A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 29, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, March 29, 2005, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Welton G. Cadwell; Debbie Stivender; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE OF ALLEGIANCE

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

INTRODUCTIONS

Commr. Hill recognized Ms. Nadine Foley, Soil and Water Conservation Council; Ms. Nancy Fullerton, Lake County Water Authority; and Mr. Ted Wicks, Mayor, City of Tavares.

AGENDA UPDATE

Mr. Bill Neron, County Manager, stated that staff has presented the Board with Addendum No. 1, which has a discussion item under his business, and he would like to pull Tab 5 from the consent agenda pertaining to Road Vacation Petition Number 1046, by Lake Saunders Groves Land LLP, to be rescheduled for a later date.

Commr. Stivender informed the Board that a representative is present for Tab 5, and he did have some comments, but she feels that this item should be pulled, as stated by Mr. Neron.

Commr. Hill stated that she has two items to be placed under her business, and both will need Board approval; one item is regarding outside review; the other is regarding the proposed Impact Fee Bill that is going to the legislature.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to add the two items, as noted, to the agenda under Commr. Hill’s business.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 9, as follows, with the exception of Tab 5, which was pulled:

            FEMA Board/Local Recipient Organization

            Request from Community Service for approval to appoint Fletcher Smith, Director, Community Services Department, or an alternate designated by him to serve as Lake County Government's representative on the FEMA Board; appoint Jerry Smith with the Public Safety Department or an alternate designated by the Public Safety Director, as the representative from Public Safety; authorize the submission of a direct application for funding as a Local Recipient Organization or Fiscal Agent/Conduit for a Local Recipient Organization if directed by action of the FEMA Board; and authorize the Community Services Department to manage the program and prepare required plans, reports and other related documents as directed by the FEMA Board and/or required by FEMA.

 

            Equipment Acquisition Grant Contract/Department of Community Affairs

 

            Request from Public Safety for approval of the Equipment Acquisition Grant Contract between the State of Florida, Department of Community Affairs and Lake County, by the Lake County Board of County Commissioners for the period of July 1, 2004 through September 30, 2005.

 

            Assistance to Firefighters Grant

            Request from Public Safety for approval of the Assistance to Firefighters grant that is to be submitted by April 8, 2005, in the amount of $51,000.00 of which 70% ($34,000.00) will be federally funded and the remaining 30% ($17,000.00) will require a local cash match by Lake County; also approval that the Chairman be authorized to sign any other documents required for acceptance of the grant.

 

            Memorandum of Agreement/Participating Orlando UASI Agencies

            Request from Public Safety for approval of the Memorandum of Agreement for Participating Orlando Urban Areas Securities Initiative (UASI) Agencies by the Lake County Board of County Commissioners.

 

            Resolution – Vacation Petition Number 1047 – Permission to Advertise

            Amantha B. Musselwhite - Tavares/Lake Jem Area – Commission District 3

            Request from Public Works for approval and signature on Resolution 2005-31 to advertise Public Hearing for Vacation Petition Number 1047 by Amantha B. Musselwhite to vacate a Drainage and Utility Easement, in the Plat of Musselwhite Farms, located in Section 3, Township 20, Range 26, in the Tavares/Lake Jem area – Commission District 3.

 

            Resolution – Vacation Petition Number 1048 – Permission to Advertise

            Pennbrooke Fairways – Leesburg Area – Commission District 1

            Request from Public Works for approval and signature on Resolution 2005-32 to advertise Public Hearing for Vacation Petition Number 1048, by Pennbrooke Fairways, to vacate a portion of a Utility Easement in the Plat of Pennbrooke Fairways, Phase 1K, Units I and II, located in Section 19, Township 19, Range 24, in the Leesburg area – Commission District 1.

 

            Maintenance Map – Woodlea Road and Lane Park Road

            Request from Public Works for approval to accept a Maintenance Map for Woodlea Road (3840) and Lane Park Road (3637). (Rescheduled from March 15, 2005 BCC meeting.)

 

            Amendment to Interlocal Agreement/St. John’s River Water Management District

            Sleepy Hollow Road Realignment/Harris Bayou Project

            Request from Public Works for approval of the Amendment to the Interlocal Agreement between St. John's River Water Management District (SJRWMD) and Lake County to provide additional time to obtain right of way and construct the roadway and drainage improvements for the Sleepy Hollow Road Realignment as well as the SJRWMD Harris Bayou Project.

 

            PUBLIC HEARING –

 

            RESOLUTION – ROAD VACATION PETITION NUMBER 1046

            PERMISSION TO ADVERTISE – LAKE SAUNDERS GROVES LAND LLP

            CITY OF TAVARES – COMMISSION DISTRICT 3

            Commr. Stivender stated that yesterday a group of residents from this area came in to talk to her about Road Vacation Petition Number 1046, Lake Saunders Groves Land LLP, and they said that there had not been a meeting about this section of Merry Road, which they utilize as their access.  She talked to Ms. Dottie Keedy, City Administrator, City of Tavares, who stated that it would be okay with the City to postpone this item, so that they can have a public meeting with all of the residents along that road before they close it, because they have not approved the plats.  As District Commissioner, she would like to pull Tab 5, and reschedule the item for April.  Commr. Stivender noted that Ms. Wendy Taylor, Executive Office Manager, Board Office, is trying to schedule a meeting with County staff, City staff, the residents, and the developer.

            Mr. Jim Stivender, Director of Public Works, informed the Board that he has a map with him today, if they want to discuss it, but the Board members felt that, since they have pulled the item, there was no need to proceed today.  Mr. Stivender noted that the item would be rescheduled for April 26, 2005, as a request to advertise, and there will be a meeting with all parties before that meeting.

            Mr. Peter Monaghan, the engineer representing the developer of this project, addressed the Board and stated that they do not want to deny a public hearing on this issue.  Mr. Monaghan explained that, as a requirement of the Planned Unit Development (PUD), they can vacate the Merry Road right-of-way.  In addition, the right-of-way to the north, which the residents are referring to as their access, has been vacated, so they will have access to basically a cul-de-sac on the south end of that project.  They feel that the delay will cause undo hardship to the developer, because it is a critical path in the project.  He feels, as the engineer, that they have done everything possible to help with this process, and he would like the Board to reconsider pulling the item.  Mr. Monaghan stated that he would be happy to attend the public meeting to explain their plan.

            Commr. Stivender noted that the problem stems from the PUD, which is within the City of Tavares; it is not a PUD requirement from the County, and there needs to be better coordination between them before the Board closes an access.

            The Board discussed pulling the item versus postponing it until April, in order to avoid further delay in the process, and Commr. Stivender stated that the Board can proceed and approve to advertise it for April and, if they do no have the issues resolved by that time, they can postpone it.

            Commr. Cadwell asked that Mr. Managhan not misconstrue their desire to advertise today as the Board agreeing that it should be vacated, and Mr. Managhan stated that he appreciated the clarification, and he realizes there will be a public hearing.  Once again, he stated that he will be very happy to attend that meeting and explain their intent, as well as the meeting with all parties prior to that hearing.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for permission to advertise a Public Hearing for Vacation Petition Number 1046, by Lake Saunders Groves Land LLP, Chelsea Oaks LLC to vacate right of way and cease maintenance on a portion of Merry Road (Number 4455), in the plat of land of James M. Conner, located in Section 27, Township 19 South, Range 27 East, in the City of Tavares - Commission District 3, and signature on Resolution 2005-30, with the understanding that it does not indicate that the Board is vacating it; they are advertising it so that they can have a public meeting in the Tavares City Hall with the residents, the engineer, the City and the County prior to the public hearing before the Board.

            PRESENTATION –

            PROCLAMATION – COMMUNITY DEVELOPMENT WEEK 2005

            Ms. Liz Eginton, Community Development Grant Director, addressed the Board and stated that staff would like to present each of the Board members with a Community Development Block Grant poster.  She also asked Mr. Fletcher Smith, Director of Community Services, to come forward at which time a poster was presented to him.

            Commr. Hill read into the record Proclamation 2005-28, which was approved by the Board on March 15, 2005, declaring the Week of March 28 through April 3, 2005 as Community Development Week 2005.

            PUBLIC HEARINGS - VACATIONS

            ROAD VACATION PETITION NUMBER 1040 – CASCADES OF GROVELAND

            GROVELAND AREA –DISTRICT 2

            Mr. Jim Stivender, Director of Public Works, explained Road Vacation Petition Number 1040 by Cascades of Groveland, Representative Bowyer-Singleton Associations, Inc., to vacate right of way and cease maintenance on a portion of Libby Road Number 3, located in Sections 26, 27 and 34, Township 21 South, Range 25 East, in the Groveland area – Commission District 2.   Mr. Stivender stated that this is a very substantial road vacation associated with an existing County clay road, and the realignment is part of a subdivision that the Board has seen before them in the past, as shown on the map (backup).  He explained that the existing clay road, as shown in red, would be vacated, and the new dedication will be the yellow line, as part of the construction of the subdivision; it replaces it, based on the design of the subdivision.  The site is currently under construction and this public hearing would eliminate and cease maintenance, and any public rights-of-way, as shown in red, would not be closed until the dedication and construction of the yellow line.

            Commr. Pool stated that this will provide access for the residents throughout the area on the new road, once the old road is vacated and abandoned but no one will be denied opportunities to access the property during construction.

            Commr. Stivender clarified the ownership of the property located above and below the construction area and noted that the owners were notified of the hearing.

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Stivender stated that there were three phone calls in objection but no letters in favor or objection.

            Commr. Pool stated that, in January, he attended a public hearing on this and there were questions and answers and, for the most part, he believes the people understand that it will be a new and improved road in lieu of a clay road.

            Mr. Stivender noted that staff did address the letters received in opposition.

            Mr. Craig Langley, Broad & Cassel, addressed the Board and stated that he is here representing BLR/Libby Road LLC, which is the property owner to the north of the eastern most portion of the road to be vacated (two parcels).  Mr. Langley stated that they did provide a letter of objection yesterday that was faxed to Ms. Jan Goodman, Public Works Department, and hopefully that made it into the record and, if not, he can give them another copy today.  Basically there were a couple of things in the petition that seemed to be flawed on the face of it.  The petition itself claimed to be signed by the abutting property owners when, in fact, it was signed by the engineer who he believes represents the Cascades Development.  It also claims to be signed by all of the abutting property owners; his client is one of those owners, and he was not contacted to sign the petition, or represented by the engineer who did sign it.   He stated that there will be a significant amount of right-of-way abutting his clients’ property that is proposed to be vacated.  His clients will lose approximately 1,200 feet of road right-of-way on the southern boundary of their property, as a result of this vacation.  As far as their objections to this vacation, they would ask that a meeting be provided to allow an opportunity for those affected property owners to comment on the alternate alignment.  In the notification, along with the petition that was sent to his clients, there was no information with respect to the alternate alignment being shown today.  They did contact Public Works and were able to get a sketch of the proposed road, but there was really no great level of comfort on whether this was the final design, or who had input in selecting this road; there was also no information on timing of the swap out.  He understands from this morning that the vacation would not be effective until the new right-of-way is dedicated but that information was not provided in the petition.

            Mr. Stivender explained that it is prescriptive rights-of-way in this area, so they do not have any deeds.  They are vacating any prescriptive rights, so their property line would stay the same; it just does not have any cloud on the title associated with the road.  The County did not survey that actual area, and he was not aware of the issue being presented by Mr. Langley.

            Through discussion, it was noted that Mr. Langley’s clients have about 2,000 feet of frontage on North Libby Road and, in terms of access, they have access on Highway 27 and North Libby Road so, by closing that area, it does not deny them any opportunity to have access to their property.  Mr. Langley agreed that they are not being denied an opportunity to gain access to the property from the north or the south.

            Mr. Stivender clarified that there is a loss of frontage for that section, because the clay road will go away.

            Commr. Cadwell explained that frontage on a prescriptive clay road does not really add any value to anyone’s property; it does not really allow anyone to do anything else.  Mr. Langley clarified that he understood that it does not currently add value but, with the development potential in the area, loss of any frontage, at this point, would affect their development rights, and they want to preserve those rights.  Commr. Cadwell clarified that, with a prescriptive clay road, there are no development rights.

            Commr. Pool stated that it would be different if the Board was closing off opportunities for them to access their property and, clearly, there are none; this road will be a much improved corridor, because this clay road has been a problem for many years.

            Mr. Langley explained that this was one of the things that they would like to have the opportunity to comment on and perhaps even to discuss the necessity of vacating that public right-of-way by having to create the alternate alignment of the connector road.  He questioned whether it would be possible to keep that there as an east-west intersection, even after the north-south connector is put in place.

            Commr. Pool explained that, if Mr. Langley’s client wants to put a clay road through that corridor and maintain it to get access to the south side of the property, then that would be up to them, but the traveling public will continue to use the new alignment with the new pavement, not the clay road.  He also clarified that they are not going to deny them the access to the south side of their property in any way by granting this vacation and, as pointed out by Mr. Stivender, it is an objective of the Board to eliminate as many clay roads as they can in Lake County.  He stated that he is very excited about this becoming a paved corridor.

            Mr. Stivender addressed the time frame involved with this request and explained that there are two developments taking place but he does not know the phasing of those projects.  It was noted that alternate realignment will connect to Cherry Lake Road.

            Commr. Hill called for further public comment.  There being none, 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 approved Petition Number 1040 and execution of Resolution 2005-33 by Cascades of Groveland, Representative Bowyer-Singleton Associations, Inc., to vacate right of way and cease maintenance on a portion of Libby Road Number 3, located in Sections 26, 27 and 34, Township 21 South, Range 25 East, in the Groveland area – Commission District 2.

            ROAD VACATION PETITION NUMBER 1043 – MARY & WHITAKER FAMILY

            PARTNERSHIP, LTD./JOHN WHITAKER - GRAND ISLAND AREA – DISTRICT 4

            Mr. Jim Stivender, Director of Public Works, explained Road Vacation Petition Number 1043, by Mary & Whitaker Family Partnership, Ltd./John Whitaker, to vacate the lots and right of way in the Plat of Sarah A. Schwer's Subdivision, located in Section 29, Township 18 South, Range 26 East, in the Grand Island area – Commission District 4.  Mr. Stivender stated that this is a very old plat, and it has been citrus for a long time.  Staff could not find any need for this public access, and the only objection they had in their file was from the power company, which was really not an objection; it was notice that they have a deadline for their well site, and they will need to request that a line be pulled out sometime in the future.  Staff is recommending approval to vacate.

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

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Petition Number 1043 and execution of Resolution 2005-34 by Mary & Whitaker Family Partnership, Ltd./John Whitaker to vacate the lots and right of way in the Plat of Sarah A. Schwer's Subdivision, located in Section 29, Township 18 South, Range 26 East, in the Grand Island area – Commission District 4.

            PUBLIC HEARING –

            SETTLEMENT AGREEMENT/DEPARTMENT OF COMMUNITY AFFAIRS

            Mr. Sandy Minkoff, County Attorney, stated that the Stipulated Settlement Agreement (Agreement) with the Department of Community Affairs (DCA), Case Number APP-03-020, is in regards to a zoning case that the Board approved; it is known as the Shakar property south of Groveland.  The property owner, Robert Shakar/Presco Associates, Inc., and DCA have met and come to an agreement, which is in front of them today.  The Agreement calls for the rezoning to come back to the Board, if this is approved today; the Agreement is substantially the same as the zoning case that was approved by the Board; it still requires that timeliness be met for that piece of property, which is now identified as Phase II.  There have been a few other small changes, but it does make it absolutely clear that DCA would have the right of review on that timeliness determination, which they would have anyway, since the County renders everything to them, but this just puts it in the actual ordinance itself.  Staff is recommending approval of the Agreement.    The Board members discussed the requirements outlined in the ordinance.

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that they support this Agreement, because one of the concerns they had was that everything is sent to DCA for review, but normally that would not happen in this case until, for example, they did a plat, and then the plat would be sent to DCA.  This particular situation allows DCA to review it early, so that, if they have any questions or concerns, his clients have not gone to the expense of doing detailed engineering and construction plans.  He clarified that the PUD would require the conditions contained in the Agreement, so now there will be no misunderstanding.

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

            Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve the Stipulated Settlement Agreement, Department of Community Affairs (DCA) versus Lake County, Case Number APP-03-020.

            Under discussion, Commr. Cadwell stated that he did not support the original development, and he does not believe the Stipulated Settlement Agreement does anything other than what the initial zoning approval did and, therefore, he does not intend to support it.

            Commr. Hill called for a vote on the motion, which was carried by a 4-1 vote.

            Commr. Cadwell voted “no”.

            PUBLIC HEARINGS – REZONINGS

            REZONING CASE PH#5-05-3 – JOHN NELSON/NELSON FAMILY TRUST

            TIMOTHY P. HOBAN AND CARL LUDECKE – R-1 TO R-2

            TRACKING #10-05-Z

            Mr. Jeff Richardson, Planning Manager, Planning and Development Services Division, addressed the Board and stated that staff has received a request for a 30 day postponement in Rezoning Case PH#5-05-3, John Nelson/Nelson Family Trust, Timothy P. Hoban and Carl Ludecke, Tracking #10-05-Z.  The applicant’s representative is here.  Staff does not have an issue with the postponement; he believes the parties are still trying to work out some issues.

            Commr. Hill opened the public hearing and called for public comment on the request for postponement.  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 a 30 day continuance, until April 26, 2005, for Rezoning Case  PH#5-05-3 John Nelson/Nelson Family Trust, Timothy P. Hoban and Carl Ludecke – R-1 to R-2, Tracking #10-05-Z.

            Commr. Stivender disclosed that she has talked to both sides on this issue over the last 30 days, and she will continue to talk to them.

            DISCLOSURES

            Commr. Hill wanted to disclose that she had some contact with individuals involved with Agenda No. 2, Ph#25-05-2, Ladd Development, Inc.; Agenda No. 7, PH#20-05-1, Dewey & Laura Waddell (Wayne Grosch); and Agenda No. 9, PH#21-05-2, Carroll Fulmer Management Co. Inc., and Commr. Stivender and Commr. Pool disclosed the same.

            REZONING CASE PH#25-05-2 – LADD DEVELOPMENT, INC. – STEVEN J.

            RICHEY, P.A. - A TO R-4 - TRACKING #21-05-Z

            Ms. Jennifer Dubois, Planner, Planning and Development Services, presented Rezoning Case PH#25-05-2, Ladd Development, Inc., Steven J. Richey, P.A., a request to rezone from A (Agriculture) to R-4 (Medium Suburban Residential), Tracking #2-05-Z.  As reflected in the staff Summary, the applicant wishes to rezone the 9.04 acre subject parcel, which is presently vacant, to add this property to the abutting 133 acre tract, which was originally intended as the construction site for the Imagine Charter School, for the creation of a single family residential subdivision.  Ms. Dubois explained that the development of the property under the R-4 designation is contingent upon the approval of LPA #04/5/2-2, a request for a change in land use from Rural to Urban Expansion; however, the Florida Department of Community Affairs (DCA) has reviewed the proposed amendment for consistency with Rule 9J-5 of the Florida Administrative Code and Chapter 163, Part II of the Florida Statutes, and has issued a determination of noncompliance.  On February 18, 2005, DCA released a statement of intent finding the request for amendment not in compliance with State regulations and recommending remedial actions to eliminate the inconsistencies they identified.  On March 14, 2005, DCA issued a petition that an Administrative Law Judge be assigned to the matter, and that a formal hearing on the proposed amendment be conducted.  At the March 2, 2005 hearing before the Zoning Board, staff recommended approval of the rezoning request; however, based on DCA’s recent actions, staff now finds it necessary to change their recommendation to that of denial noting that this recommendation may be reversed if the applicant performs the remedial actions recommended by DCA to bring the request into conformity with State regulations.

            Commr. Cadwell clarified that, as a policy, DCA is not approving any of the County’s land plan amendments until the Board is through with the Comprehensive Plan.

            Mr. Sandy Minkoff, County Attorney, noted that, if the Board chooses to pass this request, they can make the Ordinance effective only upon the Comprehensive Plan being final; the Ordinance stays this way until they resolve the Comprehensive Plan issues, and it just delays the effective date of the Ordinance.

            Ms. Dubois explained that the property that was originally intended for the school site, for the Imagine Charter School, was zoned to CFD (Community Facilities District); however, because it was relocated onto Hartwood Marsh Road, that site has been rezoned to CFD, but the remaining property, the original site, is still zoned agriculture.

            Mr. Minkoff stated that the other alternative would be to continue the case, for 90 or 120 days, to allow staff to work out that issue.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and explained that, based on the concerns raised by the neighbors, the school site was relocated to another part of the property and, in the same month, they rezoned everything but this piece of property; now they are rezoning it all to R-4.  The large rezoning is subject to the Comprehensive Plan issues being resolved DCA; this one would also be subject to that.  He stated that they have no problem with having the effective date being when they resolve their issues with DCA.  He explained that DCA objected all three of the large scale Comprehensive Plan Amendments that were done that month, and they put all three of those in abeyance while they provide them with additional information.  On this particular site, DCA has asked them to provide the Wekiva Water Balancing Study, because it is an area of high recharge.  They also asked them to document the testimony of Mr. Wayne Saunders, City Manager, that this was in Clermont’s 180 District, and Clermont has the capacity to provide water and sewer.  Mr. Richey noted that his testimony is being transcribed because they have been unable to get a letter independent of that testimony to the State. They are also documenting that through the Department of Environmental Protection (DEP) who issues the permits for wastewater and through the St. Johns River Water Management District (SJRWMD) who issues the consumptive use permit.  Mr. Richey stated that these are the two issues on this particular Comprehensive Plan, and they anticipate this information being completed in the next 60 days or so; then it will be provided to the State; and then it will come back to the Board with a stipulated settlement on all three of them.

            Commr. Cadwell noted that, even if Mr. Richey and his client had provided the information to DCA ahead of time, they would have still found it to be in noncompliance because of the Comprehensive Plan issue.

            Mr. Richey explained that Mr. Welstead, Deputy County Manager/Director of Growth Management, and Ms. Amye King, Planning Manager, Growth Management, met with DCA the day before they were there, and the attitude of the staff at DCA was extremely positive, based on the meetings they had with County staff. They felt that Lake County was making a very conscientious timetable that DCA could rely on and sent a memo to that affect.

            Commr. Stivender stated that her question has to do with the schools.  In the backup there is a letter from Mr. Harry Fix, Director, Growth Planning Department, Lake County Schools dated March 2, 2005, addressing the school situation in South Lake but, in the minutes from the Zoning Board hearing, Mr. Larry Metz, School Board member, approved it, because there is a charter school in the area.  So basically the School Board is giving them the information that they are over capacity in that area, however, it is being addressed by the new school being built there.

            Mr. Richey clarified that they will not be turning dirt next week on that school, because it is going to take a long period of time to resolve the Comprehensive Plan issues, and to go through the detailed construction and engineering process.

            Commr. Pool explained that their hope is to have the school operating by this August, but this school will be on-line prior to this development taking place.

            Commr. Stivender wanted to know if charter schools have to meet the same building requirements as public schools, and Mr. Richey explained that they do not follow the County’s construction rules, but they are required, under the Statute, to follow land use and zoning.  It was noted that they also have to meet all southern building code standards.  They do go through site plan review with the County, and the plans are approved by the State.

            Commr. Hill called for further public comment.  There being none, 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 Zoning Board and approved, subject to the Comprehensive Plan approval, Rezoning Case PH#25-05-2 Ladd Development Inc., Steven J. Richey, P.A., a request from A (Agriculture) to R-4 (Medium Suburban Residential),  Tracking #21-05-Z, a request to rezone the 9.04 acre subject parcel for the creation of a single family residential subdivision, and Ordinance 2005-21.

            REZONING CASE PH#24-05-2 – STEVEN GUPTA – R-1 TO CP

            TRACKING #25-05-CP

            Ms. Jennifer Dubois, Planner, Planning and Development Services, presented Rezoning Case PH#24-05-2, Steven Gupta, a request to rezone from R-1 (Rural Residential District) to CP (Planned Commercial District), Tracking #25-05-CP.   As reflected in the staff Summary, the applicant wishes to rezone the subject parcel, which is presently vacant, for retail and professional office use.  The site is located east of the intersection of CR 455 and CR 50 south of the Florida Turnpike.  The property is located within the adopted Clermont Joint Planning Area (JPA), and the site will be served by City water and sewer.  Staff finds that the rezoning complies with the Land Development Regulations (LDRs) and Comprehensive Plan, however, staff notes that the forested wetland system comprises approximately 12.81 of the subject parcel’s 18.24 acres and that roughly 14.14 acres lie within the 100 year floodplain.  The applicant shall be required to comply with all of the County’s wetland and floodplain protection policies.  Ms. Dubois clarified the boundaries of the subject property.

            Commr. Hill opened the public hearing and called for public comment.  It was noted that the applicant was present.  There being 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 Zoning Board and approved Rezoning Case PH#24-05-2, Steven Gupta, a request to rezone from R-1 (Rural Residential District) to CP (Planned Commercial District), for retail and professional office use; uses shall be limited to convenience retail, general retail, and professional office, Tracking #25-05-CP, and Ordinance 2005-22.

            REZONING CASE PH#22-05-1 – JOSEPH NOLETTE – GREG A. BELIVEAU, AICP

            LPG – R-1 TO R-3 – TRACKING #23-05-Z

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, presented Rezoning Case PH#22-05-1, Joseph Nolette (Owner); Greg A. Beliveau, AICP, LPG (Applicant); a request to rezone from R-1 (Rural Residential District) to R-3 (Medium Residential District).  Ms. Suffron explained that the property is approximately 44 acres in size and, as shown on the map, it is located in the Leesburg area on CR 44 Leg. A approximately 1.2 miles northeast of US 441.  The future land use of the property is urban expansion.  As reflected in the staff Summary, the applicant wishes to rezone the property for residential development.  The property is currently vacant and undeveloped; the current zoning of R-1 only allows one dwelling unit per acre; it is located in the Urban Expansion land use category that permits up to four dwelling units per acre.  Based on the Urban Area Residential Density Analysis conducted by staff, the applicant obtained a total of 30 points, which allows for a maximum density of 2.5 dwelling units per acre.  Pursuant to Policy 1-1.6A of the Comprehensive Plan, residential development within the Urban and Urban Expansion areas are required to have central potable water service.  The property lies within the City of Leesburg’s adopted Utility Area, and the Environmental Services Department has confirmed that the City has adequate capacity to serve the site, and central sewer service is presently available.  Staff finds the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval.  The Zoning Board unanimously approved the request on March 2, 2005.  Ms. Saffron noted that the applicant was present and clarified that the only access is going to be CR 44.

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Greg Beliveau, AICP, LPG, approached the Board to answer questions.

            Commr. Stivender pointed out that CR 44 is going to be widened and she wanted to know if the applicant took into consideration the planning of additional right-of-way. Mr. Beliveau noted that they did take that into consideration.

            Commr. Hanson wanted to know if, in their plans, the applicant is going to try and incorporate any clustering, and Mr. Beliveau explained that they have talked to the applicant about that and have done some extensive research on the eastern portion of the property.  They would like to incorporate some of the wooded area, but they are trying to work on something that is innovative and make sure that the areas to the south and to the east are buffered.  He explained that, because the Blueberry Hill Apartments are in close proximity, and they have been annexed and approved for some additional development to the north, they decided to go strictly single family.  Mr. Beliveau explained that Mr. Nolette applied for a Planned Unit Development (PUD) last year but it was withdrawn because it was too intensive and too similar to what was down the street, and it was not conducive to the neighborhood.

            Commr. Hill pointed out that the City of Leesburg has annexed all around this area, and Mr. Beliveau explained that Mr. Nolette has no desires to be annexed and would like to stay in the County.  He further explained that, after they take out right-of-way, etc., they will probably have 2 to 2.5 dwelling units per acre.  It was clarified that the original recommendation was 124 units, but it has been reduced by about 40, and they will now have about 80 units.

            Commr. Hill called for further public comment.  There being none, the public hearing portion of the meeting was closed.  She noted that the request is in her district, and she has no problems approving it.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#22-05-1, Joseph Nolette (Owner); Greg A. Beliveau, AICP, LPG (Applicant), a request to rezone from R-1 (Rural Residential District) to R-3 (Medium Residential District), for residential development, Tracking #23-05-Z, and Ordinance 2005-23.

            REZONING CASE PH#23-05-2 – SOSA RELATED INVESTMENTS – GREG A.

            BELIVEAU, AICP, LPG – A & PUD TO PUD – TRACKING #30-05-PUD

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, presented Rezoning Case PH#23-05-2, Sosa Related Investments (Owner); Greg A. Beliveau, AICP, LPG (Applicant), a request to rezone from A (Agriculture) and PUD (Planned Unit Development – Ord. #2004-59), to PUD (Planned Unit Development).  She explained that the overall size of the parcel will be 55 acres; there are currently 30 acres existing that were adopted through PUD Ord. #2004-77.  They will be adding 15 acres of unplatted agriculture and 10 acres that were adopted through PUD Ord. #2004-59.  A new Ordinance will be created that will replace both the existing 2004-77 and 2004-59 Ordinances.  The parcels are located in the urban land use category that permits up to seven dwelling units per acre, and they will develop 4.5 dwelling units per acre, based on the Urban Area Residential Chart.  Staff is recommending approval of the request and, on March 2, 2005, the Zoning Board unanimously recommended approval.  Ms. Suffron noted that the applicant was present.  After further discussion, she clarified that the development was designed so that they will be accessing the development through the existing Woodridge and Silver Creek subdivisions, with lands being set aside for right-of-way.

            Commr. Hill opened the public hearing and called for public comment.  It was noted that Ms. Tiffany Kapner, representative from LPG, was present.  There being no public comment, the public hearing portion of the meeting was closed.

            Ms. Suffron explained that the development is going to be consistent with the rest of the development and have short term rentals and timeshares.

            It was noted that the request will not impact the school system, and it will generate tourist development dollars.

            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 Zoning Board and approved Rezoning Case PH#23-05-2, Sosa Related Investments (Owner), Greg A. Beliveau, AICP, LPG (Applicant), a request to rezone A (Agriculture) and PUD (Planned Unit Development – Ord. #2004-59) to PUD (Planned Unit Development), to amend the existing PUD (Ord. #2004-77) to include 25 acres +/- for a total of 55 acres +/- (30 acres existing – PUD Ord. #2004-77; 15 acres – Agriculture; and 10 acres – PUD Ord. #2004-59), and Ordinance 2005-24.

            REZONING CASE PH#17-05-5 – DAVID J. BAMBER AND RUTH G. SERPENTINO

            BAMBER – LM & R-7 TO CP – TRACKING #26-05-CP

            Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Case PH#17-05-5, David J. Bamber and Ruth G. Serpentino Bamber, a request to rezone from LM (Light Industrial District) and R-7 (Mixed Residential District) to CP (Planned Commercial District.  As reflected in the staff Summary, the applicants wish to rezone the subject parcel, which is presently being utilized as a self-service storage facility under a Conditional Use Permit (CUP#89/5/2-5), so they can expand the facility.  The proposed rezoning does not conflict with the Land Development Regulations (LDRs), however, the site is not in compliance with all applicable policies of the Comprehensive Plan; it does not meet commercial location criteria.  Staff recommends denial of the request as the subject parcel fails to meet commercial location criteria but, if this rezoning is approved, then CUP#89/5/2-5 would be revoked with the adoption of the attached Ordinance.

            In cases like this where staff knows this is location criteria, Commr. Stivender wanted to know if they are looking at that when they are working on redoing the Comprehensive Plan, and staff noted that they are.

            Mr. Hartenstein explained that, even though the Board previously required LM zoning for storage facilities or warehouses, they now prefer the CP.  It is still a permitted use in LM, but it requires a CUP in the old Ordinance.

            Commr. Cadwell noted that, because this is planned commercial, he wanted to know if the access questions had been spelled out in the Ordinance, because that seemed to be the biggest concern of the residents that he talked to.

            Mr. Hartenstein explained that it was added to the Ordinance that it will be emergency vehicle access only, as shown on Page 2 of the proposed Ordinance, Section 1. A. Land Uses e., “The back access entrance on Panther Road shall be limited to emergency vehicles only.”

            Commr. Hill opened the public hearing and called for public comment.  It was noted that Mr. Bamber was present.

            Ms. Sheila Pike, Panther Road, addressed the Board and stated that they live on Panther Road, and they approve of the rezoning. They would like to thank the Board for taking into consideration the back gate and including that stipulation in the Ordinance.

            Commr. Hill called for further 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 upheld the recommendation of the Zoning Board and approved Rezoning Case PH#17-05-5, David J. Bamber and Ruth G. Serpentino Bamber, a request to rezone from LM (Light Industrial District) and R-7 (Mixed Residential District) to CP (Planned Commercial District, to expand the self service storage facility, and Ordinance 2005-25.

            REZONING CASE PH#20-05-1 – DEWEY A. & LAURA W. WADDELL – CP TO CP

            TRACKING #28-05-CP/AMD

             Mr. Rick Hartenstein, Senior Planner, Planning and Development Services, presented Rezoning Case PH#20-05-1, Dewey A. and Laura W. Waddell (Owners), Wayne Grosch (Applicant), a request to amend the existing zoning CP (Planned Commercial District, Ordinance #26-81) permitting a plumbing supply facility, to amended zoning classification CP (Planned Commercial District) permitting a plumbing supply facility and a well drilling company. As reflected in the staff Summary, the applicants wish to expand the existing plumbing supply facility located on the property to include the use of a well drilling company together with an associated well drilling equipment maintenance shop and storage facility.  The proposed rezoning does not conflict with the Land Development Regulations (LDRs); however, the site is not in compliance with all applicable policies of the Comprehensive Plan as it does not meet the commercial location criteria.  The subject property is located approximately 1/3 mile north of the intersection of CR 468 and CR 44C (Griffin Road), and there is limited commercial development between the property and the intersection.  Staff recommends denial of the request.  The Zoning Board unanimously recommended approval of the request.   Mr. Hartenstein stated that, even though it is an additional use and would be an expansion of a use of nonconformity, staff does not think it would be more negative for the surrounding area.

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and stated that, in 1973, half of this property was rezoned to allow it to be used for the plumbing supply business.  In 1981, the land that is subject to this rezoning today was added to it, and the plumbing supply uses were allowed to increase from the 1973 Ordinance to the 1981 Ordinance, and it doubled the size of it.  Today they are taking the property that was added in 1981 and taking away from it the plumbing supply use and substituting it with the well drilling operation.  He believes that it was the thought of the Zoning Board that substituting the plumbing supply business with a well drilling operation was not an increase; it was a change but it was not anymore intense and, in fact, there was evidence that there would be less traffic, because it is not retail.  He clarified that they are not expanding a nonconforming use; they are changing it from one kind of use to another but not more intense, and the testimony was that it would be less intense on this half of the property than what can be done there now.

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

            Commr. Hill stated that this is in District 1, and the applicant did say that, at site plan review, they would look at buffering and other things, and this was confirmed by Mr. Hartenstein.  She did not have any problems with the request.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#20-05-1, Dewey A. and Laura W. Waddell (Owners), Wayne Grosch (Applicant), a request to amend the existing zoning CP (Planned Commercial District, Ordinance #26-81) permitting a plumbing supply facility to amend zoning classification CP (Planned Commercial District) permitting a plumbing supply facility and a well drilling company, to amend CP (Planned Commercial) Ordinance #26-81 to include the use of a well drilling business, and Ordinance 2005-26.

