A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 15, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, August 15, 2000, 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; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; James C. Watkins, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

It was noted that there was an Addendum No. 1 to the Agenda.

Mr. James C. Watkins, Clerk of the Circuit Court, suggested that Item No. 2, under the Clerk of Courts' Consent Agenda, be pulled and discussed separately, to allow him to explain the request.

Mr. Sandy Minkoff, County Attorney, informed the Board that, under his County Attorney's Business, he would like to discuss a new litigation matter with them and the possible use of outside counsel, which he noted would require Board action.

MINUTE APPROVAL

Regarding the Minutes of June 20, 2000, the following was requested:

On Page 14, Line 18, change Mr. Randy Johnson to Representative Randy Johnson.

On Page 14, Line 20, change Hansen to Hanson.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of June 20, 2000 (Regular Meeting), as corrected.

Regarding the Minutes of June 27, 2000, the following was requested:

On Page 35, Line 1, change head to hat.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of June 27, 2000 (Regular Meeting), as corrected.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of July 11, 2000 (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:

Bonds-Contractor

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

NEW

5792-00 Glenn K. McMullan and David Canetti d/b/a C.C.M. Electric, Inc.

5793-00 Charles Darrell Melton d/b/a Bailey Industries, Inc.



RIDER



5783-00 Gregory Vaughn d/b/a Gregory Homes

(Bond Number amended from 922039 to 007712 20588077)



Accounts Allowed/Clerk



Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those moneys advertised less claims and publication costs.



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.



Budgets/Village Center Community Development District



Request to acknowledge receipt of copy of proposed budget for the Village Center Community Development District for Fiscal Year 2000/2001, in accordance with Chapter 190.008 (2)(b)(c), Florida Statutes.



Municipalities/Ordinances



Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:



Ordinance No. 2000-17, pertaining to Comprehensive Planning in the Town of Lady Lake, Florida; amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a Small Scale Future Land Use Map Amendment; providing for severability; and providing for an effective date. Passed and ordained by the Town Commission of the Town of Lady Lake, Florida, this 5th day of June, 2000.



Ordinance No. 2000-18, redesignating zoning classification for certain property owned by the Town of Lady Lake; located within the Town Limits of the Town of Lady Lake, Florida; rezoning subject property from Light Commercial/Heavy Commercial "LC/HC" to Public Facility District "PFD"; establishing an effective date. Passed and ordained by the Town Commission of the Town of Lady Lake, Florida, this 5th day of June, 2000.



Ordinance No. 2000-27, pertaining to elections in the Town of Lady Lake, Florida; providing for a special election to fill a vacancy when a vacancy occurs more than 150 days prior to a general election; providing for a general election to fill a vacancy when a vacancy occurs at least 60 days prior to a general election, but no more than 150 days prior to a general election; repealing conflicting ordinances; providing for severability; and providing an effective date. Passed and ordained by the Town Commission of the Town of Lady Lake, Florida, this 5th day of July, 2000.



Budgets/Southwest Florida Water Management District



Request to acknowledge receipt of Tentative Budget Submission for Fiscal Year 2000-2001, as of June 30, 2000, from the Southwest Florida Water Management District, as mandated by Section 373.536(5)(a), Florida Statutes.



Municipalities/Ordinances



Ordinances from the City of Fruitland Park, as follows:



Ordinance No. 2000-009, annexing property to the City of Fruitland Park; providing for the annexation of a portion of Grays Airport Road right-of-way east of U.S. Highway 441 and Fruitland Park, Florida; providing for an effective date. Passed and ordained this 13th day of July, 2000, by the City Commission of the City of Fruitland Park, Florida.



Ordinance No. 2000-010, annexing property to the City of Fruitland Park; providing for the annexation of a portion of the Spring Lake Road right-of-way west of U.S. Highway 441 and Fruitland Park, Florida; providing for an effective date. Passed and ordained this 13th day of July, 2000, by the City Commission of the City of Fruitland Park, Florida.



CLERK/COUNTY PROPERTY/FIRST UNION BANK BUILDING

Mr. James C. Watkins, Clerk of Circuit Court, informed the Board that for some time he has been concerned about the amount of space allocated for his office and, in trying to come up with a solution, came up with the idea of utilizing the First Union Bank building, in downtown Tavares, which he feels would be suitable for his office needs. He stated that it has a vault, which is one of the things that is important to the Clerk's Office, drive-in windows, and adequate parking space. He stated that he approached the staff at First Union Bank about the matter and they indicated an interest; therefore, he asked them to give him a price to lease the building, lease/purchase it, or purchase it out right. He stated that he was concerned about where the money would come from to do so, then realized that the excess fees the Clerk's Office has returned to the Board over the years would sustain a mortgage payment, a lease payment, or a lease/purchase payment. He stated that the bank is asking $1,124,000.00 for the building; however, he feels that, in the future, if the County has no further use for it, it could be sold at a profit. He stated that it was a win/win situation, noting that it will provide the Clerk's Office with needed office space and will provide the County with a prime piece of property in downtown Tavares. He stated that it is a 13,520 square foot building on a 1.32 acre parcel of property. He stated that the study that was conducted by the Board of County Commissioners several years ago indicated, at that time, that the Clerk's Office was 12,017 square feet deficient.

Commr. Swartz stated that he has wondered in past years whether the First Union Bank building would work for the County, in its expansion needs. He stated that he was not sure the Board would want to go forward with negotiating an agreement, however, feels that it is something they need to look at, but look at in light of the County's expansion plans and whether or not it fits in with those plans, for the short-term and/or the long-term, and have it brought back to the Board at a later date, for further discussion. He stated that, at that time, the Board may want to go forward with it.

Mr. Watkins stated that, if he understood Commr. Swartz correctly, what he was saying would put the Clerk's Office and the County in competition with each other. He stated that he wanted the building for the Clerk's Office and how that satisfies the needs of other offices are of little or no concern to him at this point in time. He stated that he would not want to see the County and Clerk's Office in competition for the building. He stated that he was not necessarily asking for permission to buy it, he was telling the Board that the Clerk's Office plans to use the excess fees that are collected to buy it. He stated that he would like for the Clerk's Office and the County to go into it together, because he feels it should be done together. He stated that he has been as patient as he can be, with respect to the amount of space that his office has been allocated. He stated that he was told the Old Post Office was going to be used for the Clerk's Office; however, it is being remodeled to be used for something else. He stated that discussion has occurred regarding other buildings and other solutions and his patience is as thin as it can be. He stated that he has come up with a solution that will not impact ad valorem taxation and will not impact the budget. He stated that the Board is required to provide him with needed office space and reminded them that the building would belong to the County, whether the Clerk's Office purchases it, or the County purchases it.

Commr. Pool questioned whether the price Mr. Watkins quoted was the bank's final offer.

Mr. Watkins stated that he did not know, noting that that was why he wanted Mr. Sandy Minkoff, County Attorney, to be a part of the negotiations. He stated that the Board would be paying about the same amount of money for square footage to own a building that they are currently paying to lease a building.

Commr. Cadwell questioned whether Mr. Watkins had any idea what the cost would be to remodel the building, in order to house some of his departments.

Mr. Watkins stated that he did not, however, noted that that was something he would like to have done. He stated that he would like for Capital Improvements to help find an architect and coordinate the project. He stated that, if the bank's personnel could move out of the building tomorrow, his staff could move in the same day, with some minor modifications. He stated that it is a building that his office could use as is. He stated that, if the County decides to negotiate a contract with First Union Bank, they would like to have six months to vacate the building.

Commr. Cadwell questioned whether the Clerk's Office had had any discussions with the City of Tavares, regarding the matter.

Mr. Watkins stated that his office had not, noting that out of respect to the Board he felt he should bring it to their attention first.

Commr. Hanson stated that the excess fees from the Clerk's Office have already been included in the County's budget for next year, so those dollars will have to come from somewhere. She stated that it would make sense to her for the County to move forward with the purchase and have the excess fees still come into the General Fund and pay for the building out of the County's infrastructure sales tax, noting that that is how the County normally pays for its buildings. She stated that she felt the building would be excellent for accessibility to the public, if it is used for the Recording Department, much more so than what the Judicial Center is now. She stated that that concept would be very appropriate, however, noted that she feels it bears discussion.

Commr. Cadwell stated that the Board needs to have the Facilities and Capital Improvements staff look at the building and give them an idea of what type of renovation costs would be involved and, in the meantime, suggested that Ms. Sue Whittle, County Manager, contact the City of Tavares, regarding the issue of taking the property off the tax roll, noting that he felt it was probably one of the most expensive pieces of property the City has in the downtown area. He stated that the County should at least let the City know that the Clerk's Office is looking at purchasing the property.

Commr. Swartz stated that he did not want to be in competition with the Clerk, in trying to acquire property in downtown Tavares, but noted that the County has been moving forward with a major multi-million dollar expansion of the Clerk's Office area, in the Lake County Judicial Center, and, if this request were to be approved, he felt it might impact what the County is doing. He stated that he felt it was something the Board needed to look at. He noted that the Old Post Office will be housing the Law Library, which is a result of turning the space allocated for the Law Library into judges suites.

Mr. Watkins interjected that he felt what the County has planned for the Judicial Center should be built and the Clerk's Office should be included in that expansion. He stated that he was talking about a need that his office has had for over three years being satisfied within the next six months. He stated that he does not want to see this issue studied for another two years, or carried on for another two years, he wants to move into the First Union Bank building after the first of the year. He stated that he would like to have an architect look at the building, to make it what he would like, and that is what he was asking. He stated that he would like to have Mr. Sandy Minkoff, County Attorney, help negotiate the contract, look at the finances, and bring said information back to the Board, so that he could tell them where the money would come from, dollar for dollar, and have them move forward with it. He stated that he did not want it to be studied further. He stated that he was showing the Board a way to pay for the building, with no increase in ad valorem taxes. He stated that it is going to satisfy the needs of the Clerk's Office and, when the expansion alluded to earlier is completed, if it meets the needs of his office, the operations intended for the First Union Bank building will move into the new space; however, if it does not meet those needs, those operations will stay in the First Union Bank building.

Mr. Watkins stated that he assumes the expansion will meet his office's needs and the First Union Bank building will then become available for whatever the County wishes to do with it. He stated that, if they choose not to utilize it, the County can market the building and make a profit on it. He stated that it will have an impact on the tax roll for the City of Tavares, however, pointed out the fact that the Hunter building that the County just purchased had an impact on the tax roll, as well. He stated that, when the County seat is in a city, it has an impact each time the County takes a piece of property off the tax roll; however, he feels this building is worthy of being taken off the tax roll, otherwise, he would not be recommending that the Board purchase it. He stated that he was very frustrated in his attempts to try to find needed office space, noting that county staff has not gotten back to him on anything other than the expansion of the Judicial Center, which he noted will be five years from now. He stated that he has seen a courtroom built, a building remodeled, and another building purchased, yet nothing seems to be getting done about his space needs. He stated that he has asked the Board very politely, for over two and one half years, to help him solve his space needs and the problem is not being solved; therefore, he was present this date to solve the problem. He stated that First Union Bank will let the County lease the building for the first year, at the same price that they will sell it to the County, and then let the County purchase it. He reiterated the fact that he was asking this date for the County Attorney to be directed to help him look into the matter, from a legal standpoint, and come back to the Board with (1) the price of the building; (2) a lease option; and (3) how the City of Tavares feels about the property being taken off the tax roll. He stated that it is time to do something.

A motion was made by Commr. Pool to approve a request from the Clerk of the Circuit Court for the Board of County Commissioners to authorize the County Attorney to negotiate an agreement between First Union Bank and Lake County for the sale/lease of the property located at 122 E. Main Street, to be occupied by the Lake County Clerk's Office, and to allow county staff to look at the building and anticipate remodeling costs, for the County Attorney to bring said figures back to the Board at a later date.

Mr. Minkoff, County Attorney, suggested that the Board order an appraisal or appraisals, as well.

Commr. Gerber seconded the motion.

Under discussion, Commr. Hanson stated that she appreciated the length of time that the Clerk has waited, however, was not sure how many years out the study that was conducted by the County, when the new courthouse was built, indicated that it was to last.

Mr. Watkins stated that the County's projection of how long the Judicial Center would last, before running out of space, has almost been right on point. He stated that it was supposed to last up to and through the year 2000 and it has lasted up to and through the year 2000. He reiterated the fact that the study that was conducted by the Board two and one half years ago indicated, at that time, that the Clerk's Office was 12,000 square feet deficient.

Commr. Hanson stated that her concern with the request was having to make a decision about it this date, noting that it had just been presented to the Board. She stated that she did not mind looking into the matter, however, had some concerns about asking the County Attorney to start negotiations, when it is a new idea and she feels the Board needs to discuss it. She stated that she understood and appreciated the Clerk's frustration, however, noted that it certainly would impact the Board's budget for next year.

Commr. Swartz stated that he was concerned about the Board giving authorization to negotiate an agreement.

Commr. Pool interjected that he did not intend for the County Attorney to negotiate an agreement to purchase the property, but to bring information back to the Board, for their consideration.

Commr. Swartz stated that, if that was the motion, he did not have a problem with supporting it, however, questioned not whether the building would be useful, if at some point in time the County decided not to utilize it, but rather the ability to resale it, noting that he did not feel it would be easy.

Mr. Watkins stated that he would like for someone to talk to the people at First Union Bank and see if the Clerk's Office can bring to the Board a deal that they can either vote up or vote down; however, to do that, there has to be an agreement and it has to be negotiated. He stated that the County has to look at what the appraised value is, what the market value is, make an offer, and see if it will be accepted. He stated that he did not want to delay the purchase of the building months and months, while the County does that. He stated that he wanted to sit down with Mr. Marshall Vermillion, Regional President, First Union Bank, and his real estate people, along with county staff and do that. He stated that, if the Board is not ready to do that, then the question becomes whether the Clerk's Office can do it and make the payments on it. He stated that he was fairly sure his office could do that and that he was fairly sure the purchase would not impact the budget, however, was not prepared to tell the Board exactly whether or not it would, until he gets some figures back.

