MARCH 14, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, March 14, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Toni M. Riggs, Deputy Clerk.


            Pastor Earl Wright, East Lake County, gave the Invocation and led the Pledge of Allegiance.

            AGENDA UPDATE

            Ms. Cindy Hall, County Manager, stated that staff has handed out some additional backup for several tabs; maps for Tab 4 and Tab 5; a Resolution for Tab 10; and a letter that staff would like to send to the legislators, for Tab 23, at the request of the Supervisor of Elections.  The Board also has two Addendums, but staff is not going to proceed with Addendum No. 1, Item II. A. 1, the purchase of 28 acres of property adjacent to the Dora Canal, because they are looking at some additional issues having to do with the appraisal.  Staff is also pulling Tab 26 regarding the Paisley/Lake Kathryn fire station, because they need additional time to evaluate soil and sights for that station.


            Commr. Cadwell introduced Captain Merle Dillard from the Lake County Sheriff’s Office who is doing his internship today for Leadership Lake County.


            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of February 16, 2006, Special Meeting (Building Projects), as presented.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of February 21, 2006, Regular Meeting, as presented.


            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 2, as follows:

            Checks or Warrants

            Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.


            Public Service Commission

            Request to acknowledge receipt - before the Public Service Commission, In re: Joint application for approval of sale of Florida Water Services Corporation's land, facilities, and certificates in Brevard, Highlands, Lake, Orange, Pasco, Polk, Putnam, a portion of Seminole, Volusia, and Washington counties to Aqua Utilities Florida, Inc.; and In re: Joint application for approval of sale of Florida Water Services Corporation's land, facilities, and certificates for Chuluota systems in Seminole County to Aqua Utilities Florida, Inc.; Docket Number 040952-WS; Order Number PSC-05-1242A-PAA-WS; Issued: February 27, 2006; Amendatory Order.



            On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 22; Addendum No. 2; and pulling Tab 21 for discussion; as follows:

            Florida Commission for the Transportation Disadvantaged/Grant

            Request from Community Services for approval to submit an application to the Florida Commission for the Transportation Disadvantaged for the Rural Capital Assistance Support Grant Program and Resolution 2006-31.


            Resolution/Multi-Family Housing Revenue Bonds/The Club at Eustis Village Apartments


            Request from Community Services for approval and execution of the Authorizing Resolution 2006-32 by the Lake County Board of County Commissioners to ratify issuance of multi-family housing revenue bonds in an amount not to exceed $7,500,000.00 for the purpose of financing the proposed development of "The Club at Eustis Village Apartments" to be located in Lake County.


            Resolution/Multi-Family Housing Revenue Bonds/Southwinds Cove Apartments


            Request from Community Services for approval and execution of the Authorizing Resolution 2006-33 by the Lake County Board of County Commissioners to ratify issuance of multi-family housing revenue bonds in an amount not to exceed $10,450,000.00 for the purpose of financing the proposed development of "Southwinds Cove Apartments" to be located in Lake County.


            Employee Services/Employee Claim


            Request from Employee Services for approval of an offer to settle Laura Johnson's claim for property damage, in the amount of $791.26, subject to the County Attorney's review and approval.


            Contract/Professional Service Industries, Inc./South Clermont Connector


            Request from Procurement Services for approval and execution of the Contract with Professional Service Industries, Inc., RSQ 06-007, to provide construction inspection services for the South Clermont Connector in the amount of $162,900.00.


            First Amendment/Bid/Citrus Ridge Library


            Request from Procurement Services for approval and execution of the First Amendment to add the preparation of bid specifications, RSQ 03-109, for Library furniture at the Citrus Ridge Library, in the amount of $13,746.72.


            Rental Agreement/Cox Radio, Inc. Tower Site - Eustis


            Request from Public Safety for approval to enter into a two-year rental agreement on a Cox Radio, Inc. tower site, located at a site at 30301 Sea Grape Avenue, Eustis, Florida, 32726 (aka Paisley Tower).


            Florida Department of Health Emergency Medical Services/Resolution


            Request from Public Safety for approval and execution of the Florida Department of Health Emergency Medical Services (EMS) Grant to purchase equipment and supplies to improve and enhance EMS response in Lake County and Resolution 2006-34.


            Letter of Credit for Maintenance/Regal Ridge


            Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $12,940.00 posted for Regal Ridge. Regal Ridge consists of 25 lots – Commission District 2.


            Meadows at Sunnyside/Bond/Developer’s Agreement/Resolution


            Request from Public Works for approval and authorization to accept the final plat for Meadows at Sunnyside and all areas dedicated to the public as shown on the Meadows at Sunnyside plat; accept a Maintenance Bond in the amount of $52,586.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Meadows at Sunnyside, LLC; and execute a Resolution 2006-35 accepting the following roads into the County Road Maintenance System: Glenn Meadow Lane (County Road Number 4319) and Sunny Meadow Court (County Road Number 4319A). Meadows at Sunnyside consists of 38 lots – Commission District 1.


            Satisfaction of Road Assessment Liens


            Request from Public Works for approval and authorization for Chairman to execute Satisfaction of Road Assessment Liens for 20 road assessments, as follows:


Assessment #                          Name                                                   Date Paid

685026                                    John & Jennifer Richichi                     01/10/06

685052                                    Monnie Singletary                               10/14/05

685107                                    John & Mary Ferguson                       01/20/06

689003                                    John & Judith Macri                           01/30/06

689014                                    Tray Black                                           12/06/05

689064                                    Brooke & Tricia Kitchen                     01/19/06

693007                                    Margaret Tisdale                                 01/31/06

693008                                    Glynn & Deborah Wallace                  01/20/06

694040                                    Golden Grove Properties                    10/21/05

694041                                    Golden Grove Properties                    12/23/05

696010                                    Board of Trustees                               02/01/06

696019                                    Dale & Cheryl Burke                          12/21/05

696020                                    Dale & Cheryl Burke                          12/14/05

696031                                    James & Carol Ridout                         10/04/05

696034                                    Paul Papineau                                      02/01/06

696055                                    Duane & Mary Eisnor                         01/31/06

698002                                    David & Susan Jass                            09/22/05

698005                                    Lange Construction Inc.                     09/02/05

698025                                    Lange Construction Inc.                     09/02/05

699007                                    Randy & Jane Peterson                       01/30/06


            Letter of Credit/Arrowtree Reserve


            Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $51,750.00 posted for Arrowtree Reserve, Phase I. Arrowtree Reserve Phase I consists of 52 lots – Commission District 3.


            Maintenance Bond/Orange Tree Phase 3


            Request from Public Works for approval and authorization to release a Maintenance Bond in the amount of $45,277.99 posted for Orange Tree Phase 3. Orange Tree Phase 3 consists of 71 lots – Commission District 2.


            Letter of Credit/Arrowtree Reserve Phase II/Resolution


            Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $11,200.00 for Arrowtree Reserve Phase II; and execute a Resolution 2006-36 accepting the following roads into the County Road Maintenance System: Tween Waters Street (County Road Number 2434), Canoe Pass Street (County Road Number 2435), Arrowtree Boulevard (County Road Number 2436), Dark Water Court (County Road Number 2436B), Marsh View Court (County Road Number 2436C), and Tree Park Court (County Road Number 2534A). Arrowtree Reserve Phase II consists of 77 lots – Commission District 3.


            Chavers Estates


            Request from Public Works for approval and authorization to accept the final plat for Chavers Estates and all areas dedicated to the public as shown on the Chavers Estates plat. Chavers Estates consists of three lots – Commission District 4.




            Request from Public Works for approval to accept the following listed public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects: five Statutory Warranty Deeds, two Statutory Quitclaim Deeds, one Temporary Non-Exclusive Construction Deed, and two Non-Exclusive Easement Deeds, as follows:


Statutory Warranty Deed

Bilton, Jr. Richard W. & Melanie A. Bilton, N. Babb Rd., RD#7959, OR/PG 3070/847, Road Project

McCoy, Gregory C. & Teresa E., N. Babb Rd., RD#7959, OR/PG 3074/1238/ Road Project

Orlando TDH Invstments, LLC, Libby Rd., West, RD#2130, OR/PG 3088/1215, Road Project

Bump, James R. & Susan M., N. Babb Rd., RD#7959, OR/PG 3086/1808, Road Project

Collins, Jerri/Pinnock, Michael, N. Babb Rd., RD#7959, OR/PG 3086/1816, Road Project


Statutory Quitclaim Deed

Saez, Jr. Anibal & Cheri A., S. Dewey Robbins Rd. & Dewey Robbins Rd., RD#2625/2824, OR/PG 3070/851, Road Project

Spring Ridge Estates, LLC, CR44, RD#6068, OR/PG 3074/1246, Site Plan


Temporary Non-Exclusive Construction Easement Deed

Tredway, Patricia Ann, Lakeshore Dr., RD#3128, OR/PG 3086/1812, Road Maintenance


Non-Exclusive Easement Deed

Bazinet, Richard A. & Judith Ann, N. Babb Rd., RD#7959, OR/PG 3086/1820, Road Project

Bazinet, Richard A. & Judith Ann, N. Babb Rd., RD#7959, OR/PG 3086/1820, Road Project


            Agreement/Florida Power Corporation d/b/a Progress Energy Florida, Inc.


            Request from Public Works for approval to accept and execute the following Subordination of Utility Interest Agreement between Lake County and Florida Power: Florida Power Corporation d/b/a Progress Energy Florida, Inc. – West Perley Rea – Libby Road West (Number 2130).




            Request from Public Works for Approval of Resolution 2006-37 authorizing the posting of a 36 inch by 36 inch "YIELD" sign for the eastbound CR 44A turn lane for traffic entering the CR 439 southbound lane.


            Resolution/Roads/Mt. Plymouth Area


            Request from Public Works for approval and signature on a Resolution 2006-39 authorizing the posting of speed limit signs on the following roads in the Fruitland Park and Mt. Plymouth areas:


Myrtle Boulevard, 5204, Fruitland Park

Quaker Ridge Avenue, 3987E, Mt. Plymouth area

Thornhill Drive, 3987F, Mt. Plymouth area


            ADDENDUM NO. 2




            Request from Procurement Services to award the contract for Digital Topographic Data and Digital Orthophotography to Kucera International, Inc., in accordance with RFP Number 06-003 for $725,580.00 and approval of a Budget Transfer in the amount of $325,580.00.



            Commr. Cadwell referred to Tab 21 regarding the request to reduce the speed limit in the Umatilla area at CR 450/Collins Street (7978) and stated, in the Traffic Operations’ 48 hour speed study on these roads, it shows that they really did not have speeders.

            Mr. Jim Stivender, Director of Public Works, explained that they had speeders but the numbers were not above the 85 percentile for the posted speed.

            Commr. Cadwell stated that, once they put the park in this area, they will probably need to slow a portion of that traffic down.

            Mr. Stivender explained that, historically, the traffic counts are rising; the East Umatilla subdivision has been there for a long time; there is a lot of turn out movement; there are no turn lanes in that area; and site distance to some of the intersections is a concern because of the bad skews. He stated that there are a lot of geometry problems there and that is why they are requesting a speed reduction; not necessarily because of the speed limit that is there right now.  He explained the location of a hill in relation to the Umatilla barn noting a site distance problem; there is a tight curve going into East Umatilla; and those items played more of a factor than the actual speed limit.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request and signature on Resolution 2006-38 authorizing to reduce the speed limit in the Umatilla area at the following location:  on CR 450/Collins Street (7978), reduce speed limit from 55 mph to 45 mph by extending the existing 45 mph speed limit zone that starts 2,050 feet east of SR 19 to a point 1,000 feet east of East Umatilla Boulevard (7977).



            Mr. Jason Showe, Revenue Coordinator, addressed the Board and stated that this is a request for the Chairman to sign a letter supporting Senate Bill 2068, which will assist them in providing early voting throughout the County; and authorization for the Chairman to sign letters to send to the State legislators which support positions from the Florida Association of Counties (FAC).

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Budget for the Chairman to sign a letter stating Lake County's position on proposed Early Voting Legislation and any additional positions supported by the Florida Association of Counties (FAC).

            Mr. Sandy Minkoff, County Attorney, stated that last week the Board talked about changes that the legislature is considering and a bill that has been introduced by Senator Carey Baker and Representative Hugh Gibson.  At the Board’s direction, he had Sarah Bleakley, Nabors, Giblin & Nickerson, to check with FAC, and they are basically taking a neutral position on this legislation at this time; there is a part of it that they like; there is a part of it that some of the county offices are opposing; and he did not know how the Board wanted them to proceed.            Commr. Cadwell stated that he is going to be in Tallahassee the next two weeks, so he will meet with Senator Baker and Representative Gibson and discuss their concerns.  He has met with folks here locally and he understands their concerns; FAC at this point has been trying to stay neutral; but they have a legislative committee meeting by conference call on Friday; and when he is in Tallahassee, he will get some direction and bring it back to the Board.



            Mr. Fletcher Smith, Director of Community Services, addressed the Board and stated that the Lake Soil and Water Conservation District has received a grant from the Florida Department of Agriculture and Consumer Services/Office of Agricultural Water Policy, the St. Johns River Water Management District, to implement a mobile irrigation lab (MIL).  Mr. Smith introduced Brandon Miller, Florida Department of Agriculture and Consumer Services; Nadine Foley, Lake Soil and Water Conservation District Board; and Brad Russ, Resource Director for Lake Soil and Water Conservation District.

            At this time, Mr. Smith played a short video that explained the mobile irrigation lab concept and explained that the County would manage the grant; they would hire personnel that would be limited term County employees to manage the operational budget; and they would report back to the Lake Soil and Water Management District.

            Mr. Russ, Resource Director, Lake Soil and Water Conservation District, explained that agriculture will be targeted first and, as noted, the MIL will conduct free evaluation of irrigation systems and provide test results to the owners/operators of agricultural consumer groups who voluntarily request this evaluation.

            Mr. Smith stated that the County will need to enter into some kind of agreement or memorandum of understanding to do this for the Lake Soil and Water Conservation District who will be a sub-recipient of the grant.  The budget amount was increased to $150,000 from $138,960 but the local in-kind match did not change.  The program will be housed at the Lake Soil and Water Conservation District Office off of David Walker Road.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request by Lake Soil and Water Conservation District for Lake County to assist with the administration of the grant they have received to operate a Mobile Irrigation Lab Program, in the budget amount of $150,000, as noted.


            Ms. Amye King, Deputy Director of Growth Management, presented to the Board the proposed Lady Lake Joint Planning Area (JPA) Agreement and map.  The Lady Lake Town Commission approved this Agreement and the Boundary on January 5, 2006; the Local Planning Agency (LPA) recommended it for adoption on February 16, 2006.  Ms. King introduced Bill Vance, Town Manager, and Larry Gregan, Growth Management Director of Lady Lake.   She explained that this Agreement ensures responsible development that performs for Lady Lake and ultimately for all of Lake County, and it is about cooperation, coordination and communication.

            Mr. Vance, Town Manager, stated that they are very proud to be on the Lake County team; they are a proponent of responsible development; they look to anticipate what the future is going to call for in advance of it getting here; they understand that maintaining positive and effective lines of communication with the County is essential in doing that; they have an excellent relationship with County staff; and they want to maintain that relationship with staff and the Board of County Commissioners.  The Agreement ensures that both have shared responsibilities to maintain effective lines of communication; it is a flexible document; it can be amended as times change; the Town of Lady Lake has endorsed this Agreement; the LPA has endorsed it; and Mr. Vance stated that he hopes the Board can endorse it.

            Commr. Stivender stated that their boundaries include Marion County and Sumter County, and she wanted to know where they were in relation to Fruitland Park.

            Mr. Vance explained that Lake Ella Road is the understood dividing line, and now it will be formally understood; before that, the Town of Lady Lake and the Town of Fruitland Park had an informal understanding that they were going to take land uses south of Lake Ella Road, and Lady Lake would take care of those to the north of Lake Ella Road; now it shows on the map.  It is his understanding that Fruitland Park is very aware of what is going on and, historically, this was their understanding between the towns.

            Commr. Cadwell stated that he appreciates a realistic JPA because, when this started, he was concerned especially about what was going to happen to the east, and he thinks the Town of Lady Lake has done a great job, along with County staff, in having a realistic area, and he really appreciates their efforts.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from Growth Management for adoption of the Lady Lake Joint Planning Area (JPA) Agreement and Boundary.

            ADDENDUM NO. 1

            OTHER BUSINESS


            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the reappointment of Betty Graham to the vacant “Resident who is a concerned citizen for affordable housing” position on the Affordable Housing Advisory Committee, and Resolution 2006-42.


            Ms. Catherine Thomas, Founder and Executive Director, A-CLASS of Lake County, Florida, Inc., stated that Lake County falls just under the average number of drownings per year; 2.6 per 1,000 capita is the State average.  They do not have a major trauma center in Lake County, and a lot of these critical near drowning cases are flown out to other areas.  Their efforts are revolving around several areas, drowning prevention, education and awareness, and programs throughout the municipalities and throughout Lake County, and bringing together the resources that are required to do a good data check on true numbers to be sure that they are reaching all of the high risk age groups that this affects.  She stated that drowning is primarily the number one cause of death for children zero to four years old; another rising trend is in the 13 to 17 year olds.   The Drowning Prevention Month in May 2006 is going to involve their organization engaging each of the municipalities and other various agencies and organizations that would be willing to put on any type of drowning prevention activity.  Their goal and dream is to see a blanket of drowning prevention activities going on throughout the County.

            Commr. Cadwell asked Ms. Thomas to let the Board know when these activities take place so that they can get the information on the County’s web site and announce it at their meetings.

            Ms. Thomas stated that they will be sending letters to each of the municipalities asking them for their involvement and, as they respond with their activities, they will forward that information to the Board so they can get proper publicity and marketing of those activities.

            Commr. Stivender stated that, with the Sheriff’s Services Network, Lori Humphrey was a tremendous help in getting Ms. Thomas to the right contacts to move forward with this item.

            Commr. Hanson read Proclamation 2006-30 that was approved by the Board on February 28, 2006 and presented it to Ms. Thomas.


            Ms. Cindy Hall, County Manager, asked the newly named Special Thanks and Recognition (STAR) Team to come forward.  She introduced Debra Kohler, the Chairman of this committee and stated that she would be introducing the rest of the members of that committee and making a presentation that the committee has been working on for a number of months.

            Ms. Debra Kohler addressed the Board and introduced the following members of the team:  Marsha Johnson, Stephanie Glass, Cindy Heffler, Lori Conway, Anna Lawver (not present), Miriam Nan, and Beverly Amerson.   Ms. Kohler presented a power point presentation noting that last year, the Rewards and Recognition (R&R) Team was charged with a task of redesigning the Rewards and Recognition Program.  Their goal was to create a program that would meet the strengths and skills of Lake County employees, and the program kick-off will be on April 1, 2006.  Ms. Kohler explained the three categories they identified, formal recognition, informal recognition, and special activities including Fresh Ideas Start Here (F.I.S.H.) Award and Together Everyone Achieves More (T.E.A.M) Award and explained what each has to offer the employee.  They also added a couple of new awards, the Community Service Award, and the Excellence in Customer Service Award, both to be given annually.  They also have the Service Recognition and Retirement category; a S.T.A.R. point coupon; and special activities that would include providing additional means for recognizing employment contributions not covered by other S.T.A.R. program components.

            Commr. Stivender stated that the program looks great and it has their heart and their ideas of the employees, and that is what she likes about it.

            Commr. Hanson stated that staff has done an awful lot of work, and she really appreciates the Community Service part of it, because she knows that so many of their employees contribute a great deal outside of their position with the County.

            Commr. Stivender pointed out that it shows that the recognition will be in the rotunda but she wanted to know if it would be more appropriate to do it when the Board has their annual volunteer banquet at Lake Receptions, so that the employee(s) are honored in front of everyone.

            After some discussion, Commr. Cadwell stated that the idea was to do it here in the rotunda, so the other employees could participate and their peers can be here.

            Commr. Stivender felt that individuals would go to the volunteer reception after the ceremony in the rotunda, but Commr. Cadwell agreed with the committee’s recommendation.

            Commr. Hanson noted that exposure on the internet would also be very good.

            Ms. Hall stated that this program will be kicked off on April 1, 2006 and they will be distributing the S.T.A.R. point booklets to the different departments.  Staff would like a consensus of the Board to move forward with the program.

            It was the consensus of the Board that staff proceeds with this item.

            OTHER BUSINESS


            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for appointment of Judge Terry Neal to represent the Chief County Judge position on the Public Safety Coordinating Council.


            Mr. Sandy Minkoff, County Attorney, explained the request for approval of two County properties, one being the Mascotte barn; one being the Old Health Department storage building in Umatilla.  With the help of the Procurement Department, staff talked to their outside appraiser and got some ideas for minimum bids in these properties, as noted, and staff is recommending approval of the sales.

            Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve and award bids to the highest bidders for county owned property declared surplus and execution of deeds, as follows:

Alternate Key 1384257 – the previous maintenance barn located at the SE corner of SR 50 and American Legion Road in Mascotte (high bid - $277,000)


Alternate Key 1201586 – is the former County storage facility located at 582 Umatilla Boulevard in Umatilla (high bid - $168,000)


            Under discussion, Commr. Stivender asked where the money goes after the sales, and Ms. Cindy Hall, County Manager, noted that it goes into the General Fund.

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


            PIG ON THE POND

            Commr. Pool congratulated those involved with the Pig on the Pond event in South Lake County, which was a very big success noting that it helps their community in a big way.

            VOICE MEETING

            Commr. Pool reported that yesterday he attended the Voters Organization Involved in Children’s Education (VOICE) meeting in Tallahassee, and he wanted to let them know that they have a lot of good legislators who were very attentive and spent time with them.  He stated that clearly the message is they need funding for high growth counties; Lake County does qualify and should qualify; and the formula needs to be changed so that they can provide for their student stations and build the schools that are needed.  He stated that counties like Lake, Polk, Hernando, and Osceola should all qualify, and they are working hard to come up with a formula that will help them.  He applauds their efforts, and the efforts of VOICE, and they need to continue to support their efforts to bring back dollars for education for their children.

            Commr. Hanson extended her thanks to Commr. Pool for being there, and for representing Lake County.



            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the execution of Proclamation 2006-40 declaring the week of April 2 through 8, 2006 as Boys and Girls Clubs Week in Lake County.



            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 2006-41 proclaiming April 23-29, 2006 as National County Government Week.


            Commr. Cadwell stated that he would like the Board to ask the Chairman to write a letter to the Governor’s Office commending him on including an additional $7.7 million in Medicaid non-emergency transportation, which will help a lot with transportation disadvantaged.  He explained that the County runs out of those dollars very quickly every year and this is really going to help.  He stated that they are doing that through the Florida Association of Counties (FAC), and he would like the County to do that also.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to place on the agenda the request, as stated above, for Board action.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved for the Chairman to write a letter to the Governor’s Office commending him on including an additional $7.7 million in Medicaid non-emergency transportation, which will help with transportation disadvantaged.


            Commr. Cadwell stated that, in traveling around the State this year, the Board would not believe the people that have mentioned what Lake County’s web site looks like compared to theirs and to other businesses, and he gets comments in the County and out of the County on what a great web site it is.  He wanted to say publicly that it makes him very proud when folks talk about Lake County, and its great web site, and he will put this in writing to Cindy Hall, County Manager.



            Commr. Hanson stated that she would like to discuss funding for the University of Central Florida’s proposed Medical School.  The backup shows what other counties have done; Osceola County and Seminole County have each committed $100,000; Volusia County and Brevard County are still waiting as they go through their budget process; and Orange County and Orlando have both agreed significant contributions.

            Commr. Cadwell stated that, with the relationship that Lake Sumter Community College (LSCC) has with UCF and their two-by-two programs, and the need in this County for health care professionals, they should participate.  He thinks it would be a plus for Lake County and their citizens, and they should do the same as Osceola County and Seminole County.

            Ms. Cindy Hall, County Manager, stated that she believes it would be possible for the Board to make a $100,000 contribution.  At mid-year, they are expecting to have a little additional money to put into the budget, so perhaps they can take it from that source.

            Commr. Hanson wanted to know if UCF was looking at potential contributions from the cities in those counties that have contributed because they may want to request some support from the cities.  It was noted that this information was not available.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved a $100,000 contribution towards the proposed UCF Medical School.


            Commr. Hanson stated that there has been a lot of concern about the federal land sales, and some of those are in Lake County, one being the Ocala National Forest.  She would like to see the Board develop a Resolution asking that those properties not be sold as surplus properties, because she can foresee the one in the Ocala National Forest being sold cheaply and, because it is on the river, it is probably going to be very valuable.

            Commr. Hill stated that she has talked to Sandy Minkoff, County Attorney, about this issue, and he thought there was a Resolution coming forward to that affect.

            Commr. Hanson stated that this item was discussed in the Public Land Acquisition Advisory Committee (PLAAC) meeting.

            Commr. Cadwell wanted to know if it would be appropriate to put in the Resolution that the Board hopes they do not sell the property but, if they do, that local government would have the first right of refusal or something like that.

            Mr. Minkoff noted that this would not be unrealistic and this item was moving forward through the County Attorney’s Office.

            Mr. David Hansen, Public Lands Manager, stated that there are 23 acres that are being considered and he found the parcels listed on the USDA web site.  The larger of the two is on Alco Road across the street from the County Park; another parcel is to the west; 23 acres total.

            Commr. Cadwell stressed that these are not park lands, they are forestry lands and, as far as Lake County is concerned, he thinks that they should take a stand on this issue.

            Mr. Minkoff noted that he and Cindy Hall, County Manager, will bring a Resolution back to the Board.



            Commr. Pool failed to mention earlier that the Sheriff’s Department had also participated at the Pig on the Pond event, and he wanted to extend his thanks to them at this time.


            Federal Land Sales

            Mr. Roy Hunter addressed the Board and stated that he talked to Keith Schue with Nature Conservancy last night, and Mr. Schue asked him to pay special attention to thoughts that the Board might have about the federal land sales.  He knows that Mr. Schue will be pleased to hear what the Board had to say today and noted that they all feel the same way.

            Emergency Preparedness/Help Save a Life/Medicaid Patients

            Mr. Hunter stated that on March 23, 2006, Helena Osborne-Ponsi, Volunteer Coordinator, and Lake County government will be making a presentation at their community meeting on Emergency Preparedness, and everyone is invited to attend.  He noted that this will back up his idea about buying an extra canned good or two every time you go to the grocery store, so that everyone will be prepared for any emergency.

            Mr. Hunter stated that they are trying to get people to donate cellular phones to Help Save a Life for individuals who need them in emergency situations; they will be used to dial 911 only; and you can drop them off at the Paisley Library or Spring Creek School.

            In regards to medical assistance in the County, Mr. Hunter informed the Board that there is no orthopedic doctor in the County that will take a Medicaid patient.  He stated that they need more health care in the County for indigent people, and they need the health clinic in Umatilla.

            Commr. Cadwell explained that there was some concern about the Mobile Health Unit, and he explained to Mr. Hunter that this was a work in progress; they are going to be moving that unit around until they find where it ought to be.  They are also trying to look at some assistance for the school in that area in regards to emergency preparedness and perhaps a generator.

            Commr. Hanson stated that the emergency folks in the County met a couple of weeks ago, and there is a plan particularly dealing with pandemic situations.   A summit is being planned early in the summer.

            Mr. Hunter stated that hurricane season starts June 1st and people should be getting extra supplies together now and establishing a food bank in their own home.

            Health Care/Road Projects/ Lake Mack Park/Liquid Soil/Community Meeting

            Travis Whigham, President of the Forest Hills Association and a member of the Chamber of Commerce, addressed the Board and stated that there is no health department, or any place for someone to see a doctor in Northeast Lake County.  Also they are still in need of getting the Jewel Drive road project started and completed; they need fire protection and police protection; and this road will bring those services that much closer to the residents in the Forest Hills/Lake Mack area.  He is also trying to get improvements in the Lake Mack Park, so that kids have something to do during the summer.  He also told the Board about a trailer that burnt down and how the response time was very poor; an ambulance was there within 14 minutes but according to all of the residents, the fire response was about 30 minutes because they were lost. The rent from the mobile home was the woman’s only source of income, so that she could stay home with her disabled husband, and the trailer was totally destroyed.  He asked if there was anyway possible that Lake County government could help her get another trailer or something.

            Commr. Hanson asked Mr. Whigham to get with Fletcher Smith, Director of Community Services, to see if there is anything the County can do to help the woman.

            Mr. Whigham also told the Board about liquid soil and noted that there will be a community meeting on March 21, 2006 at the Forest Hills/Lake Mack Fire Station at 6:30 p.m.

            Animal Ordinance/Umatilla

            Bonnie McCain addressed the Board and stated that she lives between Eustis and Umatilla, and she is here today to discuss the “Cat Lady” of Umatilla, Cathy Harris, who has nine cats.  Ms. McCain stated that there is a County Ordinance in place that has been loosely enforced for many years, and it says that a citizen is only permitted to have four cats and four dogs per household.  A 90 day extension to comply was provided and Ms. Harris has been given until May 7, 2006 to reduce the number of cats to four, but it is a problem because some of the cats are very old.  She realizes that Animal Control is enforcing the rules, and Marjorie Boyd, Animal Control Director, has received dozens of phone calls about Ms. Harris’ cats.  Ms. McCain stated that she is here to ask the Board if they can find an exception to the Ordinance.  She noted that they have a petition with 60 signatures from the lady’s neighbors, and a letter from her veterinarian certifying that all of her cats are in good health.

            Mr. Sandy Minkoff, County Attorney, explained that, if you are in the County, you can obtain a Conditional Use Permit (CUP) to operate a kennel, but Ms. Harris lives in the City of Umatilla.

            Commr. Cadwell explained that the City of Umatilla has control of land use issues; the County has an interlocal agreement with the City for animal control.

            Mr. Minkoff explained that, when the County enters into the interlocal agreements with the cities to provide animal control, the cities agree to adopt the County’s rules and regulations.

            Discussion occurred regarding whether Ms. Harris’ animals have been spayed or neutered; and Ms. Harris explained that half of them have been. She has lived in her house for 23 years, and she is willing to go by all of the rules and will contain her cats in her house and have them all spayed and neutered.  A complaint was made by a lady that had given her a cat.

            Mr. Minkoff stated that he and Gary Kaiser, Director of Public Safety, will work with the City of Umatilla and bring back a solution to the Board.  They have given her a grace period at this point; they are not taking any enforcement action so they have some time.


            Gary Kaiser, Director of Public Safety, stated that he would like to clarify a statement that has been repeated twice about the response time to the emergency that Mr. Travis Whigham referred to in the Forest Hills/Lake Mack area.  He stated that those times are documented by Lake Sumter EMS, and they were on the scene in 14 minutes; no one was lost; and they had units coming from three different directions.


            At 10:10 a.m., Commr. Hanson announced that the Board will recess this meeting and will meet at 10:30 a.m. in the Training Room for the work sessions.  The items were shown on the agenda for 11 a.m. but, because they are not advertised public hearings, the Chairman is able to adjust the time according to the Board’s schedule.



Commr. Hanson reconvened the meeting at 10:30 a.m., in the Training Room, and it was noted that all Commissioners were present, as well as the following individuals:  Jim Stivender, Director of Public Works; Fred Schneider, Director of Engineering; T. J. Fish, Executive Director, Lake Sumter Metropolitan Planning Organization (MPO); Gregg Welstead, Deputy County Manager; Amye King, Deputy Director of Growth Management; Sandy Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Toni M. Riggs, Deputy Clerk.

            Mr. Jim Stivender, Director of Public Works, explained that the Safe, Accountable, Flexible, Efficient Transportation Equity Act - A Legacy for Users (SAFETEALU) authorizes federal transit and highway programs through Fiscal Year (FY) 2009.  Staff has presented a list of 2006 State and Federal Funding Recommendations and priorities, and Mr. Stivender and Mr. Fish, Executive Director, MPO, reviewed detailed information on the following:

General State Facility Priorities

Priority #1:      US 441 (Multiple segments, Leesburg to Lady Lake)

Priority #2:      SR 50 (Hancock Road west to Bloxham Avenue)

Priority #3:      SR 44 (US 441 north to CR 44-B)

Priority #4:      SR 19 (Corridor Study from US 441 to Tavares to US 27/Turnpike in Groveland)


County Incentive Grant Program

Priority #1:      CR 470/48 (US 27 west to Turnpike)

Priority #2:      CR 44 (west of SR 19)

Priority #3:      CR 466-A (US 441 west to Sumter Co. Line)


Transportation Regional Incentive Program (TRIP)

Priority #1:      CR 470/48 (US 27 west to Turnpike)

Priority #2:      CR 466-A (US 441 west to Wildwood)


Strategic Intermodal System

Priority #1:      US 27 south from SR 19 to I-4 (Polk Co.)


State Transportation Surface Enhancement

Priority #1:      South Lake Trail (Phases 3 & 4) – Clermont/Minneola

Priority #2:      Tav-Lee Trail, Phase 2

Priority #3:      Lake Apopka Trail – South Lake to Tav-Lee


Transit Priorities – Federal Funds (5307)

Priority #1:      Mobility Center

Priority #2:      Supplemental Transit Vehicles

Priority #3:      Heavy Duty Bus Lift

Priority #4:      Bus Shelters and Signs

Priority #5:      Ten cut-away buses

Priority #6:      Trapeze Scheduling Software


            Commr. Hill knew that staff was having some conversations with Minneola and going to their meetings regarding Priority #1 under TRIP, the CR 470/48 (US 27 west to Turnpike), and she wanted to know how this was coming along.

            Mr. Stivender stated that he will be meeting with Minneola this afternoon but noted that this project is so far behind the other projects, and a lot of work needs to be done.  Staff is proposing to Minneola that the County manage the PD&E for the corridor study, which will be funded through impact fees.  He stated that Minneola will have a lot of decision making on it, and staff will bring it back to the Board.  As noted, this is an area where potential developer contributions would work very well.

            Mr. Fish stated that the potential TRIP candidate in that area would be the north/south, from Hancock Road up to the new interchange, and from the interchange up through CR 561 through Astatula and Tavares.  In April, this will be one project that staff is going to propose to the MPO Board, to look at CR 561 and CR 44 in that regard, because those are County facilities that are carrying regional traffic; that would be step one and eventually to get them to TRIP funding because, between impact fees and developer contributions, there will be a local match there that can leverage some state funding.

            Commr. Pool pointed out that the Hartwood Marsh corridor cannot be included on the list under the County Incentive Grant Program, because it has already been awarded some dollars.          Mr. Fish stated that, at the West Orange-South Lake Transportation Task Force Meeting, he asked how Orange County stands on Hartwood Marsh Road and why they have not done a PD&E study, and he, in turn, was asked why Lake County does not pay for it.  Mr. Fish explained to them that, if they would show some commitment to it, it would be a TRIP candidate through the Department of Transportation (DOT) for Orange County.

            Commr. Pool wanted to know if there was any Strategic Intermodal System (SIS) funding available because the US 27 corridor is being six-laned currently along the SR 50/US 27 overpass.

            Mr. Fish explained that it was being designed right now; it is very far into design; and if the Board wants him to communicate that interchange for SIS dollars, he will do that because he feels like it would be a reasonable request from this Board.

            Commr. Pool stated that they have a chance today with the widening of SR 50 forthcoming because right-of-way is available and landowners are willing to give that right-of-way for Hooks Street.  It would make sense for Hooks Street to go through and connect to the US 455/Hartle Road scenario.  He stated that they need to take a good look at it, when the right-of-way is available so that dollars would be forthcoming for Hooks Street.

            Mr. Stivender noted that the Board has some rezoning cases coming up and staff is working with the consultant on the scenario that was just explained.  They have been working on all of these other corridors to try and relieve some of the pressure off of SR 50/US 27. 

            Mr. Fish wanted to reiterate the position of the MPO and say that, in regard to the General State Facility Priorities, they are requesting these dollars but will likely not see them in their work program that the State gives them until 2011-2012.  Until there is a local initiative to say that they are going to put some dollars to a state road, that is the time line that they are on right now knowing that the intersection of US 27 and US 441 in Leesburg is going to be likely funded for construction, with the question about the rest of it on up to Lady Lake.  Right now they are just getting money for one construction project a year.

            Mr. Stivender explained that there is a lot of money tied up right now with the Wekiva Study in the Five Year Program; $45 million is designated for projects in that area.  To put that money aside, they had to pull money from other projects throughout Lake County.  They are waiting for that PD&E to come forward because there are a lot of things from that which will affect the US 441 corridor and a lot of segments of County roads all the way to the Wekiva River.

            Mr. Fish stated that, although US 441 has been, for more than a decade, the priority for the County, it is very likely that the unfunded segment of SR 50 from Hancock Road to the interchange will see funding much quicker than some of the segments on US 441.  The DOT district seems very committed to getting those middle segments and outer segments built.

            Mr. Fish addressed County Incentive Grant Program Priority #3, CR 466-A (US 441 west to Sumter County Line) and discussed the possibility of a partnership with Sumter County and Wildwood, because The Villages is putting up $9 million to build a required park, and they are hoping to leverage some money there.

            In regards to the SIS program, Mr. Fish stated that they want to affirm that locally they support them using the SIS money to do that project, US 27 south from SR 19 to I-4 (Polk Co.), because that is the only thing that DOT is actively pursuing with their money.  As far as the South Lake Trail, that has been the top priority for some time.  The DOT is not going to put money into it until they see local commitment to the right-of-way; the CSX offer has been made countywide but that does not necessarily solve the South Lake Trail problem.  They have talked with Groveland through the MPO; they will soon be talking with Mascotte to get their cooperation in obtaining right-of-way.

            In regards to the Transit Priorities, Mr. Fish stated that the #1 priority is requested through their CTC staff to look at funding for a Mobility Center through federal funds with the idea that this could be a co-location of multiple facilities as part of CR 448 complex in South Tavares, which could be cost saving in many areas.  There is some merit to looking at that and, with the land already in ownership that may be the soft match that is required to secure those federal funds; about $7 million.

            Mr. Fish reviewed other Transit Priorities – Federal Funds, with Commr. Cadwell suggesting that he talk to Osceola County, because they have an agreement with a company that builds bus shelters, maintains them, and does everything and generates some revenue for the County.  In continuation of the discussion, Mr. Fish explained that they will receive some money for awhile for the buses, but eventually that is not going to be there, and they will have to look to the County and the cities to fund the operation and maintenance of transit.

            Commr. Cadwell explained that most of the larger MPOs in Florida have their own folks working for them in Washington; he is not sure that their group is ready to do that yet; but maybe they can add the Lake-Sumter MPO to their contract, even though the MPO Board would probably have to agree.

            Mr. Stivender explained that it was their intention to take this list and forward it to their lobbyists with Board approval.

            Mr. Fish stated that the fact that the Board is going through this process, he is hoping that the cities put as much effort into it as well so that they end up with a really thorough list of priorities.  He did talk with Ms. Hall the other day, and he was hoping that the lobbyists in Washington could be a part of their Administrative Services Agreement that the MPO has with the County.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to forward this list, as discussed, to the Lake-Sumter Metropolitan Planning Organization (MPO).


            Mr. Sandy Minkoff, County Attorney, noted that, before them today, the Board has a completed draft agreement and as many options as possible.  The planners are working on the data analysis and how these options work together.  He stated that they did copy a lot of it from Hillsborough County.  They will meet with the elected officials on Thursday; the School Board and the city working group have discussed this and have ideas on it.  They have talked to Commr. Hanson, and Steve Johnson, Attorney representing the School Board, has talked with Chairman Jimmy Conner, and they are not going to have Bob Nabors, Nabors, Giblin & Nickerson, at that meeting.  Their goal is to come up with an agreement that they can get consensus approval at that meeting to send to the Department of Community Affairs (DCA).  He noted that the meeting will start at 1 p.m. at Lake Receptions.

            Commr. Hanson noted that Jerry Cox, consultant for the cities, is here today, and Harry Fix, Director of Growth Planning, Lake County School Board.

            Mr. Gregg Welstead, Deputy County Manager, stated that one of the things that they had issues with all along was what the real numbers are at the schools; number of portables; number of students attending; number of students in portables.  He presented everyone with the 2005/06 Enrollment to Capacity Comparison (Working Draft 02/27/06), which he is comfortable with at this time noting that it is probably as accurate as they are going to get to base their plan on.  The second sheet is a five year work plan for the school district, which shows when the new facilities are coming on line, and it shows whether they are funded or unfunded.

            Mr. Minkoff suggested that they go through the agreement page by page and, when they come to an item that says see options, they need to make a choice. He began the discussion with Page 5 – Section 1.1 Joint Meetings, which has three options and noting that option four was rejected because of Sunshine Law issues.  Mr. Minkoff pointed out that the Lake County Educational Concurrency Review Committee will be subject to the Sunshine Law.

            Discussion occurred regarding the options being presented, with the Board members finding Option One to be the most favorable one, with nine citizen members, three chosen by the School Board, three chosen by the Board, and three chosen by the League of Cities.

.           Mr. Minkoff explained that Section 1.3 is data production and projections; the School Board will be responsible to develop School Board type data; the County will be responsible to develop general population data; and the Educational Concurrency Review Committee will be reviewing that information.

            Mr. Welstead explained that everyone agreed that, with the first five year period, the population projection should be the enrollment projections of the School Board; they would use a student generation rate based on population figures the remaining period of the 20 years.

            Mr. Minkoff noted that there were no options for Section 1.4; in regards to Section 1.5, it is the same co-location and shared use language that the Board saw at the last two meetings.  His understanding is the cities are now amenable to the language and, hopefully there are no problems with that language.  In Section 2, Planning Process, it is a School Board responsibility to conduct these activities, but the process that is written has them provide information to all of the other governments for comment and input as they develop their educational plan survey and their district plans, which are statutorily required.  He noted that there really is not a lot of controversy in Section 2, until you get to Page 9, Section 2.4 involving school location.  He really did not think there were any issues in the beginning paragraph, or any significant issues in 2.5, things that they would consider when evaluating new school sites.  It was noted that most of these come out of the State requirements for school sites.  He also discussed the factors noted in Section 2.5.

            Discussion occurred regarding Section 3, zoning categories, and the seven options that were supplied in relation to this section.  Mr. Minkoff noted that Option Seven could be used with any of the other six and that would require the School Board to enter into an agreement with any local government that the School Board expected would have to provide infrastructure to the school before they purchased it; that would help ensure that the adequate facilities would be there.

            Commr. Cadwell pointed out that Option Four is what they are doing now, and he had suggested the this same option but saying that only elementary and middle schools would go before this committee; not high schools.

            Commr. Hill personally liked Option Six and including Option Seven; Mr. Minkoff explained that Option 7 does not say that the School Board has to pay for infrastructure; it just says that they have to have an agreement so it identifies who pays for it.

            Mr. Jerry Cox, consultant for the cities, stated that the cities wanted Option Seven followed by Option Four.  He attended the School Board workshop yesterday, and it was his interpretation from that meeting that they are not going to agree to anything that requires them to do it prior to purchase; their position was that sometimes they receive donations and then there are timing issues.

            Mr. Minkoff referred back to the co-location section, and the fact that they will have quarterly staff meetings.  As they start thinking about making new improvements or buying new facilities, they are all going to talk to each other so, at a staff level, they should know these things and, even without that section of the agreement, it may be that a lot of these infrastructure issues can be worked out before hand by talking to each other.  Under the agreement, before the School Board buys a site, they are supposed to be talking to them to see if they can co-locate a park or something else at that site.

            Commr. Cadwell suggested that they offer Option Four first and, if they do not agree, then they can modify it and say that they will take the elementary and middle schools out and they would go before that committee with a city person from that zone, one County person, and one School Board person, but they would not have to come to zoning.

            Mr. Minkoff noted that there was not a lot of discussion at their level on Section 4 about the site development plan.  They may hear from the School Board because he is not sure that they think they should have to go through their Development Review Staff (DRS), but he hopes those will not be big issues.

            Commr. Stivender stated that the portables right now do not go through any process whatsoever.  If they decide on the ones that are pre-fabricated with concrete, they are actually permanent, yet they call them portables, and she wanted to know how they would address those.

            Mr. Welstead explained that the School Board has their own building department, so they can handle all of their buildings; what is important here is site review.  In regards to the DRS process, Mr. Welstead explained that the most important part would be transportation; getting folks in and out of the site.

            Mr. Stivender stated that the number one transportation issue with all sites, especially with elementary schools, is the traffic, the drop-off; there is not enough staging area on their sites; and it ends up involving the roadways, which can become a big issue.

            Commr. Cadwell suggested, under the County’s review process that they include for the Board to expedite any school site that comes forward; maybe add some language to say that any projects that come forward will be fast-tracked through DRS.

            Mr. Minkoff pointed out that the proposed language in Section 4 requires a 45 day approval which is a pretty fast-tracked through DRS.  It was pointed out that, with some of the things, they could come in once and designate an area for portable classrooms and that would be acceptable.

            Mr. Minkoff addressed Section 5 and stated that they start out by saying that any changes to the seven items that are listed there would have to go through a dispute resolution type process.  Section 5.1.1 talks about the dispute resolution process and how they would work through that; if one of them wanted to change the level of service or change a concurrency service area, this sets forth how they would do that and go forward; 5.1.2 and 5.1.3 say that they are going to go forward and adopt the Comprehensive Plan amendments and the Land Development Regulations (LDRs) necessary to implement this agreement; 5.1.4 is the five year facilities work program and basically everyone agrees to them and they are not controversial areas.  In regards to Section 5.2 level of service standards, staff presented six options for discussion, and Mr. Minkoff summarized each of them.

            Mr. Cox explained that he and Mr. Fix have been talking about a couple of problems that no one has anticipated and that is the natural growth of the school until you build another school.  If they count everything as capacity for concurrency and do not give the School Board some flexibility to go a little bit beyond that so that they can build the next school, then you have got a real problem.

            Mr. Minkoff clarified that what this agreement requires all of them to do is to adopt an ordinance which basically says that, prior to getting final plat approval, you will go to the School Board and get a concurrency certificate; the School Board will look at the development, anticipate the number of kids that will come from that development, see what schools they would go to, and determine if there was capacity or not and, if there is capacity, then they will give them the certificate.  If there is not capacity, they will not give them the certificate and they will say that they cannot have the certificate unless they provide them with what they need to take care of these kids.  He noted that portables are not allowed to be used as mitigation.  He further explained that, if they set the capacity at 100% of Florida Inventory of School Houses (FISH), and a school has more than that, then they do not get the concurrency certificate; they have to do proportionate share mitigation; and if they cannot come to an agreement with the School Board, they do not get to record their plat.  If they increase the capacity by saying 150% of FISH, then it will be easier for people to get those concurrency certificates, but there is a connection directly between the adopted level of service and the actual number of kids in the school, as he explained.  He noted that impact fees can be used to create new classroom seats or new capacity.

            Mr. Welstead presented a handout that showed six plats that were approved last year; it was noted as Option 1: 100% FISH; and he presented several other handouts that they discussed at this time.

            Mr. Minkoff explained that, as another point, they look at concurrency three years out so, if there are projects that are under construction or planned for construction, they count them.  Concurrency will also require them to look at things that have already been approved in the past that they expect to come on line in three years.  In looking at the information, it has come apparent to him that just adopting a higher level of service is foolhardy because it ends up degrading all of the schools, because of the adjacent attendance zone.

            Discussion occurred regarding the shifting of students, with Mr. Minkoff explaining that they may not be shifted at all because the School Board may run them in the school where it is over capacity; he reminded the Board that they are only talking about concurrency certificates; they are not talking about the way the school has to operate.

            Mr. Minkoff stated that he thinks the School Board is basically agreeable to the city position on the 100% of FISH plus using dining capacity but limiting portables in some way.  He noted that the big caveat is financial feasibility, so there may have to be this tiered system, which may take some time to meet countywide.  He explained that, for this gap, it is what has to become financially feasible. because you anticipate the new people paying their share either through impact fees or mitigation, but there has to be a financially feasible plan to close the gap to the level of service that you adopt.

            Mr. Minkoff referred to Page 13, Section 5.5 which starts out with exemptions, as noted, and he reminded the Board that these are exempt from concurrency but they are not exempt from the record keeping so, when a new development comes in, the School Board still has to include those kids in their student projections for the schools that those kids would go to for concurrency for everybody else.  In 5.5.2, as he indicated to them previously, when someone comes in with a plat, they send them to the School Board, and the School Board makes the determination as to whether or not there is capacity; if there is not capacity, then it is up to the School Board totally for them to agree to the mitigation; the Board is completely out of that loop.  In terms of looking at their processes, the Board could grant people rezonings all day long because zoning does not vest anything; it is all keyed to plat approval.  He also noted Chapter 164, Florida Statutes, refers to the dispute resolution.

            Mr. Minkoff stated that their goal at the end of the meeting on Thursday is to have a consensus vote to say send the agreed upon document to DCA.

            Mr. Welstead noted that staff has a draft data inventory and analysis that is part of that packet.

            Mr. Minkoff stated that, at the meeting on Thursday, not all of the cities will be represented there.  He is sure there will be more changes to the language, but they are hoping to have a draft consensus to say this is something they would like to send to DCA.

            Commr. Hill referred back to 3.1 and the options on the zoning aspect and stated that the reason she likes option six is because she thinks everybody understands the rules and regulations, and they are going to set forth those within the document; with a special master, they would look at the law and every aspect of that and send it forward to them; and she does not see that there would be a problem with that other than public participation.  She stated that it would then come back to the Board for a final decision, something that would be similar to what they do with the Value Adjustment Board (VAB).

            Commr. Hanson announced that the next meeting on school concurrency will be Thursday, at 1 p.m., Lake Receptions.


            There being no further business to be brought to the attention of the Board, the meeting adjourned at 12:20 p.m.