JULY 15, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, July 15, 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: Jennifer Hill, Vice Chairman; Debbie Stivender; Elaine Renick; and Linda Stewart.  Commissioner Welton Cadwell 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 Ellie McDonald, Deputy Clerk.


Mr. Neil Kelly, Lake County Clerk of Court, gave the Invocation and led the Pledge of Allegiance.


Ms. Cindy Hall, County Manager, stated that she would like to postpone the following Tabs for discussion when the full Board was present:  Tab 22, Noise Ordinance; Tab 24, Presentation by City Manager of Clermont; and Tabs 30 and 31, which were appointments to committees.

Commr. Hill stated that Tab 35 would be moved ahead of the presentations.

Mr. Sandy Minkoff, County Attorney, stated that he would like to add an item to the Agenda under his business regarding the proposed Amendment to the Contract for purchase of the property on SR 50 in Clermont, and if the Board approves same it would include a budget transfer.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved the postponement of Tabs 22, 24, 30 and 31; moved Tab 35 ahead of Tab 21; and added to the County Attorney’s business, the proposed Amendment to the Contract for the purchase of property on SR 50 in Clermont, which would include a budget transfer.


            On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 4, 2008 (Special Meeting – Safety Summit), as presented and June 17, 2008 (Regular Meeting), as presented.


Commr. Renick commented that she realized they were acknowledging receipt of these items, but had some citizens who were concerned with whether Clerk’s Consent Agenda item 10, annexations from the City of Mascotte, were annexing into the Green Swamp.

Mr. Minkoff verified that Growth Management sent them weekly reports of all proposed annexations for review and stated that he would discuss those with her later.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 11, 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.

Annual Financial Audit Report for Estates at Cherry Lake Community Development District

            Request to acknowledge receipt of Annual Financial Audit Report for the Fiscal Year Ended September 30, 2007, for Estates at Cherry Lake Community Development District.

Proposed Annual Budget of Arlington Ridge Community Development District

            Request to acknowledge receipt of Arlington Ridge Community Development District Proposed Annual Budget – Fiscal Year 2009. The Public Hearing to adopt the proposed budget has been  scheduled for August 5, 2008.

Ordinance from City of Groveland

            Request to acknowledge receipt of City of Groveland Ordinance No. 2008-07-23 extending and increasing the corporate limits of the City of Groveland.

Proposed Budget for Founders Ridge Community Development District

            Request to acknowledge receipt of Founders Ridge Community Development District proposed budget for Fiscal Year 2009, in accordance with Section 190.008 (2) (b), Florida Statutes.

Notice of Commission Service Hearings to Aqua Utilities Florida, Inc.

            Request to acknowledge receipt from the Florida Public Service Commission: Notice of Commission Service Hearings to Aqua Utilities Florida, Inc., The Office of Public Counsel and all other interested persons, Docket No. 080121-WS.

            Application for Increase in Water and Wastewater Rates in Alachua, Brevard, Desoto, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc.

Registration of the Plaza Collina Community Development District

            Request to acknowledge receipt of a copy of letter from the Department of Community Affairs, dated June 17, 2008, acknowledging the registration of the Plaza Collina Community Development District and asking Mr. Michael Eckert, as registered agent, to verify and update the information on the Special District Fee Invoice and Update Form.

Notice of Application of Cedar Acres to Operate Existing Water System in Sumter County

            Request to acknowledge receipt of Notice of the application in Docket No. 080098-WU, of Cedar Acres, also known as Cedar Acres, Inc. pursuant to Section 367.045, Florida Statutes, to operate an existing water system providing service to the following described territory in Sumter County, Florida:

All of the North half of Section 1, lying SW of U.S. Highway 27-441, LESS the SW ¼ of the NW ¼ of the NW ¼, LESS the SW ¼ of the NE ¼ lying SW of U.S. Highway 27-441, and LESS that part of the NE ¼ of the NE ¼ of the NW ¼ lying SW of said U.S. Highway 27-441, in Township 18 South, Range 23 East, Sumter County.

Together with the NE ¼ of Section 2, Township 18 South, Range 23 East, LESS the NW ¼ of the NE ¼, Sumter County.

Notice before the Florida Public Service Commission – Re: Order Suspending Tariffs

            Request to acknowledge receipt of Notice before the Florida Public Service Commission – Re: Order Suspending Tariffs, Order No. PSC-08-0385-PCO-EQ, issued June 10, 2008, for the following:

            Docket No. 080184-EQ - Petition for approval of standard offer contract for small qualifying facilities and producers of renewable energy, by Tampa Electric Company.

            Docket No. 080187-EQ - Petition for approval of amended standard offer contract and COG-2 rate schedule, by Progress Energy, Florida.

            Docket No. 080193-EQ - Petition for approval of renewal energy tariff and standard offer contract, by Florida Power & Light Company.

            Docket No. 080194 – Petition for approval of new standard offer for purchase of firm capacity and energy from renewable energy, facilities or small qualifying facilities and approval of tariff schedule REF-1, by Gulf Power Company.

Ordinances from the City of Mascotte

             Request to acknowledge receipt of Copies of the following Ordinances from the City of Mascotte:

            Ordinance No. 2008-05-462 annexing property generally located off Honeycutt Road (from Highway 50 West, to North Tuscanooga Road to Honeycutt Road) 51.76 acres more or less, said Ordinance No. 2008-05-463 annexing property generally located off Highway 50 and off Tuscanooga Road (from Highway 50 West, to North Tuscanooga Road) 2134.2 acres more or less, said property being contiguous to the City of Mascotte.

            Annexation Notices from the Town of Lady Lake

            Request to acknowledge receipt of Notices from the Town of Lady Lake for public hearings to be held on July 10,  2008 at 6:00 p.m.; August 4, 2008 at 5:30 p.m.; August 4, 2008 at 6:00 p.m.; and at the Town Commission Meeting pending DCA review process, in the Town Hall Commission Chambers, 409 Fennell Boulevard, Lady Lake, regarding Annexation Ordinances 2008-14 and 2008-17;  Large Scale Comprehensive Plan  Amendments 2008-15 and 2008-18; and Rezoning Ordinances 2008-16 and 2008-19.


On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 18, as follows:


Request for approval of the following Budget Change Requests:

Budget Transfer – General Fund, Department of Public Works, Public Lands Section. Transfer $2,500,000 from Land (Project 10001) to Aids to Government Agencies.  County Finance requested that this transfer be processed.  A purchase order was prepared and a check was issued to the City of Clermont for the Phase II payment for the Inland Grove Corporation property.  This money has been budgeted in the Land (Project 10001) account and was issued from that account.  The payment should have been from the Aids to Government Agencies' account, as this is a grant to the city and not a payment for land that the County will own.  This transfer, and a County Finance journal entry, will correctly document the transaction.

Budget transfer - Public Transportation Fund, Department of Community Services, Public Transportation Division. Transfer $32,146 from Contractual Services to Machinery and Equipment.  On February 26, 2008, Resolution 2008-26 was approved to purchase several items, including scheduling software and other costs.  The RFP for the scheduling software is $32,146 over the amount budgeted from the Resolution.  This transfer is needed to purchase the scheduling software.  The funds are available from the Resolution in the Contractual Services account line.

Community Services

Request for approval of the CTD/ACHA Medicaid Non-Emergency Transportation Agreement Amendment No. 7 from July 1, 2008 through August 31, 2008.

Conservation and Compliance

Request for approval for Lake County to continue assisting with the administration of the grant they have received to operate a Mobile Irrigation Lab Program.

Economic Growth and Redevelopment

Request for approval to advertise the Ordinance amending Section 9.03.06, Lake County Code, Appendix E, Land Development Regulations, entitled Parking Requirements, changing the wholesale and warehousing requirements from lot area to gross leasable area.

Growth Management

            Request for approval to advertise Ordinance creating article VIII, Chapter 6, Lake County Code, entitled Green Building Standards.

            Request for approval to advertise Ordinance Section 6-7 of the Lake County Code, entitled Emergency Suspension.


            Request for approval to execute the Settlement and Release Agreement with MV Contract Transportation, Inc.

Public Works

            Request for authorization to release a maintenance bond in the amount of $99,697.00 posted for Timberlane Phase I.  Timberlane Phase I consist of 64 lots and is located in Section 6, Township 23 South, and Range 26 East. Commission District 2.

            Request for approval and execution of Resolution No. 2008-94 authorizing the reduction of the speed limit on Pine Island Dr (6043A) from Harbor Shores Rd to Cypress Ct. from 30 MPH to 25 MPH in the Eustis Area, Commission District 5.

            Request for authorization to award Lakeshore Drive Intersection with Oswalt Road Project No. 2008-06 Bid No. 08-0019, to State Asphalt Corporation, in the amount of $539,760.75, and encumber and expend funds in the amount of $539,760.75 from Road Impact Fees Benefit District 5 Fund. Commission District 2.

            Request for approval and execution of Resolution No. 2008-95 to advertise Public Hearing for Vacation Petition No. 1112-John W. Bustle & Nancy Bustle, to vacate a portion of a right of way know as Frances Street, in the Plat of Astor, in the Astor area. Commission District 5.

            Request for approval and execution of Resolution No. 2008-96 to advertise Public Hearing for Vacation Petition No. 1136-Jim Stivender, Public Works - Stormwater Section, to vacate two (2) drainage easements, in the Plat of Cashwell Minnehaha Shores on Lake Minnehaha, located in Section 35, Township 22 S, Range 25 E, and Section 2, Township 23 S, Range 25 E, in conjunction with the Elbert Street Stormwater Project, in the Clermont area. Commission District 2.

            Request for approval of LAP Agreement and supporting Resolution No. 2008-97 between Lake County and the Florida Department of Transportation (FDOT) for the South Lake Trail-Section 1 (Clermont to Groveland Park). FPN # 422570-1-38-01 Commissioner District #2.

            Request for authorization to accept the final plat for Langley Industrial Park, and all areas dedicated to the public as shown on the Langley Industrial Park plat, accept a maintenance bond in the amount of $54,102.00, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Richard H. Langley, and to execute Resolution No. 2008-98 accepting the following roads into the County Road Maintenance System: Republic Drive “Part” (Co. Road No. 2223), and Democracy Street (Co. Road No. 2223A). Langley Industrial Park consists of 5 lots and is located in Section 30, Township 21 South, Range 25 East. Commission District 3.

            Request for authorization to accept the final plat for Arbor Ridge, and all areas dedicated to the public as shown on the Arbor Ridge plat, accept a maintenance bond in the amount of $25,324.00, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Kentucky Bluff, Inc., and to execute Resolution No. 2008-99 accepting the following road into the County Road Maintenance System: Sonoma Ridge Lane (Co. Road No. 2339). Arbor Ridge consists of 11 lots and is located in Section 25, Township 21 South, Range 25 East. Commission District 3.

            Request for authorization to accept the final plat for Christopher C. Ford Central Park Phase III, and all areas dedicated to the public as shown on the Christopher C. Ford Central Park Phase III plat, accept a maintenance bond in the amount of $87,200.79, execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Lakeview Industrial Properties, Inc., and to execute Resolution No. 2008-100 accepting the following road into the County Road Maintenance System: Republic Drive “Part” (Co. Road No. 2223). Christopher C. Ford Central Park Phase III consists of lots and is located in Section 29, Township 21 South, Range 25 East. Commission.


On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 4-0, the Board approved Tabs 19 and 20 of the County Attorney’s Consent Agenda, which tabs approved settlements with Bret and Angela Smith, and Dalton and Esther Long, and authorized payment to Robert Q. Williams, Esq. for legal services.


Commr. Hill stated that Tab 35 was a presentation of Resolution No. 2008-101 by Commr. Stivender and turned the time over to her.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-101 designating Dr. Diane Kamp as the Official Lake County Historian.

Commr. Stivender invited Dr. Kamp and Mr. Bob Grenier, President of the Lake County Historical Society, to come forward for the presentation.  Commr. Stivender stated that this idea came from Mr. Bob Cook who was unable to attend the meeting today.  She asked those in the audience from the Lake County Historical Society to stand and be recognized, noting that this was a small group of people who kept the history of this county going by taking care of the museum, and keeping up with ongoing events.  Commr. Stivender acknowledged that it was a worthwhile project and was the only way Lake County could preserve its history and keep it up-to-date.  She then read the Resolution designating Dr. Diane Kamp as the Official Lake County Historian.

Mr. Grenier addressed the Board stating that this was a great honor and that the Lake County Historical Society joined the County Commissioners and the citizens of Lake County in honoring Dr. Kamp.  He commented that several years ago after battling an illness, Dr. Kamp came back with resolve, strength, and dedication to preserve and educate the citizens of Lake County with its history which was inspiring to everyone.  He expressed his desire for her to continue to be a part of the Historical Society for many years to come and stated that their working relationship had turned into a great friendship and was honored to be associated with her.


Commr. Hill acknowledged Ms. Sanna Henderson, Leesburg City Commissioner, who was in the audience.


Ms. Helena Osborne-Ponsi, Volunteer Coordinator, Community Services, addressed the Board stating that she was privileged to bring before the Board two extraordinary men.  She explained that the President’s Volunteer Service Award was created to recognize Americans who had made and sustained a commitment to volunteer service.  She stated that the President of the United States and the Chairman of the Lake County Board of County Commissioners signed-off on the letters of appreciation and these two men were now listed in Washington, D. C. for their lifetime of service to the citizens of the United States and would receive a gold “Call to Service” pin, the highest volunteer award received in the United States.

Ms. Osborne-Ponsi invited Mr. Donald Roy to join her so that Commr. Hill, as Vice-Chairman, could present him with his plaque, letters from the President of the United States, President’s Council, as well as from the Chairman of the Board of County Commissioners.  She then read comments from the Lake County Extension office regarding his invaluable service to the staff at the Agriculture Center.  The comments included the fact that Mr. Roy began as a volunteer in 2003 and had committed himself to be available four mornings a week, but within a short time he asked if he could come for the entire week and continued volunteering daily since that time.  She stated that in the past four and one-half years Mr. Roy had contributed more than 4,000 hours of service to the Extension Office, and based on the independent sector’s value of volunteer hours of $19.51 per hour, his volunteer hours equal $79,883.69.  As a Lake County volunteer Mr. Roy, at his own expense, had driven approximately 30 miles per week or a total of 6,142 miles to perform services for the citizens of Lake County.  She asked Ms. Deborah Boulware, County Extension Service Director to join them and pin him with the Call to Service Award.  She stated that Mr. Roy’s children could not attend the meeting today but had asked her to read to him a letter from them expressing their pride in his dedication and commitment to the service provided to the Agriculture Center.

Ms. Osborne-Ponsi invited Mr. John Swaim to join her at the podium.  She reported that Mr. Swaim had served with distinction as an advocate for volunteering in Lake County, earning the respect of Directors, Coordinators, and the citizenry of Lake County.  She commented that he had substantially exceeded expectations in the areas of quality and quantity of work, initiative, work ethics, perseverance, relationships with others of all ages, and demeanor.  His accuracy, thoroughness, self-reliance, creativity, judgment and dependability were key factors in successful leadership and completion of full project life cycles.  She commented that on numerous occasions Mr. Swaim’s traits of tact, courtesy, self-control, patience and discretion in dealing with public officials, volunteer organizations, their employees and the public were exceptional.  She explained that given his abilities to rise to challenges, achieve beyond expectations and effectively overcome adversities arising in the day-to-day orchestration of projects and service to others, Mr. Swaim successfully volunteered at the Lisbon Church of God, AARP, Treadway Elementary, Tavares Middle School, Florida Hospital Waterman, and the Lake County Board of County Commissioners Records Management, Transportation, Children’s Services, VolunteerLAKE, and Probation.   She stated that it was with great pleasure that they congratulate Mr. Swaim as a man of outstanding and flawless quality of character and present him with a Life-Time Award for 8,775.5 hours of service to the citizens of Lake County.  She asked Mr. Swaim’s granddaughter, Elizabeth to pin him with the Call to Service Award.  She acknowledged her appreciation for his service.

Commr. Stivender commented that beyond this organization Mr. Swaim was always at the high school with his granddaughter making sure everything was okay with the band boosters.


Mr. Anthony Ehrlick, Chairman of the Corridor Management Entity (CME) of the Florida Black Bear Scenic Byway, addressed the Board and recognized his wife, Mrs. Elizabeth Ehrlich, and Mr. Monso Tatum, Vice Chairman of the CME, who were seated in the audience.  He reported that the Florida Black Bear Scenic Byway was approximately 116 miles long and was the second longest of nineteen scenic byways in Florida.  He explained that in Lake County the Byway runs along SR 40 from SR 19 to the St. John’s River and along SR 19 north of Altoona to SR 40 and includes CR 445, the Alexander Springs Loop.  He commented that it was designated a State Scenic Byway by the Florida Department of Transportation on April 9, 2008, which was the culmination of over three years of work by people from Federal, State, County and local governments, as well as interested and enthusiastic citizens.  He mentioned that their goals were to protect the animals that live along and across the Byway, to preserve the echo systems through which it passes, and to enhance the experience of people traveling the Byway by informational kiosks, interpretive areas and other amenities.  He reported that since being designated a State Scenic Byway they had an additional goal of being designated as a Federal Scenic Byway.  He remarked that to accomplish this goal they were looking for public and private lands for the facilities, as well as funding, and people willing to assist.  He distributed several brochures to the Board and commented that the designated work was long and arduous, and could not have been accomplished without the help, cooperation and support of the Board.  He noted that the County Commission was a signatory to the CME Management Plan, and that Commr. Stewart was the County Liaison to the CME and a member of the Membership and Interpretive Center.  He reported that Mr. Mike Woods, of the Lake-Sumter Metropolitan Planning Organization (LSMPO) was Parliamentarian of their Executive Committee and a member of the Grants Committee.  He remarked that recently the Board accepted inputs for a Black Bear Scenic Roadway overlay into the 2008 update of the County’s Comprehensive Plan.  To recognize their contributions, he presented the Board with a Certificate of Appreciation which he read.

Commr. Stewart thanked Mr. Ehrlich for coming today and for the Certificate.  She commented that this group was one of the most committed groups she had ever had the privilege to work with.  She stated that they had contributed countless hours of their time and energy to make SR 40 and the State of Florida a better place, and expressed appreciation for their hard work.


Commr. Hill stated that the Trails Master Plan, Tab 25, would be presented to direct staff to forward the Plan to the Lake-Sumter Metropolitan Planning Organization (LSMPO).  She mentioned that although it was not customary during a presentation, she would take public comments since there were several people in the audience who wished to address the Board.  She explained that the Plan would go to the LSMPO and be brought back to the Board for public hearing once it was adopted.

Mr. Jim Stivender, Public Works Director, stated that several years ago they put together a program for Parks and Trails after the Parks Plan was adopted and presented what they had done since 1991 in developing parks and trails in Lake County.  He commented that they and the Board had been very involved in the trail process and helped fund one of their early trail projects now existing east towards the mall.  He commented that the Department of Transportation (DOT) built this trail, but that the County spent approximately $471,000 in developing it.  He commented that it was critical for this department to prioritize the trails based on their location and priority in the County and State system, as well as the cities and other counties, and how they could make these links work with incredibly limited funds.  He explained that in 2007 they went forward with an RFP for design services to produce a system showing which trails had highest priority and why.  He reported that the bid was awarded to Inwood Consulting Engineers (Inwood).  He explained that Mr. David Graber, a consultant with Inwood, would present the Trails Master Plan.

Mr. Graber thanked the Board for the opportunity to present the Trails Master Plan and explained that the purpose of the Plan was to enhance the existing Lake County Parks and Trails Master Plan by clearly identifying the trails so that the Development Review Process could protect their right of ways. He stated that they also prioritized the trails to coordinate the scarce funding and provide a realistic vision for not only the design of trails or their placement, but also federal, state and county funding, and what could be done realistically in the next twenty years to construct trails in Lake County.  He explained that the benefits of trails were widely understood as economic, however, they provide a quality of life amenity for neighborhoods and communities; exercise; time with family; safe bicycling for children going to and from school; environmental stewardship connecting people to destinations by providing an alternative form of transportation; and were also greenways for animals in moving across large corridors. He explained that the process for developing a Trails Master Plan was to evaluate the existing trails, determine the needs within the County, prioritize the potential trails, and then develop design standards and an implementation plan.  He reported that in determining the need for trails they reviewed the State Comprehensive Outdoor Resources Plan (SCORP) which suggests a level of service of one trail for every 5,000 people and based on the recently approved population numbers for 2030 this equates to approximately 69 miles of paved multi-use trails.  He mentioned that they went through a large data collection effort reviewing existing trails and trail plans from local governments, looked for ways to utilize publicly owned property to help provide right of way for construction of trails, and looked for partnerships including roadway projects and developers to try to minimize the cost for the County in constructing the trails.  He stated that they invited agencies such as the LSMPO and BPAC, as well as local stakeholder groups, and the public to an initial kickoff meeting.  He explained that they examined what the trails would connect, not only in Lake County but also surrounding counties, with a goal of prioritizing by focusing on the anticipated use of the trail.  They looked at strategic partnerships for funding as Lake County cannot build the trail system by itself.  As a result of these efforts, they identified 322 miles of potential multi-use trails of which 197 were regional.  He also commented that they looked at 125 miles of minor trails which do not connect regionally outside the County, but rather create loops within the County.  He stated that the East/West, North/South Trail in Lake County provides a core element of a larger statewide system.

Mr. Graber remarked that the top five ranked trails in Lake County were Sugarloaf Mountain; South Lake; Lake-Wekiva; Tav-Lee, and Tav-Dora Trail.  He explained that trails were funded opportunistically such as attaching a low ranking trail to a roadway widening associated with an FDOT project.  Based on their criteria, he stated that the number one ranked trail was Sugarloaf Mountain which was primarily developer driven and was originally in their five-year goal, but due to the downturn in housing, it was put into the ten-year plan.  He stated that it did not have a local sponsor which would be required to move it into a PD&E study.  The Phase III design of the South Lake Trail would be funded through the DOT and the Local Agency Program (LAP) Agreement would implement that money and become a part of the five-year funding goal.  The Lake-Wekiva Trail has been a topic recently because it relies heavily on the implementation of the Wekiva Parkway since the existing right of way would not accommodate a trail.  He mentioned that Mt. Dora had submitted an application for a PD&E study for the first half from Mt. Dora to the East Lake Park site, which would also be a school site.  He commented that they had many conversations with the resource managers and thought there were other ideas for alternatives that could be used to connect from East Lake Park to Seminole County.  He reported that a large section of the Tav-Lee Trail had already been constructed and was developer driven within the City of Leesburg and was in the area of the college where the Lake Harris redevelopment was scheduled to occur.  He stated that when that section was constructed they would reserve the right of way for a trail, explaining that there was a PD&E study conducted in 2006 for the trail all the way to Leesburg.  The Tav-Dora Trail was the number five trail and was included in the old 441 roadway studies as a high priority for the Mt. Dora Trails Master Plan and that one of the key issues was what to do with the railroad as it could be built with or without the railroad.  He noted that a PD&E study would work through alternatives and evaluate them.

Mr. Graber reported that they had developed design concepts and guidelines for the trails with a signing palette that would uniformly provide wayfinding throughout the County, and proto-typical trailheads.  He stated that they had developed design standards that could be incorporated into the County design guidelines including typical cross-sections for the trail that were done at an engineering level for incorporation into construction plans, standard details about how the intersections would occur, and intersection signing.  He explained that the implementation of the trails system relied on a wide variety of local, county, state and federal funding sources.  He stated that they had identified over 70 funding sources including the Florida Greenways and Trails Program, Florida Communities Trust Grants, and Transportation Enhancement Program and also mentioned strategic partners such as developers and roadway projects.  He stated that in the five year funding goal there were currently 30 miles of existing multi-use trails.  In the ten year funding goal they would add another 21 miles of trails and that would be evenly spent between developments and stand-alone trails.  The twenty year funding goal adds another 40 miles of trails for a total of approximately 102 miles.  He stated that based on funding goals, the County would meet the SCORP level of service at about year ten.  He commented that the twenty year goal includes 164 miles of trails studied.  He explained that the next steps would be to take public input today, present the Plan to the MPO and at the end of the process they would distribute the final update by way of electronic copies with the GIS files to state and local agencies, cities, towns and stakeholder groups as well as those departments within Lake County who needed a copy.  He closed by stating that the future success of trails in Lake County would depend on communication between County departments, state and federal agencies that have jurisdiction over elements of the trail, and within the Development Review Process.  He further stated that local advocacy groups were extremely important because they watch for funding and partnering opportunities, and watch for trail interests within cities and towns.  He recommended that an evaluation be done for potential sources of dedicated funding within Lake County for constructing and maintaining the trails.

Commr. Stewart commented that at the Wekiva Coalition meeting last week they discussed elevating a large part of the road to protect the wildlife corridor in the Wekiva and there was some concern that the path along the elevated section could deter the wildlife from using it.  For that reason, she stated there was consideration of an alternative route through the Rock Springs area which would be more enjoyable because it would go through a natural area rather than along a parkway.  She stated that there were some existing roads that could be considered for this purpose.

Mr. Graber stated that he appreciated the comment and agreed that they had several conversations regarding the impact of the trail adjacent to a wildlife structure.  He explained that they have had conversations with Rock Springs Run and expressed their concern.  He stated that he had a conversation with Mr. Keith Schue and agreed that they needed to look at all alternatives which would occur during the PD&E study.

Commr. Renick expressed her concern as stated in her July 14, 2008, memorandum regarding the South Lake Trail to Ms. Hall, Mr. Minkoff and Mr. Stivender.  She stated that they had been very fortunate to get the design money from DOT, but was concerned because acquiring the right of way had been a real problem and a slow process.  She commented that they were hoping to get the money they needed for construction from DOT, but they needed to proceed with the right of way first and not put that in jeopardy.

Mr. Graber stated that with regard to the South Lake Trail, Ms. Michelle Wilkinson, Property Management Agent, County Attorney’s Office, had been working on the right of way issues, and since it was an abandoned railroad corridor, those parcels could go in many different directions.  He stated that they recommended rail banking for the Lake Wekiva section for that reason.  He commented that as far as the prioritization of how that fits into how things get funded, the intention of the priorities was not to say certain trails get funded, it was to use a subjective criteria to say if unlimited funding were available and unlimited right of way were available, these would be the trails that have the best trail value and would function the best.  He remarked that what gets built would be what comes along when it comes along, but if there were funds available that could only be used on a scenic byway, then a trailhead could be purchased or carry out something on that scenic byway because that money is dedicated towards scenic byways and not towards trails.  He stated that in this manner a trail system gets grant money from some federal source and could be applied to the number 12 ranked trail which was the nature of how trails get funded since funding was so scare.

The Chairman opened the floor to the public for comments about the presentation.

Mr. Egor Emery of Eustis expressed his appreciation for the opportunity to speak today as a stakeholder on multiple levels.  He stated that he had worked for several years in a bicycle shop and explained that trails were very important to that business.  He commented that Lake County had suffered for a long time without that resource and believed it had affected his business.  He thought that trails were important to the County as an economic engine and believed that they need to take care of the transportation issue which was a very important component, commenting that trails are more recreational, but they can also be used for transportation.  He asked the Board to advocate trails for transportation by protecting the paved shoulders and to make sure paved shoulders were added when building a new road.  He explained that there should be a safe way to ride from Eustis to Mt. Dora.  He commented that as a parent he would like his children to be able to ride to school on a safe route and suggested that this could be accomplished by building a small section of the trail first for school routes.  With regard to tourism, he stated that he would soon be traveling to California for a specific purpose, but carved out some time to bicycle in a beautiful area there provided for that purpose.  For that reason, he stated that he had extended his stay to look for trail resources, or riding opportunities in the area which would cause him to spend more time and money than he would have otherwise.  He remarked that people want to come to the real Florida, not just the plastic parks, and be able to bicycle here, and if the County had that resource it could promote more money coming into Lake County and suggested taking advantage of that opportunity.  He concluded by asking that the right of ways be protected everywhere possible.

Mr. Hamid Mazuji of Tavares stated that while riding a bike down Lakeshore Drive at a speed of 20 mph, the speed differential between you and the traffic is about 10 mph which was not that bad.  He stated, however, you cannot walk from Tavares to Mt. Dora or from Tavares to Eustis so it would be good to have a trail.  He mentioned that there were no trees on the trail going to Leesburg which could be a detriment to someone’s health by possibly causing a heat stroke.  He stated that he did not see the value of a trail without trees and would like to see the trails reforested.

Mr. Keith Schue, a Nature Conservancy advocate, and member of the LPA (Local Planning Agency) applauded Lake County for its efforts in trying to get a robust trail system that all residents and visitors of Lake County could enjoy.  He stated that they had a brief discussion of the Lake Wekiva Trail at the Wekiva Commission meeting on Friday.  He mentioned that the design suggested going east to the Wekiva River and passing through an ensemble of public lands including Rock Springs Run and Seminole State Forest.  He stated that this area was critical and the design of Wekiva Parkway had been focused on how to protect the ecological connectivity and that it would be important to be consistent if a trail system were placed there.  He commented that when they discussed ideas for the trail, they thought perhaps there could be something better than what had been proposed.  He stated that their tentative suggestion was a trail that essentially followed CR 46 running along Wekiva Parkway.  He commented that from a recreational standpoint riding a bicycle along the highway with noisy traffic would not be the most pleasant experience.  Additionally, he stated it would not necessarily be best from an environmental standpoint because there was another paved surface next to a wildlife crossing structure often used by wildlife despite the noise and traffic above them.  He noted that in other places it had been discovered that if there were easy human access to wildlife crossing structures, there may be undesirable human behavior associated with the bridge underneath.  He remarked that at the Nature Conservancy meeting several weeks ago involving Seminole State Forest staff, including Mr. Mike Martin, who was also present at this meeting, and Rock Springs Run trail users, they discussed other ideas that might be considered in this area by using some of the rural roads and stabilize surfaces.  He mentioned that there was a railroad grate through that area which could potentially be used to allow people to more closely experience the natural amenities of the Wekiva Park system while getting from point A to point B.  He mentioned that at the present time the idea does not have a shining endorsement from anyone, but was something that approached the subject and thought it was a good beginning.  He asked for the Board’s support in having that discussion as they move forward.  He presented his letter to the Board dated July 15, 2008, on behalf of The Nature Conservancy regarding Lake County Trails Master Plan, Lake-Wekiva Trail.

Mr. Mike Martin, Florida Division of Forestry, commended the Board on the County’s trail concept noting that he actually lives in Seminole County and is very familiar with its trail system.  He explained that the challenge in Lake County was conservation land which is something Seminole County does not have.  He commented that trying to get citizens to enjoy the natural lands without excessive damage to the environment was a balancing act.  He mentioned that the Seminole State Forest Trail goes through some very sensitive areas similar to that of the Wekiva Trail.

Mr. Roy Hunter, representing the North East Lake Chamber of Commerce, emphasized the need for shoulders along roads from CR 439 when traveling on CR 42 to Paisley.  He stated that there were shoulders on CR 439 and CR 42 east of Paisley to the river, but there were so many curves on CR 42 that if someone drives around a curve and sees 4-5 bicyclists there would be no where to go.  He noted that during the Mt. Dora Bike Fest in October there were many bicyclists using CR 439 and CR 42 to go to Clearwater Lake and stated that if there were shoulders, or a place to ride, it would be safer for all concerned.

Mr. Ralph Bowers, City Manager of Fruitland Park, stated he was here today representing the Mayor who is an avid advocate of the trail system, but was unable to attend the meeting.  He spoke regarding communication, relationships, effective government and how these affect their trail. He stated that effective government was generally built on relationships formed between individuals and organizations by effective communication.  He stated that unfortunately there was a problem in communication.  He referred to a letter dated May 30, 2008, stating that Lake County was withdrawing from the Gardenia Trail Project going through the City of Fruitland Park.  He reported that this letter was copied to three members of the FDOT, and two employees of Public Works, but unfortunately the cities affected by the Gardenia Trail were not copied.  He remarked that this was a sincere lack of communication.  He commented that it also indicated that Fruitland Park would be going it alone which was directly contrary to what the consultant said about the scarcity of funding, the difficulty of doing this, and the need to cooperate.  He stated that everyone needs to be on the same page because this was the official communication until the Board changes it, noting that at the present time their relationship with the County has been severed relative to trails.  He commented that his commission was (1) non-plused assuming the definition of non-plused was confused to a point of total disarray; and (2) chagrined saying that they are aggravated to the point of outright anger that people would not inform them if they decided not to go forward with the trail.  He explained that this was not the way it was normally done in polite government.  In short, he stated that the Mayor had asked him to address the Board in his absence and to advise them that they were not happy with the way things have gone.

Commrs. Stivender and Hill commented that they were confused and asked the location of the Gardenia Trail and if the name of the trail had been changed.

Mr. Bowers stated that the Gardenia Trail goes through Leesburg, Fruitland Park and Lady Lake and continues to carry that name.

Mr. Stivender interjected by stating that he had written the letter to DOT based on budget cuts and apologized for not including the cities.  He explained that the DOT initially did the project and asked them to be the local representatives on it which meant they had to upfront the money.  He stated that they did not have the money to upfront in this budget year, therefore, they deferred back to DOT and told them they could be a participant agent with the other three cities along with the County, but that they could not front the project and take the leading role.  He explained that it was really a budget decision, more than communication.  He commented that it was not a lack of support of the trail; they were very much in support of the trail, but rather a case of reality of the funding that they expected.  He went on to say that they did not front the money on the South Lake Trail last year, but waited until July of this year to put the RFP on the street when the DOT money had funding in place.  He stated that the biggest challenge with LAP projects such as this was putting hundreds of thousands of dollars upfront and getting reimbursed in two or three years.  He mentioned that since they were unable to do that, they deferred this project.  He commented that he should have contacted each city and informed them of the situation.

Commr. Renick asked Mr. Stivender to explain by way of analogy how the County was not abandoning the trail, and to explain where that trail fell on the priority list.

Mr. Stivender explained that there were a lot of trails with higher priority that already had an RFP, already designed, and already had right of way.  He stated that this trail was actually one that was a prelude to the six lane project of the Hwy. 27/441 corridor.  He explained that the original request was to have a trail along the US Hwy. 27/441 corridor and the cities and the County requested a trail study for an alternative trail through the towns of Lady Lake, Leesburg, and Fruitland Park.  He stated that was how the funding showed up on this about 5 years ago.

Commr. Stewart apologized and stated that cooperation and communication between the cities and the County was very important.

Mr. Mike Burske, Parks and Recreation Director of the Town of Lady Lake, and also a member of the LSMPO and BPAC reiterated Mr. Bowers comments regarding Lake County dropping out of the project and asked that the County continue being a partner because the only way they would be successful was to have the LSMPO, FDOT and the County together.  He  stated that the trail continues into Lady Lake and that the PD&E study should be completed in October, they have started acquiring right of way, and were ready to adopt it into their Comprehensive Plan.  He mentioned that Fruitland Park had quite a bit of land ready for it so they were in a very good position to start this trail, but that they definitely need the County’s support.

Commr. Stivender stated that she knew it would get done, but that it was handled inappropriately at the time.  She defended the staff by stating that the Board had been making some great demands on them and it was not that they were at all opposed to working with the cities, it was just something that slipped through the cracks and was not intentional.

Mr. T. J. Fish, LSMPO, stated that he worked with the Board and all the cities and wanted to add that the Gardenia Trail was an unusual project.  He explained that normally you have to front money to get reimbursed by DOT and, in the absence of a true local sponsor; DOT stated that they would directly pay for the Gardenia Trail study.  He commented that the study was moving along and was dependant on right of way.  He explained that Leesburg and Fruitland Park were managing some of that and Lady Lake’s intention was to seek an opportunity to get the trail extended north into Lady Lake when improvements were made to Rolling Acres Road, and Lake Ella Road.  He remarked that the presentation was excellent and was thrilled that the Master Plan was completed.  He explained that the Plan would now go before the Technical Advisory committee (TAC), the Citizen Advisory Committee of the MPO, the Bicycle Pedestrian Advisory Committee (BPAC) and then the governing board of the MPO would take action to accept the Master Plan.  Once that had been done, it would be presented once more to the County Commission for adoption.

Mr. Fish commented that in terms of priority of what actually gets funded, South Lake Trail, without debate, was number one because it had been studied, designed, and right of way was being acquired.  He explained that it was very important to get construction funded which would only occur if the right of way was secured and certified by DOT.  He stated that they also have momentum with the Gardenia Trail and would like to get the study and design as soon as possible.  He commented that the Wekiva Trail would be next.

On a motion by Commr. Stivender, seconded by Commr. Renick and unanimously carried by a 4-0 vote, the Board accepted the Master Trail Plan as presented.

Commr. Stivender commended the staff of both the MPO and Lake County who had worked so diligently.

Mr. Stivender stated that the staff of Parks and Trails, and Engineering had done a great job getting different people to the table and commented that the idea was to take miles of requests and consolidate them into a priority system because of the scarcity of reality in funds.




Mr. Doug Krueger, Budget Director, addressed the Board with respect to Tab 26, Fire Rescue Assessment, and acknowledged the performance of Ms. Carole Boyle, Senior Assessment Specialist, who did an excellent job administrating the Fire Rescue Program and prepared the majority of the information in the agenda item.  He stated that they were requesting approval of Resolution No. 2008-102 to begin the process for the adoption of the Fire Rescue Assessment Rate which sets the maximum rate that could be imposed this fiscal year, authorizes the publication for the advertisement, provides direction to notice all affected parties of the proposed rates, and directs the imposition of Fire Rescue Assessment fees for the Fiscal Year beginning October 1, 2008.  He stated that the recommended rate for Fiscal Year 2008/2009 at the present time was $175 which was a reduction of about $22 from the current rate of $197 and also provided for a residential rate of $76.23 in The Villages enclave.  He commented that the other rates associated with Fire Assessment for the RV Parks, hotels, motels, commercial, and industrial warehouses were all set in relation to the residential rate and were based on a study prepared by Government Services Group who reviewed incident data for 2006 and prepared the report that was presented to the Board in March 2008.  He reported that the Fire Assessment rate would generate approximately $17.1 million.  He mentioned that the reason for the rate reduction was that part of the Fire Rescue budget must now be funded through a property tax rate, which was the portion related to Emergency Medical Services.  He stated that the recommended budget will show a millage rate of .3222 mills associated with Emergency Medical Services, so this $175 reduces it down from $197 and only deals with the Fire Rescue portion.  He reported that the total operating budget recommended for next year for Fire Rescue was $21.9 million, which included six positions for a Harbor Hills Fire Station, eliminated two office assistant positions, and included the replacement of an engine pumper.

Commr. Stewart requested that Mr. Krueger explain to the public the millage with Emergency Services and that the County had no choice, it had to be done.

Mr. Krueger stated that there was a lawsuit in the City of North Lauderdale where the Supreme Court’s decision determined that Emergency Medical Services did not provide a direct benefit to the homeowner; therefore, it could not be funded through assessments but rather through other sources.  He explained that the only other source available in the County was the ad valorem property tax and in order to avoid future litigation they were recommending that this be done in Lake County.  He mentioned further that the millage rate was being offset by lowering the millage rate countywide to an equivalent amount so the millage rate itself would have no impact on the homeowner.

Commr. Hill stated that in order to create the MSTU (Municipal Service Taxing Unit) for Medical Services, Mr. Krueger’s estimation was that they would need a .3222 millage rate.

Mr. Kruger interjected that it would be approximately $3.8 million before applying the discounts and that would also be offset by a $3.8 million reduction in the countywide tax rates, both in the general fund and the public lands debt service.

Commr. Hill asked if that would be sufficient to create the MSTU if they came back during the budget hearing and decided to reduce that .3222.

Ms. Cindy Hall, County Manager, asked that Mr. Gary Kaiser, Director of Public Safety/Fire Chief, respond to that particular question.  She stated that the budget they were proposing today was pretty bare bones for the entire Rescue Services and that although there were some additional positions included, almost all replacement capital had been eliminated, and there was no room to reduce either one of those without adjusting the other and still continue the same level of service.

Commr. Hill questioned whether they could run the Fire Department even though the medical would be taken out and paid for from the MSTU.

Mr. Kaiser responded that the County Manager’s comments were right on target.  He stated that they have all but eliminated the capital replacement program for apparatus, but it would provide six people for the Harbor Hills Fire Station which was built 16 years ago and was not being manned.  He commented that they have a high incident rate in that area as well as an excessive response time.  He also commented that they had funds to do Paisley.

Commr. Hill stated that she was for reducing taxes and assessments, but did not want to reduce it by $22 because that was the money used to build the fire stations the citizens had requested.

Commr. Renick explained that it was not really a reduction, but rather a separation of funds.  She stated that they separated Emergency Medical Services into another fund.

Ms. Hall stated that they hoped they had explained this clearly in the budget which was being distributed today.  She remarked that if they created the new millage to pay for Emergency Medical Services in the unincorporated area and commented that there were really two offsets to increase in the Fire MSTU millage - one of them was the $22, but in addition to that, there were some millage reductions in other funds and that was at the direction of the Board in order to ensure that any millage was also offset.

Commr. Hill stated that she wanted to make sure they understood because once it was set after going through the budget process it could not be raised.

Mr. Kaiser commented that the $175 would not provide for future construction at this point and time, and that if they wanted to provide that flexibility or advance some of those fire stations it would take a rate higher than $175.  He also made the Board aware that this puts a halt to the catch-up program they had been on the last four years and they would not be making up anymore other than the Harbor Hills area.  He stated that the plan they had to provide services and expand for those areas stops.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-102 which initiates the annual process for preparation of the Fire Rescue Assessment Roll, authorizes the publication of the advertisement for the public hearing, provides direction to notice all affected parties of the proposed rates, and directs the imposition of Fire Rescue Assessment fees for the Fiscal Year beginning October 1, 2008.



            Ms. Allison Thall, Citizen's Support Services Director, and Mr. Howard Wiener, Chief Financial Officer for LifeStream Behavioral Center, Inc., were present at the meeting to share with the Board an opportunity they had with LifeStream to access Federal Medicaid dollars that could be drawn down on behalf of Lake County residents for behavioral health services.

            Mr. Weiner addressed the Board stating that the Florida Legislature had a program where they could leverage the local match they were already being provided and then reimburse fifty-six cents for every dollar of federal money which would allow the expansion of intervention services to the citizens of Lake County.  He stated that they would still receive State funds, but this would be additional resources coming into the County over and above what they had been receiving.  He explained that these programs were already in place.

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved authorization to execute the following:  (1) Florida Medicaid Provider Enrollment Application; (2) Certified Medicaid Match Agreement between the Agency for Health Care Administration (ACHA) and the County for the reimbursement of specified substance abuse treatment services for Medicaid recipients; and (3) Florida Medicaid Provider Billing Agent Agreement with LifeStream Behavioral Center.



            Commr. Hill welcomed Ms. Nicki Mahoney, a resident member of the Public Housing Agency (PHA) Governing Board, who was required to join the County Commission Board as a voting member for action on this item.

Ms. Stacey Kleinfeld, Section 8 Housing Manager, presented an overview of the Plan required annually by the Department of Housing and Urban Development (HUD). She commented that because they were a mid-sized housing agency, the Plan was very simple and explained that while reviewing the Plan the Board would find areas they could ignore since they are a Section 8 only Housing Authority.  She remarked that next year they would be presenting an in-depth Five Year Annual Plan regarding what they propose to do with their program in the future.

            The Chairman opened the public hearing.

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

On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board approved the Lake County Public Housing Agency (PHA) Annual Plan for Fiscal Year 2008 and authorized the Chairman to sign and certify appropriate documents for submission.




Mr. Jim Stivender, Public Works Director, stated that this was the first Special Assessment Program they had done in several years.  He commented that it was a very popular program in the 1980’s but had dwindled since then due to the fact that some of the old subdivisions that predated subdivision regulations either were in areas that were not cost feasible to build roads, or they basically run the cycle where they existed or did not qualify. He commented that the special assessment under discussion today was for Project No. 101 for Lisa and Diane Drive and that they were proposing to award it to Boykin Construction, Inc., in the amount of $282,000. He noted that the funds would come from the Transportation Trust Fund and Special Assessments.  He explained that the support for this project was based on the original estimate of $31.28 per foot, but when they bid the job two years later the cost of construction had gone up to $52.25 per foot for property owners.  He commented that the property owner would pay two-thirds and the County would pay one-third as an incentive to move forward with the project.  He mentioned that there was interest in participation from the property owners before they ever put out the bid.  He stated that the people closest to the road probably had the least interest in doing projects.  He noted that they had received letters of opposition based on the sheer price.

            Commr. Stivender commented that this is the first special assessment since the two new commissioners came onboard and she recalled that in the past if the project had been worked on for a number of years and the price ended up being too high, the County would come back and take on more than the property owners because of the time frame.  She asked if he had looked at that to see if there was any way they could assist them in reducing the $52.

            Mr. Stivender commented that because the railroad did not participate and to be able to get from this point to the intersection was included in there, they did take that factor out and $52.25 could be reduced to $40.87 which would be an $8 increase rather than a $20 increase from the original price.  He mentioned that when this was sent out the option of putting this on the tax rolls was sent out in the original wording, and it was now actually proposed as being set on the tax rolls so instead of a separate billing system, they would be part of the tax rolls.

            Mr. Minkoff stated that it would not change the payment schedule or when the payments were required to be made.

            The Chairman opened the public hearing.

            Mr. Ken Miller addressed the Board stating that he lives on Lisa Drive and had a question about the cost per foot, commenting that each owner would pay that cost.  He stated that when the petition was circulated the cost was much lower.  He explained that at that time people were wondering what the County’s share would be and were thinking its share would be a little more and with the economy as it is today, cost is a big factor.  He questioned what the time frame would be and if there were other bidders, who were they.  He suggested that they might need a meeting with the owners, the County, and possibly the contractor to review this project so everyone would know what to expect.  He was concerned about how trees and shrubberies would be moved out of the way, and about a settling problem in the houses due to poor development of the land.  He explained that there was also a concern with what having heavy equipment brought in would do to the already fragile houses.  He also wanted to know if the intersection at Lois, Diane, and CR 448 was included as it was a dangerous intersection.  He mentioned that they had been told now that once it was done it would be brought up to standards and the County would maintain it.  He stated he would like to know if the engineers’ report showed any signs of sinkholes in the roadway.

            Mr. Stivender stated that he could answer all the questions.  He stated that Lois was a County maintained road and they had to essentially rebuild it by removing all material that was there, put a fabric down, and stabilize all the mud that was dug from the canals in the 1960s.  He stated that this road was exactly the same thing, it had huge craters in it and other things that were unstable and that would all be rectified.  He commented that the contractor was responsible for properly constructing the road and not interfering with the houses at any time during construction.  He explained that they had done Lois so they actually had a good history of exactly what needed to be done because Lois had held up very well and it gets more traffic than Lisa.  He mentioned that they actually used Lois as a test case for other places in Lake County and were aware of a lot of design standards for that reason.  He stated that with regard to the cost of other bidders they always have a preconstruction meeting with several meetings held on site when the project was kicked-off with the contractor, and County inspectors obtain the property owner’s plan notification setting forth when they were going to get into every section so that if there was vegetation or shrubbery in the way they would work with it.  He commented that most of the time the contractors relocate the shrubbery at the direction of property owners, and they stub off the irrigation system or depending on what it was, they would relocate it.  He explained that a lot of these things were not detailed enough when they start construction so they fix them as they go and that the contractor was well aware of those items.  He commented that some of the competitive bids prices were more than what they expected because of the intricate work that was necessary.  He stated that was due to the number of driveways involved and of the detailed drainage which was very flat, in fact, it was at the water table, so there were a lot of challenges to this job.  He noted that the contractor and the County staff were aware of those challenges and would work through every problem that arises.

            Mr. Miller stated that with today’s prices some people were thinking that with the economy the way it was, they needed to get the best prices.  He commented that some people were worried about their taxes saying they had paid the same taxes the last 30-35 years and they were unable to understand why they should have to pay for the road and wanted to know if the  people on Lois had to pay to have it brought up to County standards.

            Mr. Stivender commented that for the last 30 years Lois was a County maintained road, and was in the County maintenance system.  Therefore, it was not a special assessment.  He stated that he could not recall if there was another one in that area.  He explained that if it was in the County maintenance system prior to 1982 and prior to the subdivision regulations in the ‘70s being adopted, there was no charge associated with it.  He went on to say that if a road was brought into the County maintenance system and the standard was to have it paved, there would be an assessment.  He mentioned that the idea was that it was a collector road, a major road, so the County would participate and support the project by 50%; however, if it was a local road like Lisa, it would be one-third by the County who would manage the job and take the overhead off the burden of the property owner.

            Commr. Stivender asked if a meeting at the Community Center could be arranged to explain this to everyone since most of them were new and were not there when this started.  She commented that they did not want to lose that price in the process because it was the least expensive.  She mentioned that the ad valorem taxes do not go to road repairs, and that was another issue they had been trying to address.

            Mr. Stivender remarked that in this market right now they were in good shape.

            Mr. Miller stated that there had been a cap put on 60% of the road at someone else’s expense, and he thought they may get by with less by having it done privately, suggesting that perhaps they would not need to go into the County maintenance system.

            Mr. Michael Luckhurst stated that he has resided on the far end of Lisa Drive for approximately nine years and that they had watched the road get worse, and had gotten some money together and tried to make repairs with very little participation.  He explained that the people who live on one end of the road were not as concerned as people that live on the far end of the road.  He stated that when his granddaughter had a seizure she could have lost her life because EMS had a difficult time reaching her quickly due to the poor condition of the road, and the EMT’s told them they probably would not be able to come down that road again, so this was a very important reason to him that the road be repaired.  He commented that the only paving that had been done was over the first half of the road simply due to new construction.  He mentioned that because the road was in such need of repair people have not been able to sell their homes.  He stated that although his lot was over 200’ and his assessment was a little higher than everyone else he was willing to pay the assessed fee, but wanted it done as cheaply as possible; and would like to see it strung out over a period of time so that if he decided to sell his home and somebody took it over they could then pick up the price of the road as he thought that was fair.  He stated that his street no longer looks anything like it did when he moved in and it was causing a lack of pride in the neighborhood.  He commented that yards were not being mowed and people were renting their homes because it was no longer a nice place to live.  He reiterated that he would like to see the road built.

            Mr. Robert Weaver from Orlando stated that he owned property on Lisa Drive for about 3 years and the road had been taken care of near his property because of the new houses that were built.  He stated that they owned 1.5 lots and their assessment was higher than others and wanted to go on record that he opposed the assessment because of the costs, and the fact that he believed the County should repair the road.

            Commr. Stivender asked Mr. Weaver if he would agree to the assessment if they reduced it back down to $40 per foot instead of $52.

            Mr. Weaver commented that he still thought it was the County’s responsibility and they should do the work.

            Ms. Susan Snell who lives on Lisa Drive stated that she started working on this about two years ago with a neighbor and they had the latest update of those interested in making the project work.  She stated that she had been living there for about four years and wanted to comment that the road had deteriorated.  She stated it was a one lane road and many children walk and play on that road every day.  She explained that she understood that there was no other place for them to play, but when a car comes down the road there was no place for the children to go.  She stated that if the road were to be two-laned, as proposed, it would allow for vehicles and the children.  She noted that there was a man-made canal in front of her driveway which ran totally across the street and was wider than the proposed road.  She stated that people cannot drive through the huge pothole and because of that they were driving on her driveway into her yard, washing out the yard, damaging her driveway, and destroying their irrigation system.  She went on to say that the money they had spent repairing the road temporarily was a lot more than they would spend to have it fixed correctly, so if the expenses for patching the road, the labor, and the time, were added together they would have already spent as much, or more, than it would cost to have it fixed correctly.

            Mr. Stivender stated that with regard to the timeline, normally once they award a job like this the contract would start sometime in September and that the contract was for 150 days which was long, but he thought it would be complete in half that time.  He stated that their goal, and that of the contractor, was to have it completed by Christmas.  He mentioned that they would coordinate the relocation of all utilities; although they did not have control above or below the ground and that he could not speak for the power company.

            A motion was made by Commr. Stivender, and seconded by Commr. Renick to approve Special Assessment Project No. 101 with the reduction from $52.25 to $40.87.

            Under discussion Commr. Hill mentioned that it might be a good idea to have a meeting before September.

            Mr. Stivender commented that they have a pre-construction meeting with the contractor and stated that they would have a meeting prior to that with the property owners in the evening at the 448 Community Building and will give everyone a timeframe so all the details could be worked out.

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

            The Chairman called for a vote on the motion, which carried unanimously by a 4-0 vote whereby the Board approved Special Assessment Project No. 101 for Lisa Drive and Diane Drive, awarded the construction of the project to Boykin Construction, Inc., in the amount of $282,757.50, encumber and expend funds in the amount of $282,757.50 from the Transportation Trust Fund, execute the assessment roll for Special Assessment Project 101, and approve Resolution No. 2008-103.



            SCHOOL BOARD

            Mr. Sandy Minkoff, County Attorney, stated that this project also involved Public Works Parks Department, and was the East Lake Park / Sorrento Park Agreement stating that they had been provided with a memorandum regarding the highpoints.  He explained that essentially this was an Agreement with the School Board for a term of approximately fifty years and called for the development of an elementary school on the park site.  He explained that the school itself would be located and designed jointly by the School Board and the County.  He commented that Public Works had already met with the School Board’s consultant who would lay out the entire park, including the school, with regard to where it would be and access and parking.  He explained that the contract called for the facility to be built as a joint facility so that when the School Board was not using the site, the Parks Department would be able to use it.  He stated that it called for splitting utility costs if the County uses the building for such things as a summer program.  He stated that the contract requires the final Agreement to come back to the Board once they have the design and the costs.  He explained that rather than purchase the property from the County, the School Board would give the County $1 million which was the appraised value of the property when the County purchased it, and that money would be used for additional improvements to the park.  He mentioned that in addition to those improvements, the School Board would build fields that would normally be at an elementary school and those would become part of the park property itself.  He stated that they had somewhat copied the Agreement used with the college in terms of the dispute resolution by providing for an escalating dispute resolution process between the Parks Manager and the Principal on up through the County Manager and Superintendent, and ultimately to the School Board and County Commission if that was a problem.  He commented that they had started the work and were going forward with this project.

            Mr. Stivender spoke on the School Board’s behalf stating that their staff did an excellent job setting it up with a meeting and Mr. Gary Parker was hands-on on how the two would interact because Mr. Minkoff mentioned some things about the critical need to have classroom availability or afternoon availability tied to the sites and how two could operate simultaneously and one could operate independently.  He stated that he thought Mr. Bobby Bonilla, Parks Director, and his staff were going to be involved with the process and noted they were meeting weekly.  He commented that the kick-off meeting went very well and thought there was some clear direction by both groups to the architect so they understand what they are responsible for.  He mentioned that they already have a preliminary concept plan laid out for the signal light intersection along Wolf Branch and CR 437 and that there will be an acquisition for right of way needs.  He commented that the road program presented in August would reflect that intersection improvement noting it was close to the school trips threshold for warranting a signal.  He stated that to go further about the site preparation, they want to turn dirt starting next year and that  the citrus crop should be picked prior to that time.

            Mr. Minkoff stated that conceptionally the kind of things they discussed were developing the school with the cafeteria immediately adjacent to the park so that it could be a public meeting place for the community and could be partitioned off from the rest of the school if the school was closed.  He commented that the classroom wing could be made available separately in the summer or in the evening when school was out and could be used by the County.  He noted that there would be a lot of intricacies in design that, hopefully, the two staffs could work out and make it a joint project.  He stated that in the Agreement they had contemplated that the design would have to comply with the law which required them to have only one entrance into a school.  He commented that the site would need some fencing, but if it were designed properly it could be opened and closed in such a way as to have parts of the campus become part of the park at certain times and not at others.

            Mr. Stivender stated that Mr. Bonilla had mentioned that the master grading plan would be up front so in the future all they would have to do was make improvements and would eliminate the need to re-engineer the site as a whole.

            Mr. Minkoff stated that the $1 million for improvements to the park site would actually be park facilities that the public can use.  He stated that an elementary school was required to have a certain amount of fields and playground space, and that would be built in addition to the $1 million spent on improvements to the park.

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Interlocal Agreement between Lake County and Lake County School Board regarding the joint use of East Lake Park and Elementary School “J”.


Mr. Minkoff mentioned that at the previous Board meeting they amended the Agreement to purchase approximately five acres of property on SR 50 in Clermont, formerly called the Clermont Dodge Dealership, to provide that their deposit would become a hard deposit or it would be lost if they elected not to go forward and close.  Since that time, he, Commr. Cadwell and Ms. Hall met with the owners and their attorney, and prepared a second Amendment reducing the purchase price of the facility from $5.8 million to $5.5 million; specified the particular pieces of personal property that they thought were included; and called for a closing within the next two weeks.  He requested approval to sign the second Amendment which would bind them to purchase the property by August 1, 2008, giving them ownership at that time, and they could begin any development needed.  He commented if the Board approved the Amendment the County Manager would like to discuss a budget amendment to pay for the facility.

Ms. Hall stated that they had already paid $100,000 as a down payment for the property for which they had no budget line and requested moving the entire $5.5 million out of reserves into an appropriate line in order to pay cash for the facility.

It was determined that discussions with the Sheriff and Fire Chief would be held in the future once the property was purchased.

On a motion by Commr. Renick, seconded by Commr. Stewart, and carried by a 3-0 vote, the Board approved the execution of a Second Amendment to purchase 5 acres of property on SR 50 called the Clermont Dodge Dealership which would bind the County to purchase the property by August 1, 2008. The Amendment reduced the purchase price of the facility from $5.8 million to $5.5 million and specified the particular pieces of personal property that were included.  A budget amendment to transfer the entire $5.5 million out of reserves into an appropriate line in order to pay cash for the facility was also approved.

Commr. Stivender opposed the motion.



Ms. Cindy Hall, County Manager, reported that they had a number of discussions with the City of Tavares over the past few months to encourage mobile food vending businesses downtown and the City had passed an Ordinance to that affect.  She commented that in her discussions with the City Manager of Tavares, he requested they identify some mobile food vendor sites on the County campus.  She remarked that they identified four good sites for vendors.  She mentioned that when they prepared the list, the vendor currently in front of the Administration Building was not there and that site was not included because of the bus stop.  She stated they have, however, revisited that site with Mr. Stivender and Mr. Ken Harley, Public Transportation Division Director, and neither of them thought it was a problem and it could be included in the site list if the Board so desired.  She requested Board approval to forward the submitted list of sites to the City of Tavares and identify them appropriate for food vendors.

A motion was made by Commr. Stivender and seconded by Commr. Renick for the Board to approve submitting the list of four sites within the downtown campus to the City of Tavares in order to identify them as appropriate for mobile food vending businesses, including the current vendor location in front of the Administration Building.

Commr. Hill stated that she knew they had gone through an extensive process to produce design standards for the downtown area and was concerned about those standards having to do with the vendors.  She questioned whether there was a long-term vision as to mobile vending downtown and if they would be located in a different area.

Mr. Jacques Skutt from the Community Development Department for the City of Tavares, addressed the Board stating that the Ordinance which passed was very general and he found there seemed to be some interest concerning entrepreneurs of this type entering town which would require revisiting it to review specific locations.  He commented that they would work with the County to consider aesthetic guidelines.  He stated that they had discussed those issues and could not say that they had a long-range plan for mobile vendors, but were certainly trying to make them aesthetically pleasing.

Commr. Hill stated that she wanted to know if there was a conflict between the mobile vendors and existing businesses who were trying to redevelop and re-invent the downtown area to promote new business opportunities in the area.

Mr. Skutt stated that the issue of conflict was discussed at their council meeting and that the nature of the mobile food vendors did not directly conflict with restaurants.  He stated that at the public meeting the present restaurant owners saw the vendors as a different type of business and seemed to have no objections.

The Chairman asked for a vote on the motion which carried unanimously by a 4-0 vote.


Ms. Hall mentioned to the members of the Board that the Budget Books had been completed and distributed to their offices.  She commented that the books were extraordinarily informative and commended the Budget Staff for their efforts.


Ms. Hall noted that the Budget Workshops were calendared for July 29 – July 31, in the Training Room for discussion and would include presentations.


            Ms. Hall stated that she had sent an email to the Board advising them that she would be glad to arrange a public meeting for anyone who might be interested.



            Commr. Renick stated that Tab 34 was a Resolution regarding homelessness in Lake County.  She commented that no one was happy to hear that the homeless problem had increased, but were always happy to hear of individuals who stepped forward to do something about the problem.  She read a portion of the Resolution which explained that there was a not-for-profit corporation by the name of “New Beginnings of Lake County” (New Beginnings) which was engaged in providing food, shelter, clothing and counseling to homeless men in Lake County.  She explained that any movement such as this must have an engine behind it and that gentleman was Mr. Steve Smith from Clermont.  She stated that she wanted let people know about New Beginnings and recognize Mr. Smith for his efforts.  She commented that the brochures Mr. Smith gave them indicated all the supporters of the corporation.  She mentioned that Ms. Leslie Longacre of South Lake Hospital had commended Mr. Smith for his efforts in the Clermont community.  She acknowledged her appreciation for Mr. Smith’s endeavors and asked if he would like to come forward to address the Board, and public, to make them aware of New Beginnings.

            Mr. Smith presented a brief overview of New Beginnings stating that it was a non-profit 501(c)(3) corporation founded in May 2007, when twelve community leaders in South Lake County saw that there were a number of foreclosures taking place and wondered where these people were going to live.  He commented that he had been in the mortgage business for many years and knew that foreclosures were destroying many families and relationships.  He approached the other eleven community leaders and suggested something be done to assist these people with their problems and they then formed the corporation.  He stated that the mission of the corporation was to provide food, shelter, clothing and professional counseling to homeless men ready to secure employment.  He commented that since the formation of New Beginnings they had helped their residents deal with severe depression resulting from divorce or financial ruin; helped them secure employment and pay taxes, thus removing them from welfare; and assisted those with addictions in making positive changes in their lives.  He reported that they had now created a home in Clermont which housed several men and that their plan for the future was to go forward with a village to assist homeless men, women and children.  He commented that they had received a federal grant, as well as grants from the South Lake Community Foundation and the Mid Florida Homeless Coalition.  He added that they had many local supporters such as South Lake Hospital, United Way, and The Chamber of Commerce of South Lake County to name a few.  He mentioned that this was a long term project and that they would help those who were willing to help themselves.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-104 regarding homelessness in Lake County and commended New Beginnings of Lake County, Inc., for its efforts in working with homeless men to reduce or eliminate homelessness in Lake County.

            REPORTS – CADWELL


            Commr. Hill referred to Tab 36 which was a Proclamation commemorating Ms. Anita Doebler’s 100th Birthday on July 25, 2008.

            On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously by a 4-0 vote, the Board approved Proclamation No. 2008-105 commemorating Ms. Anita Doebler’s 100th Birthday on July 25, 2008.


            Mr. Roy Hunter, representing the North East Lake Chamber of Commerce addressed the Board and displayed a flyer on the monitor requesting that used cell phones be turned over to the Chamber where they would have them refurbished.  He commented that if anyone was in need of a cell phone or had one they would like to donate they could contact him at the phone number on the flyer.  He stated that anyone who had already received a phone from them should call 9-1-1 and saying “test only” to be sure the phone works.  He explained that he had asked permission to have the phones tested in this manner and to relay this information from 9-1-1 and Mr. Bruce Thorburn, Communications Systems Director.

            Mr. Hunter remarked that he received a phone call last month from the State of Florida Department of Children and Families (DCF) in Jacksonville asking for help in providing disposable cameras for 200 children coming to Camp La-No-Che July 27-30.  He stated that these children have all been in foster homes and have not seen their brothers and sisters for six months.  He explained that after making some contacts, Ms. Jane Skipworth, Manager of CVS Pharmacy in Eustis at SR 19/441, had agreed to donate 200 disposable cameras to the children and that she, Ms. Kathy Suber, Volunteer Specialist from DCF, and Mr. and Mrs. Roy Hunter would be at Camp La-No-Che to present the cameras to the children to commemorate their visit there.  He then displayed a Certificate prepared by the North East Lake Chamber of Commerce honoring CVS Pharmacy for their generous donation of the cameras to the Florida State Foster Children’s Services at Camp La-No-Che.


            Mr. Hamid Mazuji addressed the Board stating that he regularly makes use of the computers at the County libraries and felt that the Tavares library should be upgraded with respect to computer access by adding ten workstations and increasing the access time to three one-hour increments.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:36 a.m.



                                                                                                                                                            WELTON G. CADWELL, CHAIRMAN