Commr. Swartz stated that one of the key aspects that is needed to go forward and do what Mr. Watkins suggested is to obtain an appraisal, noting that he did not see how the Board could negotiate a contract without having an appraisal.

Commr. Pool stated that he would make obtaining an appraisal part of his motion, noting that he feels it needs to be done, regardless of whether the Clerk purchases it or the County purchases it, or they choose to lease it. He stated that the Board needs to know what it is worth. He stated that he would like to have the Board authorize staff to do an appraisal of the property and investigate the negotiations, as far as what the County Attorney can bring back to the Board, for their perusal.

Mr. Watkins stated that he felt (1) an appraisal should be done; (2) an architect should look at the building, with regard to remodeling it, and let the Board know what that cost would be; and (3) the County needs to have some legals put together on it. He stated that the only difference between what he was suggesting and what the Board was suggesting was that he has confidence in the County Attorney, Mr. Minkoff, to tell him that it is a good deal, so take it to the Board. He stated that he wanted to have Mr. Minkoff empowered to negotiate and come back to the Board saying that the appraisal looks good, the purchase price looks good, and he has a contract for the Board to approve, for the County to purchase the building. He stated that he did not know why he would have to come back to the Board to ask them to negotiate the contract.

Commr. Hanson stated that her only problem with the request is having just gotten it this date and having to make a decision on it this date.

Mr. Watkins stated that what he was requesting happens to the Board all the time, on everything the County purchases, noting that the County has people negotiate it and bring it to the Board, at which time the Board decides whether or not to do it.

Commr. Cadwell questioned whether there was any discussion with First Union Bank about co-habitation of the building.

Mr. Watkins stated that they were willing to do that, however, noted that he needs the whole building. He stated that, at this point in time, they are willing to do just about anything that the County would ask them to do, within reason.

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

COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, requested that Tab 12, Item No. 2, under the County Manager's Consent Agenda, a request for approval of a Resolution to amend the General Fund, in order to receive unanticipated revenue for FY 1999/00, in the amount of $39,653.00, from Zoning Violation Fines to approved appropriations from disbursement of these funds to Office Supplies and Machinery and Equipment be withdrawn, to be rescheduled at a later date.

Commr. Hanson requested that Tab 4, a request for approval of the waiver of impact fees for participants in the County's Housing Assistance Program, funded by the State Housing Initiatives Partnership Program (SHIP), and approval of the payment of these fees from the Impact Fee Trust Fund interest; and Tab 21, a request for approval of a Resolution authorizing the posting of speed limit signs in the Mt. Plymouth area for 37 roads be pulled, for discussion.

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

Accounts Allowed/Communications Systems/Roads-County and State



Request from Communications Systems for approval of road name change from Spring Mooring Cove Court (3-3122E) to Cypress Glen Court, in the amount of $22.00.



Accounts Allowed/Community Services/Contracts, Leases and Agreements

Grants/Libraries



Request from Community Services for approval and signature on FY 2000 Library Service and Technology Act (LSTA) Grant Agreement Mobile Training Lab, in the amount of $67,659.00.



Accounts Allowed/Community Services/Contracts, Leases and Agreements

Grants/Libraries/Municipalities



Request from Community Services for approval and signature on FY 2000 Library Service and Technology Act (LSTA) Grant Agreement, in the amount of $9,277.00, for the Electronic Library at the Howey-in-the-Hills Library.



Community Services/Public Health/Reports



Request from Community Services to acknowledge receipt of the Lake County Health Department's quarterly report, for the period ending March 31, 2000.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements/Subdivisions



Request from Facilities and Capital Improvements for approval for the Chairman to execute a Third Amendment to the Maintenance Agreement with Sylvan Shores Association, Inc., relating to Sylvan Shores Park, in the amount of $1,770.00.



Accounts Allowed/Astor Lions Club/Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval of the transfer of ownership of property from the Astor Lions Club, with the stipulation that the park remain alcohol free, based on the Board of County Commissioner's direction of June 20, 2000, to take the necessary action to acquire ownership of the park. The initial cleanup of the park, plus operation fees, would be approximately $15,000.00 for the first year.



Contracts, Leases and Agreements/Facilities and Capital Improvements

Lake Agricultural and Youth Fair Association



Request from Facilities and Capital Improvements for approval and execution of the renewal of the Lease Agreement between Lake County and the Lake Agriculture and Youth Fair Association, Inc., for FY 2000/01.



Accounts Allowed/Courthouse/Facilities and Capital Improvements

Forestry Service/Grants/State Agencies



Request from Facilities and Capital Improvements for approval to execute a grant application, in the amount of $10,000.00, and associated forms and reports for the State of Florida Urban and Community Forestry Grant Program, for trees around the Historic Courthouse.



Accounts Allowed/Budgets/Fiscal and Administrative Services/Emergency Services



Request from Fiscal and Administrative Services - Budget, for approval of budget transfer from Contractual Services, in the amount of $60,000.00, to County Fire Control, Emergency Services, Machinery and Equipment. Development of Emergency Services Assessment database was originally budgeted under Object Code 340, Contractual Services; however, this item should be under Object Code 640, Machinery and Equipment.



Accounts Allowed/Fiscal and Administrative Services/Procurement Services

Roads-County and State/Road Projects



Request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to execute Change Order No. 2, in the amount of $4,450.00, for additional work required for Rolling Acres Road Phase II Construction Project No. 10-99, Bid No. 99-081.



Bonds-Mobile Home/Growth Management



Request from Growth Management for approval of Mobile Home Bond No. MB 2000-02, for Scott Taylor and Jean S. Flowers, for property at 11910 Compton Road, Clermont, FL 34711, to be placed on the property during construction of their home, for security reasons.



Bonds-Mobile Home/Growth Management



Request from Growth Management for approval of Mobile Home Bond No. MB 2000-03, for Timothy L. Schoonard, for property at 43930 Doctors Cove Road, Altoona, FL 32702, to be placed on the property during construction of his home, for security reasons.



Municipalities/Public Works/Roads-County and State



Request from Public Works for approval and acceptance of Maintenance Map, for the intersection of CR 42 and CR 450, generally located south of Hawkins Road (5-8180), in the Altoona area.



Public Works/Road Projects



Request from Public Works for approval to utilize a new bidding and contract document for the Department of Public Works' road construction projects.



Public Works/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Royal Highlands Phase 1-F Subdivision, which consists of 43 lots - Commission District 2.





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

Resolutions/Subdivisions



Request from Public Works for approval and authorization to execute a Developer's Agreement between Lake County and PCD, Inc., for Eagleridge Phase III Subdivision, for Maintenance of Improvements; accept a Maintenance Bond, in the amount of $23,706.50; approve Resolution No. 2000-113, accepting Golden Eagle Boulevard "Part" (2-0160) and Majestic Eagle Circle (2-0160E) into the County Road Maintenance System; and to release a Letter of Credit, for Performance, in the amount of $27,762.90.



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



Request from Public Works for approval of Resolution No. 2000-114, authorizing the posting of a "STOP" sign on the south side of the eastbound lane of CR 19A, where it intersects with Lake Saunders Drive (3-4760).



