A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

NOVEMBER 7, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, November 7, 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; Debbie Stivender; Jennifer Hill; 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; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

Pastor Ed Price, of United Faith Assembly of God, in Leesburg, 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 two consent items, one being a request for approval to submit the grant application for the Read and Write Around Florida Library Services and Technology Act (LSTA) Grant, and the other one being, under Departmental Business, a request to approve Department of Community Services’ facilitation and support, working with the Lake County Health Department’s Community Health Worker Capacity Development.  She also stated that the contract for Ajax Building Corporation to act as Construction Manager for the South Tavares complex was in a folder at each Commissioner’s seat, and that that item follows Tab 28 in the Agenda.

Mr. Sandy Minkoff, County Attorney, stated that he needed to add to the Agenda a slight change to the Woodlands Settlement Agreement, which is the facility in Groveland adjacent to the concrete plant, and that it would need Board action.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved to add said item to the Agenda.

Commr. Cadwell stated that he had two items to add to the Agenda, one concerning the naming of streets in the Lake Joseph Landing subdivision.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved adding said item to the Agenda.

Commr. Cadwell stated that the other item was a request for approval to officially accept a procedure for accepting recommendations and requests in regard to a memorial for Sheriff Chris Daniels.

Commr. Hanson stated that she would like to add to the Agenda a special presentation by Ms. Jennifer Sullivan, a high school sophomore with the 4-H, regarding her rally for peanut butter as a food source for the hungry, and some of the results of what they have done.

MINUTES

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Minutes of July 25, 2006 (Regular Meeting), as presented.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of August 22, 2006 (Regular Meeting), as presented.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Minutes of October 3, 2006 (Regular Meeting), as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 2, Items 1 through 19, as follows:

List of Warrants

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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 September 30, 2006.  Disbursements due to Board: $163,599.44.  Same period, last year: $158,871.78.

            Lake County Water Authority’s Final Budget for Fiscal Year 2006/2007

Request to acknowledge receipt of Lake County Water Authority’s Final Budget for Fiscal Year 2006/2007.

Village Center Community Development District‘s Amended Budget for Fiscal Year 2005/2006

            Request to acknowledge receipt of Amended Budget for the Village Center Community Development District for Fiscal Year 2005/2006, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.

City of Umatilla’s Community Redevelopment Area (CRA) Document

            Request to acknowledge receipt of Community Redevelopment Area (CRA) document for the City of Umatilla, which was approved at the Planning and Zoning Committee Meeting on September 12, 2006, and at the City Commission Meeting on September 19, 2006.

            2005 Annual Report and Five Year Plan from the Lake County Water Authority Board of Trustees

Request to acknowledge receipt of the 2005 Annual Report and Five Year Plan from the Lake County Water Authority Board of Trustees, in accordance with Chapter 2005-314, Laws of Florida.

Annual Budget for City of Eustis for Fiscal Year 2006/2007

Request to acknowledge receipt of the Annual Budget for the City of Eustis for Fiscal Year 2006/2007.

Notice Before the Public Service Commission by Colina Bay Water Company

Request to acknowledge receipt of Notice Before the Public Service Commission - In regard to an Application for Certificate to Operate Water Utility in Lake County, by Colina Bay Water Company, LLC.  Docket No.  060139-WU; Order No. PSC-06-0857-CO-WU; Issued:  October 13, 2006.

Consummating Order By the Commission:  By Order No. PSC-06-0775-PAA-WU, issued September 18, 2006, this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code.  No response has been filed to the order, in regard to the above mentioned docket.  It is, therefore, ordered by the Florida Public Service Commission that Order No. PSC-06-0775-PAA-WU has become effective and final.  It is further ordered that this docket shall remain open.  By order of the Florida Public Service Commission the 13th day of October, 2006.

Southwest Florida Water Management District Governing Board Meeting Agenda and Approved Minutes of Meeting

Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for October 24, 2006, to be held at 9:00 a.m., at the Brooksville Headquarters, 2379 Broad Street, Brooksville, Florida; and Approved Minutes of the Meeting of the Governing Board, held on July 31, 2006.

Order Approving Transfer of Water and Wastewater Certificates to City of Leesburg

Request to acknowledge receipt of Order Approving Transfer of Water and Wastewater Certificates in re: Application for Transfer of Water and Wastewater Facilities to City of Leesburg, and cancellation of Certificate Nos. 627-W and 461-S in Lake County, by Lake Utility Company.

Annexation Ordinance from the City of Mount Dora

Request to acknowledge receipt of Annexation Ordinance No. 922, from the City of Mount Dora, annexing by voluntary petition property located at 3750 Lake Center Loop, said property being contiguous to the City of Mount Dora.  Passed and ordained the 17th day of October, 2006, by the City Council of the City of Mount Dora, Florida.

Southwest Florida Water Management District Budget in Brief – Fiscal Year 2006/2007

Request to acknowledge receipt of Southwest Florida Water Management District Budget In Brief – Fiscal Year 2006-2007 Annual Service Budget, which was adopted by the Governing Board on September 26, 2006, pursuant to the provisions of Section 373.536(6)(a)(1), Florida Statutes.

Notice Before the Florida Public Service Commission

Request to acknowledge receipt of Notice Before the Florida Public Service Commission – Notice of Commission Hearing to All Parties of Record and All Other Interested Persons – Docket No. 060644-TL.  Petition to recover 2005 tropical system related costs and expenses by Embarq Florida, Inc.

Two public hearings will be held in the above referenced docket, to begin at the following times and places:  Thursday, November 16, 2006, at 10:00 a.m. to 1:00 p.m., at the School Board of Lee County, Board Room, Dr. James A. Adams Public Education Center, at 2055 Central Avenue, Ft. Myers, Florida; and on Wednesday, December 13, 2006, at 10:00 a.m. to 1:00 p.m. (CST), at Ft. Walton Beach City Hall, City Commission Chambers, 107 Miracle Strip Parkway SW, Ft. Walton Beach, Florida.

Any person requiring some accommodation at the hearing, because of a physical impairment, should call the Division of the Commission Clerk and Administrative Services at (850) 413-6770, at least 48 hours prior to the hearing.  Any person who is hearing or speech impaired should contact the Florida Public Service Commission, by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).

Annexation Ordinance from the City of Tavares

Request to acknowledge receipt of Annexation Ordinance No. 2006-41, from the City of Tavares, annexing approximately 1.2 acres, located on the eastern side of CR 561, approximately 750 feet north of the intersection of CR 561 and CR 448.  Passed and ordained the 18th day of October, 2006, by the City Council of the City of Tavares, Florida.

Annexation Ordinance from the City of Mount Dora

Request to acknowledge receipt of Ordinance No. 898, from the City of Mount Dora, annexing within the City approximately 290.73 acres, generally known as Wolf Stone Estates subdivision, located on the southwest corner of Wolf Branch Road and Round Lake Road.  Passed and ordained the 3rd day of October, 2006, by the City Council of the City of Mount Dora.

Annexation Ordinance No. 2005-47, Correcting Scrivener’s Error

Request to acknowledge receipt of Annexation Ordinance No. 2005-47 (corrected Ordinance), previously distributed January 4, 2006, correcting scrivener’s error, as noted in legal description (Exhibit A).

Florida Public Service Commission – Notice of Commission Hearing and Prehearing

Request to acknowledge receipt of the Florida Public Service Commission – Notice of Commission Hearing and Prehearing to All Parties of Record and All Other Interested Persons – Docket No. 060644-TL.  Petition to recover 2005 tropical system related costs and expenses by Embarq Florida, Inc.

            A one-day public hearing will be held in the above referenced docket, to begin at the following time and place: Thursday, January 4, 2007, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.

            Any person requiring some accommodation at the hearing, because of a physical impairment, should call the Division of Commission Clerk, and any person who is hearing or speech impaired should contact the Florida Public Service Commission, by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).

            Notice of Public Hearing for Annexation and Rezoning from City of Groveland

Request to acknowledge receipt of Notice of Public Hearing for Annexation and Rezoning, from the City of Groveland.  The proposed Ordinances will be considered at the following public meetings:

            Groveland City Council Meeting, as the Local Planning Agency, on November 6, 2006, at 7:00 p.m.; Groveland City Council Meeting on November 6, 2006, immediately following the LPA Meeting; and Groveland City Council Meeting on November 20, 2006, at 7:00 p.m.  The meetings will be held at the Puryear Building, 243 S. Lake Avenue, Groveland, Florida.

            Ordinance No. 2006-11-106 – Annexing approximately 22 acres generally located southwest of the intersection of US 27 and SR 19, into the City limits of the City of Groveland, Florida.

            Ordinance No. 2006-11-107 – Reclassifying the zoning from AG and R-1, Lake County, to C-1, City of Groveland, for 22 +/- acres in the City of Groveland, owned by MPG Groveland Ltd. and A. F. Hickman and H. A. Miller, Trustees, within the City of Groveland, Florida.

            Ordinance No. 2006-11-108 – Reclassifying the zoning from AG, Lake County, and R-2, City of Groveland, to R-3, City of Groveland, for 37 +/- acres, owned by G.S. and P.A. Hart, Trustee, within the City of Groveland, Florida.

            Annual Report on Development of Regional Impact for Christopher C. Ford Commerce Park

Request to acknowledge receipt of Annual Report for August 16, 2005 through August 16, 2006, on the Development of Regional Impact for the Christopher C. Ford Commerce Park.

COUNTY MANAGER’S CONSENT AGENDA

Regarding Tab 9, Commr. Stivender wanted to recognize the annual grants from the Children’s Services providers, and she wanted to make sure everyone realized the amounts of money that are going out into the community to help the children in Lake County.  She stated that this year it was $254,000.00 to 14 different organizations, after going through a review process.  She stated that the County is still moving forward with this effort, and that they need additional monies with the population growth, but that this is a good start.

Commr. Pool stated that he thinks, as to Tabs 13-15, that the Board should recognize the citizens who requested that the County purchase their lands because of flood situations, and identify that the County is taking care of those citizens who are in need.

Commr. Cadwell stated that he appreciates the Board’s help pertaining to Tabs 13-15, and that it is the only way to fix that long standing problem, since there was no engineering solution.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board  approved the County Manager’s Consent Agenda, Tabs 3 through 22, and Addendum No. 1 - I., as follows:

Budget

Budget Transfer - Renewal Sales Tax - Capital Projects Fund, Department of Facilities Development and Management.  Transfer $12,840,165.00 from Buildings to Projects (Project 80010 – Downtown and South Tavares Expansion Project; Project 80050 – BCC Records Storage Facility; Project 80060 – Citrus Ridge Library; Project 80070 – Umatilla Health Clinic).  The Department plans to utilize the project accounting module of the new financial software.  The procedure to track projects requires a transfer from the budgeted major account line to assign an amount to each project number.  The projects and amounts listed are part of the Fiscal Year 2007 adopted budget.  The balances may be adjusted after the Clerk’s County Finance office completes “old year” expenditures.

Resolution No. 2006-208, to amend the Law Enforcement Trust Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $838,049.00 deposited into Confiscated Property and provide appropriations for the disbursement for Other Current Charges and Obligations ($768,049.00), Machinery and Equipment ($50,000.00), and Aids to Private Organizations ($20,000.00).  Unanticipated revenue has been received into the Law Enforcement Trust Fund from confiscated property for funding the Sheriff’s Office operating expenses.

Approval of request for payment of Lake County’s dues for Florida Association of Counties membership for Fiscal Year 2007.  The request exceeds the County Manager’s approval limit of $25,000. Total  payment is for $26,694.00.

Community Services

Request for approval and signature of revised Lake County Library System Interlibrary Loan Policy.

Request for approval of recommended library closings for calendar year 2007.

Request for approval and signature authorization of Proclamation No. 2006-206, recognizing November 16, 2006, as National Smoke-Out Day in Lake County.

            Request for approval and authorization for the Chairman to sign the FY 2006/07 Community Development Block Grant (CDBG) Partnership Agreement with Mid-Florida Community Services, Inc. in an amount not to exceed $18,180.00 to transport senior citizens to congregate meal sites; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval and authorization for the Chairman to sign the FY 2006/07 Community Development Block Grant (CDBG) Partnership Agreement with Mid-Florida Community Services, Inc. in an amount not to exceed $18,180.00 to be used to deliver weekend meals to homebound senior citizens; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval of annual grant funding for fourteen children’s service providers who have submitted applications for 2006/2007 county funds through the Citizens’ Commission for Children (CCC) Request for Proposal (RFP) process; request authorization for signatures on subsequent agreements contingent on County Attorney approval; request authorization to encumber and expend funds.

            Emergency Management

            Request for approval and execution of the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement with the State of Florida Division of Emergency Management.

Request for approval for (1) the FY 06/07 State Homeland Security Grant Program (SHSGP) Issue 6 Contract; and (2) the continuance of the part-time temporary position to perform required services.

Procurement

            Request for approval of a one-time purchase to International Restaurant Distributors, Inc. for kitchen equipment to be installed in the Lake County Jail.

            Public Works

            Request for approval and execution of a purchase agreement with Tina G. Bodnar; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy-Out Program – Commission District 5.

Request for approval and execution of a purchase agreement with William and Kathy Johnson; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy-Out Program – Commission District 5.

            Request for approval and execution of a purchase agreement with Cecile F. and Edgar Beaucher; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy-Out Program – Commission District 5.

Request for authorization to accept the final plat for Colina Bay and all areas dedicated to the public as shown on the Colina Bay final plat; accept a performance bond in the amount of $1,106,897.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Colina Bay, LLC.  Colina Bay consists of 73 lots and is located in Section 23, Township 22 South, Range 25 East – Commission District 3.

Request for approval to authorize and execute Resolution No. 2006-209, accepting Shetland Trail, Thoroughbred Trail, Appaloosa Trail, Welsh Trail, and Gere Lane into the County Road Maintenance System – Commission District 4.

            Request for approval of Resolution No. 2006-210, authorizing the posting of “No Trucks” (symbol) with “Over 4 Tons” and “Local Delivery Only” signs on Washington Street (1643), North Grassy Lake Road (1944), and posting advance “No Trucks” (symbol) with “Over 4 Tons”, “Local Delivery Only”, and Washington Street street sign for Washington Street posted on CR 50/Old Hwy. 50 (1551), east and west of Washington Street in the Minneola area.

Request for approval and signature on Resolution No. 2006-211, authorizing the posting of speed limit signs on the following roads in the Hilltop Subdivision – Commission District 4:  Gere Lane (4787C); Throughbred Trail (4787A); Shetland Trail (4787); and Welsh Trail (4787B)

Request for authorization to accept the final plat for Williams Place, which consists of 16 lots, and all areas dedicated to the public as shown on the Williams Place plat – Commission District 2.

Request for approval and authorization for Chairman to execute Satisfaction of Liens for fourteen road assessments, as follows:  No. 690010  - Lorraine C. Eckley; No. 690011 - Lorraine C. Eckley;   No. 694019 - Nancy E. Keener;  No. 694080 - William G. and Loretta Snyder;  No. 694181 - Charles McCann;  No. 694207 - Michelle M. Truesdell;  No. 696035 - Robert L. Chaney, et al;  No. 702018 - Ross H. Orris;  No. 702109 - Martin J. and Nancy Levesque;  No. 702023 - Deborah Weichel;  No. 702034 - Lori S. McElmurry;  No. 702035 - Frank and Kay Williams;  No. 702045 - David C Hite;  and No. 696040 - Valerie Horn.

Request for approval of an extension for Capital Improvement Projects and Regional Project from Fiscal Year 2005/2006 for the following municipalities; and authorization for the Chairman to execute the Amendments to Agreements when submitted:

City of Leesburg (Commission District 1)                                  $  15,000.00

Town of Lady Lake (Commission District 5)                             $  38,982.00

City of Mount Dora (CIP- Commission District 4)                     $  36,850.00

City of Mount Dora (Regional-Commission District 4)   $150,000.00

City of Clermont (Commissioner District 2)                               $  20,000.00

            ADDENDUM NO. 1 – I.

            Community Services (Cont’d.)

Request for approval to submit grant application for the Read and Write Around Florida Library Services and Technology Act (LSTA) Grant.

PRESENTATION – UPDATE ON PEANUT BUTTER (P.O.P.) PROJECT

Ms. Jennifer Sullivan, a high school sophomore, addressed the Board and thanked them for their endorsement of the Peanut Butter (P.O.P.) Project and opined that it wouldn’t have been as successful without their help.  She stated that Lake County collected a total of 2,771 jars of peanut butter, exceeding her goal of 2,500 jars, equaling a total of 4,017 pounds.  She commented that if the jars were stacked on top of each other, it would have been a hundred feet higher than the Empire State Building and the length of four football fields.  She reiterated her thanks, and commented that together they made a difference.

COUNTY ATTORNEY’S CONSENT AGENDA

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 23-25, as follows:

            Request for approval to execute a Perpetual Right-of-Way Easement with Sumter Electric Cooperative, Inc. for the Lake Jem Fire Station property.

            Request for approval of the Second Amendment to the Lease Agreement between Lake County and James Meadows for lease space for the Clerk’s Office, Sunnyside Plaza, 1206 Bowman Street, Clermont.

            Request for approval to advertise an Ordinance Creating a Proportionate Fair Share Program to establish a method for mitigating impacts of new development on transportation facilities.

            AWARDS/PRESENTATIONS

EMPLOYEE AWARDS

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

Presentation of Award to Employees with Five Years of Service

Donna Bailey, GIS Analyst/Stormwater, Public Works/Engineering/Stormwater

Dennis Martino, Equipment Operator I, Public Works/Road Operations

Robert Henderson, Equipment Operator III, Public Works/Road Operations

Presentation of Award to Employees with Ten Years of Service

Dondre Collins, Environmental Technician, Environmental Services/Hazardous Waste

Harrie Edwards, Landfill Attendant Supervisor, Environmental Services/Solid Waste Disposal Operations

Presentation of Award to Employee with Fifteen Years of Service

Bruce Talbot, Firefighter/Mechanic, Public Safety/Fire

Presentation of Award to Employee with Twenty Years of Service

Thomas Mitchell, Fire Lieutenant/EMT, Public Safety/Fire Rescue

Presentation of Award to Retiring Employee

Judy Evans, Expo Center/Fairgrounds Director, Tourism and Business Relations, Fairgrounds (Not Present)

Employee of the Quarter – Third Quarter

Roseann Johnson, Contracting Officer, Procurement Service

Supervisor of the Quarter – Third Quarter

Cindy Heffler, Customer Services Specialist III, Environmental Services/Solid Waste Operations

PRESENTATION – TAVARES HIGH SCHOOL SERVICE LEARNING CLASS -LAKE COUNTY RECYCLES DAY

Ms. Sharon Tatum, Educational Specialist, Environmental Services, introduced Ms. Cornell Glass’ Service Learning Class from Tavares High School.  She stated that they have diligently been learning about recycling and the effects that not recycling would have on our community, and that they will share their commitments to the recycling efforts.  Ms. Mary Katherine “M. C.” Witsman addressed the Board, thanking them for the opportunity to give their presentation, and introduced the other students that would be speaking:  Anita Montalvo, Eva Montalvo, Ferran Gayles, and Ariana Leal.   They stated that they have been meeting with Ms. Tatum for the last couple of weeks to discuss the causes that waste has on our environment and the world, and that even simple things such as electronic equipment has become hazardous to the environment if not recycled.  Their plan is to have pledge cards given out to all students at Tavares High School, who will take them to family, friends, and neighbors; talk about recycling; and have them sign an agreement that they will do what they can to recycle.  They stated in their presentation that it is up to them as representatives of the future to make the world a livable place for everyone.

Commr. Stivender expressed appreciation to Ms. Tatum and Ms. Glass.  She commented that Ms. Glass has been doing a great job with the students at Tavares High School for a number of years.  She also opined that in prior years, Tavares High School was one of the major contributors of a community service class at that time, and that she is glad that the course is back.

Commr. Hanson commented that the Service Learning Class was actually a spin off of a program that was created at South Lake High School when Groveland High and Clermont High merged to become South Lake, when Ms. Evelyn Robinson started a program called ACE at that school, which gradually grew into Service Learning.  She opined that it was one of the most wonderful programs for our young people, and that in giving back to the community, they are becoming better students.

PRESENTATION-POINTS OF LIGHT VOLUNTEER AWARD

Commr. Hanson introduced Mr. Chandler Watkins, who stated that he is very honored to win this award and that he encourages others to do what he has done by helping the community and by giving to the homeless and to people that really need it.

Commr. Hanson commented that the Governor’s Points of Light Volunteer Award is the highest honor that Florida has to distinguish those among us who serve with their hearts to make our State a better place in which to live.  It recognizes those Florida residents and organizations that demonstrate exemplary volunteer service to their community.  The recipients have ranged in age from 6 to 101 years old, and the common thread is their love of their community and their belief that through volunteering, they can make a positive impact.  Their commitment is what Governor Bush wants to recognize through the Points of Light Award Program.  She stated that Mr. Chandler Watkins has organized food drives for our local food banks since he was four years old.  Every birthday instead of asking for gifts, Chandler asked for canned food so that he could donate it to feed hungry people.   Last birthday, he collected over 100 pounds of food for the Leesburg Food Bank.  Chandler also collects toys and clothes to donate to needy kids every Christmas.  She commented that he has a generous heart and always thinks of helping others before himself.  He won the Disney Dreamer and Doer Award this year for his good deeds, also.  As part of the award, Chandler was given free tickets to all the Disney parks; but he immediately gave those tickets to his teacher and guidance counselor and said he wanted to share the award with them.  Chandler attended Beverly Shores Elementary School’s gifted program last year and is now enrolled at Christian Home and Bible School.  He is continuing to do good deeds and is already planning his birthday food drive for next year.  He is the son of Dr. Chad Watkins and Natalie Watkins, and the grandson of James C. Watkins, Clerk, and Vicky Watkins, and Dr. Joseph Sahab and Judith Sahab.

Commr. Hanson presented Chandler with a letter from the Governor.

PRESENTATION – FUNDING OF PERFORMING ARTS CENTER AT LAKE

SUMTER COMMUNITY COLLEGE

Dr. Charles Mojock, President, Lake-Sumter Community College, addressed the Board to give an update on the funding of the Performing Arts Center at the Lake Sumter Community College.  He stated that the City of Leesburg pledged $3 million over a five year period to the center.  The Tourist Development Council’s recommendation of $3 million over ten years if the resort tax is increased, has led them to look at where they are with the capital campaign and their timetable, and identify some future sources of funding in order to qualify for the State matching fund requirements.  He commented that he was concerned that the escalating construction costs were not going to make the project feasible if they wait several years.  His group had a meeting recently along with Ms. Cindy Hall, County Manager; Mr. Ron Stock, Leesburg City Manager; Mr. Ed Brooks, from First National Bank of Mount Dora; and Ms. Barbara Mittermaier, President of the Performing Arts of Lake Sumter (PALS).  They investigated what they could do in terms of financing with the pledges of support that they have or that may be forthcoming.  He relayed that Mr. Brooks’ research with some bond agencies indicated that given the nature of the City or County governmental sources of funding, that these are possible areas for bonding, which could bring in the dollars that they need for State matching.  He commented that there is also an option of a consortium of local banks that would like to participate by backing the funding.  He also mentioned the option of private placement, which he opined didn’t seem to be as attractive as the first two options.  He stated that the PALS group, a dedicated group of Lake County citizens that has been working since 1999 for the capital campaign and development of the Performing Arts Center, recently presented Lake Sumter Community College foundation with a check for $500,000.00.  This is the second check from private contribution pledges that are being paid off over time, the first one for $540,000.00, making a total of over one million dollars.  He has also heard from the City of Leesburg that they are ready to write them a check for $500,000.00.

Dr. Mojock stated that they have a February 1, 2007, deadline with the State to have funds in the bank to be matched for the next legislative session, and that he feels that this deadline is not likely to be reached.  However, he feels that they can start taking some of the next steps of project planning, such as design work and update of cost estimates.  He opined that by Spring, he could possibly move forward if he gets the financing in place by December 2007, and that in the summer of 2008, they could start contracting for construction.  He stated he would like to hear from the County Commission what their thinking is on their next steps and whether they are on the right track.  He opined that hopefully the Board will see that this project is moving forward and that this is a viable project that they will support.

Commr. Pool asked Dr. Mojock if the deadline to receive matching funding is an ongoing process.  Dr. Mojock responded that the deadline of February 1, 2008, will be the next window after the February, 2007 deadline.

Commr. Pool asked if there is a cost estimate on the architectural design fees.  Dr. Mojock answered that they do not have one yet, but that they are looking at going to schematic, putting a Request for Proposal (RFP) out, and go through their normal process for selecting an architect, which takes about a month or two.  Commr. Pool commented that the Board asked staff to come up with some funding thoughts.

Ms. Cindy Hall, County Manager, stated that the extra penny brings in about $500,000.00 per year, and the Tourist Development Council recommended that $300,000.00 of that per year be dedicated to this project.  She stated that Dr. Mojok’s group has been looking into working with banks to do the financing from an outside source, not through the County, but that the County has not specifically been looking at ways of financing this.  Ms. Hall related that another proposal from the Tourist Development Council was that the amount of money they are contributing be matched by a similar amount of money through the general fund.

Commr. Stivender stated that the Performing Arts Center group has been trying to figure how to fund the project without putting a burden on one entity and how the system of getting the one penny tax would work to help smaller organizations throughout the county.

Commr. Cadwell asked if the bonding of the Performing Arts Center would affect the County’s bonding capacity.  The County Manager answered that it would not affect it, because they were going to be handling it on their own.

Commr. Cadwell also opined that it does not look like they have gotten their other partners “on board” yet.  He also stated that the issue of the extra penny tourist tax needs to be resolved by the Board before any other issues would be discussed, and that the matching funds from the general fund would have to be discussed as well.  He asked Mr. Sandy Minkoff, County Attorney, what the Board can legally commit to as far as general fund expenditures, and whether the Board could, in the future, decide not to use the general funding for that purpose.  Mr. Minkoff responded that it is correct that the Board could later decide to halt funding from the general fund.

            Dr. Mojock responded by stating that had been discussed with the bond agencies, and given the nature of the obligation and the community service element of the project, they generally feel confident that that would not be a barrier to providing financing.

            Commr. Hanson commented that she thought this was a wonderful opportunity, and that it goes beyond culture to economic development, and that you cannot get the businesses in town if you do not have the culture.  She believes that it is important to support the community organizations, but that it is also critical for them to have a project such as this, which is an umbrella type project that affects the entire county.  Commr. Hanson commented that they should keep the big picture in mind, and she would not think the Board would want to lose the opportunity that this project brings.

            Commr. Stivender responded that the Tourist Development Council would agree with Commr. Hanson’s opinion.

            Commr. Pool commented there was momentum with County support as well as involvement of the cities.  He also stated  that he has received a letter from the City of Minneola asking for a portion of the penny tax for sports, and that there may be competing needs and wants for the extra penny of tourist tax within the County.  He asked Ms. Hall when the vote will occur for the one cent tax.   She responded that the Board would need to direct staff to draft an Ordinance to bring back to the Board.

            Commr. Cadwell asked Dr. Mojock if they can match the project’s costs to what the funding will be.  Dr. Mojock replied that he would do that, and that the original plan was for 1600 seats, which they bumped up to the 2000 seat range, based on feedback they got from talking to agents and people around the country about size and relative need as far as attracting some national touring companies and those types of things.

            Commr. Stivender commented that one of the reasons it was bumped up to 2000 seats is so that some high schools could use it for graduation.

            Commr. Hill opined that she was reluctant to vote for the motion because she feels it would be unfair to the two new Board members to have the discussion as an agenda item, and she believes that they should be informed of this issue in a workshop, so that they can hash over some issues.  She opined that this is a very major decision for them to decide where to place the last penny of a tax.

            Commr. Hanson commented that the new candidates have all already met with many of the supporters of this and are knowledgeable about the issue.

            Commr. Cadwell asked Mr. Minkoff to clarify that the Ordinance itself would not spell out the division of the dollars, that it would only levy the additional penny.  Mr. Minkoff responded that that was correct, and that they would mimic the statutory language so that it would state that it would be limited to the uses allowed by Statutes.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried, by a vote of 4-1, the Board approved to direct staff to prepare an agenda item for the extra tourist sales tax.

