The Lake County Board of County Commissioners met in regular session on Tuesday, February 27, 2001, 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: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Welton G. Cadwell, Jennifer Hill; and Debbie Stivender Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

Ms. Sue Whittle, County Manager, stated that she had two revisions to the agenda. Ms. Whittle stated that, in Tab 5, Item 8., the amount should read $4,269,093.00 instead of $3,269,093.00. In Tab 20, instead of accepting a performance bond in the amount of $645,210.70, the Board is accepting a Letter of Credit in the amount of $694,326.58. She also noted that the Board has a printed Addendum to today's agenda.

INTRODUCTIONS

Commr. Cadwell introduced Mr. William S. Battillo, President of Colonial Bank in Lake County , who was serving his internship for Leadership Lake County.

MINUTE APPROVAL

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the January 30, 2001 Special Minutes (Board Retreat), as presented.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 7, as follows:

Accounts Allowed

Acknowledged receipt of the 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

Contractor Bonds, as follows:

New

4909-01 Juan Torres DBA Aaarons Electric (electrical)

4997-01 Barney W. Headrick/Barney's Plumbing of Debary

Inc. (plumbing)

5389-01 John H. Wescott DBA Wescott Roofing (roofing)

5504-01 Jon H. Bowman/Dolphin Electric Inc. (electrical)

5678-01 Bruce Evans DBA Evans Roofing (roofing)

5815-01 R. L. Worth (contractor)

5816-01 Ron Horiski DBA Horiski Masonry Inc. (masonry)

5817-01 Freddie F. Fleming/Fleming Electric (electrical)

5818-01 Anthony Zarrelli DBA A Accurate Air Cond. & Heating Systems

(HVAC contractor)

5819-01 Bernard S. P. Stephen DBA Home Repair Contractor's Inc.

5820-01 William Leslie Conover DBA Con-Air Service of Central Florida

5821-01 Sparky Electrical Services (electrical)

5822-01 Heladio A. Trujillo (electrical)

5823-01 Timothy J. Hefner DBA Hefner Plumbing Co. (plumbing)

5824-01 Eric R. Oliphant DBA J & R Plumbing Services

5825-01 Phillip Tucci DBA Tucci Masonry, Inc. (masonry)

Cancellation

3052-00 Paul J. Meli

4742-98 Mark A. Clarkson DBA Clarkson Enterprises

5574-01 Mark Rainer DBA Rainer Plumbing, Inc.

5783-01 Gregory Vaughn DBA Gregory Homes

Rider

5772-00 Wayne Masciarelli DBA M & M Enterprises of Morriston, Inc.

(address change)

Reports/State Agencies

Acknowledged receipt of the Florida Department of Revenue's 2000 Annual Report.

Bonds - Public Official

Approved Public Official Bond for Thomas L. Wetherington, who was elected as a member of the Board of Trustees, North Lake County Hospital District Board, as required by House Bill No. 1951, Chapter 95-508.

Utilities

Acknowledged receipt of the Notice of Application for a Transfer of Water and Wastewater Certificates - Legal Notice - Notice is hereby given on January 25, 2001, pursuant to Section 367.071, Florida Statutes, of the Application for a Transfer of Water Certificate No. 515-W and Wastewater Certificate No. 447-S held by Steeplechase Utility Company, Inc., to Florida Water Services Corporation providing service to the described territory in Marion County, Florida. Any objection to said application must be made in writing and filed with the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida, 32399-0850 within 30 days from the date of this notice. At the same time, a copy of said objection should be mailed to the applicant whose address is: Florida Water Services Corporation, Attn: Legal Department, P. O. Box 609520, Orlando, Florida 32860-9520.

Municipalities/Ordinances

Acknowledged receipt of Ordinance No. 00-32 from the City of Eustis, a voluntary annexation of a single family residence on .92 acres at 15911 Dora Avenue (C-19A), as described as Lots 15 and 16, Lake Saunders Subdivision.

Municipalities/Ordinances

Acknowledged receipt of the following Annexation Ordinances from the City of Groveland:

Ordinance 98-09-13

(approximately ten acres shall be rezoned M-1, Light Manufacturing).

Passed and adopted by the City Council of Groveland September 9, 1998.

Ordinance 97-06-07

(Tract 30, Groveland Farms, in Section 21, Township 22 South, Range 25 East, and further described - approximately 9 acres, more or less, shall be rezoned C-1, Highway Commercial).

Passed and adopted by the City Council of Groveland June 15, 1997.

Ordinance 97-04-05

(As described - Groveland Farms - Subdivision Plat Book 2/10 & 11, all in Section 16, Township 22 South, Range 25 East, County of Lake, State of Florida - approximately 148 acres more or less shall be rezoned R-3, multi-family residential).

Passed and adopted by the City Council of Groveland April 7, 1997.

Ordinance 2000-09-16

Robert and Denise Porter annexing 12,320 square feet in Groveland Park, as described.

Passed and ordained by the City Council of the City of Groveland, September 18, 2000.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 20, as amended (Tabs 5 and 20):

Affordable Housing/Bonds/Resolutions

Request for approval and authorization of Resolution 2001-29 to amend the Lake County Affordable Housing Assistance Plan for the State Fiscal Years 2000-2001, 2001-2002, and 2002-2003; to specify adoption of the Bond Study Limits as established through the Housing Finance Authority (HFA) as the method of determining the maximum average area purchase price limits.

Contracts, Leases & Agreements/Recreation/Taxes

Request for approval and signature on the First Amendment to Interlocal Agreement between Lake County and Trout Lake Nature Center relating to contribution of Infrastructure Sales Tax Funds for Community Recreational Facilities.

Accounts Allowed/Budget Transfer/Solid Waste

Request to approve budget transfer in the amount of $208,443.00 from Contingency - Landfill Enterprise Fund to Solid Waste Management Services, Machinery & Equipment - Transportation/Hauling $127,200.00, Machinery & Equipment - MIS/Scales $77,243.00, and Communications & Freight - MIS/Scales $4,000.00 (total $204,443.00). Funds are needed to purchase two road tractors for the Transportation/Hauling division. Prior to instituting Ogden Martin of Lake's unattended access to the County truck scales for after-hours acceptance of waste, the MIS/Scales division needs to install remote video of Waste-to-Energy operations, upgrade truck scale software, install remote configurable routers and external scales read-out. They will also need Sprint services.

Accounts Allowed/Budget Transfer/Grants/Community Services

Request to approve budget transfer in the amount of $360,675.00 from Improvements Other Than Buildings to Community Services, Road Improvements $310,675.00, Roads - Property Owner's Share $20,000.00, and Miscellaneous Supplies & Materials $30,000.00 (total $360,675.00). Funds for a CDBG-funding road improvement were inadvertently budgeted in Account #8600630, Improvements Other Than Buildings. Demand for the prescription voucher assistance program has also exceeded expectations. The contract price for design of the Lake Kathryn roadway improvements was less than the amount budgeted, resulting in surplus funds in the account.

Accounts Allowed/Budget Transfer/Emergency Services

Request to approve budget transfer in the amount of $150,000.00 from Contingency - County Fire Control to Emergency Services, Buildings. Funds are needed to build the Bay Lake Fire Station.

Accounts Allowed/Budget Transfer/Grants/Landfills/Solid Waste

Request to approve budget transfer in the amount of $27,453.00 from Contingency - Enterprise Landfill $26,153.00, Office Supplies - Operations & Support $1,000.00, and Repair & Maintenance - Fiscal Support $300.00 to Solid Waste Management Services, Aids to Government Agencies - Playground Surfacing Grant $26,153.00, Travel & Per Diem - Operations & Support $1,000.00, and Operating Supplies - Fiscal Support Services $300.00. Transfer is necessary to support funding for new reimbursable grant titled "Playground Surfacing Grant." Also need to cover cost of travel in Operations & Support. Need funds in Fiscal Support Services for employees' uniform shirts and jackets that were budgeted in a different division. Funds to be taken from Contingency - Landfill Enterprise for reimbursable grant. Funds available in Office Supplies - Operations & Support due to bulk buying of supplies. Funds available in Repair & Maintenance - Fiscal Support Services due to decrease in Perconti maintenance agreement for this fiscal year.

Accounts Allowed/Budget Transfer/Sheriff's Department

Request to approve budget transfer in the amount of $10,000.00 from Contingency - Sheriff to Constitutional Offices/Sheriff. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer in the amount of $10,000.00 from Contingency - Sheriff to the Law Enforcement Operating account.

Accounts Allowed/Grants/Libraries/Resolutions

Request to approve Resolution 2001-30 to amend the County Library System Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $25,000.00 from Adult Literacy Grant and to provide appropriations for the disbursement of these funds to the County Library System Fund.

Accounts Allowed/Resolutions/State Agencies/Transportation

Request to approve Resolution 2001-31 to create a new fund, Public Transportation, in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $390,638.00 from the Florida Department of Transportation and other sources for the provision of Transportation Disadvantaged Services and Public Transportation in Lake County and to provide appropriations for the disbursement of these funds to the Public Transportation Fund.

Accounts Allowed/Bonds/Resolutions

Request to approve Resolution 2001-32 to amend the Pari-Mutuel Revenues Replacement Bonds Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $4,269,093.00 from Pari-Mutuel Revenues Replacement Bonds and to provide appropriations for the disbursement of these funds to certain capital projects.

Accounts Allowed/Building Services/Resolutions

Request to approve Resolution 2001-33 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $85,000.00 for Building Services Protective Fees and Building Permits and to provide for the hiring of a Plans Examiner and a Plans Examiner/Contractor Liaison, and to fund the temporary Customer Service Representative on a full-time basis.

Accounts Allowed/Building Services

Request for approval of Impact Fee Refund request to Lennar Homes in the amount of $9,096.66 due to prepayment certificates being presented after building permits issued.

Accounts Allowed/Building Services

Request for approval of Impact Fee Refund request to Pringle Development, Inc. in the amount of $1,617.00 due to school impact fees being incorrectly charged on active adult residences after direction from Board of County Commissioners to no longer charge.

Accounts Allowed/Building Services

Request for approval of Impact Fee Refund request to Maverick Builders, Inc. in the amount of $834.12 due to proof of previous structure on the property presented after building permit was issued.

Contracts, Leases & Agreements/Procurement/Solid Waste

Request for approval to terminate contract number 00-099 with Elab, Inc. for Solid Waste analytical laboratory services and issue a new RFP in the near future.

Accounts Allowed/Bids/Contracts, Leases & Agreements/Emergency Services

Procurement

Request for approval and authorization to award Bid Number 01-025, encumber funds, and execute a contract, subject to County Attorney approval, to Construction Development and Design Company to construct the Bay Lake Fire Station in the amount of $147,000.00.

Contracts, Leases & Agreements/Building Services/Subdivisions

Request for approval of a Developer's Agreement between Lake County and Fairways/Mt. Plymouth, Ltd. relating to the issuance of six building permits in the Fairways Subdivision prior to the acceptance and recordation of the Final Plat.

Accounts Allowed/Subdivisions

Request for approval and authorization to release an escrow amount of $9,500.00 that was posted for maintenance of the Hunters Ridge Subdivision - Commission District 2.

Subdivisions

Request for approval and authorization to accept the final plat for Pennbrooke Phase 2R Subdivision. Subdivision consists of 68 lots - Commission District 1.

Accounts Allowed/Subdivisions

Request for approval and authorization to release a letter of credit for maintenance in the amount of $15,500.00 that was posted for maintenance of the Prominent Point Subdivision - Commission District 2.

Accounts Allowed/Subdivisions

Request for approval and authorization to release a letter of credit for maintenance in the amount of $10,881.00 that was posted for maintenance of the Avalon Estates Phase 2 Subdivision - Commission District 2.

Subdivisions

Request for approval and authorization to accept the final plat for Castle View Estates Phase One Subdivision (formerly known as Savanna South West). Subdivision consists of 12 lots - Commission District 2.

Accounts allowed/Bonds/Contracts, Leases & Agreements/Resolutions

Roads-County & State/Subdivisions

Request for approval and authorization to release a letter of credit for performance in the amount of $448,880.00 that was posted for Siena Ridge Phase III, accept a maintenance bond in the amount of $22,624.00, execute a Developer's Agreement for Maintenance of Improvements between Lake County and Siena Home Corporations, and execute Resolution 2001-34 accepting the following roads into the County road maintenance system: Margaux Drive "Part" (County Road Number 2-0358) and Lalande Loop "Part" (County Road Number 2-0385A). Subdivision consists of 66 lots - Commission District 2.

Accounts allowed/Contracts, Leases & Agreements/Resolutions

Roads-County & State/Subdivisions

Request for approval and authorization to accept the final plat for Marsh Hammock Phase I, accept a letter of credit for performance in the amount of $25,000.00 for tree planting requirements, execute a Developer's Agreement for Construction of Improvements between Lake County and Marsh Hammock, Inc., accept a letter of credit for maintenance in the amount of $47,000.00, execute a Developer's Agreement for Maintenance of Improvements between Lake County and Marsh Hammock, Inc., and execute Resolution 2001-35 accepting the following roads into the County road maintenance system: March Hammock Way (County Road Number 2-1631), Water Fern Circle "Part" (County Road Number 2-1631A), Water Orchid Avenue "Part" (County Road Number 2-1631B), and Marsh Elder Street (County Road Number 2-1631C). Subdivision consists of 72 lots - Commission District 2.

Resolutions/Roads-County & State/Subdivisions

Request for approval and authorization to accept corrected Resolution 2001-36 accepting the following roads in the Park at Wolf Branch Oaks Phase 1 Subdivision into the County road maintenance system: Majestic Oaks Drive (County Road Number 4-4585), Oak Prairie Circle (County Road Number 4-4685), Woodvine Drive (County Road Number 4-4685A), and Oak Canopy Drive (County Road Number 4-4885) - Commission District 4.

Accounts Allowed/Bids/Road Projects

Request for approval and authorization to advertise for bids for CR-448 Extension Project No. 2001-10 at an estimated cost of $1,100,000.00 from the Impact Fee Fund. Commissioner District 3, Benefit District 2.

Accounts Allowed/Bids/Road Projects

Request for approval and authorization to advertise for bids for "Part" of #2-2119 Lake Emma Road Widening & Resurfacing Project No. 2001-06 at an estimated cost of $400,000.00 from the Impact Fee Fund. Commissioner District 2, Benefit District 6.

Deeds

Request for approval to accept the following:

Non-Exclusive Easement Deed

The Reorganized Church of Jesus Christ of Latter Day Saints, Merry Road, 3-4455, Sidewalk Project

Statutory Quitclaim Deeds

Thomas R. & Carol Braby, Central Ave. & East Ave., Deerhaven Internal Road Project

Clarence & Lorraine Satkowiak, Central Avenue, Deerhaven Internal Road Project

Richard Boudreau, Jr., Central Blvd., Deerhaven Internal Road Project

Raymond A. & Linda V. St. Yves, Central Blvd. & Central Ave., Deerhaven Internal Road Project

Louise A. Brown, Central Blvd. & Central Ave., Deerhaven Internal Road Project

Frances D. & David R. Atkins, Central Blvd. & East Ave., Deerhaven Internal Road Project

David K. & Jeanne A. Riedy, Central Ct., Deerhaven Internal Road Project

Deerhaven Community Assoc., Inc., a Florida corp., East Ave., NW Ct., NW Ave. & North Blvd., Deerhaven Internal Road Project

Thomas & Judy D. Ferrin, East Ct., Deerhaven Internal Road Project

Theron R. & Donna C. Bronson, North Blvd., Deerhaven Internal Road Project

Sean C. Griffith, North Blvd. & East Ave., Deerhaven Internal Road Project

Kenneth W. Kennedy, North Blvd. and East Ave., Deerhaven Internal Road Project

Statutory Warranty Deeds

John P. Adams and Ann D. Adams Family Ltd., Partnership, Citrus Tower/Grand Hwy. Int., Intersection Project

Harbor Hills Development, L.P., a Florida Ltd., Partnership, Marion County Road, 5-8010, Road Project

The District Board of Trustees of Lake-Sumter Community College, Oakley Seaver Blvd., S. Lake Trail Project

Lady Lake Holdings, Ltd., a Florida corp., Rolling Acres Rd./Griffin Ave., Road Widening Proj.

Temporary Non-Exclusive Easement

The Reorganized Church of Jesus Christ of Latter Day Saints, Merry Road, 3-4455, Sidewalk Project

Accounts Allowed/Contracts, Leases & Agreements/Subdivisions

Request for approval and authorization to accept the final plat for Las Colinas - Phase 1, accept a Letter of Credit in the amount of $694,326.58, and execute a Developer's Agreement for Construction of Improvements between Lake County and Sonoma Constructors, Ltd. Subdivision consists of 119 lots - Commission District 3.

PUBLIC HEARINGS

COMMITTEES/EMERGENCY SERVICES/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-15, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, PROVIDING FOR THE REPEAL OF LAKE COUNTY CODE, CHAPTER 2, ARTICLE IV, DIVISION 5, FIRE AND RESCUE ADVISORY BOARD, SECTIONS 2-90.7 THROUGH 2-90.11; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Ordinance 2001-15, as read by title only.

PUBLIC HEARINGS

GROWTH MANAGEMENT/ORDINANCES

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-16, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 14-5, LAKE COUNTY CODE, ENTITLED PAYMENT OF FEES; PROVIDING THAT ALL FEES ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS SHALL BE PAID; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Ordinance 2001-16, as read by title only.

PUBLIC HEARINGS - ROAD VACATIONS

PETITION NO. 953 - PAUL AND JEANETTE NETWAL - ASTATULA AREA - COMMISSION DISTRICT 3

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request to vacate a road located in S28, T20, R26 in the Astatula area. Mr. Stivender explained that the vacation involves a 100 foot right-of-way that is not being utilized in the manner in which it was originally platted. Staff tried to contact property owners to the east, but they received no communication from them. Mr. Stivender stated that staff is recommending approval to vacate.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicants were present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2001-37, Petition Number 953 by Paul and Jeanette Netwal to vacate a road located in S28, T20, R26 in the Astatula area - Commission District 3.

PETITION NO. 954 - ROBERT A. LAWSON, D.R. HORTON, INC.

CLERMONT AREA - COMMISSION DISTRICT 2

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request to vacate an easement located in S25, T24S, R26E in the plat of Clear Creek Phase III. Mr. Stivender explained that this involves a new subdivision plat, and staff has received a verbal request to withdraw the case, however, staff did not have anything in writing. He recommended that the Board postpone the request for 30 days. Mr. Stivender stated that, if staff receives a letter of withdrawal, staff can withdraw it at that time. He noted that, if the Board approves to postpone the request, there will be no additional advertising expense. He stated that this request involves a rear access situation, and they are proposing an alternate easement behind the lot on some common ground. Staff is recommending approval of the request, but at this time, they would like to postpone it for 30 days.

Commr. Hanson noted that there was no one present objecting to the request for postponement.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved a 30 day postponement for Petition Number 954 by Robert A. Lawson, D. R. Horton, Inc. to vacate an easement located in S25, T24S, R26E in the plat of Clear Creek Phase III, in the Clermont area - Commission District 2.

INTRODUCTIONS

Ms. Sue Whittle, County Manager, introduced Mr. Kristian (Kris) Swenson, Public Works, and Mr. Daryl (Max) Forgey, Planning Director, who have just joined County staff.

PUBLIC HEARINGS -

REZONINGS

Ms. Sharon Farrell, Senior Director of Growth Management, informed the Board that the following case had been withdrawn: PH#9-01-3, Amantha Musselwhite (Bonnie Roof), Tracking #9-01-CP. Ms. Farrell noted that Ms. Musselwhite is going to work with the Venetian Village Subdivision, and the whole area, to come up with a site plan that everybody will be comfortable with.

PETITION CUP#01/2/1-2 - CLARK & JOAN COOK - CUP IN A

TRACKING #16-01-CUP

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for a CUP in A (Agriculture) for a mobile home for temporary care of the infirm on five acres. Ms. Farrell stated that there were no concerns from staff, and staff and the Planning and Zoning Commission were recommending approval of the request. She noted that staff was not aware of any opposition.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Petition CUP#01/2/1-2, Clark & Joan Cook, a request for a CUP in A (Agriculture) for a mobile home for temporary care of the infirm, Tracking #16-01-CUP, Ordinance 2001-17.

PETITION PH#14-01-2 - LAKE COUNTY BOARD OF COUNTY COMMISSIONERS LAKE COUNTY SHERIFF'S OFFICE - A TO CFD - TRACKING #18-01-CFD

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for rezoning from A (Agriculture) to CFD (Community Facility District) for a warehouse to store emergency/disaster preparedness equipment and supplies and stated that staff was recommending approval of the request. Ms. Farrell stated that here was no opposition to the request. She noted that Planning and Zoning made a minor change in the Ordinance in the backup, and staff disagrees with the change, on Page 2, 1. Terms, A. 1., which deletes the following language: "or another governmental agency and associated uses related thereto." She stated that staff feels that, if any other governmental agency, such as Federal Emergency Management Agency (FEMA), or the Department of Community Affairs (DCA), or some other State agencies were involved with any of these emergency preparedness or other functions of the Sheriff's Office, they would need to have that availability without coming back through a public hearing process.

Ms. Sue Whittle, County Manager, stated that if the Board of County Commissioners determined a use for that property, staff believes that would be appropriate.

Commr. Stivender noted that the Sheriff was not involved with the change in language.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the Board was the applicant in this case.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Petition PH#14-01-2, Lake County Board of County Commissioners/Sheriff's Department, a request for rezoning from A (Agriculture) to CFD (Community Facility District) for a warehouse, to include the following language: "or another governmental agency and associated uses related thereto", Tracking #18-01-CFD, Ordinance 2001-18.

PETITION CUP#01/2/2-3 - JOHNNY BREWER - CUP IN A

TRACKING #19-01-CUP

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for a CUP in A (Agriculture) for keeping of an existing mobile home on site for a caretaker's residence to assist with the existing nursery operation and stated that Mr. Brewer was before the Board over a year ago to discuss this same issue. Ms. Farrell stated that there were some issues in the past about roadway vacations and code enforcement, however, based on the non-intensive use of the nursery, and the fact that it is only a five acre tract, staff has recommended denial of the request. Ms. Farrell noted that there were three letters of opposition, and the Planning and Zoning Commission also recommended denial 10 to 0.

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

Mr. Johnny Brewer, applicant, addressed the Board and stated that he now has his trailer permit, the agricultural permit and his State license for the nursery.

Ms. Farrell explained that the Code case was in abeyance, while they worked out lot splits, and staff has been working very hard to bring Mr. Brewer into compliance, without having to remove every mobile home on the site. She stated that this was the last mobile home on the site, and a caretaker's residence was his only option at this point.

Commr. Stivender stated that there was a comment in the staff's analysis that says that Code Enforcement has made several visits to the property, and it does not appear that the nursery is active.

Mr. Brewer stated that it is an active nursery, and it is being used for wholesale, not retail.

Commr. Cadwell stated that it seems to him that this particular request is just a way to circumvent having to move the other mobile home. He stated that this is a four year old Code case, and there are still mobile homes on it, because of some lot splits.

It was clarified that there are two mobile homes on the site in question, and one of them is permitted.

Ms. Ruby Brewer addressed the Board in opposition to the request and stated that she lives next door to the property, and she has been there the whole time that the Code case has been an issue. Ms. Brewer explained that, at the last meeting, Mr. Brewer asked for a 60 day extension, so that he could get his nursery operating and opened, and he stated that he would get everything that he needed to have a legal operation. She reminded the Board that he said this 14 months ago, and the trailer is still there. She stated that he pulled the permit for the mobile home that he is living in four days ago, on February 23, 2001, and the only reason he got it was because, at the Planning and Zoning meeting, it was brought up that he did not even have a permit for the trailer that he was living in, and he has not had one since 1999. Ms. Brewer stated that today makes the eighth meeting on this issue. She stated that Mr. Brewer is putting plants in the nursery, but there is another man that has rented part of this nursery for his overstock, and he has his items in there. She stated that the two fiberglass nurseries are sitting right on her property line. She explained that, in 1997, the Code Enforcement Division found out that there were eight mobile homes on the property, and there was another owner. She questioned what happened to the property, once the trailers and sewage and septic tanks were removed. Ms. Brewer stated that the Code Enforcement Division has made several visits to the property, since the last consideration of the case, and at no time has an active nursery been apparent. At the February 7, 2001 meeting with the Planning and Zoning Commission, Mr. Brewer did not have a State nursery license, or an agricultural exemption, or a permit for the trailer that he is living in. Ms. Brewer clarified that she is not related to Mr. Brewer. She stated that this should be a Code Enforcement case, because he is already being fined, and at the Planning and Zoning Commission meeting, they indicated that the fine is probably up to $9,000. A letter from the Code Enforcement Division dated August 18, 2000, gave him until September 7, 2000, to act on this issue, and he pulled a permit four days ago for the trailer he is living in. Ms. Brewer stated that the request being made for two mobile homes per five acres, plus a six house nursery on five acres, is too congested for agricultural land. She noted that this is agricultural land and one dwelling per five acres is allowed. She is concerned that, when he does open the nursery, he is going to spray chemicals, and she does not want her land value to go down. Ms. Brewer stated that she has owned her property for 30 years and has lived in her home for 27 years, and she has a right to protect her property rights.

Ms. Evelyn Brewer addressed the Board stated that she has a problem with a rental mobile home. Ms. Brewer stated that the original septic tanks are still on the property, and she questioned what will keep him from coming back and placing the four mobile homes back on the property. She stated that the plants were put in the nursery for the Board's benefit, because they are someone else's overstock. She further stated that, if Mr. Brewer sells them, then it will be retail, because he has a produce stand in Zellwood. Ms. Brewer stated that she agrees with everything that was said by Ms. Ruby Brewer, and she is concerned about the septic tanks leaking, the possibility of ground contamination, and the burying of fiberglass and rotten produce on the property. She stated that there is nothing wrong with the one mobile home and the nursery, but he does not need a caretaker. She stated that right now there are five adults living on the property. Ms. Brewer stated that, if this is approved, they will be right back before the Board to have the CUP revoked, because those mobile homes will magically reappear. She stated that she was against the first owner, and she does not want this behind her property.

Mr. Brewer addressed the Board and stated that he did just get the permits. He stated that his dad owns property right beside his property, and he has more property along the road. He welcomed the Board to visit his site, because the septic tanks were properly disposed of when the trailers were moved. He noted that he also got his agricultural exemption, after the Planning and Zoning Commission meeting, even though he was told that he did not need it until he starts selling items.

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

Commr. Stivender stated that she would like to ask the officer from Code Enforcement about the case, because Mr. Brewer is stating that he just obtained all of these items, however, he tried for a long time to get a permit for the mobile home.

Ms. Wanda Williams, Code Enforcement Administrative Professional, stated that Mr. Brewer has applied for the agricultural exemption, but he does not have it yet, because he does not have an active agricultural business. Ms. Williams stated that the mobile home that was placed on the property for him to live in was never permitted, and because he already had a mobile home on the same parcel, he could not get one. In regards to the permit that he got four days ago, a notation was typed on it, which explains that, once the mobile home that he lives in is final, and he gets his certificate of occupancy (CO), the other mobile home must be removed. It was noted that, under the County Code, he can only have one mobile home per five acres. Therefore, he will have a permit for the one that he is living in, and the other one still has to be removed.

It was clarified that, if there was an established agricultural business in the County, and the owner had one mobile home, he could still apply for an additional caretaker's unit.

Ms. Williams stated that, when she visited the site in question, only Mr. Brewer and his wife were there, and she does not have knowledge of anyone else being there at this time.

Commr. Cadwell stated that, in a case like this where there may be someone who lives on the property and they want a caretaker's unit, the Board has historically approved it, if there was a reason for having it, but the Board also had a good comfort level that a good faith effort was being made, but he does not have that comfort level with this request.

Ms. Williams explained that she has been involved in the case, since the Citizens Service Request (CSR) came through the Board Office, and she has researched it and documented the facts in the Code case that led to the revocation of the first CUP, and the one that he is applying for now.

Commr. Cadwell stated that he has formed an opinion that he does not feel that Mr. Brewer has worked in good faith to rectify this issue, and he feels that Mr. Brewer is trying to keep rental property at this site.

Ms. Williams explained that Mr. Brewer actually created his own problem, when he did the lot split.

Commr. Cadwell stated that every action pertaining to Mr. Brewer that has come to the Board, short of the road vacation, has been due to a Code case.

Ms. Williams stated that the problem originally started from a Code case in 1997, when the County started the revocation process for the CUP that was out there, because of the additional mobile homes, and it being outside of the scope of a caretaker's residence. She stated that Code Enforcement gave them options to rectify the problem, and Mr. Brewer has taken care of the older mobile homes, but he still has the one trailer that must be removed.

Commr. Hanson stated that, on this piece of property, if the nursery was ongoing, and the owner's mobile home was there because of the lot split, then another mobile home would not be allowed to be placed where it is now.

Ms. Williams explained that there are still a lot of Code issues involved with this piece of property. She stated that the fine has been imposed and it is accruing daily.

On a motion by Commr. Stivender, seconded by Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and denied Case CUP#01/2/2-3, Johnny Brewer, the request for a CUP in A (Agriculture) for keeping of an existing mobile home on site for caretaker's residence to assist with the existing nursery operation, Tracking #19-01-CUP, based on documentation that was received and the testimony.

PETITION PH#11-01-3 - M.R.S. CAPITOL INC./AMVETS POST #1992

LARRY KINDRED - RP TO CFD - TRACKING #29-01-CFD

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for rezoning from RP (Residential Professional) to CFD (Community Facility District) for the construction of a Community Center to include lounge, kitchen and meeting room and outside barbecue area with grassed parking and stated that staff has recommended approval. Ms. Farrell stated that the request involves a little under three acres, and there was one letter of opposition. The Planning and Zoning Commission approved the request 10 to 0.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that three applicants were present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

Commr. Stivender questioned the time that was being proposed on Page 2 of the Ordinance, which stated 9:00 a.m. to 12:00 a.m.

Ms. Farrell explained that she was concerned with the hours, because of outdoor activities, and she was also concerned about the word in Paragraph 1., "open to the public", versus "available to the public".

Mr. Tom Kelly, past Commander of AmVets, addressed the question about changing the word "open" to "available", and stated that it is against Charter rules to be open to the public. Mr. Kelly explained that 12:00 a.m. would actually be midnight. He further explained that the only thing that would take place outdoors would be the cooking aspect of a barbecue or dinner, and table arrangements and seating and eating would be inside.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#11-01-3, M.R.S. Capitol Inc., AmVets Post #1992 - Larry Kindred, the request for rezoning from RP (Residential Professional) to CFD (Community Facility District) for the construction of a Community Center to include lounge, kitchen and meeting room and outside barbecue area with grassed parking, Tracking #20-01-CFD, Ordinance 2001-19, with the following: changing "open" to "available", and changing "12:00 a.m." to "midnight".

PETITION PH#10-01-3 - ROY & PATRICIA FIGG - JOHN & WINIFRED KENNEDY

A TO AR - TRACKING #21-01-Z

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for rezoning from A (Agriculture) to AR (Agriculture Residential) on 26 acres to do some two acre tracts and stated that the request is compatible with the area, and staff is recommending approval of the request.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#10-01-3, Roy and Patricia Figg and John and Winifred Kennedy, the request for rezoning from A (Agriculture) to AR (Agriculture Residential), Tracking #21-01-Z, Ordinance 2001-20.

PETITION PH#1-01-4 - MARJORIE FERN LAROE, CAT PROTECTION SOCIETY

RP TO CFD - TRACKING #1-01-Z/CFD

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for rezoning from RP (Residential Professional) to CFD (Community Facility District) for the operation of a humane-type animal shelter for cats, on a little over six acres in the Eustis area and stated that staff is recommending approval of the request. Ms. Farrell explained that staff is providing for a 100 foot setback from all property lines and right-of-way lines, and there is a request for a landscape buffer type "C" basically around the compound, but looking at the aerial, there is a lot of vegetation existing on the site, so staff will work with the applicant to meet that Code. There has been no concerns, and this particular service is provided on another site in Lake County, and there have been no issues with it.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

Commr. Hanson stated that the request was in her district, and she has no problem with it.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case PH#1-01-4, Marjorie Fern LaRoe, Cat Protection Shelter, a request for rezoning from RP (Residential Professional) to CFD (Community Facility District) for operation of a humane-type animal shelter for cats, Tracking #0-10-Z/CFD, Ordinance 2001-21.

PETITION CUP#01/1/2-3 - IRENE T. LAZZERI - CUP IN LM

TRACKING #11-01-CUP

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for rezoning for CUP in LM (Light Industrial) to allow keeping of a mobile home on site for use as a caretaker's residence on site with an existing bar and stated that it involves five acres known as "Irene's". Ms. Farrell explained that staff is cleaning up some property descriptions, and there is a mobile home on the site, which came through as a Code Enforcement request to recognize that she does have a caretaker's unit on the property. She stated that there are no concerns from staff, the Planning and Zoning Commission approved it 10 to 0, and there is no opposition.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Case CUP#01/1/2-3, Irene T. Lazzeri, request for rezoning for CUP in LM (Light Industrial) to allow keeping of a mobile home on site for use as a caretaker's residence on site with an existing bar, Tracking #11-01-CUP, Ordinance 2001-22.

PETITION #12-01-2 - SUE CLARK SMITH, ESTATE OF EDWIN CLARK

LINDA BEAL, CLERMONT REALTY - TRACKING #22-01-CP

Ms. Sharon Farrell, Senior Director of Growth Management, explained the request for rezoning from C-1 (Neighborhood Commercial) to CP (Planned Commercial) to allow for a towing service and stated that a towing service did not fall under the C-1 uses, and this particular request does meet commercial locational criteria at US 27 and SR 19. In the proposed Ordinance, as suggested by the Planning and Zoning Commission, staff added the CP for a towing service, but also left the property owner with the C-1 uses, and staff is recommending approval of the request.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. It was noted that the applicant was present.

There being no opposition to the request and no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Planning and Zoning Commission and approved Case #12-01-2, Sue Clark Smith, Estate of Edwin Clark, Linda Beal, Clermont Realty, the request for rezoning from C-1 (Neighborhood Commercial) to CP (Planned Commercial) to allow for towing service, Tracking #22-01-CP, Ordinance 2001-23.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BIDS/PUBLIC WORKS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request for approval to proceed with the bidding for design and construction of four stormwater management systems and stated that there have been questions, so he would review each one with the Board. The first project he discussed was Old Highway 441 and Lake Dora, and Mr. Stivender noted that there is a 1983 lawsuit associated with this drainage and trying to maintain this system. Mr. Stivender stated that the project is already designed and ready to go out to bid. The estimated cost is $85,000. Mr. Stivender noted that staff looked at projects where there were already easements in place. The second project he reviewed was County Road 466B (Lake Unity Road) at Lake Griffin Isles. Mr. Stivender explained that there are two deep swales on each side of the road, and all of the water north and south flows into the swales, and it flows right off of the road into the lake. The third project was U.S. Highway 441 and Lake Gertrude and Mr. Stivender explained that the State has already designed this as part of its six-laning of Highway 441, and at staff's request, about three years ago, the State advanced purchased a water retention area in this particular area, however, the water is still directly discharging into pipe and into Lake Gertrude. He stated that staff has already worked with the consultant that is working for the Department of Transportation (DOT) on this project, and whenever DOT begins its project of six-laning this segment, the County will get reimbursed for those dollars. He noted that advanced funding has been received to address particular dangers. Mr. Stivender addressed the fourth project, County Road 561A and Lake Minneola, and stated all of the docks shown in the backup are probably 100 feet from the water line. He explained that the proposal is to attenuate stormwater flow in conveyance ditches and allow for increased percolation. Mr. Stivender stated that these are small projects, and staff will get quotes from local firms for quick designs, and put them out to bid. He noted that two of the systems are design and build.

Commr. Pool stated that he appreciated the County Manager and staff recognizing some of their concerns, as a Board, and he was glad to see the Water Authority present today, and hopefully they were in agreement to what was being proposed. He stated that he was looking forward to an opportunity to negotiate with them, in a partnership, as he has mentioned before. He stated that bonding is a great idea, and there is still a lot to be done, and a lot that can be done. Commr. Pool felt that this should be a retreat of its own, or a workshop, with the Water Authority and the County Commission, to sit down and discuss some of the future plans and how to work together on these types of issues.

Mr. Stivender stated that bids will be done quickly on Lake Gertrude, and there are still some issues to be worked out about modifying the design for Lake Gertrude and Highway 441. They will begin the other two projects sometime in the summer.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request to proceed with the bidding for design and construction of four stormwater management systems in Lake county, at an estimated cost of $295,000.00.

CONTRACTS, LEASES & AGREEMENTS/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the Developer's Agreement for the Huffstetler Road Project ,Tab 26, and noted that Tab 27 is a request to advertise for bids for the same project. Mr. Stivender stated that staff has been working on this project for some time, and they have been negotiating for this water retention area, however, the price that was negotiated was 20% above the County's estimate, and he wanted to bring this to the Board's attention. He stated that staff feels this is an acceptable price, because of the area they are working in.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request and execution of a Developer's Agreement for the Huffstetler Road Project between Lake County and Peregrine Properties, Inc.

ACCOUNTS ALLOWED/BIDS/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Works, explained that this request involves David Walker Drive to Kurt Street, which is east of the hospital, and staff is still working on issues from Walker west to the hospital.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request and authorization to advertise for bids for the Huffstetler Road Phase 1 Construction Project No. 2001-09, at an estimated cost of $750,000.00 from the Impact Fee Fund. Commissioner District 3, Benefit District 2.

ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS

Mr. Jim Stivender, Senior Director of Public Works, addressed the Board and stated that Lakeshore Drive has been on and off of the County's program for the past seven or eight years, and they have been working with property owners' groups, who have been involved in the design process. Mr. Stivender stated that a consultant has basically completed a design of a roadway from Tavares to Mount Dora, with 24 feet of pavement, stormwater completion, and drainage issues put together. However, there has been a substantial grounds group against the project. So staff has looked at segments of the roadway that truly need help right now, either because of safety concerns, drainage, or other concerns. Staff met with the group in December, 2000, and discussed a curve that has a lot of crash data, and it appears to be the most significant location. He stated that, instead of doing 24 feet of pavement, staff is proposing 20 feet from one side to the other, with a ribbon curve with 19 feet of pavement. For clarification, he stated that it is actually 20 feet, 4 inches, and the people are aware of this number. Mr. Stivender stated that their intention is to fix the drainage in this location, put the super elevation especially in the east bound lane, and build up the outside lane. There is standing water in the inside lane, so staff will swale the inside and get the water off of the road. Mr. Stivender stated that this involves about one-quarter mile, 1,000 feet, and the estimated cost is $70,000.00. Staff's plan is to use gas tax money, not impact fees, and it will also be considered a safety project, because of the crash data.

Commr. Cadwell stated that, if the County keeps piecemealing this road, none of it is going to qualify for impact fee dollars.

Commr. Stivender stated that the large group of people in this area were aware that this issue was on the agenda today. She stated that she and staff met with them, and the meeting was to show the property owners that they are not encroaching on their trees, and that they are actually fixing the road for those who live there.

Mr. Stivender stated that the objective of staff has always been that an 18 foot road in this area is not wide enough, and the proposal being made today will make it better for everyone including the pedestrians and bicyclists. He noted that staff is planning on putting a 30 day time limit on the contractor, and this segment of road will be closed for 30 days.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request and authorization to advertise for bids for Lakeshore Drive (CR-452) "Part" Improvement Project No. 2001-11 at an estimated cost of $70,000.00 from the Transportation Trust Fund - Commission District 3.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the following appointments and reappointments of individuals to the Industrial Development Authority:

Scott Strong - Lake County School Board - appointment

Keith Mullins - Lake county League of Cities - reappointment

Robert Westrick - Lake Sumter Community College - reappointment

Thomas Bacsik - reappointment

Margo Odom - reappointment

Glenn Tyre - reappointment

Gregory Nelson - appointment

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the appointment of Joseph Murray as One Stop Career Center's representative on the Transportation Disadvantaged Coordinating Board.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve the following appointment of individuals to vacant positions on the Bicycle/Pedestrian Advisory Committee:

Jason Stringfellow - District 2

Peter Carrozza - District 3

Nathan Olds - District 3

Ken LaRoe - District 4

Under discussion, Commr. Hill requested an explanation of how this is not a duplication of other service boards that are already in place, such as Rails to Trails.

Mr. Jim Stivender, Senior Director of Public Works, explained that Bicycle/Pedestrian is part of the urban services, and as the County becomes an emerging Metropolitan Planning Organization (MPO), this is something that is actually handled as a community project, such as mass transit and other issues. The name Bicycle/Pedestrian is a standard name throughout the nation. He stated that this committee addresses a multitude of issues associated with pedestrians and bicycles, with more to do with safety and transportation.

Commr. Hanson stated that there could be some duplication, as in most of all of these committees, but this group also works strongly in promoting Rails to Trails.

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

Mr. Sandy Minkoff, County Attorney, stated that the record needs to show those four positions being for full terms, which leaves a partial term vacant.

REPORTS - COUNTY ATTORNEY

ANIMAL CONTROL/RESOLUTIONS

Mr. Sandy Minkoff, County Attorney, stated that staff is requesting that the Board approve the new form of citation for Animal Control. Mr. Minkoff stated that the citation has been slightly changed to comply both with the County Ordinance and the Statute.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Resolution 2001-38 adopting revised Animal Control Citation.

COUNTY ATTORNEY

Mr. Sandy Minkoff, County Attorney, stated that, from time to time, there are people who ask to have a Special Master proceeding. Mr. Minkoff stated that staff maintains a list of attorneys, or realtors, who have asked to serve as those. In the past, once staff has randomly chosen one of those people, an agreement is brought to the Board for approval. He stated that approval of this request would authorize the County Manager to sign those agreements, so that they would not have to be brought through on the agenda. He noted that this is only for the Special Masters themselves, not the Settlement Agreements.

Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to approve the request to allow the County Manager to sign agreements with Special Masters, as they arise.

Under discussion, Commr. Hill questioned what the qualifications were for the Special Master, because she noted that most of the individuals were attorneys, except for two of them.

Mr. Minkoff explained that the Statute says an attorney, or realtor, so staff has gone to both the Bar Association and the Board of Realtors and asked for volunteers.

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

REPORTS - COUNTY MANAGER

APPOINTMENTS-RESIGNATIONS/HEALTH DEPARTMENT

RESOLUTIONS/STATE AGENCIES

Ms. Sue Whittle, County Manager, stated that the County has been working very closely over the last few months with the Florida Department of Health in the selection of a new administrator for the Lake County Public Health Department. The Department of Health determined that an administrator would be helpful to the Lake County Health Department, and through a recruitment process, with Commr. Hanson and herself serving on the Interview Committee, they unanimously selected Mr. Roger Amon for the position as Administrator. Ms. Whittle stated that Mr. Amon has been through all of the required confirmation at the State level through the Governor's Office and has agreed to come as the next administrator. Under the requirements of the law, the Board must approve his appointment by Resolution, which Ms. Whittle was recommending to the Board today.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request by the Florida Department of Health to appoint Roger Amon to the position of Administrator of the Lake County Public Health Department and approval of Resolution 2001-39.

Ms. Whittle noted that Mr. Amon comes from Kentucky and he has been for many years the Deputy Director of the Jefferson County Department of Health.

REPORTS - COMMISSIONER HILL - DISTRICT #1

MUNICIPALITIES

Commr. Hill informed the Board that the City of Leesburg had its Mardi Gras celebration this past weekend, and it was a very big success. She extended her appreciation to Commr. Stivender and Commr. Cadwell for their participation in the event.

REPORTS - COMMISSIONER POOL - DISTRICT #2

MUNICIPALITIES

Commr. Pool extended his appreciation to the City of Eustis for their very successful celebration of Washington's Birthday, and for the invitation to the parade.

WATER RESOURCES/COUNTIES

Commr. Pool explained that he would be presenting to one of the editors of the Sentinel, who writes the Editorial Opinion Page, information about Lake County and Orange County working very closely with all of the cities in the basin, on a plan for Lake Apopka. He stated that Lake County, in partnership with the counties and cities, is working very closely on a planning initiative, which is basin wide.

REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

RESOLUTIONS

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request and execution of Proclamation 2001-40 designating March 2001 as National Women's History Month to recognize and celebrate the many contributions of America's women.

RESOLUTIONS

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request and execution of Resolution 2001-41 supporting the St. Johns River Celebration on March 17, 2001.

COMMUNITY SERVICES

Commr. Stivender brought forth the letter from Mr. Henri LaRue, Lady Lake, which indicated that Lake County had discontinued its mini-bus service from taking a number of people to and from the Lake County Senior Center, for lunch. She stated that this has to do with the Transportation Disadvantaged busses and routes, and she has asked Mr. Fletcher Smith, Senior Director of Community Services, and Mr. Jim Stivender, Senior Director of Public Works, to check into this to find out how many people are actually not receiving the service now, since the County has cut back, because of the trip costs, and to get information back with her.

Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that, in terms of the total number of trips that are going to be eliminated, because of the Mid-Florida Community Services' shortage in funding, which is about $12,000, it will cause about a 44% decrease from what they provided last year. In order to provide the same level of service that they did in previous years, they need an additional $114,000 to make up the difference.

Commr. Hanson stated that her big problem is that Mid-Florida Community Services did not come to the Board and let them know about the funding that they needed. She stated that there is no communication, and that is one reason that the Board has pushed for the elderly representation and advisory committee, because there is no connection between the people that provide these services and the local government. She stated that the County gets the criticism and is unable to react, because it is not given a forewarning of the problems. Commr. Hanson stated that the County needs some accountability and someone to come to the Board to discuss the projected funding, and therefore, someone needs to come to the Board and make a presentation.

Mr. Smith stated that, during their budgeting process, when Mid-Florida Community Services submits their response to receive these funds, they have the flexibility to decide what services they are going to provide and how much they are going to allocate to these services, and to try and anticipate any kind of cost increase. The cost went from $4.91 a trip to $9.50 a trip.

Commr. Hanson stated that she will be working with Ms. Sue Whittle, County Manager, to get with whoever is responsible to make a presentation in behalf of Mid-Florida Community Services, or to give the Board a letter. She felt that they should be here to make a presentation to this Board.

Ms. Sue Whittle, County Manager, stated that staff will work on this item.

CODE ENFORCEMENT/MISCELLANEOUS

Commr. Stivender stated that she was not aware that the agenda today did not have a place for public comment. She stated that there is a gentleman in the audience who has spoken to several of the Commissioners about his problem, and she had no solution for it, so she suggested that he come today and explain it to them.

Mr. Larry Tornow, Pine Island Drive, Harbor Shores, addressed the Board and stated that he has a custom made RV tow truck, which does not conform with the County's regulations for parking in residential areas. Mr. Tornow stated that he took some pictures to compare it to a pickup truck, and also to an over-the-road truck.

It was noted that there is an ongoing Code Enforcement case.

Commr. Stivender explained that the County Ordinance only applies to weight limit, in terms of vehicles.

Mr. Sandy Minkoff, County Attorney, stated that the County adopted the State Classification of Vehicles.

Commr. Hanson stated that she talked to staff about looking into this issue, because if it is actually a vehicle that is used to pull a recreational vehicle, then possibly the County needs a special allowance. She stated that, because it is an active Code Enforcement case, the Board cannot, and should not, talk about the case.

Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that the language addresses hauling or towing capacity, and if there is question, staff will actually go to a local dealership and collect the information, gross vehicle weight and towing capacity, and if it trips that, it is basically a prohibited use. She explained that this is too similar to the complaints they have had with semis and tractor-trailers, and the Board has an Ordinance coming to them next Tuesday for consideration.

Mr. Minkoff stated that staff can look at perhaps approaching the issue in a variance method, as opposed to changing the Code, or it may be that staff can look at changing the Code.

Commr. Stivender asked staff to look at other places that have a large population of transients and see how they handle them.

Mr. Minkoff explained that the County does not prohibit commercial vehicles in residential zones, if they meet the weight limitations, but if they went to commercial, they would be creating a whole new issue with people.

It was noted that Mr. Tornow presented pictures of his vehicle, and the Board directed him to meet with Ms. Farrell, if he had further questions.

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Linda Gail James to the Citizens' Commission for Children.

COMMITTEES/HOSPITALS-AMBULANCES

Commr. Cadwell informed the Board that the Lake Sumter EMS Inc. Board of Directors meeting was held yesterday, and the County, Leesburg and Clermont have officially requested that the EMS Board make a recommendation to the Board of County Commissioners for a Certificate of Need for ALS service. The EMS Board has instructed them to develop a formal agreement, to come back to the Board of Directors in April, and then it will go to the Board of County Commissioners some time at the end of April or the first part of May.

ADDENDUM NO. 1

REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #1

OTHER COUNTIES/LAWS-LEGISLATION

Commr. Hanson directed the Board's attention to the item pertaining to the "Florida Collaboration for Youth Policy Statement and Recommendation" and noted that it was a time sensitive issue.

Commr. Cadwell stated that he attended the conference on behalf of the Florida Association of Counties, and he feels this is a start for everyone to be at the table. He hoped that the Board would support moving forward with this issue.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to forward the "Organizational Agreement to Support" to the Florida Collaboration for Youth.

OTHER MEETINGS/COMMISSIONERS/MUNICIPALITIES

Commr. Hanson reported that the JPA Forum meeting at Lake Sumter Community College on Friday went very well, and she feels that they are going in the right direction.

Commr. Cadwell noted that the sub-committee will meet sometime in the second week of March.

Ms. Sue Whittle, County Manager, noted that staff is working to schedule both the workshop for the Board, and the 90 day follow-up meeting with deHaven-Smith & Associates.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 10:30 a.m.

CATHERINE C. HANSON, CHAIRMAN

ATTEST:

JAMES C. WATKINS, CLERK

TMR/BOARDMIN/2-27-01/3-5-01