A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

APRIL 4, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, April 4, 2006, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; and Robert A. Pool.  Commission Debbie Stivender was not present, due to the illness of her father.  Others present were:  Melanie Marsh, Deputy County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Reverend Bob Beaver, Minneola Alliance Church, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda, containing a request from Procurement Services, under the County Manager’s Departmental Business, regarding Phase 2A of the Judicial Center Expansion, Detention Center, Energy Plant, and Multi Level Parking Garage project.

MINUTES

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of December 20, 2006 (Regular Meeting), as presented.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of March 7, 2006 (Regular Meeting), as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the following requests:

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.

            Contractor Bonds

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

            New

            6413-06           Willard R. Keene, Jr. d/b/a Royal Screen Enclosures, Inc.

            6457-06           Center State Electric, Inc.

            6458-06           Dale A. Bork/Apex Solutions, Inc.

            6459-06           Wendell Ulmer d/b/a Heaven Sent, LLC

            6460-06           Kenneth Markiewicz d/b/a Proline Electrical Contractors

            6461-06           St. Johns Dock Builders, Inc.

            6462-06           Bob Clouse d/b/a Bob Clouse Plumbing, Inc.

            6463-06           William Gordon/Soundwaves Audio Video Interiors, Inc.

            6464-06           Miguel G. Donastorg, Jr.

            6465-06           Roger A. Slagle d/b/a Hawthorne Residents Cooperative Assoc., Inc.

            Cancellation

            6427-06           Cool Zone AC, Inc.

            Consolidated Annual Report from Southwest Florida Water Management District

            Request to acknowledge receipt of copy of Consolidated Annual Report, dated March, 2006, from the Southwest Florida Water Management District, pursuant to Section 373.036(7), Florida Statutes.

Proposed Budget for Fiscal Year 2006/2007 from The Estates at Cherry Lake Community

Development District

            Request to acknowledge receipt of the Proposed Budget for Fiscal Year 2006/2007 (October 1, 2006 – September 30, 2007), from The Estates at Cherry Lake Community Development District.

            Annexation Ordinance from the City of Tavares

            Request to acknowledge receipt of Annexation Ordinance No. 2006-10 (vacant property), amending the boundaries of the City of Tavares, by annexing approximately 5.8 acres, located on the southern side of CR 448, approximately 450 feet east of the intersection of CR 561 and CR 448.  Passed and ordained the 15th day of February, 2006, by the City Council of the City of Tavares, Florida.

            Lake County Water Authority’s Annual Financial Audit for 2004/2005 and Annual

            Financial Report

            Request to acknowledge receipt of the Lake County Water Authority’s Annual Financial Audit for 2004/2005, and Annual Financial Report.

            COUNTY MANAGER’S CONSENT AGENDA

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved the following requests:

            Budget

            Budget Transfer – Emergency 911 Fund, Department of Public Safety, Communications Systems Division, E911 Section. Transfer $165,000.00 from Reserve for Operations to Overtime ($5,000.00), Office Supplies ($10,000.00), Machinery and Equipment ($100,000.00), and Aids to Government Agencies ($50,000.00). Funds needed for Overtime for EOC staffing costs for emergencies. Funds needed for Office Supplies to purchase software for an electronic documentation system. Funds needed for Machinery and Equipment for laptop computers, to replace the current desktops, and for hardware for the electronic documentation system. Funds needed for Aids to Government Agencies, for other agencies to purchase ergonomic call taker stations, a call center-sized UPS, and ergonomic chairs. Funds available in Reserve for Operations.

            Budget Transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $75,000.00 from Road Repair and Maintenance to Professional Services. Additional funds are required in Professional Services, for design costs for the guardrail replacement program and the County drainage improvement program. Funds available in Road Repair and Maintenance.

            Budget Transfer – Building Services Fund, Department of Growth Management, Building Services Division. Transfer $100,000.00 from Reserve for Operations to Contractual Services. Building Services is scanning/microfilming the backlog of building permits and construction plans. Additional funds are needed to complete the remaining boxes. Funds available in Reserve for Operations.

            Budget Transfer – General Fund, Non-Departmental. Transfer $5,500.00 from Reserve for Operations to Professional Services. Additional funds needed to pay R. W. Beck, Consultant, for FEMA Appeals Support. Funds available in Reserve for Operations

            Budget Transfer – County Fire Control Fund, Public Safety Department, Fire Rescue Division. Transfer $178,132.00 from Fire Station Repair and Maintenance to Repair and Maintenance ($25,000.00), Office Supplies ($25,000.00), and Operating Supplies ($128,132.00). Additional funds needed in Repair and Maintenance, Office Supplies, and Operating Supplies. All funds will be transferred out of the Fire Station Repair and Maintenance account, which will no longer be used, due to the inability to properly utilize the funds as initially intended. Funds available in Fire Station Repair and Maintenance.

            Budget Transfer – General Fund, Non-Departmental. Transfer $100,000.00 from Reserve to Contingency to Aids to Government Agencies. On March 14, 2006, the Board of County Commissioners approved the commitment of $100,000.00 for the proposed UCF Medical School. Funds available in Reserve for Contingency.

            Budget Transfer – General Fund, Non-Departmental. Transfer $2,200.00 from Reserve for Operations to Rentals and Leases. The Supervisor of Elections has requested funds to rent space to conduct poll worker training for the September 5, 2006 primary election. Funds available in Reserve for Operations.

            Community Services

            Request for approval of Resolution No. 2006-54, recognizing the accomplishments of Lake County's volunteers and declaring the month of May, 2006, as "Volunteer Appreciation Month" in Lake County.

            Request for approval to provide $6,000.00 in matching funds, to support a grant award from HUD to the Mid-Florida Homeless Coalition, in the amount of $78,143.00, to support the development of a four-county Management Information System; authorization for the Chairman to sign a letter of support and commitment of $6,000.00; and approval of related budget transfer from General Fund Reserves, in the amount of $6,000.00.

            Request for approval to renew a Host Agency Agreement between Experience Works and the Lake County Board of County Commissioners, as the host agency.

            Request for approval for the Department of Community Services staff to submit an application for the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant for Fiscal Year 2006/2007, as well as supporting Resolution No. 2006-55.

            Employee Services

            Request for approval of the new Lake County Wellness Policy, declaring Lake County's commitment to employee wellness.

            Procurement Services

            Request for approval and authorization for Procurement Services to procure one cutaway bus from grant funds received from the Florida Department of Transportation, Section 5310, Transit Grant Funding for Fiscal Year 2005/2006.

            Request for approval of a change order request to blanket Purchase Order No. 24000 (currently the purchase order is for $10,000.00) to Heritage Propane, by increasing the purchase order $16,418.00, bringing the total purchase order amount to $26,418.00.

            Request for approval and authorization to waive bid requirements and standardization of Naztec, Inc. traffic signal equipment.

            Request for approval to declare list of items submitted (contained in backup material) surplus to County needs; authorize the removal of said items from the County's official fixed asset inventory system records; and authorize the Procurement Services Director to sign the vehicle titles.

            Public Safety

            Request for approval and signature on Resolution No. 2006-56, setting the annual wire line E911 fee at fifty cents ($.50), pursuant to the requirements of Florida Statute 365.171.

            Request for approval for the Department of Public Safety, Fire Rescue Division, to submit a grant application to the United States Fire Administration Assistance to Firefighters Grant Program, which is administered by the Department of Homeland Security, to help fire service agencies improve the health and safety of the public and emergency response personnel.

            Public Works

            Request for approval and authorization to accept the final plat for Overlook at Lake Louisa, Phase II, and all areas dedicated to the public, as shown on the Overlook at Lake Louisa, Phase II, final plat; accept a Letter of Credit, in the amount of $878,925.30; and execute a Developer's Agreement for Construction of Improvements between Lake County and The Greater Construction Company. Overlook at Lake Louisa, Phase II, consists of 105 lots – Commission District 2.

            PRESENTATION

            PROPOSED CREATION OF TWO NEW PRECINCTS

            Ms. Emogene Stegall, Lake County Supervisor of Elections, addressed the Board stating that she was proposing to split the 4,000 registered voters in Precinct No. 61 (Plantation at Leesburg) and create Precinct No. 101, with their polling place to be at their new Hermitage Hall; and split the 3,600 registered voters in Precinct No. 97 (Summit Greens) and create Precinct No. 102, with their polling place to be at their Clubhouse.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from Ms. Emogene Stegall, Lake County Supervisor of Elections, for approval of the creation of two new precincts – Precinct No. 101 (Hermitage Hall at The Plantation at Leesburg) and Precinct No. 102 (the Clubhouse at Summit Greens).

            PRESENTATIONS/PERSONAL APPEARANCES

            The Chairman presented the following Plaque and Awards:

            BOARDS/COMMITTEES

            PLAQUE

            Industrial Development Authority

            Carl Lunderstadt – for service from 1994-2006

            EMPLOYEE AWARDS

            Presentation of Award to Employees with Five Years of Service

            Cynthia A. McManus, Document Services Associate, Procurement Services/Document Services

            Dewey K. Anderson, Jr., Senior Building Inspector, Growth Management/Building Services/Main Office

            Presentation of Award to Employees with Ten Years of Service

            Diane D. Kamp, Director of Lake County Museums & Curator, Economic Development   and Tourism/Historical Museum

            Presentation of Award to Employee with Twenty Years of Service

            Kenton J. Tombow, Senior Landfill Attendant, Environmental Services/Solid Waste Administration

            PRESENTATION

            PUBLIC HEALTH WEEK PROCLAMATION

            Mr. Fletcher Smith, Community Services Director, presented Ms. Pam Steinke, Lake County Health Department Administrator, with a Proclamation Identifying the Week of April 3 through 9, 2006, as Public Health Week.

            PRESENTATION

            LAKE COUNTY HEALTH DEPARTMENT STATUS REPORT AND OVERVIEW

            OF SERVICES

            Ms. Pam Steinke, Lake County Health Department Administrator, addressed the Board and presented a brief status report and overview of the services that the Lake County Health Department provides to the citizens of Lake County, at which time she gave a slide presentation and answered questions from the Board regarding same.

            PRESENTATION

            UPDATE ON STATUS OF MT. PLYMOUTH-SORRENTO ADVISORY COUNCIL

            Ms. Shannon Suffron, Senior Planner, Planning and Development Services, Growth Management Department, addressed the Board and gave a brief power point presentation, updating them on the activities of the Mt. Plymouth-Sorrento Advisory Council.  She stated that, with the help of staff, as well as a consultant with the non-profit leg of Canin & Associates, the Council drafted some development policies, to help address development in the Mt. Plymouth-Sorrento area, at which time she noted that, currently, development is allowed in that area at a density of up to 5.5 dwelling units per acre, outside of the Wekiva Protection Area, but within the urban compact node, but it is not defined as to where that density can go – it is pretty vague.  She stated that they have tried to refocus where those densities could go, noting that they are not proposing to change anything, but more to redirect and refocus in an area that makes more sense.  She reviewed some of the policies that they have come up with, as follows:

            Ms. Saffron informed the Board that a Design Charrette has been scheduled to be held on April 29, 2006, at Round Lake Elementary School, from 9:00 a.m. to 1:00 p.m., with the focus being on the Main Street district.  She noted that all the property owners and business owners within the Main Street district, as well as some consultants from Canin and Associates, have been invited to attend the charrette, which staff is excited about, in that they feel it is going to produce some great things, with regard to design standards, land development regulations, etc.  She stated that she feels some great partnerships are going to be created between the development community and the community that currently exists in the area.

            Commr. Hanson praised Ms. Saffron for doing an outstanding job in turning the Mt. Plymouth-Sorrento Advisory Council around and getting it moving in a very positive direction.

            It was noted that Ms. Saffron would be leaving Lake County, at which time Commr. Hanson stated that she was sorry Ms. Saffron was leaving the County and that she would be greatly missed.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            COMMUNITY SERVICES

            AGRICULTURAL EXTENSION AGENT POSITION

            Ms. Deborah Boulware, County Extension Director, Lake County Extension Service, addressed the Board and introduced Mr. Richard Royal, Chairman, Citrus Extension Advisory Committee, who requested the Board to keep the Citrus Extension Fruit Crops Agent position, after Mr. John Jackson, Lake County Extension Agent, retires July 31, 2006, after 38 years with the University of Florida, in Lake County.  It was noted that the University of Florida has already agreed to their part of the request.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of a request from the local Citrus Extension Advisory Committee to keep the Citrus Extension Fruit Crops Agent position and convey this request to the University of Florida’s Dean for Extension; and to employ the new extension agent two weeks prior to Mr. John Jackson's retirement, on July 31, 2006.

            COMMUNITY SERVICES

            LEASE AGREEMENT FOR SUITE NO. 4 AT VAN DEE BUILDING

            Mr. Fletcher Smith, Community Services Director, addressed the Board and explained this request, stating that it was a request to rent 1,450 additional square feet of space at the Van Dee Medical Building, in downtown Eustis, for the Lake County Health Department.  He stated that the Health Department has agreed to cover the additional cost of said space, up through the end of this year, which amounts to over $10,000.00.  He stated that staff was asking for approval of the request.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of Lease Agreement for Suite No. 4 at the Van Dee Medical Building, Eustis, Florida, for the Lake County Health Department, and renewal of the Lease Agreement for the Van Dee Medical Building for two additional years, beginning March 1, 2007, with the option of two additional one year terms.

            COMMUNITY SERVICES

            FIRST AMENDMENT TO 2005/2006 COMMUNITY DEVELOPMENT BLOCK

            GRANT PARTNERSHIP AGREEMENT BETWEEN LAKE COUNTY AND

            TOWN OF MONTVERDE

            Mr. Bill Gearing, Community Enhancement Coordinator, Community Services, presented this request, asking that approval of it be contingent upon approval of Tab 26, a request for approval of Minor and Substantial Amendments to the Federal Fiscal Year 2005 One Year Action Plan.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of the First Amendment to the 2005/2006 Community Development Block Grant Partnership Agreement between Lake County and the Town of Montverde; and authorization for the Chairman to sign the Amendment, contingent upon the approval of Minor and Substantial Amendments to the Federal Fiscal Year 2005 One Year Action Plan.

            ECONOMIC DEVELOPMENT AND TOURISM

            PRESENTATION OF RESOLUTIONS AND AWARDS FOR PARTICIPATION IN

            TRAINING OF DISABLED THROUGH JOBS GROWTH INVESTMENT TRUST

            FUND PROGRAM

            Mr. Greg Mihalic, Economic Development and Tourism Director, addressed the Board stating that they had before them the first five businesses to take advantage of the new Jobs Growth Investment (JGI) Disabled Worker Plan, noting that, in November of 2005, staff presented the Board with a revised plan, which had not been used in approximately 10 years.  He stated that staff revised the plan, with the assistance of Sunrise ARC, the County’s Workforce Development provider.  He stated that the businesses alluded to in this request will each be recognized with a Resolution, as well as a check, in the amount of $3,000.00.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Economic Development and Tourism for approval and signature on five resolutions and awards of $3,000.00 each to the following businesses, for participating in training of the disabled, through the Jobs Growth Investment Trust Fund Program:

            Publix Supermarkets, Inc. (Store No. 447), in Lady Lake (Resolution No. 2006-57)

            Public Supermarkets, Inc. (Store No. 440), in Mount Dora (Resolution No. 2006-58)

            TJ Maxx, in Lady Lake (Resolution No. 2006-59)

            Wal-Mart Stores, Inc., in Clermont (Resolution No. 2006-60)

            McDonald's Restaurant, in Groveland (Resolution No. 2006-61)

            PUBLIC WORKS

            FINAL PLAT FOR SADDLE RIDGE

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that this request was for approval of the final plat for Saddle Ridge, however, noted that the County received a letter of opposition from an individual who claims ownership of the mineral rights on the land.

            Ms. Nancy Noblin, the individual alluded to by Mr. Stivender, addressed the Board stating that she owns the mineral rights to the land in question, at which time she read a statement into the record about said mineral rights.  She stated that she is a fourth generation member of one of Lake County’s founding families, who once owned 10,000 acres in the County, which stretched from Lady Lake to Lake Griffin.  She stated that her family founded many of the County’s services and institutions and has been recognized for lifelong, honest, and faithful service to the Lake County community.  She asked that the Board deny the request before them, because it is based upon false and misleading information and omissions, which she elaborated on.  She stated that the applicant, Mellado Properties, LLC, has represented that he is the sole owner of the subject property and that he has a proper full warranty deed to it, which is false, noting that the subject property has been divided into two estates – the surface estate and the mineral estate.  She stated that the applicant owns the surface estate and she owns the mineral estate and that the law provides that, when property is divided into two such estates, the mineral estate is the dominant estate.  She stated that the title opinion in support of this application was prepared by the previous owner of the property and is fraught with false and misleading claims and omissions, which she further elaborated on.  She stated that she realized the Board could not take any legal action, with regard to this matter, however, noted that it could insist that all applicants present correct and complete information, when submitting applications and requesting action by the Board.

            Ms. Melanie Marsh, Deputy County Attorney, informed the Board that the County Attorney’s Office had looked at this issue, prior to this meeting, at which time she noted that the general rule regarding mineral estates is that a reservation of grant of mineral rights reflects the intent on the part of the parties to sever the service estate from the underlying mineral estate and create two separate estates.  She stated that, for the purposes of approving the plat in question, the legal opinion from her office is that the developer possesses the right to convey the surface property, subject to any easements Ms. Noblin may have.  She stated that Ms. Noblin’s potential ownership in the property does not prohibit the Board from approving the plat before them, noting that Ms. Noblin would have to take any issues that she has, regarding access to the property, or anything of that nature, to civil court, but it does not affect the Board approving the plat this date for the surface estate, which is what the developer owns.

            Ms. Noblin readdressed the Board, in response to said comment, noting that she feels very clear in her rights and that she has found the number of calls that she has received from individuals who have purchased property, only to find that the banks and attorneys will not allow them to build on it, due to the problem she alluded to, very disappointing.  She suggested that the Board separate itself from the legal issues and that, until the applicant has a full warranty deed and comes before the Board with a clear and correct application and title, the request should be denied.

            Ms. Marsh informed the Board that, once they approve a plat, the developer has 21 days to provide the County Attorney’s Office with a title opinion, which they will review, prior to signing off on the plat and sending it through to the Board for signature.  She noted that they would take Ms. Noblin’s comments into consideration, when they look at the final title opinion, to make sure that it is correct, which they would then pass on to whatever buyers purchase the property.

            Mr. Richard Berkholtz, Attorney, representing Mellado Properties, addressed the Board stating that he did the preliminary title opinion and that the applicant has not tried to mislead anybody, by saying that there was not the possibility that somebody might have some subsurface rights.  He stated that they agree entirely with the County Attorney, with regard to several Supreme Court cases that cited the severance of the subsurface property from the surface property.  He stated that they believe the ownership, if there is an ownership interest in the subsurface property, does not interfere with the grant of a plot in this case.

            Commr. Pool questioned whether, if one has mineral rights on a parcel of property, but it is not zoned to extract said mineral rights, the County would allow said individual to do so.

            Ms. Marsh stated that the individual would have to have the proper zoning and permits from the County to extract said minerals.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried, by a 3-1 vote, the Board approved a request from Public Works for approval and authorization to accept the final plat for Saddle Ridge and all areas dedicated to the public, as shown on the Saddle Ridge plat.  Saddle Ridge consists of 23 lots – Commission District 5.

            Commr. Pool voted “No”.

            ADDENDUM NO. 1

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

            PROCUREMENT SERVICES

            FIRST ADDENDUM TO PHASE 2A OF JUDICIAL CENTER EXPANSION

            DETENTION CENTER, ENERGY PLANT, AND MULTI-LEVEL PARKING

            GARAGE

            Mr. Jim Bannon, Facilities Development and Management Director, addressed the Board and requested approval of the following, associated with HLM Design Heery International, Inc., for the design of the Judicial Center Expansion, Detention Center, Energy Plant, and Multi Level Parking Garage:

            (1)        Not to exceed Design Services Fee for Phase 2A                  $2,011,628.00

            (2)        Not to exceed Direct Expenses allowance for the above              20,000.00

            (3)        Approval of usage of Design Services contingency up to           100,000.00

            Mr. Bannon stated that the Board agreed on the fees for the schematic design of the facility, but this request was for approval of the complete design services up to design development, construction documents, and contract administration.  He stated that the Design Services Fee is based on 6% of the estimated construction cost, which the Board had before them, in their backup material; the Direct Expenses allowance is to cover printing, etc.; and the Design Services contingency is for any Change Orders.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Procurement Services for approval and authorization to execute the First Addendum, to cover the work to be done under Phase 2A, for RSQ No. 05-031, Judicial Center Expansion, Detention Center, Energy Plant, and a new Multi-Level Parking Garage; and authorization for Mr. Jim Bannon, Facilities Development and Management Director, to execute Change Orders, not to exceed $100,000.00.

            PUBLIC HEARING

            ORDINANCE CONCERNING CHANGE TO ELDER AFFAIRS COUNCIL

            INVOLVING TERMS OF APPOINTMENT

            Ms. Melanie Marsh, Deputy County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

            COUNTY, FLORIDA; AMENDING SECTION 2-90.50, LAKE COUNTY CODE,

            REGARDING MEMBERSHIP OF THE LAKE COUNTY ELDER AFFAIRS

            COORDINATING COUNCIL; AMENDING THE TERM OF THE DISTRICT

            APPOINTEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR

            INCLUSION IN THE CODE, AND PROVIDING FOR AN EFFECTIVE DATE.

            Commr. Hill informed the Board that this was her newest committee and that Ms. Allison Thall, Director of Elder Affairs, was doing a wonderful job in her new position.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2006-36, Concerning a Change to the Elder Affairs Council Involving Terms of Appointment, as presented.

            PUBLIC HEARING

            ORDINANCE CONCERNING NEW PLAT RULES (FINAL PLAT REQUIREMENTS)

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board and explained this request, at which time he reviewed the changes being proposed (contained in the Board’s backup material), which is necessitated, to establish rules for higher quality maps, with requirements specific to Lake County’s needs.  This revision would also ensure greater efficiency, cost effectiveness, and ease of use.  The Local Planning Agency reviewed and unanimously approved the proposed changes.

            Ms. Melanie Marsh, Deputy County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

            COUNTY, FLORIDA; AMENDING SECTION 14.07.07, LAKE COUNTY CODE,

            APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED FINAL PLAT

            REQUIREMENTS; INCREASING THE REQUIRED PLAT SHEET SIZE TO 24” X

            36”; IMPLEMENTING A MINIMUM TEXT SIZE OF 0.10 INCH IN HEIGHT;

            IMPOSING METAL ROD REQUIREMENTS AND SPECIFICATIONS FOR

            PERMANENT REFERENCE MONUMENTS (PRMs); IMPOSING MINIMUM OF

            TWO FLORIDA STATE PLANE COORDINATE POINTS ON SUBDIVISION PLAT

            BOUNDARIES; IMPOSING VICINITY MAP REQUIREMENT AND

            SPECIFICATIONS; REQUIRING VERIFICATION OF FIELD PRMs BY LAKE

            COUNTY; REQUIRING PLATS IN SPECIAL FLOOD HAZARD AREAS TO SHOW

            A MINIMUM OF 2 BENCHMARKS AND ELEVATIONS ON THE PLAT;

            PROVIDING THAT ALL EASEMENTS AND RIGHTS OF WAY BE

            GRAPHICALLY DEPICTED; PROVIDING FOR SEVERABILITY; PROVIDING

            FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

 

            Commr. Hanson stated that it has been recommended that the County have a landscape architect, to look at properties before they are developed, so that they can see what resources may be there that the County may want to develop around, rather than just clearing land and constructing a development.

            Ms. Carol Stricklin, Growth Management Director, addressed the Board stating that it was something the County could look at, when doing the revisions to the Land Development Regulations (LDRs).  She stated that the nature of the amendment that Mr. Stivender was bringing forth this date was more technical, in terms of the process, but that, as staff looks at the substance of the subdivision process, they will look at those conservation design suggestions.

            Commr. Hanson stated that she felt a lot of the surveyors were already doing some of the changes being proposed, but that her point in letting people know about said changes was so that they would not follow the old regulations.

            Ms. Marsh pointed out the fact that the effective date of the Ordinance is 30 days after the date of enactment, so people have a month to become aware of said changes.

            Mr. Stivender informed the Board that he received a letter from the Clerk’s Office stating that the size of the plat being proposed is one that they can accept as a public record, which was one of the key issues that he wanted to make sure the County had covered.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2006-37, Concerning New Plat Rules (Final Plat Requirements), as presented.

            PUBLIC HEARING

            MINOR AND SUBSTANTIAL AMENDMENTS TO THE FEDERAL FISCAL YEAR

            2005 ONE YEAR ACTION PLAN

            Mr. Bill Gearing, Community Enhancement Coordinator, Community Services, addressed the Board stating that staff was requesting approval of some proposed changes to the County’s Federal budget, as explained in the FY 2005 One Year Action Plan, noting that they need to do so, in order to bring the budget and action plan up to date with some project changes and additions that staff feels needs to be done, which have come up over the last few months.  The changes being proposed are as follows:

                        Activity                                               FFY 2005        Proposed         Amended

                                                                                      Budget          Change           FFY 2005

                                                                                                                                      Budget

 

Lake Kathryn Roadway Improvements                     $342,500         $116,683         $459,183

Montverde Sidewalk Construction                                 40,000                     0              40,000

Astatula Sidewalk Construction Phase II                       40,000                     0              40,000

Cooler/Freezer for Human Care Network

  Distribution Center                                                               0             15,000             15,000

Uncommitted Funds                                                     166,683         (131,683)            35,000

            The Chairman opened the public hearing.

            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board and thanked them for the Lake Kathryn roadway improvements, noting that the community appreciated it.  He asked that anything pertaining to Northeast Lake County be advertised in The Daily Commercial, as well as the North Lake Outpost, noting that the residents in that area receive those two papers.

            No one was present in opposition to the request.

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

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Minor and Substantial Amendments to the Federal Fiscal Year 2005 One Year Action Plan, as presented.

            OTHER BUSINESS

            APPOINTMENTS TO HISTORICAL MUSEUM ADVISORY COMMITTEE

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board appointed individuals to vacant positions on the Historical Museum Advisory Committee, as follows:

            Historical Society Member

            Mr. Clayton Bishop

            Historical Society Alternate Member

            Mr. Rick Reed

            APPOINTMENT TO WE CARE OF LAKE COUNTY, INC. BOARD OF DIRECTORS

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board appointed Mr. Fletcher Smith, Community Services Director, to the We Care of Lake County, Inc.’s Board of Directors.

            The Board commended Mr. Smith for the great job he does for the County, noting that he has a lot to juggle and they appreciate the job he does.

            REPORTS – COUNTY ATTORNEY

            PURCHASE OF PROPERTY FROM LANDS AVAILABLE LIST

            Ms. Melanie Marsh, Deputy County Attorney, informed the Board that this was a request for approval to purchase property located in the City of Eustis from the Lands Available List, declare it surplus, donate the property to the City of Eustis, and execute all necessary documents.  She noted that the County currently has Code Enforcement liens on the property, but did not foreclose on it, because they knew the property was going up for a tax deed sale.  She stated that it is now on the Lands Available List and the County can expend the money, rather than going to litigation.  She stated that the City of Eustis was contacted about the property and they are interested in it; therefore, if the County buys it off the Lands Available List, they can donate it to the City and the City will clean it up.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval and authorization to purchase property from the Lands Available List, located at 1533 Johnson Street, in the City of Eustis; declare the property surplus; donate the property to the City of Eustis; and execute necessary documents for the donation.

            REPORTS – COUNTY ATTORNEY

            LEASE AGREEMENT BETWEEN LAKE COUNTY AND DOYLE YOCKERS FOR

            ADDITIONAL SPACE FOR LAKE COUNTY SHERIFF’S DEPARMENT

            Ms. Melanie Marsh, Deputy County Attorney, stated that this was a request for approval of a lease agreement for additional storage space for the Sheriff’s Department.

            Commr. Hill questioned how the property that the County purchased on CR 473 was coming along and was informed by Ms. Cindy Hall, County Manager, that the County is evaluating the cost of renovating it, versus another alternative, and would be bringing a recommendation back to the Board at a later date.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Lease Agreement between Lake County and Mr. Doyle Yockers, for additional space for the Lake County Sheriff's Department.

            REPORTS – COMMISSIONER HILL – DISTRICT 1

            PROPOSED HOUSE BILL 949

            Commr. Hill stated that on Tuesday, March 28, 2006, she went to Tallahassee, which was Florida Association of Counties (FAC) Legislative Day, and wanted to commend Commr. Cadwell for doing an excellent job in Tallahassee for Lake County.  She stated that House Bill 949, which pertains to municipalities and authority limitation regarding ordinances, is currently being proposed and will be discussed at a workshop, to be held in the Growth Management Department, at 2:00 p.m. this date.  She encouraged anyone who would like to oppose said Bill to do so.

            A brief discussion occurred regarding various Bills that are being proposed, at which time Commr. Cadwell stated that local government is under attack this year, with regard to funding from Tallahassee.

            Commr. Hanson stated that there is no way the County can have growth pay for itself, if the County’s funding sources are pulled out from under it, noting that, even if the level of services remains the same, the actual per capita ability to use those services diminishes, or taxes have to increase somewhere else.

            REPORTS – COMMISSIONER POOL – DISTRICT 2

            GROUNDBREAKING CEREMONY FOR SOUTHERN CONNECTOR

            Commr. Pool informed the Board that the groundbreaking ceremony for the Southern Connector will be held on Thursday, April 6, 2006, at 9:30 a.m., in Clermont.

            REPORTS – COMMISSIONER POOL – DISTRICT 2

            CAMP CHALLENGE

            Commr. Pool stated that he wanted to thank those people who work at Camp Challenge for putting on a great event recently.  He stated that they do great work, which benefits the entire Lake County community.  He stated that the Board appreciates what they do and wishes that everybody could do more.  He noted that they are trying to raise funds for improvements to their lodge, cabins, etc.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            OCCUPATIONAL HEALTH NURSING WEEK PROCLAMATION

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2006-62, declaring the week of April 17 through 21, 2006, as Occupational Health Nursing Week.

            REPORTS – COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4

            “PERMANENT PROTECTION FOR FLORIDA ACT OF 2006” RESOLUTION

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2006-63, supporting the “Permanent Protection for Florida Act of 2006.”

            REPORTS – COMMISSIONER HANSON –CHAIRMAN AND DISTRICT 4

            ENVIRONMENTAL EDUCATION WEEK IN LAKE COUNTY AND “THE

            WATERY WORLD OF WATERBIRDS” DAY PROCLAMATION

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2006-64, proclaiming the week of April 16 through 22, 2006 as Environmental Education Week in Lake County, and April 19, 2006 as "The Watery World of Waterbirds" Day.

            Dr. Mary Anderson, Environmental Education Chairman for the Oklawaha Valley Audubon Society, addressed the Board stating that this was the third year for the Environmental Education Program, noting that they have been very privileged to be able to work with 3rd, 4th, and 5th grade students in getting out the award winning Audubon Adventure newspaper, which is published by the National Audubon Society.  She stated that they appreciated the Board’s sponsorship and hope said information gets to the parents and the community, noting that an important part of the program has been the community awareness.  She noted that approximately 9,000 children are involved in said program.

            REPORTS – COMMISSIONER CADWELL – DISTRICT 5

            FINAL FOUR NATIONAL BASKETBALL CHAMPIONSHIP

            Commr. Cadwell suggested that Commr. Hanson write a letter to the University of Florida, as an alumni, and on behalf of the Board, congratulating them on winning the Final Four National Basketball Championship on Monday, April 3, 2006.

            REPORTS – COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4

            (CONT’D.)

            TROUT LAKE EVENT

            Commr. Hanson stated that a very nice event was held on Saturday, April 1, 2006, at Trout Lake.  She noted that there was not much attendance, but the exhibits and the educational efforts were outstanding.

            REPORTS – COMMISSIONER HILL – DISTRICT 1 (CONT’D.)

            GROWTH MANAGEMENT DEPARTMENT AND LAND PLANNING AGENCY

            MEETINGS IN COMMUNITY

            Commr. Hill reminded the Board that the Growth Management Department and the Land Planning Agency (LPA) will be going out into the community and holding meetings, starting Friday, April 7, 2006.

            REPORTS – COMMISSIONER HILL – DISTRICT 1

            PARTICIPATION IN FESTIVAL OF READING

            Commr. Hill informed the Board that, in conjunction with the Festival of Reading event, she would be reading children stories at the Fruitland Park Library, on Wednesday, April 5, 2006, at 10:30 a.m.

            REPORTS – COUNTY MANAGER (CONT’D.)

            WIDENING OF HWY. 441 PROJECT

            Mr. Jim Stivender, Jr., Public Works Director, informed the Board that the County has received bids back on four projects in the last two weeks and are meeting with the vendors, to see what the issues are, which he noted are statewide issues and have caused a couple of projects pertaining to the widening of Hwy. 441 to lag behind.  He stated that the County is currently in a dilemma, with regard to same, which he elaborated on, noting that staff is working through the problem and trying to come up with a solution.

            Commr. Cadwell stated that there is talk on the State level about the Florida Department of Transportation (FDOT) spending the next year or so just acquiring rights of way and let the market clear itself.

            Mr. Stivender stated that the State can acquire rights of way and settle on prices easier and more competitively than they can get the road construction done.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board and read into the record a letter that he had written to the Editor of the Lake Sentinel, with regard to a grant that the County received for a hiking path, water fountain, and a horse shoe court at a park in Paisley, and are now trying to get a shuffleboard court and permanent his and hers bathrooms at the park.  He then addressed the fact that a Veterans Services representative was sent to the Paisley Library once a month, to save veterans in the area a 20 mile trip to Tavares, but, when no one showed up, the service was discontinued.  He questioned whether the Mobile Health Clinic will be discontinued, as well, if the residents in the area do not use it.  He stated that the residents need to use the facilities, or they are going to lose them.  He addressed the fact that hurricane season begins June 1, 2006, and stressed the need for people to be prepared and for neighbors to help one another.  He stated that the community is sponsoring a free photo shoot on Saturday, April 15, 2006, at the Walgreens, located at Hwy. 19 and CR 44A, in Eustis, for the children in the area to have their pictures taken with the Easter bunny and encouraged everyone to attend.  He then presented the Board with a revision of a book that was written on the History of Paisley, which he noted is going to be used as a fundraiser for the Ponceannah Cemetery that is located in Paisley, with all proceeds going to the cemetery, and that he would be presenting Dr. Diane Kamp, Director of Lake County Museums, with a copy of said book for the Lake County Historical Museum, as well.  He stated that the books can be purchased at the Paisley Library at a cost of $6.00 each, or two for $10.00.

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            Mr. Travis Whigham, President of the Forest Hills Association, addressed the Board and thanked them and staff for repaving some of the roads in the Lake Mack area; Mr. Ken Harley, Transportation Disadvantaged Coordinator, Mr. David Hope, and Mr. Michael Johnson, for establishing a bus route for the community; Commr. Hanson for her help in getting the Mobile Health Clinic started, and Commr. Cadwell for getting it in the Lake Mack area; and Mr. Grant Cox and Mr. Bobby Bonilla, Director of Parks and Recreation, for their time and effort in helping the Lake Mack area, with regard to its parks.  He discussed some code violations that have occurred in his community and how they are being handled; the County’s comprehensive planning and the fact that property needs to be purchased far in advance, before it becomes too valuable, for those areas where subdivisions will be built and schools will need to be constructed; and the issue of concreteables and the fact that structures can be built from $72 per square foot to $110 per square foot, maximum, which will save the County and the State thousands of dollars, when constructing their facilities, if said product is used.

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            Mr. Jim Schultz, Resource Recovery, Inc., addressed the Board regarding the issue of the County’s water resources and its environmental health, which he elaborated on, and the fact that his company offers a solution (collection and recycling of rainwater as a viable alternative water source) to the dilemma that the County is being faced with, with regard to its water resources and the protection of same.

            Commr. Hanson noted that a Low Impact Development Workshop, to be put on by the University of Florida, is scheduled to be held on April 12, 2006, at Lake-Sumter Community College, in the Magnolia Room, from 9:00 a.m. to 3:00 p.m., and that she felt one of the issues that would be dealt with would be the capture and use of rainwater.  She stated that they have done a lot of work on sustainable housing and are interested in getting that message out to the elected officials and the communities.

            Mr. Schultz questioned where the County stands on actually moving forward with projects within the County and was informed by Ms. Cindy Hall, County Manager, that she was very familiar with Mr. Schultz’s product and the issue he addressed this date, however, noted that it has not been one of the County’s highest priorities, so staff has not moved forward with it.

                ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:20 a.m.

 

 

                                                                        ____________________________________

                                                                        CATHERINE C. HANSON, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK