Outstanding Lake County Waters Program.

Nature of Amendment

Delete. (Committee recommendation.)

Retain Policy as is and update. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to update the policy.

Objective, Policy, Exhibit

Policy 6D-1.1: Level of Service Standards for Quality.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-1.2: Design and Construction Standards.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-1.7: Potable Water System Inspection and Enforcement Program.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-1.8: Establishment of a Regional Water Supply Authority.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-2.5: Mandatory Connection Ordinance.

Nature of Amendment

Revise to recognize economic viability. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to revise it, to reflect the establishment of urban service areas and joint planning areas.

Objective, Policy, Exhibit

Objective 6D-3: Provision of Potable Water Services to all Areas of Lake County.

Nature of Amendment

Delete reference to a County system in the Objective and replace with language expressing the intent to promote municipal and private systems. (Staff and Committee recommendation.)

Make objective measurable. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-3.1: Preparation of a Utility Management Plan.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-4.3: Establishment of Fees to Reserve Capacity.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-4.4: User Fees for Operation and Maintenance.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain Policy as is. (DCA comments.)

Board Action

Objective, Policy, Exhibit

Policy 6D-4.5: Minimum Criteria for Establishment Priorities.

Nature of Amendment

Delete. (Staff and Committee recommendation.)

Retain and update schedule. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 6E-1.6: Wastewater Reuse Feasibility Study.

Nature of Amendment

Revise date as appropriate. (Staff and Committee recommendation.)

Delete as recommended. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 6E-2: Prevention of Contamination of Aquifer Resources.

Nature of Amendment

Revise Objective to be consistent with supporting policies. (Staff and Committee recommendation.)

Make Objective measurable. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Element Wide Amendment.

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

CONSERVATION ELEMENT

Objective, Policy, Exhibit

Objective 7-1: Complete Environmental Resource Management Plan.

Nature of Amendment

Revise Objective and supporting Policies to indicate that implementation of programs comprising or in support of the Environmental Resources Management Plan will be the purview of the Environmental Protection Advisory Board and the Board of County Commissioners. Revise to include measurability factor(s). (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-2.18: Protection of Public Potable Water Wellfields 9J5.013(2)(c)(1).

Nature of Amendment

Remove references to set radii and replace with delineated wellfield protection areas. (Staff and Committee recommendation.)

Revise to include need to establish Designated Municipal Wellhead Protection Areas and to establish interlocal agreements for their administration. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-2.20: Regional Water Utilities.

Nature of Amendment

Amend Policy to include option of County taking PSC delegation, i.e., regulate the providers. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

New Policy under Objective 7-3.

Nature of Amendment

New Policy which identifies and directs incompatible land uses away from wetlands and water bodies. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 7-5: Protect and Preserve Wetland Values and Functions 9J-5.013(2)(b)(3),(4).

Nature of Amendment

Revise to include additional parameters of "types", "functions", "conditions", and "locations", as required by 9J-5.013 F.A.C. (Staff and Committee recommendation.)

Revise to include a level of measurability. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 7-5A: Silviculture Activities.

Nature of Amendment

Incorporate standards to make Objective measurable. Expand requirement to include silviculture not associated with wetland and surface waters. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to research what the County is currently doing regarding said item.

Objective, Policy, Exhibit

Policy 7-5.3: Best Land Management Practices Within Wetlands.

Nature of Amendment

Adopt wetland ordinances. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to furnish the Board with a brief review of what existing permits the County would be looking at, regarding wetland activities that are not permitted or monitored by the Water Management District, or the Department of Environmental Protection, for the December 14, 1999 public hearing.

Objective, Policy, Exhibit

Policy 7-5.7: Maintain Natural Systems.

Nature of Amendment

Include cooperation with a joint agency research body and aquifer-monitoring program. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-5A.1: Silviculture Activities.

Nature of Amendment

Require logging operations to file letter of intent with the County. (P & Z recommends deletion.)

Board Action

Objective, Policy, Exhibit

Objective 7-6: Conserve Natural Upland Communities 9J-5.013(2)(b)(3).

Nature of Amendment

Incorporate standards to make Objective measurable. Further enforcement efforts regarding BMPs for agriculture and silviculture. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-6.2A: Proposed Development Requirements Concerning Natural Upland Vegetative Communities.

Nature of Amendment

Based upon research of best available data (e.g. FNAI maps), decrease acreage requirement for providing an environmental/wildlife survey. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to come up with some alternative language to deal with this item.

Objective, Policy, Exhibit

Objective 7-10: Protect Air Quality 9J-5.013(2)(b)(1).

Nature of Amendment

Revise to remove reference to county-sponsored monitoring program, to include coordination with FDEP for new study to determine ambient air quality. (Staff and Committee recommendation.)

Incorporate standards to make the Objective measurable. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-10.7: Airshed Protection Zones.

Nature of Amendment

Revise to include a standard (as percent of cover of the tree canopy at maturity) for new development. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-13.1: Prohibition of Mining in Specified Areas.

Nature of Amendment

Strike reference to very high and prime recharge areas. (Staff initiated revisions to original text.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-13.3: Mining in Prime and High Aquifer Recharge Areas.

Nature of Amendment

1. All mining proposals shall be required to submit a hydrogeologic report to determine the recharge potential of the site. The report shall be completed by a professional engineer or state-registered geologist.

2. Activities within recharge areas shall not reduce the volume of recharge or reduce the quality of groundwater below existing levels of County or State standards, whichever standards are more restrictive. Amend to strike the references to prime and very high recharge areas. Reflect prohibition in high recharge areas unless the listed criteria can be met. (Staff initiated revisions to original text.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-13.5: Protection of Mining from Urban Encroachment.

Nature of Amendment

Add to Policy 7-13.6, to address and delete. (Staff initiated revisions to original text.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-13.8: Preservation of Hydrological Integrity at Reclaimed Mining Sites.

Nature of Amendment

Revise to require (not just when feasible) preservation of hydrologic integrity. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 7-14: Proper Treatment and Disposal of Solid Wastes 9J-5.013(2) (b)(1-4).

Nature of Amendment

Revise to incorporate standards to make Objective measurable, include reference to FDEP design standards. (Staff and Committee recommendation.)

Make recommendation for alternatives to solid waste collection in communities where non-county maintained roads still exist. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-17.1: Land Use Impacts on Natural Resources.

Nature of Amendment

Revise to include the criteria "contingent on the availability of water" within the Policy. (P & Z recommends deletion.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 7-18.5: Special Assessment for Stormwater Utility.

Nature of Amendment

Revise to include language relating to the need for the County to investigate sources of dedicated funding for a stormwater utility. (P & Z recommends deletion.)

Revise to include grant solicitation in addition to the special assessment for funding stormwater utilities. (P & Z Amendment.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to leave the current language, but to also add the language suggested by the Planning and Zoning Commission.

Objective, Policy, Exhibit

Element Wide Amendment.

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

RECREATION AND OPEN SPACE ELEMENT

Objective, Policy, Exhibit

Policy 8-1.1: Level of Service Standards for Activity-Based Recreation Space.

Nature of Amendment

Revise to reflect minimum LOS for activity based recreation to 2.5 acres per 1,000 population. (P & Z recommends deletion.) (Commr. Swartz recommends retaining.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process. Staff was directed to find out how many other counties allow golf courses as open space.

Objective, Policy, Exhibit

Policy 8-9.2: Provision of Library Facilities in Proximity to New Development.

Nature of Amendment

Revise Policy to reflect that library facilities should be provided in service areas, not for individual developments. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Element Wide Amendment.

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

INTERGOVERNMENTAL COORDINATION ELEMENT

Objective, Policy, Exhibit

Objective 9-7: Resolution of Annexation Issues.

Nature of Amendment

Revise to encourage municipalities to give County more advance notification in regards to annexation. In addition, make more specific and measurable. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Policy 9-9.2: Formal Mediation Process.

Nature of Amendment

Revise to replace the Regional Planning Council (RPC) with another entity as a mediator. (Staff and Committee recommendation.) (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Element Wide Amendment.

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

CAPITAL IMPROVEMENTS ELEMENT

Objective, Policy, Exhibit

New policy under Objective 10-9.

Nature of Amendment

Require as needed review of impact fees to ensure that new development is paying its per rata share of cost improvements. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Objective 10A-1: Monitoring and Evaluation Procedure.

Nature of Amendment

Revise to require annual amendments to the Plan, based on revisions to the CIP. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

Objective, Policy, Exhibit

Element Wide Amendment.

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

ECONOMIC ELEMENT

Objective, Policy, Exhibit

Element Wide Amendment.

Nature of Amendment

Revise the element to include all applicable changes to 9J-5 F.A.C. and all other applicable statutory and rule changes and amend Plan as necessary. (DCA comments.)

Board Action

It was the consensus of the Board to leave this item in the EAR and address it during the public hearing process.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 4:25 p.m.

__________________________________ WELTON G. CADWELL, CHAIRMAN

ATTEST:

_________________________________

JAMES C. WATKINS, CLERK

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