            REZONING CASE PH#18-05-4 – JAMES AND BARBARA TENNEY – AMEND CFD

            TRACKING #24-05-CFD/AMD

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Case PH#18-05-4, James and Barbara Tenney, a request to amend current “CFD” Community Facility District Ordinance #87-87 to allow the use of an existing church building for a funeral parlor, Tracking #24-05-CFD/AMD.  The subject parcel is approximately 4.1 acres in size.  There is one building on-site that was previously used as a church.  The owners wish to use the existing church building for a funeral parlor.  During the Development Review Staff (DRS) meeting on January 6, 2005, the owners indicated that there would be no expansion to the existing building and no additional buildings are planned at this time.  The use of the building would only consist of a viewing area, and an area for funeral services.  No embalming and/or cremation will take place at this location.  The owners estimate that two services would occur weekly.  Staff has reviewed the application and found that it is consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and recommends approval with conditions, for the site to be used as a funeral parlor.  The Zoning Board unanimously recommended approval.

            Commr. Hill stated that, in reading the minutes from the Zoning Board meeting, they seemed to say that, rather than have one or the other; it could have a duel function of a church and a funeral parlor.

            Mr. Kruse referred to Page 2 of the proposed Ordinance 1. Terms, A. and noted that staff has included the following language:  “Use of the site shall be limited to a church or a funeral parlor.”   It was clarified that, if they decided to have part of this acreage as a cemetery, they would have to come back to the Board, as well as meet the requirements of the Florida Statutes.

            Commr. Hill opened the public hearing and called for public comment.  It was noted that the applicant was present.  There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#18-05-4, James and Barbara Tenney, a request to amend current CFD (Community Facility District) Ordinance #87-87 to allow the use of an existing church building and site to have a dual function of a church and a funeral parlor, with conditions, Tracking #24-05-CFD/AMD, and Ordinance 2005-27.

            REZONING CASE PH#21-05-3 - CARROLL FULMER MANAGEMENT COMPANY

            INC. – STEVEN J. RICHEY, P.A. – A TO MP WITH LM AND HM USES

            TRACKING #27-05-MP

            Mr. John Kruse, Senior Planner, Planning and Development Services, presented Rezoning Case PH#21-05-3, Carroll Fulmer Management Company, Inc. (Owner); Steven J. Richey, P.A. (Applicant), to rezone from A (Agriculture) to Planned Industrial (MP with Light (LM) and Heavy (HM) Industrial Uses, Tracking #27-05-MP.  As reflected in the staff Summary, this is a 40 acre parcel in the North Groveland area.  The parcel is an “out” parcel located in the Christopher C. Ford Commerce Park, and it is surrounded by Heavy Industrial zoning on all four sides.  It is partially located in the Employment Center land use designation and the Urban land use designation, which permits new industrial development without a Comprehensive Plan amendment provided it meets the location criteria for employment centers. The proposed new industrial development meets the location criteria, and new industrial development is permissible in the Employment Center land use designation.  In their review, staff found the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan and is recommending approval.  The Zoning Board unanimously approved the request.

            Commr. Stivender pointed out that the request is actually in the District 3 area, and it was so noted by staff.

            Commr. Cadwell stated that the applicant is one of the original people that had faith in what they were trying to do with the industrial park, and he knows that, if they are handling this project, it will be done right.  He clarified that this piece of property has always been cut out of the Development of Regional Impact (DRI).

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Steve Richey, Attorney representing the applicant, addressed the Board and noted that Mr. Carrol Fulmer is here today, and he looks forward to developing these 40 acres into a diversification of jobs and industry for Lake County, and they would appreciate the support of the Board in this matter.

            Commr. Hanson stated that they are very fortunate that Mr. Fulmer chose Lake County early on and she has been a little frustrated that the market has not been there for the light industry and heavy industrial uses.  She thinks this is really a good thing for the County, and it is good that the private sector is stepping forward to provide this opportunity for others in industry.

            Mr. Richey stated that they already have two of these five acre tracts ready to close, so they are seeing activity right now.

            Commr. Pool stated that Mr. Fulmer has contributed greatly to the community, in many other areas, not only in jobs, and he has been a great asset to the South Lake County community, and the Board wanted to thank him.

            Commr. Hill called for further 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 upheld the recommendation of the Zoning Board and approved Rezoning Case PH#21-05-3, Carroll Fulmer Management Company, Inc. (Owner), Steven J. Richey, P.A. (Applicant), to rezone from A (Agriculture) to MP (Planned Industrial) with Light and Heavy Industrial uses, and Ordinance 2005-28.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            ADOPT POLICIES AND PROCEDURES/PUBLIC LANDS

            Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, addressed the Board to answer any questions the Board may have regarding the drafted policies and procedures for the acquisition of public lands noting that Ms. Nadine Foley, Chair of the Public Land Acquisition Advisory Council (PLAAC) is here today.  Mr. Welstead stated that the Board has before them the best compilation of the best of a number of different counties’ policies.

            Commr. Hill referred to Page 2, IV. Development, C., the language “in order to properly manage the lands acquired under this Program, the BCC may, at its discretion, levy up to ten percent (10%) of the total millage cap of 0.33 mils”, and questioned whether they could legally do this and whether it was going to be put in trust for management.

            Mr. Welstead clarified that this is not the bond money; the bond language prohibits use of bond money for management.

            Mr. Sandy Minkoff, County Attorney, referred to the language that says it will be subtracted from the 0.033 mils cap and clarified that the Board can legally do this so long as they stay under the 10 mil cap that allows for general ad valorem; it would reduce the amount of bonded indebtedness.  He stated that it would be an ongoing fee, so they would use it in the year, and it will be a separate line item.

            Mr. Bill Neron, County Manager, clarified that the levy is discretionary and staff would not intend to bring the recommendation to implement that until they have acquired lands that need management and have costs related to that management.  It was noted that all of this would come back to the Board.

            Mr. Welstead stated that staff will need some of this money levied in order to put the staff together to run the program while they are acquiring land.

            Commr. Cadwell questioned whether this program was envisioned to stay under Growth Management and, once they approve this and they are moving forward and staff is deciding where it should fit, on a day to day basis, as people contact the Board members, he wanted to know where they send that information, because the Board members need to stay out of that loop at that point.

            It was clarified that any requests and/or information the Board members receive should be submitted to Mr. Welstead, who is the contact person at this time, for him to take to the PLAAC and, once the property goes through the approval process and meets all criteria, the County Attorney’s Office will be involved through their real estate section.

            Commr. Pool and Commr. Stivender noted that they have information on Castle Hill, which they will submit to Mr. Welstead.

            Commr. Hanson stated that, after reviewing the information presented by staff, she feels that the process is working very well.

            Commr. Hanson made a motion, which was seconded by Commr. Stivender, for the Board to adopt the policies for acquisition of public lands pursuant to the November 2, 2004 referendum.

            Under discussion, Ms. Nadine Foley addressed the Board and stated that this involves several months of work and PLAAC is very happy that they have gotten to this day, because offers are starting to come in and they needed clear direction on how to handle them.

            Commr. Hanson explained that they are still in the process of trying to develop a master plan of sorts, the green printing, so that is still ongoing, to give them some idea of where the County wants to be as a whole, so they are not picking and choosing without a master plan.

            Commr. Cadwell stated that the workshop suggested by Commr. Hanson, which is scheduled for April 12, 2005, for some visioning and such, is something they were lacking and he believes they will come out of that meeting with some ideas.

            Ms. Foley stated that PLAAC enjoys the continuing support of Trust for Public Lands, and they are still anxious to work with them, so that they can partner for other State grants.  She stated that, in their review of the items in front of them today, they hope to work on partnerships for funding possibilities all across the Board.

            The Board members extended their appreciation to Ms. Foley and PLAAC for all of their hard work.

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

            ADDENDUM NO. 1 –

            REPORTS – COUNTY MANAGER

            REPAYMENT OF SCHOOL IMPACT FEES

            Mr. Bill Neron, County Manager, stated that staff has presented the Board with a report regarding the administrative fee for school impact fees.  Mr. Neron stated that Ms. Cindy Hall, Assistant County Manager, worked with the School Board staff and came up with the figure of $645,420.00 being the overcharge for the past year since the inception of the program.  Staff is recommending that the Board repay these fees in two separate ways.  The first payment could be made by returning all of the impact fee collections for January and February, 2005, which is three percent (3%) of the administrative fee for those months, which equals $350,796.61.  This would leave a balance of $294,623.39 to be paid over the next several months, and they would propose that they not collect any administrative fee until they have repaid that amount.  They feel this is a fair way to do this so that they are not out of pocket in the General Fund.  Mr. Neron noted that the School Board agrees with that number, and Mr. Harry Fix from the School Board is here.

            Mr. Harry Fix, Director, Growth Planning, Lake County School Board, stated that the School Board’s Chief Financial Officer, Mr. Tom Crosby, has been in contact with Ms. Hall on this issue, and these figures are correct.  Mr. Fix stated that the only other thing that the School Board asked is that the balance be repaid within a six month period, and to not go over six months.  Mr. Crosby had indicated that this would probably be more than likely to happen, based on the way the fees are being collected.

            Mr. Neron stated that the County will pay the School Board back as quickly as possible, based on the amount of impact fees that are paid.

            Mr. Fix stated that Mr. Crosby did explain to the School Board the situation, with the understanding that they both have budgets constraints that they have to work within, and they felt this would be somewhat more palatable to the Board to do it this way.  The School Board did ask if there could be a review of the fee rate that is charged, now that the impact fee is so much higher, to see if, in fact, they could look at an administrative fee rate that would be somewhat less than the 3%, or more reflective of administrative handling costs.

            Commr. Hill explained that the Board was within their legal bounds at the five percent (5%) so, if they reduce the fee to three percent (3%), it will have to come through an Ordinance change, but Mr. Sandy Minkoff, County Attorney, clarified that the Ordinance currently allows three percent (3%), and they were inappropriately collecting five percent (5%).  He noted that the Ordinance is certainly not as clear as it could be.

            Mr. Neron stated that, as part of the budget process, Ms. Hall is working with the Budget Office staff to look at the administrative fee, not only for the school impact fees, but what they charge in other programs, so they are going to take a comprehensive look at that and come back to the Board with any needed changes.

            Commr. Pool noted that, even though the School Board has made a request for a reduction in the amount of money that this percentage would generate, the Board has contributed greatly to school funding programs, about $781,000 in 2001, and about $1.7 million dollars in 2005 so, on one end they are doing far more than they have ever done, and he does not disagree that they need to pay them the true amount it costs them to provide that service, but he did want it noted that the Board has provided a lot of additional funding over the last four years.

            Mr. Fix stated that he hoped he was not representing that there was not some recognition of that on the School Board’s part; it is simply a matter of reviewing the percentage and their hope that, when the study is done, the three percent (3%) would be somewhat less but, regardless, it is to look at that fee.

            Commr. Pool wanted to publicly show that the Board does a lot and has continued to do more than in the past, and Commr. Hanson opined that she was not sure that the School Board or the public has been completely aware of their assistance over the years.

            Commr. Hill pointed out that the information in the backup certainly does not show the many grants and other moneys that come in through other avenues; this is just General Fund dollars, and it was $1.7 million for this year alone that they budgeted, but they provide other programs within the schools through grant money that may not be reflected in these numbers.

            Commr. Cadwell stated that the Board will ask for a 90 day update on the repayment of the fees to the School Board.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to adopt the County Manager’s recommendation on the payback of the administrative fee to the School Board, as outlined above.

            REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1

            AUDITS/PROCUREMENT SERVICES/OFFICE SUPPLY CONTRACT

            Commr. Hill stated that she will address the two items she added to the agenda, since Commr. Cadwell, President-elect, Florida Association of Counties (FAC), will be leaving shortly to attend a meeting in Tallahassee.

            Commr. Hill wanted to first ask the Board to authorize the County Attorney to get an outside auditor to review the County’s invoices, to make sure that there are no problems, and to have the County Attorney oversee that review.  She noted that the request is primarily the review of invoices in Procurement Services.

            Mr. Sandy Minkoff, County Attorney, stated that, in their discussions, it was determined that it would be a one time review of invoices having to do with the current office supply contract.  An issue had been raised to look at those to determine if they are current.  They are in the process of an internal audit by the Office of Mr. James C. Watkins, Clerk of the Circuit Court, and the report will be released in the next week or so.  He noted that this is Mr. Watkins’ recommendation for an outside auditor.

            Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve to authorize the County Attorney to get an outside auditor to review invoices, as noted, and that Mr. Minkoff, County Attorney, oversee the review.

            Under discussion, Commr. Cadwell wanted to know if Procurement Services is under Budget, and Mr. Bill Neron, County Manager, explained that it used to be a part of Administrative Services and, after they disbanded the Administrative Services’ budget, the Purchasing Department and Human Resources now report directly to the County Manager.

            Commr. Cadwell felt that, because the findings of the internal audit are saying they need an external audit, it appears that they may be concerned about some inconsistencies at a minimum and, if there is a problem, they need to move quickly.

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

            LEGISLATIVE DELEGATION - HB 1173 – IMPACT FEE BILL

            Commr. Hill addressed the Impact Fee Bill that is being proposed by legislators and stated that the Florida Association of Counties (FAC) has asked the Board members to oppose this because it limits who can receive a refund, and the time period in which those impact fees can be imposed.  The bill does not contain any alternative revenue source to make up the difference lost from the impact fee reductions.  The FAC, as well as two of their legislators, Representative Alan Hays and Representative Hugh Gibson, have asked them to oppose this and have asked for their comments.  It was noted that Collier County was leading the charge to oppose the proposed legislation.

            Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to approve to instruct the Chairman to write a letter to their Legislative Delegation opposing the legislation, Impact Fee Bill (HB 1173), as noted.

            Under discussion, Commr. Hill stated that she can give the Board members a copy of HB 1173 so that they can see the repercussions the bill would have for counties.

            Commr. Cadwell stated that, even though he is going to Tallahassee to meet with the FAC, the Board can e-mail it, or fax it today.  He stated that, between now and the end of the session, impact fees are going to be discussed even more and, as always, there will be offers through the Homebuilders Association and others to give away their ability to impose impact fees, and they need to watch it really closely because, although they will offer some alternative funding, at that point, the Board will lose their home rule power and how they will want to fund it themselves.

            Commr. Hanson noted that the alternative is probably going to be documentary stamps, which gets back to affordable housing.

            Mr. Bill Neron, County Manager, stated that, in the last few legislative years, the Board has authorized the Chairman to send letters, as long as it is consistent with FAC’s adopted legislative program, and he wondered if the Board wanted to continue that this year.

            Commr. Cadwell stated that he had no problem with that because the Board has always given the Chairman leeway to note the local issues and, if the Chairman was not comfortable with it, the information would be brought to the Board, or the Chairman would just not address it.

            Commr. Hill noted that, even though the Board members may have a difference of opinion on impact fees, although she has not seen where they have had that problem, she still wanted to make sure that they were aware that this was going through because it is very detrimental to the County and is far more restrictive than it has ever appeared.

            Commr. Cadwell stated that it is so easy for the Board members to concur with different bills, until they look at their mission and their main goals, and those are to make sure they protect their home rule power and their ability to govern themselves and, if they always look back to that, then it gives the Chairman a chance to say yes or no, and if she is not comfortable with it, she can always bring it to them, or leave it on her desk.

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

            COMMISSIONERS

            At 10:40 a.m., it was noted that Commr. Cadwell left the meeting, to go Tallahassee to meet with the Florida Association of Counties (FAC).

            OTHER BUSINESS

            APPOINTMENTS/HISTORICAL MUSEUM ADVISORY COMMITTEE

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the following appointments to vacant positions on the Historical Museum Advisory Committee:  Bob Grenier (Historical Society member); Carol Coggshall (Historical Society alternate member); and the reappointment of Cele Oldham (Member of the Public at Large).

            Commr. Cadwell was not present for the discussion or vote.

            REPORTS – COUNTY ATTORNEY

            RENTAL AGREEMENT/BEST AMERICAN STORAGE/RECORDS MANAGEMENT

            Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the request and to give authorization to encumber funds and execute the rental agreement to Best American Storage for records storage space for Records Management.

            Under discussion, Mr. Sandy Minkoff, County Attorney, clarified that these agreements will hopefully go away once they close on the warehouse and they can start moving some of these records into that building.  He noted that staff has the contract but they have not closed on the furniture warehouse but, once they do, it will give them a lot of additional storage space.  He further noted that these are month to month agreements.

            Commr. Hill called for a vote on the motion, which was carried by a 4-0 vote.

            Commr. Cadwell was not present for the discussion or vote.

            LEASE – SARVIS/WILSON INVESTMENTS, INC.

            Mr. Sandy Minkoff, County Attorney, addressed the request regarding the three year lease with Sarvis/Wilson Investments, Inc. for 2,200 square feet of office space.  He noted one change; the beginning date will have to be changed from May 1 to June 1 because the landlord cannot get the work done that quickly, and it will reduce the fiscal impact this year from $10,824.00 to $9,020.00.  The space is going to be occupied by some of the folks that work for Mr. Fletcher Smith, Director of Community Services.  They surveyed and sent letters to all of the realtors and other folks in the Tavares area where they wanted property.  The rental space price is $9.84 per square foot.

            Commr. Stivender made a motion, which was seconded by Commr. Hanson, to approve the three year lease with Sarvis/Wilson Investments, Inc. for 2,200 square feet of office space at 908 North Sinclair Avenue, Tavares for Lake County Community Access Network (LCCAN) Program/Citizens' Commission for Children/Volunteer Program.

            Under discussion, Commr. Hill stated that Library Services is across the street, and she wanted to know if there was any way that they would have room to put them in a building.

            Mr. Fletcher Smith, Director of Community Services, addressed the Board and explained that the space is not large enough to move the people in the Hunter Building (Library Services) into it.  They have about seven and half staff they will be moving in right away, with room for up to 12 staff members, so it would be pretty crowded in there.

            Mr. Bill Neron, County Manager, explained that most of the people that they will be moving into that building are under a grant program, so the grant will be paying the majority of the rent. They currently house some of those people in the fourth floor office where management used to be, and that is where they plan to put some of the staff for the new Facilities Department, so they will be in this building and close to purchasing, the legal staff, and the County Manager’s staff.  They hope to have a new director on board by June, so the timing will be good.

            Commr. Hill called for a vote on the motion, which was carried by a 4-0 vote.

            Commr. Cadwell was not present for the discussion or vote.

            REPORTS - COUNTY MANAGER

            APPEALS - ADJUSTMENT IN SCHOOL IMPACT FEE - DAVID MELONEY

            Mr. Bill Neron, County Manager, informed the Board that, under the County’s Impact Fee Ordinance, people have the ability to appeal any staff decision on impact fees to the County Manager, and the County Manager’s decision can be appealed to the Board.  The Board has two appeal cases today, and there is a staff report in each case.  He noted that Ms. Wendy Wickwire, Impact Fee Coordinator, is here to answer questions.

            Mr. David Meloney addressed the Board to present his appeal.  Mr. Meloney stated that he owns a small machine shop business in Sorrento, on property that was rezoned by the Board.  Mr. Meloney explained that he has paid thousands of dollars to Lake County for impact fees, tangible property tax, and commercial property tax, but he has a different issue today, because he is getting ready to build a house.  He was not trying to avoid paying impact fees that he should have paid on September 17, 2002; he is not here to disagree with the County about impact fees, because he feels they are necessary to help the County keep up with growth; he is here to explain what had caused him to assume he had paid all of the necessary impact fees for his future home on September 17, 2002.  He explained that, after being informed of the pending impact fee increase that would take place in October, 2002, he sent his wife, Valerie, to the Building Department on September 17, 2002 to pay the impact fees for their future home.  When the agent discovered that a mobile home had previously been on the property, they were charged $537.00 instead of $1,343.00 (a savings of $806.00), and his wife brought home a receipt showing where the County had accepted $537.00 for prepayment of impact fees; he believed that all of his impact fees were paid on that date, because of the information shown on the receipt (in backup).  Mr. Meloney explained that he was well aware of the increases and, assuming that he had paid all of them, there was no need for him to return to the office to make any further payments.  He stated that he has with him today bank records showing that he had the funds available to pay all of the money at that time.  The County is asking him for $4,067.00 more because they said he had only paid one fee, the road impact fee.  Mr. Meloney asked the Board to be just and fair and let him pay just the fee amounts that were effective in September, 2002, and to refund him $4,067.00 difference that he paid in March, 2005, to get the permit to build his new home.  He discussed the format of the receipt noting that there were items left blank and questioned whether they were supposed to have been completed by the agent, in order for him to know the actual fees he needed to pay at that time and, because there was no mention of other fees, or any indication of other fees on his receipt, he felt that this entire misunderstanding is due to a clerical error.

            Ms. Wickwire clarified that, in September, 2002, the other fees would not have been filled in on the receipt, because they had not been approved by the Board.  She explained that, at the time this form was created, the County was reviewing fees for parks and recreation, libraries, law enforcement, and corrections.  To make this form work if those fees were ever adopted, staff added extra fields at the bottom of it rather than having to go back and redesign it every time the Board approved a fee.

            Commr. Pool explained that the County received thousands of individuals prepaying their impact fees, and today they have really only two people who have an issue, but Commr. Stivender noted that she has two more appeals on her desk, which Ms. Wickwire has not seen.

            Discussion occurred regarding individuals having the opportunity to pay only part of the fee, with it being clarified that the majority of the certificates were only for the fee that was going up and that seemed to be the normal process.

            Mr. Sandy Minkoff, County Attorney, explained that it was probably not occasionally that this happened, but it was almost the rule.  He stated that, if the Board will recall, in 2002, there was a large increase in road impact fees, and people came in and paid the fee that was going to be increased a lot, and they did not pay the other fees, because they may not have been planning to build their home for two years; they did not want to give the County that money for two years, when they were not going to get a building permit.  The same thing he is assuming with education.  Many people came in and only paid the education fee and did not pay the other fees, because there is no increase slated in those, so they are going to wait to pay those when they actually get their building permit.

            Ms. Wickwire explained that she has many permits issued that have three prepayment certificates, one for road, one for school, and one for fire.  It was noted that the road impact fee went up substantially on October 1, 2002.

            The Board discussed the fact that many people would have the money to pay the fees, but they may choose not to put the money out at that time, even though Mr. Meloney is saying that he had wanted to pay all of the fees at that time.  Even though staff has a standard dialogue with every single person that comes to the office, they agreed that perhaps the form could be improved but, from the face of it, it appears that Mr. Meloney only wanted to pay this one fee at that time.

            Mr. Meloney explained that he has no problem paying the money, but he should not have to pay the higher fees, because it was his intention to pay all of the fees at that time. 

            Commr. Pool wanted to make sure that the Board was not setting a precedent, or opening the flood gates, for others, if they should decide to approve Mr. Meloney’s request.

            Commr. Stivender explained that the two appeals she has on her desk are not similar to the ones today.  They actually had their permits and paid for everything last year, and then they had ongoing inspections and plans got changed which affected the timing, so they paid the original amount before they raised the fees, and then they got their final the day after and were charged the additional amount.

            Commr. Pool stated that there appears to be very few individuals out of the thousands that who paid that have an issue.  He felt that the County really had a pretty good system for the most part and that people did understand and he wanted to know if there was any opportunity to even negotiate a difference.

            Mr. Minkoff explained that their role today is as a judge and not as doing what is the right thing, so the only way an appeal would be successful is if it shows that the rules were not complied with or something like that; if they start negotiating, then they will have thousands of people coming in to negotiate.  This is an appeal and staff has made a decision, the fact is he only paid the road at that time, and he had to pay the correct ones then.  The Board would have to find an evidentiary reason to overturn that decision.

            Commr. Pool stated that, based on Mr. Minkoff’s clarification and, based on what the receipt said and what the fee structure said, it was an oversight on Mr. Meloney’s part, even though he believes his intentions were there, and he does not believe the receipt was misleading.

            Commr. Hanson stated that she did not feel that the Board had any choice but to go by staff’s recommendation.  She stated that it is confusing and she appreciates Mr. Meloney bringing it to their attention, and Ms. Wickwire, Mr. Minkoff, and the Board can try to work on that language, so it is clear, but she agrees that, if they make a change here, they will have thousands that will come before them also asking for changes.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried by a 4-0 vote, the Board denied the appeal for David Meloney for an adjustment in the School Impact Fee and other fees.

            Commr. Cadwell was not present for the discussion or vote.

            APPEALS - ADJUSTMENT IN SCHOOL IMPACT FEE – DARWIN BANEY

            Mr. Bill Neron, County Manager, informed the Board that Mr. Darwin Baney was here to discuss his appeal for an adjustment in the school impact fee.  He noted that the Board has a staff report recommending that no relief be granted.

            Mr. Baney addressed the Board and explained that he came to Tavares and paid his property taxes, and then he went to prepay his school impact fee and, at that time, Ms. Wendy Wickwire, Impact Fee Coordinator, was not there.  He explained to another girl that he was doing a lot split and wanted to prepay the school impact fee, but she said she did not know how to handle the matter.  He asked if he could leave a check for the $3,500.00 and she explained that he would have to wait for Ms. Wickwire to get back, and she would call him when she got in, which she did that afternoon. He explained that he does extensive traveling because he does communication work for the Highway Patrol, Department of Law Enforcement, Game and Fish, Marine Patrol, and others, and he was down south, and he had taken that one day off to take care of these matters.  He was told to come back in and it would be taken care of and the first time he got a chance was February 4, 2005, at which time Ms. Wickwire was on vacation and, after consulting with Mr. Bill Neron, County Manager, he is before this Board today.

            Commr. Stivender wanted to know if Ms. Wickwire is the only individual that can handle such an issue, and Mr. Neron explained that, when they realized they were going to get a rush on prepayments, staff set up a special office with extra help and, as being stated by Mr. Baney, due to the complexity of this issue and lot splits, Mr. Baney was told that no one but Ms. Wickwire could handle that problem.  He stated that it is really a question of whether the gentleman was aware of the February 1 cut off date.

            Commr. Stivender stated that it is her concern that this could happen anywhere and they should have somebody to back up staff.  Mr. Gregg Welstead, Director of Growth Management, or someone from the fifth floor, should have come down and clarified this so that Mr. Baney could have paid the fees.

            Mr. Neron explained that they have since made some staffing changes, and they have gotten a new part time position that is going to be fully trained, and staff is cross training some other people so that they do not have this situation of only one person being able to handle things.

            Ms. Wickwire stated that she had no argument that Mr. Baney was here to pay the fee, in December, 2004, but it was a more complicated issue and, because of the complexity of the lot split, other staff members were not sure what to do.  In order to avoid an error, he was told that he would need to speak specifically with her.  She did return his call but Mr. Baney had to go back to work.  She noted that the decision was made by the Board, on December 21, 2004, that the effective date would be February 1, 2005.  On December 27, 2004, Mr. Baney would have known about the effective date.

            Commr. Hanson felt that the Board still needed to go by the staff recommendation, because some of the burden does fall back on the public to know the effective date.

            Mr. Baney stressed that he was there on December 27, 2004, to prepay the fee, and he even asked if he could leave his check. He stated that Ms. Wickwire did not return his call until about 3:45 p.m., and he would not have been able to return on that same day before 5 p.m.

            Commr. Pool stated that Mr. Baney was here and staff did not know how to help him, and he cannot fault him for making the effort to prepay, and it was his intent to prepay the school impact fee, but obviously they did not have the ability, or the knowledge, or the person on staff to take that dollar at that time.  He did think that Mr. Baney made a mistake in not coming back in and he thinks staff’s recommendation is probably a good recommendation, but his intentions were clearly to pay the school impact fee.

            Commr. Hanson discussed the fact that Ms. Wickwire came back to her office at 12:30 p.m., and Mr. Baney was in to pay at 11:45 a.m., so they are talking about 45 minutes difference in time.  She felt that, because of the importance of the issue at hand, she would have waited to see Ms. Wickwire at 12:30 p.m.; however, staff did not know how to handle his situation; he was told that Ms. Wickwire would call him back; and she was probably swamped when she got back from lunch, so she did not have an opportunity to call until later in the day.  It was noted that Mr. Baney was asking to pay the amount of $3,489.00.

            Commr. Stivender made a motion, which was seconded by Commr. Pool, to approve for Mr. Baney to pay the school impact fees that were in effect at the time he came in on December 27, 2004, the amount of $3,489.00.

            Under discussion, Commr. Pool stated that he feels this was an honest attempt to pay the fee; it was understood that the fee was due; and he feels it is fair and equitable.  Mr. Baney was here to pay and they could not accept those funds, because of lack of information, or knowledge, on their part, which he thinks is a fair argument.  He wanted staff to know that he was not upset with them, and he thinks they made the right decision, and it came to the Board.

            Commr. Hill called for a vote on the motion, which was carried by a 3-1 vote.

            Commr. Hanson voted “no”.

            Commr. Cadwell was not present for the discussion or vote.

            REPORTS – COMMISSIONER POOL – DISTRICT #2

            HURRICANES/REIMBURSEMENT FROM STATE

            Commr. Pool informed the Board that he received a call from Mr. Nathan Cook, Representative Randy Johnson’s Office, last night, and he thought there was a $103,000 windfall coming to Lake County for some of the cleanup related to the hurricanes.

            Mr. Bill Neron, County Manager, stated that staff had some conversations with Representative Johnson’s Office last week, and he will ask Ms. Regina Frazier to come forward and provide information.  It was his understanding that the legislature was putting together a package to help local governments with the repair of buildings, not debris cleanup.

            Ms. Frazier addressed the Board and explained that the moneys would be for any infrastructure repairs, for roads or buildings, and it would cover the County’s out-of-pocket expenses.

            Mr. Neron stated that staff did provide Representative Johnson’s Office with the information, as they had requested, and the County was asking for $103,000.

            Commr. Pool explained that Mr. Cook wanted him to know that the item had been appropriated out of committee and through the House, and it now goes to the Senate.

            Commr. Stivender wanted to know if staff had included the bridge damage that was done at Lake Louisa, and the water intrusion in the Administration Building, as well as other buildings, in their calculation, and Ms. Frazier acknowledged that all of this was included.

            Mr. Neron stated that he wanted to congratulate Ms. Frazier and her staff for their expeditious response to the call for information from Representative Johnson’s Office.

            Commr. Pool stated that he also wanted to thank Representative Johnson’s Office for his due diligence in helping the Board and bringing that information to them.

            MINNEOLA ELEMENTARY

            Commr. Pool informed the Board that he had the privilege and the pleasure of teaching a fourth grade last week for the entire day, at Minneola Elementary.  He wanted to applaud them and to acknowledge that the classroom of 23 children was well behaved.  The school is well disciplined and well structured and he had a tour of the facility during the break time.  He noted that it was a Junior Achievement Program, and it was an all day structured event, and he thanked them for having him there as part of the event.

            MINNEOLA AREA WIDE STUDY ON TRANSPORTATION MEETING

            Commr. Pool stated that he would like to update the Board on what happened at the Minneola Area Wide Study on Transportation.  He stated that it was a very well attended meeting, with hundreds of people there.  Even though there was much criticism aimed at him personally and/or them as Commissioners, he tried to get them focused on the reality that they were not talking about projects that may come or preliminary projects.  He explained that, if you look north of Minneola and east of US 27, there are thousands of homes in that corridor that were approved by Minneola, not by the Lake County Commission, and it is their responsibility to plan for and prepare for transportation initiatives and that is improving existing roads and building new roads.  Commr. Pool stated that Tindale-Oliver did a very good job of trying to explain what is already on the ground and what will come.  Commr. Pool stated that he wants the Board to focus on how they can have people understand that it is their responsibility to plan and prepare for these new roads and, if they do not do that today and, if they act as though it will go away tomorrow, these projects are coming anyway.  It is their responsibility, along with the Metropolitan Planning Organization (MPO), to identify and continue to work for improvement in these areas, and where they have a chance and an opportunity, they need to cease it.  He wanted to inform the Board that the citizens there felt that they could stop whatever was going to come and he does not think that is something they can do, since Minneola approved a many of those projects.

            Commr. Pool explained that, even though “The Orlando Sentinel” had negatively reflected some of his remarks, he is glad that people have come to Lake County, because they help create economic opportunity and prosperity, and he meant that sincerely, and they can all recognize and continue to maintain that quality of life and still allow for this change that is coming.  He stated that there were a great number of staff members there and, even though some of the people were upset, they carried out their frustrations in an orderly fashion.  He pointed out that, out of the 55 people that spoke, at least one half said they had been here two years or less, and he tried to get back on target and talk about what is already approved, not what may come, and to focus on what is going to come, but he did not think they were able to get that across to them.

            Commr. Hanson stated that the County is working on joint planning areas (JPAs) with the cities, but she wanted to know how the cities are dealing with concurrency and transportation.

            Mr. Gregg Welstead, Director of Growth Management, stated that, in one of the developer agreements between the City of Minneola and Founders Ridge, they outlined a number of requirements for the developer to deal with roadways and, if they cannot get those from the developer, they will still assume concurrency is met.

            Commr. Pool stated that the County has challenges and opportunities, and he thinks they need to cease those opportunities where they can and where they find willing participants to help work with them, and that would be the development community, along with the citizens.  At that meeting, it was clear that the brunt of the conversation was on growth, and they have nothing to do with the thousands of homes that have been approved north of Minneola and east of US 27. 

            REPORTS – COMMISSIONER HANSON – DISTRICT #4

            ADOPT A ROAD PROGRAM/ARIZONA

            Commr. Hanson reported that she spent last week in Arizona where she noticed that they have the Adopt A Road Program but, instead of just having the signs, they have larger signs along the roadways with the names of individuals and/or organizations to recognize their cleanup of that section of road.  She thought that would be something they could look at and there may be more of a demand for them, if there is more opportunity for advertising.

            Mr. Bill Neron, County Manager, noted that, if the Board would like, he will assign this to Mr. Jim Stivender, Director of Public Works, to work with their Information Outreach Office to see if they develop a snazzier design for the signs.  

            REPORTS – COMMISSIONER STIVENDER – DISTRICT #3

            STUDENTS-ATHLETES

            Commr. Stivender informed the Board that she and Ms. Wendy Taylor, Executive Office Manager, will be working on acknowledging all of the student athletes, or teams within Lake County, who have made it to districts, or farther, and will be bringing those back to the Board hopefully in May.  She would like each Commissioner to make the presentation to those teams within his/her own district.  Commr. Stivender noted that it will probably take a couple of meetings to acknowledge all of them, because there are quite a few student athletes and teams in the County that have excelled this year.  She asked each Commissioner to let Ms. Taylor know if there is a team, or someone in their area, that needs to be recognized.

            FLORIDA ASSOCIATION OF COUNTIES/LAKE COUNTY DAY

            Commr. Stivender noted that the Florida Association of Counties (FAC) starts tomorrow and, on Thursday, they will have Lake County Day, with a reception that night.  She has a meeting with the Secretary of Transportation on Thursday morning, and she will be introducing Mr. T. J. Fish, the Metropolitan Planning Organization (MPO) Executive Director.

            THOMAS THE TRAIN

            Commr. Stivender noted that Thomas the Train will be in Wooten Park all weekend.

            CALLAWAY GARDENS – GEORGIA/BUTTERFLY GARDEN/PEARA

            Commr. Stivender informed the Board that she traveled last week to Pine Mountain, Georgia, to Callaway Gardens.  When she got back, she had a letter from PEAR saying that they want to expand PEAR and do a butterfly garden and other things, which is just what Callaway Gardens is and she thought it would be really nice to have PEAR as an economic tool, and a site for those types of things.

            REPORTS – COMMISSIONER CADWELL – DISTRICT #5

            PROCLAMATION/NATIONAL COUNTY GOVERNMENT WEEK

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2005-35 designating the week of April 10 through 16, 2005 as National County Government Week.

            Commr. Cadwell was not present for the discussion or vote.

            REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1

            SALES SURTAX OVERSIGHT COMMITTEES

            Commr. Hill informed the Board that the Sales Surtax Oversight Committee will meet at 8:30 a.m., on April 19, 2005, in the Board Chambers.  The Board will meet at that time, with the regular meeting beginning at 9:00 a.m.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:35 a.m.

 

 

 

___________________________

JENNIFER HILL, CHAIRMAN

 

 

 

 

 

ATTEST:

 

__________________________

JAMES C. WATKINS, CLERK