            Commr. Hill voted “No.”

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            BUDGET

            REFUND OF SCHOOL IMPACT FEES

            Ms. Wendy Wickwire, County Impact Fee Coordinator, addressed the Board, stating that this Agenda item is an appeal by Mr. John Nuedorff, a resident of Leesburg, for a refund of the school impact fees paid on his building permit through the City of Leesburg.  The property on which he built had a prepayment certificate purchased for it for $424.00 for a two-bedroom home.  Mr. Nuedorff has built a three bedroom home, but his argument is that when the County changed their school impact fee to a flat rate per home, that it negates the number of bedrooms required on that prepayment certificate.

            Mr. John Nuedorff addressed the Board, stating that he is building a home at 1010 Riviera Drive in Leesburg, and thanked the Board for the opportunity to address them.  He stated that he purchased a lot in Leesburg to build his home in 2005.  In June of 2006, he paid the impact fees of $7,055.00.  Several weeks afterward, he was advised that a previous owner had prepaid the school impact fees in July of 2003 in the amount of $424.  The fees at that time were based on the number of bedrooms the planned house was to have, but that house was never built.  The new impact fee schedule was adopted by Lake County effective February 1, 2005, erasing any distinction based on the size of the house.  His argument was that the school impact fee was satisfied in 2003; and the County erased any distinction based on size prior to his purchase in 2005.  He stated that he could not get a refund of his mistaken payment because he built a three bedroom home instead of two, and he believes he is entitled to a refund of the $7,000.00 that he paid.

            Ms. Wickwire commented to the Board that staff is recommending denial of the request.  She commented that at the time the $424 fee was calculated, it was based on a formula dating back to 1996, basing the fee on the number of bedrooms; but if the fee was calculated the same way it is done now, that fee would have been a lot higher.  Also, that would set a precedent for any one coming in with any prepayment certificates that were purchased prior to the fee going to a flat rate per home.

            Commr. Cadwell commented that there have been other instances where people have prepaid the impact fees and then come in and built something different.  Ms. Wickwire stated that many people have done that, and the County’s policy has always been to charge the difference between what was prepaid and what the new rate would be.

            Mr. Nuedorff stated that if he had known ahead of time that the fees had been  prepaid, he possibly would have built a two-bedroom home, but he was not advised until several weeks after paying the fees that it had been prepaid.  Ms. Wickwire responded that it is ultimately the responsibility of the purchaser of the prepayment certificate to provide it when they pull their building permit in order to get credit.

            Commr. Pool asked Ms. Wickwire that if he had built a two-bedroom home, would he have had a full refund.  She responded that if he had built a two-bedroom home, and the prepayment certificate had been turned in, he would have paid no school impact fee, because he would have built what he prepaid for.  If he built a two bedroom home, and the prepayment certificate was not turned in, then he would have been entitled to a refund of the full $7,055.00 that was charged.  Under the circumstances, he is entitled to a refund of the $424.00 that he should have received as credit towards the current fee because of the prepayment certificate.

            Mr. Nuedorff stated that he would be glad to call one of his bedrooms a den if that would make anyone happy.  Ms. Wickwire responded that they do have guidelines now as to what is a bedroom and what is not, and that they no longer go by what is on the plans.

            On a motion by Commr. Hill, seconded by Commr. Cadwell and carried, by a vote of

4-1, the Board denied the refund of the impact fees paid by Mr. Nuedorff, but approved the refund of $424.00 less than the 3 percent to the City of Leesburg for their administrative costs.

            Commr. Stivender voted “No.”

            EMPLOYEE SERVICES

            SICK LEAVE BANK POLICY

            Mr. Jim Condon, from Facilities Management and a member of the Employee Advisory Committee (EAC), addressed the Board, thanking them for the opportunity to present some possible changes to the current Voluntary Sick Leave Bank Policy.  He commented that it was a contributory system, and therefore there is nominal cost to the County.  He stated that these changes are requested as a collaborative effort between the employees and the Employee Advisory Committee to improve the Sick Leave Bank Program.  The program allows our employees an opportunity to participate in a leave bank from which they can withdraw when they have deleted their leave accruals due to a serious personal injury or an illness.  Some recommendations by the EAC include reducing the waiting period from one year to six months to coincide with the end of the probationary period, adjusting the enrollment hours to 40 from the original 80, and allowing participants to request a second withdrawal if medically necessary to complete the course of treatment or rehabilitation.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the new Voluntary Sick Leave Bank Policy.

            Ms. Cindy Hall, County Manager, thanked the Employee Advisory Committee, and commented that they are a very dedicated group of people.  She stated that they meet monthly with her, and that they worked quite a while on this and put a lot of time, effort, and thought into this policy.

            PROCUREMENT

            AJAX BUILDING CORPORATION CONTRACT

            Mr. Jim Bannon, Director of Facilities Development and Management, addressed the Board, stating that they are submitting for the Board’s approval the contract for construction management services from Ajax Building Corporation for the South Tavares complex.  He commented that the contract was a fully comprehensive contract that defines all of their services through completion of the project.  He also stated that initially they are only approving the pre-construction services in the amount of $244,700.00, which would be for the services of the Construction Manager to establish a guaranteed maximum price on the project, and they will return to the Board with that guaranteed maximum price for the Board’s subsequent approval.

            Commr. Stivender asked Mr. Bannon what the fee was based on.  He responded that the fee is basically based on the amount of man/woman hours associated with the project and the time that their staff travel to and from meetings.  He opined that it was a fair fee given the size of the project, and stated that it was not based on percentage.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the contract for Ajax Building Corporation to act as Construction Manager for the South Tavares complex.

            RECESS AND REASSEMBLY

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

            PUBLIC WORKS

AGREEMENT BETWEEN LAKE COUNTY AND THE VISTAS HOMEOWNERS

ASSOCIATION, INC.

Mr. Jim Stivender, Jr., Public Works Director, addressed the Board, regarding a request from Public Works for the approval and signature of the Chairman on the Agreement between Lake County and The Vistas Homeowners Association, Inc.  He stated that this item was brought before the Board on August 1, 2006, to go forward with negotiations and get a price for the project to eliminate the paved access at Lake Shore Drive at the Vistas.  He commented that they have done that, and that the total cost estimate is $14,227.06, and that the County’s impact is $6,726.78, with the difference being paid by the Homeowners Association of $7,500.28.  He commented that the County is paying less than the Homeowners Association.  He stated that there were representatives from the Homeowners Association at the meeting as well as representatives opposed to this agreement.  He stated that he recommends approval to move forward with the project, and feels that it is exactly what the Board asked them to do back in August.  He opined that the burden will not be completely on the taxpayers, since the Homeowners Association is shouldering more than half the costs.

Commr. Stivender commented that she has been appointed by the School Board to be on the Advisory Boundary Committee in the south end of Lake County, which is helping in redistricting lines for the two new elementary schools that are being built, one in the Four Corners area and one in the Minneola area.  At a public meeting last night at East Ridge High School, where the parents affected by the rezoning attended, there was a major discussion from parents who live in the Vistas. Their concern was that their children already have to leave for school at 7:15 a.m., and that if the school buses cannot come in and out off of Lake Shore Drive, it will add 15-20 minutes onto their bus ride, and they wanted the Board of County Commissioners to be aware of it.

Ms. Leslie Campione, Esquire, addressed the Board on behalf of Tom and Nancy Madden, who are lot owners within The Vistas subdivision, to ask the Board not to approve this agreement.  She opined that the reason was based primarily on legal rights that cannot or should not be extinguished through the removal of payment and the installation of an earthen berm, which she believes would be tantamount to a road closure.  She commented that Florida Statutes are very clear about what has to occur when there is a road closure. Property owners in a platted subdivision have rights, such as implied easements over platted streets and a right to utilize that road.  She stated that the barricades that were originally placed there were placed as a temporary solution in an effort to eliminate the cut-through traffic and try to alleviate some safety issues while the connector was being explored, planned, and finally built.  She opined that the County’s Code does not allow a berm or obstruction to be placed in a right of way.  She stated that historically, obstructions have been allowed in different forms, but only outside the parameters of the road itself.  She stated that this case certainly can be challenged, and she urged the Board to not undertake an action that violates their own Code and Florida Statutes.  She opined that the solution would be a manual gate where the barricades currently are, which would be deemed temporary, and then when the connector is in place and people are used to using that route, the gates could be opened and traffic counts could be conducted, to get an idea of whether the connector relieved the cut-through traffic that was causing so many problems.  She believes that to be a less costly solution.  She informed the Board that her clients have filed a petition against their HOA asserting that they have a dispute, and under Florida Statutes, they are entitled to seek mediation, which she believes will end up in litigation over whether the Board has the authority to give away the rights of lot owners who are not in agreement with what they are doing.  She commented that if the money in this agreement is expended by the County, there is a very good chance that the money would be wasted, and that they would also have to expend a large amount of money to remove the berm.  She urged the Board to look for a solution that would take care of the issues without imposing something that is permanent and contrary to Florida Statutes and the County Code.

Mr. Sandy Minkoff, County Attorney, stated that he and his staff looked into this issue, and that they do not necessarily agree with Ms. Campione’s conclusions.  He commented that the Code provision has the words “unless authorized by the Public Works Department.”  He stated that in this case the barricades would be authorized, and that they are not vacating the road right of way.  He stated that the Statutes authorize the County to maintain traffic and even to create cul-de-sacs in some instances, and he believes that the action would be valid, and that they are preserving access through the site through pedestrian access.

Ms. Campione responded by stating that she disagrees with Mr. Minkoff’s conclusion, and that she thinks it would subject the County to a level of liability from not only a lawsuit, but also from damages that would ultimately be paid for by the taxpayers.  She opined that a decision to enter into this agreement would not be in the best interest of the County, since there is a pending lawsuit between lot owners and the HOA, and would urge the County to look at other solutions such as a manual gate.

Commr. Hanson commented that she does not think the gate has ever been presented as an option during previous discussions of this issue with the Board.  She clarified that Ms. Campione is asking for a postponement until some issues have been resolved, and that she does not have a problem with postponing this decision for 30 days.

Commr. Cadwell commented that he met with Mrs. Madden this week and told her that he was not inclined to change his mind, and that it was time to put this issue to rest, since it has been ongoing for over a year.  However, he stated that he has not heard the issue about the school bus brought up by Commr. Stivender, and that he would like something in writing from the School Board confirming that.

Commr. Pool stated that the homeowners might vote on the idea of a gate, since it would stop the traffic, and if they wanted to go through they could, and it would not be a permanent closure.  He stated that he does not have a problem with postponing this issue.

Commr. Cadwell commented that the Board should keep in contact with Mr. and Mrs. Madden on the process and inform them of any future Board meetings regarding this issue.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board postponed approval of the Agreement between the County and The Vistas Homeowners Association until the first of the year (January, 2007), giving time for the School Board to research their bus routes and to look into any issues or options concerning the closing of the road.

OTHER BUSINESS

APPOINTMENT TO LAKE COUNTY LIBRARY ADVISORY BOARD

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board appointed Ms. Cheryl Coco as the Lady Lake Public Library’s Member Representative on the Lake County Library Advisory Board, to complete an unexpired term ending February 28, 2008.

REPORTS - COUNTY ATTORNEY

AMENDMENT TO INTERLOCAL AGREEMENT WITH CENTRAL LAKE CDD

            Mr. Sandy Minkoff, County Attorney, requested approval of the Amendment to the Interlocal Agreement authorizing the Central Lake Community Development District (CDD) to serve an additional area of about 47 acres with utilities.  He stated that he had provided a copy of the Agenda item to the City of Howey in the Hills.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request for the Amendment allowing Central Lake CDD to serve the additional area.

            CHANGE TO WOODLANDS AGREEMENT

            Mr. Sandy Minkoff, County Attorney, requested approval to change the Woodlands Agreement to allow an extension of time of 60 days for Prestige Concrete to explore relocating to the Christopher C. Ford Commerce Park.  He explained that this change would slightly change the Settlement Agreement, but would not change any of the impact of when they had to finally leave, just the due diligence period to look at the County’s site.  He recommended approval of that change to the Agreement.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request to extend the time to 60 days for Prestige to explore relocation to the Christopher C. Ford Commerce Park.

            ADDENDUM NO. 1 (CONT’D.)

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES

            COMMUNITY HEALTH WORKER CAPACITY DEVELOPMENT

            Mr. Fletcher Smith, Community Services Director, addressed the Board regarding the Community (Lay) Health Worker Program.  He stated that the Health Communities Access Program (HCAP) grant that the County secured several years ago is ending in February, 2007.  He stated that at the present time, the County has an excess of $400,000 left on that grant that can be used to fund programs and structures out in the community to provide sustainable types of programs for community health initiatives.  They have looked at a number of different model projects throughout the State and the Country, including the Rural Women’s Health Project in Alachua County, which utilizes volunteers in the community to act as lay health workers, promote educational awareness and linkages to health services throughout the County, and serve as advocates in that community for a number of issues.  He commented that they have funds that they can use from the HCAP grant in the amount of $75,000.00 to initially start the program and run it through the end of February, and that would cover training, operational cost, and cost of a coordinator that would manage the community volunteers, but after February 28, 2007, they would need another source of funding.  He has identified potential funding in his departmental budget through the Health Care Responsibility Act (HCRA), which is State mandated funding.  He opined that this was a great program, and that if he gets approval of the program, during the seven months from March through September, 2007, they will be working to identify other funding sources, and that there are a number of grants that are aimed at nonprofit and local agencies to provide these types of services.  He commented that he is looking to target the Hispanic community in South Lake County, which has a great number of needs.  One of the issues that will be addressed is diabetes management.  He asked the Board if they would consider funding this unique type of project, which would make a positive difference in the communities.

            Commr. Hill commented that this Committee has done their very best to identify how to best utilize those last remaining dollars.  She commented that this is not new money, but a shift, and that they probably could have done this without coming to the Board, but it is a new program and idea, but with the existing funds.  They wanted to make sure that the Board was well informed of how this committee is functioning, and that they are doing very well.

            Mr. Smith stated that they will be hiring the coordinator as a limited-term grant funded County employee until the end of September, 2007.  During the interim between the end of March and September, they would be looking at a nonprofit that would take ownership of the program and look at additional funding that nonprofits are eligible for.

            Commr. Hanson commented that at the end of the funding term, what they would look at would be how much leveraging has been accomplished using the dollars for that staff person, and then look into pulling together all the volunteers in the community and the greater collaboration of the different agencies that are providing health care.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request from Community Services to utilize Health Communities Access Program (HCAP) funds for Community (Lay) Health Worker (CHW) capacity development.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT  NO. 3

            STUFF THE BUS PROGRAM

            Commr. Stivender requested that Mr. Fletcher Smith, Community Services Director, address the Board regarding the “Stuff the Bus” Program, using Transportation Disadvantaged buses, which takes place the first two weekends in December.  Mr. Smith explained that Lake County Connection is working with the Transportation Disadvantaged Program and the Department of Community Services to participate in the food drive in Lake County.  He stated that the concept was to have a bus parked at each one of the Walmarts in the County, which include South Lake, Golden Triangle, Leesburg, and the Villages, and have posters and advertisements showing that they are collecting food for the holidays.  They will secure some volunteers that will sit at those sites, talk about the program, and collect the food.  He opined that he thought it was a good program, and they wanted to talk with the Board to make sure they were on board to do this program.

            Commr. Stivender commented that they will also be able to advertise the new name of the transportation system because the Board will have chosen it by the time they have the buses out there.  She stated that a motion was not necessary on this item, and she just wanted the Board to be aware of it.

            REPORTS - COMMISSIONER HILL – DISTRICT NO. 1

            PARTICIPATION IN GOVERNMENT DAY IN THE VILLAGES

            Commr. Hill thanked employees who came out for Government Day in The Villages, and gave special appreciation to Mr. Tom Osebold, with the Veteran’s Administration; Mr. Chris Patton, Information Outreach Department; and Ms. Brenda Quattlebaum and Ms. Allison Thall, Elder Affairs Director, Community Services.  She commented that they had a good time and saw a lot of people, a lot of them from Sumter County.  She stated that many people came by and remarked about how wonderful and lovely our brochures and all the things they do in house were, and how they were nicer than the other counties.  Everyone was very impressed, and some of the other counties came over and looked over some of our materials and took them back.

            40TH ANNIVERSARY PLAQUE FROM LAKE COMMUNITY ACTION AGENCY

            Commr. Hill relayed to the Board, to be displayed later, that they had received the 40th Anniversary plaque from the Lake Community Action Agency.  She commented that it was very nice, and that the Agency really appreciated all the years that the County has participated in their organization.

            MARTIN LUTHER KING CELEBRATION IN FEBRUARY, 2007

            Commr. Hill stated that the Board got a letter regarding the Dr. Martin Luther King celebration that will be held in February, 2007, and she wanted to make sure that they participate.

            REPORTS - COMMISSIONER POOL – DISTRICT NO. 2

            A FINAL FAREWELL AND THANK YOU FROM COMMISSIONER POOL

            Commr. Pool stated that, this being his final Board Meeting, it had been an honor to serve with all the members of the Board of County Commissioners and the general public, one he was not expecting when he started years ago.  He commented that after 26 years, he appreciated the opportunity, and when he looks back on the different challenges they had and the opportunities that they have seized, that it has been wonderful.  He stated that the Parks and Recreation Land Acquisition Programs; the library program, with the five branch libraries with two new ones coming on line; the Joint Planning Area (JPA) Agreement with the Cities; the incinerator; and the transportation with the LSMPO (Lake-Sumter Metropolitan Planning Organization) have all been exciting.  He commented that it has been a rewarding experience for him.  He stated that it could not have happened without family, a loving wife, Beverly, and a lot of friends, and that he goes forward with regrets, but excited about a new chapter in his life.

            REPORTS - COMMISSIONER STIVENDER – DISTRICT NO. 3

            FLORIDA BAND ASSOCIATION’S MARCHING ASSESSMENT FOR 2006

            Commr. Stivender stated that on Saturday, November 4, 2006, the Florida Band Association had their Marching Assessment for 2006 at Leesburg High School.  She commented that all the Lake County Bands either scored Excellent or Superior.  Tavares, Umatilla, Eustis, Leesburg, and East Ridge scored Superior.  Mount Dora and South Lake scored Excellent.  Groups from Marion, Citrus, and Lake County participated; and Lake County was well represented.  She opined that they did a great job and should be commended for that.

            REPORTS – COMMISSIONER CADWELL – DISTRICT NO. 5

            MEMORIAL TO SHERIFF CHRIS DANIELS

            Commr. Cadwell requested that the Board officially accept a procedure for the next 30 days to accept recommendations and requests from citizens or groups in regard to some type of memorial for Sheriff Chris Daniels.  He suggested that once they compile that list, that they meet with Sheriff Borders and Sheriff Daniels’ family and decide on a common project that everyone would feel comfortable doing for the memorial, and then bring it back to the Board for their approval.  He stated that there should be a process, since so many people want to do things to commemorate Sheriff Daniels, and this would give them a framework to do that.  He stated that all requests should be forwarded to the County Manager and let her compile the list, and then go from there.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request to set up a process to gather recommendations for Sheriff Daniels’ Memorial.

            ROAD NAMES FOR LAKE JOSEPH LANDING

            Commr. Cadwell addressed the Board, regarding an item that was brought up under Public Comment during the Board Meeting of October 17, 2006, in regard to a request for approval of road names for Lake Joseph Landing.  He stated that he thinks the Board got a copy of the Staff Report about this issue.  He commented that when they set up those rules regarding road names, they were concerned about development coming in and taking proper names that the County would want.  He stated that in this particular subdivision, Lake Joseph Loop was fine, because it was named after a lake, but the other two roads were Hayley Way and Abigale Court.  He opined that while they are named after proper names of people, he did not see a reason why it would not be alright to use those names.  He is not worried about setting a precedent, because the rules state that names cannot be used unless approved by the Board, so if the situation happened again, it would come back to the Board.  Another reason for the rule is that it may create confusion in the future with 911 call handling and dispatch.  However, he believes any of those names would have to be approved through 911 ahead of time, and if there was a problem, they would make a recommendation to the Board that the name has previously been used.  He stated that if the staff approves these names and there is no problem with duplication or sound-alike situations, that the Board would waive their rule and approve Hayley Way and Abigale Court.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the names of Lake Joseph Loop, Hayley Way, and Abigale Court as names of roads in the Lake Joseph Landing development.

            REPORTS - COUNTY MANAGER

            OPERATION WREATHS ACROSS AMERICA SERVICE

            Ms. Cindy Hall, County Manager, addressed the Board, stating that she had received a letter from the Civil Air Patrol in Leesburg, who have been requested to be the lead agency in Operation Wreaths Across America.  This is a service conducted at Arlington National Cemetery and at cemeteries and memorials across the United States, where there will be presentations of Christmas wreaths in honor of deceased service members and to honor those currently involved in the fight against terrorism.  They have requested to have a short service in front of the County’s World War I monument in front of the museum, on December 14, 2006, at noon, for simultaneous presentations that coincide with the services at Arlington.  She requested approval by the Board to let them know that the County would be glad to do that.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the conducting of Operation Wreaths Across America services at the World War I monument on December 14, 2006, at 12:00 p.m., by the Civil Air Patrol.

            CONVERSION OF OLD COOPER MEMORIAL LIBRARY SITE

            Ms. Cindy Hall, County Manager, stated that she has had a discussion with the constitutional officers and the City of Clermont about looking into converting the site of the old Cooper Memorial Library into a location where they might have a presence in South Lake County for the constitutional officers.  She requested authorization to start participating in some of those discussions on behalf of the Board as they are developing some ideas.

            Commr. Pool commented that he was aware of the meetings, and that he does not know what became of an idea to build a three-story structure, utilizing different portions.  He asked if they were now thinking about razing the building and putting a different structure in its place.

            Ms. Hall responded by saying that they are still discussing those things, and that they have not really participated in the discussions because they have not had Board approval to do so, and she is bringing it before the Board so that they can start participating in some of those  discussions.

            Mr. Sandy Minkoff, County Attorney, stated that Commr. Hanson authorized him to go to some of those meetings, so they have been monitoring it, but that Ms. Hall was asking for a more involved approach.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the request to allow the County Manager to go forward with negotiations regarding conversion of the site of the old Cooper Memorial Library for a location for constitutional officers.

            REPORTS - COMMISSIONER HANSON – CHAIRMAN AND DISTRICT NO. 4

            WEKIVA TRAIL PROJECT

            Commr. Hanson requested Board permission to add an item to the Agenda regarding the Wekiva Trail Project.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved adding said item to the Agenda.

Commr. Hanson introduced Mr. T. J. Fish, Executive Director, Lake Sumter Metropolitan Planning Organization (MPO), who addressed the Board.  He stated that the MPO Board took action in August, 2006, to reprioritize all the proposed enhancement projects, which are typically trail projects seeking federal funding, and that the MPO Board at that time prioritized the proposed Wekiva Trail as Number 8 on that list.  He commented that currently the status of that concept is to link Mount Dora to Seminole County, particularly Sanford, with a trail system that would also enhance the Mount Plymouth and Sorrento communities, and potentially connect with the West Orange Trail.  He stated in order for it to be a project, there must be a public sponsor to show that local government will take the lead and manage the project.  The first step in the project management would be to do a Planning, Development, and Environmental Study (PD&E).  The plan is to receive federal funding through the Florida Department of Transportation as long as there is demonstrated public support from the local governments.  There have been negotiations about the CSX Railroad, and the concept is to have the trail from downtown, possibly using the existing railroad trestle across U. S. Highway 441.  He stated that the City of Mount Dora is willing to participate and potentially file the necessary paperwork jointly.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request from the LSMPO for the County’s support of the Wekiva Trail Project.

            RIBBON CUTTING CEREMONY FOR SHETLAND TRAIL

Commr. Hanson stated that they had the ribbon cutting ceremony for the Shetland Trail on November 6, 2006, in Sorrento, and extended appreciation to the citizens and the Public Works’ staff that made that happen.

            THANK YOU TO STAFF FOR STATE OF THE COUNTY ADDRESS

            Commr. Hanson thanked staff for the State of the County Address, specifically Mr. Chris Patton, Ms. Kelly LaFollette, Ms. Magna Contreras Cordero, and Ms. Elizabeth Heine, from the Information Outreach Department.  She opined that this year’s State of the County Address was by far the best one so far, and that the County does better and better each year.  She stated that one comment that came out of the newspaper regarding accomplishments mentioned at the State of the County Address, was that the Land Acquisition Program was probably one of the most important programs that the Board initiated, and one that has very far reaching effects.  She stated that hopefully they have planted a lot of seeds that would come together resulting in beneficial initiatives. such as the Health Care Committee using volunteers, that was mentioned at this meeting that Commr. Hill is working on.  She commented that she is very excited about Lake County, and she will miss the role as Chairman.  She thanked everyone for allowing her to serve for 16 years. She stated that hopefully they made a difference in the county, and it is certainly not the same county it was back in 1990.  She declared that she throws the gauntlet out to the Board and the incoming Commissioners; and that certainly their jobs are tough, their decisions are tremendous, and that she wishes them well.

            PRESENTATIONS TO OUTGOING COMMISSIONERS

            PLAQUES FROM LAKE-SUMTER EMERGENCY MEDICAL SERVICES

            Mr. Jim Judge, from Lake-Sumter Emergency Medical Services (EMS), presented Commissioners Hanson and Pool, on behalf of the Lake-Sumter EMS Board of Directors and staff, with plaques thanking them for all of their support over the last six years.  He commented that it has meant a great deal to them and helped them to be where they are today.  He stated that the plaques were in recognition and appreciation for exemplary leadership and services of the Lake County Commission, and that their dedicated support of Emergency Medical Services helped make Lake-Sumter EMS one of the most innovative and cost effective governmental public safety agencies in the State of Florida.  He thanked them and stated that he looked forward to their continued support as prominent citizens of Lake County.

            Commr. Hanson commented that she could not say enough for Mr. Judge and Commr. Cadwell for their leadership in this effort.

            Commr. Pool commented that when EMS is called upon, they are there, and that he appreciates that.  He also stated that they are first class.

            PLAQUES FROM TRAIL FRIENDS

            Mr. Richard Dunkel, from Trail Friends, addressed the Board, stating that in Seminole County in the mid 1990’s, he was glad to have a champion for trails on the Seminole County Commission, since people were wary of having trails near their homes, but after a while they were finally glad to have the trails, and later the goal was to have a trail within a mile of every residence.  He stated that in the late 1980’s, he also approached Lake County regarding trails, after the approval of the Apopka to Mabel Trail, but it got a lukewarm reception.  Then, as things started developing with the Wekiva, the issue of trails got on the radar screen with Commr. Hanson and Commr. Pool, and they became their champions in Lake County.  He commented that Lake County is now where Seminole County was in 1995 or 1996 as far as creating trails, and that it will be very important to this County.  He presented Commr. Hanson and Commr. Pool with plaques expressing appreciation from Trail Friends.  He commented that he looks forward to working with the remaining and new Commissioners to keep the trail program working, because it is an exciting thing for the community.

            PLAQUES FROM LAKE COUNTY COMMISSION

            Commr. Cadwell presented Commr. Hanson with a plaque commemorating her 16 years of service.  He commented that when she drives around Lake County, she should look at the libraries, parks, trails, and roads, and know that her legacy is going to be embedded in Lake County and that history is going to be good to her.  He expressed appreciation for her years of service.

            Commr. Cadwell presented Commr. Pool with a plaque commemorating his 8 years of service.  He commented that Commr. Pool has brought a real impact to the Board, was always positive, and that he never heard him say a negative thing about anyone.  Commr. Cadwell also presented posters to Commr. Pool and Commr. Hanson depicting the Citrus Tower and Donnelly Park in Mount Dora.

            CITIZEN QUESTION AND COMMENT PERIOD

            No one present wished to address the Board.

ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.

 

 

 

                                                                                    __________________________________

                                                                                    CATHERINE C. HANSON, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK