JUNE 21, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, June 21, 2005, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Debbie Stivender; Welton G. Cadwell; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, Interim County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.


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


            Commr. Hill recognized Chris Bell, City Manager of Fruitland Park, who was present in the audience.


            Commr. Hill noted that the Board will be having a reception for Cindy Hall, the new County Manager, which will take place very shortly.  She asked Ms. Hall if she had any family members present that she would like to introduce at this time.

            Ms. Hall stated that she would like to introduce her daughter, Ms. Kristy Dennis, and her daughter, Abigail, who are here from Zephyrhills, Pasco County.


            Commr. Cadwell stated that, before the Board recesses for the reception and, since he will not be present for the rest of the meeting because he will attending the Florida Association of Counties (FAC) conference, he wanted them to know that some of the cities throughout the State, and now in Lake County, are looking at zoning rules in regards to sexual predators.  He would hope that they would wait and let the County Attorney, and the city attorneys, discuss the issue before they go through the process, because he feels that some of the laws that have already been passed are not going to stand up in court.  He stated that they need to protect the citizens in the unincorporated area, as well as the cities, because it is a countywide issue.  He thinks there is a lot more to this issue than the individual cities saying that they are going to zone them out of their cities.  He was suggesting that the County Attorney and city attorneys work through this issue.  He noted that this issue is not on the agenda for the FAC meeting.

            It was the consensus of the Board to proceed in the direction suggested by Commr. Cadwell.


            At 9:05 a.m., it was noted that Commr. Cadwell left the meeting to attend the Florida Association of Counties (FAC) conference.


            At 9:05 a.m., Commr. Hill stated that the Board will adjourn briefly, for the reception in the rotunda for the new County Manager, Cindy Hall, and reconvene at 9:30 a.m.

            AGENDA UPDATE

            Ms. Cindy Hall, County Manager, noted that the Board has Addendum No. 1 with a couple of items, as noted.  Ms. Hall also wanted to note a correction to Tab 3, Item 4, as follows:  the firewall amount should reflect the amount of $4,386.00.

            Mr. Sandy Minkoff, County Attorney, stated that, under his business, he wanted to report that there was mediation last week in the case of Stevenot vs. Lake County, which is the Florida Rock case, and he would like to bring that up for discussion and let the Board know what occurred; no action will be taken by the Board today.


            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Minutes of May 20, 2005, Special Meeting, Budget Retreat, as presented.


            Ms. Barbara Lehman, Chief Deputy, County Finance, requested that Tab 7, Satisfaction of Judgment, State of Florida vs. Donald Owen Nuzum, be pulled from the Clerk’s Consent Agenda, to be brought back at a later date.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the following Clerk of Court’s Consent Agenda, Items 1 through 8, pulling Tab 7, as noted:

            Contractor Bonds

Request to approve the following Contractor Bonds:




6022-05           Alvin Barnett dba Barnett Construction, Inc. (Duplicate)

6106-05           Charles N. Hemsley dba REW Landscape Corporation

6381-05           Robert Potter dba RW Potter Construction, Inc.

6382-05           Stephen V. Flickinger dba C & S Electrical Services, Inc.

6383-05           Design & Development Enterprises, Inc. dba Clermont Security &Sound, Andrea Thompson

6384-05           Stanley Etayo dba Stan’s Plumbing Services, Inc.

6385-05           Frankie D. Colburn dba Franky’s Electric, Inc.

6386-05           Ricky Ridenhour dba Ridenhour Concrete & Supply, Inc.

6387-05           Don Galbreath dba Site-Crete Construction, Inc. (Concrete, Construction & Landscape.




6388-05           Change bond number from OFL551772 to OFL551771 and Change name of the principal to: Arto Enterprises Inc dba Tod Orazi Heating & Cooling


            List of Warrants


            Request to acknowledge receipt of the 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.

Ordinances – Mascotte


Request to acknowledge receipt of the following:


            Notice of Taxing Authority – Pursuant to Section 163.346, Florida Statutes, the Mascotte City Council gives its notice to adopt a resolution approving and adopting a community redevelopment plan for the community redevelopment agency created by Resolution No. 2005-03-350 adopted on April 11, 2005, and the community redevelopment area described in Resolution No. 2005-03-349 adopted on February 11, 2005.  The public hearing will be held on June 13, 2005, beginning at 6:30 p.m., or as soon thereafter, at the Mascotte Civic Center, Mascotte, Florida.


            Notice to Taxing Authorities – Pursuant to Section 163.346, Florida Statutes, the Mascotte City Council gives its notice to adopt an ordinance pursuant to Section 163.387(1), Florida Statutes, creating and establishing a redevelopment trust fund for the community redevelopment agency created by Resolution No. 2005-03-350 adopted on April 11, 2005, and the community redevelopment area as described in Resolution No. 2005-06-352 adopted June 13, 2005, and providing for the funding of such trust fund.  The public hearing will be held on June 27, 2005, beginning at 6:30 p.m., or as soon thereafter as possible, at the Mascotte Civic Center in Mascotte, Florida.


            Florida Public Service Commission


            Request to acknowledge receipt - Before the Florida Public Service Commission – Notice of Commission Hearing and Prehearing to KMC Telecom III LLC, KMC Telecom V, Inc., KMC Data LLC, Sprint-Florida, Incorporated and All Other Interested Persons – Docket No. 041144-TP – Complaint Against KMC Telecom III LLC, KMC Telecom V, Inc., and KMC Data LLC for Alleged Failure to pay Intrastate Access Charges Pursuant to Its Interconnection Agreement and Sprints Tariffs and for Alleged Violation of Section 364.16(3)(A), F.S., by Sprint-Florida, Incorporated – Public Hearing will be held July 12, 2005, as noted; Prehearing Conference will be held June 20, 2005, as noted.


            Ordinance - Mascotte


            Request to acknowledge receipt from the City of Mascotte – Ordinance No. 2005-05-381 Annexing Certain Real Property into the City of Mascotte Upon the Voluntary Petition of the Owner Filed by Lynn Giddens, as described; and by Lisa Anne Gonzalez Estate (Nicole Booth and Christopher A. Gonzalez, a Minor), as described.


            City of Clermont/Comprehensive Annual Financial Report


            Request to acknowledge receipt – a copy of the City of Clermont’s Comprehensive Annual Financial Report for the fiscal year ended September 30, 2004, in accordance with Section 163.387(8) of the Florida Statutes regarding Redevelopment Trust Funds.


            Deer Island Community Development District


            Request to acknowledge receipt of the proposed Operating Budget for Fiscal Year 2006, for the Deer Island Community Development District, in accordance with Chapter 190.008(2)(b) of the Florida Statutes.



            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 17, with the correction to Tab 3, Item 4, as noted, and Addendum No. 1, Item I.A.1., as follows:

            Budget Transfer – Road Repair and Maintenance

            Request from Budget for a budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $100,000.00 from Road Repair and Maintenance to Road Materials and Supplies. Additional material (such as limerock, asphalt emulsion, rock and sod) has been used this year for road repairs. Additional funds needed for the remainder of the year. Funds available in Road Repair and Maintenance. One budgeted drainage improvement project (Montclair Subdivision $100,000.00) qualifies for the use of stormwater funds, leaving funds available for this transfer.


            Budget Transfer/Road Operations/Professional Services


            Request from Budget for a budget transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $40,000.00 from Contractual Services to Professional Services. Additional funds are needed for engineering consulting services related to surveying, drainage, and geotechnical repairs or improvements. Funds available in Contractual Services, which will leave a remaining balance after this transfer of $123,105.00.


            Budget Transfer/Special Services Division/Sidewalk Project


            Request from Budget for a budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works, Special Services Division. Transfer $38,550.00 from Resurfacing to Sidewalks. The Sidewalks account has a balance of $439,900.00. The South Lake Trail project is budgeted at $401,155.00, leaving a balance of $38,745.00. The CR-48 sidewalk project requires $77,295.00 to complete with additional LAP funding. Additional funds of $38,550.00 are needed to complete the project. Funds available in Resurfacing account, which has a balance of $1,116,722.00.


            Budget Transfer/Information Technology


            Request from Budget - Capital Substitution – General Fund, Office of Information Technology. Substitute funds of $34,854.00 within Machinery and Equipment. Funds needed for disk array ($21,548.00 – to backup data) and a laptop computer ($2,523.00 – configure with server images). Funds are also needed for a firewall ($4,386.00), firewall appliance ($5,015.00), and server for secure gateway firewall ($1,382.00) for new fiber connectivity and network configuration. Funds available in Machinery and Equipment from funds budgeted for network gateway security appliance.


            Budget/Resolution/Assessment Roll/Fire and Rescue


            Request from Budget for approval and authorization to execute Resolution 2005-95 which initiates the annual process for preparation of the Assessment Roll, authorizes the publication of the advertisement for the public hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of Fire and Rescue Assessment fees for the Fiscal Year beginning October 1, 2005.     


            City of Leesburg/Library/Interlocal Agreement/Budget Transfer


            Request from Community Services for approval to grant the City of Leesburg $500,000.00 from the Library Impact Fee Fund for the Leesburg Public Library construction project, as recommended by the Lake County Library Advisory Board, and approval and signature of an accompanying Interlocal Agreement for payment of the funds to the City, pending County Attorney approval; and approval of related budget transfer from Reserves in the amount of $500,000.00.


            County Library System


            Request from Community Services for approval to subscribe to online reference databases through Thomas/Gale for the Lake County Library System. Fiscal Impact noted:  $49,820


            Byrne Grant Funds/Community Services


            Request from Community Services for approval of distribution of Byrne grant funds among seven local jurisdictions; signature on seven original letters of support; approval for submission of applications for the Sheriff for School Resource Officer III and Technology Improvement Program I; and signature on grant documents including application, certificate of acceptance, EEO certifications, and subsequent grant related documents (contingent on County Attorney review and approval).


            Grant/Drug Free Communities/FDLE


            Request from Community Services for approval to submit Drug Free Communities grant application, made available through the Florida Department of Law Enforcement, in the amount of $45,000.00, contingent upon County Attorney review.


            Purchase and Sales Agreement/Commerce Park/RealVest Development, LLC


            Request from Economic Development for approval and execution of a Real Estate Purchase and Sales Agreement between Lake County and RealVest Development, LLC for the Purchase of Lot 3 and a portion of Lot 4, Phase I, Christopher C. Ford Commerce Park consisting of approximately 23 acres at $50,000.00 per acre or approximately $1,150,000.00.


            Assessment Resolution/Solid Waste


            Request from Environmental Services for approval and authorization of the Initial Assessment Resolution 2005-96 for Collection, Management, and Disposal of Solid Waste and Recovered Materials for Fiscal Year 2005-2006 and each fiscal year thereafter until discontinued or changed.


            Fishing Pier/Lake Idamere/Bids/Schippers Marine Construction, Inc./Budget Transfer


            Request from Procurement Services for approval to award the contract for Construction of a Fishing Pier at Lake Idamere to Schippers Marine Construction, Inc. in accordance with Bid Number 05-022 at a cost of $77,112.00; and also approval of a Budget Transfer in the amount of $52,500.00.


            Returned Funds for Maintenance/Sugarloaf Meadows


            Request from Public Works for approval and authorization to return funds for maintenance in the amount of $10,682.00 posted for Sugarloaf Meadows. Sugarloaf Meadows consists of 10 lots – Commission District 3.


            Letter of Credit/Bridges Glen


            Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $13,200.00 posted for Bridges Glen. Bridges Glen consists of 15 lots – Commission District 3.


            Final Plat/Harbor Hills Phase 4


            Request from Public Works for approval and authorization to accept the final plat for Harbor Hills Phase 4 and all areas dedicated to the public as shown on the Harbor Hills Phase 4 plat. Harbor Hills Phase 4 consists of nine lots – Commission District 5.


            Interlocal Agreement/City of Mount Dora/Traffic Signal Maintenance


            Request from Public Works for approval to enter into an Interlocal Agreement between the City of Mount Dora and Lake County for traffic signal maintenance.  Fiscal Impact noted:  $4,917.27

            Tentative Work Plan Budget/Arthropod Control


            Request from Public Works for approval and signatures on the Tentative Work Plan Budget for Arthropod Control for Fiscal Year 2005-2006.  Fiscal Impact noted:  $38,025


            Performance Bond/Maintenance Bond/Developer’s Agreement/FL Land Partners, LLC

            Resolution/Lakewood Ranches


            Request from Public Works for approval and authorization to release a Performance Bond in the amount of $273,108.00; release a Performance Bond in the amount of $3,581,361.85; accept a Maintenance Bond in the amount of $362,554.65; execute a Developer's Agreement for Maintenance of Improvements between Lake County and FL Land Partners, LLC; and execute Resolution 2005-97 accepting the following roads into the County Road Maintenance System: Green Forest Drive (County Road Number 5586), Deep Springs Loop (County Road Number 5586A), Wagonwheel Court (County Road Number 5586B), Green Gardens Court (County Road Number 5786), Greenwood Crossings (County Road Number 5885), Ridge Link Road (County Road Number 5986), Panther Ridge Road (County Road Number 5984B), High Pines Drive (County Road Number 6086), Pinegate Trail (County Road Number 6086A), and Totem Pole Terrace (County Road Number 6087A) all relating to Lakewood Ranches. Lakewood Ranches consists of 149 lots – Commission District 5.


            ADDENDUM NO. 1


            Advertise Changes to Positions/Florida Retirement System


            Request from Employee Services for approval to advertise changes to the positions designated by Lake County for inclusion in the Florida Retirement System (FRS) Senior Management Service Class.  This is being recommended as a result of re-assignments and title changes occurring in the past 18 months.  Provisions contained in Chapter 121 of the Florida Statutes and Chapter 60S of the Florida Administrative Code require newspaper notice and elected body approval of any deletions from and/or additions to the list of employees in the FRS Senior Management Service Class.



            Commr. Hill introduced Judge Donna Miller who was present in the audience and stated that the Board appreciates her being here today.



            Ms. Teresa Watkins, University of Florida/IFAS, Institute of Food and Agricultural Sciences, the Florida Yards & Neighborhoods Program, appeared before the Board to give a brief overview of what she has been doing in the last two years with The Florida Yards & Neighborhoods Program, which educates homeowners on the nine principles of landscaping that require water conservation, and storm water runoff issues. The purpose of the program is to help resolve nitrate and phosphorus pollution and conserve water.  The cities and utilities that sponsor her program do this under the auspicious of their permitting; they are required to environmentally educate their consumers on storm water runoff and water conservation for the National Pollutant Discharge Elimination Systems (NPDES) permits, and their consumptive use permits.  There is some misconception about Florida-friendly landscaping and hopefully today and, with encouragement through the Board, they can understand this better.  There are also misconceptions of Xeriscaping, using rocks and cactuses and not having grass and using all natives, which is not really applicable here in the State of Florida, because of the sub-tropical temperatures, and the amount of rain they get here.  They should be able to use whatever type of plantings they want but also be good stewards of the environment, so they require of the developers, with green development in mind, that they have a low impact on the environment, and that they have good choices for homeowners, so that they give them alternatives, and the equipment they need to have Florida-friendly landscapes.  Ms. Watkins stated that her biggest concern is that rain sensors are not being enforced.  It has been a State Statute, since 1991, that rain sensors be put on all automatic irrigation systems.  From June to August, 2004, they had close to 30 inches of rain throughout Lake County; close to 40 inches over the entire Central Florida area.  In that time, they used the same amount of water as they did during the droughts even with the rainfall, and that is not being good stewards.  If they could just enforce what they have on the books, they could conserve water very easily.  She noted that micro-gurgitation should be encouraged and that the best and most expensive sprinkler systems out there are only about 50% efficient because they are overhead sprinkler systems.  If they could encourage the use of more micro-jet irrigation systems, which are 90% efficient, and the use of garden bed areas, the homeowner would be able to have lower water bills; the developers would be able to have a reasonable product to sell; and they would be able to conserve water.  The storm water runoff issues need to be dealt with through education, and the Florida Yards & Neighborhoods Program, over the last five years, through surveys, have shown a 70% increase in environmental awareness.  She would like to encourage that the Florida Yards & Neighborhoods Program be used throughout the County and encourage the water suppliers, the cities, the County, and the water agencies to continue support of the program.  The City of Leesburg has done a tremendous amount with the program and has developed a Magnolia Trail, with her assistance in the design work, and it will be a very good educational tool for Florida-friendly landscaping.  The City of Tavares, and the City of Clermont, are great supporters of the program.  More and more Lake County cities and surrounding areas in Orange and Seminole Counties that affect Lake County’s water supply are coming on board, and it is a great way to see that everybody is using the best management practices.  Ms. Watkins noted that she conducts workshops and presentations and has a web site available that educates the public 24 hours a day seven days a week.  The site gets 100,000 hits a month from over 20,000 visitors from all countries.  She would love to encourage the green development, because it is so important that they continue development but do it smartly and they can do that with the developers coming on board with the Florida Yards & Neighborhoods Program and developing and supplying alternative landscapes for the homebuyers, which can be a win-win situation.

            Commr. Hanson wanted to know if Ms. Watkins has a program, or whether her program is adaptable enough that it could be incorporated into the County’s development regulations.

            Ms. Watkins noted that the program could be incorporated into the development regulations and, in working with Pierce Jones, the Green Development Standards are Florida-friendly standards, so the Florida Yards & Neighborhoods Program goes along with those and they have been included in the packet of information provided to the Board.

            Commr. Hanson noted that she has been a strong proponent of this program for a long time, and she noted that a lot of trees in the County are not being trimmed properly when the commercial folks come in to trim them, and she wanted to know if there is a program, or whether Ms. Watkins can work with the County people, to address this issue.

            Ms. Watkins explained that the University of Florida/IFAS has a commercial landscaping program, and Lake County has a commercial program, and they would encourage more professionals to go to these programs.  She noted that they have a lot of unprofessional, unlicensed landscapers, so they should be encouraging more licensing and permitting and that way they can get the education they need to do the job properly.

            Commr. Hanson stated that this may be an issue that can be addressed by the Public Works Department, and staff can probably work closely with Ms. Watkins.  She noted that she attended one of her workshops in Casselberry where the city put it on for the Public Works Department, which she thought was pretty innovative and might be something they could do that might be helpful for everybody.

            Commr. Stivender clarified that staff needs to make sure that the program fits the County regulations, because right now the County requires the developers to put in all of this landscaping.

            Commr. Hanson noted that it is possible that the County may put together and help sponsor a workshop that would bring in the city planners and County planners.

            Ms. Watkins stated that the St. Johns River Water Management District (SJRWMD) had decided not to cost share any more on educational activities with the cities and counties.  She would like for the Board to encourage the cities and agencies that already sponsor the program to continue to do so.  In order to increase funding, she would like to be able to expand the program and reach everybody.

            Commr. Hanson suggested that a person in the County in charge of smart growth and working with the Extension Service might have a part time staff that could work with Ms. Watkins, because the two would be so closely related.



            Commr. Hill recognized Ms. Lalenya Robertson, President – A4K, and Ms. Karla Grimsley, GALP Circuit Director, the Guardian ad Litem Program, who are here to make a presentation to the Board about this program in Lake County.  She stated that they do an excellent job for their children, and the judges and County support this program.  It was noted that the Board members had been presented with a packet of information including their power point presentation.

             Ms. Lalenya Robertson, President – A4K, addressed the Board and stated that the Guardian ad Litem Program is a nonprofit community organization in support of children who have been abused, abandoned or neglected. Their Mission Statement is to raise funds for maltreated children in care of the State, and to provide community awareness and support of the Guardian ad Litem program and the needs of children in dependency proceedings; that every abused, neglected or abandoned child in Lake County would have a court appointed advocate to speak on their behalf; and never having to say no to a child in need.  She pointed out the graph that reflected the number of child protective cases investigated from 1995 to 2004, which has almost doubled.  In half a year, 7,970 cases have been investigated.

            Ms. Karla Grimsley, GALP Circuit Director, addressed the Board and stated that the figures reflected on the graph are the Lake County Child Abuse Statistics; Lake County has one of the higher case loads; in the Fifth Judicial Circuit, or the 13th District, 4,000 cases have been investigated.  In Lake County, they have five very dedicated staff that works with the Guardian ad Litem Program, and they work with approximately 60 extremely valuable volunteers.  They represent about 450 children on an ongoing basis; the downside to that is that there are still approximately 200 children that are under the court jurisdiction that do not have the benefit of a Guardian ad Litem.  She explained in detail that children need guardians for the reasons shown on Page 7 of the handout, and she explained what happens in child welfare, as shown on Page 8.  Ms. Grimsley clarified that the child does not attend the court hearing.  She stated that the backup reflects the cause and effect of abuse, with 2,000 child abuse incidents being reported in the USA every day.

            Ms. Robertson stated that the backup includes information from the database of The National Center for Missing and Exploited Children, as well as information relating to the profile of a Guardian ad Litem.

            Ms. Grimsley stated that she works with about 400 volunteers in this circuit, and they are exceptional citizens in their community.  At this time, she recognized four Guardian ad Litems who were here today supporting this presentation, which included Ms. Robertson.

            Ms. Robertson stated that there are 23 nonprofit organizations in the State of Florida representing the 20 circuits, and one statewide association that supports and lobbies on behalf of the Guardian ad Litem Programs and, without financial support form their nonprofits, children may never receive many type of treatment and care, or other opportunities, as listed.  She stated that they cannot do it alone and need the following:

  • We need more community awareness and exposure of the issues facing the expanding population of children in Lake County.
  • More positive media coverage for recruitment of GALS and to highlight GAL volunteers.
  • Increased support from the County to secure funding for child maltreatment prevention initiatives
  • Help with the long range goal of making Lake County a model for programs to stem the cycle of child maltreatment.
  • Help to assemble a multi-disciplinary support system to collaborate on “Healing the Family before Abuse Happens.”


            Ms. Robertson stated that their collaborative efforts are included in the packet noting that, if someone cannot be a volunteer, he can be a benefactor and make a difference now.

            Commr. Hill stated that she had wanted to do two things today, bring community awareness to this program and stress the need for more volunteers.

            Commr. Pool felt that perhaps churches may not be as involved as they should be but Ms. Robertson noted that the churches they have contacted have been very receptive.

            Commr. Hanson questioned whether they have been involved with Ms. Helena Osborne-Ponsi, Volunteer Coordinator for the County, because she has some programs that might be beneficial to them, one being the web site that is set up for volunteers, and Ms. Grimsley noted that they are registered through that site.  Commr. Hanson stated that Ms. Osborne-Ponsi is going to have a volunteer fair in October at the fairgrounds and any organization that is in need of volunteers could be there, and she suggested that they work with her.

            Commr. Pool noted that the County has a great retirement community, which may not be aware of the need for volunteers; he suggested that they contact the homeowners associations.

            Ms. Robertson and Ms. Grimsley explained that the press in The Villages did a very in depth coverage of them, and they were able to get about 60 trained certified volunteers.

            Commr. Stivender stated that a lot of the retirement communities are in her district, and she would be happy to go with them when they make their presentations.

            Commr. Pool stated that this should be a statewide issue of concern and questioned whether there are any states in the nation that far exceed expectations, or any county currently doing a better job that Lake County could emulate.

            Ms. Grimsley stated that she was not aware of any that do a better job, and she does meet with the State directors for the Guardian ad Litem Program.  It is a state collaboration and Florida has the third largest number of children in the foster care system in the nation.  The Guardian ad Litem Program in Florida has more volunteer Guardian ad Litems than any other state in the nation.  Right now, they have approximately 4,000 guardians; they need 12,000 to meet the need.  She noted that they started the Guardian ad Litem Program in Ocala in 1984, and  she extended her appreciation to the Board for their support.

            Commr. Hanson stated that the problem starts far beyond when the Guardian ad Litem Program comes into the picture, and that is the reason the County started the Childrens’ Commission for prevention and intervention, but it is not enough because Lake County has some really horrendous problems.

            Ms. Robertson reminded the Board that, if people cannot volunteer, they can be a benefactor; the nonprofits need money to help the children because the State does not fill the gap for children’s needs.

            Mr. Travis Whigham, who was in the audience, requested that they publicize their phone number and web site and noted that he may want them to speak to his group in Forest Hills.


            Commr. Hill noted that Commr. Stivender will be making the presentation of the Proclamation to the Polk family.

            Commr. Stivender stated that she would like to thank Dr. Diane Kamp, from the County Historical Society, and Mr. Greg Mihalic, Director of Economic Development/Tourism, for bringing this forward to the Board.  At this time, she asked that Ms. Thelma Polk Collier, daughter of Mr. P. H. Polk, come forward to accept the Proclamation.  She noted that Ms. Collier has her husband with her today, and her brother, Donald, was unable to attend.  Commr. Stivender stated that she would also like to thank the Natural Museum of Art for displaying the work of Mr. Polk at the museum in Eustis.  At this time, Commr. Stivender read Proclamation 2005-80, which was approved by the Board on May 17, 2005.

            Ms. Thelma Polk Collier addressed the Board and stated that it is an honor for her to be here today to receive this resolution for her father’s work and, on behalf of her family, it is such a joy to see that his work is still being recognized and that the family can share what he has done over the years.  She stated that her brother sends his regrets that he is not able to attend today.  She wanted to thank the Natural Museum of Art for having the exhibit, so that they can continue to share his work, and she wanted to thank Mr. Mihalic for recommending that this Proclamation be presented and certainly to the County Commissioners for their approval.

            In response to Commr. Stivender’s question about whether any photos were of her and her brother, Ms. Collier stated that they were of her twin brothers and her oldest brother who is deceased, and their was a picture of her mother.  Her father did over 200 photos of George Washington Carver and presidents and, he not only photographed famous people, he photographed the average person.  He was a very humorous person and very outgoing and really loved to share his photographs.  She stated that they are happy that he is being recognized and that he was recognized before he passed and it is really a great honor to be here to receive this.  Ms. Collier noted that her brother lives in Lake County, she lives in Seminole County, and they came here four years ago from New York.  She has a brother in Jacksonville, her brother, Donald, is in Clermont, and her son and his family are here.

            Commr. Hill noted that the History Channel had a documentary on Dr. Carver, and there were a lot of photographs shown and Ms. Collier noted that they were more than likely her father’s work, because he was a very good friend of Dr. Carver.



            Noise Abatement Wall/Britt Road

            Mr. Jay Crawford, Country Club of Mount Dora, addressed the Board to ask for their support in erecting a noise abatement wall for three-tenths of a mile in an area adjacent to the Country Club of Mount Dora when Britt Road is improved.  He noted that the Board should have received his letter dated June 13, 2005 and, in that package, he included some aerial photographs.  Mr. Crawford stated that the improved roadway is going to increase traffic and add additional roadway noise to their area, and they want to relieve a dangerous and noisy condition. He believes a wall would be prudent and advisable for sound abatement and safety.  Mr. Crawford showed the Board a photograph of a house next to him where a car came off of Britt Road and came very close hitting a house.  He stated that he is not alone in this request and, in his packet, there was a petition of 400 residents, and they only asked for one signature per household.  Also in the packet was a copy of Resolution 2005-2 from the Country Club of Mount Dora Community Development District (CDD) supporting their request.  He is hoping that the improvement will go into the design process prior to future meetings that are going to be held on the topic.

            Commr. Hanson stated that she did meet with Mr. Crawford previously and he did give her the packet, which she distributed to all of the Commissioners.  She stated that, because improvements are going to be done on Britt Road, it is probably a timely issue, but her problems go further back to when the City actually allowed the homes to be built that close to the road, which the County had no control over, even though the road is in the County.  She sent a letter to Public Works asking them to look at any design improvement that could be done when the road is improved.

            Mr. Jim Stivender, Director of Public Works, was present and acknowledged that this item will be addressed during the design phase.

            Mr. Ed Gresham, Country Club of Mount Dora, addressed the Board and stated that his home backs up to Britt Road, and he asked the Board for their support of the noise abatement wall.  Mr. Gresham stated that, as the other 400 people that signed the petition, his family is very concerned about the planned improvements on Britt Road, which will not only increase traffic, but it will affect the traffic speeds through that area.  Mr. Gresham stated that, without the sound barriers that are proposed, they believe that the improvements will present a dangerous environment to the area, and to the homes that are bordering it.  He noted that pools and swing sets and other things in the backyards of these homes are dangerously close to Britt Road and, even though there was no major damage to property from vehicles coming through the fence, they cannot be sure of that in the future.  He asked for the Board’s support to take action today to support the construction of this barrier.

            3-1-1 Direct Line to Local Government Services

            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, and Springs Creek Elementary School, addressed the Board to discuss 3-1-1 – the direct line to local government services and noted that he had presented the Board with this information.  Mr. Hunter stated that he had read in the newspaper where this issue will be coming before the Board very soon.  He stated that, for a long time, the Elder Council, and the Northeast Lake Chamber of Commerce, has been interested in having a list of telephone numbers of who to call in government.  He explained that 2-1-1 could automatically be absorbed into the same system as 3-1-1.  Right now Marion, Orange, Osceola, Seminole, Hillsborough, Pinellas, and Duval counties all have the 2-1-1 system.  He explained that 3-1-1 is a way of contacting all government agencies to get help with different things such as building permits and information about Board meetings.  He has talked to Senator Carey Baker, Representative Hugh Gibson, and Representative Alan Hayes, who are very much interested in this item.  There will be a meeting in Miami (July 12-13), and the Florida 3-1-1 Coalition will try again to get this through Tallahassee.  Mr. Hunter stated that they need the Board’s support and to perhaps have Commr. Cadwell speak to them, because it would be beneficial to everyone in the State.  It is going to take money, but Mr. Bruce Thorburn, Public Safety Communication Systems Director, has been very helpful in this and has given him a lot of information.  Mr. Hunter explained that an initial cost to get it started will be about $1 million; after that, it would cost every person who has a telephone about fifty cents a month, or six dollars a year.  Mr. Hunter stated that he, along with many others here today, are not for taxes.  He stated that Representative Hayes was so enthusiastic about this that he said he would help them find ways of defraying expenses of getting the word out to people.  Right now the Mid-Florida Community Center bulletin will include information about 3-1-1.  He appreciates support from the Board and asked that they try to find somewhere in the budget to help get this process started if it gets through Tallahassee.

            Spring Creek Elementary

            Mr. Hunter stated that, even though Commr. Cadwell is not present, he wanted to thank him for speaking in his behalf last week, because there was no citizen input, but he was kind enough to talk about Spring Creek Elementary School (Spring Creek).  Mr. Hunter stated that, for the first year, Spring Creek achieved the federal No Child Left Behind Act at 100%.  They have been an “A” school for three years in a row; the score for writing was the highest in the County; and the school has discipline and love for the children.  He stated that, in speaking for the Charter Board of Spring Creek, last year, because of the hurricanes, they lost about 85 students; families moving out because their homes were not fit to live in anymore.  He stated that they need more students at the school, the best one in the State, and they can take students from Volusia County, or Marion County, or any part of Lake County. 

            Commr. Hanson stated that the results in that school have been fantastic ever since it was built, and it was built in an area that has a very high poverty rate.

            Mr. Hunter stated that the school is rated at 70% for the free reduced lunch program, and if a student has the leadership and love and discipline given by this school, he will achieve, and the students do achieve.

            Commr. Hill stated that, to address the 3-1-1 issue, the Board did have a meeting at the Ken Bragg Center several years ago, and they discussed the 2-1-1 program, and they did look at that quite extensively, as well as the providers for that system.  It was a governor’s initiative at that point to have the entire State on 2-1-1, but they did look into providing something for the whole community.

            Mr. Bruce Thorburn, Public Safety Communication Systems Director, explained that 3-1-1 is a 9-1-1 system but for non-emergency contacts; 2-1-1 is a non-emergency 9-1-1 system for medical/health or community service issues.  There was a 2-1-1 bill passed in the legislature this year with $5 million of seed money, which will not even pay for the Dade County system that is already in place.  This legislation is actually the exact legislation that the County used in 1974 for 9-1-1 that imposes 50 cents on phone bills for 3-1-1, and the coalition is going to be voting in July to take this legislation forward.  He will make sure that the Board members get copied on it.  Mr. Thorburn stated that, if 3-1-1 is funded properly, the County can very easily incorporate the 2-1-1 function into the same call center.

            Sexual Predators/Lake Emma Road Project/School Superintendent/Comprehensive Plan

            Mr. Travis Whigham stated that he wanted to thank Commr. Cadwell for bringing forth the issue concerning child predators because, with all of the cities basically wanting to force them out of the cities, they are all going to come into the County region.  He stated that they would be better off in the cities, because the cities have better police protection and better ways to facilitate things all the way around whereas the County, because it is so large, does not have the ability to provide the same type of services.

            Mr. Whigham stated that the Lake Emma Road project will be coming to the Board on July 12, 2005, during the discussion of the dirt road inventory, and he wanted to thank the Board.

            Mr. Whigham addressed the impact on schools and roads from development and stated that he would like to see if there is a way to have developers pay for 100% of the school impact, as a result of rezoning their development projects and changing land uses because, right now, the school impact fees do not take care of the school problems.  He stated that, if they get the money upfront from the developers, as the homes are being put in, they could be building and adding on to schools for the children that are going to come into these homes.  He also wanted to know if there was a way to legally get a new school superintendent.

            Commr. Hill explained that the subject of the school superintendent is a school issue, not a County issue, and Mr. Whigham is welcome to talk to the school attorney.  She noted that the citizens spoke on the issue when they voted to elect rather than appoint a superintendent.

            Commr. Pool stated that he wanted to address Mr. Whigham’s comments about development, and the idea that development is occurring at six to seven units per acre, because he does not know of any development that this Board has ever approved at that intensity; they are not even doing four units per acre.  He wanted to make sure that Mr. Whigham understands that it was not the County approving this type of intensity, but it may have been some of the cities.

            Commr. Hanson pointed out that most of the land use changes in East Lake County were approved at least 20 years ago, which are the ones that the public sees being developed today, and these are the ones that they assume the Board has just recently approved.

            Mr. Whigham addressed the process the Board will be taking in developing a new Comprehensive Plan and stated that he is concerned that it will change the development pattern in his area and cause a much greater impact to schools and roads and affect those who selected country style living.

            Commr. Stivender explained that public comments are being taken to begin their discussions on the new Comprehensive Plan; they are taking public comment by survey on their web site.  She suggested that Mr. Whigham present his comments to Ms. Amye King in Growth Management.

            Mr. Whigham thanked the Board for all they have done for the Forest Hills area and stated that he will definitely be here for the discussion of the road projects.



            Ms. Regina Frazier, Budget Director, stated that staff has a request for approval of the three year Capital Improvement Plan that they presented at the Budget Retreat, as shown in the backup.  Ms. Frazier presented the following updates to this plan:  funding for the Capital Projects Staff Funding ($570,000) was removed and it will be funded out of the General Fund; PEAR Park grant has now been awarded ($400,000) so that will be in the budget for next year; modifications for the BCC Records Storage Facility ($509,200) may not be enough, if they climatize the building, so they may want to move some of the staff funding dollars to that area; they have moved $2.4 million out of the facilities reserves which is being used right now for some road projects and that money will have to go back in order to maintain this listing over the next three years.

            Commr. Stivender pointed out that these are projects the Board approved and asked to be moved forward, and Commr. Hill noted that the Board did prioritize many of these at their workshops.

            Commr. Stivender pointed out that she sees the Umatilla Health Clinic on the list, but not the Leesburg, Tavares, or South Lake Health Departments, and Ms. Frazier noted that they are not funded at this time.

            Ms. Cindy Hall, County Manager, stated that, in regards to the Tavares Health Clinic, they have an amount of money they may be putting in the budget depending on how they end up budget wise for next year; they do not have anything at this time for Leesburg, or South Lake.

            Commr. Stivender noted that there was an issue about the South Lake Clinic, and Commr. Pool pointed out that the facility is so small that he did not think that they could renovate and make any difference there with the size of that clinic; they need a facility or a lease space that is larger than what is there today.  As noted, it is not in the plan at this time.

            Commr. Hill pointed out that another reason relating to that issue is that, as they all know, Rodger Amon has left the position as Director of the Lake County Health Department, and the State is in the process of hiring a new director, from recommendations received from the County, and they do not know the goals of this individual, or whether that individual is going to want to do a reassessment of these facilities, but there are a lot of things that were put into the works that they are still going to go ahead with, one of them being the mobile unit, but she thinks that the Board will get more input when the new person comes on board.

            Commr. Stivender questioned whether there had been a decision on the Leesburg Clinic and whether they were going to sell that property, and Ms. Hall explained that a decision has not been made yet, but she will be glad to bring that to the Board for consideration.

            Commr. Stivender wanted information on the Conserv II property, and Mr. Sandy Minkoff, County Attorney, explained that staff has not gotten the two contracted appraisals back yet; he spoke with Orange County a week or so ago and indicated to them that the County is still interested and, hopefully, within the next couple of meetings, staff will be able to give them an idea of the cost.

            Commr. Stivender referred to the notations on the back of the revised project recommendations and noted that they are spending more money in the road project area than they actually have available and questioned whether they have a plan on how to proceed, because it is the Board that is pushing the road projects, and they have told Public Works to do them, but they need to know how they are going to address the necessary funding.

            Ms. Hall explained that, a couple of meetings ago, they moved some money from reserves into the road program to finish out this year.  She stated that it is very possible at the beginning of the next fiscal year that they may need to issue the line of credit, and they need to make sure they have cash flow for the road projects.

            As reflected in the backup, it was noted that, in addition to the funding listed, there is $15 million allocated in a line of credit for use on capital projects when sales tax cash is depleted.  The allocation is $7.5 million for road type projects, and $7.5 million for facility type projects; there have been no draws on this line of credit.

            Commr. Hill noted that the Board has not used any of the line of credit at this time, but they do have it available at such time that they need to alleviate the cash flow and, before that is done, it will come back to the Board.

            Commr. Hanson referred to the $500,000 noted for the land purchase for the Mt. Plymouth/Sorrento land and community building, and it was noted that they are still at the $1.5 million for the total amount.

            Commr. Stivender questioned the status of the consultants the Board hired to do the conceptual design for the judicial center, energy plant, and other structures, and Ms. Hall explained that the Evaluation Team meets on July 13, 2005; those proposals are in and they will begin the process.

            Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the Capital Project Funding Recommendations for Fiscal Years 2005 through 2007, as noted.

            Under discussion, Commr. Pool stated that, as they go forward, things can change, and the Board did mention some items that will have to be addressed in the future.

            Commr. Hill stated that this will give staff a set direction.

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

            Commr. Stivender wanted to commend Ms. Julia Wilson, Senior Budget Analyst & Assessment Manager, Ms. Regina Frazier, Budget Director, and Ms. Cindy Hall, County Manager, for doing an excellent job.


            Ms. Regina Frazier, Budget Director, addressed the request which deals with an appeal of denial for a partial refund of impact fees in the amount of $37,444 on 16 town homes in the Clermont Yacht Club to Edginton Enterprises, Inc., in accordance with Section 22-17 of Lake County Code.  The request was denied based on the fact that the Ordinance requires that the refund be requested within a 180 day time period.  The applicant was not aware of the error; it was due to the definition of a town home based on the building code versus the definition on the impact fees.  When the building permit was issued, staff used the building code definition; so the applicant was not aware there was an error until they came in to pull some additional permits.

            Commr. Hanson stated that, if it had been within the 180 days, there would not have been a question, and she wanted to know how many days it was beyond the 180 days.

            Ms. Frazier noted that it was December 16, 2003.

            Mr. Sandy Minkoff, County Attorney, explained that initially it was the County’s mistake that they misclassified it, and then, when they came in for the later phase, which was more than six months later, staff realized the error.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board recommended that they approve the refund, as noted.


            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the appointment of Phillip Braun as Leesburg Regional Medical Center's alternate member representative, and R. Patton McConnell serving as primary member representative on the Comprehensive Health Care Committee.


            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the appointment of Carol Jensen to the vacant District 3 position on the Elder Council (rescheduled from June 6, 2005 BCC Meeting).



            Mr. Sandy Minkoff, County Attorney, addressed the request for approval to advertise an Ordinance amending Chapter 18, Article III, Lake County Code relating to the Special Assessment Program and noted that there would be some minor changes mainly aiming at allowing them to include the water project the Board discussed a couple of months ago, to allow folks to hook up to the public water supply.  Staff will get comment from the Budget Department before it comes back to the public hearing.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request to advertise an Ordinance amending Chapter 18, Article III, Lake County Code relating to the Special Assessment Program.


            Mr. Sandy Minkoff, County Attorney, discussed the request to begin eminent domain proceedings for the acquisition of a new fire station site, about one and a half acres, on CR 448 and Shirley Shores Road in the Lake Jem area.  Staff has done a lot of proceedings in this and the survey is done, and first they will send out the statutory letter to the property owner, which they expect he will reject, and then they will begin eminent domain to acquire the site.  The resolution is the formal statutory resolution.  The department did an exhaustive analysis of where the station needed to be using Geographic Information Systems (GIS) and maps and chose this location.  They tried to find the one which would have the least impact on the property owner; this is a small corner of the sand mine located on CR 448.

            Commr. Stivender explained that this site was one of the suggestions made a couple of years ago, and it has now moved forward and she would appreciate the Board’s support.

            Mr. Minkoff explained that the property owner is very opposed to the sale, so it will be a very unfriendly condemnation.  He noted that this is an old time property owner, and he is not interested in selling any of his property.  There are no homes in this area; the railroad track is on one side; they wanted to keep the station on the south side of the track; there were really only two property owners from Venetian Village all the way back into Tavares; and neither one of them was interested in selling.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved Resolution 2005-98 instituting eminent domain proceedings for acquisition of a new fire station site on CR 448 and Shirley Shores Road in the Lake Jem area and approved to proceed with the pre-suit negotiation offer.

            Commr. Stivender wanted to than Mr. Gary Kaiser, Public Safety Director, and GIS, and Mr. Minkoff for their work on getting this done.


            Mr. Sandy Minkoff, County Attorney, addressed the request regarding the purchase of Ferndale Preserve on Lake Apopka and stated that staff is asking for authorization to complete the closing of the property.  Staff has contacted Ferndale Preserve, and Ms. Melanie Marsh, Assistant County Attorney, will provide the Board with an update on where they are with the closing, and some issues they have had with the St. Johns River Water Management District (SJRWMD).  When she is done with her report, he would like to bring to their attention an issue with The Trust for Public Land to make the Board aware of it.

            Ms. Melanie Marsh, Assistant County Attorney, explained that staff had originally anticipated closing on the Ferndale property by the end of June; due to some timing issues with Florida Communities Trust (FCT), it will now be July 14, 2005.  In terms of the SJRWMD, they had given staff a verbal agreement to help fund this purchase for $250,000 and that went to their board on June 8, 2005.  One of the requirements they put on that funding was that they actually be on the deed and to include a percentage equal to their contribution, which would have been about six percent (6%).  Staff contacted FCT and they were informed that the SJRWMD could not be on the deed, because they are not an eligible recipient for those funds.  The SJRWMD only meets once a month, so they will have to go back to their board to see if they will accept a Conservation Easement, for the $250,000, rather than actually being on the deed.

            Mr. Minkoff explained that their recommendation from staff, and Ms. Cindy Hall, County Manager, is that, even if the SJRWMD elects not to participate, they still go forward because the property purchase was an appraised amount from awhile back so it is probably worth significantly more than the appraisal, and they are still getting 75% of the contribution from FCT plus the Water Authority contribution.  Staff would like to continue to work with the SJRWMD to see how they can work that out but not to have that as something that would kill the acquisition.

            Commr. Stivender stated that this was going to be her recommendation because they need to keep moving forward.

            Mr. Minkoff stated that the Board has an option agreement with The Trust for Public Land, which actually acquired these two parcels and, in that agreement, they agreed to pay an additional $50,000 for their cost of acquisition plus $8,000 to $9,000 for interest for the time period they have held the property.  One of the things they discovered during this process of dealing with the SJRWMD is that it is likely that The Trust for Public Land had some other compensation paid to it, whether it is called a fee, or a charitable contribution, in connection from the sellers of the land.  When staff asked The Trust for Public Land how much that was, they would not tell them.  Staff went to the property owners to try and verify how much it was but they had signed a confidentiality agreement that was required by The Trust for Public Land.  So they do not know how much compensation was paid to The Trust for Public Land; they just know that it is there.  Mr. Minkoff stated that he does not think that would change them from exercising the option here, because they are still getting a good deal for the citizens but, in the future, with Board direction, they could eliminate this problem in dealing with them and making them disclose any kind of payments they receive from anyone in connection with their transaction, so it would be public, and this would be his recommendation because then it would  at least be a transparent deal, and everybody would know exactly what happened.

            It was noted that the Commissioners strongly agreed with Mr. Minkoff’s recommendation, as stated.

            Commr. Pool stated for the record that he will abstain as he has in the past from voting on this issue because his brother-in law owned the property in the past and, while he does not own it today, he does not want an appearance of special gain.

            Mr. Minkoff stated that the staff recommendation is still that they go forward with this purchase and they complete the purchase, and to approve the request to authorize the Chairman to sign any of the necessary closing documents.

            In response to a question from Commr. Hill regarding how high the possibility was that they will not want to fund this,

Ms. Marsh responded that the conversations that she has had with the SJRWMD centered around whether there was a legal rule and that they cannot be on the deed and, in the Administrative Code, it says they cannot be on the deed because they are not an eligible recipient, so now it is just the matter of going back to their board.  In the past, they have taken Conservation Easements rather than being on the deed; she did not know why they were requiring it in this particular circumstance.


            At 11:05 a.m., it was noted that Commr. Pool left the meeting.


            Mr. Doug Hattaway, The Trust for Public Land, addressed the Board and stated that he wanted to clarify some important distinctions mentioned by Mr. Minkoff.  Mr. Hattaway stated that they, as a nonprofit charitable organization, rely upon the charitable contributions they receive to fulfill their mission.  These funds allow their organization, as a private organization in the private real estate market, to take the risks that they have to take in order to protect the land for the public benefit.  The charitable contributions are provided to The Trust for Public Land as part of the private transaction when they purchase the land from the landowners.  When they first introduced themselves in 2001, he explained how they operated and he had hoped to make it very clear in his presentation how they fund themselves through charitable contributions.  The public transaction is open, in the Sunshine; there is nothing they are not sharing related to this transaction; it is a distinct transaction from the ones where they purchased it as a private buyer.  The $50,000 difference does not cover their costs associated with this transaction and, although generously accepted, it is to help them offset some of these costs; the purchase price they are conveying to Lake County is for the purchase of the property.  Mr. Hattaway explained that they were able to raise the funds for their charitable organization because they were able to do it in confidence with the donors that provide them their donations.  They have a policy not to disclose in order to allow them to continue raising funds to further their mission.  They will not be able to work with Lake County if the requirement is that they disclose this information.  Mr. Hattaway explained that they appreciate those that do want to provide them with charitable contributions in confidence and they take their nondisclosure policy very seriously, even in those cases where there may not be an issue with the seller having a problem with it being shared.

            Mr. Minkoff clarified that, in this instance, The Trust for Public Land signed the confidentiality; it is their policy; it is not necessarily the seller’s policy.

            Mr. Hattaway stated that, in this case, Keith Hogan was one land owner, and he did sign a confidentially agreement, and his sense is that he probably would not have a problem with sharing the amount but, if the County were to call the other land owners, they would probably put in their own words a different perspective of whether that should be public knowledge or not because they consider it their private affair.

            Mr. Minkoff clarified that the land owners signed an agreement not to disclose, so they would be in breach of contract if they did disclose information.  He stated that one of the problems with this is that there really are not two transactions; there is really only one; their option with the property owners was not exercised until after the County had applied for and received the FCT grant and had the option agreement with the County.  While there were two steps, this really has been one transaction that has occurred.  The Trust for Public Land has taken the position they will not disclose so, in the future, when it comes forward, staff will bring that language to the Board, and they can decide with a particular case on how they would like to proceed but they will not get caught in a position where they do not have the leverage to either make them disclose or not do the transaction.

            Mr. Hattaway explained that he had offered to Mr. Minkoff a alternative way of approaching this and would be willing to work with him so that, earlier on in the process, if it looks as though they would be receiving a charitable contribution from a land owner in excess of some type of threshold, then they would let them know up front that they would be getting a very generous charitable contribution but, if anything goes below that threshold, he would suggest that they let them continue doing their work and let this remain between the land owner and The Trust for Public Land.

            Commr. Hill explained that this was one of those that came before the Board before the referendum actually passed; she did think that they needed to go back and set some policy and have some discussion before the next one comes forward because this one came before they were set for it but the property was available.  She would appreciate and feel more comfortable if Mr. Minkoff would bring back some policy as to how they are going to proceed.

            Mr. Hattaway noted that The Trust for Public Land has saved over half a billion dollars to public governments over their term of existence, and they are very proud of their ability to convey properties at less than what they are worth and they are doing that here, and it is a wonderful project for the citizens.

            Mr. Minkoff stated that staff needs authorization for the Chairman to sign the closing documents and hopefully, they will close in July and that will be with or without having the SJRWMD issue resolved but staff will keep working on that.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried by a 3-0 vote, the Board approved to authorize the Chairman to sign any and all documents necessary to close the transaction for the purchase of Ferndale Preserve on Lake Apopka.

            Commr. Pool declared a conflict of interest and abstained from voting on the issue.


            At 11:15 a.m., it was noted that Commr. Pool returned to the meeting.


            Mr. Sandy Minkoff, County Attorney, reported that they have come to a settlement agreement, in the case of Stevenot vs. Lake County, the appeal of the decision that the Board made for the expansion of the Marion Sand Plant off of CR 42.  The County’s part was relatively small and it was mostly between the residents and Florida Rock Industries; however, the agreement does ask that the Board of County Commissioners reconsider the vacation of Umatilla Road, which involved a rezoning case, and a road vacation case.  They have signed that agreement but none of it can be approved without coming back to the Board.  Staff will be rescheduling the road vacation sometime in July, as well as the settlement agreement.  From mediation, there should not be significant opposition to the road closing this time.  The residents got some increased setbacks; some increased landscape buffers; and there were some terms in relation to mining where the roads come together and, as part of that agreement, the residents have agreed not to oppose the vacation of Umatilla Road, so they could mine over that entire area.  He noted that the Board is only obligated to reconsider the vacation; staff does not need any action by the Board today.


            Ms. Cindy Hall, County Manager, reported that staff has received notification from the Florida Emergency Preparedness Association that Jerry Smith, Director of Emergency Management, has been awarded the Florida Professional Emergency Manager Designation, the highest honor of professional achievement available from the Association, which is very good for him, and also very good for the County.


            Ms. Cindy Hall, County Manager, reported that she just received notification from Mr. Gary Kaiser, Director of Public Safety that their ISO fire rating has improved from a 7/10 rating to a 6/9 rating, which is a great benefit to the citizens.

            Mr. Gary Kaiser, Director of Public Safety, addressed the Board and stated that this has been a two year program, and staff will continue to strive to improve these numbers, and where they put their dollars, and program emphasis in the future will be geared toward bringing that down further.

            Commr. Stivender pointed out that this is a savings to the taxpayers that will show on their insurance bills.

            Commr. Pool stated that this is a step in the right direction and something that they have been working on for a long time.  He wanted to make sure that the information is provided to the citizens so that, when they ask for an insurance quote, they can give them a different rating and, even though it may not be a lot of money, in some situations it can be a lot of money.

            Mr. Kaiser noted that the ISO does notify the insurance companies, but staff will get the information on the web site and will follow up on all of this.

            Commr. Hill thanked Mr. Kaiser for putting on the program yesterday for Emergency Management, and she asked him to relay that to Mr. Jerry Smith, Director of Emergency Management, who did an excellent job putting that together.  She has gotten a lot of nice comments from local officials that were here earlier this morning.


            Commr. Pool reported that last week they had a West Orange-South Lake Transportation Task Force (Task Force) meeting, with T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (MPO) being present.  He explained that the main concern of the Task Force was the Highway 50 corridor, and their attention is now focused on that with the help of Representative Randy Johnson, the Task Force, and the Board.  The next project of great importance will be, on the Lake County side, the Hartwood Marsh corridor (east-west) and, on the Orange County side, the CR 535 corridor (north-south).  He believes that their focus will continue to be asking for help in Tallahassee, and from the Board, as they go forward to improve the transportation corridors.

            Commr. Hill noted that last Friday, Commr. Pool received the “Gem of the Hills” award from the South Lake Chamber of Commerce, along with Representative Randy Johnson and Mayor John Vanderley of Ocoee, for their efforts on the Highway 50 corridor, and she wanted to extend her appreciation to him for his work on this matter.


            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 2005-99 declaring the month of June as Safety Month in Lake County.


            Commr. Hill clarified that the dirt road inventory presentation will be heard by the Board on July 12, 2005; not July 17, 2005 as mentioned earlier by Mr. Travis Whigham.


            Commr. Hill noted that the Board wishes Commr. Cadwell good luck as he is inducted as President of the Florida Association of Counties (FAC).


            Ms. Cindy Hall, County Manager, thanked the Board for the very nice reception this morning noting that it was a nice opportunity to see a lot of people from Lake County.


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