APRIL 1, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, April 1, 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: Commissioner 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.


Reverend Karen Burris from Morrison United Methodist Church gave the Invocation and led the Pledge of Allegiance.


Ms. Cindy Hall, County Manager, stated that she wanted to move Tab 7 from Consent to Departmental so they could have a brief presentation on the Lake-Wekiva Trail, and she also wanted to add under her business authorization to write a letter to the state legislators related to the potential cuts in the Health Department funding.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board moved to add the aforementioned items by Ms. Hall on the Agenda.

Commr. Hill stated that she would like to add to her business an update and a request from the Economic Development Strategic Planning Steering Committee, with a possible vote or direction.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to put Commr. Hill’s item on the Agenda under her business.

Commr. Renick related that she would be reporting on some information from a meeting at the St. Johns River Water Management District last Wednesday, which might take some direction from the Board as well.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board moved to add Commr. Renick’s item on the Agenda.

Mr. Sandy Minkoff, County Attorney, stated that he would like to give the Board a report on three property purchases that they had discussed under his report.


Commr. Renick stated that she had changes on the Minutes of February 26, 2008 and March 7, 2008.  She explained that on February 26, they were talking about the tower and the flag in South Lake, and there was a representative from the church who talked about the problems that they had with that, but he was not included in the discussion.  She also wanted to check whether March 7 was the day they had the presentation on the fire fee study, because she did not see any mention of that in those minutes.  However, it was determined later that the fire fee study she was referring to occurred at the meeting on March 11.

Commr. Cadwell asked that the Minutes of February 26, 2008 and March 7, 2008 be brought back and that they would not include those in the motion today.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved the Minutes of February 22, 2008 (Special Meeting), March 4, 2008 (Regular Meeting), and March 4, 2008 (Value Adjustment Board 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, 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.

Monthly Distribution of Revenue Traffic/Criminal Cases

Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending February 29, 2008, in the amount of $234,212.33. Same period, last year: $200,543.83. 

Agenda – Workshop of Southwest Florida Water Management District Governing Board

Request to acknowledge receipt of Agenda – Joint Workshop of Southwest Florida Water Management District (SWFWMD) Governing Board and Withlacoochee Regional Water Supply Authority (WRWSA) Board of Directors on March 24, 2008, at the Ocala Hilton Hotel, 3600 SW 36th Avenue, Ocala, Florida 34474, beginning at 2:00 p.m.

Agenda – Southwest Florida Water Management District Governing Board Meeting

Request to acknowledge receipt of Agenda – Southwest Florida Water Management District Governing Board Meeting, March 25, 2008, 9:00 a.m., 2379 Broad Street, Brooksville, FL 34604-6899.

            Town of Lady Lake Ordinance

Request to acknowledge receipt of Town of Lady Lake Ordinance No. 2007-40, redesignating zoning classification for certain property owned by P.P.F., LLP. Passed and ordained March 3, 2008.

            City of Mascotte Annexation Ordinances

Request to acknowledge receipt of City of Mascotte Annexation Ordinances adopted March 3, 2008, as follows:

Ordinance No. 2007-12-455

Ordinance No. 2007-12-456

Ordinance No. 2007-12-457

City of Umatilla Annexation Ordinances

Request to acknowledge receipt of City of Umatilla Annexation Ordinances adopted March 4, 2008, as follows:

Ordinance No. 2008-A

Ordinance No. 2008-B

City of Minneola Ordinance

Request to acknowledge receipt of City of Minneola Ordinance No. 2007-39, for voluntary annexation into the City of Minneola. This annexation was approved on February 19, 2008.

City of Minneola Ordinance

Request to acknowledge receipt of City of Minneola Ordinance No. 2007-23, for voluntary annexation into the City of Minneola. This annexation was approved on November 13, 2007.

Southwest Florida Water Management District’s 2008 Consolidated Annual Report

Request to acknowledge receipt of Southwest Florida Water Management District’s 2008 Consolidated Annual Report, pursuant to section 373.036(7), Florida Statutes.

St. Johns Water Management District Comprehensive Annual Financial Report

Request to acknowledge receipt of St. Johns Water Management District Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2007.


On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Tabs 3 through 10, pulling Tab 7, as follows:


Request for approval of the following Budget Change Request and Unanticipated Revenue Resolutions:

Budget Transfer – General Fund, Department of Community Services, Citizens Support Division. Transfer $45,000 from Reserve for Operations to Grants and Aids. The Active Military Combat Duty Reimbursement Program was approved by the Board of County Commissioners on November 6, 2007. This new program will reimburse combat duty military members, for those who qualify, a portion of the ad valorem taxes paid. This transfer is required to fund the program for the remainder of the fiscal year. After this transfer is posted, the balance in the General Fund Reserve for Operations account will be $303,290.

Resolution No. 2008-44 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2008 in the amount of $975 deposited into Donation - HLC and to provide appropriations for the disbursement for Office Supplies. Reimbursement funding has been received for the purchase of tables at the Horticultural Learning Center.

Resolution No. 2008-45 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2008 in the amount of $10,000 deposited into Donations and provide appropriations for the disbursement for Grants and Aids to assist in the purchase of National Oceanic and Atmospheric Administration (NOAA) weather radios. Lake County Emergency Management is sponsoring a new weather radio program to provide NOAA weather radios to Lake County residents that qualify as outlined in the program guidelines. Several Lake County groups desire to contribute funds to assist in the purchase of weather radios for these residents

Community Services

Request for approval of the amended Memorandum of Understanding with the City of Mascotte related to CDBG funds.  Commission District 3.


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

            Public Works

            Request for approval of Resolution No. 2008-46 authorizing the posting of "No Parking on Right of Way" signs on Hancock Rd (1254) in front of Windy Hill Middle School, in the Clermont area, Commissioner District 2.

            Request for authorization to execute Resolution No. 2008-48 accepting Wilson Lake Parkway (County Road No. 2335) into the County Road Maintenance System. Commission District 2.

            Request for approval and acceptance of the list of public right of way deeds that have been secured in conjunction with roadway and / or stormwater projects. (Commissioner Districts 1, 2, 3, 5)

            Request for approval and execution of a right of way purchase agreement with Journey Circle M Ranch, LLC, for right of way, and authorization for Chairman of the Board of County Commissioners to sign any and all documents necessary for closing in conjunction with Busby Road (#3021) and Number Two Road (#3024) drainage and paving improvements. This includes a Budget Change Request to transfer the funds. Commission District 3.


            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda, Tabs 11 through 16, as follows:

            Request for approval of agreement with William S. West for right-of-way needed for CR 466 Road Widening Project.  Commission District 5.

            Request for approval to advertise ordinance for expansion of Country Greens Community Development District and consent to District’s power to maintain additional facilities and systems for security.  Commission District 4.

            Request for approval to advertise ordinance creating the Plaza Collina Community Development District.  Commission District  2.

            Request for approval of Interlocal Agreement with the City of Minneola related to location of a communication tower.

            Request for approval of Amendment to Lease Agreement between Lake County, Florida and Louis J. Formato Trust for County Health Department space in Clermont to allow for an additional one-year term commencing May 1, 2008 and terminating April 30, 2009, with the option to renew for one additional year.  Commission District 2.

            For Information Only - Vested Rights Determinations for the Developments of Arbor Ridge, Drew's Landing, Drew's Estates, Pebble Creek, and Park Haven. Commission Districts 2, 3, 4 and 5.

            Commr. Renick wanted to point out that Tab 13 was just for approval to advertise the Plaza Collina Development District, but some people wanted to know what the actual date was that it was coming back.

            Mr. Sandy Minkoff, County Attorney, responded that he believed that the advertising was once a week for four consecutive weeks, so it was liable to come back in mid-May at the earliest.  

Employee Awards

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

Presentation of Award to Employees with Five Years of Service

Karen Burt, Office Associate III, Public Works/Road Operations

Jeffrey Coulthart, Firefighter/EMT, Public Safety/Fire Rescue

Scott Covington, Firefighter/EMT, Public Safety/Fire Rescue

Michael Dinkins, Librarian II, Community Services/Library Services/Marion Baysinger Memorial Library

Debra Dyer, Tourism Specialist, Tourism & Business Relations/Tourism

William Holtzman, Firefighter/EMT, Public Safety/Fire Rescue

Edward Johnson, Firefighter/Paramedic, Public Safety/Fire Rescue

Robert Perry, Firefighter/Paramedic, Public Safety/Fire Rescue

Matthew Roudabush, Firefighter/EMT, Public Safety/Fire Rescue

Dennis Smolarek, Librarian I, Community Services/Library Services/Cooper Memorial Library

Presentation of Award to Employees with Ten Years of Service

Brenda Likely, Financial Analyst, Community Services/Transportation Disadvantaged

Debra Padgett, Associate Plans Examiner, Growth Management/Building Services

Katherine Reardon, Animal Euthanasia Technician, Public Safety/Animal Services (not present)

Presentation of Award to Employees with Fifteen Years of Service

John Heffler, Senior Maintenance Worker, Community Services/Agricultural Education Services/Cooperative Extension Service

Gerald Langsdorf, Traffic Data Technician, Public Works/Engineering/Transportation

Susan Michaelsen, Commissioners Aide, County Commissioners Office/BCC Administrative Support

Presentation of Award to Employee with Twenty Years of Service

Randy Jones, Battalion Fire Chief, Public Safety/Fire Rescue


Mr. Fletcher Smith, Community Services Director, commented that Mr. John Provance, Executive Director of United Way of Lake and Sumter Counties, would do a brief presentation about the Human Care Network, which was a program that has been very successful in Lake County.

Mr. Provance mentioned that Mr. Jim Judge, who was the Campaign Chair for United Way this year, was present at the meeting.  He also noted that Ms. Brenda Quattlebaum, another Lake County staff member, as well as Commr. Stewart, were on the Board of Directors for the United Way and played a key role in their community impact initiatives.  He expressed appreciation for County staff participation and stated that Mr. Fletcher Smith has been a key community supporter in social and human services and has been a vital link between the community organizations, the faith based community, and the County organizations to help them come together the way they have.  He reported that he would give an insight into the Human Care Network and a peak into the future, as well as talk about what was currently going on given the economy and the climate of the nation and how they would prepare themselves.

Mr. Provance related that the Human Care Network was created in 2002 to resolve the major community problem of hunger through the efforts of the Lake County Commission, the Salvation Army, the United Way, and the faith-based community of over 100 churches.  He stated that there was a location for each and every resident of Lake County who was in need of services such as prevention of abuse, food, and disaster relief to go.  He pointed out that it was a neighborhood based system, and the people within the community were helping their neighbors.  He also noted that in the Altoona area, half of the EMS station there was a Human Care Network and was manned by volunteers from several churches, and during the Groundhog Day tornadoes, it was the EMS that were there serving the needs of the people.  He also stated that Mr. Jim Judge’s employees were doing blood pressure checks and other things to check on the health needs of individuals who did not have doctors and that lived out in the middle of nowhere.  He specified that last year 36,000 families and 117,000 people were served about 1.2 million pounds of food, and there was $400,000 worth of utility and rent or mortgage assistance, which was currently becoming an incredible issue throughout the country.  He reported that the United Way was trying to help with that problem with a new program to encourage financial stability and was about to kick off a prosperity campaign.

Mr. Provance talked about the future, and stated that they were currently having some issues with being able to get food, since there was more than a 50 percent reduction nationally from some of the major food banks.  To proactively prepare themselves for the future, they have been meeting with some farmers and other individuals in both Lake and Sumter Counties to look into farming their own acreage to be able to provide the food that was necessary, as well as looking into local canning operations.  He illustrated and talked about the building of round houses for transitional housing in the future that could withstand disasters and that were energy efficient.

Commr. Stewart stated that the Human Care Network was impressive and that it was heartwarming to see the volunteers giving so much of themselves to the people that needed it.  She also commented that they ran it very efficiently, and they thought outside the box to keep their expenses down and to prepare for the future.  She stated that they were working hard to provide a very successful service to the community.

Mr. Provance commented that there were 400 to 500 people involved, and they were doing an incredible job taking care of the needs of their people.



Mr. Sandy Minkoff, County Attorney, stated that this was the first reading of the ordinance, and they had two readings because it was a change to the Land Development Regulations, which would affect uses that could be made on property.  He explained that if it should pass that day, the second reading would be after 5:05 p.m. in about a month or so from now.  He proceeded to place the proposed ordinance for its first reading, by title only, as follows:


Mr. Brian Sheahan, Planning and Community Design Director, recapped that on June 18, 2007, the Board gave staff direction to initiate an amendment to the Land Development Regulations (LDR) to address situations where residential uses were impacted by heavy industrial uses and that on September 20, 2007, the Local Planning Agency (LPA) considered those amendments and requested some additional modifications that were included in the attached ordinance to the Agenda.  He summarized that the ordinance better defined light industrial and heavy industrial uses and provided additional performance criteria when heavy industrial uses were adjacent to residential uses.  He specified that the changes included the definitions for industrial use, industrial use light, and industrial use heavy; a proposed requirement for conditional use approval for heavy industrial uses within 500 feet of the residential uses so that impacts could be addressed through the site-appropriate conditions; a proposed screening requirement to require screening of nonstructural equipment in addition to parking, loading, and storage areas, because these tended to be where the greatest noise impacts were; and creation of a type E 50-foot buffer to be installed between heavy industrial and residential uses with greater width, vegetation, and a berm.

Mr. Sheahan reported that since the LPA hearings, staff had met with many affected parties, including the industrial use owners as well as affected residential owners, and based on this input, staff requested the amendments to the ordinance that were contained in the packets.  He specified that one of those changes was the request on Page 2, Line 28, that the definition of “Residential Area” be added as “Land designated in the applicable comprehensive plan or zoning map, or currently used, for residential purposes at a density of greater than one dwelling unit per acre of land.”  Also, on Page 4, Line 21, Section 5, Note 24,  they requested that the term “or PUD zoning” district be deleted, and in its place, staff requested to insert the word “area” to reflect the new definition that was added.  He also stated that on Page 5, Line 5, Section 5, Note 24 (b), staff was requesting to delete the noise provision, since those issues would be addressed in a separate noise ordinance.  Alternatively, with the Board’s direction if they did not want to delete that provision, staff requested that they add a provision to cross-reference the noise ordinance.  He reported that the last change would be on Page 5, Line 41 in Section 6 which was an addition of the sentence “Screening shall be required between heavy industrial uses and residential uses of 8 to 12 feet,” as the second sentence to the paragraph, which would provide a specific standard.

The Chairman opened the public hearing.

Ms. Leslie Campione, Attorney, stated that they were a little concerned that the distance requirements in this ordinance did not give them the level of comfort that they were looking for, since the specific noise levels that would be adopted were still unknown.  She explained that if they went with the levels that they recommended at the workshop, they felt that there would be adequate protection.  She pointed out that during a CUP review, the Board could impose requirements that exceeded their minimum noise levels, and she thought that the ordinance should state that they had the ability to do that.  She also asked that during the review of site plans that were outside the CUP area, staff be given the authority to ensure that the site plans were designed in such a way as to meet the minimum requirements.  She added that the screening was important, but they felt that a wall was probably more appropriate to mitigate noise than a fence and thought that staff should have the ability to determine which should be used depending on the circumstances.  She also believed that screening should be built in instances where an industrial zoned property was not immediately adjacent to a residential property, since there may be land in between, and she was concerned about whether the ordinance addressed that.

Mr. Bob Merriam, a resident of Arlington Ridge, Leesburg, stated that they had put a lot of time and effort into this ordinance not just to protect themselves, but other County residents as well, and that this was a county-wide initiative.  He commented that Mr. Tom Lang of Prestige Ready Mix has made all of the accommodations already that were outlined in the ordinance and for the most part has become a very good corporate citizen.  He emphasized that this ordinance was not anti-business, and they believed this ordinance was good for business because it gave clear common-sense guidelines of how businesses could be good neighbors.  He opined that any responsible business wanted to know what it would take for them to co-exist and be good corporate citizens.  He urged the Commissioners to vote for this ordinance as well as working with them on the upcoming noise ordinance for the future.  He also expressed appreciation for all the support the Board has given them.

Mr. Keith Schue, a resident of Mt. Plymouth-Sorrento, the Nature Conservancy advocate, and a member of the LPA (Local Planning Agency), addressed the Board and mentioned that staff made the recommendation that the term “residential development” be defined as “development greater than one unit per acre.”  He stated that he did not know the context in which that recommendation was made, and he wanted to know whether that somehow affected the applicability of this ordinance to residential development of one per acre or higher.

Commr. Cadwell assured him that they would get that question answered.

Mr. Gary Cooney, Attorney with the law firm of Richey and Cooney, commented that Mr. Merriam was correct about businesses wanting to know the guidelines going in.  He commented on two concerns he had regarding the ordinance, one of which was that if businesses were already zoned heavy industrial in the County and there was a vacant piece of agricultural property next to it, it would be unfair to then have a residential development get approved on that adjacent property and have the site plan suddenly become nonconforming.  He pointed out that that would also make it more difficult for that business to expand.  His other concern had to do with property being within 500 feet of residential subdivisions, which was that there could be an instance where there was a large piece of property that allowed businesses to locate their use where they would be 1000 feet away from the subdivision, but because they owned the entire piece, they would then be subject to the 500-foot restriction.  He urged the Board to take a look at those potential concerns.

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

Commr. Cadwell asked Mr. Sheahan to respond to Mr. Schue’s question.

Mr. Sheahan stated that if they required a buffer when the site was not immediately adjacent, they ended up with a buffer on the industrial property in addition to screening. When another business went in at the vacant industrial property, it would require another buffer and another screen, resulting in a buffer to an industrial use as well as a buffer to a residential use, which staff thought was repetitive and over-kill.  He explained that the ordinance had a provision in it under the mandatory conditions which could be increased during the conditional use process to address unique circumstances.  He stated that the mandatory conditions included that all outside storage materials be screened so that they were not visible, any soil-like materials had to be treated so that they did not create dust and debris problems, all on-site travel lanes and maneuvering lanes must be paved to reduce vehicle noise, and lighting provisions were also mentioned.  He also indicated that Mr. Schue’s question was a good one and had come up after the LPA hearing and stated that the way the ordinance was currently written would only apply to those residential zoning districts and PUD’s within the County.  He added that many times the municipalities were also county residents, so the new definition of residential area was a much broader definition, which does include those residential properties within the municipalities.

