A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MAY 16, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, May 16, 2006, 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: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Debbie Stivender; Jennifer Hill; 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; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

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

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that she would like to pull Tab 21, a request from Procurement Services for approval of the contract for the Construction Manager for the renovation of the Judicial Center, Detention Center, Energy Plant, Multi-Level Parking Garage, Tax Collector, and Property Appraiser buildings, until a later date. She stated that there was an Addendum No. 1 to the Agenda, containing three items, one under the County Manager’s Consent Agenda, being a request from Public Safety for approval to enter into an agreement for renting tower space on the American Towers, Inc. tower, for the countywide radio system; one under the County Manager’s Departmental Business, being a request from Public Works for approval to proceed with the Letter of Map Revision for the Lake Mack study area, and authorization to set aside funds for the purchase of homes in the floodplain over the next five years; and the last one under Reports, being a request from the Chairman to appoint a County Commissioner to the Lake County Canvassing Board.

Mr. Sandy Minkoff, County Attorney, stated that he would like to add an item to the Agenda that would require a vote by the Board, being a request for approval of an agreement between Lake County and the St. John Free Methodist Church, in Tavares, for parking spaces near the Lake County Judicial Center.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

MINUTES

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of February 28, 2006 (Regular Meeting), as presented.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 17, 2006 (Special Joint Meeting – Minneola City Council), 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 April 25, 2006 (Special Joint Meeting – School Board/Municipalities), as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Contractor Bonds

Request to approve Contractor Bonds – New, Surety Rider, and Cancellation, as follows:

New

6164-06 Curtis Sponer d/b/a Design Electrical Contracting, Inc.

6474-06 Frank L. Dalrymple, Jr. d/b/a Rusty Irrigation, Inc.

6475-06 Bryan M. Pusatere d/b/a A-F-T Signs of Brevard County, Inc.

6476-06 Patrick A. Jorgensen d/b/a Outdoor Services, Inc.

6477-06 John M. Andrews d/b/a Fiber-Net, Inc.

6478-06 Alex Peters d/b/a API Electrical Services, Inc.

Surety Rider

5642-06 Change John M. Smith d/b/a Smith Roofing to J. M. Smith Roofing, Inc.

Cancellation

5856-06 John Lawson d/b/a Select Concrete, Inc.

Unclaimed Excess Proceeds for Tax Deeds

Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $59,443.59.

List of Warrants

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

Southwest Florida Water Management District Governing Board Meeting Agenda

and Approved Minutes

Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for April 25-26, 2006, to be held at 9:00 a.m., at 2379 Broad Street, Brooksville, Florida 34604-6899; and Approved Minutes of the Meeting of the Governing Board held on February 21, 2006.

Financial Audit of Lake-Sumter Community College for Fiscal Year Ended June 30,

2005, from the Auditor General, State of Florida

Request to acknowledge receipt of Report No. 2006-170, a Financial Audit of Lake-Sumter Community College, for the fiscal year ended June 30, 2005, from the Auditor General, State of Florida.

Comprehensive Annual Financial Report from City of Clermont for Fiscal Year

Ended September 30, 2005

Request to acknowledge receipt of Comprehensive Annual Financial Report from the City of Clermont, for the fiscal year ended September 30, 2005, in accordance with Section 163.387(8) of the Florida Statutes.

Ordinances from Town of Lady Lake

Request to acknowledge receipt of Ordinances received from the Town of Lady Lake, Florida, as follows:

Ordinance No. 2005-53 (Small Scale FLUM Amendment)

Ordinance No. 2005-54 (Rezoning from RS-3 to RS-6)

Ordinance No. 2006-01 (Annexing Property into Town of Lady Lake Limits)

Ordinance No. 2006-02 (Small Scale FLUM Amendment)

Ordinance No. 2006-03 (Rezoning from A to RS-6)

Ordinance No. 2006-04 (Rezoning from PUD, as set forth in Ordinance No. 97-08, to PUD, as set forth herein)

Ordinance No. 2006-05 (Small Scale FLUM Amendment)

Ordinance No. 2006-06 (Rezoning from AG-1 to CP)

Ordinance No. 2006-07 (Small Scale FLUM Amendment)

Ordinance No. 2006-08 (Rezoning from MX-5 to LC)

Ordinance No. 2006-09 (Small Scale FLUM Amendment)

Ordinance No. 2006-10 (Rezoning from RP to LC)

Ordinance No. 2006-20 (Establishing Public Service Natural Gas Tax Rate)

COUNTY MANAGER’S CONSENT AGENDA

Mr. Sandy Minkoff, County Attorney, informed the Board that, with regard to Tab 9, under the County Manager’s Consent Agenda, his daughter is an engineering intern with Dyer, Riddle, Mills & Precourt, Inc. (DRMP), in Jacksonville. He stated that he was not aware, until he looked at the Agenda item, that there was a connection between his daughter and this request.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Budget

Budget Transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division, Facilities Services Section. Transfer $31,000.00 from Facilities Repair and Maintenance to Repair and Maintenance. Funds are needed for start-up costs for a new lawn maintenance contract. At the beginning of a new lawn maintenance contract, the new vendor is allowed a one-time “clean-up” charge to bring the facilities up to an acceptable condition. They are also allowed a one-time charge for the mulch condition. After this one-time charge, the vendor is responsible. Funds are available in Facilities Repair and Maintenance.

Budget Transfer – County Transportation Trust Fund, Department of Public Works, Road Operations Division. Transfer $306,910.00 from Contractual Services ($13,860.00) and Road Repair and Maintenance ($293,050.00) to Repair and Maintenance. County Finance processed a change order moving expenditures of $13,860.00 from Contractual Services to Repair and Maintenance. This transfer would move the funds. Funds available in Contractual Services. Additional funds of $293,050.00 are needed to cover fleet maintenance costs and expenses for the balance of the fiscal year, due to unusually high costs for fleet maintenance of the program’s vehicles and equipment. Funds available in Road Repair and Maintenance.

Budget Transfer – County Library System Fund, Department of Community Services, Library Services Division. Transfer $35,786.00 from Rentals and Leases (Citrus Ridge, Marion Baysinger, East Lake, Paisley, Astor and Cooper libraries) to Books, Publications and Library Materials (Citrus Ridge, Marion Baysinger, East Lake, Paisley, Astor and Cooper libraries). The book lease plans for the Citrus Ridge, Marion Baysinger, East Lake, Paisley, Astor, and Cooper libraries were cancelled. Funds need to be moved to Books, Publications, and Library Materials, to purchase books, in lieu of leasing the books. Funds are available in Rentals and Leases.

Capital Substitution – County Fire Control Fund, Department of Public Safety, Fire Rescue Division. Transfer $63,510.00 from Machinery and Equipment (Homeland Security Grant - $34,510.00, FEMA Grant $12,000.00, Firefighters Assistance Grant - $17,000.00) to Machinery and Equipment (Breathing air compressors - $46,710.00, SCBA fill stations - $16,800.00). Three breathing air compressors and three SCBA fill stations must be purchased to bring the department into consistent statutory compliance with OSHA. Funds are available from monies from grants.

Community Services

Request for approval of the Fiscal Year 2005-06 Community Development Block Grant (CDBG) Partnership Agreement between the Yalaha Community Club, Inc. and the County, in an amount not to exceed $80,000.00, allocating CDBG funds to demolish the old community center and construct a new community center, and to direct the Community Services Department to execute the agreement and oversee completion of the project, as covered in the Scope of Services.

Request for approval of the Fiscal Year 2006-09 Local Housing Assistance Plan; to authorize the Chairman to sign the authorizations; and to direct the Housing & Community Development Division to transmit the Plan to the Florida Housing Finance Corporation; and approval of Resolution No. 2006-82, pertaining to same.

Request for approval of the Acceptance of the Florida Department of Transportation 5310 Grant Award, for five buses.

Request for approval of request to submit Drug Free Communities grant application, made available through the Governor's Office of Drug Control, in the amount of $55,000.00, to implement a Peers Making Peace Program.

Employee Services

Request for approval of an offer to settle Robin McGregor's claim for property damage, subject to the County Attorney's review and approval.

Procurement Services

Request for approval of the contracts with Professional Service Industries, Inc. and Dyer, Riddle, Mills & Precourt, Inc., to provide On Call Construction Inspection Services - RSQ 06-007.

Request for approval to declare items on submitted lists surplus to County needs; authorize the removal of all items on said lists from the County’s official fixed asset inventory system records; and authorize the Procurement Services Director to sign the vehicle titles. The items have been declared surplus by their respective agencies, due to age, wear, and obsolescence.

Public Works

Request for approval of Resolution No. 2006-83, to advertise public hearing for Vacation Petition No. 1081, Milton S. Jennings, Rep. Don Griffey - Griffey Engineering, regarding the request to vacate right of way and cease maintenance on Republic Drive (CR No. 2223); and also vacate Lot Line drainage and utility easements, in the Plat of Lake County Central Park-Phase 2, and in the Home Depot Plat, located in Section 29, Township 21 South, Range 25 East, in the Groveland area – Commission District 3.

Request for approval of Resolution No. 2006-84, to advertise public hearing for Vacation Petition No. 1082, C. David Brown, regarding the request to vacate tracts, lots, and rights of way, in the Plat of Bowman Realty Co., and cease maintenance on South Bradshaw Road (CR No. 0553), located in Section 33, Township 23 South, Range 26 East, in the Clermont area – Commission District 2.

Request for approval of Agreement between Lake County Board of County Commissioners and the Florida Department of Transportation, for the replacement of the Lake Norris Bridge.

Request for approval of an extension, until September 30, 2006, for the Capital Improvement Grant for the City of Clermont.

Request for approval of Agreement between Lake County and the Florida Department of Transportation, for State Highway lighting, maintenance, and compensation between College Drive and Dead River Bridge (US 441); and approval of Resolution No. 2006-85, giving Chairman approval to sign agreement.

Request for approval to accept the final plat for Peggy’s Cove, and all areas dedicated to the public. Peggy's Cove consists of six lots – Commission District 5.

Request for approval to accept the final plat for Blue Spring Reserve, Phase I, and all areas dedicated to the public, as shown on the Blue Spring Reserve, Phase I, final plat; accept a letter of credit, in the amount of $1,682,289.95; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Landquest Group, LLC. Blue Spring Reserve, Phase I, consists of 63 lots – Commission District 3.

Request for approval to release a maintenance bond, in the amount of $32,188.00, posted for Grand Island Oaks, Phase I, which consists of 54 lots – Commission District 5.

Request for approval to accept the final plat for Grand Island Oaks, Phase II, and all areas dedicated to the public, as shown on the Grand Island Oaks, Phase II plat; accept a maintenance bond, in the amount of $38,976.25; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Showcase Homes, Inc.; and execute Resolution No. 2006-86, accepting the following roads into the County Road Maintenance System: Grand Island Oaks Circle (CR 6346A), Tall Oak Court (CR 6346B), and Laurel Crest Court (CR 6346C). Grand Island Oaks, Phase II, consists of 63 lots – Commission District 5.

Tourism and Business Relations

Request for approval to forego the bidding process and contract with Fidelity Press of Orlando, for the production and printing of the July through September, 2006, events guides, at a cost not to exceed $75,000.00; and approval of a transfer of funds from promotional items to printing and binding, in the Tourism Budget, in the amount of $75,000.00.

ADDENDUM NO. 1

COUNTY MANAGER’S CONSENT AGENDA

Public Safety

Request from Public Safety for approval to enter into an agreement for renting tower space on the American Towers, Inc. tower, on Bradshaw Road, for the countywide radio system.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

PUBLIC WORKS

FUNDING MATCH FOR CHILDREN WITH ALL ABILITIES PLAYGROUND

Ms. Emily Lee, Children’s Services Director, addressed the Board and thanked them for supporting this project, noting that the County is still in the process of raising monies for said project. She stated that staff has recently obtained a list of the needed equipment and the costs involved and will be starting a campaign to purchase the equipment, at which time she noted that, when an individual purchases a piece of equipment, a metal plate will be placed on said equipment, identifying who purchased it. She stated that she feels it is going to be a very good campaign for the County, in providing additional funds for the project. She stated that the Children’s Foundation has been working very hard on the project and will be at Lake Idamere Park on Saturday, May 20, 2006, distributing information about it, at which time she introduced members of the Children’s Foundation who were present in the audience. She noted that she has been in touch with Governor Bush’s people and they are planning to attend the ribbon cutting ceremony for the playground, when it is completed.

Mr. T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization, addressed the Board stating that his Leadership Lake County Class of 2005 elected to do a couple of class projects, the first being to purchase three scholarships to the Take Stock in Children Program, and the second being to contribute the remaining funds, in the amount of $3,000.00, to the Balanced Playground effort.

Ms. Lee recognized the Mt. Dora Women’s Club, who also contributed $3,000.00 toward this project. She stated that the Children’s Foundation has raised $70.000.00, thus far, which they will be asking the Board this date to match. She stated that the fund raising continues and they would like to start Phase 2 and build as much as they possibly can.

It was noted that the total cost of the project is estimated to be approximately $1 million.

Ms. Lee recognized Mr. Bobby Bonilla, Parks and Recreation Director, Department of Public Works, for his efforts, noting that he has landscaped the park beautifully and is working hard to make the project a success.

Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that, since Mr. Bonilla came on board with the County six months ago, a lot of things have been accomplished in all the parks in the County. He stated that Mr. Bonilla will be giving the Board a presentation at the Board Retreat scheduled for Friday, May 19, 2006, at which time he will go into more detail about a lot of issues involving various parks throughout the County, and meetings are scheduled to be held with each commissioner, individually, regarding the parks in their areas, as well. He stated that the County has received a grant, in the amount of $200,000.00, as well as donations amounting to $70,000.00 plus, for said park, however, noted that the County needs to get something in the ground right away. He stated that the grant was set up with an in-kind service match, which is fine, the problem is that one cannot build anything with in-kind services – one helps construct, but does not buy anything, which leaves the County is a dilemma. He stated that he spoke with the County Manager approximately one month ago about how the County can obtain a match through the General Fund, to help contribute toward this project and get something rolling. He stated that, with the grant and the $70,000.00 in private donations, it totals to $270,000.00, and staff is asking for matching funds from the General Fund - Special Reserve, which will give them $540,000.00 total to purchase equipment and get it in the ground. He stated that, as more funds come in and more grants can be applied, they will be able to complete the project.

Commr. Stivender questioned whether the $3,000.00 in additional funding received this date, alluded to earlier, could be matched by the County and was informed by Ms. Cindy Hall, County Manager, that she felt it would be possible, bringing the total amount of funding, thus far, to $273,000.00.

Ms. Lee informed the Board that a CD that was put together about the proposed park would be distributed to the Board at the Board Retreat, for their viewing.

Commr. Cadwell stated that there needs to be a commitment from the Board to get this project completed. He stated that the County spends a lot of money on a lot of things, but they need to show the general public that they are committed to this project and get it done

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of a funding match of $273,000.00, and the transfer of $273,000.00 from the General Fund Special Reserve, to match the Land and Water Grant and cash donations; and approval to acquire from Landscape Structures, Inc. the specialized play equipment and the installation of said equipment, with a caveat that, as additional funding comes in, the County will match said funds, in order to get the playground completed, but staff is to bring the amount of the additional funding before the Board each time, before the Board approves to match said funds.

It was noted that staff would put together the entire costs involved for said playground and where all the money is coming from and have something prepared for the Board’s review at the Board Retreat scheduled for Friday, May 19, 2006.

RECESS AND REASSEMBLY

At 9:20 a.m., the Chairman announced that the Board would recess for 10 minutes.

ADDENDUM NO. 1 (CONT’D.)

COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)

PUBLIC WORKS

LETTER OF MAP REVISION (LOMR) FOR LAKE MACK STUDY AREA AND

VOLUNTARY PURCHASE OF HOMES IN FLOODPLAIN OVER NEXT FIVE

YEARS

Mr. Jim Stivender, Jr., Public Works Director, addressed the Board and requested approval to proceed with a Letter of Map Revision (LOMR) for the Lake Mack study area; and authorization to set aside funds, for the purchase of homes in the floodplain, over the next five years.

Ms. Mary Hamilton, Stormwater Project Manager, Department of Public Works, and Mr. David Hamstra, Professional Engineering Consultants, addressed the Board and gave a brief slide presentation on the findings of said study, at which time Ms. Hamilton went through the cost breakdown and what staff has come up with so far, regarding the matter.

Mr. Hamstra noted that, in the Winter of 2002, his firm came on board, to do a detailed study of the Lake Mack area, with the goal of evaluating and coming up with some alternatives to help alleviate the problems in the study area. He stated that they surveyed approximately 85 parcels and identified three mobile homes/homes that are below the predicted flood stage and 17 homes that are within the 18 inch criteria the County has established for free board, and they evaluated two different alternatives – one being a buy out program, to purchase vacant lots and/or homes within the floodplain, and the second being whether or not they could acquire some easements and have some piping work done for long-term maintenance.

Ms. Hamilton stated that, when this study came about in early 2000, during the initial consultation with the Federal Emergency Management Agency (FEMA), staff was told that they needed to go through a Letter of Map Revision for the area; however, on Friday, May 12, 2006, they were told by FEMA that the area in question does not have to go through a formal Letter of Map Revision, which enables the residents to purchase special hazard insurance, for approximately $200 to $300 per year. She stated that staff was proposing a five year buy-out plan, starting with the three homes that are going to flood under any circumstance and the seventeen structures that do not meet the County’s 18” criteria, alluded to earlier, and then to consider some of the vacant lots that are fully in the floodplain that will not be developable and would like some guidance from the Board as to whether to proceed with that route, or whether the Board would prefer that they go with a full blown LOMR. She stated that, either way, they feel they should meet with the residents, to inform them of the situation, and they wanted the Board to be aware of the financial impact that a full blown LOMR would have on the residents, which is $2,000 to $3,000 per year.

Commr. Cadwell stated that the Board needs to realize that the Lake Mack area is never going to get any better and there is nothing the County can do to make it better.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for authorization to set aside funds for the purchase of homes in the floodplain, on a voluntary basis, over the next five year period; and approval to hold a public meeting with the residents, to inform them about what is going on and that it will be a voluntary program and who is going to be impacted.

PUBLIC HEARING

ORDINANCE DISSOLVING SOUTHLAKE COMMUNITY DEVELOPMENT

DISTRICT

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

COUNTY, FLORIDA, DISSOLVING THE "SOUTHLAKE COMMUNITY

DEVELOPMENT DISTRICT," PURSUANT TO CHAPTER 190, FLORIDA

STATUTES; REPEALING ORDINANCE NO. 1992-5, WHICH CREATED THE

"SOUTHLAKE COMMUNITY DEVELOPMENT DISTRICT"; GRANTING THE

PETITION FOR DISSOLUTION OF THE DISTRICT FILED WITH LAKE COUNTY

BY THE BOARD OF SUPERVISORS OF "SOUTHLAKE COMMUNITY

DEVELOPMENT DISTRICT" ACCOMPANIED BY A CERTIFICATE OF

FINANCIAL DISPOSITION STATING THAT THE DISTRICT HAS NO

OUTSTANDING FINANCIAL OBLIGATIONS OR OPERATING OR

MAINTENANCE RESPONSIBILITIES; PROVIDING FOR INCLUSION IN THE

LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING

FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2006-46, Dissolving the Southlake Community Development District, repealing Ordinance 1992-5, as presented.

PUBLIC HEARING

ORDINANCE ADDING EX-OFFICIO, NON-VOTING MILITARY

REPRESENTATIVE TO LOCAL PLANNING AGENCY AND ZONING BOARD

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

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE

COUNTY, FLORIDA; AMENDING CHAPTER 17, LAKE COUNTY CODE,

ENTITLED LOCAL PLANNING AGENCY; AMENDING SECTION 17-3,

ENTITLED MEMBERSHIP; AMENDING SECTION 13.04.02, LAKE COUNTY

CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED

MEMBERSHIP; PROVIDING FOR THE ADDITION OF AN EX OFFICIO, NON-

VOTING MEMBER TO THE LOCAL PLANNING AGENCY AND ZONING

BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN

THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2006-47, Amending Section 17-3 of the Lake County Code, and Section 13.04.02 of the Land Development Regulations, to Add an Ex-Officio, Non-Voting Military Representative to the Local Planning Agency and Zoning Board, as presented.

PUBLIC HEARING

LOT SIZE AND FRONTAGE REQUIREMENTS ORDINANCE

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

AN ORDINANCE OF THE BOARD OF THE COUNTY COMMISSIONERS OF

LAKE COUNTY, FLORIDA; AMENDING SECTION 15.02.01, TABLE 15.02.01A,

LOT SIZE AND FRONTAGE REQUIREMENTS, TO STATE 21,780 SQUARE FEET

INSTEAD OF 21,780 ACRES IN ZONING DISTRICT R-2; PROVIDING FOR

INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING

FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

No one was present in opposition to the request.

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

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the first reading of the Ordinance Amending Land Development Regulations, Section 15.02.01, Table 15.02.01A, Lot Size and Frontage Requirements, to state 21,780 Square Feet as the Minimum Lot Size Requirement in District R-2, rather than 21, 780 acres. The second reading is to be held at a later date.

OTHER BUSINESS

REAPPOINTMENTS TO CHILDREN’S SERVICES COUNCIL

On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board reappointed individuals to the Children’s Services Council, as follows:

District 1

Lorrie Simmons

Julie Yandell

District 2

Charles Crane

District 3

Marva Turner

District 4

B. E. Thompson

District 5

Lalenya Robertson

Superintendent of Schools or a Named Administrative Designee

Jay Marshall

Program Administrator of the Department of Children and Families

Darnell Stewart

APPOINTMENTS TO LAKE-SUMTER METROPOLITAN PLANNING

ORGANIZATION (MPO) BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE

(BPAC)

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board appointed individuals to the Lake-Sumter Metropolitan Planning Organization (MPO) Bicycle and Pedestrian Advisory Committee (BPAC), as follows:

District 2

Scot Hartle

District 4

Richard Dunkel

District 5

Nancy Lee Hurlbert

REMOVAL OF ELDER AFFAIRS COORDINATING COUNCIL MEMBER

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the removal of Sonya Montgomery from the Elder Affairs Coordinating Council, due to non-attendance at meetings.

REPORTS – COUNTY ATTORNEY

RENTAL OF RECORDS STORAGE SPACE FOR STATE ATTORNEY’S OFFICE

Mr. Sandy Minkoff, County Attorney, informed the Board that this request was for approval to execute three rental agreements for records storage space for the State Attorney’s Office. He stated that the State Attorney’s Office actually arranged for the space and staff was just bringing it to the Board for approval.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to encumber funds and execute three rental agreements to Best American Storage, for rental of records storage space for the State Attorney’s Office.

REPORTS – COUNTY ATTORNEY

RENTAL OF RECORDS STORAGE SPACE FOR RECORDS MANAGEMENT

Mr. Sandy Minkoff, County Attorney, informed the Board that this request was for approval to execute a rental agreement for records storage space for Records Management. He stated that they are cancelling a non-climate controlled storage space for one that is climate controlled.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to encumber funds and execute a rental agreement with Best American Storage, for rental of records storage space for Records Management.

Commr. Hanson noted that Sheriff Daniels had contacted her about needing additional space and questioned the status of his situation.

Ms. Cindy Hall, County Manager, stated that staff is working with the Sheriff and looking at space that he may be able to utilize at the County’s Warehouse.

REPORTS – COUNTY ATTORNEY

LEASE OF OFFICE SPACE IN EUSTIS FOR DEPARTMENT OF PUBLIC WORKS

Mr. Sandy Minkoff, County Attorney, stated that this was a request for approval to lease office space in Eustis, on property that is being developed by Neil Fischer, Richard Waters, and John Ryan, located behind what used to be the old Publix and is now Freds. He stated that it is a new building, comprising approximately 15,000 square feet, and that the lease would be for the entire 15,000 square feet. He stated that, when staff was negotiating it, an issue about parking came up, at which time he noted that the developers have acquired an adjacent lot and are going to build an additional 7,000 square feet of space that they have agreed to make available to the County, which staff believes they will need for Public Works. He stated that the plan is to move the Public Works Department out of their present building and move the Public Defender’s Office out of the Lake County Judicial Center and into the current Public Works building, while the Judicial Center is being expanded. He stated that the Public Defender is fine with the move and the Public Works Department is fine with it, as well, as long as there is a commitment that the County will find them additional space that they need, so that their department can all be back together. He stated that the lease is for three years and has a three year renewal, at a cost of $15.50 per square foot, which includes common area maintenance. He stated that staff would also like to have an agreement approved with the City of Leesburg, to run fiber optics to the building, which will cost $469.00 per month and allow them to hook into the County’s system. He stated that they are still working on finding another location for the Supervisor of Elections’, which staff hopes to bring back to the Board in the next month or so, to have her move from the current space in Mt. Dora, where she stores her equipment and does her training.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a lease agreement with Bulldog Investments, for office space, in Eustis, for the Department of Public Works.

REPORTS – COUNTY ATTORNEY

SETTLEMENT AGREEMENT AND RELEASE OF LIEN FOR CODE

ENFORCEMENT FINES

Mr. Sandy Minkoff, County Attorney, stated that this request involves a case where there was a bad accumulation of waste and debris on a parcel of property and the property owner did not have the resources to clean it up, so the County sued the property owner and has entered into an agreement with him that the County will clean up the property, but will retain the mortgage on it, with interest. He stated that the property owner is to reimburse the County for the cost of cleaning up his property and the Courts will enter an injunction against him prohibiting him from accumulating debris again.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a Settlement Agreement and Release of Lien, for Code Enforcement fines against Karl Shirey.

REPORTS – COUNTY ATTORNEY

USE OF ST. JOHN FREE METHODIST CHURCH’S PARKING LOT BY COUNTY

Mr. Sandy Minkoff, County Attorney, stated that this was a request for approval of an agreement with the St. John Free Methodist Church, for use of their parking lot by the County, at a cost of $750.00 per year. He stated that, hopefully, this will be a permanent agreement, allowing the County to use said parking lot, while construction is going on at the Lake County Judicial Center.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an agreement between Lake County and St. John Free Methodist Church, in Tavares, located immediately behind the Lake County Judicial Center, for the use of their parking lot, at a cost of $750.00 per year, with the agreement that the County will keep the grass driving surface in its current condition.

REPORTS – COUNTY MANAGER

SCHOOL CONCURRENCY PROGRAM UPDATE

Mr. Gregg Welstead, Deputy County Manager, addressed the Board and gave them a brief update on where the County stands with the School Concurrency Program, at which time he noted that he has been pushing the Department of Community Affairs (DCA) for a response to the County’s March submittal and they finally responded two weeks ago, with a separate response on Monday, May 8^th. He stated that, at the same time, because of their delays, they suggested that the County request an extension to the interlocal agreement, to allow completion of it by July 3, 2006. He stated that he submitted said request and they are supposed to be sending a copy of the agreement to the County, to be revised, at this point in time. He stated that a couple of other issues have come up since May 8^th that have changed the completion of it a little, noting that, last Thursday, the County received communication from DCA that the Governor’s Office had directed that all charter schools be included in capacity calculations, but that the School Board had indicated they wanted none of that. He stated that one of the conditions of it is that the County needs to distribute the capacity across the other attendance zones, but he was not sure how the County was going to do that. He stated that the County has got to look at those numbers, to see what it will ultimately end up with. He stated that, based on that requirement, staff received a communication on Friday that the other pilot communities are all requesting extensions to July 3^rd, just to deal with that issue. He stated that some of the information staff received, related to the interlocal agreement, he had already passed on to the County Attorney’s Office, which he feels they folded into the draft agreement. He stated that, as far as financial feasibility is concerned, the School Board has looked at their numbers and passed off their needs to their Financial Director, Mr. Tommy Crosby. He stated that he did not know if the issue of the charter schools was going to affect it, however, felt that it would, to some degree. He noted that he, the County Manager, and the County Attorney discussed the possibility of holding a meeting on June 15, 2006, regarding the School Concurrency Program.

REPORTS – COUNTY MANAGER

CHANGE IN REZONING BOARD MEETING DATE

Ms. Cindy Hall, County Manager, stated that the Board Meeting (Rezoning Hearings) scheduled to be held June 27, 2006, happens to conflict with the beginning of FAC (Florida Association of Counties), so she wanted to get a consensus from the Board to cancel that meeting and hold the Rezoning Hearings on June 20, 2006.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to cancel the Board Meeting scheduled to be held June 27, 2006, and hold the Rezoning Hearings on June 20, 2006, due to the 27^th conflicting with the beginning of FAC (Florida Association of Counties).

REPORTS – COUNTY MANAGER

BUDGET RETREAT

Ms. Cindy Hall, County Manager, reminded the Board about the Budget Retreat, to be held Friday, May 19, 2006, at 8:30 a.m., at the C-Now building, in Lake Jem.

REPORTS – COUNTY MANAGER

EMPLOYEE HEALTH FITNESS DAY

Ms. Cindy Hall, County Manager, informed the Board that Wednesday, May 17, 2006, is Employee Health Fitness Day.

REPORT – COUNTY MANAGER

DRAGON BOAT RACES

Ms. Cindy Hall, County Manager, stated that the Dragon Boat Races are scheduled to be held Saturday, May 20, 2006, at Wooten Park, in Tavares.

REPORTS – COMMISSIONER HILL – DISTRICT 1

CAPITAL FACILITIES PROJECTS MEETINGS

Commr. Hill requested clarification from the Board regarding the Capital Facilities Projects meetings, noting that it was her understanding that the direction from the Board was that she would attend the meetings, which would not be subject to the advertising requirements, etc., and questioned whether that was still the direction of the Board. She was informed that it was.

Commr. Stivender stated that Commr. Hill’s concern was that she showed up at the meeting, at which time she stated that she felt the Board might need to have a discussion about the matter, noting that, unlike some other projects around the County, it is a major venture and it happens to fall in her district. She stated that she has had numerous occasions where people have asked her what is going on with said projects and she does not have a clue, so, in order to keep her abreast about what is going on, the County Manager has agreed to attend said meetings and relay back to her what is occurring, so that she can relay same to her constituents.

Commr. Hanson stated that it is important, in the interest of moving forward and being able to make decisions, to have full open discussions about the matter. She stated that the Board needs to know that there is only going to be one Commissioner present at said meetings, at which time Commr. Stivender stated that that was the reason she left the last meeting.

Mr. Sandy Minkoff, County Attorney, interjected that no decisions are to be made at said meetings and that he would clarify that with the architects, so that they are absolutely clear that any decisions to be made will come back to the Board. He stated that the meetings are to be strictly fact finding meetings, where the architects will talk to the users of the buildings, to see how they want to utilize them.

REPORTS – COMMISSIONER POOL – DISTRICT 2

MEETING REGARDING HARTLE ROAD EXTENSION

Commr. Pool stated that a meeting was held recently in Clermont regarding the Hartle Road Extension, which was very successful, noting that several alignments were agreed upon by the residents in the area. He stated that they are trying to seek the path of least resistance and he feels that, at the end of the day, they will be able to create a corridor from SR 50 down Hartle Road to the Hartwood Marsh corridor, which is going to be a very important link. He thanked everyone for their cooperation in the matter.

REPORTS – COMMISSIONER POOL – DISTRICT 2

KARLTON VILLAGE REZONING CASE

Commr. Pool stated that there have been two public hearings, at the County’s request, regarding the Karlton Village rezoning case, at which time he thanked Summit Green and Kings Ridge for allowing their facilities to be utilized for said hearings. He noted that a third meeting is scheduled to be held, regarding the matter, on Wednesday, May 17, 2006, at East Ridge High School, at 7:00 p.m.

REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

SAFE CLIMATE COALITION OF LAKE COUNTY AND LAKE COUNTY

SHERIFF’S OFFICE STICKER SHOCK CAMPAIGN

Commr. Stivender stated that Saturday, May 13, 2006, was the last day for the Sticker Shock Campaign, sponsored by the Safe Climate Coalition of Lake County and the Lake County Sheriff’s Office. She stated that the purpose of said campaign was to let parents and convenience store owners know that it is illegal to sell alcohol to underage children. She stated that Lake County ranks sixth in the State of Florida for said abuse, which they are trying to change. She stated that, in the Fall, they will be conducting a campaign for those parents who have parties in their homes, which seems to be an up and coming thing, where they allow underage drinking, noting that they feel, if they have said parties in their homes, their children will not be on the roads.

REPORTS – COMMISSIONER CADWELL – DISTRICT 5

INVITATION TO LAKE COUNTY LEGISLATIVE DELEGATION TO ATTEND

UPCOMING BOARD MEETING

Commr. Cadwell stated that he would like for the County Manager’s Office to contact members of the County’s legislative delegation, as soon as possible, and invite them to attend an upcoming Board Meeting. He stated that he would like for them to update the Board on those things outside of government that occurred during the Florida Legislative Session and to thank them for doing a great job, with regard to Lake County and local government. He suggested that a reception be held, as well, to allow those people from the general public who would like to attend said meeting and meet them to do so.

Commr. Cadwell was thanked for representing the County well, in Tallahassee, and for all the hard work he did, on behalf of the County, at which time he noted that staff was putting together a report, for the Board’s perusal.

ADDENDUM NO. 1 (CONT’D.)