BCC Board Meeting Minutes

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 25, 2004

The Lake County Board of County Commissioners met in a regular session on Tuesday, May 25, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. . Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Mr. Bill Neron, County Manager, informed the Board that there is an Addendum No. 1 to today’s agenda, with one consent item, and one departmental item of business.

Commr. Cadwell noted that the first item under the consent agenda is an item from the Transportation Disadvantaged Coordinating Board, and Commr. Stivender serves as the liaison to that Board. He asked whether she was satisfied with the answer that was brought back from staff, or whether she wanted to discuss the item.

Commr. Stivender felt that the consent item should be discussed, since it is a countywide issue. It was noted that both items on Addendum No. 1 would be discussed.

PUBLIC HEARING -

ROAD VACATION PETITION 1024 - LAKE COUNTY PUBLIC WORKS

CLERMONT AREA - COMMISSION DISTRICT 2

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss Road Vacation Petition 1024 by Lake County Public Works, to vacate a right of way in the plat of Lake Highlands Company, and an easement, as described, in the Clermont area. Mr. Stivender stated that this is along the south side of Highway 50, and there are easements that do not necessarily connect along Highway 50 but are just south by 10 to 15 feet and are part of the old Lake Highlands plat. There is a question concerning easements for a sewer and water line, and this road vacation would be subject to the petitioner granting an easement to the City of Clermont for that line.

Commr. Pool wanted to make sure that the request would not affect the six-lane project at the Highway 50 corridor, and Mr. Stivender explained that it is actually detached from Highway 50, and staff has verified all issues relating to this request.

Commr. Stivender opened the public hearing portion of the meeting and called for public comment. It was noted that no one present wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Petition Number 1024 by Lake County Public Works to vacate a right of way in the plat of Lake Highlands Company, and an easement located in Section 28, Township 22 South, Range 26 East, in the Clermont area – Commission District 2 - Resolution 2004-84.

PUBLIC HEARINGS: REZONINGS

PETITION PH#25-04-4 - KEITH SHAMROCK - LESLIE CAMPIONE, ATTORNEY

R-1 TO R-4 - TRACKING #17-04-Z

Mr. Jeff Richardson, Planning Manager, Planning and Development Services, informed the Board that staff has received a request from Ms. Leslie Campione, Attorney, to withdraw Rezoning Case PH#25-04-4, Keith Shamrock, Leslie Campione, Attorney, Tracking #17-04-Z because, as noted in her letter dated May 24, 2004, her client is seeking annexation into the City of Eustis, due to the fact that water and sewer services will be provided by the City, and the property is contiguous to the City limits.

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for withdrawal of Rezoning Case PH#25-04-4, Keith Shamrock, Leslie Campione, Attorney, a request to rezone from R-1 (Rural Residential) to R-4 (Medium Suburban Residential District), Tracking #17-04-Z.

PETITION PH#31-04-4 - JOHN JR. AND CINDY PRICKETT - R-1 TO R-2

TRACKING #32-04-Z

Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, presented Rezoning Petition #31-04-4, John Jr. and Cindy Prickett, and Keith Williams, Agent, a request to rezone from R-1 to R-2, Tracking #32-04-Z. Ms. Kapner stated that the property is approximately 31 acres and is located within the urban area on the Future Land Use Map. She referred to the Findings from staff noting that the proposed rezoning does not conflict with the Land Development Regulations (LDRs), Section 3.00.03, and the R-2 zoning is also not in conflict with Table 3.03.03, the Urban Area Residential Density Chart, that allows for 3.5 dwelling units per acre. Staff is recommending approval of the request. The Zoning Board recommended approval 4-3 to R-2.

Commr. Cadwell asked for clarification on the number of homes that would be allowed under this request, with Ms. Kapner explaining that the present zoning allows for the construction of 23 homes, and the applicant wants to develop 25 residential lots, therefore, a rezoning to R-2 would be necessary. To further clarify, she explained that the applicant can build 23 homes today, under the current zoning, after going through site plan review.

Commr. Cadwell explained that the Zoning Board was concerned that the zoning change to R-2 would allow them to build more residential homes.

Ms. Kapner explained that the applicant could have two dwelling units per acre over the entire site, 62 dwelling units, under the R-2 zoning. They do have a deed restriction, which is not enforced by the County but will be enforced under civil law, and it restricts the number of homes that they can have on the parcel, to a total of 25.

Mr. Keith Williams, agent for the applicants, addressed the Board and stated that they are deed restricted to a maximum of 25 homes under the requested zoning, and they have no plans to increase the number any greater than 25. Mr. Williams stated that there have been a couple of complaints from residents, one having to do with a big oak tree on the site. They made sure that it will sit on the boundary, and they are not going to take down the tree. The homes that actually border on West Crooked Lake will be the only homes allowed to have access to the lake. It is going to be a nice low density development, with expensive homes, and they have no intention of putting in more than 25 homes. Mr. Williams stated that Lake Dicie is a small lake, and they do not really want powerboats, or jet cruisers, or anything of the sort on it, so they are going to restrict it to rowing boats, or low electric motors. He noted that they are going to keep as many of the trees as they can on site, and their planning also includes a lot of extra landscaping. In response to Commr. Hanson’s question about clustering, Mr. Williams stated that they are working with their engineers, so he cannot give a definitive answer, in terms of trees and clustering, but they will be maintaining much of the natural ecology.

Commr. Stivender pointed out that the last two rezoning cases that the Board approved that went to the School Board, the Board requested that they voluntarily give a $2,000 gap fee, until they determine a final number, and she asked Mr. Williams if that would be acceptable to him, as they begin to develop the site.

Mr. Williams stated that he could not really comment on this issue, because he is still learning about school boards and trying to understand the concept, as well as how they figured the ratios for the number of children in homes, and he is a little bit skeptical about all of it. He stated that, if they develop 25 homes, he would like to see how they are going to calculate the number of children there, because a lot of the people that may be buying these homes will be retired people, or maybe people whose children have already left home. He stated that, even though he is not totally against it, he is not for it, but he will remain open minded about it.

Commr. Stivender stated that it was her duty to bring this issue up for discussion, since she is the one that has been designated to talk to the School Board.

No one present wished to speak in opposition to the request. There being no further public comment, the public hearing portion of the meeting was closed.

Commr. Cadwell stated that, in regards to Lake Dicie, the Board has restricted certain lakes, and he questioned whether this lake is strictly in the County.

Mr. Sandy Minkoff, County Attorney, stated that Lake Dicie is surrounded by County at this point, and it is not one of the lakes that the Board designated no powerboats.

It was noted from discussion that powerboats on Lake Dicie was not an issue at this time.

Commr. Cadwell stated that he appreciated Commr. Stivender bringing up the concerns to the school system and, even though this is straight zoning, in looking at the deed restrictions they have already put into place, they are actually talking about two homes, as opposed to 60 and, even at some point, as they go through that process with the school system, he is convinced that there needs to be a threshold where those types of concerns take effect so they do not have small homebuilders who are building 10 to 20 homes a year basically put out of business by what this Board, and the School Board do. He stated that, because this involves two homes, he did not have the same concern over this request.

Commr. Hanson stated that it is purely voluntary on the $2,000 gap fee, so will not be a part of the motion.

On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#31-04-4, John Jr. and Cindy Prickett, Owners; Keith Williams, Agent; a request to rezone from R-1 (Rural Residential) to R-2 (Estate Residential), with the deed restrictions that are in place that limit the number to 25 homes, Ordinance 2004-35.

PETITION PH#24-04-5 - CHARLIE AND ROBERTA PARKER

CFD TO MP - TRACKING #26-04-MP

Ms. Tiffany Kapner, Senior Planner, Planning and Development Services, presented Rezoning Petition PH#24-04-5, Charlie and Roberta Parker, Tracking #26-04-MP, a request to rezone from CFD (Community Facility District) to MP (Planned Industrial District. Ms. Kapner stated that the current use of the site is that of mini-warehouses. In 1991, the site was approved as a CFD for an adult congregate living facility, but the site was never developed as such. The owners wish to continue the use of the mini-warehouses and add a caretaker’s home. The property is approximately one acre, and it is located within urban expansion. The proposed rezoning does not conflict with the Land Development Regulations (LDRs), Table 3.00.03 and Table 3.01.03, and it is consistent with the Comprehensive Plan, as seen in Policy 1-1.5. Staff is recommending approval of the request, with the provisions outlined in the ordinance.

In looking at the pictures (in backup) of the warehouses, Commr. Stivender wanted to know if the applicant would have to meet the new landscaping codes, when he builds the caretaker’s residence, and Ms. Kapner verified that he would have to meet this requirement, as reflected on Page 2, C. Buffering & Screening.

It was noted that all of the surrounding zoning is more intense than this zoning, and the site is currently on individual well and septic, but it is part of the phasing process for utilities in this area.

Commr. Stivender opened the public hearing and called for public comment.

Mr. Don Kelly stated that he is representing the applicants, and they are applying for a rezoning to place a caretaker’s home on site, in order to address numerous break-ins at the site.

No one present wished to speak in opposition to the request. There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#24-04-5, Charlie and Roberta Parker, Tracking #26-04-MP, a request to rezone from CFD (Community Facility District) to MP (Planned Industrial District), with the provisions outlined in Ordinance 2004-36, to continue the use of the mini-warehouses, and to add a caretaker’s home.

PETITION PH#29-04-2 - SAFE-T-STORAGE/HERB SMITH CONSTRUCTION, INC.

L T PROPERTIES - AMEND EXISTING CP - TRACKING #33-04-CP/AMD

Mr. Jeff Richardson, Planning Manager, Planning and Development Services, presented

Rezoning Case PH#29-04-2, Safe-T-Storage/Herb Smith Construction, Inc./L T Properties, Tracking #33-04-CP/AMD, a request to amend existing CP Ordinance #2000-83 (Land Uses), to add research service, commercial recreation, medical service, self-service storage, and auto repair. The overall site is approximately ten acres in size; it is on Clermont’s central water and sewer; and the site is partially developed at this point in time. The City of Clermont has issued some comments based on their review, as noted in their letter dated May 14, 2004, from Mr. Barry Brown, Director of Planning. On May 11, 2004, the Clermont City Council denied the request based upon its location and, because their utility service agreement with the property owner had eliminated automotive repair as one of the uses. If the Board approves the change, the Council requests that the ordinance include language prohibiting outdoor over night storage of vehicles, as well as temporary signage, as noted. Staff is recommending approval of the amendment. The Ordinance remains the same except for the addition of the requested uses.

In response to questions from the Board members, Mr. Richardson explained that, in reading the Zoning Board minutes, and the summary from the City Council meeting, as shown in the backup, it appears that staff was willing to support the establishment of the additional uses, because the site is partially developed, and recommendations were made in their comments.

Commr. Pool stated that he spoke to Mr. Robert Thompson, agent, and Mr. Frank Caputo, City Councilman, and the concern originally was that this was located on the frontage side of Highway 50, but it is actually the second building back, with an entrance in the rear. Mr. Thompson talked to the City Engineer, and staff now feels that they understand the proposal, as clarified.

Mr. Robert Thompson addressed the Board and stated that he did talk to staff at the City level, and one of the concerns involved parking, and staff did not understand that they do not allow over night parking, as part of the ordinance. He explained that this language is also included in their leases. Mr. Thompson stated that a small automotive repair business will be going to the rear of the second building back, and everything will be housed inside the building. He has sent one letter already asking that all banners, neon tubing, etc. be removed, once the signs are in place. He stated that he had no problem with the additional language being placed in the Ordinance, to address no outside storage of automotive, and no banners.

No one present wished to speak in opposition to the request. There being no further public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#29-04-2, Safe-T-Storage/Herb Smith Construction, Inc./L T Properties, Tracking #33-04-CP/AMD, to add the following community commercial uses: research service, commercial recreation, medical service, self-storage, and auto repair; with the conditions placed by the City of Clermont, and the amendment about no banners, Ordinance 2004-37.

PETITION PH#30-04-5 - STANLEY H. & LOUISE R. WILLIAMS

AGENTS - LESLIE ELAINE BARNES & CHARLES LEE TRACEY

MP TO A - TRACKING #34-04-Z

Mr. Jeff Richardson, Planning Manager, Planning and Development Services, presented

Rezoning Case PH#30-04-5, Stanley H. & Louise R. Williams, Agents Leslie Elaine Barnes and Charles Lee Tracey, Tracking #34-04-Z, a request to rezone from MP (Planned Industrial District) to A (Agriculture District). Mr. Richardson stated that staff has found the request to be consistent with the Land Development Regulations (LDRs) and Comprehensive Plan. The property is located in an existing Rural Village, and the agriculture uses are consistent with the Rural Village Future Land Use. Staff is recommending approval of the request.

Commr. Stivender opened the public hearing and called for public comment. It was noted that the applicant was present, and no one wished to speak in opposition to the request. There being no public comment, the public hearing portion of the meeting was closed.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board upheld the recommendation of the Zoning Board and approved Rezoning Case PH#30-04-5, Stanley H. and Louise R. Williams, Agents Leslie Elaine Barnes and Charles Lee Tracey, Tracking #34-04-Z, Ordinance 2004-38, as presented.

ADDENDUM NO. 1

TRANSIT DEVELOPMENT PLAN/TINDALE-OLIVER & ASSOCIATES

Mr. Bill Neron, County Manager, referred to the request to delay implementing the deviated fixed route as recommended by Tindale-Oliver & Associates, until the County’s Transit Development Plan (TDP) has been completed and has been considered by the Board, and stated that a couple of years ago, they had ceased service on a fixed route because of lack of ridership. Staff has been looking at a deviated fixed route, but the consultants and staff still have concerns with it not providing the level of service that will be needed to attract customers. Staff feels it should be delayed until the master plan is completed later this summer.

Commr. Stivender stated that she had Mr. Neron bring this request back to the Board, so that the whole Board would understand the impact this would have on the citizens. She has received phone calls from people who have called Lake Transit and were told that the Board pulled this request, when they were expecting to start riding June 1. There were also individuals expressing the same concern at the Transportation Disadvantaged Coordinating Board meeting, and Commr. Stivender wanted the Board to be aware of the impact and make that decision knowing that they will receive calls from the public who are expecting to ride.

Mr. Neron stated that it has always been his intent to bring this issue to the Board, but he was waiting on the letter from Tindale-Oliver, which he did not get until last Friday, so this is the first opportunity he has had to bring it to the Board. In terms of a time frame, he noted that they should have the master plan by August.

Commr. Hanson stated that there has been some discussion with the Lake Eustis Foundation about a need to look at areas within the County, such as the Golden Triangle Area, that would be more suitable for a fixed route, as opposed to countywide, and those areas where it makes sense and where the urban growth is there to make it work. Commr. Hanson asked that staff look at this within the master plan.

Commr. Stivender stated that she had asked Mr. Kenneth Harley, Public Transportation Manager, to give the Board a little oversight of the plan, because they have heard from individuals who are concerned about their areas, such as Mr. Travis Whigham, who wants them to look at Paisley. She agrees with Commr. Hanson that, as part of that plan, they are supposed to be looking at groups who need the service.

Mr. Harley, Public Transportation Manager, stated that the plan that is going to be submitted by Tindale-Oliver will look at transportation on a countywide level. It will look at the area of Paisley, because they did have some people from Paisley at the last public hearing, and they expressed concerns about transportation services in that area. Because the County has now become part urban and part rural, they have funding that is received from different funding partners. The urban part of the County will be funded through Federal Transit Administration (FTA), and the rural portions of the County will be funded through the Department of Transportation (DOT) 5311 programs. The funds and the services have to be segregated and they will have to look at those areas, especially the rural areas, because DOT funding is specifically set aside for those areas. In the past, they were allowed to use them in portions of the urban area but, now that the County has been designated as a MPO, that rule has changed and they are looking at each area of the County and, as Commr. Hanson stated, they are going to be looking at circulatory routes through the Golden Triangle area, the Leesburg area, and the Villages. He stated that, as they were working on the route, the plan was going to have one bus, and it was going to be a three hour headway for people, and they did not feel that it was going to provide a good level of service where people would want to use the system, they would not get the level of ridership that they needed to have the system, and it would not be functional and financially feasible for the County.

Commr. Hanson stated that there are still an awful lot of areas that are very rural and, although they do not need the same level of service as they do in the urban area, they need to remember Sorrento and Pine Lakes, and a lot of other areas that may not have been represented.

Commr. Stivender noted that Ms. Mary Bennett is on the Transportation Disadvantaged Coordinating Board, and she is very diligent in making sure that all areas are covered by the system.

Commr. Hanson stated that she wanted to bring up the item of a mobile health unit because there may be a possibility of offsetting some of the transportation costs by having this service available in the area, and she knows that there are significant state grants available for a mobile health unit.

Mr. Harley stated that he can ask the consultants to look at this item, to see how it can be coordinated with the overall plan, and to ensure that it is addressed.

Commr. Stivender thanked staff for the information noting that it gives the Board a clear understanding of where they are on this issue.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from Program Analysis and Contract Management for approval to delay implementing the deviated fixed route as recommended by Tindale-Oliver & Associates, until the County’s Transit Development Plan (TDP) has been completed and adopted by the Board of County Commissioners.

LAKE SUMTER COMMUNITY COLLEGE/FURNITURE COUNTRY/CONTRACTS

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval to coordinate efforts between Lake Sumter Community College (LSCC), which is seeking acquisition of the Furniture Country Showroom, and Lake County to acquire the Furniture Country Warehouse located on CR 473. Even though the item has been noted for discussion, it was clarified that staff is looking for authority to spend some money.

Mr. Stivender explained that, in the Capital Improvement Program (CIP) last year, one of the items was $2.2 million for warehousing, for the County itself. The funds were to be used for storage and other associated functions, for a 10,000 square foot facility. He explained in detail the location of the site on CR 473 and stated that staff did seek input from the Constitutional Officers. The site is a five acre tract of land, the facility was built in 2000, and staff has researched the building permits, construction plans, etc., to see if the site is a viable location. Mr. Stivender showed pictures of the site noting the location of the retention pond, entrance road, parking area, showroom, property lines, and ramps, and he explained the structure of the building, which is concrete, and noted that the air conditioning would be less complicated because of the block walls versus steel. He described the ceiling area, staging area, stacking system, and fire flows, which all meet code. It is their understanding that the forklifts that fit with the system are negotiable. Staff also noted that there are other alternatives, if there was a need to secure one section from another section, and it looked as though it could easily be turned into office space, as he explained. Staff wanted to bring this to the Board to see if there was any interest in moving forward with it. Mr. Stivender explained that they had discussed centralizing everything including record storage. He stated that Ms. Emogene Stegall, Supervisor of Elections, has several rental spaces and leases that are about $50,000, to store all of the voting machines. By air conditioning some of this space, they could actually put them at this location and save that impact to the General Fund and invest it in this building.

Commr. Cadwell stated that, as they go through this process, they need to get the figures in writing, in terms of what they would be spending and what the County is currently paying in leases that will go away.

Mr. Stivender stated that Ms. Peggy Dionne, Special Services Division Director, is working on an analysis for each one of these factors. From their discussion, it was his understanding that they could fill this facility with a lot of items very quickly but they need to determine how to share it with the Constitutional Officers and/or others, but mathematically, there are a lot of small storage units around there and, by putting them all in here, they cannot really recoup enough of a revenue source to generate a savings to a substantial level.

Mr. Sandy Minkoff, County Attorney, explained that the Board could proceed with this request in two different ways. Staff can get the appraisals first and then negotiate with them, which is the way LSCC is working with them, because they are looking at another piece of property owned by this company, or the County can contract for it contingent upon the appraisals meeting the contract price. There will be a lot of due diligence and Mr. Stivender’s ideas on use of the building will have to go through building code review, to make sure that they can do what he is suggesting.

Commr. Stivender stated that she is having the roundtable meetings with the Constitutional Officers and this needs to be presented to them. It was noted that a couple of them and/or staff have visited the site including the Supervisor of Elections, the Clerk’s Office, and the Tax Collector.

Mr. Minkoff stated that he spoke to the attorney for LSCC, and they are negotiating on the retail store that Furniture Country owns that is adjacent to their campus. Originally, some of the trustees thought it might be to the County’s benefit to negotiate together. He stated that they are further along with the process and have submitted a contract to the seller, but he did not know is the contract has been accepted at this point. He noted that they did have appraisals done on that building. Mr. Minkoff stated that it had been suggested that they could work together and that the owner may prefer a package to sell both properties.

Commr. Pool stated that appraisals are important and he believes it will appraise out to the price being quoted. He thinks it is a pretty good buy based on it being a fully sprinkled building, the driveways are substantially in place, as well as stormwater and, when figuring in all of these things, he feels it is a bargain.

Commr. Hill stated that she appreciated the County trying to work with LSCC, but she wanted to make sure that, when staff brings back the numbers, they bring back the upgrades that they have talked about for the facility. When she went to the site with one of the Constitutional Officers, he had some ideas and concerns about how it would work with his office, with security and fire protection, and she is sure that the Clerk will have some of those same concerns. She would like to see all of these numbers.

After further discussion, it was noted that staff will address the cost and requirements for air conditioning space, the real cost for record storage, and verify engineering issues with the manufacturer.

Commr. Stivender stated that, as the CIP liaison, she thinks that the Board should tie up the property and do the appraisal, as they go through the due diligence, because she understands there are others interested in this site.

Mr. Bill Neron, County Manager, stated that staff wanted to make the Board aware of what they were doing, and to make sure that there were no concerns and, if they need to move ahead quickly, then they will be spending a little bit of money.

Mr. Minkoff stated that staff wanted the Board aware that they will spend $15,000 to $20,000 to get the appraisals, so it is fairly a significant amount of money and that staff would proceed with that understanding.

Commr. Hill made a motion, which was seconded by Commr. Pool, for staff to go forward with the request from Public Works for approval to coordinate efforts between Lake Sumter Community College (LSCC), which is seeking acquisition of the Furniture Country Showroom, and Lake County to acquire the Furniture Country Warehouse located on CR 473.

Under discussion, Commr. Cadwell wanted to know if the motion meant for staff to go forward under the guidelines that they use to purchase property.

Mr. Minkoff clarified that there are two options, they can do the appraisals first and bring those back to the Board confidentially and then they can make an offer on the property; or they can offer a contract at their selling price contingent upon it meeting the appraisals and, if that is the case, staff would bring the contract back to the Board pretty quickly before spending much of the money.

Commr. Hill amended her motion, and Commr. Pool amended his second to the motion, to go forward with the request, as noted, and to offer a contract at their selling price contingent upon it meeting the appraisals, with a contract being brought back to the Board.

Commr. Cadwell wanted to know if staff was confident that the property is going to appraise out at that value, or greater, and Mr. Stivender explained that the County could not build it at the asking price.

Mr. Chuck Creel, Construction Projects Division Director, stated that, in reviewing today’s prices, it would cost $65 a square foot to build that building, which would be far greater than the purchase price of the property. If they were to buy the property at $1.7 million, with five acres, with a concrete driveway and everything else, then basically the construction cost would be $56 a square foot, so it would be under market.

Commr. Stivender called for a vote on the amended motion, which was carried unanimously by a 5-0 vote.

Commr. Stivender extended her appreciation to staff for all of their work, and for working with all of the Constitutional Officers.

REPORTS - COUNTY MANAGER

MEETINGS

Mr. Bill Neron, County Manager stated that, in working with the Board Office, staff looked at the June 8, 2004 workshop day, and they do not have any items scheduled at this time. He would like to recommend to the Board that they consider cancelling the June 8, 2004 workshop meeting. It was noted that the regular meetings will be June 1, June 15, and June 29.

Commr. Hanson stated that she did not have a problem with cancelling the meeting but, on the tentative agenda, they should take out the wording “regular meeting” and put “worksession”.

Mr. Sandy Minkoff, County Attorney, requested that, rather than saying “worksession” they use “tentative” regular meeting, because there are times that staff likes to do business and, people perceive a worksession as being no business.

LOCAL PLANNING AGENCY (LPA)

Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that last week the Local Planning Agency (LPA) met and had initial discussions of the land plan amendment transmittals, and they continued all of them. They requested a number of workshops on items of interest to them before they go to those hearings. Staff has scheduled, on June 17, 2004, a workshop with Mr. Charlie Gauthier, Director of Community Planning, Department of Community Affairs (DCA); discussion and briefing from the Lake County School Board on how they determine the impact of development onto the schools, as well as school financing; discussion of the City of Clermont Joint Planning Agreement (JPA) to get an understanding of what that document means; and a presentation by Ms. Ginger Corless, HHI, on the Parks Master Plan. It was noted that all of these items are scheduled for June 17, 2004, in the Board Meeting Room, at 9 a.m.. Mr. Welstead explained that this will delay the land plan amendment hearings before the LPA, until July 15, 2004, and that will subsequently delay the Board’s transmittal hearings until August 24, 2004. There have been two submitals for the second cycle, one is joining another one scheduled for the first cycle, and staff is in discussion with the second applicant. There are a total of seven being delayed until July. In response to concerns expressed by the Board, Mr. Welstead stated that all of the applicants, during their discussion, stated that they would be fine with the August date, and with cancelling the first transmittal hearings altogether, but this will not delay them into next year. Mr. Welstead clarified that staff will get them back before the end of the year for adoption, if they get approval from the Board to transmit them.

Commr. Hanson stated that she and Mr. Welstead had talked about having Mr. Randall Arendt, a land use planner and conservation planner, here to have a workshop, and she wanted to know if he was going to be a part of this workshop.

Mr. Welstead noted that Mr. Arendt is not a part of this workshop. The East Central Florida Regional Planning Council (ECFRPC) is contracting with Mr. Arendt for two days of seminars, one in Orange County, one in Lake County, in July, but staff does not have the specific date for his presentation. He will advise the Board of the date as soon as he gets the information, and it will be open to the public.

Commr. Stivender questioned whether there would be a problem, if the Commissioners wanted to attend the meeting on June 17, 2004, and Mr. Minkoff explained that it is a public meeting and, if the Commissioners were wanting to participate, they would have to advertise it as a Board meeting, but it is a LPA meeting, and it would not be a problem, if they want to sit in the audience and not participate.

After some discussion, Commr. Cadwell stated that he had no problem with staff advertising the meeting, to comply with the Sunshine Law, but he felt it was important that this group (LPA) stands alone and gathers that information themselves. He does not plan on going to that meeting for that purpose, and he wanted them to understand their job, and to do their job, and then they will bring it to this Board, and they will do their job. He does not want this Board interjecting into their decision making process, and he is afraid that, even by attendance, they may do that and this would be his only concern. He stated that it is everybody’s personal business as a Commissioner until they call it a Commission meeting, and then it becomes his business, and he would encourage them to let these people do their job.

Commr. Hanson felt that the LPA would be able to do this but it would also be an educational process for this Board.

It was noted that this meeting will be advertised accordingly by staff.

REPORTS - COUNTY ATTORNEY

ORDINANCES/ARTICLE V

Mr. Sandy Minkoff, County Attorney, reported that Ms. Cindy Hall, Assistant County Attorney, has been working with a group of staff, and the Clerk, on some ordinance changes, and they have a meeting scheduled this afternoon to go into detail. Staff will be bringing these changes to the Board for approval to advertise, on the first meeting in June and adoption the second meeting, and they will change the fee structure for court cases, in accordance with the legislation. There will be a lot of impacts to the Board, but there will be a lot more impacts to the Clerk’s Office. He stated that, sometime in June, the County Manager has asked staff to give a full presentation to the Board on this matter. They will have changes to five or six of the code sections coming to the Board adopting the new fees and eliminating the existing fees, which are no longer lawful.

Mr. Minkoff stated that he would like to add to the agenda an update on Covanta and, with the Board’s permission, on the June 15, 2004, he would like to request a closed session.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to add the request for a special meeting to the agenda.

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for a closed session for June 15, 2004, at 10 a.m.

REPORTS - COMMISSIONER POOL - DISTRICT #2

D.A.R.E.

Commr. Pool stated that there was a successful D.A.R.E. golf outing and it was a great event and many people participated.

DOVE HILL HORSE RANCH, INC.

Commr. Pool informed the Board that he had attended the Dove Hill Horse Ranch, Inc. fund raising event that was held Saturday at Lake David in Groveland. He stated that this is a not-for-profit organization, and information is available should anyone wish to contribute to the organization. He appreciates what Dove Hill Horse Ranch, Inc. does for the County.

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

MEMORIAL DAY EVENT

Commr. Cadwell informed the Board that there will be a Memorial Day Event at McTureous Memorial Park, Altoona, at 10:15 a.m.

REPORTS - COMMISSIONER STIVENDER, CHAIRMAN - DISTRICT #3

D.A.R.E.

Commr. Stivender stated that Commr. Pool discussed the D.A.R.E. golf tournament, which was held at The Legends, and there were some celebrity players there. She stated that it was a great success and they earned a lot of money for the D.A.R.E. program. She stated that they are in need of another D.A.R.E. officer for the fifth grades, because the school system is adding so many additional schools. She wanted to make the Board aware of this before it comes forward.

NATIONAL JUNIOR COLLEGE WOMEN’S SOFTBALL TOURNAMENT

Commr. Stivender reported that the National Junior College Women’s Softball Tournament concluded Saturday night. It was a great event with thousands in attendance. The only drawback was that the majority of families did not stay in Lake County, and Mr. Greg Mihalic, Director or Economic Development and Tourism, will be working on the tourism aspect of this item.

LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION MEETING

Commr. Stivender reminded the Board that the Lake-Sumter Metropolitan Planning Organization (MPO) workshop will be held tomorrow in the Training Room, from 10 a.m. to 2 p.m., and the regular meeting will begin at 3 p.m..

Commr. Cadwell noted that he will not be attending the workshop, but he will be attending the 3 p.m. meeting.

ADJOURNMENT

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

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DEBBIE STIVENDER, CHAIRMAN

ATTEST:

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JAMES C. WATKINS, CLERK