JANUARY 27, 2009

The Lake County Board of County Commissioners met in regular session on Tuesday, January 27, 2009, 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; Jimmy Conner; Elaine Renick; and Linda Stewart.  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Ellie McDonald, Deputy Clerk.


Commr. Jimmy Conner gave the Invocation and led the Pledge of Allegiance.


Mr. Sandy Minkoff, County Attorney, commented that at the last public meeting he requested the Board have a Closed Session on today’s date which was authorized by Florida Statute 286.011 to discuss pending litigation. He explained that the subject matter of the session would be negotiation or strategy sessions related to litigation.  He mentioned that they had a court reporter present who would record the entire session including the time of commencement and termination.  He anticipated that they would spend approximately thirty minutes in the Closed Session.  The Chairman stated they would now go into Closed Session.


The Chairman reconvened the Regular Meeting of January 27, 2009, at 9:35 a.m.


Commr. Hill requested that the replacement of a representative on the Impact Fee Committee be added to the Agenda under her business.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the addition of an Agenda item to discuss replacing a representative on the Impact Fee Committee.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the addition of an Agenda item to discuss the Stimulus Package for the purpose of adding schools.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the addition of an Agenda item to discuss a hiring freeze exempting Public Safety with the provision that they would allow the County Manager to bring hiring positions before the Commission for justification.


Commr. Stewart requested that Tab 3 be pulled for further discussion.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 6, pulling Tab 3 as follows:

Community Services

            Request for approval of a Letter of Agreement (LOA) to be entered between Florida Department of Education Farmworker Jobs and Education Program and Lake County Board of County Commissioners to establish a partnership to implement a Work Experience Program for eligible participants for a limited period of time and signature approval from chairman or designee to sign contract and any supporting documents to implement program.


            Request for approval of recommendation that the Board approve term and supply contract award to Scott's Professional Ground Maintenance to provide roadside mowing, trimming, and litter removal for Lake County roads and authorize the Procurement Services Director to execute the award section of the bidding document. The initial annual cost of the contract is $191,259.00.

            Public Works

            Request for approval and authorization to execute Resolution No. 2009-12 accepting Diane Drive (County Road No. 3259A) and Lisa Drive (County Road No. 3259B) into the County Road Maintenance System. Diane Drive (County Road No. 3259A) and Lisa Drive (County Road No. 3259B) are located within Section 15, Township 20, Range 26, in Venetian Village Subdivision. Commission District 3.

            Request for authorization to release a Performance and Payment bond in the amount of $1,146,136.23 posted for State Road 50 and CR 565-A Realignment. This project is located in Commission District 2.

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

            Commr. Stewart stated that Tab 3 concerned the award of a construction contract for renovations and additions to the Lake County Water Resource Lab and that she agreed with Commr. Conner that should not spend the money now if they did not have to.  However, she wanted the public to know that this money would come from the County’s one cent sales tax.  She explained that half of that sales tax goes to Public Works and half goes for infrastructure and that this project would come from the infrastructure portion of the sales tax, not from ad valorem taxes.

            Commr. Cadwell remarked that the importance of this expenditure was understandable to those who had seen the facility.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved Tab 3, to approve the execution of a construction contract award to Wagner 3 Ventures, Inc. to provide renovation and additions to the Lake County Water Resource Lab in the amount of $119,471.00, and for approval of the contingency cost of $11,947.00.


On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 7 and 8, as follows:

            Request for approval of Purchase Agreement with McClendon Street Property Management, Inc. for right-of-way needed for the CR 466, Segment B Road Widening Project and Chairman to execute necessary closing documents.  Commission District 5.

            Request for approval and execution of Partial Release of Lien regarding Code Enforcement Violations against Homesteaded Property Owned by Albert Kreibick Located at 32141 Wolf Branch Lane in Sorrento.  Commission District 4.




            Ms. Dottie Keedy, Director of Economic Growth and Redevelopment, stated that the request in Tab 9 was to present an award to a High Value Job Creation Program to Buildtelligence Web Solutions (Buildtelligence) which is a company located in Mount Dora with thirteen employees.  She explained that Buildtelligence was in the process of creating an additional 31 positions which were at least 115 percent of the average annual wage for Lake County and qualify for the High Value Job Creation Award.   She acknowledged the presence of Mr. Ken Noor, President and Chief Executive Officer of Buildtelligence Web Solutions, and Mayor Melissa DeMarco, City of Mount Dora, at this meeting.  She requested approval for this award in the amount of $62,000 for the creation of 31 additional jobs.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved Tab 9, awarding a High Value Job Creation Program in the amount of $62,000.00 to Buildtelligence Web Solutions for the creation of 31 qualifying positions and the execution of the High Value Job Creation Agreement between Buildtelligence Web Solutions and the Lake County Board of County Commissioners.


            Ms. Keedy stated that Tab 10 was an Incubator Agreement Contract between the City of Leesburg, the University of Central Florida (UCF), and the Lake County Board of County Commissioners which provides that the County pay UCF to staff the Leesburg Business and Technology Incubator.   She commented that the City of Leesburg obtained a grant two years ago to build out one of their existing facilities and create this Incubator which has space for eight companies, and because UCF has a nationally recognized Incubator Program they saw an opportunity for a partnership to create new companies and jobs for Lake County.  She stated that the Contract amount was $85,000 and was in her budget.  She acknowledged the presence of Mr. Ken Thomas, Economic and Housing Development Director for the City of Leesburg, noting that the City has approved the Contract.  She also stated that UCF has approved the Contract and acknowledged the presence of Dr. Tom O’Neal, Director of the UCF Incubator Program, who would like to address the Board regarding their program.

            Mr. O’Neal stated that he was looking forward to a partnership with Lake County and the Incubation Program and commented that this would be the opening of their sixth facility.  He explained that there was a forthcoming Economic Development Administration (EDA) Report which would verify that incubators were one of the most cost effective economic development tools available.  He commented that UCF has had more than 100 companies coming through their program and they have had 34 graduates, 32 of which remain in the community.  He reported that statistics confirm an average of 87 percent of incubator companies remain in business five years after graduating from the program.  He stated that their job was to train small companies and entrepreneurs, to accelerate their growth, and reduce their risk of failures.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the Incubator Agreement Contract between the City of Leesburg, the University of Central Florida (UCF), and the Lake County Board of County Commissioners.


            PUBLIC WORKS


            Mr. Jim Stivender, Public Works Director, stated that Tab 11 was a public hearing to accept and execute a maintenance map for a portion of South Grassy Lake Road, Commission District 2.  He mentioned that this was a section of a dead-end road across from Minneola’s City Hall, east of U.S. 27 and stated that this was for pavement only and would clear the title underneath the pavement.

            Mr. Minkoff stated that they notify all the residents of the public hearing to make sure they have an opportunity to attend the meeting to disagree with what the staff’s actions would be.

The Chairman opened the public hearing.

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

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Tab 11, to accept and execute a maintenance map for a portion of South Grassy Lake Road, Commission District 2.


            Mr. Sandy Minkoff, County Attorney, stated that Tab 12 would be Ordinance No. 2009-2.  He then placed the proposed Ordinance on the floor by title only, as follows:


            The Chairman opened the public hearing.

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

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2009-2 amending Section 12-37 of the Lake County Code, Entitled “Library Advisory Board.


            Mr. Jim Stivender, Public Works Director, requested a postponement on Tab 13, noting that it had been heard by the Board a couple of months ago.  He stated that Mr. Minkoff and Mr. David Hansen, Public Lands Program Manager, were working with the property owner over an access issue regarding the 800 acres the County owns and would like to postpone this matter for another thirty days.  He commented that they have a meeting to visit the site this week and a meeting next week to meet with the property owner to work out the arrangements and bring it back to the Board before the road vacation.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Renick, seconded by Commr.  Stewart and carried unanimously by a 5-0 vote, the Board approved the postponement of Vacation Petition No. 1133 until the February 24, 2009, Board Meeting.

            PUBLIC HEARINGS:


            Mr. Brian Sheahan, Director of Planning and Community Design, reported that they had changes to the Agenda and would like a correction made to Tab 1, which is PH #66-08-5, to note that it is in Commission District 1.  He stated that they received a request from the applicant for a continuance for Agenda Tabs 6 and 7, PH #62-08-5 and CUP #08/9/1-5, respectively.  The request was to continue those two items to February 24, 2009, to allow the applicant and an adjoining property owner to work out an agreement for some landscaping issues.  He explained that staff had no objection to the request to allow the property owners to work out their differences.


            The Chairman opened the public hearing regarding the Consent Agenda which were Tabs 1, 5, 6, 7, 10 and 11.

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

            On a motion by Commr. Hill, seconded by Commr. Renick, and carried unanimously by a 5-0 vote, the Board approved the Rezoning Consent Agenda with changes, and postponing Tabs 6 and 7 until February 24, 2009, as follows:

Tab 1 – Ordinance No. 2009-3

Haines Creek Garage/ Steve Donahue

Lake County

Rezoning Case No. PH #66-08-5

Request approval to amend the Planned Commercial (CP) Ordinance #36-89 to allow an office and accessory storage/utility buildings, including a caretaker’s residence on the property without a greenhouse.  Commission District 1.

Tab 5 – Ordinance No. 2009-4

BFG Lakeshore LTD/Jeffrey B. Fuqua, Manager

Rezoning Case No. PH #64-08-2

Request approval to amend Ordinance #2004-4 to establish setback conditions for detached single-family residential dwelling units only and correct scrivener’s errors in the legal description.

Tab 10 – Ordinance No. 2009-5

Staff Initiated Revocation

Russell R. Van Ness

Rezoning Case No. CUP #380-1

Request revocation of a CUP in A (Agriculture) due to the permitted use of the site for a travel trailer park but was never developed since its approval on September 19, 1972.  (20+/acres)

Tab 11 – Ordinance No. 2009-6

Tail End Farms, LLC

Paul and Marni Lewis

Rezoning Case No. CUP #08/11/3-5

Request to renew Conditional Use Permit (CUP#07/8/1-5), which is a CUP in the Agriculture Zoning District to allow for a pet resort & spa (kennel) and associated caretaker’s residence.  CUP#07/8/1-5 expired on September 24, 2008 due to no commencement of construction.


            Ms. Julianne Thomas, Senior Planner with Planning and T&D Design, presented Tab 2, which was Rezoning Case No. PH #44-08-4.  She stated that the Applicant wishes to rezone three parcels comprising approximately one-third of an acre from Agriculture to Planned Commercial.  She commented that the subject parcels are located on SR 44 near the intersection of CR 435 South and SR 46.  She explained that this application sought several revisions prior to the Zoning Board hearing and requested another revision at the Zoning Board hearing by deleting an additional parcel and making changes to the Ordinance related to traffic and road improvements as specified in the Minutes in the Zoning Board hearing.  As recommended by the Zoning Board Staff and the Applicant, they agreed to more general transportation language in the Ordinance and further, that decisions about access and possible road improvements would take place at the time of site plan approval not based on a conceptual plan as part of this rezoning.  She stated that because the request was being revised, the Zoning Board asked for a revised Conceptual Site Plan.  As outlined in the memo included in the Board packet, the revised Conceptual Site Plan submitted by the Applicant was different than what was described to the Zoning Board in that it proposed a different access point through a neighboring parcel.

            Commr. Cadwell questioned whether staff had an opinion on the additional access.

            Ms. Thomas responded that this would be best addressed by Public Works.

            The Chairman opened the public hearing.

            Ms. Leslie Campione, Attorney, representing the owner of the property, Ms. Catherine Hanson, addressed the Board stating that the change they made at the prior meeting was actually a reduction in the size of the parcel they were requesting to rezone.  She stated that initially they had brought in a much larger piece and there was a request by the Planning Staff and Public Works to use Paducah Street, a dirt road that was a platted right of way, to provide access.  She commented that when they requested rezoning and downsizing to include only the one-third acre change, they were proposing to use the access already there which was the parcel immediately on SR 46 adjacent to Ms. Hanson’s real estate office.  She explained that in reality all they did was request that rather than having a new access, a new cut, or a new road, they would make a joint access with the existing curb cut which was typically a preferred method by the Department of Transportation (DOT), and would actually get this access further away from CR 435.  She stated that she would let Public Works address the Board as far as their opinion, but that they approved of the joint access.  She commented that there was also a lot of discussion initially that the alleyway be kept open so that it could be used to provide a joint access for other lots instead of having curb cuts on SR 46 and because they were not doing anything back there any language regarding that alleyway needed to be stricken from the Ordinance and proposed that the language essentially read “Road access shall be provided as shown on the attached site plan.  Any changes to the access location shall be subject to approval by the Lake County Public Works Department during site plan review.”  She commented that she had spoken with Fred Schneider, Engineering Director, Public Works, about the language and that he would address same.  She explained that if later they wanted to change the access, or whether they were to use Paducah or do something different, then at that point Public Works could review it during site plan review.

            Commr. Stewart questioned whether the Zoning Board had seen this new site plan and if they were aware of the changes.

            Ms. Campione stated that when this was discussed, the Zoning Board was in agreement that this was subject to review by Public Works because of the language.  She explained that they talked to Public Works who said that they would prefer to have them come off of that existing access.  She commented that at that meeting they looked at the plan and explained that they were taking off one parcel and that they did not want to have to improve the entire road in order to come into the side, giving them knowledge that their intention was to try to come off SR 46.  Therefore, she opined that there was no change from what they are asking for today compared to what they discussed with the Planning and Zoning Board.

            Commr. Cadwell questioned whether the entrance shown now was closed in the original site.

            Ms. Campione responded that they had a couple of variations in the original plan because they wanted to have an option.  She stated that early on they had a site plan that showed the entrance coming off SR 46 and when they met with Planning and Zoning they showed two locations.  She commented that they had explained to them that they did not want to do this if they were able to come in the other way and Planning and Zoning said they would leave it up to Public Works.  Ms. Campione stated that at that time they went back to Public Works and asked if they were agreeable to have them simply present the site plan showing one location and they agreed that it would be much easier to administer if they just showed one location.

            Commr. Cadwell questioned whether the square footage they were adding triggered any improvements to the entrance.

            Mr. Schneider responded that he did not believe it would trigger turn lane requirements and would recommend approval to use that driveway according to their proposal on the site plan.  He commented that if the intensity becomes greater or they came back with much bigger buildings or more uses, or other things they wanted to add in, they would want to take another look at it.

            Commr. Cadwell expressed his concern about the language in the Ordinance stating that Paducah was not an entrance.

            Mr. Schneider commented that Paducah was a public right of way and because of the way it was designed it would not be used for access.  He explained that when those other properties develop behind and around it, they would like to have the opportunity to work with those future developments to create reverse access, or another way, instead of having multiple driveways along SR 46 in that area.   He stated that typically for new uses on state roads they also notify the State DOT to see if they have requirements, and if the DOT determined a need for a turn lane they would have to have one, but did not think that would be required.

            Commr. Conner inquired whether Zoning approved the proposal before the Board today.

            Mr. Brian Sheahan, Planning Director, stated that the Zoning Board did not see the site plan before the Board today for which the Applicant was seeking approval.

            Commr. Conner stated that he was not against the rezoning but wanted to be sure they were going through the proper process.  He opined that Zoning should have seen the site plan being presented today and wanted to know if there was an issue at this point.

            Mr. Sheahan stated that the Zoning Board made a recommendation based on the Applicant’s request without seeing the Conceptual Site Plan that would be the outcome of their request.  He stated that normally staff does recommend against the process of making last minute changes, such as a road, if they were substantial to the application.  He explained that based on the number of trips developed, it would not be a problem based on the proposed uses.

            Commr. Conner explained that in the future he would like to make sure that whatever Zoning was recommending to the Board was the same thing that was presented at the meeting.

            Commr. Stewart asked if there would be a different outcome if this new site plan was presented for approval before the Zoning Board.

            Mr. Sheahan responded that with Public Works and Mr. Schneider in support of the proposal it was his opinion that they would recommend approval.

            Commr. Renick wanted to know why it did not automatically go back to Zoning instead of coming before the Board when there were changes in the plan.

            Mr. Sheahan stated that it would be as a result of the Applicant’s petition and asked that Ms. Campione address that issue.  It was noted that Mr. Sheahan was not at the referenced meeting.

            Ms. Campione responded by stating that they were the ones pushing for it because they wanted to get it finished.  She explained that they were attempting to get it done and thought that  it was crystal clear that they were deferring to Public Works when she stood before the Zoning board and drew on that site plan and “x’d” off Paducah explaining that they did not want to be required to do this in the Ordinance, instead they wanted it to be subject to review by Public Works.  She stated that Public Works said they were fine with the entrance on SR 46 so they brought it back.  She stated that the Minutes of that meeting should reflect the plan she scratched up in front of the Planning and Zoning Board and that they were completely deferring to Public Works on it.

            Commr. Renick stated that the Minutes were in the packet and was not arguing that issue, but rather the whole process.  She commented that she understand that Public Works did not have a problem with it.

            Commr. Cadwell explained that it was not unusual to have something before the Board that was different than what had been presented to Planning and Zoning and that Zoning may want to change it themselves and make their own recommendations on those they were confident about.  He commented that he could not imagine that there would be development there anytime in the near future since Paducah was not paved.  He commented that with the amount of square footage being considered he was comfortable letting them use the existing driveway.

            The Chairman opened the public hearing.

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

            On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board  approved Ordinance No. 2009-7 to rezone 0.33 +/- acres of property from Agriculture (A) to Planned Commercial (CP) to accommodate future office professional development.



Commr. Cadwell wished to disclose that he had talked with the Applicant in this case several months ago.

Commr. Hill wished to disclose that she was not sure if she did or did not talk with the Applicant in this case.

Ms. Karen Block, Senior Planner, Planning and Community Design, presented Rezoning Case PH#51-08-2, Tab 3, stating that the owners are Clermont Falls Creek Development, Magnolia Property Associates, LLC, B&L Properties, LLC, and Magnolia Point Clermont I, LLC and the Applicant is Lake County.  She stated that the 22.5 acre subject property is at the southeast side of the intersection of SR 50 and Magnolia Point Boulevard and is zoned as a Planned Unit Development (PUD) per Ordinance No. 2006-8 and was used within the Urban Expansion Community Activity Center and Employment Center future land use categories.  She commented that the County was initiating the Amendment in order to revise the allowable uses and amend language pertaining to architectural requirements.  She reported that staff has reviewed the request and finds the request and amendments in compliance with the Land Development Regulations and Comprehensive Plan and therefore recommends approval of this application.

The Chairman opened the public hearing.

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

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved Ordinance No. 2009-8, rezoning Case No. PH #51-08-2, amending Ordinance # 2006-8 to revise the uses allowed within the PUD.

The Chairman announced that this concluded the Zoning Hearings.



Mr. Sandy Minkoff, County Attorney, referred to Tab 14 and gave a status report on right of way access for CR 466.  He commented that the Board was aware they had divided the project into two phases, an A Phase from the Lake-Sumter line to Rolling Acres Road; and a B Phase from Rolling Acres Road across SR 441 to Lemon Street.  He mentioned that they had obtained title to all right of way parcels on the A Phase and still had two or three parcels in litigation to determine the amount they have to pay.  He commented that originally they thought they had additional time to get the right of way on the B Phase parcel, but The Villages’ recent proposal stepped up the timeframes and for that reason they were moving quickly to acquire that right of way.  He reported that the agreement with The Villages would be presented to the Board for the first reading at their next meeting.  He explained that he, Mr. Fred Schneider and Mr. Tom McCann, Engineer, Public Works, have looked at this project and its design and with Mr. McCann’s direction, they saved the County a considerable amount of money.  He commented that originally the design showed stormwater being taken from CR 466 to a pond to the north which would take it straight up Dixie Avenue to the pond.  He mentioned that the Town is in the process of building a new library and the original engineering required completely tearing up Dixie and digging a hole approximately 15-20 feet deep which would be an expensive process.  He reported that Mr. McCann recognized that it would cost the County in excess of $500,000 up to $1 million just to get the stormwater from CR 466 to the pond and, therefore, they began looking at alternatives.  He explained that the Cangialosi parcel was a multi-tenant building and had housed several tenants.  He stated that when they had the appraisal done and what their taking was from the property, even without the stormwater pond, the appraisal for that taking was about $336,000 just to purchase that amount.  He explained that one of the reasons it was so high was because it took away the parking spots in front of the building on CR 466 and greatly affected the access and made them enter the property off Old Dixie Highway.  In addition to the $336,000 since there were tenants in the building who have been there longer than five years, the law requires business damages be paid to the tenants.  He explained that their estimate for taking this small piece would probably end up costing $700,000-$800,000 compared to the appraisal for the entire parcel of $1 million.  He stated that after Mr. McCann reviewed the difficulties of going the other way and the amount of money that would have to be paid for this property, they contemplated purchasing the entire property, moving the pond and eliminating all digging.  He explained that the proposal and plan had an end result of creating a new retention pond and continuing to use a small amount of the pond by the City Library.  He stated that the property owner had agreed to sell it for $1.195 million which was approximately 19 percent above the appraised amount of $1 million.  He commented that buying the entire parcel would save the County approximately $300,000-$400,000 dollars by eliminating construction costs and avoiding litigation and, therefore, considered this a good recommendation.

Mr. Schneider stated that they were working with the Town of Lady Lake to put the new town library stormwater in Pond 4 to avoid using the land on their property for that purpose.  He commented that they were working an agreement to come forward between the Town and the Board stating that the Town would maintain that both Pond 4 and Pond 5.

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved the Purchase Agreement with Daniel and Susan Cangialosi for  stormwater pond (Pond 5) needed for the CR 466-Segement B Road Widening Project and for the Chairman to execute the necessary closing documents.

Mr. Minkoff commented that within the last week they filed seven additional lawsuits on this project which, with the exception of one or two parcels, would be all of the right of way they needed.  He stated that they have committed to The Villages to acquire the right of way by May 10 and thought they would be able to meet that date.


            Commr. Hill stated that there was a request from the Impact Fee Committee requiring action by the Board.  She explained the Conservation Council makes recommendations for representatives to sit on the Impact Fee Committee.  She stated that the current appointee has been absent for three meetings, which is over a year since they meet quarterly.  She commented that they have been unsuccessful in their attempts to obtain a proper email address, regular mailing address, and phone contact for this individual.  She stated that if they remove this representative then she could request that the Conservation Council make a recommendation to the Impact Fee Committee to fulfill that board seat.  She asked the Board’s approval to remove the Conservation Council representative so it can go back to them for a reappointment recommendation.

            Commr. Cadwell noted that this item had already been placed on the Agenda.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the removal of the representative from the Conservation Council and the request for a reappointment recommendation for a new representative.



            Commr. Renick shared with the Board an email regarding the “round-a-bout” issue.  She stated that she referred back to the Minutes because she remembered that they had three choices if they decided to construct a round-a-bout.  She explained that the Minutes were approved but they only referred to a “proposed” round-a-bout and that they were discussing its merits, but that the decision was left for a discussion at a later time.  She commented that she thought that there was some confusion and would like to find out the status of the round-a-bout.

            Commr. Cadwell explained that he and Ms. Cindy Hall, County Manager, had a scheduled meeting on Monday and they would discuss it further at the Board meeting on Tuesday.


            PRIORITY LIST

            Commr. Conner stated that he took the Board’s suggestion in regard to School Board priorities and distributed a copy of an email dated January 26, 2009, from Ms. Susan Moxley, Lake County Superintendent of Schools following a School Board Meeting which indicated their priority list.  He reported that he had a conversation yesterday with Mr. Maurice Kurland, their lobbyist who indicated that it appeared traditional transportation, infrastructure rates, and highways would be number 1 on the priority list; and number 2 was school construction referring to crumbling schools as opposed to new schools.  He commented that Lake County School Board’s priorities would be:  1) Eustis Heights Elementary School; 2) Eustis Elementary School; 3) Clermont Elementary School and 4) Clermont Middle School.  I would move that we add these four schools to our stimulus package.        Commr. Conner made a motion to add the schools to the County’s priority list, which was seconded by Commr. Stewart.

            Under discussion, Ms. Cindy Hall, County Manager, stated that since they had prioritized their seven projects at the last Board meeting, she inquired as to the priority order the schools would have on their list.

            Commr. Cadwell stated that they would go at the bottom of the list in the order presented.         The Chairman called for a vote on the motion and second.  The vote was carried unanimously by a 5-0 vote whereby the Board approved the addition of Eustis Heights Elementary, Eustis Elementary, Clermont Elementary, and Clermont Middle Schools to their priority list for the stimulus package pending cost analysis and readiness.


            Commr. Conner stated that they were all aware that their revenues were declining and that $5.6 million of their fund balance was being used to balance the budget this year.  He explained that both the County Manager and the Budget Director have already cautioned them that they will be facing difficult financial times in the immediate future and for that reason he commented that if they were to start budget cuts now it would make their decisions less onerous in the future.  He commented that layoffs were occurring in other governments throughout Central Florida and that last week Channel 9 reported that Leesburg was considering layoffs in the Police Department.  He opined that it would be very prudent on their part to have a hiring freeze exempting Public Safety positions with a caveat that the County Manager, or the County Attorney, would have the right to come before the Board to justify any positions requested.

            Commr. Cadwell asked the County Manager if there were any positions now that needed to be filled or if there were any other departments where they may need to hire someone.

            Ms. Hall responded that there she needed to check a couple of areas before answering completely.  She stated, however, that they had approved the MV Transportation, Inc. (MV) contract to take over the maintenance of the MV buses and that would require three mechanic positions.  She commented further that with all the building going on, they needed to fill a critical position in Facilities due to an employee passing away; as well as another position for the Sales Tax Recovery Program.  She explained that she would want to go forward with the Facilities and Fleet positions but did not recall, offhand, if there were any others.

            Commr. Cadwell stated that the positions Ms. Hall mentioned would be a perfect example of an instance where she would need to come back to the Board because of a contract or other matter requiring new positions to be filled.

            Commr. Conner stated that in those instances he would suggest that Board involvement would be wise and perhaps request a cost analysis or some other form of justification for filling the position(s).

            Commr. Cadwell stated that the procedure was handled in that manner during the budget process and that the County Manager did not necessarily have free range to fill positions at will.

            Commr. Conner remarked that because revenues were down they need to be cautious and that they might save several hundreds of thousands of dollars without hurting anyone which would be a step in the right direction.

            Commr. Cadwell stated that this goes back to procedures under their form of government to what extent could that could be done.

            Mr. Minkoff stated that this procedure would affect him and the County Manager but they would follow that procedure if directed by the Board.

            Commr. Renick stated that for the benefit of the public they did, in fact, layoff a number of people previously.  With regard to the procedure for hiring, she remarked that when expenses were needed Ms. Hall would place that item on the Consent Agenda for the Board’s knowledge and edification and that perhaps filling positions could be handled in the same manner.  She stated for example, the MV Mechanics’ positions that were discussed could be placed on the Consent Agenda to give the Board background information and justification, and if the Board had an issue with that they could pull it from the Consent Agenda for discussion.

            On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved the implementation of a hiring freeze exempting Public Safety positions, but continuing to allow the County Manager to hire positions subject to Commission approval.

            ENERGY SAVINGS

            Commr. Conner reported that he had received two telephone calls on the same day requesting information about going green and saving energy.  He stated that he would provide the contact information to the County Manager to obtain more information.


            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:45 a.m.