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



Request from Public Works for approval of Resolution No. 2000-115, authorizing the posting of 25 mph speed limit signs in the Ferndale area, on Trousdale Street (2-2157), Ferndale Community Road (2-2256), and Third Avenue (2-2257); and lowering the speed limit on Vista Del Lago Boulevard (2-0850) from 30 mph to 25 mph, in south Lake County.



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



Request from Public Works for approval of Resolution No. 2000-116, authorizing the posting of two "No Parking On Right Of Way" signs on the south side of CR 561/561A, immediately west of Lakeshore Drive (2-1741); and authorizing two signs on the west side of Lakeshore Drive (2-1741), immediately south of CR 561/561A.



Public Works/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Shangri-La Shores Subdivision Replat - Commission District 5.



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

Road Vacations/Subdivisions



Request from Public Works for approval of Resolution No. 2000-125, advertising Road Vacation Petition No. 935, by Nelson D. and Joyce A. Kirk, to vacate utility easement recorded in the Orange Blossom Gardens Subdivision, located in Section 6, Township 18 South, Range 24 East, located in the Lady Lake area - Commission District 5.



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

Road Vacations/Subdivisions



Request from Public Works for approval of Resolution No. 2000-126, advertising Road Vacation Petition No. 936, by Randy Taylor, to vacate utility easement recorded in the Plat of Eagleridge Phase II, Section 23, Township 24, Range 26, located in the Clermont area - Commission District 2.

AFFORDABLE HOUSING/COMMUNITY SERVICES/IMPACT FEES

STATE AGENCIES

Commr. Hanson informed the Board that she thought a request had been brought before them, in the past, to give the County Manager authority to waive impact fees for participants in the County's Housing Assistance Program for Affordable Housing, rather than requiring the individuals to wait to go through the process.

Mr. Sandy Minkoff, County Attorney, interjected that he felt the direction was for staff to look at it, to see if it could be done more quickly, so that it would not hold anyone up. He stated that he had met with Ms. Wendy Wickwire, Impact Fee Coordinator, and the Growth Management staff to discuss a way to do it, so that there would not be any delays for applicants. He stated that, in order to give the County Manager authority to waive the impact fees, the Code would have to be changed.

Commr. Hanson stated that she would like to see the County move forward and do that - change the Code, noting that she felt the quickest way to handle it would be to give the County Manager the ability to approve the waivers.

Mr. Minkoff stated that staff determined they would know well in advance when a participant's loan would be coming through, so they could get the Board's approval, without any delay, if it is handled right administratively. He stated that once the participants are identified, the County can get the approval and the waivers well in advance of the closing.

Commr. Hanson stated that, if the County can get that, she would like to see them moved forward, as they come through the process. She stated that what is before the Board this date is not what she thought the County was doing.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of waiver of impact fees for participants in the County's Housing Assistance Program, funded by the State Housing Initiatives Partnership(SHIP) Program, and approval of payment of these fees from the Impact Fee Trust Fund interest. The following qualify for waiver of impact fees:

Linda Anthony 50%= Road $635 School $616 Fire $65

Mark and Kay Bolton 50%= Road $635 School $616 Fire $65

Donald and Tracy Davis 75%= Road $951 School $924 Fire $98

Erica Ferrie 50%= Road $635 School $616 Fire $65

Teri L. Fischer 50%= Road $635 School $616 Fire $65

Erika Ford 75%= Road $951 School $924 Fire $98

Patrick and Miriam Fuller 50%= Road $635 School $616 Fire $65

Darnell Newton 75%= Road $951 School $924 Fire $98

Lenny Saucier 50%= Road $635 School $616 Fire $65

Marlene Sherrod 50%= Road $635 School $616 Fire $65

Crystal Wooden 50%= Road $635 School $616 Fire $65



MUNICIPALITIES/PUBLIC WORKS/RESOLUTIONS

ROADS-COUNTY AND STATE/SIGNS

Commr. Hanson informed the Board that she did not feel it was necessary to have a speed limit sign installed at Hojin Street, because the subdivision involved has pretty much been bought out by two different individuals.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 2000-117, authorizing the posting of speed limit signs in the Mt. Plymouth area on the following roads:

Rainey Road 4-3887 Dubsdread Drive 4-3988

Timuquana Drive 4-3889 St. Andrews Boulevard 4-3989

Aberdovey Avenue 4-3989A Brae Burn Street 4-3989B

Shawnee Street 4-3989C Vera Street 4-3989D

Alpena Street 4-3989E Alcrest Avenue 4-4087

Brassie Drive 4-4087A Pine Valley Drive 4-4088A

Lido Avenue 4-4088B Pinehurst Street 4-4089

Baird Avenue 4-4090A St. Anne Road 4-4188A

Flossmor Street 4-4188D Troon Avenue 4-4189

Interlachen Drive 4-4189A Ridgewood Street 4-4189B

Oakmont Avenue 4-4189C Exmoor Drive 4-4189D

Whitemarsh Street 4-4190A Family Court 4-4287

Deal Drive 4-4288 Sackamaxon Drive 4-4289

Sybil Avenue 4-4386C Adel Street 4-4388

Walton Heath Ave. 4-4388A Fidra Avenue 4-4388C

Arlington Avenue 4-4388D Heavenly Way 4-4486D

Hilldale Avenue 4-4486E Niles Street 4-4488A

Biltmore Street 4-4190 Westward Ho Avenue 4-4288A



PUBLIC HEARINGS/PRESENTATIONS

PUBLIC HEARING

2001-2005 ROAD IMPACT FEE PROGRAM AND COUNTY TRANSPORTATION TRUST FUND PROGRAM

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it is a program that staff put together that consists of approximately $9 million worth of proposed projects, which include countywide resurfacing, striping, and roads. He reviewed the County Transportation Trust Fund Road Program and the Road Impact Fee Program lists, contained in the Board's backup material, at which time he stated that $560,000.00 in grant monies were received from FEMA, to replace culverts on Green Swamp Road and Maggie Jones Road, associated with El Nino of 1997/98. He stated that this year the County has approximately $500,000.00 budgeted for resurfacing; $100,000.00 for striping; and less than $1 million for clay to paved roads. He stated that a countywide resurfacing project is currently being formulated throughout the County, which should be completed by this time next year. He stated that Public Works is finishing up projects that were scheduled for the 1999/2000 fiscal year, at the present time. He stated that they are working on a few rights-of-way projects in each district, however, noted that, with less than $1 million to work with, the clay to paved roads project will not get very far this year.

Commr. Swartz informed Mr. Stivender that the projects listed are ranked by priority for the various districts, however, noted that the Board does not have any idea where they fall in the overall ranking. He stated that it would be helpful for them to have that information.

Mr. Stivender stated that he would have his staff provide the Board with said information in the future.

Commr. Swartz requested Mr. Stivender to bring this request back to the Board, at a later date, so that they could see what the rankings are, to get an idea of what the County is doing.

The Chairman opened the public hearing.

