A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 2, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, October 2, 2007, 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: Welton G. Cadwell, Chairman; Jennifer Hill; Debbie Stivender; Elaine Renick; and Linda Stewart.  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

Reverend Earl Wright, Sorrento Christian Center, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, asked that Tab 23, a request from Growth Management for approval of an impact fee refund appeal for the Lakes of Mount Dora community, where road impact fees were improperly paid, be postponed until a later date, in order to allow the property owners involved to be notified.  The requestor is requesting two decisions: an exception to the 180-day time limitation, and an exception to the owner of record requirement - Commission District 4.  She stated that there was also an Addendum No. 1 to the Agenda, containing a request under the County Manager’s Departmental Business, for approval of an agreement between Lake County, Lake-Sumter Community College, and South Lake Hospital, for the development and operation of a joint softball complex, to be located at the South Lake County Campus of Lake-Sumter Community College; and that the Board had before them a list of county employees that would be recognized for years of service to the County, as well.

Ms. Melanie Marsh, Deputy County Attorney, informed the Board that she would like to add to the Agenda, under the County Attorney’s Business, a discussion regarding the LYNX contract, which might require a vote by the Board.

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

MINUTE APPROVAL

Regarding the Minutes of September 4, 2007, the following change was noted:

On Page 11, Line 34, change “Lucas” to “Logas”.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 28, 2007 (Regular Meeting) and September 4, 2007 (Regular Meeting), as presented.

            CLERK OF COURTS’ CONSENT AGENDA

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

Open Delivery vs. Payment Account for Purchase of Investments

Request for approval to open delivery vs. payment account for the purchase of investments at the following institutions:

Colonial Brokerage Inc. for Colonial Bank

            First American Bank for Florida Choice Bank

            NatCity Investments for National City Bank

            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.

            Monthly Distribution of Revenue Traffic/Criminal Cases for Month Ending August 31, 2007

            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases for the month ending August 31, 2007, in the amount of $194,145.20. Same period, last year: $189,641.76.

            Proposed Budget for Bella Fonte Community Development District for FY 2006/2007

            Request to acknowledge receipt of Proposed Budget for Bella Fonte Community Development District for the Fiscal Year 2006/2007, pursuant to Chapter 190, Florida Statutes.

            Proposed Budget for Bella Fonte Community Development District for FY 2007/2008

            Request to acknowledge receipt of Proposed Budget for Bella Fonte Community Development District for the Fiscal Year 2007/2008, pursuant to Chapter 190, Florida Statutes.

            Meeting Notice – Southwest Florida Water Management District Governing Board

            Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Calendar for Fiscal Year 2008; and map depicting the District’s boundaries, as required by Chapter 189.417, Florida Statutes.

            Ordinances from City of Umatilla

            Request to acknowledge receipt of Ordinances from the City of Umatilla, as follows:

            Ordinance No. 2007-N, extending and increasing the corporate limits of the City of Umatilla, pursuant to the provisions of F.S. 171.044, annexing approximately 24 acres in the City of Umatilla, for property owned by Linda T. Austin, Trustee, located east of Tenth Avenue and north of CR 450.

            Ordinance No. 2007-0, extending and increasing the corporate limits of the City of Umatilla, pursuant to the provisions of F.S. 171.044, annexing approximately 317 acres in the City of Umatilla, owned by Bay Pointe Builders, LLC, located east of SR 19, south of Mills Street and south of CR 450.

Ordinances from Town of Lady Lake

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

            Ordinance No. 2007-23, pertaining to comprehensive planning in the Town of Lady Lake, amending Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan, providing for a small scale Future Land Use Map amendment.

            Ordinance No. 2007-24, redesignating zoning classification for certain property owned by David and Barbara Wieckhorst, located within the town limits of the Town of Lady Lake, rezoning subject property located in the vicinity of W. Lemon Street and High Avenue from Single-Family Medium Density (RS-6) to Lady Lake Light Commercial (LC).

COUNTY MANAGER’S CONSENT AGENDA

Commr. Renick asked that Tabs 7, 9, and 10 be pulled from the County Manager’s Consent Agenda, for discussion.

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

Community Services

Request for approval and signature authorization of the Chairman for FY 2007/08 CDBG (Community Development Block Grant) Partnership Agreement between the Ponceannah Cemetery Association, Inc. and the County, in an amount not to exceed $36,500, allocating CDBG funds to install a well and hand pump and a solar-powered security light, replace some fencing, and direct the Community Services Department to execute the agreement and oversee completion of the project, as covered in the Scope of Services.

Economic Growth and Redevelopment

Request for approval to be a sponsor of Lake County Days 2008, to be held in Tallahassee on Wednesday, February 13, 2008, and Thursday, February 14, 2008, in the amount of $2,500.

Employee Services

Request for approval of re-activation of the County's contract with Careerbuilder.com, for recruitment advertising, for service dates from 10-1-07 to 9-30-08.

Growth Management

Request for approval of Satisfaction and Release of Fine, Property Owners: Harry W. Dunham and Carolyn F. Alford. - Commission District 5.

Request for approval of Satisfaction and Release of Fine, Owners: Michael and Bethany Hamm, Case No. 2000060009 - Commission District 5.

Procurement

Request for approval of recommendation to award a contract to Electric Services, Inc., to furnish and install an emergency power generator at the Central Landfill.

Public Safety

Request for approval and execution of Proclamation No. 2007-154, proclaiming October 7-13, 2007, as National Fire Prevention Week in Lake County.

Public Works

Request for authorization to release a performance bond, in the amount of $5,500; accept a maintenance bond, in the amount of $326,791.84; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Highland Cassidy, LLC; and execute Resolution No. 2007-155, accepting the following roads into the County Road Maintenance System: Great Egret Drive (CR No. 2815), Narrowleaf Court (CR No. 2815A), Pine Gulch Court (CR No. 2815B), Kehoe Marsh Court (CR No. 2815C), and Dillymarsh Court (CR No. 2815D). Whitemarsh consists of 105 lots and is located in Section 1, Township 21 South, Range 24 East - Commission District 3.

            GROWTH MANAGEMENT

            SATISFACTION AND RELEASE OF FINE

            PROCUREMENT SERVICES

            CONTRACTS FOR ARCHITECTS-ENGINEERS/LANDSCAPE ARCHITECTS AND

            ON CALL PLANNING SERVICES

            Commr. Renick had asked that Tab 7, a request from Growth Management for approval of a Satisfaction of Fine, and Tabs 9 and 10, requests from Procurement Services, regarding the awarding of contracts to Architects-Engineers, Landscape Architects, and On Call Planning Services involving the County, be pulled from the County Manager’s Consent Agenda, for discussion.

            Regarding the request from Growth Management, she stated that $250 seems to be the set amount, when a Code Enforcement fine is reduced, and suggested that the matter be discussed at one of the Board’s upcoming workshops, noting that there was a recent Code Enforcement case where a fine was reduced from $30,500 to $250.  She stated that, when fines get up to that level, she feels the reduced amount should be more than just $250.

            Commr. Renick stated that, with regard to On Call Planning Services involving the building projects that are proposed for the County, she would ask that, if there are any items that are over the $25,000 County Manager’s authorization limit, they be brought back to the Board, so that the Board can see what is being spent.  She stated that some of the items range from $50,000 to $75,000, and, when it involves Facilities and Capital Improvements, some of them are over $300,000.  She stated that she just wanted to be able to keep tabs on it and understand what the County is doing.

            Ms. Cindy Hall, County Manager, interjected that the items in question were included in a report that the Board receives.

            Commr. Renick stated that it was her understanding that the report was for items that were already issued and that she wanted the Board to have said information prior to the meeting.

            Ms. Hall clarified the fact that what Commr. Renick was requesting was to have an informational item on the Agenda, informing the Board, prior to the meeting, about what the County is spending, with regard to any items that are over her $25,000 authorization limit.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of a Satisfaction and Release of Fine for Marvin and Shirley Longnecker, Owners, Case No. CEB 179-99 - Commission District 4; and two requests from Procurement Services, one being a request for approval of the recommendation to award the contract to BRPH Architects-Engineers, Inc., Gatorsktch Architects, Inc., John S. Dickerson Architects, Inc., Reynolds Smith and Hills, Inc., RK Collaborative, Inc., The Scott Partnership Architecture, Inc., The Vitetta Group, and HLM Architects, Inc., and for the landscape architects, the firms of Glatting Jackson Kercher Anglin, Inc., Herbert-Halback, Inc., and Reynolds Smith and Hill, Inc.; and the other being a request for approval to recommend Wendy Grey Land Use Planning, HDR Engineering Inc., Herbert Halback, Inc., and Wilson Miller for the On Call Planning Services for Lake County.

            COUNTY ATTORNEY’S CONSENT AGENDA

Ms. Melanie Marsh, Deputy County Attorney, informed the Board that Tab 14, under the County Attorney’s Consent Agenda, was a request for approval of an Ordinance, which requires a public hearing, therefore, would need to be moved from the Consent Agenda to the Public Hearing section of the Agenda.

It was noted that the Ordinance was advertised for a public hearing, so it could be addressed this date.

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

            Request for approval of a Modification Agreement between Cagan Crossings, Ltd., f/k/a Southlake Development, Ltd., Lake County, Cagan Crossings Town Center, LLC, Compass Bank, and Cygnex, LLC, modifying the location of off-site drainage easements adjacent to the library located at Cagan Crossings - Commission District 2.

EMPLOYEE AWARDS

The Chairman presented the following Employee Awards, at which time Ms. Kasie McAdams, Employee Services Manager, commented briefly about each employee’s service to the County:

            Presentation of Award to Employee with Twenty Years of Service

Robert Chase, Survey Technician II

Public Works/Engineering/Survey/Design

Presentation of Award to Employee Retiring After 20 Years 11 Months

Doug Harrison, Senior Maintenance Specialist

Facilities Development and Management

Facilities Maintenance

Presentation of Award to Employee Retiring After 30 Years

Robbie Hollenbeck, Citizens Support Services Director

Community Services

Citizens Support Services

RECESS AND REASSEMBLY

At 9:15 a.m., the Chairman announced that the Board would recess for five minutes.

PRESENTATIONS

“REACH ACROSS AMERICA” PRESENTATION TO LAKE COUNTYEMPLOYEES

Lt. Col. David Moseley, United States Air Force, Civil Air Patrol, addressed the Board stating that October 12th he would be starting his 50th year in the Air Force and that, as a young Air Force Policeman in Germany, during the Cold War, the assurance that people back home really cared was something that gave him a great deal of satisfaction – that somebody would remember the sacrifices of those that served.  He stated that, in December, “Reach Across America” presents wreaths to go on every grave in Arlington National Cemetery and the Civil Air Patrol was asked to perform a service locally at the same time that it happened across the Nation and he wanted to honor those county employees that participated in that service, noting that it was not what they did, but how they did it – with a smile, with energy, and a sincere desire to help.  At this time, he presented the following employees with an award for their participation in the “Reach Across America” project:

Mr. Jim Condon

Mr. Roland Breeden

Mr. Jerry Lanstead

Mr. John Wright

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES

FUNDING FOR HUMAN SERVICES GRANT REVIEW COMMITTEE

Mr. Fletcher Smith, Community Services Director, addressed the Board stating that he was seeking approval of recommendations from the Human Services Grant Review Committee to provide funding to some non-profit agencies in the community, a list of which was provided to them in their backup material.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of a recommendation by the Human Services Grant Review Committee to provide funding, as summarized, for Fiscal Year October 1, 2007 through September 30, 2008; and authorization for the Chairman to sign subsequent contracts and other related documents, contingent upon the County Attorney’s approval.

COMMUNITY SERVICES

            ANNUAL GRANT FUNDING FOR CHILDREN’S SERVICES PROVIDERS

            Mr. Fletcher Smith, Community Services Director, informed the Board that the Children’s Services Grant Review Committee had recommended funding for ten Children’s Services providers, contained in the Board’s backup material.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of the annual grant funding for ten (10) Children's Services providers, who have submitted applications for FY 2007/2008 county funds through the Children's Services Council’s Request for Proposal (RFP) process; proper signature authorization on subsequent agreements, contingent upon the County Attorney’s approval; and authorization to encumber and expend funds.

            COMMUNITY SERVICES

            FY 2007/08 CDBG PARTNERSHIP AGREEMENT BETWEEN LAKE COUNTY AND

            TOWN OF ASTATULA

            Mr. Fletcher Smith, Community Services Director, stated that this request pertained to a Community Development Block Grant Agreement between the County and the Town of Astatula, to fund some improvements to Joe Swaffar Park.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to authorize the Chairman to sign the FY 2007/08 CDBG (Community Development Block Grant) Partnership Agreement between the Town of Astatula and the County, in an amount not to exceed $36,360, granting the Town of Astatula CDBG funds to improve Joe Swaffar Park; and to direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services - Commission District 3.

            COMMUNITY SERVICES

            FY 2007/08 CDBG PARTNERSHIP AGREEMENT BETWEEN LAKE COUNTY AND

            TOWN OF MONTVERDE AND UNENCUMBERED HUD FUNDS

            Mr. Fletcher Smith, Community Services Director, stated that this request pertained to a Community Development Block Grant Agreement between the County and the Town of Montverde, to fund some improvements to Truskett Park.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to authorize the Chairman to sign the FY 2007/08 CDBG (Community Development Block Grant) Partnership Agreement between the Town of Montverde and the County, in an amount not to exceed $36,360, granting the Town CDBG funds to improve Truskett Park, and direct the Community Services Department to execute the Agreement and oversee completion of the project covered in the Scope of Services -  Commission District 3; and a request for approval of unencumbered HUD funds, in the amount of $30,776, to be added to the FY 2006/07 Partnership Agreement between Lake County and the Town of Montverde, and to extend the expiration date of the Agreement - Commission District 3.

            COMMUNITY SERVICES

            CONTRACT BETWEEN LAKE COUNTY AND STATE DEPARTMENT OF

            HEALTH FOR OPERATION OF LAKE COUNTY HEALTH DEPARTMENT

            Mr. Fletcher Smith, Community Services Director, stated that this request pertained to the annual funding agreement for contractual services to the Lake County Health Department and the $398,633 is a 10% reduction from last year’s allocation.  He stated that it is funding the County gives them to spread between the many programs they have to provide services to Lake County.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to authorize the Chairman to sign the contract between Lake County and the State Department of Health, for the operation of the Lake County Health Department, during the contract term 10/01/07 through 9/30/08.

            PUBLIC SAFETY

            RESOLUTION RENAMING WILLIS V. MCCALL ROAD TO CR 450A

            Mr. Bruce Thorburn, Public Safety Communications Systems Director, addressed the Board, regarding a request to change the name of Willis V. McCall Road, named after a former Lake County Sheriff, to CR 450A, stating that, under County Ordinance No. 1995-52, anyone can request a road name change.  He stated that his office received such a request and a check for $100 for the paperwork involved, so staff did a property search on the road and found 47 property owners, who were each sent a certified letter informing them about the public hearing, per the requirements of the Ordinance.  He stated that the property owners had 45 days to return a request for denial to both the individual making the name change request and to the Communications Systems Department and that his office had received 13 requests for denial, which reflects more than 20% of the total requests, so it would now be up to the Board to decide whether or not to approve the name change.

            Ms. Bernice Brinson, a resident of Umatilla, addressed the Board stating that she was representing the South Umatilla Neighborhood Association and that they were requesting the name change, because they would like to continue to promote unity, harmony, and healing within the community.  She stated that, when one turns off of SR19 east onto SR 450, the road signage for Willis V. McCall is only seen within a four block radius - it is not seen anywhere else, and the name is a constant reminder to the residents of a very controversial history.

            Mr. Douglas McCall, the son of former Lake County Sheriff Willis V. McCall, addressed the Board stating that he lives on the road named after his father in his father’s old house and that his family has owned property along that road since the mid-1800s.  He discussed some concerns he had about the request, at which time he noted that one of the reasons the community at the time elected to change the name was confusion over the three CR 450s that exist in the City of Umatilla.  He discussed the fact that there are people that have resentment towards his father and, unfortunately, a lot of them are in the black community; however, he noted that it was not, as many people have depicted, his father’s decision to have a road named after him, but was the suggestion of a friend of his father’s, Mr. John Gardner, and former Lake County Commissioner Glenn Burhans.  He stated that, originally, the road was to be named McCall Road, but, due to the fact that there were other roads in the County that were already named McCall Road, they decided to name the road Willis V. McCall Road.  He noted that he was present representing those individuals who oppose changing the name to CR 450A.

            Mr. Charles Cassella, a resident of Lake County, addressed the Board stating that he brought this matter up approximately two years ago and that it has been a very personal thing for him ever since.  He stated that, to his dying day, former Sheriff McCall defended a system that had long outlived its usefulness and never apologized or tried to make amends with the community for the things that he did within the community and that is the issue for him, noting that he feels roads and buildings being named after individuals in the modern era speaks to where the community’s heart and values are and he believes that is why it is time to rename the road to CR 450A.

            Ms. Jacqueline Handy, a resident of Umatilla, addressed the Board stating that it was time for healing in her community.  She told the Board about an incident involving her, her father, and former Sheriff McCall, where the Sheriff informed her that her father was a good man, but had called him the “n” word, which she did not appreciate.  She stated that it was time to make a change.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

            Commr. Cadwell stated that he has spent his whole life in Umatilla and has received a lot of good and bad advice on this issue, but the sad part about it is that, with the discussion that is occurring this date, all the ills of segregation is going to be dumped on the McCall family that still lives in the area and they are good people.  He stated that the fact about the matter is that the entire community and the Government should shoulder the burden of segregation and the bad things from it, but, at the end of the day, Sheriff McCall was a dark figure in the Civil Rights Movement and he does not feel it is right to have a road named after him going through the community in question – it needs to be changed.  He passed the gavel to the Vice Chairman and made a motion to approve the request from Growth Management for approval of Resolution No. 2007-156, renaming Willis V. McCall Road to CR 450A - Commission District 5.

            Commr. Stivender seconded the motion.

            Under discussion, Commr. Stewart stated that she was not defending the Civil Rights Movement, but feels that Sheriff McCall was a product of the times.  She stated that she felt the Board was getting into a lot of issues that they did not need to be getting into at this time and that it comes down to the fact that, if 28% of the residents are against renaming the road and 72% of them are in favor of it, the democratic process says that the majority rules, so she agrees that the name of the road should be changed.

            Commr. Renick stated that the issue involves a painful part of the County’s history and she agrees that the road should be renamed.

            Commr. Hill concurred, stating that the majority rules and the majority has spoken, as to what they want the road to be named.  She called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

            The gavel was passed back to the Chairman.

            RECESS AND REASSEMBLY

            At 9:45 a.m., the Chairman announced that the Board would recess for 15 minutes.

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

            PUBLIC WORKS

            AGREEMENT WITH FOUNDERS RIDGE FOR IMPROVEMENTS TO NORTH

            GRASSY LAKE ROAD

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board and displayed a map showing North Grassy Lake Road and that area of the County (contained in the Board’s backup material), stating that there was a lot of discussion in 2002 about the road network in that area and that several developers met with staff and outlined every piece of property of any size and magnitude on the map on display, most of which is now in the Joint Planning Area (JPA) of the City of Minneola, rather than the County, and some of them have already been annexed.  He stated that staff is looking forward to a series of discussions, in cooperation with not just the City of Minneola, but the City of Clermont, as well, to try to master plan a transportation network in that area.  He stated that Minneola is undertaking a master plan for the area, utilizing impact fees, at which time he discussed what is going to occur, with regard to North Grassy Lake Road, noting that there was a dispute on the validity of the Maintenance Map and the County has been in court ever since.  He summarized what the Agreement before the Board this date contained, noting that Founders Ridge will need a very good quality two lane road accessing it.  He stated that the original discussion regarding it was that it needed to be an adequate right of way – 24 foot pavement, with turn lanes located at Hwy. 27, as part of the access for just 135 acres involved, but that is not what is being discussed this date.  He stated that, because of the PD&E (Planning, Development and Environmental) study going on at the present time, the County is making the road that is out there today structurally sound enough to handle the construction traffic for North Grassy Lake Road and structurally sound enough to handle the construction of the Founders Ridge subdivision after it is completed.  He stated that they will need to put the proposed turn lanes in; therefore, at the request of the City of Minneola, they are requesting to move forward with the throw away road concept, which will be structurally sound enough to handle the traffic accessing Hwy. 27.  He stated that, at some later date, when the study is done and rights of way have been acquired and the master plan is worked out, there will be a sizeable improvement, probably as much as a four lane highway in the same area, based on an alignment yet to be determined, to manage the entire traffic of the area.  He noted that representatives of the developer and the City of Minneola were present in the audience, to answer any questions there might be about the request.

            Commr. Stewart questioned what would happen if the Board did not approve the request this date and was informed by Mr. Stivender that approval of the Founders Ridge subdivision is subject to the County getting adequate improvements to the roadway.

            It was noted that there are a lot of large tracts in the area and that those property owners are opposed to the request.

            Minneola Council Member Ed Earl addressed the Board stating that consideration of the road in question involves more than just the proposed development, noting that a new elementary school – Grassy Lake Elementary, has been constructed, so there is more traffic on the road, because of the school, and the current road is in bad shape.  He stated that the County has collected a lot of taxes in the City of Minneola for roadways, but the City has yet to see them.  He stated that the road will allow the developer to build, but the City will gain turning lanes on Hwy. 27.  He asked that the road be built to county standards when the developer has finished the subdivision, rather than now, because the construction trucks will tear it up.

            Mayor David Yeager, City of Minneola, addressed the Board and discussed some issues that currently exist with North Grassy Lake Road.  He stated that the City Council fought to get a traffic signal installed on the road, due to a multitude of accidents that were occurring, and a signal has now been installed, which has been a big improvement; the County is constantly having to patch the road; and the road, in its current condition, is not a good situation for the trucks and buses that travel down it.  He stated that the City has a lot of issues they are dealing with, concerning North Grassy Lake Road, and would appreciate the Board’s approval of this request.

            Attorney Phillip Tadish, Winter Park, addressed the Board stating that he was representing the developer, Founders Ridge, a party to the Agreement before the Board this date.  He stated that the process involving the Agreement began approximately one year ago and that, in working with the County Attorney’s Office, they have come to an agreement, regarding the legal issues involved, one of the last ones being that the County adopted a Maintenance Map, with respect to North Grassy Lake Road, that precipitated a lawsuit by the owner of the property located at the intersection of North Grassy Lake Road and on the east side of Hwy. 27, seeking adverse condemnation, claiming that adoption of the Maintenance Map was without the necessary basis and was attacking the entire Maintenance Map Statute, which has been going on for probably six or seven months.  He stated that, in an attempt to resolve the issue, his client entered into a contract with the owner of that property to purchase it and, in the interest of the County, an agreement was made that, as part of that purchase, Founders Ridge will convey to the County the right of way that is included within the Maintenance Map, completely eliminating that particular issue, which does several things, being (1) it terminates the litigation, which is one of the conditions of the effectiveness of the Agreement; (2) it takes care of the right of way included within the Maintenance Map; and (3) it gets the County off the hook, in terms of having to defend the Maintenance Map Statute and an inverse condemnation action.  He stated that the developer has agreed, in a Developer’s Agreement with the City of Minneola, to provide the right of way for two of the four lanes of the road, however, noted that it is an interim step to facilitate the bearing surface on the road for construction activity within the subdivision, but, more importantly, to provide a safer route for the people that live there and whose children are going to school there, until such time as the main road is built.

            Mr. T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (MPO), addressed the Board stating that the signal that was recently installed at Hwy. 27 and North Grassy Lake Road would not have been installed, because of signal warrant criteria that must be met, unless there was traffic and incidents occurring, however, noted that, more importantly, this is an opportunity in a public setting to point out the fact that there is an adopted plan for the area that involves the Cities of Minneola and Clermont and it impacts the Town of Montverde, as well as the County, to a road network, which sometimes can be awkward, noting that this is what happens when a city has approved something years ago and did not coordinate that approval with the County – it leaves those involved trying to pick up the pieces.  He stated that Founders Ridge, as well as the Hills of Minneola, and other projects that are either proposed or already approved in the area are part of a much larger network, which involves roads that have not yet been built, which he pointed out on the map contained in the Board’s backup material.  He stated that North Grassy Lake Road is slated for four lanes of traffic, due to the fact that it will ultimately connect to an interchange on the Turnpike, and although the land use currently has a lot of five acre tracts, the County has not proposed, but approved developments that the MPO is required to plan for and they are trying to do the best they can in assisting the Cities, as they make decisions, making sure that they communicate properly and coordinate with the County.  He stated that this interim step is a stop gap measure, but, ultimately, Founders Ridge is responsible for building a portion of the four lane road through their property and wanted the Board to bear that in mind.

            Mr. Stivender informed the Board that North Grassy Lake Road is tied to the proposed subdivision, whenever it kicks off the ground, which could be next year or ten years down the road, which is what the Agreement is set up to say.  He noted, however, that the PD&E study should be completed by the end of next year, but there is no money funded for design, right of way, or construction, so the County will be looking for a lot of the developers to take care of the alignment.  He stated that the connection would be at Hwy. 27 and in all likelihood Hancock Road and some form of connection with the Turnpike.

            It was noted that staff brought this issue forward, at the request of the City of Minneola.

            Commr. Renick stated that she talked to four of the Minneola City Council Members and they are not all in agreement and that she sees the road specifically being built as a construction road, to get Founders Ridge underway.  She stated that, when one talks about the benefits to the residents, she has not had any residents ask to have the road improved; in fact, they say they will take the potholes over the proposed subdivision.  She stated that the County talks about putting in a road and making things better, but then it opens up the road to a development that adds extra traffic to the road and, with regard to this road, she is not sure the County is going to be any further ahead.  She stated that the road is not in good condition, but is not unlike many other rural roads in the County.

            Commr. Stewart stated that it sounded to her like the residents in that area are happy with their roads and concurred with Commr. Renick that there are a lot of roads in the County that have potholes – she travels them every day, but she does not want to see them four laned.  Commr. Cadwell stated that North Grassy Lake Road is going to be an important part of the County’s transportation network, no matter what the results of the PD&E study are, purely because of where it is located.  He stated that there is a church and two schools already located on the road and it seems like a good opportunity for the County to get the road improved.  He stated that Founders Ridge is going to be developed one way or another.

            Commr. Stivender stated that North Grassy Lake Road is located in the City of Minneola, and, if the City is going to allow Founders Ridge to be developed, there is nothing the County can do to stop it.

            Commr. Renick interjected that the development cannot develop without the road.

            Commr. Stivender stated that it has been brought up before and is something that the Board is going to have to discuss - as to whether they are going to have a new policy where they dictate to the Cities that they will not give them right of way to whatever projects they have, unless they do what the County wants, or whether the County was going to try to make the road safer and accommodate other things, besides the development.

            Commr. Stewart stated that the Board answers to the citizens and questioned when the County and the Municipalities are going to start working together, to remember what the citizens of the County want, which is not the same old political double talk to get more and more developments approved.  She stated that, with the current market being the way it is, it may be years before Founders Ridge is built, but the Board is setting precedence right now for years to come.  She stated that she felt the Cities and the County need to work together and go by what myregion.org is promoting, which is keeping the rural areas rural and the urban areas urban, but, if the County keeps pushing out and pushing out, it will no longer be able to do that.

            Mayor Yeager readdressed the Board stating that the City of Minneola could have allowed Founders Ridge to make improvements to North Grassy Lake Road without the County’s approval, but the City wanted the County’s blessings.  He stated that it is the right thing to do, noting that he does not want a crash to occur on the road where someone gets killed, thus, the reason they decided to bring this request before the Board for approval.

            A motion was made by Commr. Renick and seconded by Commr. Stewart to deny a request from Public Works for approval of an agreement with Founders Ridge, LLC, for improvements to North Grassy Lake Road - Commission District 3.

            Under discussion, Commr. Stewart reminded the Board that the County and the Cities need to work together on this, because she does not feel that the majority of the citizens in the County want business like this going on as usual.

            Commr. Renick defended the Mayor and the Minneola City Council, noting that she understands they are trying to deal with the situation.  She stated that she feels the County does work with the City of Minneola, so she does not feel that is the problem, as far as this request is concerned.

            The Chairman called for a vote on the motion, which failed, by a 3-2 vote.

            Commrs. Cadwell, Hill, and Stivender voted “No”.

            A motion was then made by Commr. Stivender and seconded by Commr. Hill to approve the request.

            The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.

            Commrs. Renick and Stewart voted “No”.

            PUBLIC WORKS

            AGREEMENT WITH THE LANDINGS AT LAKE HARRIS REGARDING NEW

            ROAD FROM CR 448 SOUTH TO SERVE LAKE HARRIS GROVES

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board and reviewed a map contained in their backup material, pointing out the property in question, noting that it is boxed in between Lake Harris to the south, the Eustis Gun Range, the Sheriff’s Training Facility, and the County’s landfill.  He stated that the City of Tavares has annexed it into their city limits as an approved development, contingent upon getting some access issues resolved, however, noted that it crosses Solid Waste property and there is some question as to how the area is going to be established as a government complex.  He noted that the alignment has been established and resolved where it fits between the two properties.  He stated that the request before the Board this date is to move forward with the Agreement, noting that the developer is buying the right of way from the County and the County is granting permission for them to cross the County’s property, to access their development.  He stated that it includes a connection to CR 448 and to Frankie’s Road and the developer is responsible for all construction associated with both roadways.

            Mr. Sandy Minkoff, County Attorney, stated that this issue was discussed in 2005 and staff received direction from the Board to go forward with the Agreement.

            Commr. Renick noted a concern she had with the request, indicating that she needed to know that there is a buffer somewhere that has been agreed upon, so that the County is not putting residential up against the County’s landfill.

            Mr. Stivender interjected that, because of the geography at the top of the hill, there will be views in all directions from the properties – that there is no way to buffer the property.

            Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, addressed the Board stating that she was present representing Loma Linda, the owner of the property, and that she feels people will be well aware, while traveling down Frankie’s Road, or along the landfill, that there is a landfill facility at that location.  She stated that they have come up with a development plan, which has already gone through the preliminary plat phase and construction drawings within the City of Tavares and have allowed for buffers, storage, stormwater retention, etc., making sure that they do whatever they can to make sure that those homes sell at the highest price possible and that there is a buffer.  She stated that the City of Tavares is very excited about the project and, to get city utilities, required that the development be annexed into the City.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of an agreement with The Landings At Lake Harris, LLC, regarding the construction of a new road from CR 448 south, to serve the Lake Harris Groves development within the City of Tavares, with the developer to provide improvements to Frankies Road; and a request for approval of an agreement to sell approximately three acres of county property, to serve the development as right of way - Commission District 3.

            ADDENDUM NO. 1

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

            TOURISM AND BUSINESS RELATIONS

            AGREEMENT BETWEEN LAKE COUNTY, LAKE-SUMTER COMMUNITY

            COLLEGE, AND SOUTH LAKE HOSPITAL REGARDING JOINT SOFTBALL

            COMPLEX AT SOUTH CAMPUS OF LAKE-SUMTER COMMUNITY COLLEGE

            Mr. Greg Mihalic, Tourism and Business Relations Director, addressed the Board stating that they had before them an interlocal agreement between the County, Lake-Sumter Community College, and South Lake Hospital, for a softball tournament field complex on Lake-Sumter Community College property.  He stated that the Agreement replaces an agreement that is currently in place, dated January 10, 2006, and that the Tourist Development Council recommended putting $2 million into the softball complex at their meeting that was held on December 14, 2005.  He stated that the Agreement would run for 25 years and would renew for an additional 20 years, unless there is a three year notice that it will not be continued.  He stated that there is an urgency to get the Agreement moving, because the grass has to be down by December of this year, and a tournament has already been scheduled for the first week in March, 2008.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Tourism and Business Relations for approval of an interlocal agreement between the County, Lake-Sumter Community College (LSCC), and South Lake Hospital, for the development and operation of a joint softball complex, to be located at the South Lake County Campus of Lake-Sumter Community College; and approval to deposit with LSCC the sum of $1,000,000.

            PUBLIC HEARING

            ORDINANCE DESIGNATING LADY LAKE/ANDREWS PARCEL FOR

            CONSERVATION USE ONLY

            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,CREATING SECTION 16-53, LAKE COUNTY CODE, ENTITLED LADY LAKE PRESERVE; PROVIDING FOR USES; PROVIDING A LEGAL DESCRIPTION; PROVIDING FOR PUBLIC HEARING PRIOR TO A CHANGE IN USE; 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. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-47, creating Section 16-53, designating Lady Lake/Andrews parcel for conservation use only, as presented.

            PUBLIC HEARING

            “LOBBYING” ORDINANCE

            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, CREATING CHAPTER 2, ARTICLE IV, LAKE COUNTY CODE, ENTITLED LOBBYING; CREATING SECTION 2-61, ENTITLED TITLE AND PURPOSE; CREATING SECTION 2-62, ENTITLED DEFINITIONS; CREATING SECTION 2-63, ENTITLED LOBBYIST REGISTRATION; CREATING SECTION 2-64, ENTITLED EXCEPTIONS; CREATING SECTION 2-65, ENTITLED ENFORCEMENT; CREATING SECTION 2-66, ENTITLED PENALTIES; CREATING SECTION 2-67, ENTITLED VALIDITY OF ACTION; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

The Chairman opened the public hearing.

            Ms. Jean Kaminski, Executive Director, Homebuilders Association of Lake County, addressed the Board stating that, by the Ordinance’s definition, she would be considered a “lobbyist”.  She stated that she was not present to oppose the Ordinance, but that she did have some concerns about the lobbyists’ registration section of it.  She stated that, apparently, it is going to only apply to association managers, Chambers of Commerce, etc. – that it would not apply to their volunteer members, since they get no compensation for it, but, in reading the Ordinance, it appears that every time she would contact a county office each individual call would have to be turned into the County Attorney’s Office, and was informed that that was correct.  She stated that she was not opposed to the lobbyists being required to register with the County, but feels that that particular section of the Ordinance could use some clarification and could be less cumbersome.

            It was noted that this Ordinance pertains to someone who is paid, or whose principal job activity, for which they receive compensation, is lobbying.

            Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, addressed the Board stating that many other areas have lobbying requirements and some work better than others, but what she has seen, in looking at this Ordinance, is that the County is making a distinction about someone who is paid, however, noted that there are numerous instances where she sees people who are being paid by not-for-profits, or non-profits, or environmental organizations lobbying various Commissioners, and that she wanted to make sure they would fall under the same category, which she elaborated on.  She discussed concerns she has about enforcement of the Ordinance, noting that it seems a little steep, in terms of what the County wants to do with people who violate the Ordinance, one being to put them in jail.  She stated that she feels the County is leaving itself open to anonymous complaints and that she feels the Ordinance is going to keep the Code Enforcement Department very busy.  She stated that she feels the Ordinance is overkill and that the sanctions are too stringent and the fact that someone can just call Code Enforcement to report somebody is going to lead to a lot more problems than the County is trying to solve with the Ordinance.  She stated that, when someone approaches the Board stating that they are representing a particular city, she would like for the Board to question when they were authorized to represent that particular city and whether it was by a vote of the full City Council, noting that, in doing research on the matter, her office found that they were not authorized by the particular city that they indicated they were representing and that the other council members were not aware that they were taking a particular position.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-48, creating Chapter 2, Article IV, entitled “Lobbying”, as presented.

            PUBLIC HEARING

            WAIVER OF CENTRAL POTABLE WATER SYSTEM REQUIREMENT FOR

            SWEET BAY SUBDIVISION

            Ms. Stacy Allen, Senior Planner, Division of Planning and Community Design, addressed the Board stating that Mr. Rick McCoy, Professional Engineer, was present representing CFR Properties, LLC, requesting a waiver of the requirement to connect to a central potable water system and provide individual wells, until such time as a central water system becomes available for the Sweet Bay Subdivision Plat.  She stated that, if this waiver is not granted, the owner is required to provide an Interim Central Potable Water System for this subdivision, capable of connecting to the regional system.  She stated that Comprehensive Plan policies require that properties within the Urban Expansion Future Land Use Category (FLUC) provide an interim system, when a regional system is not available.  She stated that the County’s Land Development Regulations (LDRs) provide that all private potable water systems, unless exempted by the Board, be connected to and utilize a regional system, if available, noting that connection to a regional system is mandatory, once it becomes available.  She stated that a waiver would allow the owner to provide individual wells to service as the required interim system for the subdivision.  She stated that, in October of 2006, the owner submitted a preliminary plat application for a 22 lot subdivision titled Sweet Bay and the Development Review Staff (DRS) commented that connection to a central potable water service is required for the subdivision and, if not available, it requires the installation of an interim system.  She stated that the LDRs provide for an exemption to the connection requirement of a Central Interim System by the Board and the owner has submitted a request, pursuant to the LDRs.  She stated that staff recommends that the Board approve, with conditions, the request to exempt the subject development from connection to a regional/subregional potable water system and allow provision of individual wells as an interim potable water system, with the following conditions to be noted on the final approved plat:

a.                   The lots within the Sweet Bay Subdivision shall connect to a regional potable water utility system, when it becomes available; and

b.                  At the time of transition from individual wells to central water, proper abandonment of any individual wells be completed; and

c.                   An approved Fire Well System and Fire Hydrants shall be installed for the subdivision, pursuant to the Land Development Regulations, until such time as a regional water utility system is available.

            Commr. Hill stated that the Board approved a Community Development District (CDD) in the area of the Sweet Bay subdivision and questioned where their boundaries are, in relation to the site in question.

            The Chairman opened the public hearing.

            Mr. Rick McCoy, McCoy & Associates, Project Engineer, addressed the Board stating that the Community Development District that Commr. Hill referred to was for the Mission Inn and does not include the area in question.  He stated that, in the interim, they are asking permission to do sprinkler systems off the individual wells, noting that the development does not consist of tract homes on 100 to 200 lots, but only 22 large lots on 30 acres.  He stated that putting in a fire well is a large investment and is going to be thrown away, noting that the Town of Howey in the Hills has agreed to provide the subdivision with water by 2010 and, by that time, the fire well will be worthless, whereas, a sprinkler system will allow the subdivision to have the best of both worlds, in that the homes will have both a fire hydrant and a sprinkler system in them.  He noted that the County’s LDRs allow for this type of development and requested a waiver, until Howey in the Hills can provide the development with water.  He stated that they will be signing an annexation agreement with Howey in the Hills for the subdivision to be annexed into the Town, as a condition of the Town providing them with water.

            Mr. Brian Sheahan, Acting Director, Planning and Community Design, addressed the Board stating that the County has approved subdivisions in the past with sprinklers.  He stated that it is not the County’s preferred method, but is acceptable in areas where it is not feasible to put in a fire well.

            There being no further individuals who wished to address the Board, the Chairman closed the public hearing.

            No one was present in opposition to the request.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to exempt Sweet Bay Subdivision from connection to a regional/subregional potable water system; and to allow use of individual wells as an Interim Potable Water System, with the following conditions, to be noted on the Final Approved Plat:

a.                   The lots within the subdivision shall connect to a regional potable water utility system, when it becomes available; and

b.                  At the time of transition from individual wells to central water, proper abandonment of any individual wells be completed; and

c.                   An approved sprinkler system is to be installed in each home, taking out the requirement for the Fire Well System and Fire Hydrants, which is to be noted on the plat and kept on file in the Building Department.

      OTHER BUSINESS

      APPOINTMENT OF 2007 INDUCTEES INTO WOMEN’S HALL OF FAME

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by 5- vote, the Board approved the Women's Hall of Fame Committee's recommendation to induct Ms. Barbara Mittermaier and Ms. Antionette Viti as the 2007 inductees into the Women's Hall of Fame.

      REPORTS – COUNTY ATTORNEY

            HEALTH CARE FACILITY-HOME FOR THE AGED RESOLUTION

            Mr. Sandy Minkoff, County Attorney, informed the Board that this was a request for approval of a Resolution authorizing the Florida Development Finance Corporation to issue taxable non-exempt bonds for a Health Care Facility-Home for the Aged in Clermont.  He stated that Lake County has an interlocal agreement with said corporation that authorizes this type of issuance and that the Resolution was reviewed by the County’s bond counsel and in no way are Lake County funds obligated for the bonds.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of Resolution No. 2007-157, authorizing the Florida Development Finance Corporation to issue taxable and tax-exempt revenue bonds not to exceed $40,000,000, to finance the construction of a Health Care Facility-Home for the Aged in Clermont.

            REPORTS – COUNTY ATTORNEY

            LYNX CONTRACT

            Mr. Sandy Minkoff, County Attorney, stated that this request, added to the Agenda this date, pertained to the LYNX contract, noting that the County has been negotiating back and forth with them and it is his understanding that the County received a new contract on Monday, October 1, 2007, which appears to be in good order.  He stated that LYNX has agreed to provide the same service that the County is currently providing for $30,000 less per year, and it involves the same number of buses.  He stated that staff would like to extend the current contract for 30 days, with the reduced price, and, when they get a chance to review the final contract, it will be brought back to the Board within that 30 day period for approval.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to extend the current contract with LYNX for 30 days, as requested by staff.

            REPORTS – COUNTY ATTORNEY

            UMATILLA CITY COUNCIL MEETING

            Mr. Sandy Minkoff, County Attorney, informed the Board that he would be attending the Umatilla City Council Meeting this evening requesting assistance with the operation of their water system, which the County assumed operation of on Monday, October 1, 2007.

            Commr. Cadwell interjected that he would also be present at said meeting, to discuss the issue of the park with them, and wanted to let the Board know that he had met with the City Manager and asked that the City provide the water now and in one year the issue will be brought back to the Board, to be readdressed at that time.  He stated that, if that does not happen, the County will have the City cut the water off and, by then, a water system will have been built.

            REPORTS – COUNTY MANAGER

            METRO-ORLANDO ECONOMIC DEVELOPMENT COMMISSION RESOLUTION

            Ms. Cindy Hall, County Manager, requested the Board’s approval to support a Resolution that was passed by the Board of Directors of the Metro-Orlando Economic Development Commission (EDC), which supports the funding of two Florida medical schools, being the University of Central Florida’s College of Medicine and the Florida International University’s College of Medicine, at which time she read into the record the contents of a letter that she received from the EDC requesting said support.

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

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to support said Resolution.

            REPORTS – COMMISSIONER HILL – DISTRICT 1

            RENEWABLE ENERGY REPORT

            Commr. Hill stated that she went to Tallahassee on Thursday, September 27, 2007, for a presentation about renewable energy, a very technical issue.  She stated that staff is still looking at some of the aspects of it, noting that she is going over a lot of it with the County Attorney and the County Manager, before she gives the Board a report.  She stated that the County might want to include in the legislative package the fact that it is very concerned about conservation and renewable energy.  She stated that it is the Governor’s initiative to reduce carbon use within the State and, if the Board wished to approve it, staff would put something together, language-wise, to put in the legislative package.  She noted that she would be bringing a report back to the Board at a later date.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            CHERRY LAKE TREE FARM DRI   

            Commr. Renick informed the Board that it was recently brought to her attention that the Cherry Lake Tree Farm DRI (Development of Regional Impact) is creating enclaves and, since the Board will be holding its first meeting, in a series of meetings, with the County’s various department heads on Monday, October 8, 2007, and the first meeting will be with Public Works, if the Board were in agreement, she would like to have the Public Works staff be directed to share with them transportation impacts, as far as the Cherry Lake Tree Farm is concerned, and then the Board can decide whether or not they want to send comments to the Central Florida Regional Planning Council, or to the Department of Community Affairs, based on what they learn at that meeting.

            Commr. Stivender asked that the City of Groveland be notified of said meeting, so that they can have representatives present.

            Mr. T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (MPO), addressed the Board stating that the MPO is acting as staff, under contract with the City of Groveland, doing the transportation review of the DRI and all issues are not resolved.  He stated that the City should not be approving a DRI that has direct impacts on Cherry Lake Road, unless they have an accord with the Board for the County to adopt in its Comprehensive Plan improvements to Cherry Lake Road, so this is a good opportunity for the MPO, who works for both the County and the City of Groveland, to show intergovernmental coordination.  He noted that the matter of SR 19 and the intersection of SR 50 needs to be addressed, as well.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            INTERLOCAL SERVICE BOUNDARY AGREEMENTS

            Commr. Renick stated that, with regard to cities and enclaves, she and staff were discussing Interlocal Service Boundary Agreements and questioned whether it is something that the Board would want to consider.  She stated that the JPAs (Joint Planning Areas) have not worked out the way it was hoped they would and that the Interlocal Service Boundary Agreements may be something that will work out better.  She asked that a draft Resolution be prepared, to initiate negotiations with the cities regarding same, and questioned whether the Board would like to have that information.

            It was the consensus of the Board that they receive said information.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            COUNTY’S PARATRANSIT SYSTEM WORKSHOP

            Commr. Stivender requested that a workshop be held regarding the County’s Paratransit System, noting that some cutbacks were made by Medicaid and the County and she would like for the Board to look at the charts, to see exactly which citizens are being affected by those cuts.  She stated that she has already met with Senator Baker and will be traveling to Tallahassee next week to talk to the legislators about the Medicaid cuts.  She stated that a notice is going to be sent out to the riders, informing them that, as of a certain date, they will no longer be able to ride the system.

            It was noted that the matter will be discussed at the Board Meeting scheduled for Monday, October 8, 2007, and that said meeting is being moved from the Agricultural Center to the Board of County Commissioner’s Meeting Room.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            BILL REGARDING SALE OF ALCOHOLIC BEVERAGES BY KEG

            Mr. Sandy Minkoff, County Attorney, informed the Board, as requested by Commr. Stivender, that last year a Bill was introduced to the Legislature, requiring vendors that sell alcoholic beverages by the keg to put tags containing an identification number on them and to record who the keg was sold to, enabling law enforcement, when responding to an incident where a keg of alcohol was provided to minors, to determine who actually purchased the keg.  He stated that the Bill was not passed by the Legislature; however, the Chairman of the Safe Climate Coalition asked Commr. Stivender to see if the Bill could be passed on the local level and he informed her that it could, if the Board chose to do so.

            It was noted that the matter has been discussed with the alcohol distributors in the County and they have no problem with said Bill, in that it is not meant to cut down on the amount of kegs purchased by adults in the County, but is only meant to protect the under-aged children in the County.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            WEATHERIZATION DAY PROCLAMATION

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2007-158, proclaiming October 30, 2007, as Weatherization Day in Lake County.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            RESIDENTS’ RIGHTS MONTH PROCLAMATION

            On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2007-159, proclaiming October, 2007, as Residents' Rights Month.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            CIVIL AIR PATROL PRESENTATION

            Commr. Stewart stated that Lt. Col. David Mosley, with the United States Air Force, Civil Air Patrol, spoke very eloquently about the County’s veterans earlier in the meeting and that she feels words cannot express what the Country owes it veterans – the men and women who put their lives on the line and the ones who have given up their lives defending the freedoms that we have in this Country.  She stated that we can never repay them for their sacrifices, but we can find ways to show them our gratitude, at which time she noted that she would like the Board’s permission to look into some programs that many other counties in this State have used to honor their veterans, which is in the form of grants that are given to veterans that have been in combat zones, to help them with their ad valorem taxes.  She stated that it will help them deal with some of their financial issues and, once they return home, it will help them get re-established in the community and financially get back on their feet.  She stated that there would be a time limit on the grants and they would only go back to the year 2001, when, after September 11th, the Country started sending its men and women to combat zones.  She stated that she would also like to see the County show its appreciation to the veterans by letting them ride the fixed route transit system for free, by providing them with cards, allowing them to do so.  She stated that it would show the veterans in this County that the citizens appreciate them and questioned whether the Board would be interested in having staff look into some programs that might help its veterans.

            It was the consensus of the Board that staff do so.

            CITIZEN QUESTION AND COMMENT PERIOD

            No one present addressed the Board.

            ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:40 a.m.

 

 

 

                                                                                                ____________________________________

                                                                                                WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK