A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 16, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, January 16, 2007, 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: Welton G. Cadwell, Chairman; Debbie Stivender; Jennifer Hill; Elaine Renick; and Linda Stewart.  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that, with regard to Tab 16, under the County Manager’s Departmental Business, the amount of the transfer request should be changed from $175,000 to $150,000.

Mr. Sandy Minkoff, County Attorney, stated that the Value Adjustment Board would like to have the starting time changed for the Board of County Commissioner’s Meeting, scheduled for February 20, 2007, which he would address under his Reports.

MINUTE APPROVAL

            Regarding the Minutes of December 19, 2007, Commr. Renick requested the following changes:

            On Page 14, Line 21, change Commr. Stewart to Commr. Renick.

            On Page 15, Line 18, clarify whether or not the wording “it would impact” should be changed to “it would not impact”.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of December 19, 2007 (Regular Meeting), as corrected.

            CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 5-0 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 136.06 (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.

Notice Before Public Service Commission

            Request to acknowledge receipt of Notice Before the Public Service Commission – Order Correcting Territory Description – In re: Application for amendment of Certificate Nos. 496-W and 465-S, to extend water and wastewater service areas in Lake County by Lake Utility Services, Inc. – Docket No. 020907-WS; Order No. PSC-06-1065-FOF-WS; Issued:  December 26, 2006.

            Satisfaction and Release of Fine

            Request to acknowledge receipt of Satisfaction and Release of Fine for Ralph Talsky, whose address is 11331 Lakeview Drive, Leesburg, FL  34788.

            Satisfaction and Release of Fine

            Request to acknowledge receipt of Satisfaction and Release of Fine for Ralph Talsky, whose address is 11331 Lakeview Drive, Leesburg, FL  34788.

            Unclaimed Excess Proceeds for Tax Deeds

            Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $5,916.46 and transfer of funds from Clerk’s account to the Board of County Commissioners’ account.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Stewart asked that Tab 7, a request from Public Works for approval to accept the final plat for the Reserve at Lake Seneca and all areas dedicated to the public, be pulled for discussion.

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

Community Services

Request for approval of Agreement between Lake County and Leesburg Regional Medical Center, for hospital services for jail inmates; and authorization for Board Chairman to sign the Agreement and any subsequent documents relating to the Agreement.  Also, pursuant to the Agreement, authorize the Lake County Jail Administrator to name an administrator to serve as the hospital contact.

Employee Services

Request for approval of the revision of the Workers’ Compensation and Property and Liability Programs Policy – LCC-71.

Procurement

Request for approval for standardization of the County’s light and medium duty vehicle fleet on Ford products.

Public Works

Request for approval to authorize and execute Resolution No. 2007-3, accepting Wilma Avenue (County Road No. 8991C), Corrine Avenue (County Road No. 8991D), Nancy Avenue (County Road No. 8991E), and Cedar Street (County Road No. 8993C) into the County Road Maintenance System – Commission District 5.

            Request for approval to release a letter of credit for performance, for installation of a fire hydrant, in the total amount of $12,441.00, which was posted for Betty’s Place.  Betty’s Place consists of 3 lots and is located in Section 1, Township 23 South, Range 25 East – Commission District 2.

            Request for approval to release a letter of credit for maintenance, in the amount of $15,379.35, posted for Deer Park.  Deer Park consists of 14 lots and is located in Section 23, Township 18 South, Range 27 East – Commission District 5.

            Request for approval to release a letter of credit for maintenance, in the amount of $4,480.00, posted for Grass Roots Air Park.  Grass Roots Air Park consists of 18 lots and is located in Section 23, Township 21 South, Range 24 East – Commission District 2.

            Request for approval to release funds held in escrow for construction of improvements, in the total amount of $120,523.62, which was posted for Woodgate. Woodgate consists of 20 lots and is located in Section 16, Township 18 South, Range 24 East – Commission District 5.

            Request for approval to accept the final plat for Park Hill, Phase II, and all areas dedicated to the public, as shown on the Park Hill, Phase II, plat; accept a maintenance bond, in the amount of $179,513.50; execute a Developer’s Agreement for Maintenance of Improvements Between Lake County and Long Farms North, Inc.; and execute Resolution No. 2007-4, accepting the following roads into the County Road Maintenance System:  Greenpark Way (County Road No. 4424), Sloewood Drive (County Road No. 4424A), Greenwalk Way (County Road No. 4424B), Broadwater Avenue (County Road No. 4424C), and Parkdale Drive “Part” (County Road No. 4532B).  Park Hill, Phase II, consists of 108 lots and is located in Section 28, Township 19 South, Range 25 East – Commission District 1.

            Request for approval  and signature on Resolution No. 2007-5, to Advertise Public Hearing for Vacation Petition No. 1094, Shamrock Homes – Keith Shamrock, Rep. Charles C. Hiott, P.E. – Farner Barley requesting to vacate a portion of a drainage easement, in the Plat of Biscayne Bluff, located in Section 29, Township 18 South, Range 26 East, in the Grand Island area – Commission District 4.

            PUBLIC WORKS

            FINAL PLAT FOR RESERVE AT LAKE SENECA

            Commr. Stewart questioned whether there were any wetlands on the property in question and was informed by Mr. Jim Stivender, Jr., Public Works Director, that there were some in the Tract B area, but that they were being protected.

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to accept the final plat for Reserve at Lake Seneca and all areas dedicated to the public, as shown on the Reserve at Lake Seneca plat.  Reserve at Lake Seneca consists of 24 lots and is located in Section 2, Township 19 South, Range 27 East – Commission District 5.

            CLOSED SESSION

            Commr. Cadwell pointed out the fact that a Closed Session was scheduled for 10:00 a.m. this date, however, asked that it be postponed until later in the meeting, so that those individuals who were present in the audience would not have to wait until after the Closed Session for the remainder of the Agenda to be addressed.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            EMPLOYEE SERVICES

            DEPARTMENTAL DIVISION NAME CHANGES

            Ms. Susan Irby, Employee Services, explained this request, stating that it deals with changing some of the division names under a few of the County’s departments, being Environmental Services, Growth Management, and Community Services.  The purpose of the changes is to more closely align the division names with what they actually do.  There are no reorganizations or new positions associated with said changes.  The proposed Organizational Chart, with the new changes, was submitted with the Agenda item.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Employee Services for approval of departmental division name changes, pursuant to Lake County Code, Chapter 2, Administration.

            GROWTH MANAGEMENT

            RESOLUTION DECLARING SUPPORT TO CREATE AND FUND SUCCESSOR

            PROGRAM TO FLORIDA FOREVER

            Mr. David Hansen, Public Lands Manager, addressed the Board stating that the Resolution before the Board this date supports a successor program to Florida Forever, which is due to sunset in 2010.  Florida Forever is the largest source of funding, statewide, for land acquisition, which is currently about $300 million per year.  Lake County has had a direct benefit (four successful grant applications) from this program, through the Florida Communities Trust. There is a movement to increase said funding to $1 billion per year, but it is separate from the Resolution in question.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of Resolution No. 2007-6, declaring support to the State of Florida Legislature, to create and fund a successor program to Florida Forever.

            PROCUREMENT

            DEVELOPMENT OF TRAILS MASTER PLAN

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that the Procurement Department, as well as Mr. Bobbv Bonilla, Lake County Parks and Trails Director, has worked very hard on this project.  He stated that, when the County adopted the Parks Master Plan, the map at that time was very general, with no details, and few public hearings were held regarding it.  He stated that the County was able to obtain $35,000 from the State, to move forward with a grant to study trails in the County, which did not get the County very far, so staff went back to the State and another $65,000 was put in last year’s budget for same.  He stated that the proposed Trails Master Plan would consist of every trail project in every entity in the County, noting that they will all be put into one package within the confines of Lake County, showing how they connect to the Ocala National Forest, the Van Fleet Trail, the West Orange Trail, etc.  He stated that a matrix will then be developed, indicating which trails are the most used and which ones have the most participants, as far as funding. He stated that staff was requesting approval to move forward with the development of a Trails Master Plan for the County.

            Commr. Cadwell suggested that, during the process, the consultants delineate how much of the trails are being used for transportation purposes.

            A brief discussion occurred regarding whether or not the needed funds should come from the General Fund, or from another fund.

            Commr. Renick suggested that the request be postponed until a later date, to allow the Board additional time to look over the contract, due to the amount of money involved, at which time it was determined that the request from Procurement for approval to award the contract for a consultant to assist in development of a Trails Master Plan to Inwood Consulting Engineers, in the amount of $274,951.00; and approval to transfer $150,000 from General Fund Reserves, would be postponed until later in the meeting.

            PUBLIC WORKS

            AGREEMENT BETWEEN LAKE COUNTY AND CENTRAL FLORIDA COUNCIL, BOY SCOUTS OF AMERICA, INC., FOR

            DISASTER DEBRIS REDUCTION FACILITY

            Mr. Jim Stivender, Jr., Public Works Director, stated that this was a request for approval to use the Boy Scouts of America’s property, located in Paisley, as a staging area for a Disaster Debris Reduction Facility, should the County be hit with another hurricane or tornado and need it.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and signature of the Chairman on the Agreement between Lake County, Florida and the Central Florida Council, Boy Scouts of America, Inc., for a Disaster Debris Reduction Facility – Commission District 5.

            PUBLIC WORKS

            BARRICADE ON SECTION OF VISTA DEL LAGO BOULEVARD IN THE

            VISTAS SUBDIVISION

            Commr. Cadwell stated that, when this issue was last brought before the Board, there was a concern as to whether the School Board would like to have a barricade that is in place on a section of Vista Del Lago Boulevard, in The Vistas subdivision, removed and that he would hope the whole issue would not be relived, but that the comments would be kept to what the questions were at the last meeting.  He stated that the big question was what the School System thought about the road being barricaded.

            Mr. Jim Stivender, Jr., Public Works Director, stated that the School System has indicated that they do not have a preference one way or another about how they pick up the school children from The Vistas subdivision and do not have a concern one way or another about the barricade.

            A brief discussion occurred regarding the matter, at which time Commr. Renick stated that the traffic situation is horrible in south Lake County and she feels that, if Vista Del Lago is closed permanently, it is only going to exacerbate the problem.  She stated that she feels the South Lake Connector is going to help alleviate the traffic situation and has no problem with leaving the barricade in place, until the South Lake Connector is completed, to see if it will alleviate some of the problems.

            Commr. Stewart stated that she has heard both sides of the situation and both sides had very good points, but she, too, feels that the South Lake Connector could solve the problem with the traffic, because people will not be using Vista Del Lago as a cut-through road.  She suggested that the barricade remain in place, until the South Lake Connector is completed, to see if it will be a solution to the problem.  She stated that, if the South Lake Connector does not solve the traffic situation, she will support the citizens of The Vistas subdivision who want Vista Del Lago Boulevard closed permanently, because they are in the majority.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried, by a 4-1 vote, the Board approved to leave the temporary barricade for a section of Vista Del Lago Boulevard, in The Vista’s subdivision, in place, until the South Lake Connector is completed (scheduled for completion this summer), at which time this request will be reagendized and brought back before the Board for further discussion and action.

            Commr. Cadwell voted “No”.

            PUBLIC WORKS

            FERNDALE PRESERVE ON LAKE APOPKA

            Mr. Jim Stivender, Jr., Public Works Director, recognized various Park Rangers that were present in the audience.

            Commr. Cadwell stated that he has heard nothing but good things from people that have visited the parks in the County about the Park Rangers and the great job that they are doing.

            Mr. Stivender stated that his staff spent most of the summer going through the Ferndale Preserve, trying to figure out the most advantageous locations for trails for pedestrians and horses, trails with a certain type of environment, etc.  He displayed a copy of the Master Plan (contained in the Board’s backup material), which he reviewed with the Board, indicating where the various trails and facilities are located, at which time he answered questions from the Board regarding same.

            Commr. Renick informed the Board that she visited the Ferndale Preserve on Monday, January 15, 2007, and took some photographs (contained in a slide presentation), which she shared with the Board and those present in the audience.  She stated that there has been a little bit of confusion about the lookout at the Preserve, noting that some citizens groups were thinking about trying to obtain a grant, to build a high structure at the lookout.

            Mr. Stivender interjected that the lookout is a large enough area that a tent could be erected on it, for events.  He stated that it is a matter of funding and working through projects.

            Mr. Ed Mitchell, a resident of Ferndale, representing the Friends of Ferndale, Incorporated, addressed the Board and thanked them for their insight, in purchasing the Ferndale Preserve.  He stated that, when the Friends of Ferndale discovered that the property would consist of approximately 200 acres and would be a passive preserve, they were in complete support of the park and the purchase, in that it would fit in completely with the desire of the Ferndale community to remain rural.  He stated that, working with the Lake County Parks and Trails and the City of Minneola, with their future development, the County should end up with miles of equestrian trails in and around Ferndale.  He stated that a one mile link will be needed in the future, to connect a projected equestrian trail from the Hills of Minneola to the Ferndale Preserve and asked that the County keep this on its “To Do List” for future County needs.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the Ferndale Preserve on Lake Apopka conceptual Master Plan; and approval to secure the services of consultants, for the production of design development and construction documents, based on the approved Master Plan.

            TOURISM AND BUSINESS RELATIONS

            THREE YEAR AGREEMENT BETWEEN LAKE COUNTY AND THE DISTRICT

            BOARD OF TRUSTEES, LAKE-SUMTER COMMUNITY COLLEGE

            Mr. Greg Mihalic, Tourism and Business Relations Director, addressed the Board stating that they had before them a three year agreement between Lake County and the District Board of Trustees, Lake-Sumter Community College, in the amount of $265,000, for assistance with the Business Resources Center, noting that the County has been a major contributor, since its start-up.  The Agreement is for the period of January 15, 2007 to September 30, 2009, in the amount of $60,000 for this fiscal year; $100,000 for Fiscal Year 2007/08; and $105,000 for Fiscal Year 2008/2009, with the terms and conditions being much the same as they were in the past.  He stated that the Business Resources Center offers a valuable service to the small business entrepreneurial network that exists in Lake County.

            Commr. Cadwell stated that, no matter how the County grows during the next 20 years, the basis of its economy is going to be the small, independent businesses, and the Business Resources Center gives them resources to assist them.

            Commr. Hill stated that the seed money for the Business Resources Center was presented to the County from the Tax Collector, Mr. Bob McKee, who was very instrumental in the creation of it.  She stated that she feels it has been a very good program and one that the Board can support and questioned, since the County now has an Economic Growth and Redevelopment Department, headed by Ms. Dottie Keedy, whether staff could bring a more comprehensive plan back to the Board, to see how it could be tied into what Ms. Keedy presented to them at the Board Meeting of January 9, 2007.

            Mr. Mihalic stated that he felt it should be part of any strategic plan, as it moves forward, however, noted that he feels it will probably be a year to eighteen months before said plan is in place   He stated that this request is matched 40% by the State, so the County’s $60,000 portion would have a $24,000 match from the State.  He stated that the County could break up the request and approve an agreement for only this fiscal year, through September 30, 2007, and then put into the budget the $100,000 independently, for next fiscal year, until the strategic planning session gets done and see what ranking it has.

            Commr. Hill stated that she would prefer it be done that way, if the Board was agreeable to it.

            Commr. Cadwell stated that, as he stated earlier, the majority of the County’s businesses are small, independent businesses, and, for the Board to think that, in the future, enough money is going to be raised in the business community to fund this project they are kidding themselves.  He stated that the majority of the funding is going to come from the County, which is the way that it should be, because it is a service that the County provides to its businesses.  He stated that he did not think there would be enough support in the next 10 to 15 years to generate the money needed to operate a facility like the Business Resources Center with private dollars and that he felt the County needed to reach out to Sumter County, who has taken advantage of the Business Resources Center through Lake-Sumter Community College, and get them to participate in it.  He stated that he felt it should be a Board to Board issue, not particularly a college issue, and that, as Chairman of the Lake County Board of County Commissioners, he would like permission to contact the Sumter County Board of County Commissioners and ask them to participate at a higher level than what they are currently participating.

            Ms. Cindy Hall, County Manager, interjected that, if the Board was interested in sending a letter to the Sumter County Board of County Commissioners, requesting that they be a stronger participant in the program, staff would be glad to prepare the letter, and, as far as the budget was concerned, staff could come back to the Board with more detailed information about what it includes, which might alleviate some of the concerns about some of the line items.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Tourism and Business Relations for approval of a Three Year Agreement Between Lake County and The District Board of Trustees, Lake-Sumter Community College, in the total amount of $265,000.00, for the Business Resources Center, for the period January 15, 2007 to September 30, 2009, with the Chairman to get together with the Sumter County Board of County Commissioners and the County Manager, to see if Sumter County can add additional funding, or help with the program.

            Commr. Hill interjected that she wanted a level of accountability in the Agreement, where staff can come back to the Board and show them exactly what the revenues are.

            PUBLIC HEARING

            “OCCUPATIONAL LICENSE TAX” ORDINANCE

            Mr. Sandy Minkoff, 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 CHAPTER 13, ARTICLE IV, SECTIONS 13-71 THROUGH 13-129, ENTITLED OCCUPATIONAL LICENSE TAXES, TO CHANGE THE NAME OF THE TAX FROM OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX, AND TO CHANGE THE NAME OF THE DOCUMENT RECEIVED FROM A LICENSE TO A RECEIPT; AMENDING SECTIONS 13-77 AND 13-79 TO ELIMINATE THE PROOF OF ZONING CLASSIFICATION REQUIREMENT; AMENDING SECTION 13-147, LAKE COUNTY CODE, ENTITLED OCCUPATIONAL LICENSE, TO CHANGE THE NAME OCCUPATIONAL LICENSE TAX TO LOCAL BUSINESS TAX; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE

DATE.

The Chairman opened the public hearing.

No one present wished to address the Board.

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

Commr. Renick stated that this Ordinance updates the Lake County Code, to correspond with the changes in the Florida Statutes, and eliminates the requirement that applicants for a business tax receipt submit proof of proper zoning classifications and that she did not understand why the County would be eliminating that requirement.

Mr. Minkoff stated that, in the past, because it was called a license, people believed that, because they had received a license from the County, they were entitled to conduct that activity wherever the license address was, so staff placed in the Code a requirement that they get zoning approval first, which stopped the Tax Collector from selling the licenses at his branch offices and made people come to Tavares, in order to get them.  He stated that the thinking behind calling it a tax, rather than a license, was that it was felt the need for the prescreening was no longer necessary.  He stated that the Growth Management Department is working with the Tax Collector to obtain a list of anybody that gets and pays the tax, so that they can use it as a follow-up, to make sure that they are doing it in the current zoning area.  He stated that every county is having to change it, noting that the Legislature required the change during their last session.

On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-1, amending Chapter 13, Article IV, and Section 13-147, Lake County Code, to change the name “occupational license tax” to “local business tax” and the document received from a “license” to a “receipt”, as presented.

PUBLIC HEARING

ROAD FRONTAGE ORDINANCE

Mr. Sandy Minkoff, 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 3.10.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED ROAD FRONTAGE; AMENDING SECTION REFERENCES TO MINOR LOT SPLITS AND FAMILY DENSITY EXCEPTIONS WHICH ARE CURRENTLY INCORRECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND

PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

No one present wished to address the Board.

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

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-2, amending Table 3.10.00, Road Frontage, which will correct the scrivener’s error found in Lake County Code, Appendix E., Land Development Regulations, Section 3.10.00, Road Frontage, referencing Section 14.11.01, Minor Lot Splits, and Section 14.11.02, Family Density Exception, as presented.

PUBLIC HEARING

DENSITY IN URBAN COMPACT NODE LAND USE DESIGNATION ORDINANCE

Mr. Sandy Minkoff, 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 3.02.06, LAKE COUNTY CODE, APPENDIX E. LAND DEVELOPMENT REGULATIONS, ENTITLED DENSITY, IMPERVIOUS SURFACE, FLOOR AREA, AND HEIGHT REQUIREMENTS WHICH IS CURRENTLY INCORRECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE

DATE.

The Chairman opened the public hearing.

No one present wished to address the Board.

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

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-3, amending Table 3.02.06, which will correct the scrivener’s error found in Lake County Code, Appendix E., Land Development Regulations, Section 3.02.06, Density, Impervious Surface, Floor Area and Height Requirements, relative to density in the Urban Compact Node land use designation, as presented.  It also adds “NET” to Maximum Density for A-1-20 and A-1-40.

            REPORTS – COUNTY ATTORNEY

            ADVERTISING OF ORDINANCE EXPANDING COUNTRY GREENS

            COMMUNITY DEVELOPMENT DISTRICT

            Mr. Sandy Minkoff, County Attorney, informed the Board that this was a request for approval to advertise an Ordinance extending the boundary for the Country Greens Community Development District, located in the Mt. Plymouth/Sorrento area, noting that the County had received an application from them requesting same.

            It was noted that the property in question involved a zoning case that had been withdrawn in the middle of the hearing and that a case that is pending would be coming before the Board in the next couple of months, regarding the same piece of property; therefore, it would be premature of the Board to take any action regarding the request at this time.

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board postponed a request from the County Attorney for approval to advertise an Ordinance for the expansion of the Country Greens Community Development District, and consent to the District’s power to maintain additional facilities and systems, for security – Commission District 4, until a later date.

            REPORTS – COUNTY MANAGER

            POLICY REGARDING USE OF BOARD OF COUNTY COMMISSIONERS’

            FACILITIES

            Mr. Gregg Welstead, Deputy County Manager, informed the Board that this request was an outgrowth of the Interlocal Agreement between the County, the Lake County School Board, and the Municipalities, which was addressed a few months ago, noting that one of the requirements was that the County establish a procedure for utilization of county facilities by other entities and this request formalizes that process.  He noted that the County currently has a policy for use of the Board Chambers and the Training Room (Room 233), as well as a separate policy for use of the County’s libraries, which involve First Amendment issues.

            Commr. Stivender questioned whether staff was working on a policy for the use of facilities other than the County’s and was informed by Mr. Welstead that he hoped the School Board was working on the matter, but that he would check into it, to see if they were.  He stated that, once this request is approved, his intent is to forward it to the School Board and all the municipalities, stating that the County has completed this step in the process and for them to advise him when they have done the same.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager for approval of the Policy regarding Use of Board of County Commissioners’ Facilities by Municipal Governments, Lake County School District, and other Governmental Agencies, as presented.

            REPORTS – COUNTY ATTORNEY (CONT’D.)

            CHANGE IN STARTING TIME FOR FEBRUARY 20, 2007 BOARD OF

            COUNTY COMMISSIONERS’ MEETING

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda a request from the County Attorney that the Board of County Commissioners’ Meeting, scheduled for February 20, 2007, be started at 10:00 a.m., rather than the usual 9:00 a.m., due to a Value Adjustment Board Meeting being scheduled for 8:30 a.m. that date, which may run longer than usual.

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

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

            PROCUREMENT (CONT’D.)

            DEVELOPMENT OF TRAILS MASTER PLAN

            Ms. Cindy Hall, County Manager, informed the Board that staff would bring this item back before them at the Board Meeting scheduled for January 23, 2007, for further discussion and action.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            MONTHLY MEETING OF FERNDALE COMMUNITY

            Commr. Stivender informed the Board that she was asked to speak to the Ferndale community, as their district Commissioner, at their monthly meeting, to be held at the Ferndale Community Center, on Thursday, January 18, 2007, however, noted that, due to the fact that she has a conflict with that meeting, either Commr. Hill or Commr. Cadwell will be asked to speak, on her behalf.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            WEKIVA BASIN TASK FORCE MEETING

            Commr. Stewart stated that she attended her first meeting of the Wekiva Basin Task Force and that it was very gratifying to see that the County has such a qualified group of people working to preserve the quality of the Basin, because it is such a special area and one that deserves to be protected, not only for its beauty and wildlife, but because of its importance to our water supply.

            PARADE HONORING DR. MARTIN LUTHER KING

            Commr. Stewart stated that she participated in the City of Leesburg’s Parade honoring Dr. Martin Luther King on Saturday, January 13, 2007, and that it was an honor to be in a parade honoring him - someone that had so much wisdom to offer the world.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. and Mrs. James Hanger, residents of Howey in the Hills, addressed the Board stating that an 8,000 square foot commercial building has been constructed on 11 acres, in Howey in the Hills, under the Agricultural Exemption Ordinance, which stipulates that an agricultural building can be constructed to support existing agriculture, however, noted that the building was constructed, with no agriculture being on the property.  They are concerned about it, because they are abutting property owners, and, according to their builder, the construction of that building has been detrimental to their property value.  They questioned how this could have happened and what recourse they had regarding it.

            Mr. Sandy Minkoff, County Attorney, stated that a complaint has been made to the Code Enforcement Department regarding the matter, however, noted that the Florida Statutes prohibits the County from requiring anybody constructing an agricultural building to obtain permits.  He stated that the Code Enforcement Office is watching the site and, if, in fact, the property owner does not establish an agricultural operation on the property, they will be cited.

            Commr. Cadwell stated that staff can look at what the State allows the County to do with its Land Development Regulations (LDRs), to see if they can be better defined, to prevent something like this from happening again.

            The Hangers informed the Board that they were representing 15 different families in the area that are against the building being located on the site.

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            Ms. Cindy Barrow, Lake County School Board, District 3, addressed the Board stating that the issue of school concurrency and joint use of facilities was going to be discussed later this evening in the City of Minneola and that she was asking those Commissioners that would like to see school concurrency passed to place a phone call or two to the Minneola City Commissioners, to let them know that they have signed the joint use document and to encourage them to adopt school concurrency.  She stated that the City of Minneola is the last city to sign on and asked the Board to let them know that this was not a document that was solely devised by the Lake County School Board – that the Board of County Commissioners had input into the matter, as well.

            It was noted that staff would be attending said meeting, to answer any questions there might be regarding the matter.

            RECESS AND REASSEMBLY

            At 10:15 a.m., the Chairman announced that the Board would recess until 10:30 a.m.

            CLOSED SESSION

            Mr. Sandy Minkoff, County Attorney, stated that Florida Statutes 286.011 authorizes the Board to meet with the County Manager and its attorneys, when the County has ongoing litigation.  He stated that the requirements are that the entity’s attorneys shall advise that they desire to have a meeting, which they have done.  He stated that the subject matter shall be confined to settlement negotiations or strategy sessions.  The entire session is recorded by a Court Reporter who is present, who will report when the Closed Session begins and when it ends and whoever speaks.  No portion of the session can be off the record and the Court Reporter’s notes will be transcribed and filed with the Clerk after the meeting.  The County is required to give reasonable public notice of the date and time of the Closed Session, which the County has done.  He stated that it was published in the newspaper and that the people that would be in attendance at the Closed Session, in addition to the Commissioners and himself, would be Ms. Melanie Marsh, Deputy County Attorney, and Ms. Susan Spurgeon and Mr. Craig Busack, from the County’s outside counsel firm.

            At this time, the Chairman announced that the Board would recess for the Closed Session.

            RECESS AND REASSEMBLY

            At 11:40 a.m., the Chairman reconvened the Board Meeting.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:41 a.m.

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

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JAMES C. WATKINS, CLERK