OCTOBER 5, 2004

            The Lake County Board of County Commissioners met in a regular session on Tuesday, October 5, 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: Jennifer Hill, Vice Chairman; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. Commissioners not present: Debbie Stivender, Chairman. 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; Ms. Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.


            It was noted that Commr. Stivender, Chairman, was not present for the meeting, due to illness, and Commr. Hill, Vice Chairman, would be serving as Chairman. At this time, Commr. Hill called the meeting to order.


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


            Mr. E. E. “Butch” Whitehead, Director of Emergency Management, addressed the Board to discuss power restoration during and after the storm (Hurricane Jeanne). Mr. Whitehad stated that they started with about 90,000 customers without power, about 65% of the County, and were happy to report that, by Friday morning, about 98.5% of the County was restored and, by Friday evening, all customers were restored. On Monday, September 27, 2004, they began to provide ice, water, and meals-ready-to-eat (MREs). Mr. Whitehead explained that they manned seven ice and water stations throughout the County with the National Guard, and they were also supporting four others in the cities of Astatula, Eustis, Mount Dora, and Mascotte. They had two feeding stations that were manned by the Salvation Army, in Astor and Okahumpka, and the Red Cross delivered food to the Paisley area, and to the Sandpiper Mobile Home Park. They conducted daily conference calls with all of the cities to make sure they were meeting their needs and addressing their issues. In terms of flooding, he has been monitoring Astor for the last three weeks, and yesterday it was down about five inches from the previous Monday. He also talked to the owner at Pier 44, and it has actually dropped about three inches at the marina. Because of their concerns in Astor, they had established a comfort station there, with the help of the Salvation Army, and Sprint put in some phones, so that people could make local phone calls. All of this has been discontinued as of yesterday. Mr. Whitehead stated that there was a gentleman at the Community Center who could not thank the County enough for what they had done for them in the Astor area. Mr. Whitehead stated that Lake Mack has been a typical area that had flooding issues, and they are conducting pumping operations out of Lake Mack, but it is going to take awhile for that to go down. Right now the County is in a dry period and not having a lot of rain, which will help the situation, not only at Lake Mack, but in other area lakes.

            Mr. Whitehead stated that they are continuing with their damage assessment, with most of it being complete, but they are still taking reports from some of the cities. About 2,800 homes received some type of damage, as well as about 61 businesses, and they are conducting an inventory at their logistic staging area. They do have some commodities in excess to their needs, which will be returned to the State, to be redistributed to other counties that need assistance. They have advertised the Corps of Engineers “blue roof” operation information, where people can apply for assistance in repairing their roofs and, even though people have made some repairs to their roofs, they can still apply for the assistance. The Red Cross is conducting family services, and the County Community Services has their SHIP program that is being advertised, as well, to assist the citizens in Lake County. They are also in the process of trying to establish a disaster recovery center in the County, since FEMA is having trouble establishing and supporting the staffing for all of the disaster recovery centers that have been requested in Florida. They are working closely with FEMA on their public assistance, and there will be a kick-off meeting for all three storms, Charley, Frances, and Jeanne, in the future. Mr. Whitehead stated that staff is also concerned about the mosquitoes, as a result of all of the rain, and staff will continue to monitor the St. Johns River.

            Mr. Eric Cotsenmoyer, Mosquito and Aquatic Plant Management Director, explained that the County has been experiencing a very high level of mosquitoes, due to the heavy rains, and staff has asked to participate with the Florida Department of Agriculture and Consumer Services (DACS), in a program to do aerial spraying, to help them reduce the risk in disease transmission, which is their primary concern. The levels that they are seeing right now are significantly higher than they have seen in previous history. Mr. Cotsenmoyer explained that it will be an aerial application and most of that will be done in the evening hours. The locations and times are not known right now, since they have just submitted their data, which has to be verified. They did propose about 218,000 acres to be treated and Naled will be the primary pesticide used to kill adult mosquitoes.


            Mr. John Pelosie, Medical Director, Lake County Health Department, and Associate Medical Director, Lake-Sumter Emergency Medical Services (EMS), addressed the Board and stated that many of the mosquito species that are being found in the traps can convey some of the arboviruses, such as the West Nile virus, so the aerial application will help reduce the risk of these viral infections to the population. He explained the application of Naled and addressed concerns about low flying airplanes noting that other abatements will go on as well.

            Mr. Gregg Welstead, Director of Growth Management/Deputy County Manager, stated that, when staff has the exact times and locations for the spraying, they will make sure that it is put out through the Community Outreach Program, the newspapers, and other media.

            Mr. Jim Stivender, Director of Public Works, noted that he had received a map from Mr. Cotsenmoyer identifying the high concentrations of mosquitoes in the Leesburg/Lake Griffin area, as well as recommendations for south Lake and east Lake County. Mr. Stivender felt that the spraying process would begin at 8 p.m., so people will most likely be indoors. He pointed out on the chart that, as of October 3, 2004, they were at 275,000 cubic yards collection. The map also showed the areas that had been touched by Hurricanes Frances and Jeanne, and the status of the situation today. He noted that the County has agreements with several of the cities to do their pickup. He pointed out color coded areas of concentration and stated that, if anyone wants to call about debris pickup, they need to call 253-4980. The Public Works Department is working with Grubbs Emergency Services and concentrating on completing the first push, and the second push is going to include larger equipment, to remove the larger logs and stumps, and massive lumber. Right now almost his entire department is dedicated to the storm issues. In regards to those individuals living along non-county maintained roads, Mr. Stivender noted that staff is taking each one of these situations on a case by case basis.

            Commr. Pool stated that the people at the Loghouse have been very helpful and very cooperative in helping others, and he would like people to thank them for their efforts.

            Mr. Stivender stated that Ms. Blanche Hardy, Director of Environmental Services, and her staff have been handling the drop off centers, which have been hit really hard. He asked that everyone be patient because, once these centers are full, they have to close them down to clear out the material. They are continuing to pump in south Lake County, and the Lake Mack area, and they can draw down about two inches a day. Fortunately, the County has not had any significant rainfall in the last seven days.

            Commr. Cadwell stated that there is going to be an after effect of the storm, with the small businesses and, in the next six to eight months, they may be dealing with different types of issues, but they will still be storm related.

            Mr. Greg Mihalic, Director of Economic Development/Tourism, stated that the Governor has designated Lake County as a recipient of the Bridge Loan Program, low interest, short term, $25,000 loans, which are personal loans to businesses, and $500,000 has been designated for use in Lake County. There are presently about six applications pending for businesses, and they are being reviewed by the Lake-Sumter Community College (LSCC) Small Business Assistance Center. The first loan committee will meet tomorrow morning, and a representative of the Governor’s Office will chair that committee. Mr. Mihalic stated that hopefully those loans will be approved tomorrow and processed within three days, so that those businesses have a fast turnaround and can get the money immediately. There are also disaster relief loans through the Small Business Administration (SBA), which are low interest, long term loans, for up to $1.5 million, and those are handled directly through SBA, and you have to call 1-800-621-FEMA to get registered to start the procedures on those loans.

            Commr. Cadwell pointed out that there are folks who have gone from paycheck to paycheck, and the Community Services Department is going to see a large increase in numbers this next year. He stated that the Board needs to be aware of this situation, and they need to be thinking about a plan, because they may need to look at programs they have not taken advantage of in the past.

            Mr. Bill Neron, County Manager, asked that Mr. Fletcher Smith, Director of Community Services address the Board, because the Board approved a SHIP program item at their last meeting. Mr. Neron stated that staff has been receiving a lot of calls about why Lake County is not eligible for the food stamp program, and he would like Mr. Smith to report on their efforts in that regard.

            Mr. Smith addressed the Board and stated that the SHIP program started taking applications yesterday, for the $3,000 grant for homeowners that had damage due to the hurricanes, and they are getting a lot of calls. Staff is also referring them to the “blue roof” program, with applications being taken in the rotunda of the Administration Building, in case they need immediate assistance. The Disaster Food Stamp Program is a complicated program, because the benchmark to qualify for this federal government program requires that you have at least 50% of the households, in the County, to be out of power for three or more days. When staff ran the numbers with the utility providers, through the course of Hurricanes Charley, Frances, and Jeanne, they had two consecutive days where there were over 50% of the households without power. He has gotten the number of homes that have been flooded and the number of homes that were destroyed, or significantly damaged, and he is trying to get the unemployment compensation claims that have been filed through Workforce Central Florida, since the beginning of August. Once he gets this information, he is going to send it to the Department of Children and Families (DCF), and at least have them look at the information and see if there is some way they can qualify Lake County for that assistance. In regards to information staff has received relating to the Hurricane Relief Fund, they will be coming to the Board soon to establish a long term Unmet Needs Committee, under the County’s purview, that will look at long term recovery programs that will need to be put in place. This committee would be made up of representatives from non-profit agencies, such as the Red Cross, Salvation Army and United Way, and faith based representatives, and they will establish long term needs and try to get some funding that they can allocate to some of the non-profit agencies in the community to work with the citizens that they are already serving. Mr. Smith noted that he will look at the power outage numbers again, as requested by Commr. Hanson.

            Mr. Stivender stated that there is about $1.2 million worth of damage to County facilities, but there is no major damage. Staff is actively hiring contractors to do roof repairs, and some of them have already been repaired. The pole barn south of Mascotte, which the Sheriff uses as a storage facility, had the most damage. Staff is getting estimates and documenting all information on those facilities.

            Mr. Neron stated that he is working with Ms. Regina Frazier, Director of Budget, and Mr. Stivender’s Office, and hopefully, within the next seven to ten days and, once the costs related to the various storms, the cash flow, and the FEMA reimbursements are compiled into a reasonable format, staff will be able to submit a report to the Board.

            Commr. Cadwell referred to the County’s Emergency Management Plan and questioned whether staff has a grading system they use after an emergency to determine how the entire process worked for the County, and Mr. Neron explained that they do have such a system in place and, after Hurricane Charley, they had about 240 suggestions of how they could improve it. They were able to implement some of them, for Hurricanes Frances and Jeanne, but that process is part of their normal operating system. Staff will be bringing back several changes and improvements to the Board, for the future.

            Commr. Hanson stated that they have all gotten calls, but those taking calls in the Emergency Operations Center (EOC) were tremendously stressed, and they did an outstanding job, but she did have at least one call from someone that got lost in the process. Even though she did work with the Health Department on this particular case, she wanted them to know that this possibility is always there.

            Mr. Neron stated that, overall, the response made by the team was very good. Since August, staff has been trying to keep the debris removal and other programs going, and to get the organization back to some semblance of normalcy. They hope to have the programs and services back on a day to day basis in another week or so. He has estimated a list of about 600 to 700 changes that they could make by the time they finish with the process.

            Commr. Hanson stated that they did have many volunteers, but she thinks that there is an opportunity to prepare a greater volunteer force.

            Commr. Hill stated that she did look through some of those suggestions and, from that point and, until two storms later, it looked as though they did complete quite a few of those suggestions.

            Mr. Neron stated that two suggestions that were a big success included the affiliation with the AM station, and the pet friendly shelters, which were a big success with the citizens. The pet friendly shelters was a fantastic program that was developed by Animal Control, with the Lake County School Board.


            Public Lands Acquisition Advisory Council (PLAAC)

            Mr. Bill Neron, County Manager, noted that Addendum No. 1 has been distributed to the Board members, which contains three consent items, and two discussion items. Mr. Neron stated that he would like to pull Tab 16, the request from Growth Management for approval (conceptual) of elements of proposed Public Lands Acquisition Advisory Council (PLAAC) process for selecting, acquiring, and managing public lands, to be rescheduled to a later date.

            Lake Mack Fire Station

            Commr. Cadwell stated that, under his business, he has one item that will require Board action. Under public comment, the Board had talked about letting the Lake Mack community use the fire station, but it has always been under public comment, and they all agreed that this would be a good thing. He would like to give the County Attorney permission to move forward and develop some type of agreement where the community can utilize the building.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to place the item regarding the Lake Mack fire station, as noted, on the agenda.

            Lease/Tax Collector/Closed Session

            Mr. Sandy Minkoff, County Attorney, stated that, under his business, he would like to add two items, one, the renewal of the lease for the Tax Collector at The Villages; and two, a request for a closed session on October 19, 2004.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to add the two items, as noted, on the agenda under the County Attorney’s business.


            Commr. Hill stated that the Board will not be discussing the County Manager and County Attorney evaluations today, and the discussion will not take place until there is a full Board.

            Mr. Sandy Minkoff, County Attorney, reminded the Board that the Board meeting next Tuesday (October 12, 2004) has been cancelled.


            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Minutes of August 5, 2004, Special Joint Meeting - BCC and City of Fruitland Park, as presented.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of August 17, 2004, Regular Meeting, as presented.


            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 10, as follows:

            List of Warrants


            List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.


            Contractor Bonds


            Request to approve Contractor Bonds, new, riders, and cancellations, as follows:




402-05Robert D. Boone/Boone Sign Erection & Service Inc. (Electrical Sign)

1691-05Franklin L. Russell/Russell’s Electrical Service, Inc. (Electrical)

5253-05Ronald E. Troutman

5573-05John Cadwell/Affordable Roofing by John Cadwell, Inc. (Roofing)

5633-05Ricky Wayne Jarvis (A/C Conditioning Class A Mechanical)

5637-05Ronald R. Howe/Southerland Electrical Solutions, Inc. (Electrical)

5724-05Knud E. Adserballe d.b.a. Pool Control, Inc.

5787-06Brandon Petty/BP Construction Company (Building)

6048-05Mark S. MacDonald/Water Systems Irrigation Specialists of Florida Inc. (Irrigation)

6078-04Carbaugh Construction

6153-05Anthony O’Keith Fennell/Fennell Electric, Inc.

6206-04Charles E. Allen/Gator Signs, Inc. (Electrical Signs)

6207-05Robert L. Horstmanshof d.b.a. Nature Coast Sprinklers Inc.




4587-04Changing Principal’s Name from Tim Coyle d.b.a. Central Florida Concrete to Tim Coyle Coyle Design, Inc. And Changing Bond Number from 669253 (877712 20242721) to 877712 66242721

5136-04Changing Name of Principal from Hambrick’s Concrete & Masonry to Hambrick’s Concrete & Masonry, Inc.

6016-05Changing Principal’s Name from J A M Construction to J A M Construction & Remodeling Inc.

6099-05Changing address of Principal from Clermont to Mascotte




1454-04Thomas L. Welton d.b.a. Welton Electric Inc. (Effective 11/1/04)

5693-04Matthew Reisman d.b.a. Reisman Construction, Inc. (Effective 10/17/04)

5833-04Darryl A. Vickers d.b.a. Elite Electric & Controls (Effective 11/7/04)

6119-04John Edward Hudson/Creative Aluminum, Inc. (Effective 10/1/04)


            Memorandum/Southwest Florida Water Management District/Public Meetings


            Request to acknowledge receipt of a Memorandum dated August 23, 2004 from the Southwest Florida Water Management District regarding Public Input Meetings for Update to Schedule for Establishment of Minimum Flows and Levels. The Memorandum reflects specific dates and times.


            Final Budget/Village Center Community Development District


            Request to acknowledge receipt of a copy of the adopted budget for the Village Center Community Development District for the Fiscal Year 2004-05, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes, and Resolution 04-15 adopting the Final Budget of the Village Center Community Development District.


            Monthly Distribution of Revenue


            Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending August 31, 2004 Disbursements due to Board: $96,773.64; Same period lasts year: $166,190.07.


            Annexation Ordinances - City of Eustis


            Request to acknowledge receipt of the Annexation Ordinances from the City of Eustis - Passed, Ordained, and Approved in Regular Session of the City Commission of the City of Eustis, Lake County, Florida, as follows:


Ordinance No. 04-30 - Approved June 17, 2004

Ordinance Nos. 04-13 and 04-33 - Approved July 1, 2004

Ordinance Nos. 04-28, 04-35, 04-37, and 04-39 - Approved August 5, 2004


            Southwest Florida Water Management District/Board Meeting Calendar

            Map Boundaries


            Request to acknowledge receipt of the Southwest Florida Water Management District’s Fiscal Year 2005 Board Meeting Calendar and map depicting the District’s boundaries, per the requirements of Chapter 189.417, Florida Statutes.


            Legal Notice - Application for Sale of Facilities/Florida Water Services Corporation


            Request to acknowledge receipt of the Legal Notice - Notice of Application for Sale of Facilities - Notice is hereby given, on August 24, 2004, pursuant to Section 367.071, Florida Statutes, of the application of Florida Water Services Corporation (Applicant) for the sale to Aqua Utilities Florida, Inc. (Purchaser) of the facilities providing service to the areas listed on the succeeding pages. Please note that this application is not a request for a change in rates.


            Florida Public Service Commission/Determination of Need


            Request to acknowledge receipt - Before the Florida Public Service Commission, Notice of Commission Hearing and Prehearing Conference to Progress Energy Florida, Inc. And All Other Interested Person, Docket No. 040817-EI, Petition for Determination of Need for Hines 4 Power Plant in Polk County by Progress Energy Florida, Inc., Issued September 13, 2004.


            Hearing before the PSC - 9:30 a.m., Wednesday, November 3, 2004, Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, FL (November 4, 204 also reserved, if needed).


            Prehearing - 9:30 a.m., Wednesday, October 18, 2004, Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, FL


            St. John River Water Management District/Memorandum/Applicant’s Handbook


            Request to acknowledge receipt from the St. Johns River Water Management District a Memorandum dated September 14, 2004 to Local Governments and Other Water Conservation Interested Persons, from Alfred Canepa, Assistant Director, Department of Resource Management regarding proposed revisions to Chapter 40C-2, F.A.C., and Applicant’s Handbook: Consumptive Uses of Water, regarding Water Conservation/Irrigation Efficiency and General Consumptive Use Permit by Rule - (September and October dates and times listed in Memorandum).



            Commr. Hanson declared a conflict of interest on Item I. B. 1., on Addendum No 1, noting that she will not be able to vote on the item, because her son works for Wharton Smith.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 13, and Addendum No. 1, with the exclusion of Item I. B. 1., which the Board will vote on separately:

            Resolution/Unanticipated Revenue/Volunteer Recognition


            Request from Budget for approval of Resolution 2004-163 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2003-2004 in the amount of $1,000.00 deposited into Donations and provide appropriations for the disbursement for Promotional Activities for the Eleventh Annual Volunteer Recognition and Reception.


            Resolution/Unanticipated Revenue/PEAR Dog Park


            Request from Budget for approval of Resolution 2004-164 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2003-2004 in the amount of $736.00 deposited into Donations and provide appropriations for the disbursement for Other Promotional Activities for PEAR Dog Park items.


            Transportation Impact Fee Refund/Lake Receptions


            Request from Impact Fees for approval of additional transportation impact fee refund of $13,512.07 to Lake Receptions as a result of an independent fee calculation study and following negotiations.


            Direct Pay Procedure/Health Care


            Request from Community Services for approval to continue the direct pay procedure during Fiscal Year 2004-2005 for the monthly Medicaid Nursing Home and Hospital bills as well as for direct pay for the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the Fiscal Year beginning October 1, 2004.


            Master Agreement/Industrial Development Authority


            Request from Economic Development and Tourism for approval of the Master Agreement and the Agreement to Service the Industrial Development Authority (IDA) between Lake County and the Economic Development Commission of Mid-Florida, Inc. for Fiscal Year 2004-2005 and quarterly payments totaling in the amount of $266,633.00.


            Authorizing Resolution/Florida Department of Transportation


            Request from Program Analysis and Contract Management for approval of the Authorizing Resolution 2004-165 which authorizes the Assistant County Manager to sign the Florida Department of Transportation reimbursement invoices.


            Authorizing Resolution/Florida Commission


            Request from Program Analysis and Contract Management for approval of the Authorizing Resolution 2004-166 which authorizes the Assistant County Manager to sign the Florida Commission for the Transportation Disadvantaged reimbursement invoices.


            Renewal of Interlocal Agreement/City of Mascotte First Responder/Fire Rescue


            Request from Public Safety for approval of the renewal of the Interlocal Agreement between Lake County and the City of Mascotte for First Responder Fire Rescue Services in which the County shall reimburse the City a total of $175,000.00 per annum for the fire and rescue services provided to the County.


            Renewal of Interlocal Agreement/City of Groveland/First Responder/Fire Rescue


            Request from Public Safety for approval of the renewal of the Interlocal Agreement between Lake County and the City of Groveland for First Responder Fire Rescue Services in which the County shall reimburse the City a total of $175,000.00 per annum for the fire and rescue services provided to the County.


            Contract Change Order/Hooks Street-Phase II & Citrus Tower Boulevard Project


            Request from Public Works for approval of Contract Change Order for the Hooks Street Phase II and Citrus Tower Boulevard Project in the amount of $17,359.00.


            Revised Certified Budget/Arthropod Control


            Request from Public Works for approval and signatures on the Revised Certified Budget for Arthropod Control for Fiscal Year 2004-2005.


            Maintenance Bond/Great Blue Heron Estates


            Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $20,746.00 posted for Great Blue Heron Estates.


            ADDENDUM NO. 1 -


            Budget Transfer/Loghouse Residential Drop-Off/Solid Waste Closures

            Florida Department of Environmental Protection


            Request from Budget for a budget transfer - Solid Waste Closures and Long-Term Care Fund, Department of Environmental Services, Loghouse Residential Drop-off Division, in the amount of $5,280.00 is requested. Transfer $5,280.00 from Special Reserve to Landfill Post Closure. Funds are needed to repair the fence at the Loghouse Residential Drop-off that was damaged during Hurricane Charley. The Florida Department of Environmental Protection requires that the landfill be secured. Funds are available in Special Reserve.


            Final Plat/Grand Island Estates/Developer’s Agreement/Shamrock Development


            Request from Public Works for approval to accept the final plat for Grand Island Estates and all areas dedicated to the public as shown on the Grand Island Estates final plat; accept a Letter of Credit in the amount of $557,643.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Shamrock Development. (The Board of County Commissioners, on August 24, 2004, accepted this final plat; however, there were changes that were needed to the plat and it was not recorded within the required 30 days. Therefore, according to Lake County Codification, the plat must be brought before the Board again for approval.).


            ADDENDUM NO. 1 -



            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 3-0 vote, the Board approved the request from Public Works for approval to encumber and expend funds for the Judicial Center Water Intrusion & Indoor Air Quality Investigation, Bid Number 03-092 and 03-089, respectively, to GLE Associates and Wharton Smith in the total amount of $186,385.00; and request to amend the existing contracts with GLE and Wharton Smith to encompass this work, with contracts subject to County Attorney approval.

            Commr. Hanson declared a conflict of interest, as her son works for Wharton Smith, and abstained from voting on the issue.


            Ms. Cindy Hall, Assistant County Manager, presented information on the following employees as they were recognized by the Board:

            Presentation of Award to Employee with Five Years of Service

            Janice E. Goodman, Office Associate III, Public Works

            Presentation of Award to Employee with Ten Years of Service

Wendy D. Linzey, Environmental Enforcement Officer, Growth Management/Code Enforcement


            Presentation of Award to Employee with Fifteen Years of Service


            Steven G. LaFleur, Fire Lieutenant/Paramedic, Public Safety/Fire Rescue


            Presentation of Award to Retiring Employee after Fifteen Years, 3 Months


Paul F. Murrey, Equipment Operator I, Public Works/Road Operations/Maintenance Area I (not present)


            PRESENTATION -


            Mr. Bill Neron, County Manager, stated that, several months ago, the Board approved a contract with Carter Goble Lee to do a space needs analysis for County facilities, for the next 20 year period. The purpose of the presentation is to give an update of the work, and they are going to spend some time on various construction management techniques that the Board may want to consider as they continue with several of the capital improvement projects.

            Mr. Stephen Carter, Carter Goble Lee, stated that he would like to first congratulate staff for setting an example for the country with its organization of an emergency system to manage the devastating outcome from the past storms.

            Mr. Carter stated that he will be using a power point to present an update on the needs study for Lake County. He referred to the Master Planning Flow Process noting that they have been evaluating the space needs and defining space requirements, based on various forecasting methods, and they tried to determine the useful life of the existing facilities. They are now at the point of looking at options for meeting space needs to the year 2020. At this time, he turned the presentation over to Ms. Chloe Jaco, Project Manager, and Mr. Joe Lee, who is a partner in the Carter Goble Lee, Atlanta Office.

            Ms. Chloe Jaco pointed out the List of Departments that are included in the study, and the Projected Staff and Space noting that these are the preliminary results that were presented in their first product. She explained that the information includes all of the data that has been gathered from the departments and divisions; a profile on their locations; historic staff; and projections. She pointed out the preliminary summary tables, which goes 15 years out and shows about a 93% increase in staff. Currently those departments occupy almost 650,000 square feet of space, and the 15 year projection shows a little over a million, which is about a 58% increase. Ms. Jaco pointed out the existing figure of 650,000 square feet, and the 2004 figure of 690,000 square feet and stated that this is taking the standards that they recommend for departments and applying them to what they have today, which shows a difference of only about 40,000 square feet. They are not at the point where the County has all of the base data, and they need input from the departments as to the accuracy to the data that was collected. At this time, Ms. Jaco reviewed the Comparison table, which shows that, in the next 15 years, the population is projected to grow about 84%; staff about 93%; and space about 58%. They are now at the point where they need to start talking about the difference between the 650,000 and the one million square feet, and a plan for the future including what is viable and how the County is going to manage the projects, not only in the planning of them, but also in the construction.

            Mr. Joe Lee explained that the planners have the opportunity to look at today’s space standards and, in order to look at construction, and procuring spaces, they have to start planning that activity. He will want to discuss proven methods, delivery methods, different construction alternatives, and planning the construction for the facility, so that it is reliable and efficient to run five to 20 years from now. Mr. Lee reviewed further detailed information relating to the Major Grouping of Project Activities; Examples of Activities and Decisions for Each Major Category; Alternative Management Approaches; Alternative Construction Delivery Methods; and Plan for Long Term Operating and Maintenance Cost, as outlined in the presentation.

            Mr. Carter explained that the next step will be to apply, in five year increments, the capital costs, the operational costs, and the maintenance objectives. In response to Commr. Pool’s question about whether they had a square foot figure today that they could plug in as an estimate, Mr. Carter responded that they do not have one at this time, but it will be in the range of what they are looking at building, as shown in the information, but they will have a figure, once they complete their study.

            Commr. Hill asked that the Commissioners be provided with a hard copy of the presentation made today.


            At 10:07 a.m., Commr. Hill announced that the Board will take a 15 minute recess, to allow the next speaker to set up for his presentation.

            PUBLIC HEARING -




            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-67, if approved by the Board:



            Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, stated that staff is recommending approval of their changes, as shown in the backup. Mr. Welstead stated that the Wekiva legislation that has been added and has certainly influenced the discussions in the Mt. Plymouth-Sorrento area. At this time, he turned the presentation over to Mr. Keith Schue.

            Commr. Hill questioned whether this document had gone through the Lake County Local Planning Agency (LPA), and Mr. Sandy Minkoff, County Attorney, stated that it has and their suggested changes have been incorporated into the Staff Recommended Changes, as shown.

            Commr. Hanson stated that this was started several years ago when the County did the Mount Plymouth-Sorrento Small Area Study, to look at the growing needs and urbanization of that area. She felt there were some positive recommendations by that study committee, even though the recommendation for roads was not approved. The discussion about the roads and the bypass actually around Mount Plymouth and Sorrento, and the idea of not going through the community where CR 46 is currently located, was one of the major points brought forth by this committee, and then there was the Wekiva Study. She felt it was very appropriate to have this Ordinance move forward and she appreciates those who worked on the study committee. She stated that she and Mr. Schue have worked very closely with his recommended changes, and she agrees with them. She had asked him to come today and make his presentation.

            Mr. Keith Schue stated that he has been an advocate on Wekiva Basin issues, with human environmental organizations, first the Wekiva River, and with the Sierra Club, and he is also a resident of the Mount Plymouth-Sorrento community, and he has also had the privilege of sitting on the Lake County Local Planning Agency (LPA). Mr. Schue stated that, over the past several weeks, he has had the opportunity to discuss the creation of this new Mt. Plymouth-Sorrento Planning Advisory Committee (Advisory Committee) with Commr. Hanson, and they both whole heartily agree that, as they plan for this area, they need to be putting their best foot forward. He has put together a presentation, and the Board has before them an Ordinance with amendments that he and Commr. Hanson have discussed, which he believes properly positions the Advisory Committee to build upon the good work that has happened at the local level, as well as the work regionally with the Wekiva River Basin Coordinating Committee. Mr. Schue referred to the Wekiva Study Area map, as defined by the Wekiva River Basin Coordinating Committee, and pointed out the Mt. Plymouth-Sorrento area; the public lands that have already been purchased by the State for preservation; the generalized urban service area of Mount Dora and Eustis; the Wekiva Protection Area that has policies associated with it; Orange County that has its own jurisdiction; and the recommendations from the Wekiva River Basin Coordinating Committee. Mr. Schue explained that the original Advisory Committee started with the Future Land Use Map definition of the urban compact node, and they talked about how to define their community and maintain that small town charm, and they spent a tremendous amount of time talking about SR 46, and a desire to keep it two lanes, if possible. Mr. Schue presented detailed information that was defined in the Miller, Sellen, Conner and Walsh Framework Study, which was presented to the Board in 2003, and he pointed out that, from the west side, there is an area of interest that really extends past Sorrento up to Round Lake Road, and he feels this is an area that is going to need some significant attention in the near future. Since that time, the new Wekiva River Basin Coordinating Committee was appointed and basically the Governor recognized that, if they were going to protect the Wekiva River Basin for future generations, then they need to come together as a region and look at all of the issues. Under the leadership of Senator Lee Constantine, the Coordinating Committee came to consensus, and they reached 17 recommendations. They also identified four specific parcels of property that should be acquired for preservation as part of this entire packet of protections. One of those properties actually overlaps into the Mt. Plymouth-Sorrento Framework Study Area. Even though there are things that possibly have a negative effect on furthering development potential of some of these important lands that the State should be buying, Lake County has been the leader in achieving passage of the Wekiva Parkway and Protection Act. He stated that the last thing they want to do is to take any action that could have the effect, or even create the perception of having the effect of enhancing or promoting the development prospects of these lands that the State has placed highest priority on for preservation/acquisition. The State is going to begin the appraisal process, and it relates to these properties, as shown, and Mr. Schue believes that it is critically important that they send a clear message that Lake County intends to do its part to uphold, not to undermine knowingly, or unknowingly, the purpose of the Wekiva Parkway and Protection Act. He is suggesting that they take the Framework Study Area and recognize that things changed with the passage of the Wekiva Parkway and Protection Act, and that they less out those lands that are within the Wekiva/Ocala acquisition boundary, those lands that have been identified specifically for preservation, such as Neighborhood Lakes, lessing out lands that the State has already bought and a little piece of property on the northern part of the study area, which the State is actively working in negotiations to acquire as well. Then they are left with a planning area, and they need to plan for that responsibly and, at the same time, recognizing and encouraging the State to do what it can to buy those lands that have been identified for preservation.

            Mr. Schue stated that recently the Board had approved a joint planning agreement (JPA) with the City of Mount Dora, and it affirms a shared commitment to carry out the provisions of the Wekiva Parkway and Protection Act, and it spells out some of the key concepts that both the City and the County hope to achieve within that area that represents the boundary of Mt. Plymouth-Sorrento and Mount Dora. He thinks that one of the key principles is employment. A principle tenant of smart growth is that you provide a way for people to live near where they work, and there has been discussion about a professional employment center. When the Board looked at the JPA document last week, in that document there was a provision for promoting a professional employment center. Mr. Schue stated that it makes sense, from a smart growth standpoint, to provided a place for people to live that is near where they work, and it also recognizes a distinctive difference between the two communities. It also provides a useful change in the landscape, and it allows for that distinctive character of the Mt. Plymouth-Sorrento community to be recognized. He has a lot of hope for the Advisory Committee and, when they are talking about professional employment areas, potentially office areas, they have to be very careful about the surrounding community and make sure that they do not negatively infringe upon the established communities in the area. He stated that Wolfe Branch Road is one of those established communities that has a very attractive landscape, and he believes there is a quality of life there that people want to hold onto and, if they structure the definition of the employment center, then they will have the opportunity to provide for those employee needs and recognize the integrity of the neighboring communities. He also hopes that the Advisory Committee addresses parks and recreation, because there are lands in the JPA that are environmentally sensitive, and he believes that there is a real opportunity for the County and City to work together toward creating some park land and integrating that with the trail system.

            Commr. Hill stated that Mr. Schue gives a compelling report for this Advisory Committee to be formed, and it is similar to the Sunnyside Task Force that was facilitated by the City of Leesburg.

            In regards to Neighborhood Lakes, Commr. Cadwell wanted to know if they were afraid that, if they left it in with the other land, even with the idea that the County stands firm and believes that this parcel should be part of what was said to be in the protection area, there will pressure to do something else on it, and he asked someone to explain the logic for taking it out.

            Mr. Schue responded that the idea basically is that they need to find an area that they know will develop and grow in some fashion, and it makes sense to recognize the things that did change with the passage of the Wekiva Parkway and Protection Act. He acknowledged that the intent of the legislation is to allow planned growth in this area, and they are not including it in there, because there is going to be no growth there, and they have clear mandate in the legislation before them.

            Commr. Hanson stated that, if the State buys Neighborhood Lakes, and she is assuming that the State will buy it, by the indication of the mandate and, because there was no push in the Wekiva legislation to take away property rights, it will still have the grandfather rights that go with the property, no matter if it is included, or not included in the planning area and, if the State does not buy all of it, she believes that the Advisory Committee will decide what to do, and then the Ordinance can be amended. She does not feel having it outside will necessarily have a negative affect on the value of the property, but it does give the perception that it is not going to have additional growth, or density rights.

            Mr. Schue explained that it actually allows the Advisory Committee to focus on those areas that they know will develop in some way, and to move forward on looking at those issues. He reiterated that the JPA area is right around the corner, and he feels there is some work to be done there.

            Commr. Hanson stated that she is assuming that the Advisory Committee would work with the East Central Florida Regional Planning Council (ECFRPC), who also did a lot of work, and they have some where around $800,000 for parks in the area, so the timing could be very good. They do need to look at one critical area, utilities, and water and sewer. She stated that about three or four years ago, Hartman & Hartman completed a study, and the County needs to at least look at the opportunity of providing those utilities, whether they do it in cooperation with the City of Eustis, or Mount Dora, or Apopka, because one of those cities is going to provide utilities for that area, and there is an opportunity for the County to receive some revenue. Commr. Hanson stated that there was one change that she would like to see made to the Ordinance. In looking at the list of individuals that had applied to be on the Advisory Committee (Tab 18), she would rather see 11 members rather than nine, with five members serving a two year term, and six members serving a four year term.

            Commr. Hill stated that she tends to agree with Commr. Hanson, because she did not notice that there was a specific seat named for the Mount Dora JPA, and she wanted to know if it incorporates the Eustis JPA.

            Mr. Schue clarified that he did not believe there was a Eustis JPA yet, but it was his understanding that it would be north of SR 44.

            In response to Commr. Cadwell’s question about the residency of the members, Mr. Minkoff referred to Page 3, Lines 12 and 13, for clarification, and stated that the members shall be residents of the County living within the Mt. Plymouth-Sorrento Study Area, as described in this Ordinance, so they would have to live inside the area of the map. He further clarified that the study area includes that portion of the JPA for Mount Dora.

            Commr. Cadwell stated that this has been a long process and several times it seemed that it was going to lose focus and Commr. Hanson and Mr. Schue have worked hard to make sure that did not happen. He wanted to thank both of them for their work.

            Commr. Hanson stated that she appreciated the Board’s support.

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

            Mr. Bill Cole addressed the Board and stated that he is one of the owners of the Neighborhood Lakes property. Mr. Cole stated that they believe the study group did a terrific job, and it certainly opens the door to do something special in this area, and they think it should continue. He stated that, along with this piece of property, they have interest in others, and last time the study group exhausted a tremendous amount of time on road issues, which unfortunately was one of the things that they had no control over. He stated that this time they are going to deal with land issues for the study area. He stated that they have their entitlements and the ability to move forward with what they have today, and they have no control over whether they get bought by the State. Mr. Cole stated that they have no objection to having their property removed from the study area, because he thinks that it would just confuse the process, and it would be for the good of the other properties. He has spent a lot of time in the study area, and the Department of Community Affairs (DCA) has selected him to be involved in the review of land development regulations in sensitive areas. He believes they are better off not being included and that it will allow the committee to focus on the issues.

            Commr. Hill called for further public comment. There being none, the public hearing portion of the meeting was closed.

            Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve Ordinance 2004-67, as read by title only, with the changes, as noted.

            Under discussion, Commr. Hanson stated that the Ordinance does provide for a Commissioner to serve as liaison, and she also looked at whether Mr. Schue would like to serve as liaison, since he sits on the Local Planning Agency (LPA), but he had indicated to her that he would probably not to be on the committee, but be a resource to it, and be very active.

            Mr. Schue commented that, since he is serving on the LPA, it would probably be appropriate for him not to be specifically be on this committee. It was clarified that any recommendations from the Advisory Committee will come through the LPA before they come to the Board.

            Commr. Hill called for a vote on the motion, which was carried unanimously by a 4-0 vote.

            Commr. Hanson extended her appreciation to Commr. Cadwell for his work in Tallahassee on this issue.


            Chris D. Anthony - Request for Exemption from Solid Waste Collection Fee

            Mr. Chris D. Anthony addressed the Board and stated that he lives in the Montverde area, on Smith Island, which is in Lake Apopka, and he is here today seeking an exemption from the solid waste collection fee. Mr. Anthony explained that he has been working with the solid waste staff for two years about a notice that he received from the County indicating that, if you live in an inaccessible, or remote location, you would get an exemption. He felt that, since he travels by boat and lives about three-quarters of a mile from land, and about a mile and a half from any roads, he would qualify for that exemption. Last year staff told him that he could take his garbage to the city road, and it would have to be there by 6 a.m., but he explained that he has less than a bag of garbage a week and, since he raises buffalo, he gives the food to them, or the dogs, and the rest of it he takes to his business in Ocoee, which has dumpster service. He has never used County services, and he has lived here for ten years. He contacted his Commissioner and left messages, but he never received a call back, so he contacted the solid waste staff again, and he was told the same thing. He asked for a letter, but he has yet to receive one. He noted that the closest city road to him is Kirkland Avenue.

            Mr. Bill Neron, County Manager, asked that he be given an opportunity to work with the gentleman, since this is the first time that he has heard of this situation.

            Travis Whigham - Flooding Problems/Counseling Services

            Mr. Travis Whigham stated that he wanted to extend his appreciation to Commr. Pool for being present at their community meeting this past week, and he will be inviting every Commissioner in Lake County to their meetings, so that the residents can learn more about County government and how they can possibly improve their area.

            Mr. Whigham discussed the possibility of the County purchasing one of his neighbor’s house and property and turning it into a retention pond, which he felt would help alleviate the flooding problems in this neighborhood. He noted that, since FEMA is already providing financial assistance to this individual, he felt that they could get help from the Water Authority, and the St. Johns River Water Management District (SJRWMD), in determining how to disburse this water and, if they all worked together to purchase this land, it could possibly be a very small price tag, whereas, if they wait until later, and somebody else purchases the property during the dry season, the land value will probably change. Also he felt that the County should provide some type of counseling services to help families, because this family has separated due to stress involved with their losses from the storms.

            Jean Etter - EOC Staff/Hurricanes

            Ms. Jean Etter extended her appreciation to the staff of the Emergency Operations Center (EOC) for their efforts during the storms noting that there were a lot of improvements made between hurricanes, in terms of communication between the public, volunteers, and staff members.

            OTHER BUSINESS


            Mr. Bill Neron, County Manager, stated that the Board has the holiday calendars for November and December, with the zoning and road vacation meetings scheduled the same week as the holidays. If the Board follows past practices, these meetings are usually moved to the third meeting of the month, which would be November 16, 2004, and December 21, 2004.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the changes to the November and December calendars, to move the road vacation and zoning hearings to the third meeting of each month, as noted.




            Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve the appointment of individuals to the Mt. Plymouth-Sorrento Planning Advisory Committee, as follows: 4-year terms - Tim Bailey, Minnie Bollar, Betty Ann Christian, Jeanne Etter, Tommy Hight, and Dr. Ronald Holman; and 2-year terms - Sid Caruthers, Priscilla Bernardo Drugge, G. Curtis Duffield, Scott Taylor, and Reginald Tisdale.

            Under discussion, Commr. Cadwell stated that the Chairman usually makes liaison appointments, and the Board ratifies them and, even though the Chairman is not here today, he did not believe there would be any assumption that anybody would be the liaison other than Commr. Hanson, and he asked that her appointment be included in the motion.

            Commr. Hanson included her appointment has liaison in her motion, with Commr. Cadwell seconding the motion.

            Commr. Hill called for a vote on the motion, which was carried unanimously by a 4-0 vote.



            Mr. Sandy Minkoff, County Attorney, explained that this is a request to have three parcels of property declared surplus and, with authorization, the property will be sold. He explained that the first one is a lot in the City of Mount Dora, which is 45'x140'. The Property Appraiser’s Office shows a value of $1,746.00 but staff thinks the County will get more for it, when it is sold. The second piece is located in Bassville park, a three acre parcel that is 105'x1320' and has a lot of wetlands. The Property Appraiser’s Office shows a value of $39,510.00. The third one is a one acre tax deed parcel in Lake Mack, and the Property Appraiser’s Office shows a value of $4,000.00. Mr. Minkoff stated that staff would like to combine all three parcels with the previous parcels and have one large bid and try to sell them. He reported that, upon a request to sell a 12' piece in Mount Dora, the parcel was sold, but unfortunately it was sold to someone else, but they did receive $10,000 and have transferred the property and received the money.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request from County Attorney to approve the declaration of the following County owned property as surplus for the purpose of disposal: Alternate Key Number 1475171 in the City of Mount Dora, Alternate Key Number 1387264 acquired through a code enforcement foreclosure, and Alternate Key Number 1015901 on Forest View Road in the Lake Mack area.


            Mr. Sandy Minkoff, County Attorney, explained the request pertaining to the School Impact Fee Agreement between Lake County and CHPC Leesburg Silver Pointe, Ltd., noting that this is a rental senior project, and it has federal funding. The agreement is similar to what they would see in a restrictive covenant but, because it is rental, it is actually an agreement with the Board. It provides that, if they should ever change the use, they will pay the current school impact fees at the current rates, and staff is recommending approval.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request from County Attorney for approval of School Impact Fee Agreement between Lake County and CHPC Leesburg Silver Pointe, Ltd. providing for an exemption of school impact fees for housing for older persons where no person under 18 years of age resides within any dwelling unit in the development as a permanent resident.


            Mr. Sandy Minkoff, County Attorney, stated that he had added the item pertaining to the extension for five years of the lease for the Tax Collector, for his office in Lady Lake, The Villages. Each year the rent increases by CPI, so there is really not a huge rent increase. The Tax Collector negotiated the amount, and he thinks this is a very successful office and is recommending approval.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Boar approved the extension of the lease for the Tax Collector for five years, for his office in Lady Lake, The Villages.


            Mr. Sandy Minkoff, County Attorney, stated that he had added a request for a closed session to discuss a case, among others, Wright vs. Lake County, which is a road closing case, on October 19, 2004, at 10 a.m.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for a closed session, on October 19, 2004, at 10 a.m., as noted.



            Ms. Cindy Hall, Assistant County Manager, addressed the Board to discuss the informational brochure to be sent to Lake County households regarding the environmental land referendum on November 2, 2004. Ms. Hall stated that she distributed copies of what staff is proposing to send to citizens, which is an 11 x 5 1/2 inch glossy post card, to be sent to about 90,000 residences with registered voters. The cost will be about $25,500 but the final quote was $27,000. The information on the card has been taken from various resolutions that the Board has passed previously related to the Natural Lands Program. Their intent is to mail this out the week of October 18th. Staff will need to come back with a budget amendment to take the funding from reserves.

            In response to Commr. Cadwell’s question as to whether this request meets their qualifications for informational data, Mr. Sandy Minkoff, County Attorney, stated that it meets the Supreme Court rules, that it is really not partisan, and it states information about the vote.

            Ms. Hall explained that she has been working with Ms. Terry Godts, a member of the Public Lands Acquisition Advisory Committee (PLAAC), who has been giving her information about other brochures.

            Commr. Hanson stated that the PLAAC and the Trust for Public Land are working together on this issue, but not under the County Commission, and this was an education piece similar to the one that the Board did for the penny sales tax. The Board had talked about it and agreed to do something similar as long as it was educational on the County’s part.

            Ms. Hall clarified that there was Board direction to design a brochure that would be informational in nature to go out to the residents in the County.

            Commr. Hill commented that she has not seen anything from the PLAAC, or anyone else, and Commr. Hanson indicated that she has seen their brochure, which was more promotional, and she has asked Ms. Hall to get copies of it for them.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 3-1 vote, the Board approved the request for approval of the informational brochure to be sent to Lake County households regarding the environmental land referendum on November 2, 2004.

            Commr. Hill voted “no”.

            ADDENDUM NO. 1 -



            Mr. Bill Neron, County Manager, informed the Board that Mr. Fletcher Smith, Director of Community Services, was contacted by Mr. Roger Amon, Director of the Lake County Health Department, and, in preparing the proposed budget for next fiscal year, the State Department of Health is proposing a line item funding of $7.2 million dollars for a new Lake County Health Department facility, and that request will be going to the Governor. As part of the process, the County has to agree to provide up to five acres of land for the project, and staff needs Board commitment to do so. Staff will be working with the space study consultants, and they are looking at some County owned land near the Astatula landfill by the park. Mr. Neron requested Board approval to endorse the request and commit to providing land for the facility, if it makes it through the budget process.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request from Community Services for Board approval to endorse the request to allocate a minimum of five acres of County owned property to be used to construct a new Lake County Health Department facility.





            Mr. Bill Neron, County Manager, addressed the request for direction from the Board regarding payments to the Florida Department of Juvenile Justice (DJJ). During the last legislative session, the State passed an unfunded mandate of almost $90 million statewide passing on certain DJJ costs to local governments. Mr. Neron stated that Lake County has joined with several other counties to file a lawsuit on that matter. Last week the County received an invoice for $70,922 for the October billing. There was a hearing in Tallahassee on September 30, 2004 regarding the lawsuit, and they hope to have a final ruling on the case within the next 30 days. The Florida Association of Counties (FAC) has suggested to counties involved in the lawsuit, and other counties, that they withhold the October payment, until the results of the court case are resolved, hopefully, within the next 30 days. Staff is requesting Board concurrence that they withhold that payment, based on the recommendation of the FAC.

            Commr. Cadwell stated that he met with Mr. Sandy Minkoff, County Attorney, on this matter, and he is comfortable with the direction that has been brought forward today.

            Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve to withhold the payments to the Florida Department of Juvenile Justice (DJJ), as suggested by the Florida Association of Counties (FAC).

            Under discussion, Mr. Minkoff explained that the money has been budgeted as they were directed, so there really is no liability to them, and no risk in not making the payment at this time.

            Commr. Hill called for a vote on the motion, which was carried unanimously by a 4-0 vote.



            Commr. Hill presented the item under Commr. Stivender’s business pertaining to Lake County Water Day, with Commr. Hanson noting that this is the second year in a row that the Board has done this and Ms. Mary Reemer is here today. It was noted that the document will be presented at another meeting.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2004-167 proclaiming November 22, 2004 as Lake County Water Day.


            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2004-168 proclaiming the month of November 2004 as Epilepsy Awareness Month in Lake County.


            LAKE MACK

            Commr. Cadwell noted that he had placed on the agenda the item pertaining to the Lake Mack fire station, for Board action.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved to direct the County Attorney to prepare an agreement with the Lake Mack Community Association for use of their firehouse in the Lake Mack area.



            Commr. Hanson stated that the Mid-Florida Area Agency on Aging meets in Gainesville quarterly, and she sits on that board, but they need more volunteers. She will copy the information for the Board members.


            Commr. Hanson informed the Board that the folks in Mount Plymouth had wanted to have Halloween in the Park, but they were not allowed to do that because they did not have the insurance, and they did not want to pay for it, for risk management. She felt that there would be a way that the County could work with folks who may not have the insurance. She questioned whether there would be any way that staff could look at this request, as well as others, to see if they could help them.

            Mr. Bill Neron, County Manager, explained that he checked with the County Attorney’s Office, when he received the request, and he found that the County Manager has no ability to waive the insurance requirement. The process involves an application form, and it has the ability to waive it, in certain instances but, after consulting with the County Attorney’s Office, it was determined that he did not have the ability to waive the requirement for insurance.

            Commr. Hanson stated that she would like the County Attorney to evaluate the request, because of the time frame involved.

            Commr. Cadwell stated that, if there is some way that they can legally do meet the request to waive the requirement, the Board may want to give staff the permission to do so.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request from Mount Plymouth, and to waive the insurance requirements for a Halloween in the Park event, subject to review by the County Attorney.


            Commr. Hanson informed the Board that she has received the notice from Haven for the Domestic Violence Awareness Luncheon, Thursday, October 28, 2004, at the Savannah Center, The Villages, 11:30 a.m. - 1:00 p.m..


            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:25 a.m.






                                                                                    DEBBIE STIVENDER, CHAIRMAN