Commr. Renick thought that the question was regarding the densities.

Mr. Sheahan clarified that this would not apply to densities of one home on more than an acre, which was intentional because typically many industrial uses such as mines and things of that nature started off in agricultural areas of five, ten, or even 20-acre tracts where the impact could be mitigated because of orange groves, woodlands, and things of that nature in addition to the distance between the homes.  He emphasized that the ordinance provided a new standard of an 8 to 12-foot wall for screening for industrial uses, which would take care of the larger properties, in addition to any naturally occurring buffers on the property which would provide a substantial barrier.

Mr. Minkoff commented that the standard was also a dual standard, and was not just size of lots or zoning, but also comprehensive plan category, so if they were adjacent to property in the comprehensive plan or the zoning map that called for a density greater than 1, it would trigger that requirement.

Commr. Renick asked if the County was able to add conditions that might be stricter than what was normally in the noise ordinance.

Mr. Minkoff responded that they could, but noted that the CUP hearing was a quasi-judicial hearing, so there had to be evidence that would show the basis for that.

Commr. Renick stated that she wanted them to include the provision as far as compliance with the noise ordinance, either by cross-referencing it or by stating the language in this ordinance as well, once they had the noise ordinance worked out.

Commr. Cadwell stated that they liked the idea of referencing the noise ordinance in there, and he also directed Mr. Sheahan to meet with the County Attorney to look into ways to give the County the ability to exceed minimum requirements when applicable.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved for staff to come back with the language that they had discussed and the additional amendments that staff brought forward.


            PUBLIC WORKS


            Mr. Tom Eicher, Parks and Trails Division, Public Works, stated that they were in the final stages of the Trails Master Plan and would be coming before the Board sometime next month to give them the final rendition.  He explained that the Trails Master Plan started out with them identifying major regional trails within the County that connected to all the surrounding counties and giving those trails a priority depending on their stage of completion.  He related that once they started giving things priority, they realized that the Wekiva Trail, which went from the Wekiva River to Mount Dora, had very high priority ratings, and they were not getting the proper encouragement and feedback from the Expressway Authority and the consultants that were doing the design work.  They wanted to make sure that the trail was included in the design of the Wekiva Expressway.  He asked the Board to approve the resolution to support the design of this trail along with the Expressway to show them their commitment to this part of the project.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Tab 7, request from Public Works for approval of Resolution No. 2008-47 to support the Lake-Wekiva Trail to be included within the design and construction of the Wekiva Parkway.

            Commr. Renick wanted to point out that the County kept including the Karlton DRI on all of their maps, and she thought they might need to clean up their maps.

            Mr. Eicher assured Commr. Renick that they could take care of that.



Mr. Ken Harley, Public Transportation Manager, stated that Tab 18 was an update to their System Safety Program Plan (SSPP).  He recapped that in 2001, the Board adopted the SSPP, which was required by the Florida Department of Transportation (FDOT) as well as the Federal Transit Administration.  He explained that that plan ensures that the vehicles were operated with minimum safety standards, that drivers undertook physicals each year, that the vehicles were inspected on a daily basis before the drivers started their route and that they posted inspections when they got back, that they followed certain guidelines regarding drug and alcohol testing of employees, and that annual certification was provided to FDOT at the end of each year showing that they were in compliance with those requirements.  He reported that the update to the plan would ensure that they had included these proper designations of federal registered guidelines into the policy.  He noted that the most significant changes to their policy were the Environmental Protection Agency 40 CFR, Part 261 that related to hazardous waste and adding Lake Express to the plan, since it was originally designed to cover Lake County Connection.

On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 18, the request from Community Services for approval of the updated Lake County Public Transportation System Safety Policy.


Mr. Harley requested that Tab 19 and Tab 23 be heard together since they were tied together and explained that the American with Disabilities Act (ADA) was a federal law that prohibited discrimination to persons who had disabilities.  He specified that under the transportation section of the ADA, the law required that fixed route transportation systems be accessible to persons with disabilities, and the law provided that complimentary services be provided to people within three-quarters of a mile who were unable to access the fixed route due to a disability or they were not able to navigate the system due to a mental or physical disability.  He related that normally ADA clients paid a higher rate for the service because it was door-to-door, which would be $2 as compared to $1 for LakExpress.  He also gave the ADA definition of a disability as a physical or mental impairment that substantially limited one or more of the major life activities of an individual, such as a person that could not walk to or see to get to a bus site or have some hearing or other disabilities that would limit their ability.  He also explained that to be eligible to utilize the ADA complimentary service, a person had to be certified in the program, and that certification process was outlined in this document.  He added that the service was portable, which meant that if a person was ADA in another jurisdiction and they came to Lake County, their certification would have to be honored for 21 days until they were certified in the County’s system and vice-versa if someone left the County’s system to go to another transit agency.  He mentioned that the guidelines and policies that they were utilizing were duplicated from some of the other transit agencies that had already been approved.  He explained that Tab 23 was the operational part of the process, such as the ID card, the denial letters, and the screening process; and the rider guide and the application guidelines basically mirrored each other in this program.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tabs 19 and 23, the request from Community Service for approval of the Lake County ADA Paratransit Rider’s Guide and approval of the ADA application, guidelines, ID card, and letters as required by the Federal Transit Administration (FTA).


            Mr. Harley explained that Tab 20 related to charter transportation services and that their buses were funded by the FTA.  He specified that under 5307 the buses were basically paid 100 percent and under 5310 there was a 90/10 match that the County paid.  He related that as a result of receiving the vehicles from the FTA, one of the stipulations was that they could not engage in charter transportation services unless there was no other agency within the area that was willing to provide those services, and within Lake County there were several entities that were available for that, such as Lake Limo.  He explained that the reason the FTA did not want the County to provide that service was to avoid unfair competition with private enterprise, since the FTA was paying for the County’s vehicles and that people in private enterprise had to pay the full cost of their vehicles.  He noted that they did make special exceptions in the law that would take place in April to allow governmental agencies to utilize the bus for official governmental business.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the request from Community Services for approval of the BCC Charter Transportation Policy.


 Mr. Harley stated that Tabs 21 and 22 were basically identical, and they were working with the libraries throughout the County for them to sell passes for the fixed-route run.  He reported that so far Lady Lake and Leesburg had come on board as well as the City of Tavares, who would sell them out of their City Hall rather than from the library.  He explained that these were agreements that would make passes available within those respective municipalities, so the citizens of those communities could go purchase bus passes during normal operations of the library.  He noted that this would not cost the County anything and was just a partnership with the cities.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 4-0 vote the Board approved Tabs 21 and 22, a request from Community Services for approval of the interlocal Agreement between the BCC and the Cities of Fruitland Park and Leesburg respectively to sell LakeXpress Bus Passes.


At 10:10 a.m., the Chairman announced a recess until 10:30 a.m.



Mr. David Hanson, Public Lands Manager, stated that the request this morning was to submit two applications to the Florida Communities Trust (FCT) for properties that the County already acquired, which were the Ellis Acres property in Paisley and the Kuharske (or “Pasture”) property in the Green Swamp.  He explained that they were planning on applying for a 40 percent match from FCT, and the lowest possible match would give them the maximum possible points.  He reported that if they were successful, they would realize about $3.5 million in grants between the two.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the request from Growth Management for approval and authorization to submit two grant applications to Florida Communities Trust that will partially reimburse the County for properties that have been acquired.  Commission Districts 2 and 5.


Mr. Brian Sheahan, Planning and Community Design Director, stated that this item was a request to allow staff to put forward a Scope of Services with WilsonMiller, Inc. to perform statutorily required financial feasibility analysis of the 2025 Comprehensive Plan.  He mentioned that the LPA was nearing completion of the Future Land Use Element, and staff needed to provide the Board with a fiscal analysis of that plan for the workshops that would follow that transmittal.

Commr. Hill asked if this was just for the land acquisition portion or the entire Comprehensive Plan.

Mr. Sheahan responded that this was for the entire Comprehensive Plan.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 25, the request from Growth Management for approval to execute the contract with WilsonMiller, Inc. consistent with the attached Scope of Services to perform financial feasibility analysis for proposed Comprehensive Plan required pursuant to 163.3191 Florida Statutes.



On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by  vote of 4-0, the Board appointed Ms. Dawn McDonald as Lake County School Board representative, Mr. Michael Perry as Lake County Water Authority representative, and Mr. Mike Stone as an at-large representative to upcoming vacant positions on the Parks, Recreation and Trails Advisory Board.



Mr. Minkoff stated Tab 28 was the approval of the resolution which would authorize them to engage in eminent domain, and this was only one parcel on the CR 466 project.  He recapped that they had been working with Public Works diligently trying to acquire the parcels for the CR 466 project, particularly those that were in the “A” Phase, which was from Rolling Acres Road westerly to the Sumter County line.  He explained that this particular parcel was included in the previous resolution, but Mr. Tom McCann at Public Works noticed that they would be able to redesign the plan in a way that would take substantially less property and would be in a much better location in terms of cost.  They believed there would be a considerable cost reduction by changing it this way, which was why they were bringing it back to the Board for this parcel only, and he recommended approval.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the request from the County Attorney for approval of Resolution No. 2008-49 regarding property owned by Z.M.S.S., LLP needed for the CR 466 Road Widening Project.  Commission District 5.


            Mr. Minkoff informed the Board that the closing on the Prestige site on US Hwy 27 was set for about the 17th or 18th of April and that they would be acquiring that parcel, pursuant to the settlement agreement.  He commented that the County Manager’s Office was diligently trying to dispose of it.


            Mr. Minkoff stated that as of March 31, they had gotten a contract for the State Road 50 site of the former auto dealership that they had discussed last week, which contained a very aggressive 90-day due diligence period which gave the Board almost complete discretion within that time to decide whether to purchase or not.  He added that they would begin the due diligence process on it, so they would be spending some monies for things like surveys and building and environmental reviews while the County Manager looked at the facility.


Mr. Minkoff reported that on the Hugh Kent parcel, they had a contract that was signed by that seller and by the County Manager.  He stated that the property owner accepted their offer with no changes, but there were two stipulations that they put in a letter that he agreed to on behalf of the Board, which were that the Kents would be able to take back an old cabin on the property if the County elected to destroy it and that if the County elected to give up the consumptive use permit to withdraw water from the lake to irrigate the grove, then the Kents could move that permit to their grove on the south side of the road.  He added that they were aggressively moving forward with the surveys and other due diligence on it.

Mr. Minkoff related that they had also gotten a contract on Thursday or Friday, March 27 or 28, regarding Akron Meadows, and they had reduced the purchase price offer by $7500 to include the cost of taking down the house that was on the property, if they decided to do that.  He related that the seller was providing them with surveys and updated environmental in that case, which were in the works as well.  He mentioned that the County should be able to acquire both the Kent and Akron Meadows parcels within the 60-day timeframe that they had.

Commr. Cadwell asked Mr. Minkoff to get back with them regarding any information on the cabin that was on the Kent parcel before they did anything with it, since they did not know whether there was any historical significance attached to it.

Mr. Minkoff responded that he thought Mr. Hanson was interested in looking at it, and the only agreement they made was that if they elected that they did not want it, then they would let them move it over to his property to the south.  He also informed the Board that on the Kent and Akron Meadows parcels, all the appraisals and offers were public for anyone to come in and see those, and he was holding the other offers and appraisals confidential to allow them to go back to those properties if something came up that would result in them not being able to close on one of them.  He stated that with the Board’s permission for this 60-day period, they would consider those pending negotiations on the other properties.

Commr. Cadwell asked if Public Works was satisfied with the right-of-ways.

Mr. Minkoff responded that they were, and some of the money for the ones on the Kent parcel would come from Public Works and some would come from PLAAC funds.


Mr. Minkoff reaffirmed with the Board that Groveland had the first reading on an annexation ordinance next week and that the Board has directed him to appear at the council and oppose.  He did not think there was a substantial change to the ordinance, and unless he heard otherwise, he would be going to that meeting next week.

Commr. Cadwell commented that on Monday, April 7, he, Mr. Minkoff, and Ms. Hall would meet with the people from Umatilla, but they were watching all of the annexations, and he thought they were slowing down to some extent.

Mr. Minkoff stated that several years ago, the Board had them do a systematic check on every annexation, but he did not believe they were currently doing that.  He stated that the Board now usually gave them direction to act at a Board Meeting.

Commr. Cadwell thought that they needed some type of system, since sometimes things flew under the radar.

Mr. Minkoff assured the Board he would look into coming up with some kind of system for that.


Mr. Minkoff reported that they had met on March 31 with the St. Johns River Water Management District, the municipalities, and with OUC (Orlando Utilities Commission) to talk about the alternative water supply.  He commented that they were facilitating those meetings, but it was mainly a discussion between the municipalities and OUC that was occurring.



            Ms. Cindy Hall, County Manager, stated that she passed out some information that they obtained from their Health Department on possible impacts to them if their cost-based reimbursement funding from the State was reduced as was currently proposed.  She requested authorization to write a letter on behalf of them from the Board to their legislators outlining these impacts.

            Commr. Cadwell directed Ms. Hall to mention in the letter that the types of programs and people that this would affect were the ones that needed it the most, and it would cost the system one way or the other.  He also asked Ms. Hall to give them the actual cost to Lake County for their local delegation so they would understand the ramifications of this.

            On a motion by Commr.  Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the request of the County Manager to send the letter to the legislators regarding the impacts of the reduction of cost-based reimbursement funding.



            Commr. Hill related that the Economic Development Strategic Planning Steering Committee (the committee) voted to recommend to the Board to dissolve the IDA (Industrial Development Authority) and to establish a combined commission or committee comprised of themselves and the membership of the IDA, implementing the economic development partnership plan that they have approved, and creating a future-broad based Lake County economic commission of partnerships.  She explained that they wanted to utilize this new committee to reorganize and identify non-government interest groups to support the targeted sectors and to set criteria for a nominating process to fill those seats.  She reported that the committee had also requested that they be allowed to continue to meet and that they wanted an organizational meeting to be scheduled within two weeks.  She asked if the County Manager and County Attorney could help her draft a workable ordinance to help them streamline that organizational meeting and if at least one of them could be present during that meeting, but she was not sure that they could do that within the two weeks.

            Ms. Hall thought that two weeks might be a little bit optimistic as far as getting that pulled together, but suggested that she; Commr. Hill; Mr. Minkoff; and Ms. Dottie Keedy, Economic Growth and Redevelopment Director, work together to draft an ordinance that would be consistent with the results of the Economic Development Strategic Plan that the Board adopted and to bring that back to the Board, as well as to get some input from the committee.

            Commr. Cadwell commented that he was excited that the IDA members still wanted to participate in the process and that the IDA has done a great job for them over the years, but the focus has changed.

            Mr. Minkoff stated that if he had just the number of the members, he thought he could create an ordinance fairly quickly, because they were using almost the same format for all of their boards and committees.

            Commr. Cadwell directed that as a starting point, they should create an ordinance that takes the recommendations from the economic development strategic plan, and then take it to that group and get input from them.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to have the County Attorney draw up an ordinance dissolving the IDA and creating the new steering partnership committee.



            Commr. Renick reported that she went to the St. Johns River Water Management District last Wednesday to get the results of their domestic self-supply study, and she pointed out a map which showed that there was a large drawdown in the Plymouth-Sorrento area.  She asked the Commissioners to go over the report she handed out and stated that they were going to have to talk about it in detail at some later time.  She shared some of the recommendations that came out of the meeting, one of which was a meeting with the Lake County Water Alliance, which had already been arranged for April 9.  She noted that St. Johns would also like to meet with every planning director in the whole county, including municipalities, and she asked staff to help facilitate that.  She mentioned that St. Johns would like to talk to the city managers and that they also offered to appear before the Board, and she wanted to direct staff to schedule that presentation.  She opined that the “Our Community, Our Future” meetings would be the perfect place to have a presentation, since there was usually a good turnout of elected officials at those meetings.  She also suggested that the County look into revising the methodology currently being used in the comp plan process, but assured the Board that this would only affect the land use map that was currently in the process of being finalized.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board moved to have staff look into and do some analysis on the aforementioned recommendations made by Commr. Renick and come back to the Board.



            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the execution of Proclamation No. 2008-50 proclaiming April 8, 2008 as Healthy Start Day.



            Commr. Stewart expressed concern regarding Florida Forever being cut from the State budget, despite the fact that it was supposed to be funded through 2010.

            Mr. Keith Schue addressed the Board regarding this issue, commenting that Lake County has been a leader on this issue with their land acquisition program.  He related that there was concern about efforts to potentially move the Florida Communities Trust Program into DEP (Department of Environmental Protection).  He also informed the Board that the House did not currently have Florida Forever funding in their budget.  He opined that the cutting of Florida Forever would be devastating, and he encouraged the Board to become engaged on that issue and to contact the legislators that represent this district and others, including Senator Carey Baker and Representative Alan Hayes.

            Commr. Cadwell stated that this item fell under the approval the Board had given him during the session to write letters on issues they have already taken a stance on, and he directed Mr. Hanson and Ms. Hall to draw up a letter and get it off to them.



            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the execution of Proclamation No. 2008-51 proclaiming April 26, 2008 Beta Sigma Phi Founders Day.


            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the execution of Proclamation No. 2008-52 proclaiming April 25, 2008 Salvation Army Day.


            Mr. Keith Schue thanked Commr. Renick for attending the green printing meetings and commented that what would hopefully emerge from the green printing exercise was a solution that recognized the advantages of looking at more than just one piece of information regarding the natural resources in Central Florida.  He specified that there were different data sets that were appropriate, such as the ecological greenways network, the springshed information, and the aquifer recharge areas.  He also thought it made sense to have a set of maps that were part of a map series that related to natural resources in a broader context, but that there should be full disclosure of the source data, methodologies, who it was conducted by, and who funded it.  He also commented that half of the water currently used was being put on landscapes that were not consistent with the natural vegetation in the area, and he hoped that would be part of the discussion regarding water conservation.

            Commr. Renick mentioned that she thought April 15 would be a good date for a discussion of that topic and to share what she learned at the St. John’s meeting to tie in with other presentations regarding that.

            Commr. Cadwell commented that he thought that would be a good time to discuss what the Board as a group thought regarding this issue.  He also wanted to discuss a resolution to support the funding and endeavors of the St. Johns River Alliance group at that time.


            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.




                                                                        WELTON CADWELL, CHAIRMAN