Mr. Wayne Saunders, City Manager, City of Clermont, addressed the Board stating that all the cities in the County were asked, at the first of the year, to provide the County with recommendations for new projects to be included on the Road Impact Fee Program list. He stated that the City of Clermont made a request that was not included on said list and he would like for the Board to consider adding it to the list. He stated that it would take some of the impact off Hwy. 50, which he noted is a major problem for the City of Clermont. He stated that Hwy. 50 is scheduled to be six-laned, however, that project is several years away. He noted that the City of Clermont was glad to see that Hooks Street is number one on the list, noting that they have worked very hard to bring it about. He stated that the road he is requesting to be added to the list is a road that would run north, parallel to Hwy. 50, and would connect Citrus Tower Boulevard to Hancock Road. He stated that, without said road in place, there will probably be many more connections along Hwy. 50 than what the City of Clermont would like to see. He stated that they feel said project meets the criteria to be added to the list, even if it is put on the bottom of the list.

Commr. Swartz stated that he was concerned about putting it on the list, because it will then qualify for impact fee credits, which will take money away from projects that are higher on the list. He stated that the road in question is a perfect example of a road that all the property owners that front the road should be paying to have built. He stated that it should have been required as part of any development review that they should have gone through. He stated that it may be too late to do anything about it now, but feels it is a direction the County is going to have to start moving in.

Commr. Pool questioned whether the County could look to the hospital, the national training center, and the college for participation in the matter.

Mr. Saunders stated that he felt there was something in the national training center's conditional use permit that requires them to build at least a portion of the road; however, he felt the County could get a bigger portion of the road built, if there was some impact fee dollars involved, and they could get the training center to build their portion and possibly get some credits for the other portion. He stated that the college is exempt and does not have to go through the permitting process; therefore, the County cannot require them to do anything.

Commr. Swartz stated that the County does not have a commercial subdivision requirement. He stated that he felt it was time for the Board to recognize that they are going to have to ensure that commercial subdivision and development of land provide infrastructure that is over and above the impact fees that they pay. He questioned whether this was something that the Board would like for staff to look at and see how it could be accomplished. He stated that they could check to see what other counties are doing and what the County might want to do.

Mr. Saunders stated that, even if the County had that requirement in place, it would not affect the road he requested be placed on the County's Road Impact Fee Program list, because all the frontage on said road is owned by individual property owners.

Commr. Cadwell suggested discussing the matter under Commr. Swartz's business.

Commr. Hanson stated that her only concern was that Mr. Stivender had stated that said road does not qualify for impact fee dollars.

Mr. Saunders interjected that he and Mr. Stivender disagree on that fact, noting that he feels it does qualify, under the criteria that the County has established, thus, the reason for his being before the Board this date asking that it be included on the list.

Commr. Swartz stated that the road is needed and there is probably another one needed north and south of Hwy. 50, but he would not approve to put it on the list and allow it to get 50% impact fee credits that will take impact fees away from other projects that the Board knows are higher on the list.

A motion was made by Commr. Pool to place the east/west corridor alluded to by Mr. Saunders, that would run parallel to Hwy. 50, in Clermont, on the County's Road Impact Fee Program list.

The motion failed, due to the lack of a second.

Mr. Steve Richey, Attorney, representing Florida Hospital/Waterman, Christian Home and Bible School, and the Huffstetler family, addressed the Board stating that he was present in support of the County's efforts, with regard to Huffstetler Road, which he noted runs from Kirk Street to Hwy. 441 and Lakeshore Drive. He stated that, when Florida Hospital/Waterman determined to relocate from the City of Eustis to the City of Tavares, there was a concerted effort, on behalf of the hospital, to ensure that people from the City of Eustis would have a way to come in and be served by the hospital, without having to go back out on Hwy. 441 and be involved in the congestion. He stated that he worked with county staff to provide rights-of-way from Kirk Street to Hwy. 441 and those property owners he alluded to provided said rights-of-way. He stated that said road is on the County's Road Impact Fee Program list, however, it is lacking a water retention area. He stated that the owners of the parcels where water retention is proposed have agreed to provide said property, it is just a matter of resolving the scope and size of it and working out the legals. He stated that the hospital plans to start construction within the next couple of months and his clients' goal is to have portions of the road in place, to serve the hospital when it comes on line, in order to alleviate traffic on Hwy. 441. He stated that, in addition to that, the hospital has been working with the Department of Transportation (DOT) to take all the water off the expansion of the road, which is six lanes, and put it on the hospital site, to help expedite the DOT widening of the road. He stated that, through the cooperation of all the property owners and county staff, it has allowed his clients to get where they are; therefore, he would like to thank all involved for their help.

Ms. Ann Huffstetler Rowe addressed the Board stating that she was very humbled and greatly appreciative of the fact that the City of Eustis and the City of Tavares named the road Mr. Richey alluded to in honor of the memory of her father. She stated that there were eight property owners involved with said road and all of them, with the exception of Sprint, were private property owners. She stated that everybody, from the beginning, was supportive of the project and she was very appreciative to all involved for their effort.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the 2001-2005 Road Impact Fee Program, as presented.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board directed staff to bring back to them, at a later date, a ranking system for the County Transportation Trust Fund Program, that will show them roads that can possibly be paved in the upcoming year; and that staff review the issue of a commercial subdivision requirement, to be brought back to the Board, with some suggestions.

RECESS AND REASSEMBLY

At 10:15 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

PUBLIC HEARINGS/PRESENTATIONS

PRESENTATION

PROPOSED REGIONAL DETENTION FACILITY IN HERNANDO, LAKE, OR SUMTER COUNTY

Mr. Ron Goates, Manager of District 13, Department of Juvenile Justice for the Fifth Judicial Circuit, addressed the Board and gave a presentation regarding plans to construct a Regional Detention Facility in Hernando, Lake, or Sumter County. He stated that his office requested, through the legislative budget process this past session, funding for a juvenile detention facility for the fifth circuit, to serve Hernando, Sumter, and Lake counties. He referred to a handout, contained in the Board's backup material, that contained information about the proposed facility, which he reviewed with the Board. He stated that it is a 50 bed secure facility, which will employ between 70 to 75 juvenile correctional officers and administrative staff and will have an operating budget of approximately $3 million. He stated that it will cost approximately $5 million to construct the facility. He stated that two such facilities have been constructed over the past two years, one of which just opened in St. Johns County and one which opened in Manatee County the year before. He stated that the facilities are secure, they are not half-way houses.

Mr. Goates stated that the reason for the urgency for such a facility is due to the fact that Marion County's Regional Juvenile Detention Center, which has been serving the entire circuit since 1982, when the facility was built, is severely over-crowded. He stated that there are currently 117 youngsters housed in a 68 bed facility. He further elaborated on the matter, stating that the Department of Juvenile Justice would like to see a secure facility placed in west Lake County, or in east Sumter County, so that it will have accessibility to the Turnpike, to I-75, and to the multiple municipalities that are in Lake County. He requested the Board's support in this matter. He stated that the Legislature funded construction dollars for the facility, but did not provide money to purchase land, noting that the trend of state government is to get out of the real estate business and more to utilizing land that the State has, as well as to partnership with counties and municipalities, to see if they can co-locate, or utilize county property, if it is suitable for such a facility. He stated that he did not have an identified site, noting that the State's fiscal year budget will start October 1, 2000 and they just got word the first of July that the Legislature had provided funding for the facility, so they have just gotten the wheels rolling.

Commr. Pool questioned how much land was available at the Lake/Sumter Correctional Institute, to possibly house this facility and eliminate some duplication, noting that it is already set up and is surrounded by barbed wire.

Mr. Goates stated that there are very, very strict guidelines that govern the separation of juveniles and adults, thus, eliminating their co-location. He stated that, as far as the Department of Corrections is concerned, that dialogue is taking place at the headquarters level in Tallahassee. He stated that he was not in a position to handle it locally.

Commr. Swartz suggested that, in cooperation with Lake County, the facility be built within the County's existing Jail, noting that it was designed for an additional pod, which is not currently in place, although it may become necessary sometime in the future. He stated that, if the County could co-locate the facility as a segregated part of the pod, the facility could probably be built, in conjunction with state funds. He stated that one floor could be an expansion of the County Jail and one floor utilized for the Juvenile Detention Center, noting that food services are in place and the County segregates by gender, as well as by the violence of the crime. He suggested that the County look into the matter, noting that he felt it would be the least expensive way to go.

Captain Mark Palmer, Lake County Sheriff's Office, addressed the Board stating that Sheriff Knupp supports the efforts of Juvenile Justice and is very committed to youthful offenders, in trying to track, monitor, and detain them, when appropriate. He stated that the facility at the County Jail is utilized when offenders are no longer juveniles. He stated that they can be housed separately, but not so much in violation of what Mr. Goates was referring to, with respect to sight and sound issues. He stated that Sheriff Knupp supports this venture, however, noted that he was not in a position to say "yea" or "nay"as to whether the Sheriff would commit on the Jail, in partnership with the Board. He stated that only Sheriff Knupp could comment on that, with Major Borders' efforts, as well.

A brief discussion occurred regarding the possibility of utilizing the Lake County Boy's Ranch as the Regional Juvenile Detention Center, at which time Mr. Goates stated that, to retrofit the ranch into a secure detention center would be impossible. He stated, however, that he did think the ranch had the potential for some type of service for young people.

The Board thanked Mr. Goates for his presentation.

PUBLIC HEARINGS/PRESENTATIONS

PRESENTATION

SOUTHWEST ORANGE AND SOUTHEAST LAKE COUNTIES TRANSPORTATION ALTERNATIVE STUDY (SOSLCTAS), BY POST, BUCKLEY, SCHUH & JERNIGAN, ENGINEERING CONSULTANTS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that this presentation was scheduled to be presented a couple of weeks ago, however, was delayed because of some rezoning cases. He stated that it is a joint effort between Lake County and Post, Buckley, Schuh & Jernigan, working in cooperation with Orange County, on projects running east and west and north and south in that particular vicinity. He stated that they are projects that may appear on the County's Impact Fee Program next year, depending on how they develop.

Mr. Victor Pate, Post, Buckley, Schuh & Jernigan, Engineering Consultants, addressed the Board and presented the Southwest Orange and Southeast Lake Counties Transportation Alternative Study (SOSLCTAS), at which time he gave a slide presentation and overview of the study process. He stated that the process has been underway for some time. He stated that the study area runs from Orange County's Apopka-Vineland north/south corridor, as the eastern boundary, with the southern boundary being the Polk County line, for both Orange and Lake counties. He stated that the northern boundary is SR 50 and the western boundary of the project was expanded in January of this year to go to the west of U.S. 27. He stated that, although those are the boundaries of the study area, they are looking at a total regional impact transportation model, to see what impacts there would be from improvements made within the study area. He reviewed various maps and charts with the Board regarding this request, indicating growth patterns and proposed roadway improvements, which are scheduled to occur over the next ten years, as far as total construction is concerned. He identified the current needs of the County and gave some suggestions for an implementation program, at which time he noted that their objective is to develop a 20 year transportation program. He stated that, once they identify what the 20 year transportation plan should be, or would like for it to be, they will try to develop something that will optimize the efficiency, from an economic standpoint, noting that they want to have something that will identify projects and minimize environmental impacts and community impacts and projects that will give the most transportation mobility that they can get for the money that is invested, looking at short and long-term improvements.

Mr. Pate stated that they have completed their data collection phase, noting that the actual project was initiated in July of 1999; however, the incorporation of Lake County, to make a complete regional study, took place in January of this year. He stated that they have been looking at developing alternatives and have been evaluating and refining some of the preferred alternatives. He stated that they are currently looking at an implementation plan, where they will look at what the needs are, for both a ten year and twenty year time frame, and try to put together a prioritization recommendation that the Board can look at, as they look at developing the final plan. He stated that they will be making another presentation to the Board in September of this year, where they will present some recommendations, and will schedule a third presentation, to be held in December, where they will meet with the Board and then with a select citizens committee, in the evening, to obtain input.

Mr. Pate stated that they anticipate a significant projection of growth, from under five million per day to approximately twenty million per day, over a twenty year period, based on an increase in population and the number of vehicles, as well as trip distances. He stated that some recommendations that have been received from the committees and business groups is for new east/west roadways; that some of the existing roadways be improved for better capacity; that bus service be added; that more short-term improvements be made, such as improved traffic operations at signals and intersections; that speed be enforced on some of the more rural county roadways; etc. He reviewed how they got to the point where they are today. He stated that there is a real effort to expand both the east/west and the north/south connections across the study area, noting that SR 50 is the only east/west connection, at this time, that is continual. He stated that they are looking at ways to add to that, to give alternative travel patterns. He stated that the second alternative is slightly different, in that there are three corridors for an expressway extension to the west, to U.S. 27, which is being studied in detail through a joint agreement between Lake County and the Orlando/Orange County Expressway Authority. He stated that they still need to make a final determination, regarding feasibility and potential locations. He stated that they are looking at developing a third alternative, based on the two alternatives he alluded to, that will best address those deficiencies, consider the public input, and take into account the advisory committee's information.

Mr. Pate stated that the next round of alternatives will be evaluated in more detail, where they will look at not just traffic, but at environmental and community impacts, and do cost estimates for those, so that an implementation plan can be developed. He stated that they will bring that implementation recommendation to both the Lake County Board of County Commissioners and the Orange County Board of County Commissioners. He noted that there needs to be coordination between Orange and Lake counties for implementation schedules, plans, etc. He then answered questions from the Board regarding the study.

Commr. Swartz stated that he felt the rural areas in the County should stay rural, if the Board wants to encourage any kind of agriculture in Lake County, and, if they want to encourage a rural quality of life that a lot of people in Lake County want. He stated that the Board needs to make that commitment and, if they do, they do not need four-lane roads running through those areas. He stated that the Board needs to get a vision of what they want and then say that that is the way it is going to be.

Commr. Pool stated that he feels the regional approach for Orange and Lake counties is very important and will be vitally important, as the future progresses.

Commr. Hanson stated that she feels it is possible to have new roads constructed, with limited access, that do not allow development. She stated that the County can move forward and still leave the land use exactly as it presently is.

Commr. Swartz stated that he would like to have the information that Post, Buckley, Schuh & Jernigan used to evaluate the areas in Lake County that were alluded to, where they obtained the densities, development, and growth patterns that were discussed. He requested that said information be given to Mr. Noble Olasimbo, in the Public Works Department, who he noted could then give it to him.

The Board thanked Mr. Pate for his presentation.

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

PUBLIC WORKS/RESOLUTIONS/RIGHTS-OF-WAY, ROADS AND EASEMENTS

ROAD VACATIONS/SUBDIVISIONS

The Chairman announced that Tab 27, under the County Manager's Consent Agenda, had inadvertently been left out of the motion approving the Consent Agenda; therefore, he would like to address the request at this time.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 2000-127, advertising Road Vacation Petition No. 938, by Antone and Carrie Davis, to vacate a drainage easement recorded in the Plat of Montclair, Phase I, in south Lake County, Sections 1 and 2, Township 23 South, Range 25 East, located in the Clermont area - Commission District 2.



PUBLIC HEARINGS/PRESENTATIONS

PRESENTATION

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Mr. Henry Dean, Executive Director, St. Johns River Water Management District (SJRWMD), gave a presentation regarding the Lake County Water 2020 Water Supply Plan, at which time he referred to a handout (District Water Supply Plan Executive Summary for the St. Johns River Water Management District), which was contained in the Board's backup material, and answered questions from the Board regarding same. He stated that the population of the State of Florida just passed 15 million people. He stated that the State's water usage is projected to increase by 75% within the next 20 years and that almost all of the increase is associated with projected increases in residential demand. He stated that the Floridan Aquifer is the source of choice for the water necessary to meet those demands and has, historically, supplied almost all the water for public supply systems and domestic self-supply systems in the area. He stated that this water is of good quality and is very inexpensive to treat; however, the SJRWMD's recently published water supply plan concludes that the Floridan Aquifer can meet some, but not all, of the projected demands in this area. He stated that other alternative sources must be identified and developed, to meet some of the demand, and decisions about how the remaining Floridan Aquifer water should be allocated must be made.

Mr. Dean stated that the SJRWMD has proposed that these decisions be made collectively by public supply utilities and local governments in the area, with the assistance of the district. He stated that a formal facilitation process is scheduled to begin in late September and Lake County's staff will be actively participating and involved in that process. He stated that decisions resulting from that process are expected to take two years or more. He stated that between now and then the Board will face many requests for land development projects for which water supply issues are probably still unresolved. He stated that the SJRWMD does not feel that individual well and septic tank systems, in place of central water/sewer systems, are going to solve the problems that they are facing. He stated that there is not enough Floridan Aquifer water to go around, plain and simple. He stated that the next several years are going to be challenging and, in order for the challenge to be met successfully, he was asking that the Board work with the SJRWMD and the neighboring local governments, to try to find solutions that will work for everyone. He stated that he would be happy to assist in any way he could. He requested the Board to strongly support the SJRWMD's efforts to improve water conservation and the use of reclaimed water. He stated that it will not solve all the problems, but will go a long way in augmenting the alternative sources that the SJRWMD is going to have to come up with, over the next ten to twenty years. He stated that the growth management issue, with respect to population growth, is not how many people there are going to be in Florida, but the quality of growth there is going to be and how the SJRWMD is going to accommodate what lifestyle and standard of living those people will have. He stated that no one can stop the influx of new residents to the State of Florida - they are coming and it is going to get more ferocious before it lets up. He stated that "smart growth" is the answer, not "no growth".

Commr. Hanson stated that she felt the only way the County could truly keep those lands preserved, whether for agriculture, or as conservation areas, was through a purchase program, which the County does not have. She stated that she firmly believes the County's regulations will fail, unless lands are in public ownership, even if it is for agriculture. She stated that some of the other counties and states are purchasing agricultural land and leasing it back to the farmers.

Commr. Gerber stated that this issue is a very serious one and she does not feel that people are understanding it.

Commr. Swartz stated that the SJRWMD, in its land acquisitions and its acquisition of the easements that Mr. Dean referred to, has done a tremendous service to the people of Lake County. He stated that Mr. Dean, his staff, and all the people that worked so hard on those projects, as well as the water improvement issues with Lake Apopka, Lake Griffin and others, deserve tremendous credit for what they have done, in times against criticism. He stated that he is concerned that, with regard to the County's water study plan, some of the issues that need to be recognized are not being recognized. He stated that he does not feel Lake County and the State of Florida can support the numbers of people that comprehensive plans around the State will allow and he does not feel that anybody believes the State can survive with 98 million people, or whatever that number may be, nor does he believe that Lake County can survive with the growth projections that are in its current comprehensive plan. He stated that people are going to come to Florida; however, there is a big difference between saying to come and be a part of the community, as it exists, with the land use and development patterns that the County believes are important, and changing those land uses and development patterns. He stated that nobody is saying to stop the influx, but what is happening is that every month, in every city and county in the State, where there are zoning meetings, there are increases in density.

Commr. Swartz stated that the Department of Community Affairs is a shell of what it used to be, noting that the few people that are left sit quietly and abide their time, because they know to do otherwise would not be helpful to their jobs and retirement programs. He stated that it has nothing to do with "smart growth" versus "no growth", the issue is whether densities are going to continue to be increased, when the resources are not in place, whether it is water, or the infrastructure that may be roads or schools. He stated that he was not talking about a "taking", noting that he has never talked about a "taking", but it does not mean that one has the right to significantly increase densities, which will then impact water usage and water supply. He then addressed the issue of Gatwick II and the fact that he feels it was a development that should never have been approved. He further elaborated on the matter.

The Board thanked Mr. Dean for his presentation.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

PUBLIC WORKS/RESOLUTIONS/ROAD PROJECTS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was the recommendation of staff to present to the Department of Transportation programs for the year 2001. He stated that the Board was sitting as the MPO (Metropolitan Planning Organization) for Lake County. He stated that the estimated total cost programmed for transportation improvements in Lake County from the FDOT Adopted Work Program is approximately $141,743,000.00 million. He stated that staff has been successful in adding projects to the FDOT Program, within the bounds of Lake County. He stated that many of them are state roads, but staff has also been pushing to prioritize in the fifth district projects for Lake County and its roads that, if staff had not pushed for them, other counties such as Orange and Volusia would have wanted to acquire those funds for their use. He reviewed various projects listed in a handout (Candidate Projects Priority List for FDOT's Work Program Development for FY 2001/02-0005/06), contained within the Board's backup material, and answered questions from the Board regarding same.

Commr. Pool informed Mr. Stivender that although Hartwood Marsh Road is paved it is quite heavily used. He stated that truck traffic is rather heavy along that corridor, as well; therefore, any improvements to the corridor would be greatly appreciated.

Ms. Pat Mayhill, City Planner, City of Eustis, addressed the Board stating that the County is making a very strong effort to work with the cities, as they put together work programs that have to go to FDOT. She stated that, during the past few years, the County and cities have been in a transition period, from being where they submitted the projects to FDOT and FDOT decided what to do, to where they now have to work as a group, to prioritize the projects and submit them to FDOT. She stated that they have come a long way and thanked county staff for their help along the way.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 2000-118, approving the recommended prioritization of projects for Lake County, from the Florida Department of Transportation (FDOT) Five-Year Work Program for FY 2000/01, including the Enhancement Projects.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the appointment and reappointment of the following individuals to the Comprehensive Health Care Committee:

Lake County Medical Society President (or assigned physician designee)



Dr. Tully Patrowicz - reappointment



Lake County Medical Society Alternate Member



Dr. Jaime C. Gonzalez - appointment



Representative from Hospice of Lake and Sumter, Inc.



Pat Lehotsky - reappointment



Representative Serving in an Administrative Capacity from a Lake County Nursing Home Corporation



Linda Graver - appointment



Representative from the Lake County Dental Association



Dr. Alan Hays - reappointment



Representative from the Home Health Care Field Serving Lake County



Ronald Jakubiak - appointment



REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/PUBLIC DEFENDER

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5-0 vote, the Board approved a request from the County Attorney for approval of the renewal of the Agreement between Lake County, Graves and Spivey, and the Public Defender for Legal Representation for Indigent Criminal Defendants.

REPORTS

COUNTY ATTORNEY

ORDINANCES

Mr. Sandy Minkoff, County Attorney, explained this request, stating that he had sent to each of the Commissioners some information that he had received from Seminole County inquiring whether Lake County would be interested in working jointly with them to prepare an ordinance regulating the payday loan lenders business.

Commr. Cadwell stated that, during the County's last regional meeting, a discussion was held regarding this matter and all the counties that were present at said meeting agreed to look at an ordinance regulating payday loan lenders, which would regulate interest rates and other matters regarding payday loans, and at least go through a public hearing process. He stated that he felt it was important what the County did recently with the title loan ordinance and he felt this was another area that needed to be looked at.

The Board directed the County Attorney to work with the other counties, to see if they can come up with an ordinance, and bring it forward for advertising.

Commr. Swartz stated that he thought when the County adopted the title loan ordinance that it was preempted from this and questioned whether there had been some change in the statute. He questioned what now allows the Board to do the ordinance in question.

Mr. Minkoff stated that there is an opinion from a law firm in Tallahassee indicating that counties can have this kind of regulation, however, noted that he would have his staff review the matter, before bringing the request back to the Board.

REPORTS

COUNTY ATTORNEY

SUITS AFFECTING THE COUNTY

Mr. Sandy Minkoff, County Attorney, informed the Board that the County has been served with a lawsuit from Mark and Liane Carson, regarding the Ups and Downs development, which he noted was the development where criminal allegations were made against county staff, including himself. He requested the Board to authorize the County's outside counsel to handle this case.

On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda, for consideration, the request regarding the Ups and Downs development alluded to by the County Attorney.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to have the County's outside counsel handle litigation regarding a condemnation case concerning the Ups and Downs development - a development where criminal allegations were made against county staff, including the County Attorney.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA

CONTINUOUS QUALITY IMPROVEMENT/COUNTY EMPLOYEES

CONTRACTS, LEASES AND AGREEMENTS

On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Continuous Quality Improvement for approval and signature on the Permission Agreement with The Ken Blanchard Companies for the use of their copyrighted materials for new employee orientation.

REPORTS

COMMISSIONER POOL - DISTRICT 2

COMMITTEES

Commr. Pool thanked Mr. Greg Golgowski, with the East Central Florida Regional Planning Council, for his and the Council's efforts regarding the Lake Apopka Basin Steering Committee, noting that they played an important part in keeping the communities and the counties together, while working out an agreement as to how the Basin will develop and what may happen with it.

REPORTS

COMMISSIONER POOL - DISTRICT 2

COMMUNITY SERVICES/LIBRARIES

Commr. Pool thanked Mr. Fletcher Smith, Senior Director, Community Services, and Ms. Wendy Breeden, Library Coordinator, Library Services, for the job they did in putting together the grand opening of the new Citrus Ridge Library. He stated that it was well attended and well received by the citizens of south Lake County.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MISCELLANEOUS

Commr. Pool informed the Board that he had privately criticized Mr. David Damron, a reporter with the Lake Sentinel, for an article that he had written regarding a public hearing that was held recently, with regard to a request for a road vacation, where Mr. Damron stated that Commr. Pool had tried to "persuade" his fellow Commissioners to go along with his vote for approval. He stated that he felt the word "persuade" was a little strong, when he knew that the motion would be defeated. He stated that he had told Mr. Damron privately and would now tell him publicly that he did not think he knew how to write a story correctly. He stated that he appreciated the truth, not inaccuracies.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 3

MISCELLANEOUS

Commr. Swartz stated that he felt the article referred to by Commr. Pool was probably accurate and suggested that Mr. Damron keep writing the articles the way he sees them, noting that sometimes the Board will like them and sometimes they will not.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

COMMISSIONERS/MEETINGS

Commr. Cadwell informed the Board that the 2000 State of the County event has been scheduled for Thursday, October 19, 2000, at 6:30 p.m.

Commr. Hanson stated that she felt this might be a good opportunity for the County to have the swearing in ceremony for the newly elected commissioners, noting that she was aware of the fact that it may be a later date than October 19, 2000.

Commr. Cadwell interjected that the County could not swear the newly elected commissioners in until after November 20, 2000.

Discussion was held regarding the format that will be used, at which time it was the consensus of the Board that only the Chairman would speak, along with perhaps a guest speaker.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

RESOLUTIONS/EMERGENCY SERVICES/FIRE RESCUE

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2000-119, proclaiming August 27-September 2, 2000, as Lake County Fire Fighter Appreciation Week, in order to recognize their efforts for the Muscular Dystrophy Association.

ADDENDUM NO. 1 (CONT'D.)

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the appointment of Mr. Cecil Shumacker to the Lake-Sumter Emergency Medical Services Board of Directors, in the capacity of Lake County Citizen-at-Large.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

COMMISSIONERS/MEETINGS/SOLID WASTE

The Board set a Special Board Meeting to be held Tuesday, August 29, 2000, at 9:00 a.m., with regard to the issue of Ogden Martin and the incinerator.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

ACCOUNTS ALLOWED/BUDGETS/SCHOOL BOARD

Commr. Cadwell informed the Board that the County contacted the Lake County School Board, approximately one year ago, regarding funds that were collected by the County from capital outlay millage fees collected between 1995 and1998 that needed to be returned to the school system. He stated that, with the help of the Clerk's Office, staff was able to gather those figures and presented them to the School Board. He stated that there was a question as to whether the School Board agreed with said figures; therefore, they were asked to verify the figures and let the County know. He stated that the County had not heard anything from the School Board, so he wrote Chairman Kyleen Fischer a letter informing her that the County has said funds and would be glad to write the School Board a check, which could help them out during their budget crunch.

On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to move funding, in the amount of $464,913.87, from the County's Special Reserve Account to Non-Departmental - Other Charges and Obligations, in order to reimburse the School Board capital outlay millage fees that were collected between 1995 and 1998.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:25 p.m.







______________________________ WELTON G. CADWELL, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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