FEBRUARY 19, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, February 19, 2008, 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, Vice Chairman; 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; Neil Kelly, Clerk of Court; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.


Reverend William Tyson, Union Congregational Church, gave the Invocation and led the Pledge of Allegiance.


Ms. Cindy Hall, County Manager, stated that they had an Addendum 1, which was a public hearing on the Keg Registration Ordinance, and she also wanted to pull Tab 24, a presentation regarding child obesity, because they were not quite ready to bring that forward yet, as well as Tab 21 on the Consent Agenda, since they were still working on that one.

Commr. Cadwell stated that they would hear the Addendum 1 under Public Hearings after Tab 33.

Commr. Hill stated that she would like to add to her business a discussion regarding Niagra Bottling Company.


            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of January 18, 2008 (Special Meeting – Goals Retreat), as presented and January 22, 2008 (Regular Meeting), as presented.


On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 6, as follows:

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.

Transfer of Funds and Unclaimed Excess Proceeds for Tax Deeds

            Request to transfer funds from Clerk’s account to Board of County Commissioners’ account and acknowledge receipt of Unclaimed excess proceeds for tax deeds totaling $21,407.42

Properties Placed on Lands Available List

            Property placed on the Lands Available List - Lake County has until April 28, 2008 to purchase property from Lands Available List before it is available to the public.

Ordinances from City of Mount Dora

            Request to acknowledge receipt of copy of Ordinance No. 2007-968 from the City of Mount Dora, annexing property generally located on State Road 44, North of US Highway 441, Mount Dora, comprising 38.78 acres more or less, contiguous to the City of Mount Dora and being annexed in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes, along with cover letter dated January 16, 2008 conveying said ordinance.

Ordinances from City of Leesburg

Request to acknowledge receipt of City of Leesburg Annexation Ordinances, as follows:

Ordinance No. 08-02, Florida Fruit Company Annexation, annexing certain real property consisting of approximately 80 acres and being generally located south of C.R. 48 and east of Number Two Road, lying in Section 20, Township 20 South, Range 25 East, Lake County, Florida.

            Ordinance No. 08-05, Hawthorne Residential Coop Association Annexation, annexing certain real property consisting of approximately 68 acres and being generally located north of County Road 48 and East of U.S. Hwy 27, lying in Sections 13 and 14, Township 20 South, Range 24 East, Lake County, Florida.

Ordinances from Town of Lady Lake

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

Ordinance No. 2007-37, voluntarily annexing property being approximately 9 acres of land owned by A F Properties LTD et al, located west of Summit Street and north of Anderson Lane into the corporate limits of the Town of Lady Lake.

            Ordinance No. 2007-38, pertaining to comprehensive planning in the Town of Lady Lake, amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan, providing for small scale Future Land Use Map Amendment.

            Ordinance No. 2007-39, redesignating Zoning Classification for certain property owned by A F Properties LTD et al, located within the town limits of the Town of Lady Lake, rezoning subject property located west of Summit Street and north of Anderson Lane from Lake County Agriculture to Lady Lake Mixed Residential Medium Density (MX-8).

            Ordinance No. 207-41, amending Chapter 5 of the Lady Lake Land Development Regulations, providing a new zoning classification to allow for one dwelling unit per acre Residential Land Designation referred to as Single Family Very Low Density Residential (RS-1).


On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 20, pulling Tab 21, as follows:


Request for approval of the following Budget Change Requests:

1.  Budget transfer - Stormwater Management - Roads MSTU Fund, Department of Public Works, Road Operations Division. Transfer $135,430 from Contractual Services to Roads. The 2008 Countywide Microseal Road Project was budgeted in the Contractual Services account. It should be expended from the Roads account. The remainder of this project is in the Sales Tax Roads account using the carryforward balance from the 2007 Dwight's Road project. Funds available in Contractual Services.

2.  Budget transfer - Stormwater Management - Stormwater MSTU Fund, Department of Public Works, Engineering Division, Stormwater Section. Transfer $7,955,977 from Professional Services, Land, and Improvements to various project accounts. This budget change request will set up project accounting in the Stormwater MSTU for Fiscal Year 2008 retroactive to October 1, 2007. All Stormwater paid expenses, current encumbrances and upcoming needs for Fiscal Year 2008 will be placed into project accounts.  The Professional Services Land and Improvements accounts have the funding needed for these projects.

Community Services

Request for approval of funding of the Lake County Shared Services Network in the amount of $25,000 for FY 2007/08. Funding will be taken from the Crime Prevention Fund established by the County pursuant to F.S. 775.083(2).

Request for approval of the transportation Standard Coordinator Contract between the Lake County Board of County Commissioners and New Seasons Agency.

Request for approval of the transportation Standard Coordinator Contract between the Lake County Board of County Commissioners and Rose of Sharon of Central Florida, Inc.

Request for approval of the transportation Standard Coordinator Contract between the Lake County Board of County Commissioners and Hyacinths Agency, LLC.

            Request for approval of the transportation Standard Coordinator Contract between the Lake County Board of County Commissioners and Count Your Blessings, Inc.

            Request for approval of the transportation Standard Coordinator Contract between the Lake County Board of County Commissioners and Hanna House of Care.

            Growth Management

            Request for approval of Satisfaction & Release of Fine Property Owner: Dennis L. & Viola W. Stevens, Code Case# 2004010009 - Commission District 5.

            Request for approval of Satisfaction & Release of Fine Property Owner: Eric Lee Porter, Code Case# 2005090202 - Commission District 5.


            Request for approval to (1) declare the items on the attached list surplus to County needs, (2) authorize the removal of all of the items on the attached list from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign vehicle titles.

Request for approval to award ITB# 08-0808 for two (2) each Cab/Chassis with 60K Roll Off Hoist to Freightliner of Tampa in the amount of $220,924.00.

Request for approval to award the second low bidder, Wagner 3 Ventures, Inc., in the amount of $96,428.97 and an Owner's Contingency of $4,821.45 to be used at the discretion of the Director of Capital Construction - Commission District 3.

Public Works

Request for approval and authorization for Chairman to execute satisfaction of the lien for one road assessment.  Commission District 5.

Request for authorization to release a letter of credit in the amount of $52,586.00 posted for Meadows at Sunnyside. Meadows at Sunnyside consists of 38 lots and is located in Section 30, Township 19 South, Range 25 East. Commission District 1.

Request for authorization to execute Resolution No. 2008-21, accepting Hammock Ridge Road (County Road No. 0945) from Lakeshore Drive (County Road No. 1040) to US-27 into the County Road Maintenance System. Commission District 2.

Request for authorization to release a letter of credit for maintenance in the amount of $8,733.00 posted for Homestead Hills. Homestead Hills consists of 11 lots and is located in Section 1, Township 19 South, Range 26 East. Commission District 4.

Request for approval of the City of Clermont’s bid and award to Boykin Contractor for the Legends Way Phase II project. Commission District 2.

Request for approval to write off Special Assessment balance principal plus accrued interest in the amount of $32.52 and approval to execute and record a Satisfaction of Lien.  Commission District 2.


Commr. Renick stated that she would like to pull Tab 23 for discussion.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 22 of the County Attorney’s Consent Agenda, which was a request for approval of an increase in hourly rates for Outside Counsel of Nabors, Giblin & Nickerson.

Commr. Cadwell asked if the discussion for Tab 23 would be short or if she would like to do it under her business.

She replied that they should wait and do it under her business.




Mr. Fletcher Smith, Department of Community Services Director, explained that this agenda item was to recommend to the Board and the National Institute of Corrections a consultant to work with Lake County to complete the Jail and Justice System Assessment.  He stated that back in May, they brought this to the Board to recommend from the Public Safety Coordinating Council (PSCC) that they do this assessment that would look at the judicial system from the very beginning from the point of arrest as each case worked its way through the system to see if there were deferral types of programs to reduce the number of people that were in jail.  He related that they were going to be working on a grant with LifeStream to look at doing a planning grant to perhaps establish mental health court.  He summarized that this study would look at the system as a whole to see if there were ways that they could streamline the process to reduce the overcrowding in jail.  He reported that the subcommittee was made up of Mr. Howard Babb, Public Defender; Mr. Mike Stone, Chair of the PSCC; Mr. Tony Deaton, Director, Lake County Probation Office; Ms. Susan Berg, Court Administrators Office; and Major David Mass, Lake County Sheriff’s Office, and that they recommended two consultants, Mr. Kevin Warwick and Mr. Mark Goldman.  He specified that Mr. Warwick was chosen because of his focus when he did a study, including looking at alternative programs to incarceration, whereas most of the other consultants focused more on the facility end of corrections.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 28, the request from Community Services for endorsement of the recommendation from the Public Safety Coordinating Council regarding the consulting firm selected to complete the Lake County Jail and Justice System Assessment of Mr. Kevin Warwick, and if he was unavailable or if there was a problem, to go with the second choice of Mr. Mark Goldman.



Mr. Fletcher Smith stated that he asked Ms. Andrea Payne, Executive Director, We Care of Lake County, to do a very brief status report on the first quarter of work that We Care had done in Lake County.  He commented that they have had amazing results.

Ms. Payne reported that they have had 167 people referred to them needing We Care services, and they were able to place 58 of those and had 58 currently waiting; the remaining 51 were either deemed ineligible for their program, they found other insurance, or their problem was resolved.  She specified that in the first quarter, they were able to generate almost $700,000 worth of value of services, and she compared this to last year’s total of $811,325, which showed that they had seen significantly more patients and have been able to provide significantly more service this year.  She explained that one of the reasons for this was that they had more physicians who were volunteering with them, but commented that they still needed more to be able to see people who were still waiting and to lighten the load of those physicians who were already volunteering.  She related stories of some of the people that they had been able to help.  She commented that there were a lot of working poor residents who would take care of their families and their health if they had health insurance and money to do it and that the We Care program was seeking more volunteer physicians to be able to take care of more people.

Commr. Cadwell stated that they could perhaps write a letter as a Board to the medical society to appeal to them for volunteer physicians.  He also mentioned that he appreciated her efforts to help those people who needed it.




Mr. Ken Harley, Public Transportation Director, stated that this was another amendment with the Commission for the Transportation Disadvantaged for their Medicaid funds and mentioned that their Medicaid funds had been on a roller coaster ride this year.  He specified that the funds started off at $84,000 per month; then it was reduced down to $56,000 per month from September through December, and then in January through June, it was supposed to be $39,000 a month.  However, he related that was going to be changed again, so they would be coming back with another amendment, because they had gotten those funds restored back to the full amount starting on March 1.  He explained that this agreement was to have a reduction in their payments from $84,000 to $56,000 per month from September through December and allowed them to bill Medicaid for over $200,000 for those few months.

On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved Tab 26, the request from Community Services for approval of the Medicaid Non-Emergency Transportation Agreement No. 4 between the Lake County Board of County Commissioners and the Florida Commission for the Transportation Disadvantaged.

Commr. Stivender thanked Mr. Harley for his hard work which resulted in getting those funds from the State.


Ms. Allison Thall, Citizens Support Services Director, addressed the Board regarding a mini-grant that they had applied for and explained that they were seeking retroactive approval of a Communities for a LifeTime grant through the Department of Elder Affairs.  She reported that there was a little bit of money that was available for them to apply for, and they decided to work with their Community Health Worker Outreach Program to develop a specialized bi-lingual flip directory which had English on one side and Spanish on the other.  She noted that this would target the low-income, low literacy, and low socio-economic seniors and would specifically include all human service information to help them locate services or programs.  She also mentioned that they would use the Community Health Worker staff to help with translation purposes.  She related that the grant funds, which would probably be somewhere between $3,000 and $5,000 would be specifically for publication purposes.  She also pointed out that there was no match for this grant and that it was nonrecurring.

On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 27, the request from Community Services for retroactive approval for application for the Department of Elder Affairs nonrecurring mini-grant for Communities for a LifeTime related projects.



Mr. Jim Bannon, Facilities Development and Management Director, mentioned that they were abandoning Maud Street, and as part of that process, they needed to move all the utilities out of the street.  He was requesting approval to work with Embarq to remove their fiber optic cable from Maud Street and the amount of $220,000 for this project.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 29, the request to approve the re-routing of existing phone, fiber, and conduit lines located under Maud Street.



Ms. Angie Thompson, Impact Fee Coordinator, explained that Tab 30 was an appeal of a denial of a request for refund of prepaid impact fees and that Mr. Russ Hutton, the person requesting the refund, prepaid for a lot within the City of Eustis and was unable to proceed with his project due to the building moratorium in the city.  She related that he had requested an exemption from them, which was denied, and then requested a refund of his prepaid impact fees so that he could pursue another project.  She noted that the Lake County Code did not allow for refunds for that particular reason.  She explained to Mr. Hutton that he could appeal to the County Manager and then to the Board, but he requested that the appeal go directly to the Board, and since they had done that in the past, they went ahead and put it on the Agenda.  She stated that since the Code did not allow refunds for this reason, staff recommendation was for denial due to the precedent that the Board would be setting if they did approve it.

Commr. Hill stated that they just approved a new ordinance and inquired whether this kind of situation was addressed.

Mr. Sandy Minkoff, County Attorney, explained that under the new ordinance, if an applicant prepaid, they could not get a refund and that it was an irrevocable choice to prepay.  He further explained that the prepayment was only treated as a complete payment of impact fees for twelve months, and after that it became a credit as to whatever the impact fees would be at the time of construction.

Mr. Steven Macek of Macek Enterprises, Inc., addressed the Board to point out that he was not asking for a refund, but just the ability to use the funds for another building project in Lake County.  He proposed that this would be a transfer to be used within the County because of the building moratorium imposed by Eustis.  He also noted that he had limited financial resources and did not know if Eustis would ever allow him to build on that property.

Commr. Renick pointed out that the impact fee payment certificate stated that prepaid impact fees could not be refunded and that the applicant assumed a certain risk when they prepaid them, but that she was torn about this situation, since he was not able to build on his present site.

Commr. Cadwell commented that if the County took some type of action that caused them not to be able to use their property, then it might be a different situation.  He stated that this was because of an action by the City of Eustis which was still ongoing, but they were not doing it in a timely manner that made business sense for him.  He thought they would be going down the wrong road by approving this and that this would encourage others to transfer the prepaid funds if a project was not moving fast enough.

Mr. Macek added that the only reason he came before the Board was because he was impacted by the decision of the City of Eustis, and when he first paid the fees, that was not even on the horizon.  He felt that he got caught up in a political situation.

Mr. Minkoff explained that when someone did a prepayment, they were buying an option at that point, and in this case he took advantage of a lower school impact fee.  He also stated that was why it was clear that it was not intended to be refunded, and in order to take advantage of the lower fee, they needed to make sure they had all their ducks in a row before they prepaid it.

Commr. Cadwell stated that he agreed with staff on this one, and he thought they needed to uphold staff’s recommendation.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board moved to uphold staff’s recommendation, which was to deny the impact fee refund request.



Ms. Thompson explained that this item had to do with the interlocal agreements that had gone out to all the municipalities as a result of the ordinance that the Board passed in December, and they were asking for Board approval to allow the County Manager or her designee to sign these agreements when they came in so they did not have to bring each individual agreement back to the Board.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 31, a standard Interlocal Agreement between the Lake County Board of County Commissioners and the municipalities for impact fees and to authorize the County Manager or the County Manager’s Designee to approve each agreement.



Mr. Barnett Schwartzman, Procurement Services Director, explained that this was a routine award for engineering services and was a one time contract.  He related that the award was being recommended to the highest ranked bidder, with whom they negotiated a price they considered fair and reasonable.  He pointed out that this was only a departmental item because of the dollar value, and he recommended approval.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to award and execute the contract with Dyer, Riddle, Mills & Precourt, Inc. for engineering services for Lake Eustis Drive/Lakeshore Drive Stormwater Improvements in the amount of $172,981.00.




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


The Chairman opened the public hearing.

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

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2008-8, changing and clarifying the role of the Mt. Plymouth-Sorrento Planning Advisory Committee.



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


Mr. Minkoff noted that Ms. Kimberly Williams, Assistant County Attorney, sent the Board two proposed changes to the ordinance, which staff would like to have considered if they elected to go forward with this today.

Commr. Stivender commented that she had worked with all the agencies on getting this started, and it did go to the State, but not passed by them.  She thought that even if it saved one or two lives, they needed to try it.

Commr. Cadwell stated that they wanted to do what they could, but if there was a large problem in the County of parents buying alcohol for their underage children, they had a lot bigger problem than what a keg ordinance was going to cure.

The Chairman opened the public hearing.

Ms. Debi MacIntyre from the Safe Climate Coalition, stated that keg parties were used in Lake County by young people to get a lot of alcohol quickly and cheaply.  She pointed out that up until January 2006, Lake County was sixth in the state for underage drinking and that we were now 23rd, but only two percentage points away from being in the top ten percent again.  She gave statistics showing that a large percentage of middle and high school students have used alcohol and were using alcohol on a regular basis.  She reported that research showed that more teens died from alcohol overdose or drunk driver crashes than all other causes, including illegal drugs, all put together.  She also stated that people who drank before age 15 were four times more likely to develop alcohol dependence by the age of 21.  She pointed out that keg registration was not intended to penalize the retailers or the industry in any way, but the law would actually protect the retailers by proving that they had not sold a keg to someone who is underage.  She also did not think that purchasers who were 21 and over who did not intend to provide beer to underage people would drive out of their way to avoid keg registration.  She stated that they had worked with the County Attorney’s Office and the Sheriff’s Office to develop an enforcement plan, and if the ordinance was passed today, they would immediately start to pull together the necessary parties to make sure that if they had issues in other counties, they would do their best to make this law enforceable.

Sergeant George Delahoz from the Florida Highway Patrol stated that in the last five years in Lake County, there had been 58 traffic-related fatalities involving drivers under the age of 20, many of which were determined to be alcohol-related.  He opined that if they could save one life and could keep one person from drinking and driving and getting into a crash, then it would be effective.  He thought that by requiring two pieces of identification (ID), they would help to eliminate one of the biggest problems, which was the use of fake ID’s, because it was a lot harder to have a second piece of identification than to provide just one.  He assured the Board that the fine or consequences of violating this ordinance would not be too severe or excessive and would be comparable to the fine for a minor traffic infraction, but they wanted to make people who would buy kegs aware of the law.  He commented that it was becoming a problem, not just in Lake County, but statewide, that parents were hosting drinking parties.  He was concerned that kegs were an easy, abundant way for them to get a lot of alcohol, and it was causing a problem.

Captain Leroy Oliver with the Lake County Sheriff’s Office addressed the Board to show support for the Keg Registration Ordinance, and stated that he had been a law enforcement officer in Lake County for 35 years and had seen a lot of changes in the behavior of their youth and adults.  He believed that if they were to pass this ordinance, it would give law enforcement a bit more authority in determining the origin of the kegs in case they ran across one and would give them a way to find out who was selling the alcohol to their youth.  He also mentioned that on many occasions, the Sheriff had sent out his special investigative unit under cover to go around to each of the licensed establishments in Lake County, and they had made many arrests of people that were violating the rules and regulations that the County already had.  He pointed out that beer was still the overwhelming alcoholic beverage of choice for young people and opined that if they worked together, they could slow this down.

Mr. Bob Whitworth, Chaplain and Victim Advocate for the Lake County Sheriff’s Office, stated that he had to give death notifications too many times about the juveniles in the County who had died in an automobile accident because of alcohol, and each time he had seen the pain that was etched and would be forever etched on the faces of the parents.  He commented that the fact that the fatality was caused by alcohol adds to that pain.  He hoped that the County would be far-sighted enough to do everything they could to prevent that, and he thought that this legislation could have a positive impact in the County.

Ms. Rebecca Oden, Special Agent with the Division of Alcoholic Beverages and Tobacco and the Department of Business and Professional Regulation, explained that her job was to enforce the state statutes as well as county and city ordinances that were passed in regard to alcohol and tobacco laws within the State.  She related that she had seen that kegs were a large supply of cheap alcohol for any individual that wished to purchase it.  She reported that the Pacific Institute for Research and Evaluation put out what they considered the regulatory strategies for preventing youth access to alcohol and what they called best practices, and one of their recommendations was that a keg registration be in place to allow the tracking of the keg.  She specified that the average number of kegs sold in Lake County was 694 kegs per month, which totaled 8,325 a year.  She also cited statistics which stated that 68 percent of 18 to 20 year olds have had access to alcohol that was purchased by someone over the age of 21 and noted that keg registration would track those over 21 years old who were purchasing these kegs for the youth in the County.  She also commented that 31 states currently had keg registration laws and had noticed a decrease in the availability to youth.  She stated that this ordinance would provide their agency as well as the County a method of tracking the kegs, and if there was a violation, both the County and the State could take the proper enforcement actions.  She hoped that they could communicate to other counties that this was important to restrict the access of alcohol to their youth.

Ms. Kyleen Fischer, District 5 Representative for the Lake County School Board and Advocate for the Shared Services Network of Lake County, opined that they had a very vibrant education system in Lake County with 40,000 students, whose achievements were greatly lessened by the impact of alcohol.  She stated that the Board had an opportunity to be a part of an intervention program, and she urged the Board to allow the County to be strong, be different, and become initiators and to make sure the youth in this County were protected.  She also mentioned that the damage done by alcohol on the juvenile brain was irreparable.  She reported that there was a predisposition to alcoholism and addiction, and the first drink could be an indicator of how they might live out the rest of their adult life.  She entreated the Board to listen to the speakers that were there that day, and commented that 40,000 students deserved to have a very healthful environment.

Ms. Delrita Guzman, Upward Bound Program Manager at Lake Sumter Community College, stated that her students had talked about the impact this ordinance would have on their youth, and there were student supporters in Lake County from Tavares High School and pre-college program participants of Upward Bound that were preparing for a post-secondary institution that would be speaking in support of this ordinance.

Mr. Christopher Stepp from Tavares High School stated that he would be introducing the Upward Bound students that were in favor of the keg ordinance, and many would be going over the statistics that were referred to or tell stories of their families or friends.

Ms. Janice Icker stated that aside from the fact that underage drinking was illegal, it was a high risk to both individual and society.  Ms. Erin Crowe reported that drinking and driving was the leading cause of death among youth from the ages of 15 to 20, and in one study, 37 percent of eighth grade females who drank heavily reported attempting suicide.  Ms. Icker added that approximately 10 percent of female high school students had been raped from the drinking of alcohol.

Ms. Katelyn Crowe suggested that they start tagging kegs and limiting the number per store or per distributor or raise the prices.  She noticed from working in a grocery store that the price of beer had not risen as much as the groceries had, and she thought that the higher the price, the less consumption and alcohol-related problems they would have.  Ms. Christine Primeau commented that she believed it was very important for teenagers to support this ordinance, and teens who drank were different from adults who drank.  She cited research which showed that teens were more likely to drink a lot in a small amount of time and that teens also seemed to be able to stay awake and drink longer than adults.  Also, she reported that adolescents needed to drink only half as much as adults to suffer the affects of alcohol.  She commented that this ordinance would affect underage drinking, making it more difficult for teens to access alcohol, and was why they supported it.

Mr. Daniel Hernandez told a true story regarding a keg that was purchased for a cousin’s party, which resulted in teens getting out of control and fighting.  This resulted in someone pulling a knife, ending in three deaths and an injury.  He believed that this could have been prevented if an adult was responsible enough to know not to purchase the keg.

Ms. Amanda Clements thanked the Board for letting them come before them and commented that they were tomorrow’s future.  She pointed out that if people were dying because of drunk driving and alcohol consumption, they should try and prevent it.  She related that many students would not sign the petitions supporting the ordinance, which she believed was an indicator of how many of those students drank.

Mr. Steven Stubbs, a senior at South Lake High School, stated that alcohol was easily accessible to them from family members and older friends, as well as parents’ cupboards and refrigerators.  He related that most parties took place on the weekends and during breaks from school. He pointed out that the internet has made it easy for teens by showing how to put kegs together, and the time and place of parties where drinking took place were posted on the internet.  He noted that most of the time beer was the choice of alcohol because it was cheaper than liquor, and kegs were easier to handle than cans because of less clean up.  He commented that he would like to see the keg ordinance pass because he did not want to lose a friend or family member because someone supplied alcohol to them and they were drinking and driving.  He also thought that it was time for their parents to start being parents instead of being their friends.

Ms. Laura Dean Mooney, Chairman of the Public Policy and Government Affairs Committee of the National Board of Directors for Mothers Against Drunk Driving (MADD), stated that she was in strong support of the keg registration ordinance that Lake County was considering.  She related that MADD had a simple mission, which was to stop drunk driving, support the victims of this violent crime, and prevent underage drinking.  She stated that her commitment to eliminate drunk driving began with limiting youth access to alcohol.  MADD believes that delaying the onset of alcohol use is important in ultimately preventing drunk driving.  She also reported that research showed that the earlier one began to drink alcohol, the higher the likelihood of alcohol dependency or abuse.  She agreed that adults providing alcohol to minors was a very large problem, and taking this first step was an important one in getting to an ultimate solution of preventing underage drinking.  She also cited a statistic which noted that 58 percent of middle and high school students have used alcohol at least once in their lifetime and that more than 34 percent have used it in the last 30 days in the County.  She pointed out that MADD strongly believed in limiting youth access to alcohol and had formed youth in action teams across the state and the nation to take an action-based environmental approach that was effective in reducing youth access to alcohol.  She explained that high school aged youth conduct minor sting operations, alcohol purchase surveys, shoulder taps, and shift briefings with law enforcement agencies.  She also commented that they believed that change required new behaviors among adults across this community, not just among underage individuals and that keg registration encouraged responsible selling practices.  She related that one locality that enacted a keg registration law found that enforcement and even the threat of enforcement decreased the number of kegs they found at underage drinking parties.  She opined that this type of pro-active law enforcement prevented underage drinking from happening and also deterred youth from buying alcohol.  She noted that keg registration laws required keg purchasers to give additional information to the seller of the keg.  She did not think that this impacted legitimate purchasers, but discouraged youth from using fake ID’s to purchase kegs.  She also emphasized that keg registration did not penalize the beer industry or retailers, but would only penalize adults who buy beer for those who were underage.  She believed that by supporting keg registration, the industry would become part of the solution to the underage drinking problem and that customers that did not intend to supply beer to underage persons were unlikely to drive to a surrounding county to avoid purchasing kegs at a store that had keg registration, especially given the price of gasoline.  She encouraged the Board to take this opportunity to help prevent underage drinking and join them in the battle to save the lives of young people in this and adjoining counties.

Mr. Chris Osborne, Coordinator, Youth Alcohol Prevention at the Florida Office of Drug Control, stated that their office supported keg registration, not only on a local level, but also at the state level.  He reported that currently 30 of the states had keg registration and that underage drinking cost the citizens of the State of Florida over $3.5 billion each year, but 29 of the 30 states that currently enforced keg registration had underage drinking societal costs lower than that.  He commented that clearly the most effective keg registration legislation would be at the state level, but to get to that point, if must first be demonstrated that it could work at the local level.  He stated that Lake County was in a position to serve as a pilot, not only for other local ordinances, but for state law.  He mentioned, however, that since underage drinking was an extremely complex issue, keg registration would not be a panacea, but believed it would be a key component in the prevention and reduction of its use.  He also noted that the support of a keg registration ordinance in Lake County was extremely strong and that the Safe Climate Coalition had collected nearly 1,000 signatures in support of it.  He also assured the Board that they would have the support of the Governor’s Office of Drug Control as well.

Ms. Ellen Snelling with the Florida Coalition for Alcohol Policy pointed out that Lake County really supported this type of ordinance.  She thought it made complete sense for the County to have this ordinance, since the citizens believed that it was such a big problem in Lake County and that a major source of alcohol for underage drinkers was from kegs.  She also commented that by passing this, they would be protecting the health, safety, and welfare of their citizens, especially the youth.

Mr. Mitch Rubin, Executive Director of the Florida Beer Wholesalers Association, addressed the Board in opposition to the keg ordinance.  He started out by saying that their organization opposed underage drinking and worked hard to curtail it.  He agreed that underage drinking was a problem in Lake County and that fewer kegs would be sold in the county if this ordinance was adopted.  However, he believed that if the keg ordinance was passed, the amount of alcohol in general that was sold and consumed in this area would remain the same.  He also commented that there were a lot of laws regarding the responsible consumption of alcohol and forbidding underage drinking, and they thought those laws should be enforced.  He thought that this ordinance was a single-targeted, single package remedy that had not shown to be the nature of the problem.  He asked how many kegs law enforcement had confiscated in this county in the past year and commented that that would be the data that would really prove something.  He brought up several problems with the ordinance, including that illegitimate purchasers would be able to go across the county line to purchase a keg; consumers could switch packages; the tags were easily removable; the proposal envisioned a limited number of metal kegs without taking into consideration those made of a plasticized cardboard; the kegs could be returned to other chain locations outside the county or a scrap yard; and the law would make criminals of visitors and tourists who innocently possess a keg who come into the county.  He also pointed out that keg registration was not really seriously considered at the State level because it was not seen as effective and that neither the Highway Patrol nor the ABT appeared before the Senate committee and urged adoption of keg registration.  He also was concerned that distributors and manufacturers fell within the definition of vendor in the ordinance, since they did sell kegs for off-premise consumption and thought that it should be clarified that they sold to retailers.  He opined that the structure of the ordinance regarding the penalty and the violations of the article sections were problematic and put most of the responsibility for compliance on the retailer.  He was concerned that the retailer would have too much liability under the proposed ordinance.  He thought that the discussion should be regarding all underage drinking and how to prevent it and that there was serious question about whether this matter was pre-empted to the State.  He also inquired about how many cases were ever made under a keg registration law to help solve a crime.  He concluded by stating that they preferred to focus on preventing underage drinking with educational programs and enforcement of existing laws and not on ordinances that burdened retailers without any appreciable benefit.

Commr. Stivender pointed out that they had also been working on educational programs with the Safe Climate Coalition and the Shared Services Network, such as Sticker Shock that puts the stickers on the cans, and they had a lot of distributors within Lake County that had been helping them with those issues.  She also wanted him to understand that this keg ordinance was about educating, not stopping them from selling.  She clarified that she had the County Attorney’s Office review the ordinance before it was presented.

Mr. Minkoff explained that they looked at the pre-exemption argument, and their opinion was that they thought they could support the ordinance and that it was not the only alcohol regulation that they had.  He also pointed out that there was no case law that would support either of the positions, so if it were challenged, it would be something that they would advocate in court.

Mr. John Williams, President and part owner of Wayne Densch, Inc., the Anheuser-Busch distributor in the northern part of Lake County, stated that he agreed with the majority of what was said that day and that he was adamantly opposed to illegal consumption of their product or any type of alcoholic beverage.  However, he believed that the ordinance was bad public policy which did not really address underage drinking, and he reported that draft beer was a very small part of his sales portfolio.  He related that a while back there was a rash of states that enacted keg registration laws but that there were no successes reported from any of that legislation.  He pointed out that a county ordinance would not have any impact on any of the surrounding counties.  He also thought that the only thing it might do was to drive the offenders to different and other forms of alcohol.  He stated that most of the successes from alcohol-prevention programs which had occurred were from an inclusive partnership of all involved and that they would like to be involved in such an effective partnership that would educate and help people make good decisions.

Mr. David Spinler, Vice President of Sales for Wayne Densch, Inc., gave a brief update on some of their consumer awareness and education programs.  He related that they worked with local law enforcement doing sting operations, which they have funded; have worked with the Lake County Education Foundation; and have provided speakers for Leesburg High School.  He reported that about 35 percent of his budget was spent in Lake County for such things as responsible consumption of alcohol billboards, partnering with law enforcement, and appearances at the Leesburg Bike Fest.

Mr. Jeff Schenk, a resident of Winter Park and a seller of beer in six Central Florida counties, felt strongly that they would do everything they could to stop people from abusing alcohol.  He commented that the things they heard that morning were tragic, but thought that if some of the energy put into the presentations today were reapplied to educating the parents in the community, then they would be a little closer to saving a life.  He stated that he was in agreement with Mr. Rubin’s view and that he was very concerned with the language in the proposed ordinance.  He suggested that the County Attorney’s Office tighten up the language and that they look at everything possible that could be done from the County perspective to avoid a legal challenge to this.

Captain Oliver addressed the Board to rebut some of the opponents’ statements, and cited a Louisiana State University study that found that cities with keg registration laws were more likely to have a lower rate of alcoholic-related traffic fatalities within their county.  He also mentioned that he pulled a statistic from his CAD system that showed there were some arrests made where there was a keg involved.  He stated that he would get the information to the Board regarding how many keg arrests that had been made.

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

Commr. Cadwell expressed concern about Page 3, Item 3 of the ordinance which stated that “it shall be illegal to possess an unregistered keg in Lake County,” and that the county lines in Central Florida did not mean anything except for them jurisdictionally.  He commented that people did not think about that a lot, especially in some areas of the county such as Astor.  He asked Captain Oliver if someone who was stopped and had an unregistered keg would get a ticket.

Captain Oliver stated that the concern was that police officers had discretion after looking at the totality of the offense, and they would make a decision.  He stated that if the person with a keg was an adult, the officer could either give a verbal warning and educate them to the fact that the County had keg registration, write them a summons, or make a physical arrest.  He commented that chances were that they would make a decision using their judgment after looking at the totality of the factors.

Commr. Stivender commented that within a year, they should have statistics which showed the effectiveness of the ordinance and that she did not think if would affect the beer distributors’ business at all.

Commr. Stewart asked if the ordinance would require tagging the four-gallon plastic kegs.

Mr. Minkoff responded that the ordinance would apply to any container which would hold four or more gallons.

Commr. Renick stated that she did not want to give anyone the impression that this was something that would prevent underage drinking or drunk driving, but that this was just one small step that they could do.  She thought this might make someone think twice before purchasing alcohol for underage drinkers and that it was worth taking the step to find out if it was effective or not.  She also felt that if there were some unintended consequences as a result of the ordinance, they could deal with those as they came up.

Commr. Stewart commented that education and encouraging their youth to make good choices was important and that this problem had been around for a long time.  She also stated that this ordinance was not perfect, but it certainly was a step in the right direction.

Commr. Hill stated that she was certainly concerned about underage drinking, but it sounded to her like they had a major problem and needed something more than just a tag.  She believed that they needed representatives from every facet of the community working on this issue together.  She was concerned that the way the ordinance was written would not be effective or enforceable and had too many loopholes.  She thought they should make the ordinance better.

Commr. Cadwell asked Captain Oliver to ask the Sheriff to give them a yearly report in conjunction with the Clerk of the Court citing the statistics related to this ordinance, so at the end of a year, they could look at that to determine the effectiveness of the ordinance.

Commr. Stewart commented that what they were initiating today was a work in progress, and in a year from now when they had the statistics, they would have an idea of what they could do to strengthen the ordinance.  She also agreed with Commr. Hill that there were some loopholes that people could get around.

Commr. Hill stated that one thing it would do was to bring the awareness that their County had a problem, which would help in the first year.

Commr. Cadwell commented that he did not think this was particularly a good piece of law, but the mission was such that it had at least three of the Commissioners supporting it.  He stated that he was going to support it at this point, and they would see if it worked or not.

On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2008-9 regarding keg registration, as amended by the County Attorney’s Office.


At 11:00 the Chairman announced that they would recess for five minutes.



On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board appointed Ms. Jackie Kinsler as the Historical Society Member, Mr. Robert Grenier as Historical Society Alternate Member, and Mr. Norm G. Morin as District 2 representative to vacant positions on the Historical Museum Advisory Committee.


On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the appointments of Mr. Jim Judge, Executive Director, Lake-Sumter EMS and Mr. John Simpson, Clinical Quality and Education Manager, Lake-Sumter EMS to the Comprehensive Health Care Committee.  Mr. Judge will serve as the Lake-Sumter EMS appointed member and Mr. Simpson as the alternate member.


On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Cynthia Burch to serve as Fruitland Park Public Library’s member representative and of Mr. Michael Sweeney to serve as alternate member representative; and appointment of Ms. Mary Malaszek to serve as Leesburg Public Library’s member representative and of Mr. John L. Johnson to serve as alternate member representative on the Library Advisory Board.



Mr. Sandy Minkoff, County Attorney, stated that they put together for the Board for discussion a proposed reorganization of the law library which followed along with discussions they had previously had.  He related that if the Board agreed with this, they would bring back the details, the ordinance change, and the interlocal agreements that were necessary.  He also commented that he could not tell them that everyone thought this was the greatest idea, but overall the opinion was the people who needed the services would be better served with this type of process.

Commr. Renick stated that this issue fit in with the one from Tab 23 that she pulled at the beginning of the meeting and asked if it was alright if they talked about both things together.  She commented that even though she knew that everyone needed more space, she was concerned about possibly spending more money for expanding rather than pulling back on lease space after the amendment passed.

Commr. Cadwell stated that he had been meeting with Ms. Cindy Hall, County Manager, and the constitutional officers and have relayed that they wanted to try to get out of the lease and not get into more expense, and they were still working through that process.

Mr. Minkoff noted that as far as the law library component, they would be terminating the lease on the currently leased facility, which was a fairly substantial rent, and the new space that mediation would require was a relatively small space.  He stated that if the Board did not elect to approve Tab 23, then they would have to look for other space for that mediation program to implement the law library.

Commr. Cadwell commented that the mediation program saved the County money on court cases.

Commr. Hill added that the location of that was very vital and that it was important to be close to the courthouse, which was one of the reasons they wanted it to stay in that location, at least until the Judicial Center was complete.

Mr. Fletcher Smith, Community Services Director, addressed the Board to explain that the space that was in Tab 23 and referred to in Tab 37 was Building B at the DCF (Department of Children and Families) complex where the office was located.  He opined that it was a very good space, and stated that they were looking into at least four offices, which would be between four and five hundred square feet for them to function.  They also were going to move some existing staff in there that were overcrowded, such as the WeCare program, which had a huge amount of walk-in traffic of people applying for assistance and were currently in only a 150 to 200-square foot office that was very cramped.  He also mentioned that they were going to move Transportation Disadvantaged over from Building E to Building B if they were able to lease additional space, which would leave more room for Housing and Community Development for additional staff with the tornado assistance program and for normal growth of their program, and they were thinking of moving the Community Health Worker Program to Building B as well.  He opined that they certainly would fill that space up very quickly.

Commr. Stewart asked if it would be cheaper to continue to lease one half of the current space for the Law Library or to move the Law Library into that building.

Mr. Minkoff responded that the per square foot price where the law library currently is was significantly higher than what the new space would be and that Ms. Quinnette Durkin from his office might be able to give them the square footage.

Ms. Durkin specified that the current space was 3,000 total square feet.

Mr. Minkoff commented that even half of that space would be a lot more than what the mediation program would need.

Ms. Durkin stated that they would need about 500 square feet.

Commr. Cadwell remarked that the programs Mr. Smith talked about were the types of programs that would probably grow when there were cutbacks, because they were community-based programs and would save them money in the long run.

Mr. Smith also added that they would certainly be expanding and growing based on the grants that they were getting and the services that they were providing out in the community.

Ms. Hall noted that they would be freeing up where the current law library is, and money-wise it would be kind of a wash in the general fund and would provide space for the mediation rooms.

Commr. Renick stated that she was not aware that it was a wash as far as what they would be saving, and the fiscal impact listed in the backup of $166,000 suggested to her that it would be an additional cost to them.

Mr. Durkin specified that it was approximately $4100 a month, and it was $16.26 a square foot for the current space for mediation space and the law library.

Commr. Cadwell stated that they needed to know what would be spent otherwise.

Commr. Stivender commented that putting several offices in Building B would keep those divisions together.

Mr. Minkoff pointed out that $166,000 was for the entire lease and that the new space was a much smaller part of that.

Ms. Hall asked what the trade-off on the new lease versus what they would be giving up at the law library would be.

Ms. Durkin answered that they would be giving up 3,000 square feet at the law library and assuming 3,264 square feet, but the money was a little different.  She specified that they were paying $16.26 and would be paying $15.82 a square foot, but it contained 264 more square footage.

Ms. Hall clarified that it was very close to a wash, but not quite.

Commr. Renick stated that she would not have a problem with that.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Tab 23, the request from the County Attorney for approval of the lease agreement between Lake County and Richard J. Fritch and M. B. O’Kelley, as Trustees of Lakco Land Trust for lease space located at 1300 Duncan Drive (Buildings B and E) for the Department of Community Services and approval of related budget transfer in the amount of $40,000.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 37, the reorganization of the Law Library as proposed by staff.


Mr. Minkoff gave an update regarding the Groveland annexation issue and stated that they were prepared to go last night.  He related that they pointed out to Groveland a week or so ago some problems with their legal description, and they ended up postponing the first reading again and had to re-advertise it.  He assumed they would be back there in March.



Mr. John Jolliff, Deputy Fire Chief, stated that in April they got the Board’s approval to apply for a grant through the United States Fire Administration, and three weeks ago they received word from Congressman Rick Keller that they were going to get $331,200 through the Firefighters Assistance Grant awarded by Homeland Security.  He related that they were going to upgrade all of their self-contained breathing apparatus with this money, which was used when firefighters entered into hazardous atmospheres.  He thanked the Board for giving them the opportunity to apply and Ms. Laura Nichols from his office for helping him write the grant.



Commr. Hill wanted to clarify some things and dispel some misunderstandings regarding things that had been written in regard to the Niagra Bottling Company’s comments at the Northeast Lake Chamber of Commerce Meeting last Thursday, February 14, in Paisley.  She wanted to make clear that neither she nor any other County Commissioner or staff member had any role in bringing the Niagra Bottling Company to Lake County or initiated any type of contact with them to bring them to the County.  She stated that the speaker from Niagra had given her a back-handed kind of apology, but she was still waiting for a little bit better one.  She also noted that she had requested a complete file, which would include all of the documents and notes pertaining to Niagra, from the Central Florida Economic Development Commission (EDC), and related that two years prior to their knowledge, under a secret fictitious name, the EDC was working independently from Lake County in an effort to establish them in the County.  She also mentioned that the first time they had heard about this was when the proposal of the water plant in Groveland was mentioned in the newspapers, and since the company was still under an assumed name, none of them knew who or what they were.  She commented that the Niagra Bottling Company was here, would be coming back, and would not be stopping at this.  She also related that they were continuing to have meetings throughout the County and had hired a public relations consulting firm from Tampa and the foremost environmental water consultant to help them with this.  She just wanted to make sure that the company was not continuing to state that County officials brought them here.

Commr. Renick added that there was quite a bit of misinformation out there and that the rumor that the company already had their approval from St. John’s River Water Management District was not true.

Mr. Minkoff stated that he had filed a response with St. Johns opposing the issuance of the permit.  He also mentioned that SECO (Sumter Electric Cooperative, Inc.) requested an easement to serve the Niagra property, which they have resisted at this point.



Commr. Renick stated that Commr. Cadwell had brought up the appointment of Mr. Bill Benham to the LPA at the last meeting, but she did not see the urgency of that at the time.  However, she did not realize that there were going to be so many people absent for the LPA meeting scheduled for Thursday, and they were all anxious to keep the process going.  She thought that they might be able to appoint a person now to the LPA so that they would have a quorum for that Thursday meeting.

Commr. Cadwell stated that he did not see a problem filling one of the at-large positions today and then taking up the others next week.

On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board voted to place the appointment of Mr. Bill Benham to the LPA on the Agenda.

On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Bill Benham as an at-large member to the LPA.



On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the execution of Proclamation No. 2008-22 proclaiming March 2008 as Child Care Awareness Month in Lake County and April 6, 2008 as Parents and Children’s Day in Lake County.


Commr. Stewart stated that the Commissioners received a letter from an 11-year old young lady named Angelina, who was a member of 4-H and was doing a Children’s Community Project.  She noted that last month, there was a record-setting number of abused children taken out of homes in Central Florida and was a huge problem.  She read some of Angelina’s letter, which stated that she liked the community service aspect of 4-H and asked for the Board’s support for her project of buying gifts for children that were going through tough times to help abused children and their mothers who were living in shelters in their area.  She specified that she finds out about the child, such as their age, sex, likes and dislikes so that she could tailor the gift to that child.  She also mentioned that in addition to the gifts, those homes needed many everyday items, and that people could either donate gently-used books, videos, DVD’s, or board games; save pennies in a jar to purchase new items to donate; or purchase new items on the list. Commr. Stewart added that the Lake County Agricultural Center has been nice enough to accommodate any gifts that were received, and people could just drop them off there.  She also commented that she would appreciate any help that anyone could give.


Ms. Marilyn Whitney wanted the Board to look into a concrete company that bordered her home which created noise at all hours of the day and night and created dust clouds which permeated the area.  Ms. Amye King, interim Growth Management Director, informed the Board that she believed this was a current code enforcement case, and the Board assured Ms. Whitney that staff would get any of her questions answered and that they would make note of any of her concerns.

            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, stated that he was disappointed in the comments that the Niagra Bottling Company made regarding Commr. Hill that were noted earlier and knew those comments were wrong.  He also mentioned that Commr. Hill was scheduled to be the guest speaker at the next Northeast Lake Chamber of Commerce meeting on Thursday, March 13, at 6:30 p.m. at Spring Creek Elementary School and that everyone was welcome to attend.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:45 a.m.



                                                                                                                        WELTON G. CADWELL, CHAIRMAN