A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 6, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, December 6, 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; Debbie Stivender; Welton G. Cadwell; and Robert A. Pool.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

RECOGNITION

The Chairman recognized the former Mayor of the City of Fruitland Park, Mr. Ron White, who was present in the audience.

ELECTION OF OFFICERS

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, the Board selected Commr. Hanson as Chairman for 2006.

Commr. Hill thanked the Board for the opportunity of having served as their Chairman during the past year, noting that it was an honor and privilege to have served them, that she enjoyed it very much, and that she appreciated their support.

Commr. Hanson stated that Commr. Hill did an outstanding job of serving Lake County during the past year and that she appreciated all her hard work.  She stated that she also appreciated the Board’s confidence in having her serve as Chairman for 2006 and that she will try to serve them and the citizens of Lake County well.  She stated that she would like for the County Manager to schedule a visioning retreat for the Board and senior staff, so that they can get together on some of the goals that she would like to see accomplished during the upcoming year.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, the Board selected Commr. Cadwell as Vice Chairman for 2006.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that Tab 48, under Other Business, states, in error, the need to appoint individuals to two vacant positions on the Impact Fee Committee, when, in fact, there is only one vacancy to be filled.  She noted that there was an Addendum No. 1 to the Agenda, containing two requests from Community Services, as well.

Mr. Sandy Minkoff, County Attorney, stated that he had two items to be placed on the Agenda, one being the settlement of an accident claim involving a county facilities vehicle, and the other a request from Realvest, one of the contract purchasers of a site at the Christopher C. Ford Commerce Park, who is requesting an extension to their contract.  He noted that both requests will require action by the Board.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said items on the Agenda.

MINUTES

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 27, 2005 (Regular Meeting), as presented.

Regarding the Minutes of October 28, 2005 (Special Meeting), Commr. Hill requested the following change:

On Page 2, Line 28, change “contingent” to “contentious”.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 28, 2005 (Special Joint Meeting with School Board and League of Cities regarding School Concurrency), as corrected.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 1, 2005 (Regular Meeting), as presented.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of November 8, 2005 (Regular Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

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

Bonds – Contractor

Request for approval of Contractor Bonds – New, Cancellations, and Reinstatements, as follows:

            New

              801-06           James L. Stinson d/b/a Stinson Electric, Inc.

            5695-06           RTD Electric, Inc.

            5842-06           William Shaffer d/b/a Shaffer’s Electric

            6041-06           Sean R. Adair d/b/a Par Excellence Services Electric Co.

6042-06           Francisco Perez d/b/a Technical Electric Services & Supplies

6094-06           Dewey Ray Crigger d/b/a Partnership Custom Construction Co.

6430-06           Richard O. Batchelor d/b/a Brite Lites Electric, Inc.

6431-06           Ronald Cor_Bell Dawson d/b/a Dawson Roofing, Inc.

6433-06           Bruce Hage d/b/a Bruce Hage Irrigation

6434-06           Darren M. Taggart, Sr. d/b/a DMT & Son, Inc.

6435-06           Lonnie H. Ramsey and/or Kerrie Ramsey d/b/a RAM-Z Heating & Air, Inc.

6436-06           III Phase Haze, Inc. (Electrical)

6437-06           James T. Kempton d/b/a Hardeman Landscape Nursery, Inc.

6438-06           Brent Galbraith d/b/a Comfort Zone Heat & Air, Inc.

6439-06           James Goodyear d/b/a Clermont Scapes, Inc.

            Cancellations

5923-03           Terry Scott d/b/a Terry Scotts Irrigation

5979-03           R. L. Huffstetler d/b/a Huffstetler Landscape Contracting

4684-04           Charles Pepper

4989-04           Jerry Smith d/b/a Jerry Smith Electric, Inc.

5604-04           Constructive Services of Central Florida, Inc.

5767-04           Bill Porter d/b/a Bill Porter Plastering, Inc.

4607-05           Frederick S. Troesch d/b/a Steve Troesch Plumbing, Inc.

4628-05           Daniel R. Herndon d/b/a Star Management

5095-05           James Williams d/b/a Williams Sales & Service, Inc.

5590-05           Joseph G. Russell d/b/a Russell’s Aluminum, Inc.

5626-05           Jay O. Berry d/b/a J.W. Berry Signs, Inc.

5653-05           John T. Jarrett d/b/a Jarrett Electric, LLC

5683-05           John Wetzel Advanced Water Shapes by Nat

5737-05           Dennis Guinn d/b/a Guinn’s Electrical Services

5833-05           Darryl A. Vickers d/b/a Central Florida Electric

5840-05           Jeff Clark Poag d/b/a Arizona Air

5988-05           Rodolfo Vera

6000-05           Joseph D. Fannin, Jr. d/b/a Southern Pride Services

6022-05           Alvin Barnett d/b/a Barnett Construction, Inc.

6051-05           William R. Gamble IV

6090-05           Chris Herod d/b/a Herod Pool Contracting, Inc.

6097-05           JBD Builders, Inc.

6099-05           Timothy M. Bunyon/Customize Electric, Inc. d/b/a C.E.I.

6129-05           Timothy Mercer d/b/a Mercer Electric

6172-05           Jeffrey A. Spears d/b/a Soffit Masters, Inc.

6189-05           Nathan Slomowicz of Landscape Systems, Inc.

6220-05           Ray Digiovanni d/b/a Future Construction of Tampa Bay

6222-05           Fred J. Fairchild d/b/a Fred J. Fairchild Electric, Inc.

6234-05           Michael Diestler d/b/a Mykee Electric, Inc.

6238-05           Marcos Pardo d/b/a Pardo Construction

6371-05           Deborah Raymond d/b/a England Roofing

6204-06           Jeff Reamer d/b/a Dixie Landscape Company, Inc.

6198-07           Ronald S. Morton d/b/a Seminole Landscaping, Inc.

Reinstatements

6032-06           Ralph Milne Electrical Solutions, Inc.

6156-06           William Back d/b/a Golden Triangle Electric, Inc.

List of Warrants

            Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.

            Monthly Distribution of Revenue Traffic/Criminal Cases

            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending October 31, 2005, in the amount of $156,552.87.  Same period, last year:  $99,402.84.

            St. Johns River Water Management District’s Water Resource Development Work

            Program

            Request to acknowledge receipt of St. Johns River Water Management District’s Water Resource Development Work Program (dated October 28, 2005), pursuant to Section 373.536(6)(a)(4), Florida Statutes.

            Southwest Florida Water Management District Governing Board Meeting Agenda

            and Approved Minutes of Governing Board Meeting

            Request to acknowledge receipt of Southwest Florida Water Management District Governing Board Meeting Agenda for November 30, 2005 and December 1, 2005 Meetings, to be held at 2250 NE Roan Street, Arcadia, Florida; and approved Minutes of Governing Board Meeting held September 27, 2005, at 2379 Broad Street, Brooksville, Florida.

            Notice of Application for Amendment to Water and Wastewater Certificates

            Request to acknowledge receipt of Notice of Application for Amendment to Water and Wastewater Certificates – Notice is hereby given on the 15th day of November, 2005, pursuant to Section 367.045, Florida Statutes, and Section 25-30.030, Florida Administrative Code, of the Application of Shangri-La by the Lake Utilities, Inc., of its intent to apply to the Florida Public Service Commission to extend its service area, to provide water and wastewater service to the property described.  Objections to the Application must be made in writing and filed, as indicated on the notice.

            Annexation Ordinances from the City of Tavares

            Request to acknowledge receipt of Annexation Ordinances from the City of Tavares, as follows:

            Ordinance No. 2005-34 – Annexing approximately 26.4 acres – SR 19 and Lane Park Cutoff Road.

            Ordinance No. 2005-38 – Annexing approximately 2.82 acres – Gause Street, West of Lake Dora.

            Ordinance No.  2005-42 – Annexing approximately 4.74 acres – Dead River Road and SR 19.

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Stivender asked that Tab 19, a request from Growth Management, be pulled for discussion.

            Commr. Cadwell asked that Tab 13, a request from Economic Development and Tourism, be pulled for discussion, to enable Mr. Gregg Mihalic, Economic Development and Tourism Director, to explain the new process to the Board.

            Commr. Pool asked that Tab 18, a request from Environmental Services, be pulled for discussion, as well.

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

            Budget

            Request for approval of the following:

            1.         Budget Transfer – Fire Services Impact Fee Trust Fund, Department of Public Safety, Fire/Rescue Division. Transfer $35,133.00 from Land to Machinery and Equipment ($34,637.00) and Office Supplies ($496.00). Funds are needed to purchase thermal imaging cameras with chargers for the fire stations at Paisley, Eustis, Lake Jem, and Leesburg, who do not currently have thermal imaging cameras. Funds available in Land, as there are funds remaining after the purchase of the Lake Jem land.

            2.         Budget Transfer – County Fire Control Fund, Department of Public Safety, Fire/Rescue Division. Transfer $54,171.00 from Land to Machinery and Equipment ($52,343.00) and Office Supplies ($1,828.00). Funds are needed to purchase defibrillators/monitors, battery support systems, Lifepak batteries, and SP92 sensors for the fire stations at Eustis, Paisley and Lake Jem. Funds available in Land, as funds budgeted for the Altoona land purchase are no longer needed.

            3.         Resolution No. 2005-202, to amend the County Fire Control Fund, in order to receive unanticipated revenue for Fiscal year 2005/2006, in the amount of $6,900.00, deposited into Volunteer Fire Assistance Grant; and provide appropriations for the disbursement for Operating Supplies. Funds were received from the State of Florida, Division of Forestry.

            4.         Resolution No. 2005-203, to amend the County Fire Control Fund, in order to receive unanticipated revenue for Fiscal Year 2005/2006, in the amount of $39,001.00, deposited into Firefighters Grant Program; and provide appropriations for the disbursement for Machinery and Equipment. Funds were received from the Department of Homeland Security and will be used to purchase portable radios.

            Request for approval of the Assignment and Amendment of Agreement between Lake County, The Greater Construction Corporation, and Greater Pines Homeowners' Association, Inc., for the provision of maintenance services within Greater Pines Municipal Services.

            Request for approval of write-off of $2,462.00 in excess transfers of concurrency funds, to reconcile Concurrency Accounts and eliminate discrepancies.

            Request for approval of very low-income and low-income impact fee waivers, as refunds to lenders, on behalf of qualified individuals.

            Community Services

            Request for approval to acknowledge the Special Project Savings Plan from the Lake County Health Department Trust Fund, to reallocate existing funds.

            Request for approval to submit grant application electronically, for the Gates Computer Upgrade Grant Program (Bill and Melinda Gates Foundation Grant); and for the Chairman to sign any resulting grant agreement or documentation, subject to County Attorney approval.

            Request for approval of the amended Agreement between the Florida Commission for the Transportation Disadvantaged and the Board of County Commissioners, regarding the funding for the Medicaid Non-Emergency Transportation Program.

            Request from Community Services for approval of Agreement with We Care of Lake County, for delivery of Coordinated, Comprehensive Primary and Specialty Healthcare for Medically Indigent Residents.

            Request from Community Services for approval to designate LifeStream Behavioral Center as the approved drug abuse treatment/education program recipient, for funds collected, per Ordinance No. 2001-90, Alcohol and Drug Trust Fund Revenue, from October 1, 2003 through September 30, 2005.

            Economic Development and Tourism

            Request for approval of Resolution No. 2005-204, which recommends that Di-Tech Testing Company be approved as a Qualified Target Industry; recommends the award of the Qualified Target Industry (QTI) Tax Refund; and commits to 20 percent (20%) matching funds of $24,000.00 over a four year period.

            Request for approval and execution of Resolution No. 2005-205, approving the issuance by the Orange County Industrial Development Authority of its Industrial Development Revenue Bonds for the Central Florida YMCA Project, in an amount not to exceed $17,500,000.00.

            Employee Services

            Request for approval to accept the Agreement with LRMC/HealthChoice, for discount on inpatient and outpatient hospital services provided by LRMC, when charges are incurred for Lake County employees and dependents in the HealthChoice CPO Plan.

            Request for approval to process payment to Vann Gannaway Chevrolet, Inc., for repair of Doug Walker's vehicle, subject to County Attorney's review and approval.

            Request for approval to process payment to Phillips Buick Pontiac GMC Truck, Inc., for repair of Gerald Kirk's vehicle, subject to County Attorney's review and approval.

            Growth Management

            Request for approval of the Interlocal Agreement with Lake-Sumter MPO, which will formalize the cooperation and sharing of data and resources, including, but not limited to, fifty percent funding of a GIS Analyst position; approval of unanticipated revenue Resolution No. 2005-206, in the amount of $26,000.00, to amend the GIS budget, to include the funding for this Agreement; and approval of Form 9, to upgrade the scheduled hours for the associated GIS Analyst position from part-time status to full-time status, for use in meeting the stipulations of this Agreement.

            Procurement Services

            Request for approval to declare items on submitted lists surplus to county needs; authorize removal of said items from county's official fixed asset inventory system records; and authorize Interim Procurement Services Director to sign vehicle titles.

            Request for approval and authorization for Procurement Services to waive bid requirements and standardizing on Diamondback Airboats; and procure the airboats from the manufacturer, Diamondback Airboats, in Cocoa, Florida, for use by Aquatic Plant Management.

            Request for approval to award and execute the contract with BCI Engineers and Scientists, Inc., to provide stormwater engineering services for Lake Dora, Lake Beauclaire, and Lake Carlton, in the amount of $125,659.00, RSQ 05-121.

            Request for approval and authorization to execute the First Amendment to the Scope of Services included in the On-Call Continuing Contract for geotechnical engineering services with Devo Seereeram, Ph.D., for RSQ 03-032.

            Request for approval to award the renewal of the annual Maintenance Agreement with Honeywell Building Solutions, in the amount of $26,516.00, for Building Management Support Services, on the Honeywell Automated HVAC System for the Government Complex in Tavares; and authorization for the County Manager to award the renewals each year hereafter.

            Request for approval to renew the contract for the Group Dental Insurance, RFP 01-077, CompBenefits, for one additional twelve month period, at the same rates.

            Request for approval to award and execute the contract with Jones Edmunds & Associates, RSQ 06-008, to provide engineering services for the Phase II Landfill Permit Modifications, in the amount of $74,680.00.

            Public Safety

            Request for approval and execution of Modification No. 1 to the State Homeland Security Grant (SHSG), to reinstate the Agreement and extend the contract date from September 30, 2005 to March 31, 2006.

            Public Works

            Request for approval and authorization to release a Maintenance Bond, in the amount of $49,975.00, posted for Fairways at Mt. Plymouth, Phase III. Fairways at Mt. Plymouth, Phase III consists of 76 lots – Commission District 4.

            Request for approval and authorization to release a Maintenance Bond, in the amount of $8,417.74, for Eden Estates. Eden Estates consists of 17 lots – Commission District 4.

            Request for approval and signature on Agreement between State of Florida, Department of Environmental Protection, Land and Water Conservation Fund Program, and Lake County, for Palatlakaha Environmental Reserve project. (Check was presented to the Board at the November 15, 2005 BCC Meeting)

            Request for approval, acceptance, and execution of Subordination of Utility Interest Agreement between Lake County and Florida Power Corporation, d/b/a Progress Energy Florida, Inc., on North Buckhill Road (No. 2739).

            Request for approval and execution of Cooperative Agreement for Exchange of Interests between Lake County and St. John's River Water Management District; and Perpetual Access Easement, in conjunction with Lake County Sleepy Hollow Realignment Project and St. John's Harris Bayou Project.

            Request for approval and authorization to accept final plat for Windsong at Leesburg, and all areas dedicated to the public, as shown on Windsong at Leesburg final plat; accept Performance Bond, in the amount of $1,693,398.39; and execute Developer's Agreement for Construction of Improvements between Lake County and The Ryland Group, Inc.  Windsong at Leesburg consists of 185 lots – Commission District 3.

            Request for approval and authorization to release Letter of Credit for Performance, for Grand Island Ridge, in the amount of $319,000.00; accept Letter of Credit for Maintenance, in the amount of $106,510.70; execute Developer's Agreement for Maintenance of Improvements between Lake County and Palmer Homes, Inc.; and execute Resolution No. 2005-207, accepting following roads into County Road Maintenance System: Cadet Road (CR No. 6345), Scout Court (CR No. 6345A), Spirit Court (CR No. 6345B), Cavalier Court (CR No. 6345C), and Regiment Drive (CR No. 6345D). Also, accept Cashier's Check for Performance, in the amount of $1,597.20; and execute Developer's Agreement for Construction of Improvements between Lake County and Palmer Homes, Inc.  Grand Island Ridge consists of 68 lots – Commission District 5.

            Request for approval and authorization to accept final plat for Estates at Sunnyside, and all areas dedicated to the public, as shown on Estates at Sunnyside plat. Estates at Sunnyside consists of 14 lots – Commission District 1.

            Request for approval and signature on Resolution No. 2005-208, authorizing posting of speed limit signs on following roads in Clermont area:

            Courtyard Lane                       1528B

            Marsh Hammock Way            1631

            Water Fern Circle                    1631A

            Water Orchid Avenue             1631B

            Marsh Elder Street                  1631C

            Winding Marsh Street             1631D

            Golden Club Street                 1631E

            Switch Crane Street                1631F

            Berry Groves Road                 0421

            Request for approval and execution of First Amendment to Interlocal Agreement between Lake County Board of County Commissioners and City of Tavares, for Tavares Western Connector Design and Construction Project.

            ADDENDUM NO. 1

            COUNTY MANAGER’S CONSENT AGENDA

            Community Services

            Request for approval of corrected Addendum Florida Agency for Persons with Disabilities Medicaid Waiver Services Agreement, from November 1, 2005 through October 31, 2008.

            Request for approval of corrected Addendum Florida Agency for Persons with Disabilities Medicaid Family and Support Living Waiver Agreement, from November 1, 2005 through October 31, 2008.

            ECONOMIC DEVELOPMENT AND TOURISM

            LAKE COUNTY JOBS GROWTH INVESTMENT TRUST FUND PROGRAM

            Mr. Greg Mihalic, Economic Development and Tourism Director, addressed the Board stating that the County’s Jobs Growth Investment (JGI) Trust Fund program, which has been around for many years, has a component for disabled workers, but it has not been used in 7 ½ years.  He stated that he feels the biggest constraint against it is that it requires an employer to hire at least five disabled people, in order to qualify for it.  He stated that the revised procedure allows a $3,000 payment to be made to employers for each disabled worker they hire, to cover some of the extra expenses involved with hiring said individuals.  He stated that the Industrial Development Authority (IDA) brought the issue up approximately nine months ago, asked staff to look at it, has had several meetings since then, and recommends the changes.  He stated that staff believes it will allow the program to be used in partnership with those employee service providers that deal with disabled people, such as Sunrise ARC of Lake County, Inc., so staff feels it is a very positive step for JGI and for the County.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development and Tourism for approval of a new Jobs Growth Investment (JGI) Trust Fund procedure, to assist companies in employing and training persons with disabilities; approval to award $3,000 per position created and filled; and approval to work with and process applications for employment and follow-up through companies in Lake County who currently provide worker training and placement of the disabled.

            ENVIRONMENTAL SERVICES

            ALTERNATIVE WATER SUPPLY FOR COUNTY PROVIDED BY ORLANDO

            UTILITIES COMMISSION

            Mr. Sandy Minkoff, County Attorney, stated that the County was involved in litigation with the Orlando Utilities Commission (OUC) regarding its Consumptive Use Permit, which resulted in a settlement, allowing the County to have OUC develop up to five million gallons of an alternative water supply for the County.  He stated that the cities and the County have been participating in the water alliance and what this request does is allow the County to exercise its option and begin the negotiation process of setting aside that alternative water.  He stated that this is not a binding commitment, because the contract then provides, over the next year, of trying to negotiate the final contract for that alternative water supply.  He stated that staff was recommending the County exercise its option to begin that negotiation process.  He noted that Commr. Hanson is on the water alliance with the cities and will continue to work with them, as the County goes forward in this process.

            Commr. Pool questioned whether Conserv II qualifies, or whether the amount was above and beyond what Conserv II now delivers to Lake County.

            Mr. Minkoff stated that Conserv II would be a part of it, but that this request deals with an alternative water supply for drinking water.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Environmental Services for approval for Lake County to exercise its option, by notifying the Orlando Utilities Commission (OUC) in writing, on or before January 1, 2006, of its decision to obtain water from an Alternative Water Supply Project to be developed by OUC and the quantity of alternative water to be utilized by Lake County.

            GROWTH MANAGEMENT

            PROPOSED PURCHASE OF PROPERTY ADJACENT TO DORA CANAL

            Commr. Stivender informed the Board that she asked that this request be pulled for discussion, because, after talking with Mr. David Hansen, Public Lands Program Manager, and Ms. Cindy Hall, County Manager, she feels there are some things that the County needs to investigate, as it moves forward with this matter.  She stated that the majority of the property is wetlands and is surrounded by the City of Tavares, who automatically requires in their ordinances that wetlands be preserved, so she is not sure whether the County would want to purchase all of the proposed property, when it could use the $350,000 asking price for said property on another site that may be more suitable, however, noted that she was not sure exactly how much usable acreage is available.  She stated that she wanted the Board to be aware that she was not real comfortable spending the $15,000 for the property to be evaluated, but, in talking with Ms. Hall and Mr. Hansen, she feels the County has to do it, in order to move forward and find out how much of the property is usable and to get an appraisal of the property.  She stated that she wanted the Board to be aware of what is going on and get their feelings on the matter.

            Commr. Cadwell questioned, with regard to the evaluation of the property and the appraisal, whether the land use that currently exists and the types of rules that govern the land would be taken into consideration.

            Mr. Minkoff stated that it would and that one of the reasons Mr. David Hansen, Public Lands Program Manager, did not bring a contract back to the Board right away is because he has some of the same concerns that have been alluded to.  He stated that, until staff sees the appraisal and environmental studies, they do not know what the property is worth.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Environmental Services for approval and authorization for staff to evaluate a 28 (+/-) acre parcel of property, located adjacent to the Dora Canal, for purchase.

            PRESENTATIONS/PERSONAL APPEARANCES

            The Chairman presented Employee Awards, as follows, with Ms. Sharon Wall, Employee Services Director, commenting about each employee’s service to the County:

            EMPLOYEE AWARDS

            Presentation of Award to Employees with Five Years of Service

            John D. Wight, Contracting Officer, Procurement Services

            Edith M. Hendrickson, Library Assistant, Community Services/Library Services

            Robert A. Armas, Firefighter/EMT, Public Safety/Fire and Rescue

            Michael J. Timpanaro, Plans Examiner I, Growth Management/Building Services

            (Not Present)

            Roger D. Warren, Equipment Operator IV, Environmental Services/Solid Waste

            Operations (Not Present)

            Sherry W. Aldrich, Office Associate IV, Public Safety/Fire and Rescue

            Aaron J. Chaddick, Network Administrator, Information Technology/Information

            Systems

            Presentation of Award to Employees with Fifteen Years of Service

            Leon F. Burton, Environmental Inspector, Environmental Services/Solid Waste

            Operations (Not Present)

            John M. Bringard, Outsourcing Contracts Manager, Public Works/Road Operations

            BOARD/COMMITTEE PRESENTATIONS

            The Chairman presented the following plaques and certificates:

            PLAQUES

            Board of Building Examiners

            Debbie Vanier – for service from 1999-2005 (Not Present)

            Cultural Affairs Council

            Dorothy Vedder – for service from 2000-2005

            CERTIFICATES

            Comprehensive Health Care Committee

            R. Patton McConnell – for service from 2003-2005

            Cultural Affairs Council

            Jonathan Cherry – for service from 2001-2005 (Not Present)

            Sydra Nightingale – for service from 2003-2005 (Not Present)

            Sandra Stura – for service from 2003-2005 (Not Present)

            Elder Affairs Coordinating Council

            Dr. Thomas Cook – for service from 2004-2005 (Not Present)

            Impact Fee Committee

            Tennyson Legg – for service from 2004-2005

            Sue Tucker – for service from 2004-2005

            Library Advisory Board

            Helen White – for service from 1999-2005

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            BUDGET

            APPEAL BY HAWTHORNE RESIDENTS COOPERATIVE ASSOCIATION, INC.

            REGARDING REFUND OF SCHOOL IMPACT FEES

            Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was a request for an educational impact fee refund for some lots at Hawthorne that qualified earlier this year for the exemption.  He stated that staff was recommending approval of the request.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Budget for approval of an appeal by Mr. Charles Johnson, on behalf of the Hawthorne Residents Cooperative Association, Inc., for a refund of school impact fees that were paid on three lots.  Sago Palm at Hawthorne is an approved adult only community.

            Mr. Dan Gordon, Manager for Hawthorne, addressed the Board stating that this request involved an informal process that got fouled up.  He suggested that the Board either formalize the process, or give the County Manager and the County Attorney the authority to correct any mistakes that might be made in the future.  He stated that he was insulted by the fact that he had to come before the Board, in order to get the money back, when everybody agreed that there was a problem.   He noted that he first applied for the refund in November of 2004.

            Commr. Hanson stated that Mr. Gordon made a good point and that she felt the County’s Impact Fee Committee would be looking at some recommendations.

            PRESENTATION

            STATEWIDE TRAILS PROGRAM BY FLORIDA DEPARTMENT OF

            ENVIRONMENTAL PROTECTION, OFFICE OF GREENWAYS AND TRAILS,

            AND UPDATE ON BLUEWAYS PROGRAM

            Ms. Blanche Hardy, Environmental Services Director, addressed the Board and gave a brief update on the County’s Blueways Program, noting that, at the end of October, the County received notice from the Florida Fish and Wildlife Conservation Commission that they tentatively approved the County’s Blueways Program and, on November 7, 2005, a staff meeting took place to discuss the permit, the appearance of the markers, the installation of same, and promotion of the Blueways Program.  She stated that they emailed the Florida Fish and Wildlife Commission requesting clarification regarding the permit, as well as additional specifications on the installation of the signs, and provided them with an illustration of the proposed marker.  She stated that all of those things have been taken care of, at which time she displayed a copy of the marker, for the Board’s review.  She stated that the County was told by the State that they could add a couple of markers, if they wanted to, so they sent the Water Authority a letter on November 21, 2005, asking if they would like to include markers for Hickory Point, on the Lake Harris Run, and for the Flat Island Preserve, on the Lake Griffin Run, and are waiting for a response.  She noted that she was very happy to inform the Board that the County’s blueways is now on the State’s big map.

            Mr. Jim Wood, Assistant Director, Department of Environmental Protection (DEP), Office of Greenways and Trails, addressed the Board stating that his office, which is based in Tallahassee, is a sister division of the Florida State Parks Program at DEP.  He stated that, in 2002, they hosted, in coordination with Lake County and other counties in the Central Florida region, the National Trails Symposium, and one of the reasons it was possible to bring it to this area is because of all the projects that are going on in this community, with regard to trails and greenways.  He gave a brief overview of the Greenways and Trails Program, noting that the Board would be able to see where Lake County sits, in the context of some things that his office is doing at the State level, at which time he gave a power point presentation regarding a statewide plan was done for greenways and trails.  He stated that there were regional greenways task forces and many agencies and communities around the State were involved in developing it back in the late 1990s.  He stated that it was approved by the Legislature in 1999 and defined many of the things that their program does and the work that they do with communities throughout the State on greenways and trails.  He stated that the plan was a series of action steps, with recommendations, for everything from public outreach to what to do to focus on resources, buying land, and developing greenways and trails throughout the State.  He stated that, as a companion to the written plan, a series of maps were developed at that time, being an ecological greenways map and a series of trail network maps.  He stated that the ecological network defines an ideal world, if they were able to acquire and protect, either through public or private ownership, lands throughout the State, to create a connected system of conservation lands, at which time he pointed out areas on a map contained in the Board’s backup material of lands that could be protected.  He stated that what it attempts to do is bring together and connect some of the large conservation lands in the State, such as the national forests, national parks, state parks, state forests, etc., which is focused on wildlife connectivity.  He stated that, within that greenways network, his office has identified, in their work with the University of Florida, ten critical linkages, which serve as the road map for the priorities that they focus on.  He stated that those ten critical linkages are those that his office would want to spend the most priority on throughout the State.  He stated that, in companion with the ecological greenways network, he mentioned a series of trails maps, noting that, originally, in 1999, when that plan was completed, there was a version that was done and there was so much master planning going on at the local levels that, in 2004, his office updated said maps, at which time he noted that what the Board had before them this date was the revised version of said maps.  He stated that said maps represents a vision and includes some sections, which already exist.  He stated that it can be said that Central Florida is on the leading edge, in terms of trails and working community to community and within counties.  He stated that one of the other maps contained in the backup material is the hiking trails network, which he noted conforms to the congressionally designated national scenic trail.  He stated that Florida has one of eight national scenic trails in the Country and said map is a hiking foot path that has been in the making for nearly four decades, which will consist of 1,300 miles, when it is completed, running from Pensacola into south Florida, with portions of it running through Lake County.  He stated that a good portion of it is completed, but there is still a great deal to go, in terms of totally completing it.  He stated that it is a focus for their program and they work with the U.S. Forest Service and the Florida Trail Association and other communities, to help make it a reality in Florida, which he noted is, in essence, an Appalachian Trail for Florida.

            Mr. Wood stated that there is a Paddling Trails Network map, as well, which identifies waterways that are appropriate for designation as paddling trails within the State, some of which are already designated.  He pointed out how important it is to work with partners and the fact that, because trails and greenways are linear and cross through multiple jurisdictions, management often requires the work of many people.  He stated that they are partnership projects and his office is just one small piece of the pie, in helping to bring greenways and trails together, along with the many communities and other organizations throughout the State.  He stated that his office directly manages eight state trails, one of which runs through part of Lake County, which is the Van Fleet State Trail.  He stated that his office also manages the Cross Florida Greenway, which is the former Cross Florida Barge Canal, which in the early 1990s was converted to a conservation and recreation area.  He stated that, if one has driven down I-75 and wondered what the landscaped bridge over the interstate in the Ocala area is, it is the crossing for the Cross Florida Greenway.

            Mr. Wood stated that Ms. Kate Perkins is the Regional Coordinator for this part of the State and is one of three people who act as liaisons between his office and the local communities, in trying to help bring it all together.  He stated that his office has a program to purchase land for trails, however, noted that Florida Forever is the State’s land buying program for conservation lands.  He stated that 4.5%, or $13.5 million, is focused on the purchase of trails, with eligibility for it being determined on whether or not the County is on the original trails maps that he reviewed with the Board earlier in the meeting.  He stated that, if a project is not on those maps, it is not eligible for funding, under their program.  He stated that one of the unique elements about their acquisition program is the fact that they purchase land at the State level, but then the local governments will often sublease the land, so that they are able to manage it more within the community.  He discussed the West Orange Trail, with regard to partnerships, noting that it was one that was purchased in phases through their program and Orange County is the lead, in terms of the management and day to day operations.  He stated that the funding came from the State to buy the land, which allowed Orange County to have more of its local resources directed toward development of the trail.  He stated that his office also administers a Federal Recreational Trails Program, which provides funding for trail development, noting that all communities are eligible for funding for that.  He stated that his office has a Designation Program, which recognizes individual projects, as well as indicates that it is part of the statewide system of greenways and trails, at which time he noted that over 700,000 acres have already been designated as part of the State’s system of greenways and trails.  He stated that a provision in the Florida Statutes provides for private landowners to have liability protection, if they were to designate some of their land as part of the State Greenways and Trails System, which is an incentive to encourage private landowners to become part of the system.

            Mr. Wood stated that another big part of what his office does is outreach and promotion, noting that a lot of information is now known about the benefits of trails in communities, in that it can raise the value of houses.  He stated that, in Florida, they have seen the benefits, in terms of tourism, quite a bit.  He stated that state parks and trails generate an important part of the State’s economy, so his office tries to promote that, through many of the things they do.  He stated that they work hand in hand with Visit Florida on many projects, at which time he displayed a brochure that was completed last year, which he noted came out of the realization that information about bicycle trails was the single most requested item they had at the visitor Welcome Centers in Florida, which was a direct result of that.  He stated that they also have a Quarterly Newsletter that tells a little bit about their program and an Online Trails Guide, to help visitors find their way to some of the places within the State.  He stated that another thing his office has is a planning oriented website that they do, in conjunction with the University of Florida, which allows people to view the trails data and submit updates to the information.  He stated that they are in the process this year to do that, so anyone can go on and look at the information which he reviewed and submit data to his office, which is very important, because they try to serve as a central clearing house for trails data in the State of Florida.  He noted that some Local/Regional Trail Projects are as follows:

·         Central Florida Loop – planned 200 mile multi-use trail loop and greenway

·         South Lake Trail – important regional connector

·         Lake Apopka Loop Trail – planned 54 mile multi-use loop trail around Lake Apopka

·         Leesburg Trails – Leesburg-Wildwood Trail, the Fountain Lake Trail, and the Tav-Lee Trail, Phase II

            Mr. Wood stated that another project his office has been involved with is part of the St. Johns River Alliance, with the focus being on the environmental, cultural, and other benefits of that basin and how to protect them.  He stated that, within that alliance, there is a committee, the St. Johns River Alliance Corridor and Trails Committee, to focus on the recreational assets, trails in particular, and his office (OGT) has been working to try to help facilitate identification of those things that exist.

            Mr. Herb Hiller, Chairman of the St. Johns River Alliance Corridor and Trails Committee, addressed the Board stating that they are engaged now, through corridors and trails, on working the middle base of the St. Johns River as a model section for completing a 310 mile long river trails system, which they hope to complete in our lifetime.  He stated that the Office of Greenways and Trails (OGT) has been very helpful to them, with regard to same.  He stated that that model is underway at the present time, through considerable cooperation from Volusia, Putnam, and now Lake County.  He stated that they expect it to be their most active trails development project for the River Alliance.  He referred to a program that is being started in the City of Lake Helen, in Volusia County, at the Florida Discovery Bicycling Center, which will introduce a bicycle touring and adult bicycle training program year-round that will include trail rides through the middle basin and that will utilize part of Hwy. 19 through Lake County, as well as other roads in the area.

            Mr. Gene Molnar, President of Lake County Rails to Trails, addressed the Board stating that his group will continue to cooperate with the County and will bug any and everybody at every opportunity.  He stated that they are proud of what the County is doing, noting that they like the sound of money in the County budget, the Florida Department of Transportation (FDOT) budget, and the Metropolitan Planning Organization (MPO) budget.   He stated that he did not know about the total dollars, but, hopefully, the percentages will not change, but remain the same.  He then noted that he had some brochures about the Rails to Trails Program that he would like to have distributed at the State level.

            PRESENTATION

            ENHANCED PROGRAMS FOR PARKS AND ROADS IN UNINCORPORATED

            LAKE COUNTY

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that the issue of enhanced programs for parks and roads in the unincorporated areas of Lake County came up at a workshop meeting that was held recently, so staff sat down and worked on putting something together to identify projects and issues associated with the County’s parks, its existing county maintained clay roads system, and its non-county maintained roads and how the County could wrap it all together into some kind of a program, which he elaborated on.  He stated that Mr. Roberto Bonilla, the new Parks and Recreation Division Director, would be reporting to work on Monday, December 19, 2005, and staff was looking forward to working with him on this matter.  He noted that the South Lake Trail, which is scheduled to begin construction on January 2, 2006, is one of the trails on the list that staff put together.  He stated that the County has an impact fee for parks, but it does not have an established revenue source for parks maintenance and/or parks development; there is a need for a funding source to maintain the roads that are in the County today; and the County’s road projects need to be looked at, to see if there is adequate right of way.  He stated that he and Commr. Cadwell talked at length about modifying the County’s special assessment program in a way that the County knows it has needed right of way and participation from the property owners that support the County continuing to maintain some type of a road, such as lime rock or clay, that can be permitted and would be acceptable to the residents, with the understanding that a funding source would be put together for it.  He stated that the County has a municipal service tax, it is just a matter of whether or not the Board would want to utilize it, or any other funding source, to help fund and support a program that would include parks maintenance, existing road maintenance, and a potential program for non-county maintained roads.

            Commr. Cadwell questioned whether there would be a different level of maintenance, noting that there may be a group of clay roads that need only once or twice a year maintenance and whether they would be accepted with that understanding.

            Mr. Stivender stated that, in fairness to everyone, they are either in or not in.  He stated that it is hard to make a judgment call, so staff is looking at an in or not in – it is not a case of something in between.

            Commr. Pool stated that the problem with that is that those people that live on roads that are not “in” are going to say that they are paying their taxes, but the County is not helping them, they are only helping the other guy get his road taken care of.

            Commr. Cadwell stated that there are people that want to live in the unincorporated areas, but are also demanding a higher level of service, and this is a way for them to have it and pay for it themselves, as opposed to the cities paying for it.  He stated that, if one were to look at the transportation picture in Lake County for the next 20 years, the only way to do anything with the dirt and clay roads in the County is to pay for it out of ad valorem taxes, or find another revenue source, but the County is getting ready to build some additional parks and is going to need maintenance money for them.

            Commr. Hanson questioned whether the costs would be split in thirds, or whether it would be as budgeted, and was informed by Ms. Hall, County Manager, that that is something that would be brought back to the Board and fine tuned during the budget process, noting that it was just a conceptual idea that was being presented to the Board this date.

            Commr. Hanson stated that it will not solve all the problems and needs, but it is a start, noting that, at the present time, the County does not have any funding source to pay for it.  She questioned when staff anticipates they will bring the matter back to the Board and was informed by Ms. Hall that, if there was a general consensus, staff would plan to bring it forward to the Board throughout the budget process in the Spring, which would allow plenty of time for public comment.

            PRESENTATION

            CR 466A (MILLER STREET) DESIGN PROJECT AND PROJECT

            DEVELOPMENT AND ENVIRONMENTAL STUDY (PD&E) CONDUCTED BY

            CITY OF FRUITLAND PARK

            Mr. Fred Schneider, Director of Engineering, Department of Public Works, addressed the Board stating that there are some major road projects in the County that staff wanted to speak to the Board about in the Lady Lake, Fruitland Park, and Clermont areas, some of which have been in the process for one to two years.  He stated that Project Development and Environmental Studies (PD&E) have been performed and completed for them and, as part of it, the City of Fruitland Park has also performed a PD&E study, as well as the Town of Lady Lake.  He stated that the County is moving forward with said projects and wanted to present to the Board where they are in the design process.  He stated that part of that design is going to entail right of way acquisition, which is going to impact residences, businesses, etc., and staff wanted the Board to be aware of what those would be.  He stated that, with regard to the CR 466 project, the PD&E study did not identify any residential or business impacts; however, it did identify several residential and business impacts on the CR 466A PD&E study.  He stated that said information was given to the City of Fruitland Park on October 28, 2005, and the City was asked whether they wanted to continue with the corridor alignment that they determined they would like to have and the County was informed that the City did want to continue with said alignment.  He stated that the impacts will be on the north side of CR 466A only, as the City wants the right of way to be taken from just one side of the road.  He stated that the majority of the homes are in the unincorporated area, with a few being in the City limits.  He stated that the County will move forward with the project, however, noted that more public meetings will be held.  He stated that staff feels the best thing to do is communicate with the Board, the public, and the homeowners in the area, to try to get the information out and keep the Board informed about where some of the projects are headed.

            Mr. Fred Brickett, with Kimley-Horn and Associates, Inc., one of the County’s consultants, addressed the Board and gave a power point presentation regarding the CR 466A project, noting that its limits extend from the Lake County/Sumter County line to U.S. 27.  He stated that CR 466A is in need of improvement, because of the ongoing explosion of growth and development in the area.  He stated that, as Mr. Schneider mentioned, a PD&E study was conducted and an alignment of two sections was recommended as part of that study.  He stated that the two sections are four-lane divided urban sections, with a raised median, curb and gutter, bike lanes, and sidewalks.  He stated that they are partnering with the City of Fruitland Park and are committed to continue that partnership.  He stated that, from the recommended alignment and typical sections that were approved, they are looking at approximately sixteen residential relocations and three business relocations, however, noted that they are going back and re-evaluating the alignment, to minimize those relocations.  He stated that something else they are looking at is re-evaluating the pond sites, trying to make best use of some of the properties that they have to purchase.  He stated that they anticipate the design and permitting process to be completed by the summer of 2007.

            Mr. Brickett stated that, with regard to the CR 25A project, it extends from Fruitland Street to U.S. 27.  He stated that the purpose of the project is not to increase capacity, but to improve overall safety for both the motorists and the pedestrians.  He stated that they are looking at two sections, all within a 40 foot right of way.  He stated that there will be two lanes of traffic, with bicycle lanes and a sidewalk on one side.  He stated that they are doing a preliminary engineering phase that will give the County the basis for the design criteria.  He stated that they are partnering with the City of Fruitland Park, which is being done in conjunction with the CR 466A project.  He stated that they are improving the U.S. 27 intersection, noting that they are going to find ways to make it a little better.  He stated that the project will move forward, with the intent of minimizing impacts, noting that they do not look at having any relocations, or very much land acquisition.  He stated that they expect to have the design and permitting aspect of the project completed by the end of 2006.

            RECESS AND REASSEMBLY

            At 10:12 a.m., the Chairman announced that the Board would recess for a special Metropolitan Planning Organization (MPO) presentation, to be held in the Rotunda of the Lake County Administration Building.  She noted that the Board Meeting would resume immediately following the presentation.

            PRESENTATION

            LAKE COUNTY TRANSPORTATION REGIONAL INCENTIVE PROGRAM

            (TRIP) FUNDING FROM FLORIDA DEPARTMENT OF TRANSPORTATION

            Commr. Debbie Stivender, Chairman of the Lake-Sumter Metropolitan Planning Organization, announced at a special ceremony that was held in the Rotunda of the Administration Building that the District 5 Office of the Florida Department of Transportation had awarded the Lake County Transportation Regional Incentive Program (TRIP) funding, in the amount of $5 million, for the purpose of improving CR 466.  It was noted that the funding was approved, because of a 50% match by The Villages and the Lake County Board of County Commissioners, but that said project could not have become a reality without the local cooperation of Lake County, Sumter County, The Villages, and the Town of Lady Lake.

            PRESENTATION

            CR 466 DESIGN PROJECT AND PROJECT DEVELOPMENT AND

            ENVIRONMENTAL STUDY (PD&E) CONDUCTED BY TOWN OF LADY LAKE

            Mr. Fred Brickett, with Kimley-Horn and Associates, Inc., readdressed the Board stating that the CR 466 project is needed, with the growth and expansion of that corridor, noting that the project limits are from the County line east of U.S. 27 to Lake Griffin Road.   He stated that the project has been split into two segments, noting that Segment A is the responsibility of The Villages, for design and construction, and Segment B will be done by the County’s consultants.  He stated that Segment A runs from the County line to Rolling Acres Road, noting that said section matches what was constructed in Sumter County, which is a four-lane divided road, with bicycle lanes and sidewalks on both sides.   He stated that Segment B runs from Rolling Acres Road to Lake Griffin Road, which runs through the Town of Lady Lake.  He stated that it is a somewhat reduced plan, with a typical section that was recommended in the PD&E phase – 88 feet of right of way, but is still divided, with bicycle lanes and sidewalks.  He stated that, on the east side of U.S. 27, they are keeping within the existing right of way and improving the existing two lanes, to add the bicycle lanes and sidewalks on both sides.  He stated that the study was completed in 2004 and they are partnering with the Town of Lady Lake, who has been involved through the PD&E process, and are continuing with the current discussions.  He stated that right of way will be required, but they do not see any relocations being needed.  He stated that they are moving forward with advanced right of way acquisition, which he feels will pick up a little, as they move forward.  He stated that they anticipate design and permitting to be completed by the end of 2006.

            Mr. Brickett stated that Lake Ella Road is a project that they are doing that runs from April Hills Road to east of U.S. 27, tying into Eagles Nest Road.  He stated that the purpose of this project is to provide a more direct connection for Lake Ella Road to Eagles Nest Road, as opposed to the alignment that currently exists.  He stated that they have not come to a conclusion yet, but are looking at a four-lane divided road, which would facilitate the needs of upcoming developments.  He noted that one of the important things about this project is that they are partnering with the property owners regarding right of way.  He stated that a signal will be added at U.S. 27 and they anticipate design and permitting to be completed by the end of 2006.

            Commr. Cadwell questioned whether anything could be done with the hill at the intersection of Eagles Nest Road and U.S. 27 and was informed that the State will be handling the U.S. 27 portion of the project and that they may make some improvements at that intersection.

            Commr. Pool   questioned whether those projects that have sidewalks planned for both sides of the road could be changed, to where the sidewalk would be installed on one side of the road only and expanded for a trail opportunity.

            Mr. Brickett stated that, through the PD&E phase of the project, there has been a lot of discussion about that very subject, with regard to CR 466.  He stated that Segment A, which The Villages is going to be constructing, is going to have a wider width sidewalk/trail on one side of the road (south side, from the County line to Rolling Acres Road), however, noted that the other part will have sidewalks on both sides of the road, because a little narrower right of way is involved.

            PRESENTATION

            HARTLE ROAD PROJECT DEVELOPMENT AND ENVIRONMENTAL (PD&E)

            STUDY AND DESIGN OF HARTWOOD MARSH ROAD

            Mr. Kent Black, with HNTB Corporation, consultants for the County, addressed the Board and gave a power point presentation on the Hartle Road Project Development and Environmental (PD&E) Study and design that is currently underway for the four-laning of Hartwood Marsh Road, from U.S. 27 to the County line.  He stated that there will be a quick preliminary engineering phase and then the final design of South Hancock Road, from where it currently terminates from Hartwood Marsh Road to U.S. 27, opposite Lake Louisa Road.  He stated that what they are looking to accomplish is to develop an east/west roadway system that parallels S.R. 50, as a reliever to it, and create some north/south corridors, as an alternative to U.S. 27 and the interchange at S.R. 50.  He stated that the Hartle Road study area will extend on the south from Hartwood Marsh Road to S.R. 50, noting that the County is already working on the realignment of Hartle Road on the north, to be opposite CR 455, which will then be a straight shot to the South Lake Trail area of the County.  He stated that part of the study area for the Hartle Road project also includes Johns Lake Road, at which time he gave some alternatives, as to why they are looking at that extended area, as well.  He stated that there are some constraints along the corridor, particularly between several subdivisions, which will be a challenge, in terms of giving it a nice four-lane divided corridor, so they are looking at some alternatives to coming through that area.  He stated that the PD&E study is really a preliminary engineering and environmental screening study, noting that they are looking at fatal flaws environmentally and they are also looking to establish what the preferred alternative and alignment is, with considerable input from the public and from their partners - the City of Clermont and the County.  He stated that the study process involves collecting a lot of engineering, traffic, and safety data, as well as public input and concern, and then a whole range of environmental evaluations are looked at, such as cultural resources and threatened and endangered species, which they evaluate.  He stated that they also look for the existence of right of way and easement areas that will be able to facilitate the corridor.

            Mr. Black displayed a graphic identifying their project study schedule, noting that they are currently working through the data collection process and will start the alternatives analysis right after the first public meeting and will then move towards the Spring of 2006 and into early Summer, developing a preferred alternative, in conjunction with the City of Clermont and the homeowners and property owners along the corridor.  He stated that public involvement extends throughout the entire study effort, noting that their first public meeting is a kickoff meeting, which will take place on Thursday, December 15, 2005, from 5:00 p.m. to 7:00 p.m., at the Lake-Sumter Community College south campus, located on North Hancock Road, where they will be able to receive formal public input.  He stated that they will also be available for neighborhood and group meetings on the PD&E study and they have launched a website, as well, that will keep people informed about the progress of the study and the other design projects.

            Mr. Black stated that one of the key issues of the project is establishing a need, which is to have an additional north/south corridor in the area in question, which is a fast growing area of Clermont.  He stated that neighborhood impacts and working through them, as they develop a typical section of the alignment, will be critical.  He stated that the trails will be multi-use along this section of the County and the tie in to Hartwood Marsh Road will be very sensitive, as new development occurs in that area, at which time he noted that they will be working with those developers, to make sure that they get an alignment that is conducive with their development plans.  He stated that they will address any potential noise impacts, which is part of the scope of this project, and traffic safety is always a concern, so they will be addressing any safety concerns, with horizontal and vertical alignments and other geometric issues related to the roadway.  He stated that another one of the key elements will be to look at the existing right of ways and easements and opportunities to minimize the cost of the project, by having partnerships with stake holders along the corridor.  He addressed alignment alternatives, noting that Alternative 1 is a four-lane roadway, which would extend from Hartwood Marsh Road to SR 50, and would follow the existing alignment of Hartle Road.  He stated that the potential impacts are providing a full width typical section for a four-lane divided roadway, going through a pretty constrained neighborhood, with two subdivisions aligning the existing Hartle Road.  He stated that Alternative 2 (identified in red on a map contained in the Board’s backup material) is an improved two-lane section for Hartle Road, from SR 50 to John’s Lake Road, and then it calls for an improved two-lane section for John’s Lake Road, from Hancock Road to Hartle Road, so there will be an enhanced four-lanes worth of capacity, but not all of it will be going to the north.  He stated that some of it will be going to the east and some of it will be going to the north and, from that point south to Hartwood Marsh Road, there will be a four-lane divided road, which is another alternative that they will be looking at.  He stated that Alternative 3 is what they are calling the Hartle Road realignment, noting that they will use the existing alignment, south of SR 50 to a point, and then they will swing out around the subdivisions on the west side, completely avoiding that constrained area, tie it back in close to John’s Lake Road and then come down the utility easement area to Hartwood Marsh Road.

            Mr. Black stated that the other Group II projects that he mentioned earlier is the Hartwood Marsh Road final design, noting that several years ago a PD&E study was completed for Hartwood Marsh Road that recommended a four-lane divided roadway from U.S. 27 to the County line and this is the final design phase of that project.  He stated that South Hancock Road is another project that they will do a preliminary engineering study on for a corridor, to establish the alignment, and then they will complete the final design of that project, as well.  He stated that a signal warrant study has been completed for North Hancock Road, South Hancock Road, and Hartwood Marsh Road and the intersection does warrant a signal, so they will be looking at advancing a signal design for that location.

            Commr. Pool questioned how quickly that could be done and was informed by Mr. Black that it will be done as quickly as they can figure out how to get it staged up with the final design projects.

            Mr. Black stated that joint project opportunities for multi-use trails within the South Hancock Road area, which extends from U.S. 27 to Hartwood Marsh Road, will be to have at least a ten foot multi-use trail along that corridor, to extend from the north side of Hartwood Marsh Road at the County line to the Hartle Road extension and then to South Hancock Road, as well, so it will all be continuous, from South Hancock Road to Hartwood Marsh Road to the County line.  He stated that, within the PD&E study for Hartle Road, they will accommodate, within the typical sections that they evaluate, a multi-use trail north to SR 50, which will then be realigned with CR 455, making a nice connection into the South Lake Trail area.  He stated that the key issue for Hartwood Marsh Road is to widen it from two-lanes to four-lanes and to maintain realignment through the Tarmac property, eliminating the horizontal curves on the roadway.  He stated that approximately 30 acres of right of way is needed along the corridor and the County has been working very diligently on acquiring a good bit of that right of way for the roadway enhancement.  He stated that a noise evaluation will be done, as well, particularly on the west side of the Kings Ridge subdivision, as part of the final design.  He stated that they will also be doing a Phase I Preliminary Engineering Study, to establish the alignment and make sure that they are consistent with any development patterns that are occurring in the area, and then tie in opposite Lake Louisa, on U.S. 27.  He stated that they will then move very quickly into Phase II, which is the final roadway design for South Hancock Road.  He stated that their intent is to get South Hancock Road and Hartwood Marsh Road in synch, in terms of the final design, and then carry them forward and complete them about the same time.

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

            PRESENTATION OF LEGISLATIVE POSITIONS FOR LAKE COUNTY FOR

            THE 2006 FLORIDA LEGISLATIVE SESSION

            Mr. Jason Showe, Revenue Coordinator, Budget Office, addressed the Board and presented the County’s twenty Legislative Positions for the 2006 Florida Legislative Session, of which twelve are similar to ones that were presented to the Legislature last year, as follows:

            Social Services

            County Contributions to Medicaid

            Increase State Aid to Libraries Operating Grant Appropriations

            Special Appropriation for Lake County/Lake Sumter Community College Joint Use

            Library

            Fund Florida Public Library Construction Grants

            Request for Funding for New Facility for Lake County Health Department

            Funding for the Transportation Disadvantaged Program

            Medicaid HMO Program (Transportation Disadvantaged)

            Funding for the Medicaid Non-Emergency Transportation Program

            Public Safety

            Support Legislation that Assists with Funding for County Emergency Operations Center (EOC)

            Support Legislation Requiring Power Companies to Provide Electrical Grid Information to Each County’s Emergency Management Office

            Finance and Taxation

            Withholding Support from Legislation that Funds State Programs by Diverting Trust Fund Monies from the Intended Purpose by Assigning          Unfunded Mandated to Counties

            Funding State and Local Housing Trust Fund

            Support Prevention of Additional Diversions from the State Transportation Trust Fund for Non-Transportation Purposes; Begin to Phase Out            More of the Current Diversion

            Transportation

            Support the Funding for CR 466 Improvement from Two Lanes to Four Lanes

            Support the Funding for CR 470/48 Improvement from Two Lanes to Four Lanes

            Support the Funding for Hartwood Marsh Road Improvement from Two Lanes to Four Lanes

            Support the Funding for CR 466A Improvement from Two Lanes to Four Lanes

            Support the Funding for CR 437 Realignment PD&E Study

            Support the Funding for Wekiva Parkway and 46 Bypass

            Environmental

            Support the Funding to Install Water, Sewer, and Reclaimed Water Reuse Utilities and to Implement Enhancement of Groundwater Supplies         Through Recharge in the Wekiva Protection Area of Lake and Seminole Counties

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the Budget Office for approval of the twenty legislative positions for Lake County for the 2006 Florida Legislative Session, as presented.

            REPORTS - COMMISSIONER CADWELL - DISTRICT 5

            FLORIDA ASSOCIATION OF COUNTIES’ 2006 LEGISLATIVE PROGRAM

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to support the Florida Association of Counties’ (FAC) 2006 Legislative Program and endorsed the Joint Legislative Program of FAC, the Florida League of Cities, and the School Board Association.

            Commr. Cadwell asked that language be added to the County’s legislative positions indicating that the Board endorses those two groups.

            Commr. Hill informed the Board that the County’s legislative delegation will be at Lake-Sumter Community College on December 13, 2005, which the Chairman will host.

            Mr. T. J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (MPO), addressed the Board and informed them that the MPO approved ten positions, four of which went out as priorities, being: (1) Changing what is currently the charter county transit surtax, making it available to all 67 counties, as an option to match the State funds, much like the TRIP Project; (2) the three Transportation Disadvantaged positions alluded to by Mr. Showe; (3) a statewide increase in seat belt law enforcement; and (4) increasing funding for Driver’s Education at high schools.

            PUBLIC SAFETY

            CITY OF LEESBURG BUSINESS PLAN

            Mr. Bruce Thorburn, Public Safety Communications Systems Director, addressed the Board stating that, during the hurricane season of 1994, the County got very little broadcast coverage, while trying to inform the public about what the County was doing, or where it was going, pre/post the hurricanes, so, as a result, the City of Leesburg came before the Board and asked to have staff go forward and obtain another cable channel, which was allowable under the Ordinance and the County’s franchise agreement with Comcast, and offered to allow the County to connect its EOC (Emergency Operations Center), for emergency purposes, to Comcast subscribers across their fiber optic network.  He stated that the Board instructed staff to see if the County could connect to Bright House Cable and Florida Cable, as well, so that all subscribers of cable service in Lake County would have access to the EOC pre, during, and post emergency situations.  He stated that the Board asked for a Business Plan and the City has come back with one, noting that he; Mr. Gary Kaiser, Public Safety Director; Mr. Jim Perry, Assistant City Manager, City of Leesburg; and Mr. Richard Scott and Mr. Terry Longordo, with Lake-Sumter Community College TV 13, all met regarding the matter.  He stated that a suggestion was made for a formalized committee, to regulate and handle any issues that might come up, but it was staff’s opinion that a formalized committee would be arduous and unnecessary, since he has entertained a very amicable relationship with the County’s fourteen municipalities, as well as the Constitutional Officers and Lake-Sumter Community College, over the years and could continue in that vein.  He stated that, with the fiscal and operational impacts, if the County formalized a committee, it would be under the rules of the Sunshine Law, which would mean that recordings would have to take place and records would have to be kept and maintained, which he felt, administratively, was unnecessary.  He stated that another issue was the fact that the City of Leesburg agreed to pay for all the hardware needed to connect to Bright House and Comcast and the County has already, through Emergency Management, paid for the necessary hardware to connect its EOC.  He stated that they discovered there was going to be some additional need in the County’s Media Center, in that it has an antiquated computer system that should have been replaced years ago, so, included in this request is approval of the funding necessary to have the City of Leesburg purchase the hardware and then have the County reimburse them for it and the connectivity necessary for the approximately four or five percent of subscribers that are provided for by Florida Cable, Inc.  He stated that staff believes they can handle any situation that might arise amicably, but, in the unlikely event of a problem, since the Board is the authority for all franchises in the County, staff can come back to them at that time.

            Mr. Perry, Assistant City Manager, City of Leesburg, addressed the Board stating that a set of equipment is required for each cable entity that is hooked up to, which cost approximately $6,000, and, in order to move this request forward, the City has asked the County to provide the third component for the remaining cable system.  He stated that, as the existing cable companies expand, the governmental channel would be available to all basic tier subscribers on any of the systems under the City of Leesburg Business Plan.  He stated that, should another cable system come into the County, it would require the additional expenditure of approximately $6,000, just to get the equipment going.  He stated that, as it sits at the present time, they are covering all of the Comcast subscribers.  He stated that they began broadcasting in March of this year, moved to Channel 22 on the Comcast system May 1, 2005, and are now ready to move forward with the south Lake County area, at which time he noted that the Business Plan spells out how the municipalities and the constitutional officers would have access to the constituents through said channel.

            Commr. Hill clarified the fact that the goal is to reach as many people as possible, especially in the unincorporated areas of the County.  She stated that she would agree with staff’s recommendation to keep it inhouse, however, questioned whether the County could come back and create the Committee alluded to earlier, should problems arise.  She was informed that that would be possible, in that it is the County’s franchise.

            Mr. Perry stated that the Business Plan explains how business would be conducted, in partnership with the Community College and the City of Leesburg, noting that it spells out in great detail that, in the event of a weather incident, the County would have absolute control over the information that is presented, not the cities, and the tiers would go down from that, as far as public meetings, press releases, or briefings to the public is concerned.  He stated that, since it is the County’s franchise, should the Board choose to change that, it could.

            Commr. Hanson questioned how far the County was from being able to televise the Board of County Commissioners’ Meetings and the School Board Meetings live and was informed that it was just a matter of the Board deciding that it would like to go that route.

            Mr. Thorburn stated that the request before the Board this date was not in the cable franchise budget, so some line items would need to be added to the budget, to make sure that the City of Leesburg is reimbursed for the cost of their hardware, as well as to purchase the hardware that is needed for the County, and it only covers a three year period, so, in subsequent budget years, there will be budgetary concerns about potential recurring costs, not only for maintenance and replacement of the networks, but any software/hardware that should arise.

            Mr. Gary Kaiser, Public Safety Director, addressed the Board and cautioned them about Items 2 and 3 (contained in a memorandum in the Board’s backup material from Mr. Thorburn to Ms. Hall regarding this request), noting that the recurring costs for use of the City’s network after three years is unknown and the production costs for programming at the market rate, if so desired, is also unknown.  He stated that he was cautioning the Board about it, because these kinds of projects have a knack of taking on a life of their own.  He noted that staff will monitor it closely.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Safety for approval to accept the City of Leesburg Business Plan, with changes, and implement activation of the "Lakefront" Government Access Channel; and approval of related Budget Transfer, in the amount of $10,000.00, from Reserves (General Fund).

            OTHER BUSINESS

            APPOINTMENT TO LAKE COUNTY IMPACT FEE ADVISORY COMMITTEE

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed Ms. Nancy Lee Hurlbert, representing District 5, to the vacant Citizen-at-Large position on the Lake County Impact Fee Advisory Committee, to complete an unexpired term ending August 6, 2006. (Rescheduled from November 15, 2005 BCC Meeting)

            APPOINTMENT TO LAKE COUNTY ELDER AFFAIRS COUNCIL

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed Ms. Colleen Kollman to the vacant District 3 seat on the Lake County Elder Affairs Council, to complete an unexpired term ending January 31, 2007.

            APPOINTMENTS TO LAKE COUNTY COMPREHENSIVE HEALTH CARE

            COMMITTEE

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the appointment of Mr. Phil Braun, as the Leesburg Regional Medical Center Member representative on the Lake County Comprehensive Health Care Committee; and Ms. Joni Smith, as the Alternate Member representative.

            REAPPOINTMENTS TO LAKE COUNTY INDUSTRIAL DEVELOPMENT

            AUTHORITY

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board reappointed the following individuals to upcoming vacant positions on the Industrial Development Authority, to serve four-year terms, beginning March 10, 2006:

            Ms. Kristen Bartch

            Mr. Shannon Elswick

            Mr. Frank Gammon

            Mr. Raymond San Fratello

            Mr. Billy Spikes

            Commr. Cadwell informed the Board that he would like to set aside some time at one of the Board’s upcoming meetings to recognize Mr. Carl Lunderstadt, the current Chairman of the Industrial Development Authority, who has served as its Chairman for several years, but has asked not to be reappointed.

            Commr. Hanson asked that Commr. Cadwell work with the County Manager regarding said matter, at which time she recognized Ms. Derieth Sutton, Secretary to the Industrial Development Authority, who was present in the audience, noting that the Board appreciates all that she does for the Industrial Development Authority and the County, as well.

            REPORTS – COUNTY ATTORNEY

            INTERLOCAL AGREEMENT WITH CITY OF MASCOTTE REGARDING

            ANIMAL CONTROL SERVICES FOR CITY

            Mr. Sandy Minkoff, County Attorney, informed the Board that this request was for approval of an agreement with the City of Mascotte, where the County would be providing animal control services for the City.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval and signature on an Interlocal Agreement with the City of Mascotte, pertaining to animal control services for the City.

            REPORTS – COUNTY ATTORNEY

            SETTLEMENT OF CLAIM REGARDING ACCIDENT INVOLVING COUNTY

            FACILITIES VEHICLE

            Mr. Sandy Minkoff, County Attorney, stated that this request was for approval to settle a claim for damages sustained to a private vehicle, from an accident involving a county facilities vehicle.

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to settle a claim with Ms. Tesah Tureaud, in the amount of $4,213.50, for damages sustained to her vehicle, from an accident involving a county facilities vehicle on November 18, 2005.

            REPORTS – COUNTY ATTORNEY

            PURCHASE OF PROPERTY AT CHRISTOPHER C. FORD COMMERCE PARK

            Mr. Sandy Minkoff, County Attorney, stated that the County entered into a contract with Realvest Development, for the purchase of a parcel of property at the Christopher C. Ford Commerce Park, on August 18, 2005, at which time the purchaser was given 90 days due diligence to make a decision regarding the purchase of said property.  He stated that the Board then agreed to extend that date by 30 days, until December 16, 2005; however, the purchaser has now asked for an additional extension.  He stated that the Industrial Development Authority (IDA) addressed the request, but referred it to the Architectural Review Committee, who recommended against the additional extension, in that they believe the property can be marketed to someone else, should Realvest decide not to close.

            Mr. Greg Mihalic, Economic Development and Tourism Director, informed the Board that, on December 1, 2005, the Architectural Review Committee recommended against an extension, however, noted that they can only make a recommendation – they do not have the authority to grant the extension.  He stated that it would be up to the Board of County Commissioners to make that decision.

            Mr. George Livingston, President, Realvest Development, addressed the Board stating that his company contracted with the County to purchase Tract D, Lots 3 and 4, of the Christopher C. Ford Commerce Park; however, during the due diligence process, they discovered a significant issue, so they asked that the due diligence period be extended.  He stated that he asked for some other things, as well, that were denied and he has since agreed to drop, which he elaborated on.  He stated that the total price of the 26 acre tract that his company agreed to and has under contract is $1,950,000, or $75,000 per acre, while everybody else in the park paid $50,000, or less, per acre.  He stated that his company’s goal is to purchase the property, but there is a significant site issue that needs to be resolved, either for his company, or for the next individual proposing to purchase the property.  He stated that they were not aware that there is a 20’ wide drainage easement across the site, which was discovered during the due diligence period, noting that they did not know it was there before making an offer on the property.  He stated that they discovered after the fact that the easement is recorded, but it is not visible, noting that one cannot see it when looking at the property.  He stated that a 36 inch drainage pipe, which serves other properties within the park, runs along the easement at one end of the site and is very near the surface, which prevents them from grading the site to a level that can be developed, which significantly impacts the site design, because one cannot construct a building over an easement.  He stated that, at a minimum, it reduces use of the site to approximately half and it clearly affects value, not only for his company, but for anybody else.  He stated that it makes financing the site tough to almost impossible.  He stated that there is also a lift station on the site, which was never recorded when the City of Groveland installed the sewer and water lines.

            Mr. Livingston stated that he and his colleagues, who are developers, brokers, property managers, and real estate consultants, want to see buildings on the site and he feels the County would like to see buildings on the site, as well.  He stated that, if they were to be successful in getting this issue resolved, they feel that, with a design based on moving the drainage easement to the edge of the property, they could put somewhere between 250,000 to 300,000 square feet of industrial buildings on the site, which would put approximately fifteen to twenty million dollars on the County’s tax roll in two to three years and would create somewhere between 300 and 400 jobs.  He stated that he would like to extend their due diligence period until an agreement on moving the easement could be reached with the County and extend the closing until after the easement has been relocated and recorded, which is what is required for them to be able to finance the project, and direct staff to work with them to solve the issues in a timely manner.  He stated that, if their requests are granted, they will commit to developing a plan to relocate the easement as soon as possible and will pay for the relocation of the drainage pipe.  He stated that, when he addressed the Architectural Review Committee, he asked that the County pay to have the drainage easement relocated, which will cost approximately $200,000; however, he has now decided to eat that $200,000.  He stated that they will re-plat the site to reflect said changes and current market conditions, record the lift station legal description, and start the site plan approval process as soon as it is determined where the easement will be located.  He stated that they already have a significant amount of money invested in this project and are trying to fix a problem that they did not know existed, until after they entered into the contract.  He stated that they want to purchase the site and intend to seek major tenants as users, but the easement issue needs to be fixed.

            Commr. Hanson questioned whether Mr. Livingston was stating that his company would be willing to pay for the relocation of the easement and was informed by Mr. Livingston that that was correct, but that it would need to be relocated to the edge of the property.

            Commr. Stivender questioned how long it would take to do that and was informed by Mr. Livingston that it depended on how quickly the County responded.

            Commr. Cadwell interjected that Mr. Livingston was oversimplifying the matter, noting that this was the first time that the County had heard anything about Realvest being willing to pay the cost of having the drainage easement relocated.  He stated that, before now, it had been a big bone of contention.

            Mr. Mihalic readdressed the Board stating that he did not feel relocating the drainage easement should hold up the closing on the property.

            Commr. Cadwell stated that the County had not considered moving the easement up to this point, because Realvest wanted the County to pay the cost of moving it.  He stated that the cooperative attitude being displayed by Mr. Livingston was not what it had been.

            Mr. Mihalic stated that Realvest has until December 31, 2005, to close on the property.

            Commr. Stivender questioned why holding off on the closing would be a problem and was informed by Mr. Minkoff, County Attorney, that it would cost the County a lot of money, noting that, if the closing occurs on December 31st, the County will have approximately $2 million in its hands, but, if the County extends the closing for six months, it will lose the interest on that $2 million.

            Commr. Stivender questioned whether, during the closing, the County could have some stipulations in the contract that would make both Realvest and the County feel comfortable with Realvest paying the cost of relocating the drainage easement.

            Mr. Minkoff stated that the County could increase the price of the property, as part of the extension.  He stated that the easement has always been on the plat and was available for anyone bidding on the property to see.

            Mr. Livingston informed the Board that, if he did not get the extension that he was asking for, he was not going to close on the property and it would take at least six months for anybody else to close on it, so Realvest would be the most likely company to get money in the County’s pocket the quickest.

            Commr. Hanson asked if there were any other issues that had not been addressed and was informed that the issue of the easement was the only thing that needed to be dealt with.  She stated that she did not have a problem with waiting an additional 30 days, however, was informed by Mr. Minkoff that the problem could not be solved in 30 days, noting that to vacate an easement would take at least 120 days.

            Commr. Cadwell stated that the County gave Realvest one extension to their contract and it is to the point now where an additional extension will not benefit the County.  He stated that the IDA is the caretaker of the Christopher C. Ford Commerce Park property and their recommendation is to deny Realvest their request for an additional extension to their contract.

            A motion was made by Commr. Cadwell to uphold the recommendation of the IDA and not grant the additional extension requested by Realvest.

            Commr. Hill seconded the motion, for discussion, at which time she questioned whether the matter would go back to the IDA and was informed that it would not.

            Mr. Minkoff stated that Realvest would have an opportunity to honor the contract and close on the property; however, if they do not, the County will attempt to resell the property.

            It was noted that there is no issue with the County, in relocating the easement.

            The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.

            Commrs. Stivender and Pool voted “No”.

            REPORTS – COUNTY MANAGER

            CANCELLATION OF WORKSHOP MEETING

            Ms. Cindy Hall, County Manager, stated that staff did not have anything to put on the Agenda for the workshop meeting scheduled for Tuesday, December 13, 2005, therefore, questioned whether the Board would like to cancel it.

            Commr. Hanson stated that staff did not need to schedule the second Tuesday of the month as a workshop meeting day in the future, noting that, should something come up where a workshop meeting would need to be scheduled, they could schedule it at that time.

            It was noted that the meeting scheduled for December 13, 2005 was being cancelled.

            REPORTS – COMMISSIONER HILL – DISTRICT 1

            BLUE JEANS FOR BABIES DAY

            Commr. Hill stated that Wednesday, December 7, 2005, was the 7th Annual Blue Jeans for Babies Day and that, if any county employee wished to participate, they could purchase a tee shirt at any of the Lake County Tax Collector’s offices and wear it with their blue jeans on said day.

            REPORTS – COMMISSIONER HILL – DISTRICT 1

            DR. MARTIN LUTHER KING JR. MEMORIAL CELEBRATION

            Commr. Hill informed the Board that Mr. T. H. Poole, former President of the Tri-City Branch of the NAACP, asked that they mark January 6-16, 2006, on their calendars, noting that several celebrations will be held in honor of Dr. Martin Luther King, Jr. on those days, which Mr. Poole has invited the Commissioners to attend.  She stated that Mr. Poole also asked that the Board repeat the level of participation, with regard to funding, that they have done in the past.  It was noted that the Board approves a Proclamation honoring Dr. Martin Luther King, Jr. each year.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            5000 FRIENDS OF FLORIDA PROCLAMATION

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2005-209, proclaiming the Board’s support of 5000 Friends of Florida.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            LAKE COUNTY HOLIDAY PARADES

            Commr. Stivender announced that she participated in holiday parades that were held in the County on Saturday, at which time she thanked members of the Fire Departments and the Police Departments for their assistance during the parades.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            MANDATORY BIDDERS CONFERENCE

            Commr. Stivender stated that grant applications for funding from Human Services, the Children’s Services Council, and Community Development Block Grants (CDBG) are all being done together now and that the applications will be ready for pickup on Monday, December 12, 2005.  She stated that a Mandatory Bidders Conference has been scheduled for Friday, December 16, 2005, in Room 233 of the Administration Building, at 9:00 a.m., for all agencies who intend to seek said funding for Fiscal Year 2006/2007.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            LAKE COUNTY FIREFIGHTERS UNION

            Commr. Stivender informed the Board that she received a letter from the Lake County Firefighters Union and would like for staff to bring back to the Board an update of what is going on with that issue at a future meeting.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            DEATH OF FORMER SENATOR RICHARD LANGLEY’S DAUGHER

            Commr. Stivender stated that former State Senator Richard Langley’s daughter, Dickie Marie “Dee Dee” Langley, passed away this past weekend and asked that everyone include the Langley family in their prayers.

            REPORTS – COMMISSIONER CADWELL – DISTRICT 5

            FLORIDA IMPACT FEE REVIEW TASK FORCE MEETING

            Commr. Cadwell reminded the Board about the Florida Impact Fee Review Task Force Meeting that he will be attending on Monday, December 12, 2005, at the University of North Florida, in Jacksonville.  He stated that the Florida Association of Counties Legislative Committee was very clear that the counties were not negotiating any points, with regard to impact fees – that they were going to stand firm, in that it is their home rule power to do so.  He stated that there would be no model ordinance involved and they believe they have the support of the residents of Florida that they want growth to continue to try to pay for itself and the counties do not need interference from Tallahassee to make that happen.

            REPORTS – COMMISSIONER HANSON – DISTRICT 4

            BRITT ROAD PROJECT

            Commr. Hanson stated that the Public Works Department held a meeting on Monday, December 5, 2005, regarding Britt Road and that she felt some very good suggestions were made.  She noted that the design process for the Britt Road project is now 60% complete, so the County will be moving forward and, hopefully, addressing most of the concerns of the citizens.

            REPORTS – COMMISSIONER HANSON – DISTRICT 4

            MT. PLYMOUTH/SORRENTO ADVISORY COMMITTEE

            Commr. Hanson stated that the Mt. Plymouth/Sorrento Advisory Committee held a meeting on Saturday, December 10, 2005, which was very successful, noting that approximately 100 people attended the meeting and looked at the design plan for Mt. Plymouth/Sorrento and the urban compact node for the Wekiva.

            REPORTS – COMMISSIONER HANSON – DISTRICT 4

            MT. DORA HOLIDAY PARADE

            Commr. Hanson stated that she participated in the Mt. Dora holiday parade that was held on Saturday, December 3, 2005, which was very nice.

            REPORTS – COUNTY MANAGER (CONT’D.)

            JOINT PROJECT WITH TRUST FOR PUBLIC LANDS

            Ms. Cindy Hall, County Manager, informed the Board that the County will be doing a joint project with Trust for Public Lands (TPL) inhouse, but will be using the expertise of TPL.  She stated that she did not have a time frame for it, however, noted that she would bring information regarding it back to the Board at a later date, at which time Ms. Regina Frazier, Budget Director/Interim Procurement Director, informed the Board that a draft agenda item will be coming before them regarding the matter on December 20, 2005.

            Commr. Hanson noted that time is of the essence.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board stating that it would be nice if Ms. Cindy Hall, County Manager; Mr. Bruce Thorburn, Communications Systems Director; and Mr. Gary Kaiser, Public Safety Director, would talk to DIRECTV and the DISH Network about the issue of cable television and free advertising, noting that he believes the Federal Communications Commission (FCC) rules state that every television station has to provide so many free minutes of advertising for community projects, at which time he displayed an ad indicating that on Saturday, December 10, 2005, Santa Claus will be at the Community Center in Paisley and at the Walgreens Drug Store, located at SR 19/CR 44A, which the Northeast Lake Chamber of Commerce is sponsoring.  He noted that all the photographs taken with Santa will be free and there will be free candy for the children, as well.

            Mr. Hunter stated that Ms. Julie Allen, from Hospice, will be giving a presentation at the Northeast Lake Chamber of Commerce Meeting that is scheduled to be held on December 17, 2005, at Spring Creek School, at which time he noted that those people who do not understand Hospice, or have some misconstrued idea about the organization, should attend the meeting and learn what Hospice is really all about.  He stated that they do a lot of good.  He then discussed the fact that there have been a lot of articles in the newspapers recently about not having God in government.  He stated that there are only three forms of government – anarchy, dictatorship, and democracy and as long as God is kept in the government that exists today this Country will never have a dictatorship or anarchy, so God needs to be kept in government.

                                                                                                ---------------------------------------

            Mr. Travis Whigham, representing the Forest Hills Association, addressed the Board stating that the Association had a good turnout at their last meeting, noting that the residents wanted to know what had transpired, with regard to a grant that the community had applied for.  He stated that he let them know that the community did not receive the grant, but that there was a possibility of some funds being available for materials that are needed for some projects that are being proposed for their community.  He stated that an individual in their community has agreed to donate needed shingles, another individual is working on obtaining a donation of 20 gallons of paint, and he and his family are trying to raise enough money to put in soccer and football goals that are needed at one of the parks.  He stated that the residents would like to have a pavilion constructed in their community, to be used for picnics, etc.; a fishing dock, to replace one that the community had years ago that rotted away; benches for the community’s parks, as well as its soccer and football fields; a drug and alcohol program; funds to hook up some computers that were donated to their community center by the Lake County School System, to get them operational for use by the residents; and transportation to get the community’s children to and from the local youth centers for after-school activities.

            Commr. Hanson suggested that Mr. Whigham meet with his District Commissioner, regarding his concerns and requests.

            RECESS AND REASSEMBLY

            At 12:00 noon, the Chairman announced that the Board would recess until 5:05 p.m., for a Public Hearing on two Ordinances scheduled to come before the Board.

            COMMISSIONERS

            It was noted that Commr. Cadwell, Vice Chairman, would be presiding over the Public Hearing scheduled for 5:05 p.m., due to the fact that the Chairman, Commr. Hanson, had a previous commitment and would be unable to chair the meeting.  It was further noted that Commr. Stivender would not be present at the Public Hearing, as well, due to another commitment.

            PUBLIC HEARING

            ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS TO

            REMOVE BUS SHELTER SIGNS AND BENCH SIGNS FROM EXEMPT SIGNS

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its final hearing, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

            COUNTY, FLORIDA; AMENDING SECTION 11.01.04, LAKE COUNTY CODE,

            APPENDIX E, LAND DEVELOPENT REGULATIONS, TO REMOVE BUS

            SHELTER SIGNS AND BENCH SIGNS FROM EXEMPT SIGNS; PROVIDING

            FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND

            PROVIDING FOR AN EFFECTIVE DATE.

            The Vice Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2005-103, Amending Section 11.01.04 of the Land Development Regulations (LDRs) to Remove Bus Shelter Signs and Bench Signs from Exempt Signs, as presented.

            ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS

            REGARDING SCHEDULE OF PERMITTED AND CONDITIONAL USES

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its final hearing, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

            COUNTY, FLORIDA; AMENDING SECTION 3.01.03, LAKE COUNTY CODE,

            APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED SCHEDULE

            OF PERMITTED AND CONDITIONAL USES, LAKE COUNTY

            CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; ADDING

            UNDER RECREATIONAL USES CLUB PRIVATE OR COUNTRY AND RIDING

            STABLE OR ACADEMY; ADDING LAND DEVELOPMENT REGULATION

            SECTION NUMBERS FOR CERTAIN USE CLASSIFICATIONS; FOR

            COMMERCIAL USES ADDING REFERENCE TO THE COMPREHENSIVE PLAN

            AND MINOR GRAMMATICAL CORRECTIONS; PROVIDING FOR

            SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND

            PROVIDING FOR AN EFFECTIVE DATE.

            The Vice Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2005-104, Amending Section 3.01.03 of the Land Development Regulations (LDRs) Entitled Schedule of Permitted and Conditional Uses, as presented.

            ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:08 p.m.

 

 

                                                                                                                                                            ____________________________________

                                                                                                                                                            CATHERINE C. HANSON, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK