A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

DECEMBER 16, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, December 16, 2008, 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; Jennifer Hill, Vice Chairman; Jimmy Conner; and Linda Stewart.  Commissioner Elaine Renick was not present.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; Neil Kelly, Clerk of Court; and Susan Boyajan, Deputy Clerk.

INVOCATION

Pastor Michael Sweeney from the New Life Church of God gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, stated that she wanted to correct the wording on Tab 17 to read District 4 rather than District 5, and she had some adjustments to make to the recommendation made in Tab 29 when they get to that item.

Mr. Sandy Minkoff, County Attorney, related that he wanted to pull Tab 42 relating to the Water Alliance that appeared under his business, since it was actually Commr. Renick’s agenda item, so that she could be present for that.  He also noted that they would have a staff recommendation for continuance of Tab 34, which was a public hearing on the adoption of the ordinance amending the Comp Plan for the Wekiva when that item came up, because they have received a request from the Department of Community Affairs to delay that.

MINUTE APPROVAL

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a 4-0 vote, the Board approved the Minutes of November 18, 2008 (Regular Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, 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.

Carver Heights/Montclair Area Community Redevelopment Agency Revenue Bonds

Request to acknowledge receipt of Notice of Proposed Redevelopment Revenue Bonds or Bond Anticipation Notes of the Community Redevelopment Agency for the Carver Heights/Montclair Area (Leesburg, Florida) and for the US Highway 441 and 27 Area (Leesburg, Florida), in accordance with the provisions of Section 163.346, Florida Statutes, as mentioned.

            Division of Forestry’s Fiscal Year 2007-08 Annual Report

Request to acknowledge receipt of Fiscal Year 2007-08 Annual Report for the Division of Forestry’s Cooperative Forestry Assistance Program and Fire Protection in the Lake Forest Area, Lake County, which identifies major forestry activities throughout Lake County from July 1, 2007 through June 30, 2008.

Annexation Ordinance from the City of Tavares

Request to acknowledge receipt of Annexation Ordinance 2008-33 from the City of Tavares annexing approximately .15 acres of land generally located on the north side of U.S. 441, West of Tavares Recreational Park (Buzzard Beach), and east of Three Lakes Mobile Home Park.

Before the Florida Public Service Commission

Request to acknowledge receipt of Before the Florida Public Service Commission:

Docket No. 080186-EI

Order No. PSC-08-0786-TRF-EI

Issued: December 2, 2008

In re:  Petition for approval of revised underground residential distribution tariffs, by Progress Energy, Florida, Inc.

Order Approving Revised Underground Distribution Tariffs

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 17, as follows:

Budget

Request to approve the following Budget Change Requests:

            1.  Budget transfer – Solid Waste Closures and Long Term Care Fund, Department of Environmental Utilities, Solid Waste Operations Division.  Transfer $175,000 from Machinery and Equipment to Landfill Post Closure.  A gas recovery system is part of the long-term care of the Lady Lake Landfill.  This system is necessary to capture landfill gases which can be converted and used as an energy source.  The system is Machinery and Equipment; however, there is some design, permitting and limited construction-phase engineering involved, which will make it a permanent fixture.  Funds available in Machinery and Equipment.

            2.  Budget transfer - Library Impact Fee Trust Fund, Department of Community Services, Library Services Division.  Transfer $502,582 from Special Reserve to Aids to Governmental Agencies.  Funds were budgeted in the Special Reserve account pending approval of the Library Impact Fee awards which were approved at the July 15, 2008 Board of County Commissioners meeting.  Funds were awarded for the Umatilla, Minneola, Lady Lake, and Mount Dora library projects, and to the Lake-Sumter Community College Foundation for the Joint Use library project.  The Interlocal Agreements were not completed in time for the awards to be encumbered and carried forward to the current fiscal year.  Funds budgeted in Reserves for Fiscal Year 2008-09 awards will be used to fund Fiscal Year 2007-08 commitments, pending a mid-year adjustment to fund balance for Fiscal Year 2008-09.

Community Services

            Request for approval to pay by Direct Pay Harvest Construction Co. for house rehabilitation cost incurred during 2007/08 from the Hurricane Housing Fund and the SHIP Home Repair Program Funds.

            Request for approval and authorization for the Chairman to sign the FY 2008-09 CDBG Partnership Agreement between the Yalaha Community Club, Inc. and the County in an amount not to exceed $170,000 from the FY 2008-09 CDBG allocation and bringing forward $166,940 from the funds remaining in the 2005-06 and 2007-08 CDBG allocations. The funds are allocated to construct a new community center. The Board further directs the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services.  Commission District 3.

            Growth Management

            Request for approval of the Interlocal Agreement between Lake County and the City of Clermont. This is the same agreement currently in place between the City of Groveland and the Town of Howey in the Hills.

            Procurement

            Request for approval to (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.

            Request to approve and execute the Second Amendment to the contract 07-0044 to Moore Stephens Lovelace, P.A. to provide auditing of the public transportation program.

            Request for authorization to award Countywide Temporary Employment Services to Able Body Labor, Spherion of Lake & Marion Counties and On Target Staffing, LLC.

            Request to award RFP #08-0252 Archaeological Survey for Ferndale Preserve and P.E.A.R. Park to S&ME Inc. in the amount of $57,530.00.

            Public Safety

            Request for approval to execute the Florida Department of Health Emergency Medical Services Grant and Resolution No. 2008-204.

            Request for approval and execution of the FY 2008-2009 State Homeland Security Grant (SHSG) Issue 20 Agreement between Lake County and the State of Florida, Division of Emergency Management, by the Lake County Board of County Commissioners; and approval of Resolution No. 2008-205.

            Request from Communications Technologies Division for retroactive approval and execution of the Grant and acceptance of the Grant funds into the Countywide 800MHz Radio Project to offset the County funds allocated and approve the attached fund Resolution No. 2008-206.

            Public Works

            Request for approval of a Proportionate Fair Share Agreement with Clermont Motor Sales, LLC also known as Toyota of Clermont.  Commission District 2.

            Request for approval of Resolution No. 2008-207 designating Citrus Highlands Subdivision as a Golf Cart Community.  Commission District 2.

            Request for approval of Resolution No. 2008-208 establishing certain roads in the Astor Forest Campsites for golf cart usage.

            Request for authorization to release a maintenance bond in the amount of $55,050.00 posted for Meadow Ridge Phase 1. Meadow Ridge Phase 1 consists of 57 lots and is located in Section 1, Township 19 South, Range 25 East.  Commission District 4.

            COUNTY ATTORNEY’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously, by a 4-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 18 through 21, as follows:

            Request for approval of Settlement Agreement with Mr. Cornelius Finley regarding a code enforcement case.  Commission District 4.

            Request for approval of extension of the Parking Agreement with the First Baptist Church of Tavares for Employee Parking.  Commission District 3.

            Request for approval of interlocal agreement with Umatilla related to potable water for North Lake Community Park.  Commission District 5.

            Request for approval of Lease Agreement between Lake County and Farner Barley Partnership for Lease Space Located at 323 N. Sinclair Avenue, Tavares.  Commission District 3.

            PRESENTATIONS

            CERTIFICATES OF APPRECIATION FOR PURCHASE OF PET OXYGEN MASKS

            Mr. Jack Fillman, Assistant Fire Chief, Lake County Fire Rescue, related that in July the Lady Lake Kennel Club donated some pet oxygen masks to the Villages and the Lady Lake Police Department.  He stated that as a result of that, there was an article in the paper which was read by a young lady named Sarah Hicks, who was concerned that Lake County only had three stations with pet oxygen masks in their department.  They received an e-mail from her relating that she and her sisters collected enough money to purchase two sets, which was matched by her father, who was a veterinarian. He commented that Sarah, Julie, and Allison, ages 10, 7, and 5, saved all of their allowance and money from doing extra chores, and used all of that money for the purchase of these pet oxygen masks, which they were donating today to Lake County Fire Rescue.

            Commr. Cadwell presented plaques of certificates of appreciation to the three girls.

            Commr. Stewart added that their Animal Control Center was being overwhelmed with pets that were being abandoned because of the hard economic times.  She stated that she was going to buy hay and feed for the horses out there, and she encouraged anyone else in the community who wanted to assist the animals to also donate something.

            UPDATE ON THE ROBOTICS PROGRAM

            Ms. Dottie Keedy, Director of Economic Growth and Redevelopment, recapped that the Board had requested some additional information on the high school robotics teams and that there were two teams, one from the Mount Dora area and one from South Lake.   These teams were able to raise the money for the registration fee for the regional competition which would be held at UCF in Orlando.  She reported that they were now in the process of raising additional funds to help them build the robot for their marketing materials, tools, and other supplies.  She reported that there was some funding available in the IT Department that was offered in the amount of $2,000 if the Board gave approval to award that to them.

            Commr. Stewart thanked the IT Department for offering those funds to the robotics program and commented that it was an invaluable program for education and economic development.

            Commr. Conner inquired whether they could request that the School Board match that, and he believed that the School Board would be very receptive to that idea.  He commented that this was a very noble cause and that he believed Commr. Stewart deserved accolades and positive recognition for her involvement in the robotics program.

            On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 4-0 the Board approved a motion to allocate $1,000 of the funds supplied by the IT Department to each of the Lake County robotics program teams, and to request a match of that amount from the School Board.

            COMMUTER RAIL PRESENTATION

            Ms. Shelly Lauten, Project Director, myregion.org related that she was going to discuss the name and brand image of commuter rail and explained that the Florida Department of Transportation has asked myregion to solicit community input for the name of commuter rail.  She specified that people believed that the region was on the wrong track, that transportation would get increasingly worse over the next couple of decades, and that they would have to have alternatives to roads in order to relieve congestion.  She noted that there was an overwhelming belief that the solution lies outside of the automobile, but there were still problems to be tackled such as funding and the potential unwillingness of individuals to give up their own vehicles.  She also mentioned that most people were not yet aware of the specifics of commuter rail, so they would be doing a lot of education in the next few months regarding what commuter rail was, how it would affect everyone, and the benefits that they would see.  As far as the name and brand, there was a desire for the look to be very modern and the image to represent the Central Florida environment.  She stated that they tested some design concepts with focus groups in seven counties, and she presented some of the names and logo images that they tested.  She pointed out that the consensus was to name it something representative of what it was rather than something cute, with Sun Rail being the predominate name, and she showed what the two design concepts and names were that they had narrowed it down to.  She reported that the designer was refining some of the last renderings and would make some final recommendations to the Central Florida Commuter Rail Commission.

            Mr. T. J. Fish, Executive Director of the Lake-Sumter MPO, talked about the rail systems that were currently available and being used in the area, and he commented that there was a lot of opportunity potentially in their future for commuter rail if the legislature approved it.  He explained that the MPO approved the proposed resolution on December 3, and he believed that the legislature needed to hear it.  He reported that the delegation heard from the MPO on this issue, which was a top priority, and they also would be making visits to talk to the transportation committees on the House and the Senate side.  He pointed out that they added a caveat at the end stating that they also expect that when the legislature funds this, the feasibility study would be initiated to study this corridor into Lake County and whether it should be part of this regional system.

            On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2008-209 supporting the Central Florida commuter rail project, requesting of the Florida Legislature certain insurance provisions, supporting study of the “northwest corridor” from downtown Orlando into Lake County for commuter rail feasibility, and authorizing the Chairman to join other communities in support of commuter rail.

            TRANSPORTATION ALTERNATIVE FUNDING TASK FORCE FINAL REPORT

            Mr. Bennett Walling, Chairman of the Transportation Alternative Funding Task Force, commented that they felt that transportation needs were very important to the health, safety, and welfare of Lake County, and the County had become over-reliant on impact fees as the only source of funding for new roads.  They also determined that at the present time there was no one single source that they could use for funding transportation.  He noted that before impact fees were ever put into place, about eight percent of the County’s budget was dedicated to public works.  They were proposing that the County put some of the ad valorem property tax back into public works over a period of years.  They looked at the importance of the municipalities participating in that and some additional taxing that they might be able to get back from the cities, including the portion of the penny sales tax and the participation in the fuel tax.  Additionally, they looked at as a last source some additional taxation that could be proposed, such as county-wide MSTU’s (Municipal Service Taxing Units), and potentially using additional revenues coming in for the first five years from new commercial development to go directly toward road capacity and improvements.  He noted that impact fees could be one source of funding, but noted that the impact fee revenue was way down from previous years and even from what was estimated in January and could no longer be relied on as a single source for new capacity funding.  He mentioned that they needed to renew the sales tax when it came up for renewal.  He concluded that the task force did not particularly support tax increases, but they recommended that a number of funding sources be put together to help fund transportation.

            Commr. Hill commented that she attended some of their meetings and thought that they did a very comprehensive look at this issue.  She opined that the MPO would be the next place to introduce these findings.

            Commr. Cadwell assured Mr. Bennett and the task force that the Board would take their findings seriously.  He stated that his plan was for the Board to have a workshop to discuss each recommendation after staff had analyzed them.

            Mr. Fish commented that the real solution would be coordination with the municipalities.

            Ms. Cindy Hall, County Manager, reported that they were finalizing the report with the actual signatures of the remaining members of the task force who were not able to be present at the last meeting.  She explained that once they had those, they would have the formal report bound and ready to go out.  She noted that they have included it as a discussion item on their workshop on January 13 to get some initial direction from the Board as to how to proceed.

            PUBLIC HEARINGS

            FY 2007-08 CONSOLIDATED ANNUAL PERFORMANCE REPORT ON CDBG

            Mr. Bill Gearing, Community Enhancement Coordinator, stated that this was a required public hearing for the Consolidated Annual Performance and Evaluation Report (CAPER), which was the outline of how they spent their Community Development Block Grant (CDBG) funds for last year.  He presented a table of the activities that were funded from last year’s CDBG fund.  He noted that the Altoona Charter School was still underway, and they did finish the Ponceannah Cemetery improvements under budget.  They were still working on the Yalaha Community Center; and Astatula, Montverde, and Tavares were still working on their park projects.  He reported that they did four mobile home housing rehabilitations this last year and were working on two more with the funding from last year’s funds.  He went through the actual activities that were done this last year, including completion of the last phase of paving roads in the Lake Kathryn area and completion of the ADA-compliant restrooms at the Ferndale Fire Station and Community Center.  He stated that they slowly keep moving along on the Yalaha Community Center, after demolition of the old one, and they had a master site plan and a conceptual building design that they were going to be moving along on this year.  They partnered with the Lake County Health Department to help provide prescription medicine to 279 low income individuals.  He commented that their Community Health Care Worker program really was a very successful program this year, which reached over 16,000 people to inform them about the various health care issues and programs that were available in Lake County and obtained over $140,000 in additional grant funding to run the programs.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved the FY 2007-08 Consolidated Annual Performance Report regarding the Community Development Block Grant.

            ORDINANCE ADOPTING PUBLIC SCHOOL FACILTIES AMENDMENT

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY COMPREHENSIVE PLAN BY PROVIDING TEXT AMENDMENTS RELATED TO PUBLIC SCHOOL FACILITIES; AMENDING FUTURE LAND USE POLICY 1-7.2 TO CHANGE DATE; CREATING NEW PUBLIC SCHOOL FACILITIES SUB-ELEMENT VI-F WITHIN CHAPTER VI, PUBLIC FACILITIES ELEMENT WITH NEW GOALS, OBJECTIVES, AND POLICIES TO ADDRESS THE REQUIREMENTS OF SUBSECTION 163.3177(12), TO FLORIDA STATUTES AND RULE 9J-5.025, FLORIDA ADMINISTRATIVE CODE; AMENDING INTERGOVERNMENTAL COORDINATION ELEMENT OBJECTIVE 9-2 AND ASSOCIATED POLICIES TO ADDRESS COORDINATION OF COMPREHENSIVE PLANNING ACTIVITIES WITH THE PLANS OF THE LAKE COUNTY SCHOOL BOARD; ADDING INTERGOVERNMENTAL COORDINATION ELEMENT GOAL 9A AND OBJECTIVES 9A1 AND 9A2 AND ASSOCIATED POLICIES WHICH ADDRESS COORDINATED PLANNING FOR EDUCATION FACILITIES; AMENDING CAPITAL IMPROVEMENTS ELEMENT POLICY 10-1.2 TO REFERENCE SCHOOLS AND POLICY 10A1.7 TO REFERENCE THE LAKE COUNTY EDUCATIONAL CONCURRENCY REVIEW COMMITTEE; AMENDING CAPITAL IMPROVEMENTS ELEMENT POLICY 10-7-3 TO ADD LEVEL OF SERVICE STANDARDS FOR SCHOOL FACILITIES; CREATING NEW CAPITAL IMPROVEMENTS ELEMENT GOAL 10C WITH OBJECTIVE 10C-1 AND SUPPORTING POLICIES PROVIDING FOR A FINANCIALLY FEASIBLE SCHOOL FACILITIES PLAN; AMENDING CHAPTER XB CONCURRENCY MANAGEMENT SYSTEM, BY REVISING DEFINITIONS FOR CONCURRENCY CATEGORIES; AMENDING CONCURRENCY MANAGEMENT POLICY 10B-1.2 TO INCLUDE CONCURRENCY STANDARDS FOR SCHOOLS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

            Mr. Ian McDonald, Chief Planner, recapped that they entered into an interlocal agreement, and they had previously brought before the Board the transmittal package for the public facilities element.  He noted that DCA had a couple of minor objectives, but assured the Board that they had addressed all the concerns of the State.  He reported that this would be the final action of this particular element before they transmit this package to DCA.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Hill, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board approved Ordinance No. 2008-80 Adopting a Public School Facilities Sub-Element Amendment to the Lake County Comprehensive Plan.

            WEKIVA ORDINANCE

            Mr. Minkoff related that the Department of Community Affairs has requested that the Board postpone the second reading of this proposed Wekiva Ordinance to allow additional discussions to occur with them.

            The Chairman opened the public hearing regarding the request from DCA to postpone the public hearing on this ordinance and whether anyone was in opposition to the postponement.

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

            Commr. Hill inquired whether the trail was addressed in this document.

            Mr. Brian Sheahan, Director of Planning and Community Design, responded that it was not specifically addressed by these particular amendments, but they had several policies in the plan that covered that.  He further added that they believed that the ordinance addresses all the requirements of the Wekiva Parkway and Protection Act, but they would look into that.

            On a motion by Commr. Hill, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board moved to postpone Tab 34, the request for approval and adoption of the proposed Wekiva Ordinance adopting amendments required to meet the Wekiva Parkway and Protection Act.

RESOLUTION REGARDING NON-AD VALOREM ASSESSMENTS FOR DIANE DRIVE AND LISA DRIVE

            Mr. Minkoff stated that this was a resolution expressing the Board’s intent to use the uniform method of collection of assessments, and this was in connection with the Lisa Drive and Diane Drive project that they currently had under construction and was almost completed.  He explained that this would authorize them to put those assessments on the tax bills beginning next year.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Conner, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved Tab 35, Resolution No. 2008-211 expressing the intent of Lake County to use the uniform method for the levy, collection, and enforcement of non-ad valorem assessments, approval of the Uniform Collection Agreement between Lake County and the Lake County Tax Collector, and approval of the Agreement between Lake County and the Lake County Property Appraiser for reimbursement of costs all associated with the Diane Drive and Lisa Drive Special Assessment Project No. 101.  Commission District 3.

            VACATION PETITION 1135 – TONY LAMBERT – LAKE KING GARDENS

            Mr. Jim Stivender, Public Works Director, recapped that Petition 1135 was one that they have heard last week, and there was a discussion about ingress and egress to the lake, which was a private property issue.  He related that the issue has been resolved.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved Tab 36, Vacation Petition No. 1135, Tony Lambert/Rep. Leslie Campione, to vacate rights of way in the Plat of Lake King Gardens in the Altoona area, and approval and execution of Resolution No. 2008-212.  Commission District 5.

            VACATION PETITION 1137 – LAKE COUNTY PUBLIC WORKS – HARTLE ROAD

            Mr. Stivender explained that this was a petition to vacate rights of way associated with a development at Hartle Road in south Lake County and pointed out the location on an overhead map.  He specified that it was a signalized intersection, but was a T-intersection before.  He reported that Lake County shared in the costs when the developer constructed this site, and the agreement was that the County would vacate the old rights of way of Hartle Road.  He also pointed out that it did not even line up properly with Highway 50 anymore, so they recommended approval to vacate all the old rights of way that no longer served any public purpose.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved Tab 37, Vacation Petition 1137, Lake County Department of Public Works, to cease maintenance and vacate right of way on a portion of Hartle Road, in the Clermont area, and approval and execution of Resolution No. 2008-213.  Commission District 2.

            VACATION PETITION 1143 – CLERMONT MOTOR SALES – LAKE HIGHLANDS

            Mr. Stivender explained that this was referred to as the Toyota Dealership and that there had been a previous agreement approved by the Board about a connection between the Plaza Collina property and Auto Plex Lane, so there would be cross access easement on this site.  He also showed a portion that contained right of way that was donated as part of their trail program that was already in place.  He stated that they recommended approval to vacate to clear title and that it served no public purpose at this time.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved Tab 38, Vacation Petition No. 1143, Clermont Motor Sales, to vacate rights of way in the Plat of Lake Highlands, in the Clermont area, and approval and execution of Resolution No. 2008-214.  Commission District 2.

            PUBLIC HEARINGS:  REZONINGS

            REZONING CONSENT AGENDA

            Mr. Brian Sheahan, Director of Planning and Community Design, stated that the hearings were properly noticed, and reported that the Applicant for Agenda Item CUP#08/11/2-2, Tab 11 from Patrick and Barbara Henes/Janet Christoff has decided to withdraw that application as of December 15, 2008.  He also stated that staff would like to request one change to PH#68-08-5, Lake County Board of County Commissioners/Gary Kaiser, Agenda Item No. 10, which was to add on Line 6 on Page 3 of 6 the following sentence:  “Landscaping on the remaining areas of the site shall be consistent with the approved management plan for the site” to allow proper management of the natural areas of this park.  He related that all other items remain as shown on the agenda.

            The Chairman opened the public hearing on the remaining cases on the consent agenda, which were Tabs 6, 9, and 10.

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

            On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved the Zoning Consent Agenda, as follows:

            Tab 6 – Ordinance No. 2008-81

            United Southern Bank/Leslie Campione, P.A.

United Southern Bank – Astor/Leslie Campione, P.A.

Rezoning Case No. PH#52-08-5

Request approval to rezone approximately 1.56 acres from Light Industrial (LM) Zoning and Community Commercial (C-2) Zoning to Planned Commercial (CP) Zoning with Neighborhood Commercial (C-1) uses to include Self-Service Storage to correct the split zoning and allow the continuation of commercial uses for the property.

Tab 9 – Ordinance No. 2008-82

Staff Initiated Revocation

Vantaggio Investment Group/Amy Imilsis Velazquez

Rezoning Case No. CUP#06/8/2-5

The CUP was approved by Ordinance No. 2006-40 for the placement of a 225 ft. monopole tower in the Agriculture zoning district.  Due to the applicant’s failure to comply with the requirement outlined in the ordinance stating that construction and/or operation shall begin within six months.

Tab 10 – Ordinance No. 2008-83

Lake County Board. of County Commissioners/Gary Kaiser, Public Safety Director

Rezoning Case No. PH#68-08-5

To establish new landscape buffer conditions for the existing Community Facility District (CFD) by replacing Ordinance No. 2007-33 with the new landscape buffer provisions, with the addition to Line 6, Page 3 of 6, the following sentence, “Landscaping on the remaining areas of the site shall be consistent with the approved management plan for the site.”

REZONING REGULAR AGENDA

WRYP/MR. RICHARD BUSCHE – REZONING CASE PH#54-08-5

Ms. Stacy Allen, Senior Planner, presented Rezoning Case No. PH54-08-5, WRYP, LLC/Richard Busche, Item 1, and explained that the applicant was requesting to rezone 9.72 acres from the Agriculture Zoning District to the Community Facility District (CFD) to allow an assisted and independent living facility (ALF/ILF).  She specified that the ALF, or nursing home, would consist of a one-story building containing 145 beds, and the ILF (independent living facility) would consist of a five-story structure containing a maximum of 160 beds.  She added that the ALF portion would provide full-time health care and medical attention for residents who were unable to care for themselves, and the ILF would provide all necessary features for an independent lifestyle; contain one and two bedroom units with kitchens, bathrooms, and a potential parking space; and provide common areas with amenities such as laundry facilities, library, and health and wellness center.  She noted that the proposed development was compatible with existing development in the immediate and surrounding area.  She related that staff recommended approval with conditions of the request to rezone the property from Agriculture to CFD to allow the assisted and independent living facility, and the Zoning Board recommended approval with an increase in the number of beds for the ILF from 132 to 160.

The Chairman opened the public hearing.

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

Commr. Stewart stated that even though she agreed with the reason for the opposing vote of the Zoning Board in this case, which was to not plan a town from the outside in, she still was going to vote in favor of this rezoning because of the location of this on CR 466, close to Lady Lake, which would be able to provide water and sewer, as well as the fact that the owners would be preserving as many of the trees and vegetation as possible and protecting the tortoises.

Commr. Conner commented that he thought this would be good for economic development and would provide short and long term jobs to the area.  He also thought that health care was a natural niche for the county and that there was a large need for senior care.

On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved Rezoning Case No. PH#54-08-5 by WRYP, LLC/Richard Busche, Assisted Living Facility at Lexington Park, request to rezone property from the Agriculture Zoning District to the Community Facility District (CFD) to allow an assisted and independent living facility (ALF/ILF), and approval of Ordinance No. 2008-84.

THOMAS WENSKI, BISHOP OF THE DIOCESE OF ORLANDO – REZONING CASE NO. PH61-08-2

Ms. Allen presented Rezoning Case No. PH61-08-2 and specified that the owner was Thomas G. Wenski, the Bishop of the Diocese of Orlando and that the applicant was Michael Cocco.  She stated that they were requesting to amend Ordinance No. 2007-35 to allow development in the Rural Conservation Future Land Use Category that was in the Green Swamp.  The site consists of approximately 50 acres and is currently approved for a church complex and associated uses, and the property is located in south Lake County at the intersection of US Hwy 27 and North Boggy Marsh Road.  She related that the development would be in accordance with the submitted concept plan and the requirements of the Comp Plan and Land Development Regulations (LDR), and further restrictions have been placed in the ordinance to address the required open space, sound, lighting, and access.  She stated that staff recommended approval of the request to amend the CFD Ordinance, subject to the conditions outlined in the ordinance, with a change on Page 2 of 8, Section 1D, Line 36, adding “dedicated to Lake County or other agency approved by the County.”

The Chairman opened the public hearing.

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

On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board approved Rezoning Case No. PH61-08-2, Thomas G. Wenski, Bishop of the Diocese of Orlando, Michael Cocco, Finance Chairman/St. Faustina Parish, to amend Ordinance No. 2007-35 to allow development in the Rural Conservation FLUC, with a change to the proposed ordinance on Page 2 of 8, Section 1D, Line 36, adding “dedicated to Lake County or other agency approved by the County,” and approval of Ordinance No. 2008-85.

GLEN AND SHARON TREADWELL - REZONING CASE CUP#08/11/1-4

            Ms. Julianne Thomas, Senior Planner, presented Rezoning Case No CUP08/11/1-4, and explained that the owner was Glen and Sharon Treadwell, and the applicant was G. C. Bogardus.  She related that the applicant was requesting to amend their existing Conditional Use Permit CUP#2003-73 which currently allows the applicant to park four tractor trailer units on the property to allow him to park up to ten tractor trailer units.  She specified that the property was slightly larger than five acres and was bordered by SR 44 to the north, Donna Vista Place to the west, and Grand Chamberlain Lane to the east, with access to the property on SR 44.  She reported that staff has determined that the activities described in the application support and/or are part of the citrus and produce industry and as such are allowable with the conditional use permit on the subject property.  She added that maintenance of the tractor trailer units was not requested nor would such activity be approved or permitted.  She related that because there have been numerous complaints and the absence of a landscape buffer, staff was concerned that there could be some negative effects on the community, although there was no problem with the code in approving the increase in the number of tractor trailers.  She explained that since the November Board Meeting, the owner has been working to bring the site into compliance with the existing CUP.  In addition, they have provided 30 letters of support from the neighbors in the surrounding area, but there have also been five letters of opposition for this project.  The Zoning Board voted 7-0 to deny the request and additionally requested that staff initiate a revocation process for the existing CUP.  She also noted that staff made a recommendation of denial based on concerns.

            Commr. Cadwell commented that he was surprised that the Zoning Board asked for revocation of the existing uses.  He related that he was there when it was originally approved, and he was a little hesitant to approve it at that time.  However, since then he has noticed that the property never looks bad and that they always have done what they said they would do.

            The Chairman opened the public hearing.

            Mr. Sheahan wanted to put on record that the applicant has come in and drafted a code-compliant landscape plan.  He mentioned that the applicants have brought in the letters of support, particularly from the adjacent neighbor, and that they have been working in good faith to address the concerns that were aired.

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

            Commr. Stewart commented that the Treadwells have been trying to be the best neighbors they could be.  She added that when they bought the property they were not aware there was a landscape buffer issue, but they were working hard on fixing that problem.

            On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board approved Item 12, Rezoning Case No. CUP08/11/1-4, Glen and Sharon Treadwell/G. C. Bogardus, Dixie Tank Lines, the request to amend CUP #2003-73 in order to increase the number of permitted tractor trailer parking from four units to ten units.

RECESS AND REASSEMBLY

            The Chairman announced at 10:25 a.m. that there would be a ten-minute recess.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            COMMUNITY SERVICES

            CTD/ACHA MEDICAID TRANSPORTATION AGREEMENT AMENDMENT

Mr. David Hope, Fixed Route Coordinator, stated that Tab 26 extended the agreement by one month to allow Medicaid to pay them for the month of December, and he asked for approval of that item.

On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved Tab 26, the CTD/ACHA Medicaid Non-Emergency Transportation Agreement Amendment No. 9 from July 1, 2008 through December 31, 2008.

INFORMATION TECHNOLOGY

MICROSOFT ENTERPRISE ENROLLMENT AND AMENDMENT

            Mr. Leon Platt, Information Systems Director, stated that Tab 27 dealt with the renewal of their Microsoft Enterprise Agreement, and he explained that six years ago Lake County entered into two agreements with Microsoft Corporation for the maintenance of Microsoft software products.  He related that this agreement was negotiated under the master agreement between the State of Florida and Microsoft and is renewable on a three year basis.  He specified that the first agreement covered their Microsoft Office Suite for 800 desktop users, and the second agreement covered their network licensing for 800 users and their server-based software.  The users impacted by this agreement were all Lake County BCC computer users, users from the Supervisor of Elections, and the Property Appraiser’s Office.  Both of these agreements were renewed three years ago, and both will expire this fiscal year.  He stated that IT (Information Technology) was recommending that they renew these agreements for an additional three years, and in addition they were recommending that the two agreements were rolled into one agreement with a single renewal date.  He reported that the funding for year one of this renewal was budgeted, was approved, and was in IT’s budget for this fiscal year.

            On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved Tab 27, the Microsoft Enterprise Enrollment and the Microsoft Enterprise Enrollment Amendment for licensing and software assurance on Microsoft software products used by the employees of the Board of County Commissioners, Supervisor of Elections, and Property Appraiser.

PROCUREMENT

FINANCIAL ADVISORY SERVICES AWARD

Mr. Barnett Schwartzman, Procurement Services Director, stated that Tab 28 was their request for authorization to award the Financial Advisory Services contract for Southwest Company, and this was presented as a departmental item because of the overall importance of the subject.  He related that they followed normal processing and had a formal selection committee comprised of the individuals noted in the agenda item cover sheet, which recommended the award to First Southwest Company.  He noted that there were no significant pricing variations, but the award was based on technical advantages.

Commr. Conner requested that the Commission interview the top two firms, which were First Southwest and PFM, because he would like to see the Board more engaged in the Phase II financing.  He pointed out the importance of the decision and reminded the Board that there was precedent for interviewing in this area.  He had some concerns about the recommendation that did not have to do with the excellence of the firm that was recommended, but he mentioned that he thought staff had done a very good job in short listing the firms for this award.  He added that since this was the Board’s financial advisor, he thought that it would be very helpful to hear short, 20-minute presentations from those firms and have a question and answer session with them.

Commr. Cadwell commented that they purposely kept the Board out of the RFP process to avoid any of the normal politics with any of the interested firms.  He asked if Commr. Conner wanted to interview the applicants this time because of the specific issue involved, since it was the Board’s financial advisor.

Commr. Conner responded that on the School Board, the model that worked best was having a Board representative on the selection committee in certain situations, but they could discuss that issue at a later time.  He commented that he wanted to see them engaged in the financial aspects of what was about to face them, because there were a lot of financial issues in front of them right now, and he thought that the public would commend them for doing that.

Commr. Stewart commented that this was a huge responsibility, and they were being closely scrutinized by the public right now.  She stated that she wanted to be transparent with the public.

Commr. Hill commented that she knew the company, since they had worked with them before, and she based her opinion about the firm on the evaluation criteria that was listed in the RFP.

Commr. Cadwell stated that he agreed that this position rises to a different level than some of the others, and even though he had the highest regard for Southwest, he had no problem interviewing the top two firms and coming back at a later time.

On a motion by Commr. Conner, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board moved to interview First Southwest Company and The PFM Group, and have their staff set up those interviews.

AGREEMENT WITH MV CONTRACT TRANSPORTATION, INC.

Ms. Cindy Hall, County Manager, explained that they had combined two items in Tab 29, the first part to approve the revised agreement with MV Contract Transportation Inc. (MV) and the second part to approve the associated Commercial Lease with Option to Purchase.  She asked the Board to move forward with the first part, but to postpone the second part and continue to do due diligence on that item.

Commr. Cadwell stated that the Board wanted to talk a little about the second part, since there was so much uniqueness to the deal, the facility, and the location, and he wanted to try to work it out.  He directed Ms. Hall to do the due diligence in a very timely manner.  He specified that the way the financing was structured and the way the building was built were so unique that they did not think they could find that anywhere else.

Mr. Schwartzman explained that the MV Contract portion of this agenda item reflected an initiative from staff that was started last March and was intended to minimize the potential adverse impacts on service to County citizens as a result of anticipated budget cuts.  He noted the agenda item description gave a chronological turn of events of everything that they had done to get to this point.  He commented that they had a good contractor who was providing high-quality service, and they thought the price was right for the services remaining without the maintenance function.  They also believed that they were freeing up about $400,000 to support additional services to citizens.  He requested approval for that portion of the contract, modifying it to assign responsibility for maintenance of the vehicles to the County.

Commr. Conner commended their staff for taking the initiative to save money, which was what he was looking for.  He suggested that in the future they competitively bid their contracts at least every three years, which he felt might improve their pricing.

Commr. Stewart commented that their departments look for ways to save the County money all the time, but the public is not usually aware of it.

On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved the revised Agreement with MV Contract Transportation, Inc.

Commr. Cadwell stated that the deal associated with the commercial lease was very unique, and he felt that because of the way the deal was structured, getting an appraisal now would probably be useless, since it would be a few years before the County decided they wanted to stay and purchase the building.  He also pointed out that staff worked for almost nine months to look at different locations and options, and he felt this was the right one.

Commr. Conner commented that he had concerns about the lease component, but he did see aspects of that facility that were favorable.  He stated that he wanted to look at other alternatives and facilities, make sure they were getting value for their dollar, and do due diligence.  He also opined that if they decided to go with this building, he would rather purchase it than lease-purchase or have the lease restructured to give them more flexibility.  He mentioned that there could be car dealerships available that had gone out of business and were for sale.

Commr. Cadwell noted that they had already done due diligence and that the lease-purchase was done for their benefit, since they did not have the capital dollars to buy it today.  He thought it was an innovative way to get into the facility in a timely manner.  He also believed that only certain buildings would meet their needs because of the size of the buses and vehicles to be serviced.

Commr. Stewart stated that she believed this was the perfect spot for them, but had concerns about whether they were getting the best buy for their money.  She thought that because of the current economic times, the seller was fortunate that he had a purchaser or someone interested in the property.

Commr. Conner suggested that they have some conversations with the City of Tavares and the School Board to see if there was a remote possibility of sharing the use of this facility.

Commr. Hill stated that she was very comfortable with this property, because they had done the due diligence to the point of looking at other facilities as well as even looking at building a facility.  She added that it had everything component-wise that they needed as well as extra space.  She also did not think that they would save anything by getting an appraisal, which would cost more money and take more time.  She commented that she supported Commr. Conner’s suggestion of looking into whether other entities may want to use that facility in the future.

Commr. Conner also suggested that they might want to do an RFP just for the 60 buses that were taken over from MV, so that they would have something to compare what the private sector would charge them for doing the maintenance on those buses compared to what they could do for themselves.  He also pointed out that some of the bays at that location would have to be raised and that raising the bays would not mean that a facility was necessarily unavailable or could not be used.  He commented that they should be buying based on the current market, which was a buyer’s market.

Mr. Sandy Minkoff, County Attorney, stated that he thought the appraisal was warranted, and if there was another property out there, they would look at it and bring it back to the Board.

PUBLIC SAFETY

FUNDING OF ANIMAL SERVICES BUDGET RESOLUTION

Ms. Marjorie Boyd, Animal Services Director, explained that Tab 30 was in reference to the authorization for the acceptance of a bequest to Animal Services from the Elise Eddlem Estate.

Commr. Hill stated that she would go along with the staff’s and County Attorney’s recommendation as to how the revenue would be appropriated, which was over a longer period of time.

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board authorized the acceptance of a bequest from the Elise Eddlem Estate and approved Budget Resolution No. 2008-210 for funding of animal services over a 36-month period, with $18,810 to be appropriated for FY 2008-09.

PUBLIC WORKS

THE VILLAGES AGREEMENT

Mr. Jim Stivender, Public Works Director, explained that in 2000, they proposed two RFP’s that would be managed by the Cities of Lady Lake and Fruitland Park to review the possibility of four-laning CR 466 to the north and CR 466-A to the south.  He specified that the traffic count to date on the county line on CR 466 was 18,000 cars per day that traveled back and forth to the commercial property in Lake County and into Sumter County, and CR 466-A had a traffic count of 6,000 cars a day.  He pointed out that those numbers have doubled just in the last two years because of the opening of the road access in that area.  He related that they worked out an agreement with the Villages and the State of Florida for $5 million for construction costs, and they were able to get a large grant to construct a one-mile long four-lane segment from Rolling Acres Road.  He reported that they had already moved forward with the full design and right of way acquisition and started construction for the first segment of it.  He explained that the Villages was trying to work through all their grievances with the State of Florida, and there was discussion about making improvements on 466 with Mr. T. J. Fish, LSMPO Executive Director, and they looked at other options of other things that could be done quickly.  Since they had construction plans already done on CR 466 and they were beginning the right of way acquisition, they thought that road was their most viable alternative to actually obtain construction dollars.  They have been negotiating to essentially free up dollars that they had committed to CR 466, have the Villages build that segment of 466 as their contribution to the 466-A project, and they would in turn take those dollars and add them to the dollars they already had set aside for 466-A and move forward in 2009 with right of way acquisition instead of when it was budgeted in 2011.

Commr. Cadwell clarified that they were looking for the Board to give them direction to bring back a formal agreement with The Villages.

Mr. Minkoff clarified that the developer was required to mitigate the impacts of the transportation system with the DRI, but The Villages has requested that they would be relieved from doing any further work on CR 466-A if they complete the work on CR 466.  He added that the value of that possible impact on CR 466-A by the Villages Development was anywhere from 0 to $8 million, but the difficulty was that the impact would not be determined until several years from now until The Villages and commercial development were built out.  He commented that there was both a timing issue and a dollar issue, since The Villages has proposed to make this investment now as opposed to several years from now, and the County’s estimate of the road construction that they were going to be doing was roughly $4 million.  He explained that they would be giving up a possible claim in the future so that they could get that $4 million today.  He pointed out that they were not asking for action today, but they just wanted to make sure before they negotiated this agreement that the Board was comfortable with it.

Commr. Cadwell commented that this was a great idea, since it would help them move two projects forward quicker.  He also noted that he and Mr. Stivender had discussed different ways to get CR 466 moved up for several years now, since there was a major traffic problem near Rolling Acres Road.

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board gave consensus for staff to move forward with this and to bring back a formal agreement with The Villages.

OTHER BUSINESS

APPOINTMENTS TO PUBLIC SAFETY COORDINATING COUNCIL

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved the appointment of the following individuals to vacant positions on the Public Safety Coordinating Council:

Mr. Ed Nathanson, Chief of Police, Lady Lake Police Department (the police chief)

Mr. Dale Benefield, Program Administrator of the Substance Abuse Mental Health Program Office (A representative of the substance abuse program office and the mental health program office of the Department of Children and Family Services)

Ms. Jane Bugnaski (A primary consumer of mental health services)

Ms. Courtney Peicewicz (a primary consumer of substance abuse services)

Mr. Jerry Manesis (A family member of a primary consumer of community based-treatment services)

Ms. Barbara Wheeler, Executive Director, Mid Florida Homeless Coalition, Inc. (a representative from an area homeless program or a supportive housing program)

Adrian Mathena, Juvenile Probation Officer Supervisor, Department of Juvenile Justice (the chief probation officer of the Department of Juvenile Justice)

Commr. Hill commented that they there was only one position that they were still looking for, which was for the Director of a Detention Facility for the Department of Juvenile Justice.

REPORTS – COUNTY ATTORNEY

RESOLUTIONS INSTITUTING EMINENT DOMAIN PROCEEDINGS FOR CR 466

Mr. Sandy Minkoff, County Attorney, explained that this was in relation to the discussion they had just had regarding The Villages agreement, because moving the time frame up on the CR 466, Segment B project from Rolling Acres Road to Highway 441 has hastened the time that they needed to acquire the right of way.  He stated that they had in front of them several resolutions which would authorize the initiation of the eminent domain process for the parcels that they needed.  He related that his office has spent a lot of time working with these property owners, and they were in negotiations with most of them.  He commented that they probably would end up having very few eminent domain cases, but to make sure they kept The Villages project moving forward, they brought all the parcels to the Board at once.

On a motion by Commr. Hill, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board approved Tab 41, the approval of Resolutions No. 2008-215 through 2008-229 and Resolutions No. 2008-231 through 2008-237 instituting the eminent domain proceedings for acquisition of property located along the CR 466 – Segment B Road Widening Project, and approval to proceed with pre-suit negotiation offers.

REPORTS – COUNTY MANAGER

EVALUATION AND APPRAISAL REPORT

Ms. Cindy Hall, County Manager, reported to the Board that they received a letter on December 8 from the Department of Community Affairs (DCA) telling them that their Evaluation and Appraisal Report was sufficient.  She commented that that was extremely good news and put them back on track and in compliance with the Comprehensive Plan.  She specified that DCA asked that the County review their Green Swamp policies to make it more consistent with the new Comp Plan that would be coming to them in January.

Commr. Cadwell suggested that they did not take that to the Local Planning Agency (LPA) until after they have transmitted their plan to the Board.  However, he commented that staff could start working on policy regarding that now.

REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1

INTERLOCAL AGREEMENT WITH LEESBURG REGARDING FIRE SERVICE

Commr. Hill reported to the Board that she had talked to Mr. Gary Kaiser, Public Safety Director, who informed her that they had an interlocal with the City of Leesburg that would be able to cover service to the five-story building they discussed earlier in the meeting, but he wanted to get together with Growth Management to give some input on construction of the building for fire safety reasons.

DISCUSSION OF COMMITTEES AT UPCOMING WORKSHOP

Commr. Hill asked to add discussion regarding some of their committees to their upcoming workshop, and she would give the Board a list of those.

REPORTS – COMMISSIONER CONNER – DISTRICT 3

FRIENDS OF FERNDALE MEETING

Commr. Conner related that he went to the Friends of Ferndale meeting on Thursday evening, December 11, and he noted that Mr. Bill Gearing, Community Enhancement Coordinator, Community Services; Mr. Tom Eicher, Parks and Trails Manager, Public Works; and Ms. Wendy Poag, Naturalist-Land Steward, Parks and Trails, Public Works from the County’s staff were there.  He commented that he was very impressed to see the connection between their staff and the community and that they had a great meeting out there.

            REPORTS – COMMISSIONER CADWELL – DISTRICT 5

            MARTIN LUTHER KING DAY PROCLAMATION

            On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board added the approval of the Martin Luther King Day Proclamation to the agenda.

            On a motion by Commr. Conner, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved the Martin Luther King Day Proclamation No. 2008-230.

            POSTPONEMENT OF RETREAT

            Commr. Cadwell commented to Ms. Hall that he did not want Commr. Renick to feel obligated to get back for the retreat that was scheduled for December 18, and he asked the Board to postpone that.  The Board gave consensus to postpone that retreat until after the holidays.

            RECESS AND REASSEMBLY

            The Chairman announced at 11:30 a.m. that the meeting would recess until 5:05 p.m.

            PUBLIC HEARING – 5:05 P.M.

            NECESSARY PUBLIC SERVICES AND FACILITIES ORDINANCE

            On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 3-0, the Board approved Ordinance No. 2008-86 relating to Chapter V-A, Land Development Regulations (LDR) entitled Necessary Public Services and Facilities regarding expiration date for the School Concurrency Ordinance.

ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:10 p.m.

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

ATTEST:

 

 

__________________________

NEIL KELLY, CLERK