A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 17, 2001

The Lake County Board of County Commissioners met in regular session on Tuesday, April 17, 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; Debbie Stivender; Jennifer Hill; and Welton G. Cadwell. Others present were: Sandy Minkoff, Acting County Manager; Valerie Fuchs, Assistant County Attorney, County Attorney's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Mr. Sandy Minkoff, Acting County Manager, informed the Board that there was a published Addendum No. 1 to the Agenda. He informed the Board that the presentations pertaining to Strategic Communications and United Arts of Central Florida, scheduled to be heard at 9:00 a.m., would not be heard this date. He stated that the United Arts presentation has been rescheduled for May 15, 2001, and the Strategic Communications presentation will be brought back to the Board at a later date. He requested that Tab 32, a request for discussion regarding a funding source, in order to advertise for bids for the CR 445A Widening and Resurfacing Project, at an estimated cost of $494,200.00; and Tab 33, a request for discussion regarding a funding source, in order to advertise for bids for the East Dewey Robbins Road (2/3-2729) Phase II Paving Project, at an estimated cost of $378,000.00; a funding source, in order to complete the engineering and design for the South Dewey Robbins Road (2/3-2625) Phase III Paving Project; and the Dewey Robbins Road (2/3-2824) Phase IV Paving Project, at an estimated cost of $50,813.00, under the County Manager's Departmental Business, be pulled from the Agenda, noting that they will be rescheduled at a later date.

INTRODUCTION OF VISITOR

Commr. Cadwell introduced Ms. Paula Zahn, Vice President, Sun Trust Bank, in Clermont, to those present, noting that she was serving her internship with the Board for Leadership Lake County.



MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 23, 2001 (Regular Meeting), as presented.

Regarding the Minutes of February 16, 2001 (Special Meeting - Fiscal Retreat), the following was requested:

On Page 9, Line 20, change Harbor Hills to Pine Lakes.

On Page 10, Line 26, change Water Authority to Harbor Hills Water Department.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 16, 2001 (Special Meeting - Fiscal Retreat), as corrected.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of March 20, 2001 (Regular Meeting), as presented.

CLERK OF COURTS' CONSENT AGENDA

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

Bonds - Contractor



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



New



5636-01 Kevin Kruger d/b/a M. C. Electric

5715-01 Robert C. Dietz (General)

5830-01 Thomas P. Devine d/b/a Devine Fire and Sound

5831-01 Jack Feitsma d/b/a Masonry Works, Inc.



Cancellation



5686-99 David Hardenbrook d/b/a Affordable Electric, Inc.



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.



Accounts Allowed/Clerk/Deeds



Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $6,127.64.



Audits/Water Authority



Request to acknowledge receipt of Annual Financial Audit for 1999/2000 and Annual Financial Report for the Lake County Water Authority.



Reports/Southwest Florida Water Management District/State Agencies



Request to acknowledge receipt of Comprehensive Annual Financial Report of the Southwest Florida Water Management District for fiscal year ended September 30, 2000.



Audits/St. Johns River Water Management District/State Agencies



Annual Financial Audit for 1999/2000, as prepared by the CPA firm of Deloitte & Touche and accepted by the St. Johns River Water Management District Governing Board on March 14, 2001, which covered a 12 month period that ended September 30, 2000.



Ordinances/Municipalities



Request to acknowledge receipt of Ordinance No. 2001-04, from the Town of Lady Lake, providing for local implementation of the water shortage plan of the St. Johns River Water Management District; providing definitions; providing for enforcement and penalties; providing for codification; repealing any inconsistent provisions; providing for severability; providing for emergency adoption; and providing an effective date. Passed and duly adopted by the Town Commission of the Town of Lady Lake, Florida, on February 23, 2001.



COUNTY MANAGER'S CONSENT AGENDA

Mr. Sandy Minkoff, Acting County Manager, requested that Item No. 1, under Tab 6, County Manager's Consent Agenda, be pulled, noting that it was contingent upon some other requests before the Board this date. He stated that staff would like to see what action the Board will take on the other requests, before placing this item on the Agenda, for approval. He requested that Tab 10, a request from Human Resources for approval of the addition of one Support Services Technician and six Firefighter/EMT positions, in the Department of Emergency Services, Fire/Rescue Division; Tab 11, a request from Human Resources for approval to hire a Help Desk/Computer Technician and a Network Administrator for the Information Technology Division; and Tab 12, a request from Human Resources for approval of a new Office Associate III (part-time), in the Department of Facilities and Capital Improvements, Capital Improvements Division, under the County Manager's Consent Agenda, be pulled and discussed separately; and that Tab 9, a request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award RFP No. 01-016, encumber funds, and authorize a contract, subject to County Attorney approval, to Nabors, Giblin & Nickerson, P.A., to provide impact fee studies, in the amount of $164,500.00, be pulled from the County Manager's Consent Agenda and rescheduled for May 1, 2001.

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

Accounts Allowed/Community Services/Contracts, Leases and Agreements



Request from Community Services for approval and execution of amendments to the Agreement between Lake County and Childhood Development Services, Inc., Lake County, and the Lake-Sumter Children's Advocacy Center; and request for permission to encumber $2,500.00 in additional funds for each, for a total of $5,000.00.





Community Services/Contracts, Leases and Agreements/Municipalities



Request from Community Services for approval and execution of amendments to the Agreement between Lake County and the Boys and Girls Clubs of Lake and Sumter Counties, and Lake County and the First United Methodist Church of Umatilla.



Community Services/Libraries



Request from Community Services for approval to hold the Lake County Library System Fourth Annual Information Fair at the Lake Square Mall on Saturday, April 28, 2001; and approval to sign the permit application, as required.



Accounts Allowed/Budgets/Budget Transfers/Fiscal and Administrative Services- Budget



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



Budget transfer, in the amount of $92,410.00, from Special Reserve to Public Works, Professional Services. Funds are needed from Special Reserve to Professional Services, for Lake Griffin engineering contract, approved by the Board of County Commissioners on March 20, 2001.



Budget transfer, in the amount of $10,00000, from Contingency - Sheriff to Constitutional Offices/Sheriff, Law Enforcement Operating. Pursuant to F.S. 30.49, the Sheriff is requesting a transfer.



Budget transfer, in the amount of $144,304.00, from Contingency, and $58,513.00 from Jail Maintenance/Buildings to Facilities and Capital Improvements, Repair and Maintenance, in the amount of $202,817.00. Funds are needed to do the caulking of the Main Jail, the Administration Building, and the Judicial Center. Amount budgeted in Jail Maintenance for caulking will be moved to Repair and Maintenance. Additional amount is needed for the lowest acceptable bid. There will be one contract for all three buildings.



Budget transfer, in the amount of $187,000.00, from Buildings to Facilities and Capital Improvements, Buildings. Funds are needed for the purchase of a building and property in Groveland for a new library.



Accounts Allowed/Fiscal and Administrative Services-Procurement Services

Community Services/Contracts, Leases and Agreements



Request from Fiscal and Administrative Services - Procurement Services, for approval and execution of a Lease Agreement with W.N.P., Inc., for additional storage space for the Records Management Division of Community Services, in the amount of $90.00 per month.



Accounts Allowed/Bids/Fiscal and Administrative Services-Procurement Services

Contracts, Leases and Agreements/County Property



Request from Fiscal and Administrative Services - Procurement Services, for approval and authorization to award Bid No. 01-004, encumber funds, and authorize a contract, subject to County Attorney approval, to Service Painting Corporation, for the Multiple Building Sealant Replacement Project, in the amount of $307,529.00.



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



Request from Public Works for approval of Resolution No. 2001-67, authorizing the posting of a "STOP" sign on Edwards Road (5-7009), in the Lady Lake area.



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



Request from Public Works for approval of Resolution No. 2001-68, authorizing speed limit changes on CR 48, in the Okahumpka area.



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



Request from Public Works for approval to accept the following:



Non-Exclusive Easement Deeds



Leonard W. Wheeler, Jr. and Eleanor M. Wheeler

Kurt Street (3-4759)



Tommy G. Williams and Barbara Y. Williams

Kurt Street (3-4759)



Statutory Quitclaim Deeds



Stephen C. Oberdick and Elizabeth Ann Oberdick

Central Avenue



Richard L. Neff and Karel Evangeline Neff

South Boulevard



Statutory Warranty Deed



Lost Lake Reserve, L.C., a Florida Corporation

Johns Lake Road Extension



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



Request from Public Works for approval to award U.S. 441/CR 44B/Donnelly Street Intersection Improvements Project No. 2001-05, Bid No. 01-045, to Gray Materials and Contracting; and to encumber and expend funds, in the amount of $629,229.00, from the Impact Fee Fund - Commission District 4, Benefit District 2.



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

Roads-County and State/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit, for Performance, in the amount of $400,542.81; accept a Letter of Credit, for Maintenance, in the amount of $37,020.00; accept a Developer's Agreement, for Maintenance of Improvements between Lake County and Canam Palisades, Ltd.; and execute Resolution No. 2001-69, accepting the following roads into the County Road Maintenance System: Champions Court

(CR2-1636), Crystal Cove (CR2-1636A), and Spring Lake Drive "Part" (CR2-1835), all relating to Palisades Phase 2-A subdivision, which consists of 45 lots - Commission District 2.



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

Roads-County and State/Subdivisions



Request from Public Works for approval and authorization to release a Letter of Credit, for Performance, in the amount of $93,604.50; accept a Letter of Credit, for Maintenance, in the amount of $38,423.00; accept a Developer's Agreement for Maintenance of Improvements between Lake County and Canam Palisades, Ltd.; and execute Resolution No. 2001-70, accepting the following roads into the County Road Maintenance System: Masters Drive "Part" (CR2-1836) and Tall Grass Lane "Part" (CR2-1836A), all relating to Palisades Phase 2-B subdivision, which consists of 40 lots - Commission District 2.



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



Request from Public Works for approval to award CR 42 Paved Shoulder Improvement Project No. 2001-08, Bid No. 01-047, to Art Walker Construction, Inc.; and to encumber and expend funds, in the amount of $754,147.45, from the Transportation Trust Fund (LAP Project) - Commission District 4.



Contracts, Leases and Agreements/Public Works



Request from Public Works for approval and signatures on the Amendment to DEP Contract No. AP176, due to a tolerance to fluridone herbicide for hydrilla in some Florida public waters.



Public Works/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Clear Creek, Phase One, First Amendment.



Municipalities/Resolutions/Solid Waste



Request from Solid Waste for approval of Proclamation No. 2001-71, designating the City of Eustis as the Municipal Recycler of the Year.



Resolutions/Solid Waste



Request from Solid Waste for approval of the following Proclamations:



Proclamation No. 2001-72,designating Tavares High School as the High School Recycler of the Year.



Proclamation No. 2001-73, designating Mount Dora Middle School as the Middle School Recycler of the Year.



Proclamation No.2001-74, designating Round Lake Elementary School as the Elementary School Recycler of the Year.



COUNTY ATTORNEY/COUNTY MANAGER



The Chairman welcomed Mr. Sandy Minkoff, County Attorney, as the County's Acting County Manager, during the interim period of locating and hiring a new County Manager, noting that she feels he will do an outstanding job as the County seeks a new County Manager and that she feels he will work very well with the County's current staff and keep the status quo within the County organization.

PUBLIC HEARING

ORDINANCE CREATING CHAPTER 18, LAKE COUNTY CODE, ENTITLED

VACATION OF PLATTED EASEMENTS

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE VII, CHAPTER 18, LAKE COUNTY CODE, TO BE ENTITLED VACATION OF PLATTED EASEMENTS; PROVIDING FOR AN ADMINISTRATIVE PROCESS IN WHICH DEVELOPERS OR INDIVIDUAL PROPERTY OWNERS MAY REQUEST THE BOARD O F COUNTY COMMISSIONERS TO VACATE DRAINAGE AND UTILITY EASEMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Ms. Fuchs informed the Board that they had been provided with a change in the proposed Ordinance, with regard to Section 18-120 - Standards for Review, noting that the language contained in subsection (a) was deleted and new language was provided. She stated that some language had been changed in Subsection (g), as well, noting that Board of County Commissioners was deleted and replaced with County Manager or designee.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 2001-64,creating Chapter 18, Lake County Code, entitled Vacation of Platted Easements.

PUBLIC HEARING

ORDINANCE CREATING THE LAKE COUNTY PALATLAKAHA ENVIRONMENTAL AND AGRICULTURAL RESERVE (PEAR) ADVISORY COMMITTEE

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING THE LAKE COUNTY PALATLAKAHA ENVIRONMENTAL AND AGRICULTURAL RESERVE ADVISORY COMMITTEE; PROVIDING FOR A TITLE; PROVIDING FOR A PURPOSE; PROVIDING FOR DUTIES; PROVIDING FOR MEMBERSHIP; PROVIDING FOR PROCEDURES; PROVIDING A SUNSET (DURATION) PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Commr. Cadwell clarified the fact that the language contained in this Ordinance will allow the Board to appoint two individuals of their choice to the PEAR Advisory Committee, rather than having to appoint an individual from a particular committee or organization to it, and that a Commissioner may serve on said committee as a non-voting liaison member.

Commr. Hanson stated that she felt the Grand Opening of the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park that was held recently went very well, noting that the weather was perfect and there was ample representation from the community, as well as from the University of Florida. She stated that she feels the park has a lot of potential.

The Chairman opened the public hearing

No one was present in opposition to the request.

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

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 2001-65,creating the Lake County Palatlakaha Environmental and Agricultural Reserve (PEAR) Advisory Committee.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Roy Hunter, President, Northeast Lake County Chamber of Commerce, addressed the Board and distributed a handout containing a newspaper clipping from the Lake Sentinel, dated April 13, 2001, concerning the issue of a uniform trash fee that the County may soon enact, which he addressed, requesting the Board to reconsider approving said fee, as well as various articles in The Outpost, dated April 12, 2001, which he had circled, for the Board's perusal. He brought to the Board's attention the fact that Senate Bill 854, allowing contamination of the Florida aquifer by authorizing the use of aquifer storage and recovery wells, was before the Governor for approval and that he felt the Board should approve a Resolution requesting the Governor to veto said Bill, for the people of Lake County.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place the issue of Senate Bill 854, authorizing the use of aquifer storage and recovery wells, on today's Agenda, for discussion, as well as a request for approval of a Resolution regarding said matter.

It was noted that the issue would be postponed until later in the meeting, to allow staff to address some concerns the Board had regarding it.

Mr. Dana Toole, representing his father, Mr. Richard Toole, addressed the Board and discussed the issue of a 50 acre parcel of property that his family has owned for approximately 50 years, in the Groveland area. He stated that his family had met with Mr. Sandy Minkoff, County Attorney, and had reached a Settlement Agreement, which he noted was due to expire soon, with respect to obtaining an approval for the vesting of said parcel. He discussed, in detail, the issues involving said agreement and parcel of property, at which time he brought to the Board's attention several points that his family felt were important to the case and some of the financial aspects of the case.

It was determined that Mr. Toole and his family should meet once again with Mr. Minkoff, County Attorney; Ms. Sharon Farrell, Senior Director, Growth Management; and Commr. Pool, to try to resolve the issue involving the Toole family property.

Ms. Nancy Fullerton, President, Save Our Lakes Committee, addressed the Board and thanked them for writing a letter that she had requested be written to the State Senate, opposing two Bills that she felt would endanger the County's shorelines. She stated that she hoped the Board would keep in close communication with the Growth Management Department, in terms of county regulations regarding said issue.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BIDS/COUNTY BUILDINGS AND GROUNDS

FACILITIES AND CAPITAL IMPROVEMENTS

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request for approval to award a bid of $307,529.00, to caulk and seal the Judicial Center, the Jail, Prelude, and the County Administration Building, however, noted that it had been pointed out to him that the Board had already approved it, under Tab 8 of the County Manager's Consent Agenda, a request from Fiscal and Administrative Services - Budget; therefore, he did not feel it needed to be addressed again.

It was determined that no action was needed regarding this request.

ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS

LIBRARIES/MUNICIPALITIES

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request for approval to purchase property in Groveland, for a future library. He stated that the purchase price is $187,000.00, based on the appraised value, and the costs for renovations, to make the building suitable for occupancy, is estimated to be $125,000.00. He stated that the facility could be used as it presently is, or it could be expanded, if needed, in the future. He stated that staff was requesting approval of the request and authorization to start the renovation.

On a motion by Com mr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval to purchase property in Groveland, for a future Library, with a purchase price of $187,000.00 and a renovation estimate of $125,000.00.

PUBLIC HEARING

MID-YEAR BUDGET ADJUSTMENT

FISCAL AND ADMINISTRATIVE SERVICES - BUDGET

Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, addressed the Board and explained this request, stating that the Board had before them, for approval,

a Resolution to adopt a supplemental budget, pursuant to changes in audited cash balances forward and other revenues and expenditures, in the amount of $245,495,568.00.

Commr. Cadwell commended Ms. LaMarche and her staff for the way the budget was presented to the Board, noting that it was very easy to understand.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2001-75, approving the Mid-Year Budget Adjustment, in the amount of $245,495,568.00.

RECESS AND REASSEMBLY

At 10:10 a.m., the Chairman announced that the Board would recess for ten minutes.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)

GROWTH MANAGEMENT/ORDINANCES

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was a request for staff to be authorized to approve requests for temporary residences during construction, as well as mobile homes for the infirm. She stated that, since they are both temporary uses, staff feels comfortable with the language contained in the Board's backup material, which gives them authority to approve such requests and avoid delays and expenses involved with public hearings, for the County's residents. She stated that, during the past two years, the County approved 22 such requests, for the care of the infirm, even when there was opposition. She stated that staff will cover the same concerns and questions that they would with a rezoning request, but at the staff level, and, if the applicant cannot meet that test, they can apply for a variance, which will involve only a 30 day turnaround, as opposed to a 90 day turnaround for public hearings. She stated that, if there are any concerns from the neighbors, they will be voiced at the Board of Adjustment Meetings, rather than the Board of County Commissioner's Meetings.

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to advertise an Ordinance relating to proposed amendments to the Lake County Land Development Regulations, regarding temporary housing.

GRANTS/PUBLIC WORKS/ROADS-COUNTY AND STATE/ROAD PROJECTS

STATE AGENCIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for approval to submit two grant applications to the Florida Department of Transportation (FDOT) FY 2002/2003 County Incentive Grant Program. He stated that the first application is for Phase I of the CR 470/CR 48 construction project, and the second application is for the Hartwood Marsh Road PD&E study. He requested approval of said grants, noting that the funding would come from impact fees.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to submit two grant applications to the Florida Department of Transportation (FDOT) FY 2002/2003 County Incentive Grant Program, with the first application being for Phase I of the CR 470/CR 48 construction project, and the second application being for the Hartwood Marsh Road PD&E study.

It was noted that the County Incentive Grant Application deadline to FDOT is May 1, 2001.

CONTRACTS, LEASES AND AGREEMENTS/GRANTS/PUBLIC WORKS

ROADS-COUNTY AND STATE/ROAD PROJECTS/STATE AGENCIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that the grant pertaining to this request was approved and the County is now signing the Joint Participation Agreement with the State for the PD&E study and design work for the CR 470/CR 48 construction project, from the new Florida Turnpike access point to US 27. He stated that the cost of the PD&E study is approximately $275,000.00, with the State's portion being approximately $96,000.00 and the County's portion being approximately $178,000.00, which he noted will come from impact fees.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the County Incentive Grant Application for the CR 470/CR 48 construction project, from SR 91 (Florida Turnpike) to US 27; and supporting Resolution No. 2001-76, from the Lake County Board of County Commissioners.

GRANTS/PUBLIC WORKS/ROADS-COUNTY AND STATE/STATE AGENCIES

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for approval of another agreement that the State approved for a PD&E study for CR 44, from US 441 in Leesburg to SR 44 east of Eustis. He stated that the County's share will be $325,000.00, with the State's share being $175,000.00.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the County Incentive Grant Application for a PD&E study for CR 44, from US 441 (SR 500) in Leesburg to SR 44 east of Eustis; and supporting Resolution No. 2001-79, from the Lake County Board of County Commissioners.

RESOLUTIONS/SOLID WASTE

Mr. Bill Gilley, Senior Director, Solid Waste Management Services, addressed the Board and explained this request, stating that staff was proposing to change the Fee Schedule Resolution. He stated that the County currently charges $25.00 per ton for separated yard waste, which he noted is a practice that was started when the incinerator first became operational and there was an incentive to obtain as much waste as possible, to meet the County's contractual quota. He stated that the County is now meeting its quota; therefore, it is trying to divert its garbage. He stated that staff has recommended that the Board approve separate yard waste collection in the unincorporated areas of the County; therefore, they are requesting that the $25.00 per ton fee be eliminated.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Solid Waste for approval of Resolution No. 2001-80, amending the Fee Schedule for the Department of Solid Waste Management Services, due to operational changes in the management of yard trash.

COUNTY EMPLOYEES/EMERGENCY SERVICES/HUMAN RESOURCES

Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that he had requested that this item, as well as the following two items, be pulled from the County Manager's Consent Agenda and discussed separately, because they involved additional positions for the County.

Mr. Tad Stone, Senior Director, Emergency Services, addressed the Board and explained this request, stating that he had requested the following positions to help alleviate some of the work load that his department is experiencing in the northern part of the County. He stated that, in discussing the matter with Fiscal and Administrative Services, he discovered that the County's revenue stream is not exactly what he had anticipated; therefore, he was requesting that the six firefighter positions be pulled until a later date. He stated, however, that he was still requesting the one Support Services Technician. He stated that he would have originally been requesting the position next year, however, because of some personnel difficulties in the Animal Control Division, he needed to request the position at this time.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Human Resources for approval of the addition of one Support Services Technician, for the Department of Emergency Services, with a request for approval of six Firefighter/EMT positions in the Department of Emergency Services, Fire/Rescue Division, to be brought back to the Board at a later date.

COUNTY EMPLOYEES/HUMAN RESOURCES/FISCAL AND ADMINISTRATIVE SERVICES-INFORMATION TECHNOLOGY

Mr. Steve Earls, Director, Information Technology, addressed the Board and explained this request, stating that it was a request for approval to hire a Help Desk/Computer Technician and a Network Administrator for his office; however, he just wanted to address the Network Administrator position at this time, noting that the Help Desk/Computer Technician position would be addressed at a later date. He reviewed a handout that he had prepared, for the Board's perusal, explaining the need for a Network Administrator, at which time he noted that the vision for said individual is to provide the best in technology services and solutions to the Offices and Departments of the Board of County Commissioners, so that they may provide the best service to the citizens of Lake County. He discussed changes in the County's scope of services, over the past two years, noting that the number of servers being utilized has grown from 13 in 1998/99 to 30 in 2000/01, and the number of physical locations being served has grown from 3 in 1998/99 to 30 in 2000/01.

Mr. Earls stated that the Network Administrator's daily responsibilities will be as follows: user update administration; server backups and restores; operating system and virus updates; file and printing issues; security assignments; storage management needs; and preventive maintenance. He discussed some other projects that Information Technology is involved with, noting that they are currently implementing dial-up services, so that people who are away from the County on business, or at home, can call in and do their work from home; they are building a wireless network, so that they are extending the County's backbone, not just from Main Street, but to Solid Waste, up into the Astatula area, and other areas of the County via wireless technology; all departments currently share files and databases, so the County has a great need for one database that can be shared across the County, therefore, have implemented Oracle. He stated that part of the Network Administrator's job is to maintain the users of that database and the rights and privileges that go along with it. He stated that, in the near future, the Network Administrator will be bringing the Commissioner's faces to the desktops of county employees, noting that they will be able to view the Board of County Commissioner's Meetings in a window located at the top right hand corner of their monitors. He stated that there are several large servers that have been purchased, but not yet installed, due to the backlog of work for the Network Administrator.

Mr. Earls stated that a storage area network system and new firewalls need to be implemented within the County and additional data security measures need to be taken. He stated that the Supervisor of Elections has a desire and need to implement a new voter registration system and the Information Technology Division will be supporting that system. He noted that, previously, that support came from the Clerk of Courts. He stated that the Information Technology Division can hire temporary help, however, noted that the basic wage for someone with the proper job skills runs from $23.00 to $31.00 per hour, based on the amount of experience they have. He stated that staff feels, to hire temporary help, the County would be spending about the same amount of money, if not more, that it would be spending by funding the position from Contingency. He stated that staff was recommending that the Board hire a Network Administrator, at $35,000.00 per year, and that said position be funded from Contingency.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Human Resources for approval to hire a Network Administrator for the Information Technology Division.

COUNTY EMPLOYEES/FACILITIES AND CAPITAL IMPROVEMENTS

HUMAN RESOURCES

Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that the Parks and Recreation Division was originally formed under Public Works, which has a fairly large administrative staff, so it was able to give them a lot of backup and support. He stated that, historically, he has always had two administrative assistants in his office; however, when his department took over the Parks and Recreation Division, they relinquished one of those positions, because of the grant writing responsibilities for Parks and Recreation and the administrative requirements of said division; therefore, for the past few years, his office has been short one administrative assistant. He stated that he has only one Administrative Assistant that is not only responsible for assisting him and his office functions, but, in addition, provides administrative backup to the Budget and Office Manager, as well as to the Capital Improvements Manager.

It was noted that the Parks and Recreation Division has changed dramatically since Facilities and Capital Improvements took it over, as opposed to when it was under the Public Works Department.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Human Resources for approval of a new Office Associate III (part-time) in the Department of Facilities and Capital Improvements, Capital Improvements Division.

CITIZEN QUESTION AND COMMENT PERIOD (CONT'D.)

Mr. Russ Grundy, a resident of Emeralda Island, addressed the Board regarding a house that he claims has been allowed to be constructed on Emeralda Island Road without permits. He noted that it was a current Code Enforcement case, at which time the Board informed him that, due to that fact, the case could not be discussed at this time, however, suggested that he meet with the acting County Manager, Mr. Sandy Minkoff, to see what can be done to expedite the matter.

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

COUNTY EMPLOYEES/COUNTY MANAGER

Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that he and Ms. Lourdes Ramos, Human Resources Director, came up with a proposed advertisement for the County Manager's position, as well as a time frame for advertising the position. He requested approval of the advertisement and the time frame, as presented, noting that the Board can determine at a later date how they want to handle any resumes and applications that the County may receive, as well as the interview process. He stated that they chose the date of June 29, 2001 as the deadline date for applications to be submitted.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney/Acting County Manager for approval and authorization to advertise for the vacant County Manager position; and approval of the advertisement and time schedule for applications to be accepted.

REPORTS

COMMISSIONER POOL - DISTRICT 2

FAIRGROUNDS

Commr. Pool informed the Board that he would like to congratulate everyone that took part in the County's Fair this year. He stated that he feels the County needs a larger facility for its Fair, therefore, hopes the Board can discuss the matter at a future Board Retreat and decide what location may allow an expansion of the Fair, as the County now knows it.

REPORTS

COMMISSIONER POOL - DISTRICT 2

LAWS AND LEGISLATION/RESOLUTIONS/WATER RESOURCES

Commr. Pool informed the Board that, per the request of Mr. Roy Hunter, President, Northeast Lake County Chamber of Commerce, he had requested that the issue of approving a Resolution informing Governor Jeb Bush that the Board of County Commissioners objects to Senate Bill 854 and that they feel he should veto said Bill be put on this Agenda for action. He stated that he felt the Governor should be requested to veto the Bill, until such time as further study can be done, or until it can be proven to the Board that the process is acceptable and safe.

A motion was made by Commr. Pool and seconded by Commr. Stivender to approve Resolution No. 2001-78, informing the Governor that the Board of County Commissioners objects to Senate Bill 854 and that they feel he should veto said Bill.

Under discussion, Commr. Hanson stated that she did not feel the Board had adequate information regarding the matter, therefore, requested that Mr. Allan Hewitt, Water Resource Management, be asked to address the Board and answer any concerns they had about it.

Commr. Cadwell stated that the water management districts are supporting the legislation. He stated that, on the surface, it does not sound like something the Board would want to happen, however, noted that the scientists, the professionals, and the elected officials are saying that it works and is something that the State should do.

Commr. Pool stated that he has had numerous calls about the matter, noting that there is a concern about it in the community; therefore, he feels it would be prudent to do all the studying that is necessary to confirm that the process is safe. He stated that, if a mistake is made, it will be a very terrible mistake, because it involves the water that everyone consumes.

It was noted that the Board would postpone their vote on the matter and ask Mr. Hewitt to address concerns they had regarding it.



ADDENDUM NO. 1 (CONT'D.)

REPORTS

COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 1

ASSESSMENTS/LAWS AND LEGISLATION/WATER RESOURCES

Commr. Hanson stated that the Florida Legislature enacted a High-water Recharge Protection Tax Assessment Program in 1996, however, noted that Orange County is the only county in the State that has adopted an ordinance that allows for some monetary incentives (reduction in taxes) to those people who will contract with the County to reduce their taxes, by keeping land in recharge and out of development.

Mr. Sandy Minkoff, County Attorney, informed the Board that, in order to implement this program, the Board would have to create and approve an ordinance that would provide for the tax assessment reduction. He noted that it is specifically authorized by the Florida Statutes for counties to adopt the program.

Commr. Hanson questioned whether the Board was interested in looking into the matter and having it come back before them for action.

Commr. Cadwell stated that, on the surface, it seems that this may be a way for the County to get people to not develop certain areas, yet not take away their rights. He stated that he did not have a problem with putting it back on the Agenda, at a later date, however, noted that he would like to study the matter before acting on it.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place the issue of a High-water Recharge Protection Tax Assessment Program on a future Agenda, for discussion and action, along with a request for approval to advertise an Ordinance regarding said issue, based on the Ordinance that was enacted by Orange County, alluded to earlier by Commr. Hanson.

REPORTS

COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4

LAWS AND LEGISLATION/RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2001-77, opposing any legislation jeopardizing the implementation of Preservation 2000 and Florida Forever; and authorization for the Chairman to send letters to the Speaker of the House, President of the Senate, Governor of the State of Florida, and the Lake County Legislative Delegation expressing said opposition.

CITIZEN QUESTION AND COMMENT PERIOD (CONT'D.)

Mr. Allan Hewitt, Water Resource Management, addressed the Board regarding some concerns they had with respect to Senate Bill 854, alluded to by Mr. Roy Hunter, President, Northeast Lake County Chamber of Commerce, which he feels will allow the contamination of the Florida aquifer by authorizing the use of aquifer storage and recovery wells. He stated that the matter is drought related and will be addressed on a site-by-site basis, noting that most of the contaminated water is going to be injected deeper than the current drinking water from the aquifer. He stated that there are some problems involved with it, however, noted that staff has not yet had a chance to look into the matter, in depth. He stated that he does not feel it will have a great impact on Lake County, noting that it will more greatly impact other areas of the State, where they are having major problems, due to the recent drought. He noted that deep well injections have been going on for years.

The Chairman called for a vote on the motion to approve Resolution No. 2001-78, requesting Governor Jeb Bush to veto Senate Bill 854, authorizing the use of aquifer storage and recovery wells, which had been postponed earlier in the meeting, to allow Mr. Hewitt to address some concerns the Board had regarding the matter, which was carried unanimously, by a 5-0 vote.

RECESS AND REASSEMBLY

At 11:15 a.m., the Chairman announced that the Board would recess for a Closed Meeting, to discuss litigation involving Sugarloaf Mountain.

CLOSED MEETING

SUGARLOAF MOUNTAIN

SUITS AFFECTING THE COUNTY

The Chairman announced that the Board would be holding a Closed Meeting to discuss litigation involving Sugarloaf Mountain, which would be recorded by a Court Reporter, however, noted that everyone else who was present would have to leave the Meeting Room until further notice. She noted that the only people who would be present during the Closed Meeting would be the Board members, the County Attorney/Acting County Manager, and the Court Reporter.

RECESS AND REASSEMBLY

At 11:48 a.m., the Chairman reconvened the Board Meeting.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:50 a.m.







________________________________ CATHERINE C. HANSON, CHAIRMAN





ATTEST:







________________________________

JAMES C. WATKINS, CLERK



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