A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 1, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, July1, 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, due to another commitment.  Others present were: Melanie Marsh, Deputy County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk; and Sandra Carter, Deputy Clerk.

INVOCATION

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

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that Tab 20, a presentation by the Clermont City Manager regarding fire services; and Tab 29, a Resolution designating Dr. Diane Kamp as the Official Lake County Historian, were being postponed until the July 15th meeting.

MINUTES

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Minutes of May 20, 2008 (Regular Meeting); May 27, 2008 (Regular Meeting); and June 3, 2008 (Regular Meeting), as presented.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Court’s 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 May 31, 2008, in the amount of $185,884.24.  Same period last year: $188,591.64.

            Greater Lakes Sawgrass Bay Community Development District Proposed Budget for

            Fiscal Year 2008/2009

            Request to acknowledge receipt of Greater Lakes Sawgrass Bay Community Development District Proposed Budget for Fiscal Year 2008/2009.

            Village Center Community Development District Proposed Budget for Fiscal Year

            2008/2009

            Request to acknowledge receipt of Village Center Community Development District Proposed Budget for Fiscal Year 2008/2009, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.

            Plaza Collina Community Development District Proposed Operations and Maintenance Budget for FY 2008/2009

            and Proposed Operations and Management Budget for FY 2007/2008 Pro-rated

            Request to acknowledge receipt of Plaza Collina Community Development District Proposed Operations and Maintenance Budget for FY 2008/2009 and Proposed Operations and Management Budget for FY 2007/2008 Pro-rated.

            Central Lake Community Development District Proposed Budget for Fiscal Year 2009

            Request to acknowledge receipt of Central Lake Community Development District Proposed Budget for Fiscal Year 2009, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Cadwell pointed out the fact that Tab 14 involves a request from Public Works for approval to advertise for bids for the CR 44A and Estes Road Intersection Project.  He stated that the intersection has been a dangerous one for years, but that with the County being able to acquire additional property at that intersection through the land acquisition deal, the County is going to be able to make the intersection a lot safer.

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

            Budget

            Request for approval of the following:

            Request from the Sheriff for reimbursement for allowable State Law Enforcement Trust Fund expenses incurred, according to the Florida Contraband Forfeiture Act.  The request exceeds the County Manager’s approval limit of $25,000.  Total payment is for $49,907.88.

            Request from the Public Safety Department for payment of an invoice from TransMontaigne Product Services, Inc., for fuel charges.  The request exceeds the County Manager’s approval limit of $25,000.  Total payment is for $25,641.32.

            Community Services

            Request for approval to submit an electronic application for the Bureau of Justice Assistance Grant (JAG) for FY 2008, in the amount of $28,353; designate Detective Corporal Todd Rowley as the program’s contact person, and Mr. Fletcher Smith, Community Services Director, as the alternate contact person, designated by the Board to serve as the day-to-day contact person on program related matters, including completing the application, accepting the grant award, reporting, and other activities related to the grant. (The program’s contact person and alternate have the ability to bind Lake County to all terms and conditions related to the grant, including report requirements.); and authorize the Chairman to sign any related documents (as may be required).

            Conservation and Compliance

            Request for approval of Release of Fine for Sheila L. Brown, Property Owner - Case No. 2002060156 - Commission District 5.

            Request for approval of Satisfaction and Release of Fine for Jeffery H. Dixon, Property Owner - Case No. CEB 44-94 - Commission District 5.

            Procurement

            Request to award ITB No. 08-0233 to Marion Service Roofing and Sheet Metal Company, in the amount of $99,900.00, with a 20% Contingency, in the amount of $19,980.00, to be used at the discretion of the Director of Capital Construction, Facilities Development and Management Department.

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

            Request to award ITB No. 08-0238, Restroom Addition to Lake County Ferndale Fire Station, to Mark Cook Builders, Inc., in the amount of $47,684.00.

            Request for approval and execution of contract with Cornerstone Detention Products, Inc., to provide padded cell installation at Detention Center.  Cost of contract not to exceed $37,750.00.

            Request that the Board (1) approve term and supply contract award to Spencer Fabrications, Inc., to provide message center signs for Parks and Trails; and (2) authorize Procurement Services Director to execute award section of building document.  Initial annual cost of contract is $119,600.00.

            Public Works

            Request for approval to accept contribution from City of Umatilla and Mr. Paul Bryan, to cover expense of upgrading fencing at county property south of Umatilla Airport on CR 44A -  Commission District 5.

            Request for approval of Proclamation No. 2008-92, designating July as Recreation and Parks Month.

            Request for approval to advertise for bids for CR-44A Intersection (5876) Estes Road Project No. 2008-08, at estimated cost of $677,000.00, from Road Impact Fees Benefit District 2 Fund - Commission District 4.

            Request for authorization to execute Change Order No. 2 to No. 6068 CR-439/SR-44 Intersection, No. 7483 CR-44/Hicks Ditch Road Intersection, and No.5562 Orange Avenue/No. 5876 Estes Road Intersection Project No. 2008-03, Bid No. 08-0008, to Professional Dirt Services, Inc., in the amount of $7,348.32 - Commission Districts 4 and 5.

            Request for approval of Amendment No.1 to Agreement between Lake County and HNTB Corporation, for additional engineering design services, to separate Hartwood Marsh Road Project into two phases (Phase I and Phase II).  The amount for additional engineering services is $94,800.02.  Also included in proposed Amendment is optional design for sound barrier wall in Phase I.  The fee amount for this service is $27,670.62 - Commission District 2.

            Request for approval and execution of Agreement with Clifford A. and Patricia Twetan, for right of way; and authorization for Chairman to sign any and all documents necessary for closing, in conjunction with CR 48 Sidewalk Project - Commission District 1.

            COUNTY ATTORNEY’S CONSENT AGENDA

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

            Request for approval of renewal of Lease Agreement between Lake County and St. Clairsville Medical Group, for Health Department space.

            EMPLOYEE AWARDS

            Presentation of Award to Employees with Five Years of Service

            Sandra Kintzler, Welcome Center Worker

            Tourism and Business Relations (Not Present)

            Katherine Spurgeon, Regional Branch Manager

            Community Services/Library Services/Cagan Crossings Library

            Allison Thall, Citizen Support Services Director

            Community Services/Citizen Support Services

            Presentation of Award to Employees with Fifteen Years of Service

            Jodine Hanson, Commissioners Aide

            County Manager/BCC Administrative Support

            Presentation of Award to Employee with Thirty Years of Service

            Andrew Duncan, Mosquito Control Inspector

            PRESENTATIONS

            LADY LAKE GOLF CART TRAIL

            Mr. Greg Eller, a resident of Water Oaks, in the Town of Lady Lake, addressed the Board, representing the Steering Committee for Improving the Environment, and gave a slide presentation regarding the proposed development of a golf cart community, with access for the handicapped.  He referred to a law that was passed in 1992 – the Disabilities Act, which allows for any mobility scooter, powered wheelchair, or any mechanism that is used by the handicapped to drive on city streets, county roads, and state and federal highways, at which time he noted that a lot of people are trapped in their homes, because the County and the Cities do not have a mechanism for them to use, making them dependent upon others.  He noted that he has been working on this project since 2004 and has met with the Lake-Sumter Metropolitan Planning Organization (LSMPO) several times during that time and supports their work 100%.  He indicated that he contacted Congressman Cliff Stearns’ Office about this project and was advised to take it before a municipal body, thus, his reason for giving this presentation.  He addressed the fact that the cost of fuel (estimated to be $210 per barrel by the year 2010), food, and public transportation is increasing, as is green house gases, and there are environmental changes in the weather, as well, which can all be addressed by implementing new programs, such as recycling; a no burning ban; car pooling incentives; work from home programs; eliminating consumption of fossil fuel, whenever possible; small scooters, motorcycles, and gas golf carts, as well as the use of bicycles and electric golf carts.

            Mr. Eller stated that his group would like for the County to assume the responsibility of linking the following areas in Lady Lake and surrounding communities into a golf cart trail network, thereby reducing energy consumption, green house gases, protecting the environment, and reducing handicapped residents’ dependency on others:  The new mall in Lady Lake, Target Shopping Plaza, Spanish Springs, Home Depot, Sam’s Club, Lady Lake Town Hall, the U.S. Post Office, Recreation Plantation, Water Oak Country Club Estates, Hill Top Manor, Blue Parrot, the Lakes of Lady Lake, and the Quarters Apartment Complex.  He stated that they were also requesting that the County complete a comprehensive study of the cost of such a network, both short and long term, and to include both golf carts and bicycles; coordination with a golf cart trail network and the LSMPO; to conduct a comparison study related to existing streets in Lady Lake, presently utilizing motor vehicles, bicycles, and golf carts; evaluate both Sumter and Marion County bicycle and golf cart regulations, to insure compatibility; and to review Town of Lady Lake Ordinance Nos. 2003-15, 2003-27, 2003-109, regarding the operation of golf carts in Lady Lake, for adoption by the County, for this program.  He suggested that a news release be prepared, for release to the media on September 1, 2008, announcing a ground breaking ceremony for Phase 1 of the proposed project and that honored guests include the Governor, State of Florida Representatives, Florida U.S. Congressmen, Florida U.S. Senators, the Board of County Commissioners, the Lady Lake Town Commission, members of the Steering Committee for this project, and the Lake-Sumter Metropolitan Planning Organization.  He submitted, for the record, a booklet containing information from his slide presentation, the Lady Lake Ordinances he referred to, emails, newspaper articles, charts, etc., pertaining to the subject matter, as well as a photograph showing a street in the Town of Lady Lake, containing a golf cart and bicycle path, as well as a Traffic Study that was conducted for Griffin Avenue and CR 25, in Lady Lake.  He noted that one of the emails was from Chief Ed Nathanson, Lady Lake Police Department, dated 2006, which states that any community can become a golf cart community, as long as the municipality that governs it declares it as a golf cart community.  He stated that the Steering Committee was respectfully submitting their request for the Board’s consideration and approval and suggested that everybody “Think Green”.

            Commr. Cadwell stated that the County is going to have to see if Lady Lake will support Mr. Eller’s proposal.  He noted that staff has been working behind the scenes, regarding the matter, but that he is not confident the Town will offer any assistance.  He stated that he did not want the County to hire anyone to do a comprehensive study, but suggested that Mr. Jim Stivender, Jr., Public Works Director, investigate the matter internally and give the Board an idea about what the cost will be to do the project, to be considered the next time this issue comes up for discussion.

            Mr. Stivender stated that a presentation about walkable communities was given at the last Florida Association of Counties (FAC) Meeting and that he and the County Manager thought that perhaps a presentation should be made to the Board by the LSMPO about how all the walkable communities will fit together.  He stated that he has not had a chance to discuss the matter with Mr. T. J. Fish, Executive Director of the LSMPO, but that he would do so.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            CONSERVATION AND COMPLIANCE

            ST. JOHNS RIVER WATER MANAGEMENT DISTRICT PROPOSED IRRIGATION RULE

            Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board stating that on July 3, 2008, at 10:00 a.m., the St. Johns River Water Management District (SJRWMD) will be holding a public workshop in the BCC Chambers, for comments on their proposed change to the irrigation rule.  He stated that the third public workshop regarding the matter was scheduled to be held in Jacksonville, with the fourth and final workshop being the one that will be held in the BCC Chambers on July 3rd.  He commented that the SJRWMD’s Agricultural Committee will be holding a follow-up meeting in August, to discuss the issue with agricultural interests, to see if there are any concerns from them.  He questioned whether the Board would like for him to take any comments or recommendations to the SJRWMD, or have the Chairman submit a letter to the Governing Board, with recommendations.  He noted that he had outlined in a memorandum to the Board a number of issues that are changing in the rules, a principal one being that the watering of lawns will go from two days per week to one day per week during the Winter months, however, noted that it is not scheduled to take place until the Fall/Winter of 2009/2010.  He stated that a couple of additional issues that he would like for the Board to think about, as outlined in his memorandum, is the fact that the SJRWMD is changing the way that it handles reclaimed water, noting that, in the past, it has had unfettered use, with no constraints being placed on it and no limitation on watering.  He indicated that, with this rule change, they are proposing to include reclaimed water in the limitation on watering, however, noted that there is a provision that will allow individual municipalities who have issues with that to allow an additional day of scheduled watering.

            Considerable discussion occurred regarding the issues involving the proposed irrigation rule and how it will be enforced and the fact that the purpose of the new rule is to scale back the usage to what is actually needed for the turf and landscaping.  Due to the fact that there is currently no restriction on said watering, it was noted that it will be up to the homeowner to be responsible and not over water their landscaping.

            Mr. Welstead informed the Board that the SJRWMD is proposing to limit irrigation wells, where reclaimed water is available, which will produce a significant change in the mindset of the general public.  He suggested taking it one step further, as a recommendation, to rather than limit it to anywhere that reclaimed water is available to anywhere that a central water system is available.  He commented that there are concerns both ways on the issue, noting that, from the Cities’ perspective, if they are concerned about their Consumptive Use Permit, they may want irrigation wells, because the volume of water does not affect it, but, at the same time, no one is monitoring it, so the irrigation wells could run continuously.

            Commr. Renick commented that some cities do not allow irrigation wells, because central water is available, and what is happening in some places is that irrigation wells are being installed in some of the cities, which defeats the purpose of the Conditional Use Permit and looking at water usage, when there are those cities that are unregulated.  She noted that it was something she would be discussing with the Water Alliance, to see which cities are looking at it and which ones are not.

            Mr. Welstead shared with the Board an incident that occurred recently involving a resident of the City of Eustis who was in the process of dropping an irrigation well, when he was informed by the City that he could not do so.  The resident contacted the SJRWMD and they informed the City that they could not restrict him from dropping his well, because the current irrigation rule does not allow them to restrict irrigation wells, so he feels there is a disconnect at that entity.  He stated that it is a very complicated issue and he is not sure where the County wants to go with it.  He noted that he has drafted a proposed ordinance, which he is passing around to some people, including the SJRWMD, to take a look at, that is patterned a great deal like their proposed rule changes – two days in the Summer and one day in the Winter, and follows a lot of their other restrictions, as well, however, noted that, in that draft ordinance, he has included the language he alluded to.  He stated that he would like to obtain some comments from the individual cities and the SJRWMD, so that he could bring back to the Board a consensus of what would be appropriate.

            Commr. Hill questioned what chemicals are allowed to be in reclaimed water, to which Mr. Welstead responded that the Department of Environmental Protection has established those standards in their permits, but that he did not know what they were.  He did state, however, that it has to be water reclaimed out of a municipal wastewater system.

            Commr. Cadwell commented that industrial reclaimed water is at a different level, thus the reason they have their own private spray field and it is contained.  He stated that the level of reclaimed water that cities are producing is at drinking water standards.

            Commr. Stewart interjected that reclaimed water does not necessarily mean that it is safe, noting that many people pour their expired medicines down their drains, which goes into our water system.  She stated that dolphins were found off of Miami with birth control hormones in them, so it is an issue that is going to have to be dealt with.

            It was noted that the Board’s backup information regarding this request contained the SJRWMD’s document (Notice of Development of Rulemaking), indicating what they want to change and Mr. Welstead’s comments regarding their proposed changes.

            Mr. Welstead stated that, as far as the suggestion that the cities be allowed to schedule an extra day for the reclaimed water, he feels, based on conversations from the last public workshop, the SJRWMD understands that it is an issue that they have got to address.  He informed the Board that one other issue that needs to be addressed, as far as the acceleration of the process is concerned, is what they currently have scheduled, which is as follows:

            June and July - workshops

            September, 2008 – permission to publish proposed rule

            November, 2008 – public hearing on final rule

            December, 2008 – file rule, for adoption

            March, 2009 – rule becomes effective

            Mr. Welstead noted that the conservation restrictions will not be in place for this year’s winter season.

            With regard to the request from Mr. Welstead for direction from the Board related to the SJRWMD’s proposed irrigation rule, in preparation for the rule-making workshop to be held July 3, 2008, Mr. Welstead was directed to just observe the rule-making workshop and bring back to the Board, in the form of a memorandum, any outstanding comments for them to weigh, in their consideration of the proposed rule.

            ECONOMIC GROWTH AND REDEVELOPMENT

            JOBS GROWTH INVESTMENT TRUST FUND AWARD

            Ms. Dottie Keedy, Economic Growth and Redevelopment Director, addressed the Board stating that this request involves the last application that was received for the Jobs Growth Investment (JGI) Trust Fund Award Program, before it was temporarily suspended.  She stated that it is from Lakeside Electrical Contractors, located in the City of Leesburg, and they are planning an expansion, which will create 20 new positions, 14 of which will qualify for the JGI funding, at $17.54 per hour minimum, which is 115% of the County’s Average Annual Wage.  She noted that they are planning a $100,000.00 capital investment in new equipment and the award will be for $28,000.00.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Economic Growth and Redevelopment for approval of a Jobs Growth Investment (JGI) Trust Fund award to Lakeside Electrical Contractors, LLC, in the amount of $28,000.00, for the creation of 14 qualifying positions, paying at least 115% of the Average Annual Wage for Lake County, or at least $17.54 per hour, for Incentive Category II - Service/Distribution Companies, at $2,000.00 per job created -Commission District 1.

            ENVIRONMENTAL UTILITIES

            INITIAL ASSESSMENT RESOLUTION FOR COLLECTION, MANAGEMENT, AND

            DISPOSAL OF SOLID WASTE AND RECOVERED MATERIALS FOR FY 08/09

            Mr. Daryl Smith, Environmental Utilities Director, addressed the Board stating that this request was for approval of Initial Assessment Resolution No. 2008-93, for the Collection, Management, and Disposal of Solid Waste and Recovered Materials for FY08/09, including a proposed maximum residential assessment of $184.00; and to establish a Public Hearing date of September 9, 2008.  He noted that the Board can make a determination as to what the final rate will be at the public hearing.

            Commr. Renick questioned whether staff was thinking about raising the tipping fee and was informed that they were not, at this point in time – that the increase would be just for the assessment.

            A motion was made by Commr. Renick and seconded by Commr. Cadwell to approve the request.

            Under discussion, Commr. Stewart commented that she feels the Board needs to do whatever it can not to raise any fees, because there are citizens that are worried about putting food on the table and $10 is a lot of money to them right now.  She noted that approval of this request was just for the public hearing and that the Board was setting the maximum fee, but that it did not mean it was going to happen.

            Commr. Cadwell interjected that the County Manager asked to put this item on the Agenda, because she knows what their goal is – to not make up the tax cut with fees.

            Commr. Stewart stated that she feels the County needs to make it very public that that is what is happening and that it is what the Board is aiming for.

            Commr. Hill commented that she is still working with the County Manager on the numbers and, therefore, would not be supporting the motion at this time.  She noted that she was not comfortable with even approving the request for advertising.

            Commr. Renick stated that she understood the Board was going to have a discussion about the maximum fee and the fact that it could not go any higher than $184.00.

            Ms. Cindy Hall, County Manager, informed the Board that the budget, which is scheduled to come before them on July 15th, will show where all the millages fall, as well as the assessments for both fire and solid waste.  She stated that, at this point in time, staff is looking for the flexibility to have for consideration the maximum fee of $184.00, simply so that they can offer to the Board a budget that is balanced and demonstrate to the Board their intent, which was that all the millages and fees would come in at a lower level for the property owners.  She stated that the County is committed to that, but staff is asking for the $10.00 allowance, as they prepare the budget, noting that it is the maximum, but the Board can lower it – they are not locked into that figure.

            Commr. Stewart stated that she feels, when Ms. Hall presents the budget to the Board, there is going to be a better understanding of it, but that she wants to make sure they keep the costs to the citizens down as much as possible.

            The Chairman called for a vote on the motion, which was carried, by a 3-1 vote.

            Commr. Hill voted “No”.

            PROCUREMENT SERVICES

            INTERLOCAL AGREEMENT WITH POLK COUNTY FOR PROCUREMENT CARD

            (PCARD) SERVICES

            Mr. Barnett Schwartzman, Procurement Services Director, addressed the Board stating that this request is about increasing revenue to the County, noting that there are two primary aspects to the request, the first being that the County’s current PCard Program is based on piggybacking the State of Florida’s contract, which gives the County a .4% rebate.  He stated that Polk County has recently awarded, on a competitive and cooperative basis, a PCard that allows the County at least a 1% rebate and that staff would like authorization to go that way, which will require nothing but the County Manager’s signature.  The second aspect of this request is the fact that the County uses the PCard primarily as a small purchase Procurement Services process, noting that it can still be used, whether the County switches to Polk County, or not, as a substitute for writing a check, after staff has completed the review process, with invoices from vendors, if they agree.  He stated that staff feels this has a lot of potential and will significantly increase the amount of money that is returned to the County and would like approval from the Board to check it out.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Procurement Services for approval of an Interlocal Agreement with Polk County for Procurement Card (PCard) Services, with authorization for the County Manager to execute associated documentation and notification of potential use of PCard as an alternate payment process.

            PUBLIC WORKS

            LAKE IDAMERE PARK CONCEPTUAL MASTER PLAN

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that, on May 27, 2008, a presentation was given to the Board by a group from the Miracle League and the Kiwanis Club and that staff was directed to put a layout together, showing how the Miracle Ballfield and a traditional softball field will fit on the Lake Idamere site.  He stated that said layout was prepared by Mr. Bobby Bonilla, Director, Parks and Trails Division, Public Works, which he reviewed with the Board, pointing out the location of the proposed ballfields, as well as a wooded area that will be set aside for a hiking trail.  He requested the Board’s approval for staff to pursue a grant, to help in the funding of the Miracle Ballfield, as well as the traditional softball field that is planned for the park, and to accept donations raised by private organizations to help fund the design and construction of the Miracle Ballfield, noting that it was part of the overall plan to accept said donations, to develop the site.

            The County Manager responded to a concern by the Board about how the donations would be handled, noting that a separate fund would be set up, isolating said donations.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Public Works for approval of the Lake Idamere Park Conceptual Master Plan, to include a Miracle Ballfield and a traditional softball field; approval to pursue a grant, to help in the funding of said ballfields; and approval for staff to accept donations raised by private organizations, to help fund the design and construction of the Miracle Ballfield - Commission District 3.

            PUBLIC HEARINGS

            ORDINANCE REMOVING NOTIFICATION REQUIREMENT TO PROPERTY

            OWNERS ABOUT SPECIAL MASTER PROCESS FOR DEVELOPMENT ORDERS

            Ms. Melanie Marsh, Deputy County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 14.17.07, LAKE COUNTY CODE, LAND DEVELOPMENT REGULATIONS, ENTITLED REQUEST FOR RELIEF; PROVIDING FOR CONSISTENCY WITH SECTION 70.51, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2008-44, amending Section 14.17.07 of the Land Development Regulations (LDRs), removing a requirement that a property owner is to be notified of the Special Master process with every development order issued, or enforcement action commenced, as presented.

            CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR LAKE-

            SUMTER EMERGENCY MEDICAL SERVICES

            Mr. Melanie Marsh, Deputy County Attorney, informed the Board that approval of this request was required, in order for Lake-Sumter Emergency Medical Services to renew its state license, however, noted that their license needed to be renewed by June 30, 2008, so staff added that to the Certificate.  The Certificate indicates that it shall become effective June 30, 2008 and shall expire June 30, 2010.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a Certificate of Public Convenience and Necessity for Lake-Sumter Emergency Medical Services, with the change noted by the Deputy County Attorney.

            ORDINANCE LIMITING SIZE OF ACCESSORY STRUCTURES IN RELATION TO

            SIZE OF PRINCIPAL STRUCTURE

            Ms. Melanie Marsh, Deputy County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II, DEFINITIONS, AND AMENDING SECTION 10.01.01, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED GENERAL STANDARDS AND REQUIREMENTS, AMENDING THE DEFINITION OF PRINCIPAL USE OR STRUCTURE AND LIMITING THE SIZE OF ACCESSORY STRUCTURES AND TO PROVIDE FOR AGRICULTURE STRUCTURES AS PRINCIPAL STRUCTURES IN CONFORMING RANCHETTE AND AGRICULTURAL RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2008-45, changing Section 10.01.01of the Land Development Regulations, limiting the size of accessory structures, in relation to the size of the principal structure, and to allow agricultural structures in certain zoning districts, prior to a residence, as presented.

            REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1

            FOURTH OF JULY HOLIDAY

            Commr. Hill wished everyone a happy Fourth of July holiday and stated that she hoped to see them at the various parades that would be held around the County.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            OPERATION MEDICINE CABINET

            Commr. Stewart informed the Board that disposing of outdated or unused medication by pouring it down the drain, or throwing it into the toilet, allows it to go into the water supply; therefore, in helping to dispose of it properly, creating a safer environment for everybody, the Leesburg Police Department, the Home Instead Senior Care, and the Lake County Sheriff’s Department have partnered together for Operation Medicine Cabinet, which will allow people to drop off their expired and unused medications.  Two drop-off locations will be made available - the first on July 19th, from 10:00 a.m. to 2:00 p.m., at the Leesburg Community Building, on Dixie Avenue; and the second on July 21st, from 9:00 a.m. to 1:00 p.m., at Waterman Village, off Donnelly Street, in Mt. Dora.  These drop-off locations are going to be made available to the public several times a year.

            It was noted that goody bags will be given to the first 100 participants.

            REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

            PROPOSED APPROPRIATIONS FOR EMERGENCY OPERATIONS CENTER

            (EOC) AND LAW ENFORCEMENT TECHNOLOGY

            Commr. Cadwell stated that the Board had received a letter from the lobbyists in Washington, D.C. indicating that, on the House side, appropriations, in the amount of $1 million, has been earmarked for the County’s Emergency Operations Center (EOC) and $500,000 for Law Enforcement technology.  He noted that Representatives Corrine Brown, Virginia “Ginny” Brown-Waite, and Cliff Stearns have all signed off on it and, hopefully, it will now make it through the Senate.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board stating that the bus that runs to Deland from Paisley on Fridays is supposed to average 10 riders, to justify it continuing to run the route, and that he was glad to report that there were 18, 11, and 16 riders over the last three weeks, in fact, noted that they had to get a bigger bus, because the response has been so good.  He commended the drivers, Rick, Mark, Eric, and Denise, for being good drivers and going out of their way to help the patrons get on and off the bus and thanked Mr. Tommy Carpenter, Emergency Operations Manager, who used his own time on a Saturday morning to train residents in the area how to use a weather radio.

            Mr. Hunter stated that, with regard to the Niagara Bottling Company, mentioned earlier in the meeting by Commr. Renick, and the fact that they are supposed to be selling their water in Florida, due to the State of California being in a drought condition, he feels they will be shipping water from Florida to their headquarters in California.  Concerning an issue involving the use of golf carts in the Lady Lake area, which was presented to the Board earlier in the meeting, he noted that a gentleman from Lake Kathryn has a patent for a solar panel that is installed on the top of a golf cart and used to run it, eliminating the need for electricity or fuel, and that he felt it was something worth checking into.

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            Mr. Greg Eller, the gentleman who had given the Board a presentation regarding the proposed development of a golf cart community in the Lady Lake area, with access for the handicapped, readdressed the Board stating that he would like for his request to be placed on an upcoming Board Agenda, for action, within the next 30 days, if possible.

            The Chairman stated that he did not want to commit to 30 days, until he is able to meet with Mr. Jim Stivender, Jr., Public Works Director, and the County Manager, Ms. Cindy Hall, regarding the matter.  He noted that he felt they would need 60 days, but would check into it and let Mr. Eller know as soon as possible.

            REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1 (CONT’D.)

            HURRICANE WEATHER SUMMIT HELD AT CAGAN CROSSINGS COMMUNITY LIBRARY

            Commr. Hill stated that Lake County was the host county for the recent Hurricane Weather Summit that was held at Cagan Crossings Community Library, in the Four Corners area, and thanked all the departments that attended said Summit, noting that they did a nice job and that the Summit was very well attended.

            OTHER BUSINESS

            SENTIMENT OF THANKS

            Mr. Neil Kelly, Lake County Clerk of Courts, stated that he would like to thank the Board for the relationship that he and the Clerk’s Office has with the Board and its staff – that he appreciated it very much and that he was very excited about the upcoming term and the opportunity to continue to work with them.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:15 a.m.

 

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

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NEIL KELLY, CLERK