MARCH 18, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, March 18, 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; Elaine Renick; and Linda Stewart.  Commissioner Debbie Stivender was not present.  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.


Pastor John Bahram, First United Methodist of Tavares, gave the Invocation and led the Pledge of Allegiance.

Commr. Cadwell introduced Major Peyton Grinnell from the Lake County Sheriff’s Office, who was doing an internship for Lake County Leadership Day that day.


Ms. Cindy Hall, County Manager, stated that she had handed out a couple of documents, which were an addition to the vehicle policy called Item No. 6 on Page 3 that added one additional vehicle as a take-home vehicle and a letter that she would like to add to the Agenda for some legislative direction as the legislative session was proceeding and for authorization for staff to proceed with communicating with legislators.  She reported that they also had Addendum I, which included an addendum to the PPI contract for construction of Phase I of their downtown construction program as well as a declaration of March as American Red Cross Month.

Commr. Cadwell stated that under his business, he wanted to discuss an item regarding a situation in Lake Mack involving roads that might require some type of action, and he asked to put the letter to the legislature and the Lake Mack road situation under his business.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to place both the items regarding the letter to the legislature and the Lake Mack road situation on the Agenda.

Mr. Sandy Minkoff, County Attorney, stated that he had made a site visit down to some property in Clermont last week that they had been discussing as a possible location for the Constitutional Officers or County Offices and he wanted to present that on his report.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to add the discussion of the Clermont site visit to the Agenda.


            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of February 19, 2008 (Regular Meeting), as presented.


On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 7, 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.

Ordinances from the Town of Astatula

Request to acknowledge receipt of Town of Astatula Ordinance No. 2008-B, annexing into and including with the corporate area and limits of the Town the portions and areas of land situate and being in Lake County, Florida, generally described as that property located south of County Road No. 48 and north of closed Kansas Avenue, and more particularly described herein; redefining the corporate limits of Astatula, Florida, to include said land in the Town; providing for amendment of the Town Map to include the land annexed hereby.

St. Johns River Water Management District 2008 Consolidated Report

            Request to acknowledge receipt of St. Johns River Water Management District 2008 Consolidated Report, pursuant to Section 373.036, Florida Statutes.

Ordinances from the City of Tavares

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

Ordinance No. 2007-37, regarding vacant property – 2.5 acres located north of the Lane Park Subdivision, west of Range Line Avenue; and Ordinance No. 2007-40, regarding vacant property - .17 acres located east of SR 19, south of Lane Park Cutoff.

Passed and Ordained the 19th day of December, 2007, by the City Council of the City of Tavares.

Ordinances from the City of Tavares

Request to acknowledge receipt of City of Tavares Annexation Ordinances as follows:

Ordinance No. 2007-37

Ordinance No. 2007-40

Ordinances from Town of Lady Lake

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

            Ordinance No. 2008-02

Ordinance No. 2008-03

Ordinance No. 2008-04

Ordinance No. 2008-05

Ordinance No. 2008-06

Ordinance No. 2008-07

Ordinance No. 2008-08

Letter from City of Clermont and related Ordinance 586-M

Request to acknowledge receipt of letter from the City of Clermont regarding road right-of-way closing for portions of Lake Minneola Drive and Second Street, together with Ordinance 586-M related thereto.


Commr. Stewart pulled Tab 4 to comment that she thought the citizens needed to know how hard they worked to save a lot of money with that new vehicle and equipment policy, and she commented that Ms. Hall also worked very hard on that and had done a good job.  She also emphasized that they were looking for ways to cut in every way they could, and this would be a huge savings for the citizens.

Commr. Renick wanted to pull Tab 5 and asked to postpone it, stating that it was regarding a contractor that was being cited $500.  She explained that he was doing the work at Lake Gem Park, and she believed that both he and the County thought he had the right license to do the work.  She thought that there was some misunderstanding regarding this situation, and she wanted to pull it and get the details from staff at a later date.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to pull Tab 5 and bring it back at a later date.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19, pulling Tab 5, as follows:


Request for approval of the following Budget Change Request:

1.  Budget transfer – County Transportation Trust Fund, Department of Public Works, Funding and Production Division. Transfer $55,628 from Reserve for Operations to Machinery and Equipment.  A Fiscal Year 2007 purchase order for $55,628 for two vehicles was not carried forward into Fiscal Year 2008 in error.  The two vehicles ordered against this purchase order were not received until recently due to needed customizing of the vehicles prior to delivery.  The vehicles and invoices have now been received and funding is needed to pen a new purchase order to pay for them.  Funds are available in Reserve for Operations.  After this transfer is posted, the balance in the Reserve for Operations account will be $395,882.

Employee Services

Request for approval of the proposed Vehicle and Equipment Policy to replace the Lake County Vehicle policy, approved 6/19/07.


Request for approval to award five contracts to Clayton Roper & Marshall, Inc., All Real Estate Appraisal Company, Stricklen Appraisal Services, Diversified Property Specialists, Inc. and Weigel-Veasey Appraisers, Inc. for their On-Call Appraisal Services.

Request for approval to award an Agreement to In Rem Solutions, Inc. for Grant Writing.

FOR INFORMATION ONLY – NO ACTION REQUIRED.  The Procurement Policy revisions enacted by the BCC on September 27, 2007 delegated authority to the County Manager to complete certain individual purchase and contract modification actions in excess of $25,000 under “term and supply” contracts.  At the BCC meeting on October 2007, there was discussion regarding a need to provide information to the BCC regarding such actions for a limited period of time.  The “term and supply” contract actions discussed below fall within these informational parameters.

Request for approval of a purchase for a “piggyback” from the FDOT contract number FVPP-05-CA-1 to a purchase the Board approved during the budget process 07/08 for Capital Reference Code TDIS-0802 for a 26-foot Champion Cutaway Bus.

Public Safety

Request for approval to accept the FY 2007 Assistance to Firefighters Grant in the amount of $414,000.00 from the Department of Homeland Security to be used to upgrade Fire Rescue's breathing apparatus. Approval of the attached Budget Change Request form and the Resolution No. 2008-33 form is necessary in order to encumber the department's portion of the grant ($82,000.00) and to receive the grant funds into the Fire Control Fund.

Public Works

            Request for approval of Resolution No. 2008-34 with the State of Florida Department of Transportation (FDOT) to acquire certain lands now owned by the State for construction of turn lanes and a sidewalk on CR 19A in Tavares.

Request for approval and signature on Resolution No. 2008-35 authorizing the reduction of the speed limit on Lake Louisa Rd (0847) from Hammock Ridge Rd to US 27 from 45 MPH to 40 MPH in the Clermont Area, Commission District 2.

Request for authorization to accept a performance bond in the amount of $100,000.00 from Jr. Davis Construction Company associated with a right of way utilization permit for Hammock Ridge Road. Commission District 2.

Request for authorization to execute Resolution No. 2008-36 accepting Eagles Crossing (County Road No. 1426) from SR-50 to CR-565A into the County Road Maintenance System. Commission District 2

Request for authorization to release a letter of credit for maintenance in the amount of $369,444.29 posted for the Citrus Tower Boulevard Improvements. This project is located in Commission District 2.

Request for authorization to award Max Hooks Road Widening and Resurfacing Project No. 2008-02, Bid No. 08-0007, to Swell Construction Co., Inc., in the amount of $289,756.50, and encumber and expend funds in the amount of $289,756.50 from Road Impact Fee Fund Benefit District 6. Commission District 2.

Request for authorization to award CR-439/SR-44 Intersection, CR-44/Hicks Ditch Road Intersection and #5562 Orange Avenue/# 5876 Estes Road Intersection Project No. 2008-03, Bid No. 08-0008, to Professional Dirt Services, Inc., in the amount of $573,483.18, and encumber and expend funds in the amount of $573,483.18 from Road Impact Fee Fund Benefit District 2. Commission District 4 and 5.

Request to accept a maintenance bond in the amount of $139,457.60 as surety in accordance with a Developer's Agreement between Lake County and Dewitt Enterprises, Inc. for the construction of Hooks Street Phase III.

Request for authorization to release cash funds for performance in the amount of $46,200.00, accept a letter of credit for maintenance in the amount of $46,960.00, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Pillar Development, LLC and execute Resolution No. 2008-37 accepting the following roads into the County Road Maintenance System: Wyandotte Drive (County Road No. 0736D) and Peliseur Court (County Road No. 0736E). Pillars Ridge consists of 28 lots and is located in Section 11, Township 23 South, Range 25 East. Commission District 2.


Commr. Stewart stated that she would like to pull Tab 22 for clarification.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda, Tabs 20 and 21, as follows:

Request for acceptance of Quit Claim Deed and Bill of Sale executed by Chloe Bonds-Wormack on behalf of South Umatilla Water, Inc. f/k/a South Umatilla Water Company, Inc.

Request for approval of Resolution No. 2008-38 amending Resolution 2008-1, Comprehensive Health Care Committee, to correct a scrivener’s error.

Commr. Stewart related that one of the citizens involved in the process in Tab 22 had some concerns, one of which was the mention of owners of residences along Tomahawk Trail and Forest Drive, who felt that it should be changed to the owners of property, since all the properties did not have residences yet.

Mr. Minkoff stated that on Page 1 of the settlement agreement, the word “residences” was struck through and “properties” was included and that the cover sheet used the incorrect word.

Commr. Stewart asked if the conservation easements were in place.

Mr. Minkoff responded that they were not yet, but at the time of planning, they would be put into effect.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 22, the request from the County Attorney for approval of the settlement agreement in CRS Timber, LLC vs. Lake County special master case.



Mr. Fletcher Smith, Department of Community Services Director, stated that they had a presentation by the Child Obesity Prevention subcommittee of the Comprehensive Health Care Committee to talk about a county-wide initiative.

Mr. Jon Cherry, a resident of Yalaha and Chairman of the Lake County Comprehensive Health Care Committee, stated that they would like to present an update of their activities regarding one of the major causes of serious health problems in the country today, which was obesity.  He reported that at their October meeting, Ms. Annacelia Gander submitted the case for committee initiative on childhood obesity, which was warmly received by the committee, and a subcommittee was formed with Ms. Gander appointed as Chair.  After four meetings beginning last November, the committee recommended that Ms. Gander present a synopsis of their activities and the plans for their obesity initiative in the future to the Board.

Ms. Gander presented the logo and the slogan Get Fit Lake that they had come up with for their initiative, and reported that 80 to 90 percent of people with Type 2 diabetes were overweight or obese children and that pre-diabetes was reversible with lifestyle modification.  She stated that over 60 percent of the U.S. population was overweight in 2004, but lifestyle intervention reduced the risk of developing diabetes by 58 percent with nutritional counseling, exercising, and behavioral training.  She also related that one out of three Americans born in the year 2000 would develop diabetes in their lifetime, and the amount of overweight children has more than quadrupled since the 1970’s and continues to increase.  She stated that she was excited about this initiative, because she was not asking anyone for money or anything other than a partnership.  She shared the goal of their initiative of Get Fit Lake, which was to increase awareness within their community of the health concerns associated with obesity and to emphasize fitness, nutrition, and healthy lifestyles.  She stated that this would partially be accomplished by unifying county-wide activities and that they had a great partner for this initiative, which was the Well Florida Council.  She specified that Well Florida was one of 11 local health councils in the state and was created as a response to a federal mandate that called for community input in the planning of health care facilities and was now a major resource for services that build healthy communities.  She reported that with their assistance, they would be developing an independent website with two domains, which was getfitlake.com and getfitlake.org.  She asked the Board if they could have a link with the County’s website and to be included in any press release there might be regarding Get Fit Lake.  She mentioned that they had the hospitals, the Department of Health, the schools, the YMCA, the National Training Center, and an array of businesses on board.  She noted that there were studies that showed that children did better when they felt better about themselves.

Commr. Cadwell stated that they would be glad to partner with them, after clarifying with Ms. Hall that it would not cost anything for the link to the website.


Commr. Cadwell stated that they wanted an update on some of the great things the School Board was doing and how they could coordinate some of that into their economic development plan.  He commented that he was proud to have the Chairman of the School Board, Mr. Larry Metz, and Superintendent Anna Cowin there that day.

Superintendent Cowin noted that the packet they distributed contained three handouts, one of which showed things such as demographics and the number and types of schools, which showed that the school system had over 40,000 students, 2,000 bus stops, 5,500 employees, and 6.4 million square feet under roof that they had to maintain.  In the other two packets, there was some back-up information that was detailed and prepared by her staff and a copy of the presentation that she would be making.  She noted that their school system was one of the first 200 in the nation to have district accreditation, which involved going through an extensive presentation, self-evaluation, and evaluation by a team of 13.  She pointed out that the County no longer had any F schools and that 74 percent of their schools were either A or B.

Mr. Metz commented that they were working on improving the grades for the high schools, and they had formed a high school reform committee, which would be reporting to the School Board with some recommendations.  He related that they also had granted two principals’ requests for deviations from the standard 4 by 4 block schedule and commented that they wanted their principals to have the flexibility to drive achievement at their schools.

Superintendant Cowin pointed out that since all of the elementary and middle schools were either A or B schools, they expected that the children coming up into the high schools would be better prepared.  She stated that they also made the programs in middle school and high school more rigorous by increasing math and science in the middle schools to prepare and encourage students to take more advanced courses in high school.  She also reported that they were one of the top four in the State in how they offered pre-kindergarten to almost 1000 students, noting that students that had been in the program had been shown to be very successful when they entered school.  She related that foreign language instruction had been a requirement by the Statutes for years, but they had never had elementary school foreign language before.  However, they now had six elementary schools in the County that alternated the morning and the afternoon to learn everything they needed to learn in both Spanish and English.  She stated that the data showed that by fifth grade they would be completely literate in both languages.  She also pointed out that the technology advances have been tremendous in the County, including having certified teachers instruct other teachers how to use technology.  She talked about the Teacher Advancement Program, stating that they received the highest grant ever in their county of $20.5 million through NIET (National Institute of Excellence in Teaching) to implement the program. She explained that the program had teachers in clusters teach each other with a lead teacher modeling how to teach the specific standards that the students were missing and that it was necessary for success to be at 100 percent for every standard that they taught under this model.  She reported that Gray Middle School, who was the first school to institute the program, was the first school in the County to ever jump from a C to an A, and it did so based on the TAP model.

Superintendent Cowin stated that the School Board has committed $10 million towards a magnet high school, which was becoming a realty.  She commented that the students who attend this school will be able to finish high school at the same time as they get an Associate of Arts degree, an Associate of Science degree, or a certification in a health-related profession.  She related that it would be in cooperation with South Lake Hospital and the Community College under the dual enrollment, as well as gaining regional support.

Mr. Metz explained that the School Board was currently working on the interlocal agreement between themselves, the college, and the hospital board and had hoped to have it done in the next month or so. He stated that that would set the stage to get the architect on board and bring together the realization of this facility in South Lake on the Lake-Sumter campus.  He commented that they were breaking new ground with that project and would need a little help from the Governor and the legislature on it for funding.  He asked the Board to mention to the legislators the importance of this project when they met with them and for their support and involvement, and he opined that it was an important part of the County’s effort at economic diversification.

Commr. Cadwell asked what the anticipated enrollment was.

Mr. Metz answered that they have come up with a budget model that showed that they needed to have at least 600 students enrolled to operate in the black, which was one of his priorities.  He believed that there would be at least 600 students interested in attending that school, but they needed more money than they currently had in order to have capital facilities for 600.

Superintendent Cowin stated that they had gotten a lot of grants in history, and they developed a course in forensic science which was adopted by the State.  She commented that her curriculum department has worked very feverishly on curriculum that would be consistently taught in every course in every grade, how it was paced, and end-of-course testing, and they were currently working on having a common test that everyone had to take.  She also reported that the School Board has been very active regarding construction, and they have completed three schools in one year.  She noted that previously all the sales tax revenue was used for replacement of some of the facilities, but they currently were actually getting new student stations without giving up the replacement of schools.  She thanked the Board for their cooperation regarding the construction of Elementary J.

Mr. Metz reiterated their appreciation of the Board’s efforts in working with them in the siting of Elementary J and stated that he thought it was an exciting opportunity to partner with them for the completion of that school facility in conjunction with the regional park the Board had planned there.  He pointed out that the School Board was also attempting to have this school designed to meet LEED certification, but they had to investigate what that would involve in terms of the cost, and their goal was to build that school as an environmentally conscious facility.  He related that he would be addressing the issue of water and sewer hookups with the City of Eustis.  He mentioned that the School Board toured the new facilities last year, and he extended an invitation to the County Commissioners to join them the next time they took a similar tour of the new schools, including Lake Hills, East Ridge Middle, and the Mascotte replacement facility.

Commr. Cadwell offered the Board’s help with getting the utilities they needed for Elementary J from the City of Eustis.

Superintendent Cowin mentioned other things the school system had accomplished, including seat belt requirements, a student television show, mentoring program, diversity program, and the highest participation in the world for Junior Achievement in 2006-2007.  She reported that she just met with their financial officer, and they have been very successful in planning their budget and having stability, but next year they expected that it would get a little tighter, and she expected to see another four to five percent cut in the school district.  She related that their growth was slowing, but they were very close to their projection last year.  She opined that in general, she thought that Lake County Schools has done a tremendous job, with a stable budget, sound student achievement, and an educational delivery where teachers were trained in the individual school sites in a way that was second to none in the state.

Mr. Metz complimented the Board on the economic diversification initiative that they had been working on and thanked them for allowing the School Board to have a seat at that table.  He commented that it was important to diversify the economy so they were not so heavily dependent upon residential ad valorem revenues for school capital funds.  He mentioned they were getting toward the end of their superintendent search, and the two finalists were Dr. Susan Moxley and Dr. Eric Williams, whose applications could be found on their website.  They were anticipating a decision by about April 14 identifying the person selected for that position.



Commr. Stewart related that there was an item that she was going to bring up under her business that had to do with the school system and economic development and thought that she should present it while Superintendent Cowin and Mr. Metz were still present.  She stated that Ms. Dottie Keedy, Economic Growth & Redevelopment Director, first brought the First Robotics program to her attention, and Ms. Keedy immediately saw the potential in it for the County and the schools.  She asked Ms. Keedy to present some information regarding that program.

Ms. Keedy reported that FIRST (For Inspiration and Recognition of Science and Technology) was a non-profit organization that was dedicated to introducing young people to science and technology careers.  She explained that they created teams of students that bought a kit for $1,500 and built a robot to participate in a competition.  She mentioned that there was currently one team in Lake County, which was in Mount Dora.  She commented that it was a great way to introduce children to careers in science and technology and that she was hoping to work with the School Board to expand that program.  She referred to a handout that included a brief description of FIRST and an article that was in the newspaper about the competition that took place last weekend.

Commr. Stewart mentioned that she, Ms. Keedy, the Commissioner of Education, the head of NASA, high-tech corridor representatives, and huge corporations were there.  She added that there were teams of about 12 who handled every aspect of it, including public relations, building robots, and planning, and they used every area of learning.  She related a story about the captain of the team, who two years ago was on the brink of flunking out and quitting school, but after getting involved with the robotics team, became a solid B student and was going to graduate with good grades and a very good future ahead of him.  She was hoping they could work with the School Board, corporate sponsors, and the community to put this in every school, starting with the elementary grades.  She opined that it would be relatively inexpensive.

Ms. Keedy added that they would need to get volunteers to be teacher and mentor sponsors, as well as the corporate sponsorship, but the cost would be very minimal.

Commr. Stewart commented that she thought retirees would make great mentors and that Lake County had everything it took to make this a success.  She asked the Board’s permission to work with the School Board, Ms. Keedy, and corporate sponsors to pursue this program.

Mr. Metz related that he was prepared to work with the Board and to perhaps designate a School Board member to work on a joint committee to study how they could develop a public-private partnership to get the funding they would need for some of the robotic kits and to institute the program in their system.

Commr. Cadwell stated that by consensus they agreed that Commr. Stewart could work on that.

Commr. Stewart accepted that responsibility and mentioned that Ms. Keedy would be presenting this to the Economic Development Task Force.

Superintendent Cowin reported that she believed that they now had this program in four of the County’s high schools.





Mr. Ken Harley, Public Transportation Manager, related that they were asking for approval of an agreement with the Commission for Transportation Disadvantaged to increase their funding under the Medicaid Non-Emergency Transportation Program.  He mentioned that they have had two cuts during the current fiscal year, but now they were having their funding restored back to them.  He reported that they were currently receiving $39,000 a month from the Commission for Medicaid Transportation, but under this agreement, that funding would go up to $84,000 per month.  He stated that they would also like to continue with the prioritization of their trips under the TD program.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 25, the request from Community Services for approval of the CTD/ACHA Medicaid Non-Emergency Transportation Agreement Amendment No. 6 from February 29, 2008 through June 30, 2008.


Mr. Harley explained that under their agreement with Florida Department of Transportation under the 5310 program, each year they awarded them vehicles for their paratransit program.  He stated that this year they awarded them five vehicles, but they were requesting to reduce that to four vehicles and purchase a larger bus to have a backup on their fixed-route system.  He mentioned that currently they had one International, and they also used some of the Cutaways from the paratransit system as a backup in that system.  He commented that whenever they had one of the paratransit vehicles in the system, ridership diminished on that day about 12 to 14 percent, partly because of the fact that all of their paratransit buses looked alike and people were not aware that there had been a change in the system and that one of the Internationals or the Bluebirds were not on there.  He assured the Board that this would not cost the County any additional funds, because their ten percent match would not change the result of this, but it would serve as an excellent backup system for their fixed-route.  He also pointed out that this did not have any impact on the two El Dorado buses that they had already approved.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 26, a request from Community Services for approval of the purchase for a piggyback from the FDOT contract number FVPP-05-CA-3LF and FVPP-08-SC-TP to the Capital Reference Code TDIS-0801 for 5 23-foot Cutaways already approved by the Board and approval to reduce the Florida Department of Transportation Section 5310 Grant Award for FY 2007-2008 from five to four vehicles.


Mr. Fletcher Smith, Community Services Director, stated that this was a Memorandum of Understanding with the Department of Children and Families to implement the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant, which was a planning grant.  He explained that they would be working with the staff from Lifestream and criminal justice providers in Lake County to develop a way to identify individuals who have substance abuse or mental health issues that may be already in or at risk of going into the criminal justice system and being incarcerated.  He specified that this would identify ways to work with those individuals with a lot of community partners in the County to develop treatment and support-type systems such as transportation and housing.  He reported that this was a $120,000 project, $60,000 through grant funds and $60,000 that required a local match.  He pointed out that once they completed the planning grant, they would be eligible to submit an application for an operational grant, which in future years would show that they could receive up to $1 million over a three-year period of time to implement the operational phase of this.

Commr. Cadwell commented that this was basically a jail space issue for them, and they needed to do everything they could to improve that situation.

Mr. Smith responded that it was looking at ways to handle people who were incarcerated and who had problems, but did not necessarily need to be incarcerated and that would do fine in a community-based treatment program.

Commr. Hill related that an assessment team was coming to Lake County to do an assessment, and they would be meeting with all of the shareholders and everyone that was involved.  She stated that the County Commissioners could meet one-on-one with this assessment team.

Mr. Smith reported that on Friday, April 11 they would have a community meeting as well as a public meeting of the Public Safety Coordinating Council, and everyone that wanted to come to make comments about this type of a program was invited.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Tab 27, the request from Community Services for approval of Memorandum of Understanding for Planning Grant – Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant between Lake County and the State of Florida, Department of Children and Families; and approval of Resolution No. 2008-39 of Unanticipated Revenue and Budget Transfer of $60,000 from General Fund Reserve for Operations for the required local cash match.



Mr. Bill Gearing, Community Enhancement Coordinator, stated that this was the prepublication hearing for next year’s CDBG (Community Development Block Grant) program and was the first step in preparation of the CDBG one-year action plan for 2008-2009.  He noted that as required by the U.S. Department of Housing and Urban Development, this public hearing was announced in the Lake Sentinel on March 9.  He explained that this was to give the public an opportunity to comment on the three areas in the CDBG program, and they would take a quick look at what they had been doing this year with CDBG funds, present the preliminary budget concept for next year, and then open up the public hearing for comment and request that the Board accept and approve their concept for next year.  He reported that some of the accomplishments that they had made so far this fiscal year was that work has begun on paving Azalea Avenue in the Lake Kathryn area; they had continued to help those affected by the Groundhog Day tornadoes with funds that were set up last year; and they had helped six families with septic repairs and one family with down payment assistance on a new home.  They also have kept working on their community enhancement projects, such as taking down the old community center in Yalaha and completing a master site and building design for that project.  He reported that the well and septic were installed in Ferndale, and they had an architectural drawing for the restroom addition to the building and were going to be working with Procurement to send out a request for bids for that.  He also stated that in Altoona, they should be able to get the work on the roof repairs done in the next few weeks, and they were also working to get an architect to do the drawings for the fire sprinkler system that was needed for that project.  He reported that in Paisley, the new well and fencing were installed, and a vendor should be chosen soon to install the solar security light.

Mr. Gearing continued to report that with the urban county partners, Astatula would be adding additional improvements to Swaffer Park, Montverde would be making additions to Truskett Park, there were continuing road projects in Lady Lake, and improvements were being made to Sumerall Park in Tavares.  He stated that the Community Health Worker Program has been very busy doing many community outreach programs such as signing up families for the Florida Kid Care Program, passing out health information at health fairs and screenings, and putting together a very nice information and referral guide in Spanish.  He noted that in partnership with the Health Department, 169 low-income individuals had been able to purchase 1,014 prescriptions through their prescription assistance program.  In the CDBG Housing Rehabilitation Program, they have repaired the roof on one home and another room was being scheduled for various general renovations.

He stated that next year they basically wanted to continue the activities that they have been doing, such as the Community Enhancement Area Program, the cities’ improvement projects for next year, the Community Health Care Worker Program, and the Housing Rehabilitation Program.  He also reported that it was estimated that they would receive a little over $968,000 for the CDBG program next year, which was $18,000 less than they received this year, and they planned to reduce funding in the administration portion of the Community Health Worker Program by about $3,000, since it would not need as much start-up funding as this year.  They also planned to reduce the overall administrative program by the other $15,000 by reducing staff travel and training and delaying some of the equipment replacement that was planned.

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. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the proposed uses of FY 2008-09 Community Development Block Grant (CDBG) funds.


Mr. Sandy Minkoff, County Attorney, explained that Tab 29 was a public hearing on a final adoption on an ordinance, and he placed the proposed ordinance on the floor for its final reading, by title only, as follows:


Commr. Renick commented that a particular case in South Lake County brought the need to look at this again, because of the size of the accessory structure, but she had concerns regarding the first requirement listed in the ordinance for location of accessory structures on residential or agricultural zoned lots, which stated that there had to be a permitted principal structure on the parcel.  She did not understand why they had to require that a house be built before a barn, dock or tool shed would be permitted on the lot, and she thought it seemed a little strict.

Commr. Cadwell commented that he understood that requirement for residential, but for agriculture, he had the same question.  He asked if someone who had ten acres that was zoned agriculture would be able to build a barn.

Ms. Terrie Diesbourg, Zoning Director, explained that they could build a barn if they were a producing farm, and they had what they called a nonresidential farm waiver, which allowed residents to build a structure to store their equipment for their farm.

Commr. Cadwell stated that he had a problem with that, especially for his area.

Commr. Stewart also voiced concern regarding this policy.

Mr. Minkoff explained that if they were going to make a change, they could not do it today, and they would have to bring back a new ordinance, since it was not advertised for that.  He related that typically agricultural buildings were exempt from that provision, so if they were engaged in an agricultural pursuit, they would not have to get a zoning clearance or a building permit to put a barn up pursuant to State law.  He commented that this ordinance was aimed at owners of a lot in a residential neighborhood putting a dock in, partying on the lot, and causing problems in the neighborhoods.

Ms. Diesbourg explained that the biggest problem that sometimes tended to happen in the agricultural areas was that the accessory structure at some point somehow turned into a house.

Commr. Stewart opined that she did not think people should be penalized for other people who would break the law, and she thought it would be horrible if someone who had ten acres with a pasture could not build a barn on that for their horses.

Commr. Cadwell commented that it was apparent that the majority of the Board was not comfortable with what they had in front of them.

Ms. Diesbourg clarified that they were looking mainly at agricultural uses for horses, barns, and that type of thing.

Commr. Hill related that she was given the impression that agriculture zoning would be exempt, but it did not read that way now.

Mr. Minkoff pointed out that the genesis of this ordinance was that someone had a house in agricultural zoning, and they built an accessory structure that was a very large metal building.  He explained that the neighbors complained that it was out of character.  He noted that the exceptions listed in the proposed ordinance came from a realization that the nature of barns was that sometimes it would be necessary to be larger than the house.

Ms. Diesbourg specified that it was a 600 square foot house with an extremely huge structure in R-1 zoning.

Commr. Hill added that part of the problem was where they put it and the design.

Mr. Minkoff warned the Board that if they allowed anyone to put in an accessory building without the principal structure, it did not necessarily have to look like a barn.  He suggested that they think about some additional standards that could use to avoid those kinds of problems.

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. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board moved to deny the proposed ordinance changing Section 10.01.00 of the Land Development Regulations limiting the size of accessory structures in relation to the size of the principal structure.


At 10:30, the Chairman announced that there would be a ten minute recess.




Mr. Jim Bannon, Director of Capital Construction, stated that this presentation would be regarding Phase I of the downtown campus project budget, inclusive of the GMP (Guaranteed Maximum Price), and he referred the Board to an earlier distributed document package.  He mentioned that the Board previously approved the CM (Construction Management) contract with PPI for initial services to bring the project to GMP pricing and that Phase I of the GMP was now complete and included the parking garage, central energy plant, and Constitutional Officers building.  He noted that additional items were also presented which made up the overall Phase I project budget.  He sought approval for the Phase I project budget in the amount of $43,156,164, inclusive of the Phase I GMP, allowances, and contingency to be deemed necessary by the Director of Capital Construction.  In addition, he sought approval to execute an addendum to PPI’s CM contract for Phase I GMP in the amount $39,343,966.  He added that all of the above approvals were subject to review of PPI’s insurances.

Commr. Cadwell commented that he really appreciated the transition made by the architect and PPI after having to change contractors in mid-stream, and Mr. Bannon had informed him that everything had gone very smoothly.

Commr. Hill wanted to point out that they had included the LEED certification in this project and asked Mr. Bannon what level of certification it would be.

Mr. Bannon answered that it was basic LEED certification, and he commented that good practice currently meant that a lot of the LEED issues were already covered in the documents as they stood.  He pointed out that the LEED certification was only for the Constitutional Officers building and not the parking garage or the central energy plant.  He also added that as with all of the allowances, their hope was that they would not have to spend all of those allowances.

Commr. Hill had some questions about the line items on page 32, Item No. 1100 and 1110 in the handout regarding the soil contamination.  She stated that they set aside in an escrow account from the former owner some escrow amounts for soil contamination, but there were several other sites within that construction that they would have to look at regarding soil contamination, so she wanted to clarify whether that was over and above the escrow amount.

Mr. Bannon related that he believed they were carrying those allowances for any contamination that would occur throughout the whole of the central energy plant, the parking garage, and the Constitutional Officers footprint.  He asked Mr. Minkoff to explain where they stood in regard to money in escrow for the Belton property.

Mr. Minkoff reported that they actually had three contamination issues on the two sites, one of which was discovered more recently.  He specified that where the tanks were on the Belton site was in the State program for remediation, so the State has been picking up those costs, and there was also an oil tank cleanout area on that site that Mr. Belton was responsible for paying the cost of getting cleaned up, per the County’s agreement with him.  He stated that at the Judicial Center site, there used to be an oil plant where the Judicial Center is, and there are some monitoring wells generally in the area of the central area plant.  He anticipated that none of those three situations would be problems, and they would just put a restrictive covenant on those.  He added that there had been some investigation costs, particularly on the Belton site that Mr. Belton would be responsible for as part of the contract, and there were some costs on the other two that either the State or the County would pick up, but none of them were significant costs.

Commr. Hill wanted to point out that the mock up courtroom needed to be done now, even though it would be connected to Phase II, and those dollars were included in the first phase.  She suggested taking those items out of the GMP contract section and placing them into a separate contingency or on their contingency allowance separately.

Mr. Bannon stated that they might have to keep the courtroom mockup number in there, because PPI had bid that out to a subcontractor, but that they could certainly pull the $250,000 out of the GMP and put it into the line item that they have for contingency, which was in the overall budget.

Commr. Hill stated that they would be looking at the 2.5 percent cost for furniture that was listed on Page 64 of the handout.  She also wanted to point out that the General Conditions and Management Fees, which were the contractor’s overhead and profit, came in at 11.9 percent as opposed to a commonly charged cost of 16 to 20 percent.

Commr. Stewart announced that Mr. Bannon was doing a great job of keeping expenses down and was looking to cut everywhere he could to save taxpayers money.  She commented that it was a priority of the Board to make sure they spent their money wisely, and they were working hard to keep expenses down.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Addendum 1-I, the request from Facilities Development and Management to execute an addendum to PPI’s contract as Appendix ‘M’ for approval of Phase I contract GMP (Guaranteed Maximum Price) in the amount of $39,343,966 and approval of the overall project budget for Phase 1 in the amount of $43,156,164, which includes the Phase 1 GMP amount, allowances and contingency amount to be used as deemed necessary by the Director of Capital Construction.




On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Proclamation No. 2008-40 designating March as American Red Cross Month.



Mr. Sandy Minkoff, County Attorney, stated that Tab 30 was the first amended interlocal agreement between Lake County, the municipalities, and the School Board and there had been some very minor changes to it.  He apologized that the Board did not receive a marked-up version, and informed the Board that he wrote most of the changes, which were things such as on Page 5 where the original agreement required them to meet quarterly.  He explained that the Department of Community Affairs (DCA) wanted them to designate actually when they would meet, so he added that they would meet the first two weeks of January.  He stated that the only other significant changes were some additional language the School Board agreed to in Section 4 on site design development plan review, which he assured them for the most part conformed to the Statute.  He related that Mount Dora has negotiated this agreement with DCA, and DCA has approved it.  He further explained that the School Board was attempting to get all of the cities and the County to approve it, and Mount Dora would then be able to complete their concurrency element, which would be the model for everyone else’s element.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the First Amended Interlocal Agreement between Lake County, Lake County School Board, and the municipalities for school facilities planning and siting.


Mr. Minkoff reported that on Friday, March 14, he and Ms. Cindy Hall, County Manager, met at the Old Clermont Dodge dealership, along with representatives of the Clerk’s Office, the Tax Collector, and the Sheriff to meet with the owner and look at that building.  He related that the owner was desirous of selling it to the County and was willing to enter an agreement with them, which would be their standard agreement allowing them to do their due diligence, including appraisals.  He stated that it would come back to the Board for a final decision as an option-type contract.

Commr. Cadwell asked if they needed to commit any funds to that.

Mr. Minkoff responded that they would put a deposit down with the Clerk, and the contract would be worded so that the Board would have very wide discretion in determining whether to close, which provided little risk.  He also explained that there would be a financial commitment of about $20,000 to $25,000 for appraisals and those types of things.

Commr. Cadwell directed Ms. Hall to have staff look at the building users’ needs and get back to the Board regarding whether anything would have to be done to accommodate them, and he commented that as long as there was no chance of losing the down payment money, he thought they needed to move ahead with it.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to proceed with the recommendations from the County Manager and the County Attorney regarding looking into the purchase of the old Dodge dealership building in Clermont.


Mr. Minkoff mentioned to the Board that at the next meeting they would have the PLAAC information coming up and that the offers and appraisals would continue to be confidential.  He noted that he preferred for the Board not to use the language specifying prices of properties and to use code instead.  He related that he wanted the discussion to go strictly on the offering prices and not disclosing those prices.  He explained that they had it structured so that everything would remain confidential until the Board made their decision, and they then would sign a contract, which would require a 30-day period where they would have everything public before they made the final decision.



Commr. Stewart reported about a new program that neighborhoods could use during a natural disaster in Lake County through Volunteer Lake called Control or Chaos.  She explained that it was a nine-step program or plan that communities would set up ahead of time so that residents would know where to meet and what steps to take in the critical time between the disaster and the arrival of the first responders.  She opined that it was a great program and that she was going to get her own community involved.  She related that those who wanted more information could call Mr. John Walton or Mr. Don Schreiner at Volunteer Lake at 742-6590.



On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2008-41 supporting efforts to name that portion of US Highway 27 which passes through Lake County as “Purple Heart Highway.”


Ms. Cindy Hall, County Manager, stated that they would like approval to send a letter to the legislators regarding the opposition of certain aspects of House Bill (HB) 683, which eliminated the ability of counties to perform certain construction projects on an in-house basis that were typically over $200,000.  She stated that they would like to be able to have that flexibility and felt that they could do those projects on occasion at a much better value than if they were to bid them out.  She also asked for approval to monitor the legislative issues that were coming up at the legislative session and communicate with the legislators as they had done in the past, as long as they were supported by fact official positions.

Commr. Cadwell commented that there was a time when the County had to get into the business, because contractors were not making realistic bids.  He commented that their hands would be tied if this bill was passed.

Mr. Jim Stivender, Jr., Public Works Director, gave an example of a job in 2006 that had only a couple of bids for the amount of $1.2 to $1.3 million, and they were able to do the job in-house for $800,000, saving the taxpayers money.  He commented that a lot of those kinds of things occurred during that time frame all over Florida, and other counties got further and further into that business, causing this situation to occur.

Commr. Cadwell commented that the County ought to have the right to do those jobs cheaper themselves.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to support the sending of the letter to the legislators and to support future communications supported by fact positions.


Commr. Cadwell brought up the plight of Mr. Travis Williams of Lake Mack, who had been keeping some non-County maintained roads voluntarily maintained himself.

Mr. Minkoff explained that Mr. Williams had been digging up some dirt on his land and getting a truck to take it out to be spread on roads in the area that needed maintenance.  He stated that this situation came to the attention of the regulatory staff at Environmental Services, who considered it technically mining.  He related that they started to look at the Code Enforcement process and concluded that mining was not an option on his property, but they came up with a solution of having the County dump dirt that they needed to get rid of onto Mr. Williams’ property, which he could use to fix the roads.  He recommended that the Board approve that solution.

Commr. Renick commented that this worked out better for everyone in the long run.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board directed the County Attorney to work out an agreement with Public Works and Mr. Travis Williams.


            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, thanked the County Commission and Mr. Bill Gearing, Community Enhancement Coordinator, and his staff for the work done at the cemetery in Paisley.  He commented that a lot of families were grateful for the fence, the water well, and other improvements.  He also showed two fliers on the overhead, one to have Easter Bunny pictures taken on Saturday, March 29, between 10:00 a.m. and 2:00 p.m. at the Paisley Community Center; and the other asking for donations of old phones to recycle or refurbish for use by the elderly and victims of domestic violence that could be dropped off at the Walgreens at the intersection of CR 44A and 19 in Eustis or the Paisley Library.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.



                                                                                    WELTON G. CADWELL, CHAIRMAN