The Lake County Board of County Commissioners met in regular session on Tuesday, January 8, 2002, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Robert A. Pool, Chairman; Welton G. Cadwell, Vice Chairman; Debbie Stivender; and Catherine C. Hanson. Commr. Jennifer Hill was on vacation and not present at this meeting. Others present were: Sanford A."Sandy" Minkoff, County Attorney; Bill Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy, County Finance; and Sandra Carter, Deputy Clerk.

The Chairman opened the meeting.

INVOCATION AND PLEDGE

Commr. Cadwell called for a moment of silence, in honor of Mr. Carl Brewer, Mayor of Groveland, who passed away this week. He then gave the Invocation and led the Pledge of Allegiance.

MINUTES

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of November 20, 2001, as presented.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of November 27, 2001, as presented.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of December 4, 2001, as presented.

Commr. Hill was not present at this meeting.

AGENDA UPDATE

Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda and that he was requesting that Tab 3, a request from Economic Development for approval of an agreement to award Jobs Growth Investment Trust Funds, in the amount of $45,000.00, to Florida Underground Services, L.L.C., be pulled until the Board Meeting scheduled for February 5, 2002; and that there was a minor revision to the language in Tab 16, a request from Public Works for approval to apply for the Florida Department of Transportation 5310/5311 Transit Grant Application for FY 2002/2003, and approval of the Resolution authorizing the signing and submission of the application and supporting documents. He then introduced the new Deputy County Manager, Mr. Gregg Welstead, at which time he gave a brief background history of Mr. Welstead, noting that he had previously worked with him in Escambia County and was very pleased to have him as part of the management team.

CLERK'S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Bonds - Contractor

Request for approval of Contractor Bonds - New and Cancellation, as follows:

New

5297-02 Robert L. Mott and Harry B. Bahner d/b/a Mott USA, Inc.

5527-02 Lee Woods d/b/a Lee Hadley Woods Construction/Central Florida, Inc.

5880-02 Philip Boncore d/b/a Boncore Electric, Inc.

Cancellation

5031-01 Aron Electric, Inc.

Utilities

Request to acknowledge receipt of Legal Notice - Notice is hereby given on December 4, 2001, pursuant to Section 367.071, Florida Statutes, of the application for a transfer of Water Certificate No. 364W, held by Linadale Water Company, from Linadale Water Company to Sunshine Utilities of Central Florida, Inc., providing service to described territory in Marion County - Sandy Acres.

Any objection to said application must be made in writing and filed with the Director, Division of Records and Reporting, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within 30 days from the date of this notice. At the same time, a copy of said objection should be mailed to the applicant whose address is Sunshine Utilities of Central Florida, Inc., 10230 E. Highway 25, Belleview, Florida 34420. The objection must state the grounds for the objection with particularity.

Accounts Allowed

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 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.

Accounts Allowed/Reports

Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending November 30, 2001, in the amount of $89,492.54. Same period, last year: $134,182.39.

Commr. Hill was not present at this meeting.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Accounts Allowed/Contracts, Leases and Agreements/Economic Development

Request from Economic Development for approval of agreement to award Jobs Growth Investment Trust Funds to Florida Underground Services, L.L.C. (d/b/a Ditch Witch of Central and South Florida), in the amount of $45,000.00, for the creation of fifteen new positions, paying at least 125% of the average annual hourly wage of $10.90 in Lake County, until February 5, 2002.

Contracts, Leases and Agreements/Economic Development/Municipalities

Request from Economic Development for approval to contract with an auctioneer, for the purpose of selling two lots in Fruitland Park that are being held by a trustee, as the result of a Settlement Agreement in 1996; obtain surveys of the property; and pay advertising fees and other fees resulting from the sale and closing of the property.

Accounts Allowed/Bids/Economic Development

Request from Economic Development for approval to sell Lake County property known as Citrus Sun Club to sole bidder at bid price of $350,000.00, and to negotiate certain items in the Contract for Sale with Toledano Holdings, L.L.C.

Accounts Allowed/Budget Transfers/Fiscal and Administrative Services - Budget

Request from Fiscal and Administrative Services - Budget, for approval of the following:

Budget transfer from Special Reserve - Sales Tax Capital Projects, in the amount of $104,387.00, to Constitutional Offices/Sheriff, Machinery and Equipment, in the amount of $99,810.00, and Machinery and Equipment, in the amount of $4,577.00 (total $104,387.00). Due to an oversight in the Sheriff's Office, original request for funds to purchase Fiscal Year 2002 patrol cars and related equipment, additional funds are needed to acquire 30 Motorola digital radios at $3,317.00 each, totaling $99,810.00, and miscellaneous computer related items totaling $4,577.00.

Budget transfer from Machinery and Equipment, in the amount of $38,667.00, to Emergency Services, Buildings - Summer Bay Fire Station, and from Machinery and Equipment, in the amount of $38,283.00, to Emergency Services, Buildings - Summer Bay Fire Station - Additional (total transfer $76,950.00).

The bid to build the fire station at Summer Bay is higher than the budgeted amount by $38,283.00. Funds budgeted for a ladder truck are available; however, it is anticipated that not all of the funds will be needed.

The aerial truck was purchased for less than the budgeted amount, thus, the request to move the balance of $38,667.00 to Buildings - Summer Bay Fire Station.

Budget transfer from Special Reserve - Sales Tax Capital Projects, in the amount of $881,759.00, to Machinery and Equipment, Facilities and Capital Improvements. The Radio Communications Project was originally budgeted for $4,290,000.00, with $3,502,500.00 rebudgeted to Fiscal Year 2002, after expenditures of $787,500.00 for Fiscal Year 2000/2001. The Board of County Commissioners approved the amendment to the Motorola contract on December 4, 2001. The additional amount of $881,759.00 will be used for towers and site work.

Budget transfer from Special Reserve - Section 8 (County), in the amount of $9,000.00, to Community Services, Machinery and Equipment. The move to rental space has resulted in a loss of Section 8 program software functioning. The T-1 line connection, which links this site to the file server at the Administration Building, does not support the necessary transactions. A file server dedicated solely to operation of Section 8 specific software must be obtained.

Budget transfer from Special Reserve - Sales Tax Capital Projects, in the amount of $150,500.00, to Facilities and Capital Improvements, Machinery and Equipment. Funds are needed to replace wooden playground equipment at seven park sites.

Budget transfer from Special Reserve - General Fund, in the amount of $161,106.00, to Constitutional Offices/Clerk, Transfer - Clerk of Courts - $129,046.00, Rental and Leases - Clerk of Courts - $11,240.00, Utility Services - Clerk of Courts - $3,810.00, Repair and Maintenance - $3,000.00, and Buildings - $14,000.00 (total $161,106.00). Budget transfer for unanticipated expenses for Clerk of Courts mail receiving center operations - Tavares and South Lake, approved by Board of County Commissioners on December 18, 2001.

Budget transfer from Contingency - General Fund, in the amount of $78,403.00, to Executive, Personal Services - $66,113.00, Operating Expenses - $9,000.00, and Machinery & Equipment - $3,290.00 (total $78,403.00). Funds needed to reclass Deputy County Manager position and for new Executive Management Associate position.

Resolution No. 2002-1, to amend the Building Services Fund, in order to receive unanticipated revenue for Fiscal Year 2001/2002, in the amount of $36,500.00, from Building Services Division Fees, for permitting fees and to provide appropriations for the disbursement, for division personnel; and to amend the General Fund, in order to receive unanticipated revenue for Fiscal Year 2001/2002, in the amount of $6,200.00, from Current Planning Services Fees, for subdivision application fees and to provide appropriations for the disbursement of related operating costs for zoning layer of GIS maps.

Check Request (Direct Pay) from the Clerk's Office, for payment of Criminal Court costs for November, 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $27,182.00.

Impact fee refund request for J. Scott and Callie Farr, in the amount of $203.00, due to a permit error - road impact fee overcharged on permit.

Impact fee refund request for Patience and Richard Wannike, in the amount of $1,352.50, due to the impact fee waiver. Recipient purchased a new home that had already been permitted and full fees paid.

Contracts, Leases and Agreements/Growth Management/Water Authority

Request from Growth Management for approval of an Agreement with the University of South Florida, for the development of a Lake County Water Resource Atlas; and Interlocal Agreement with Lake County Water Authority, for funding of the Atlas.

Accounts Allowed/Bids/Impact Fees/Road Projects/Public Works

Request from Public Works for approval and authorization to advertise for bids for CR-44C/CR-468 Intersection Improvements Project No. 2002-09, at an estimated cost of $221,924.00, from the Impact Fee Fund - Commission District 1, Benefit District 3.

Accounts Allowed/Bids/Public Works/Road Projects

Request from Public Works for approval and authorization to advertise for bids for the Sun Eden Drainage Improvement Project No. 2002-10, at an estimated cost of $125,000.00, from the Transportation Trust Fund - Commission District 3.

Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions

Roads-County and State/Subdivisions

Request from Public Works for approval and authorization to release a Letter of Credit, for Performance, for Lost Lake Pines, in the amount of $82,038.00; accept a Letter of Credit, for Maintenance, in the amount of $23,807.00; execute a Developer's Agreement, for Maintenance of Improvements between Lake County and Homecrafters, Inc.; and execute Resolution No. 2002-2, accepting Windy Mount Circle (CR 2-1054) into the County road maintenance system. Subdivision consists of 40 lots - Commission District 2.

Accounts Allowed/Public Works/Subdivisions

Request from Public Works for approval and authorization to release a Letter of Credit, for Maintenance, in the amount of $26,216.83, that was posted for Sunburst Estates Phase II subdivision.

Bids/Contracts, Leases and Agreements/Grants/Public Works

Request from Public Works for approval of proposed modifications to Hazard Mitigation Grant Agreement Nos. 01HM-3M-06-45-15-005 and 01HM-3M-06-45-15-007, to preclude contractors on the discriminatory vendor list from submitting bids on work with a public entity; and to modify the auditing requirements for recipients of federal funds for hazard mitigation activities.

Accounts Allowed/Grants/Public Works

Request from Public Works for approval and authorization to award Lake Kathryn Community Development Block Grant Phase I Project No. 2002-05 to Art Walker Construction, Inc., in the amount of $442,689.34, and to encumber and expend $442,689.34 from the Community Development Block Grant - Commission District 4.

Assessments/Public Works

Request from Public Works for approval and authorization for the Chairman to execute Satisfaction of Assessment Liens (12), as follows:

Assessment No. Name Date Paid

685014 Shirley Wakefield 10/11/01

685015 Shirley Wakefield 10/11/01

685018 Deborah and James Nappi, Jr. 11/26/01

685049 Charles and Kathleen Casamasima 10/31/01

685050 Charles and Kathleen Casamasima 10/31/01

685084 Kenneth and Sheryl Hatcher 10/10/01

685104 James W. Haid 10/31/01

685106 Beverly and David Moulton, Sr. 10/11/01

689046 James Ray Fair 10/09/01

692006 Rhonda Groff 11/01/01

694129 Sarah Hadley 11/06/01

694140 Delores Kenworthy 10/22/01

Accounts Allowed/Public Works/Roads-County and State/Road Projects/Subdivisions

Request from Public Works for approval and authorization to award Morningside Drive (3/4-4568) Widening and Resurfacing and Sunset Drive (3-4161) Reconstruction Project No. 2002-04 to DAB Constructors, Inc., in the amount of $542,542.54 (for cost effective purposes, Sunset Drive was added to Morningside Drive Project); and to encumber and expend funds, in the amount of $383,459.78 (Morningside Drive), from the Road Impact Fee Fund, Benefit District 2, Commission Districts 3 and 4, and $159,082.76 (Sunset Drive) from the Transportation Trust Fund, Commission District 3. Total encumbrance is $542,542.54.

Accounts Allowed/Grants/Public Works/Resolutions

Request from Public Works for approval to apply for the Florida Department of Transportation 5310/5311 Transit Grant Application for FY 2002/2003, in the local match amount of $182,300.00; and approval of Resolution No. 2002-3, authorizing the signing and submission of the application and supporting documents.

Accounts Allowed/Contracts, Leases and Agreements/Public Works

Request from Public Works for approval of the agreement between the Village Center Community Development District (VCDD) and the Lake County Board of County Commissioners, for the provision of transportation services, in the revenue amount of $20,700.00.

Contracts, Leases and Agreements/Tourism

Request from Tourism for approval of three-year contract between Lake County and Central Florida Sports Commission, to bring sporting events to Lake County.

ADDENDUM NO. 1

COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)

Assessments/Growth Management

Request from Growth Management for approval of release of Notice of Special Assessment for Road Improvements to Norda B. Welch, recorded on September 9, 1993 - Property Appraiser's Parcel Identification No. 1791472.

PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS

PERSONAL APPEARANCES

EMPLOYEE AWARDS

The Chairman presented Employee Awards, as follows:

Awards to Employees with Five Years of Service to the County

Cheri M. Greer, Library Technician, Community Services/Library Services

Catherine G. McGwier, Chemist, Growth Management/Water Resources

Award to Employee with Ten Years of Service to the County

Robert "Bob" McCullough, Energy Operations Manager, Facilities and Capital Improvements/Energy Management (Not Present)

Award to Employee with Fifteen Years of Service to the County

Margaret "Peggy" Norman, Administrative Office Associate I, Community Services/Citizens Commission for Children

PERSONAL APPEARANCES/PUBLIC HEARINGS/PRESENTATIONS

PRESENTATION

WORKFORCE ECONOMIC UPDATE

Mr. Gary Earl, President and CEO, Workforce Central Florida, addressed the Board and gave a brief slide presentation update on Workforce Central Florida. He stated that the vision of Workforce Central Florida is to engage the entire community in workforce development, to create and sustain an environment for maximum productivity, prosperity, and quality of life; and their mission is to be the catalyst organization that creates effective partnerships with community stakeholders, to identify, prioritize, and craft results-oriented solutions to the key livelihood issues and needs facing this community. He stated that, with a sound, flexible internal and external process, they will develop and allocate the necessary resources to support the initiatives that will shepherd the development and enhancement of productive relationships between potential and current employers and employees. He stated that this year their budget barely exceeds $27 million across the five county region; they deal with approximately 25,000 people annually; they impact over 200,000 people indirectly; and they reduced the number of residents on welfare by 82%, since September of 1996, which has saved the taxpayers over $30 million annually. He stated that their leadership is comprised of a 57 member Board, with at least 60% of the private sector being represented. He stated that there is a consortium of the five county Chairs that is also involved in their governance, in the sense of making sure that the appointments happen, that they have an opportunity to review the five year plans, etc.

Mr. Earl stated that Workforce Central Florida governs the One-Stop Career Center Service System, which he noted includes access to a ready-made network of marketable talent, reaching over 90,000 prospective employees. He stated that they do job fairs and incumbent worker training, as well as on-the-job training and on-going career counseling, to promote long-term retention. He stated that last year they recruited individuals for 4,660 businesses; they received 18,558 job openings, of which they filled 9,117 of them with qualified candidates; and they filled 56% of their job orders with qualified candidates, as well. He stated that 96% of the employers who used their services reported being satisfied with the services.

Mr. Earl stated that a program known as Operation Paycheck allows residents who have been laid off since September 11^th to apply for a scholarship into a fast-track training program, where credit is given for workers' current skills that match the skills required for success in growing occupations and, as a result, they may not need to complete an entire training program, accelerating their path to a new job. He stated that unemployment rates have gone up, particularly since the tragedy of September 11, 2001, however, noted that the trend started as early as Spring of 2001, long before the tragedy of September 11th. He stated that they have seen a steady decrease in new claims filed since mid-November, 2001, and feel that the unemployment figures give them reason to be somewhat optimistic that the County may be out of the slowdown by Spring or early Summer of 2002. He noted that 24.4% of Lake County residents in the labor market work outside the County.

Mr. Ray Gilley, Metro Orlando Economic Development Commission (EDC), addressed the Board and gave a brief background history of the EDC. He stated that the reason for the EDC is to ensure that the County has good paying jobs, with career opportunities, close to where people live, noting that approximately 16,000 people commute outside the County daily to go to work. He stated that the EDC was established in 1977 and comprises Lake, Orange, Osceola, and Seminole counties. He stated that a regional approach to economic development is seen as the most cost effective and efficient approach for both clients and investors. He stated that the vision of the EDC is to create and sustain a prosperous and diverse business community, which it does in concert with investors and community partners, including some governmental agencies, to build a diverse economy capable of withstanding dramatic shifts in the global marketplace, and to position Metro Orlando as the world's premier business location.

Mr. Gilley stated that some goal study measures that the EDC looks at are primary job creations; office and industrial values; and export sales growth. He stated that the highest increase of any county in the region was Lake County, noting that 554 primary jobs were created last year, which is an 8.9% increase, with average earnings of $32,871.00. He stated that the average wage in Lake County had been approximately $24,000.00 per year. He stated that, with regard to office and industrial values, the assessed value of developed office space was up 7.8%, and increase of 61.18% over the five year period. He stated that the assessed value of developed industrial space is up 14.4% over one year ago, an increase of 44.0% for the five year period. He stated that the goal study results for export sales growth in 1999 found Lake County to be one of the fastest growing major export markets in the State, as well as in the Country, being $1.54 billion exports, with a growth rate of 4.4%, compared to the U.S. rate, which is 2%.

Mr. Gilley stated that some key initiatives that the EDC is undertaking to strengthen the economy in the region is that they realize the importance of the workforce and economic development, so the credibility and reputation of the EDC, combined with Workforce Central Florida, can help make the County's economy much higher performing. He stated that they have undertaken several initiatives to increase and enhance the work force, because it is the most valuable asset for any organization, including Lake County. He stated that they strive to have the best people in the County, so they can do the best job for the people of the County. He stated that, to the degree and extent that they can compete with other areas that have initiatives, like Jacksonville, Polk County, and a few other places around the State, they want to be able to respond to the needs of the business community better, so they promote recruitment and training services to local businesses; they are doing a corridor-wide study assessing the high tech labor market data; and they are expanding the brand of the region as a technology and corporate business location. He stated that they are launching a new community branding initiative, which is "Putting Imagination to Work in Orlando", to try to capture the essence of what is created in Orlando. He stated that the great imagination, creativity, engineering, and expertise that is utilized to create the best visitor location in the world has also helped create an environment where business can grow and thrive, as well. He stated that 9,000 jobs are in the region that are related to simulation and training, involving over 100 companies, with an average wage of $55,000.00 per year, thus, the importance of such an industry for the County.

Mr. Gilley stated that some future projects that are in the works are: Implementation of a regional workforce development action plan; a partnership with Lake-Sumter Community College, for the creation of a Business Assistance Center to target marketing program to industry sectors, including corporate headquarters, light manufacturing, customer services, distribution and warehousing, health technology, and environmental services; and they have launched a focused outreach program to market business retention and expansion services. He stated that the EDC is very pleased to have a regional partnership with Lake County.

Commr. Hanson noted that Mr. Gilley was involved with the Economic Summit that the Board held in 1994 and questioned whether he felt it would be helpful for the Board to hold another one.

Mr. Gilley stated that he felt the Board should hold such a summit every two years, in order to take a look at what the County is accomplishing against the goals that have been set and what is and is not working. He stated that he wanted to congratulate Lake County on the fact that it is one of the few counties in the State that has an economic element in its Comprehensive Plan that was designed by the people of the County, with a lot of input. He stated that it resulted in probably one of the best incentive programs that he has ever seen, from the standpoint of not just having one, but having one that is always being looked at, updated, and compared against the unemployment rate. He stated that he felt the Industrial Development Authority has done some great work for the County, in that most of the actions that have come before the Board have been well thought out. He stated that he was very excited about the fact that the new County Manager has a lot of community economic development experience, because they can speak the same language, so he does not have to do a lot of explaining. He stated that they can have a five minute conversation about an issue that might take an hour with someone of less experience. He stated that he was excited about where they were going. He stated that he would be taking a hard look at making sure that the EDC is doing what they need to do for the community. He congratulated the Board on obtaining an extension of the one cent sales tax, noting that he feels the Board has been a great steward of the resources of Lake County. He noted that he was pleased for the cities, as well.

Commr. Cadwell congratulated Mr. Gilley on his hard work on the EDC.

Commr. Hanson suggested that the Board have the County Manager investigate looking into having another economic summit, to look at the County's Economic Element in the Comprehensive Plan, noting that it is a dynamic plan, so the Board needs to keep up with the changes in the County's environment.

Mr. Neron, County Manager, interjected that he felt that would be a good job for the new Economic Development Director, when said individual is brought on board.

REZONING

PUBLIC HEARING

PETITION NO. 76-01-2 - R-1TO R-3 - PROFESSIONAL REALTY ADVISORS, INC., AS TRUSTEE FOR MINNEHAHA JOINT VENTURE/DALE LADD, HIGHLAND DEVELOPMENT CONSULTING SERVICES/TRACKING NO. 149-01-Z

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it was before the Board approximately three weeks ago, at which time it was postponed until this meeting, due to a problem that had not been resolved with some of the surrounding neighbors. She stated that staff's only issue is that of septic tanks.

Mr. Dale Ladd, Applicant, representing Professional Realty Advisors, Inc., as Trustee for Minnehaha Joint Venture, addressed the Board stating that not much has changed since the last meeting where this issue was discussed. He stated that there was a concern by the County Attorney, Mr. Sandy Minkoff, that the Developer's Agreement involved with this request could be changed by either him or Mr. Kevin Hawkins, owner of the property in question, once the Board approves it; therefore, they changed the agreement to say that any amendment or alteration to it would require approval from the County, if the Board chose to approve the request. He stated that the County is a third party beneficiary and has the right to enforce the agreement, should they choose to do so, however, noted that it is not a mandatory requirement. He stated that he has no intention of changing the agreement and noted that it would be recorded, once it is approved.

Mr. Ladd stated that he has had some discussion with the adjoining property owners, but has made very little headway. He stated that some of their requests have been addressed, however, noted that one of their primary concerns is the depth of the lots that adjoin the Lake Ridge Club subdivision. He stated that Mr. Hawkins' position is that those lots remain the same width as the lots of the adjoining subdivision, noting that the depth is not that important, in terms of how it protects Lake Ridge Club. He stated that Mr. Hawkins has agreed to meet all the setback requirements and deed restrictions of Lake Ridge Club, which he noted is in the Developer's Agreement; therefore, he does not see any reason for the 150 foot setback to change. He stated that the residents would also like to see some type of agreement where the subdivision could be phased in, until the South Lake Connector is in place, however, noted that Mr. Hawkins is unwilling to do that. He stated that Mr. Hawkins has signed a warranty deed to the County for the right-of-way, which is being held in escrow, however, noted that, regardless of whether an agreement is signed or not, the proposed development is going to be dependent on the South Lake Connector, which is going to have to be in place anyway for the development to meet traffic concurrency.

Mr. Richard Pendergast, representing the Lake Ridge Club Homeowners Association, addressed the Board and reviewed the issues that were discussed at the previous meeting involving this case. He stated that staff was recommending denial of the case and the County Attorney, as well as the Senior Director of Growth Management, Ms. Farrell, are concerned about the ability to enforce any type of an agreement and the homeowners association feels that an agreement should be enforceable; therefore, they feel that the issue needs to be addressed.

Mr. Jerry Owens, representing the Lake Ridge Club Homeowners Association, addressed the Board stating that, when this case was last discussed, the homeowners association felt they could work out some of their concerns with Mr. Ladd and Mr. Hawkins, one being that they be part and parcel to the agreement and that it be stated in the agreement that the lots in the proposed development be at least 150 x 150 feet in size. He stated that that is the minimum lot size in Lake Ridge Club; therefore, they do not have a problem with the abutting lots being that size. He stated that another concern is the fact that, in a previous meeting, it was indicated that Lake Ridge Club would be added to the agreement; however, Mr. Ladd is now stating that only Lake County is going to be added to the agreement. He stated that another issue of concern is whether any portion of the development is going to be started, or completed, before the South Lake Connector is in place. He stated that the homeowners of Lake Ridge Club are in total agreement of having the connector road and having it in place, before the proposed development is in place. He suggested that, as the connector road progresses, Mr. Ladd be allowed to develop his subdivision accordingly, which will keep additional traffic off of Lakeshore Drive, which they feel is already a dangerous road. He thanked the Board for postponing action regarding this case and allowing the parties involved to try to resolve their concerns. He stated that, with regard to the issue of septic tanks, the homeowners of Lake Ridge Club would be willing to look the other way, if the other issues that they feel are important will be taken care of. He disagreed with the requirement that septic tanks be pumped out every two years, noting that he has always been taught that they should not be pumped out unless there is a problem, because the tanks need the bacteria that is generated in them to be present.

Commr. Cadwell questioned the time frame for getting the South Lake Connector underway.

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that it would not be started until the latter part of this year and that staff will be coordinating with the developers in the area, to see how it will be phased in and built.

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that the homes in the proposed development cannot be built until the South Lake Connector is in place, noting that the County will not sign off on concurrency for it, or any other project that is in the loop at the present time for the segment of Lakeshore Drive that will be impacted, because of the traffic situation involving said road.

Commr. Cadwell questioned whether that would be a requirement under a straight zoning request.

Ms. Farrell stated that, with a straight zoning, the County cannot make the developer do anything other than what is in the Comprehensive Plan.

Mr. Ladd stated that, with regard to what was stated earlier regarding the homeowners of Lake Ridge Club wanting to be a party to the agreement, he would love for them to be a party to it, noting that it would then be incumbent upon them to enforce it, because it is going to require an attorney to do so. He stated, however, that they do not agree to the agreement and questioned how one signs something that one does not agree to. He stated that he does not care who is a party to the agreement, because they will share any legal costs involved with enforcing it. He noted that the proposed development will have less density than the surrounding properties; it has to meet concurrency, which will take care of any concerns about the issue of traffic; and the agreement is enforceable.

Commr. Cadwell stated that, in the 10 years that he has been on the Board and Mr. Ladd has been before them, he has known Mr. Ladd to always do exactly what he has said he would do, however, noted that he does not know Mr. Hawkins, the owner of the needed right-of-way for the South Lake Connector, and the problems the County has had in trying to obtain said right-of-way makes him very nervous.

Mr. Ladd stated that he has no financial interest in the property in question, he was only trying to facilitate the culmination of the South Lake Connector. He stated that, to ensure that Mr. Hawkins would deed the right-of-way to the County, he required him to do it prior to his coming before the Board this date. He stated that the deed is being held in escrow and as soon as it is not appealable, which is 30 days, the County will receive it.

Commr. Cadwell stated that the County has never had a problem with a city not wanting to serve utilities to a development and, if they are going to start using it as a tool, there are areas of the County where the Board may want to consider having regional facilities.

Ms. Elaine Rennick, City Councilwoman, City of Clermont, addressed the Board stating that she was speaking as an individual, because she had not had an opportunity to speak to the rest of the council members about any of the issues being addressed this date and could not speak on their behalf. She stated that she feels there is a misconception that the city has water and does not want to share it. She stated that she wanted to make it clear that it is not a matter of the city choosing not to service the proposed development, they just do not have the water to do so. She stated that any development that is approved for the Clermont area adds to their problem, noting that they are currently in violation of their consumptive use permit and are facing a consent order from the St. Johns River Water Management District (SJRWMD). She stated that they are being told repeatedly that it is not just a problem for the Clermont area, but a problem for the whole area, at which time she noted that the City of Groveland is going to be under the same scrutiny that the City of Clermont has been under. She stated that the SJRWMD is looking at the whole area and saying that water is not available to supply proposed developments and it is up to local government officials to make the decisions not to increase densities and add to that situation. She asked the Board to consider postponing this request until after the water summits that are coming up, noting that Lake County's water summit is scheduled for January 30^th and the regional summit is scheduled to be held shortly thereafter, for the purpose of looking at the seriousness of the water situation and to educate local governmental officials about it. She noted that she also feels changing zoning classifications and increasing densities is ill-advised, in terms of the County's school situation.

Commr. Pool stated that the County is not trying to increase the densities in that area, they are trying to be consistent with what is currently in place, which is two units per acre, and they are trying to eliminate 9,000 trips per day on Lakeshore Drive, by providing the needed right-of-way for the South Lake Connector, which will also relieve traffic on Hwy. 27.

Mr. Rainer Janetzki, a resident of Lake Ridge Club subdivision, addressed the Board stating that he absolutely loves it in Lake County and intends to stay and raise his family here. He stated that, when he purchased his home, he would have loved to close the door behind him and say no further growth, but he knew that the beautiful land around him was going to be developed. He stated that all the residents of Lake Ridge Club are asking is that the development in question be consistent with what is currently in place in the area.

Ms. Nancy Fullerton, Save Our Lakes Committee, addressed the Board stating that she was speaking as a resident and property owner in south Lake County. She asked the Board to recall comments that she had made at the Board Meeting that was held December 18, 2001. She stated that, because of the Board's discussion at the end of that meeting, with regard to a request by Commr. Hill that the County engage in a serious evaluation of the County's growth and development problems and even the mention of a possible moratorium, it seemed to her that it would only be logical to have the workshop that the Board had requested at that meeting first, before they allow the developer to move forward with his project. She pointed out the fact that Commr. Hill was not present at this meeting and felt that she should be present on any decision regarding this case, therefore, requested that the Board either deny or postpone the request until such time as Commr. Hill could be present. She stated that, with regard to the issue of contract zoning, she felt entering into any type of contract would be illegal - that it is not allowed in Florida, under Florida law.

Mr. Bob Waugh, a member of the Lake Ridge Club Homeowners Association, addressed the Board stating that, since the Board has stated and Mr. Ladd has concurred that there will be no Certificates of Occupancy issued for the proposed development until the South Lake Connector is in place, he felt Mr. Ladd should have no objection to putting that fact in the Developer's Agreement and having it include the homeowners in Lake Ridge Club.

Mr. Scott Strong, representing the Lake County School Board, addressed the Board stating that the School Board is trying to take a little more proactive approach to some of the issues that come before the Board that impacts them. He stated that they are in the process of building a new school in south Lake County that they hope will alleviate the overcrowded situation at South Lake High School, however, noted that they are currently faced with a problem at the elementary and middle school levels as well and are going to be forced to make some difficult choices. He stated that he read the ordinance that was recently passed by the Board, in which one of the recommendations was to try to locate schools in closer proximity to growth and existing development, however, noted that, due to some budget cuts, they are going to be forced to close some schools. He stated that any increase in density impacts the School Board and they do not have the benefit of concurrency, the way the County does. He stated that the County has a severe problem with overcrowding and asked that the Board take that into consideration, when voting on the issue before them. He stated that he was not present to ask the Board to approve or disapprove the request, but to answer any questions they might have and, if he did not have the answer, to have the opportunity to provide it to them at a later date. He stated that the School Board feels the Ordinance was a step in the right direction and, in the future, they want to be a better partner with the County.

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

Commr. Pool stated that he did not feel approval of this request would be increasing densities, noting that it calls for what is currently in the area. He discussed the importance of having the South Lake Corridor, noting that it is vitally important to the area. He stated that the proposed project will not impact Lakeshore Drive until the South Lake Corridor is in place; therefore, he would be supporting the request. He stated that, should it be required that the septic systems be pumped more often than what is historically required, he felt said language should be added to the Ordinance. He questioned whether Mr. Allan Hewitt, Water Resource Management Services, agreed with that fact.

Mr. Hewitt addressed the Board stating that the State would like to see five years in the Ordinance, for septic tank pump-outs, which he noted has no impact on the septic tanks themselves, in fact, it is good for them.

Commr. Stivender questioned whether this case involved contract zoning and was informed by the County Attorney, Mr. Minkoff, that the County is not a party to the agreement; therefore, there is no contract zoning involved. He stated that, when staff brings the revisions to Chapter 14 before the Board, they are going to incorporate the statutory developer's agreement provisions, which will allow the County to do developers' agreements in the future on specific parcels. He stated that they hope to have that before the Board within the next few months, which should eliminate some problems. He noted that staff is looking at this case as a straight rezoning.

Commr. Hanson stated that she did not have a problem with the density, because it is compatible with the surrounding subdivisions, however, noted that she did have a problem with septic tanks in an urban expansion area, which is an area where the County wants a higher density, to be able to provide the services, as in smart growth.

Commr. Stivender stated that she was confident the South Lake Connector will be in place before the developer builds any of his homes; that the lots along Lakeshore Drive will be 150' minimum, to coincide with the adjoining subdivision; and that any pumping of septic tanks that is needed will be done. She then made a motion to approve the rezoning.

The Chairman passed the gavel to the Vice Chairman, Commr. Cadwell, and seconded the motion.

Under discussion, Commr. Cadwell stated that he was not able to get to a comfort level, with regard to the issue of water and sewer and that the situation involving the School System will be with any type of development, unless it is an adult community. He stated that he felt, somewhat, like the County was being held hostage for the needed right-of-way, therefore, noted that, if the motion for approval failed, he wanted to add to the Agenda discussion regarding obtaining the right-of-way by way of condemnation, so that the County could move forward with the project. He stated that he was not comfortable with the motion, therefore, would not be able to support it.

Commr. Stivender stated that her motion had nothing to do with the road whatsoever, noting that the proposed development is infill. She stated that everything around it is developed the same way.

Commr. Pool stated that it is infill and is very consistent with what is currently in the area. He stated that the road is an added plus.

Commr. Hanson stated that she could support the motion, if it was with a package plant, rather than septic tanks, because it would be in compliance with the County's Comprehensive Plan.

The Vice Chairman called for a vote on the motion, which failed, by a 2-2 vote.

Commrs Hanson and Cadwell voted "No".

Commr. Hill was not present at this meeting.

The Vice Chairman passed the gavel back to the Chairman and made a motion to deny without prejudice Petition No. 76-01-2, Professional Realty Advisors, Inc./ Dale Ladd, Highland Development Consulting Services/Tracking No. 149-01-Z, which will allow the case to come back before the Board within a year.

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

Commr. Hill was not present at this meeting.

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved to place on the Agenda discussion regarding the possible condemnation of the right-of-way that is needed for the South Lake Connector.

Commr. Hill was not present at this meeting.

RECESS AND REASSEMBLY

At 11:05 a.m., the Chairman announced that the Board would recess for15 minutes.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Bob Resetar, a resident of Clermont, addressed the Board regarding the possibility of the County purchasing property in the Sugarloaf Mountain area, to be utilized as a regional park. He thanked the Board for meeting with the residents in the area, to answer any questions they might have about the matter, and noted that it has been put on the Agenda for the Board Meeting scheduled for January 22, 2002. He stated that there are several individuals and entities behind the concept. He stated that the cost of the property is going to be driven by the appraised value, noting that, if the Trust for Public Lands will get the property appraised, that appraised value is the amount they will start with. He stated that he was present at this meeting to answer any questions the Board might have about the matter.

Commr. Cadwell questioned whether Mr. Resetar had met with the Parks and Recreation Advisory Board, noting that it was important to him to see how the purchase of the property was going to fit into the County's total recreational program.

Mr. Resetar stated that he had met with Mr. Bob Stevens, Parks and Recreation Director, and that he was trying to put a meeting together with Mr. Bill Neron, the new County Manager.

Commr. Stivender interjected that she and Mr. Neron had met and discussed the matter and their plan is to work with Mr. Resetar, to get the property owner and everyone else who is interested together, at which time they will bring to the Board options that are available.

Mr. Neron, County Manager, informed the Board that he had driven out to the Sugarloaf Mountain area to see it and was absolutely amazed that Central Florida has an area like Sugarloaf Mountain. He stated that, if it is the Board's direction to look at the property as a community asset, there are multiple things that could be accomplished at the site. He stated that preservation is one, with possibly some specialized uses for sports related activities. He stated that he was not sure the property could be used as an active recreational facility, but feels that one has to take a step back and look at it from a creative aspect. He stated that the property could be developed as a central park, offering recreational opportunities to a growing segment of the community. He suggested hiring some specialized recreation consultants, to help the County look at the various opportunities. He stated that there may be revenue producing opportunities, as well, to help the County with some of the operational costs. He suggested postponing the matter until late February, noting that he did not feel staff would be able to get all the information together by the January 22^nd Board Meeting.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved to put the matter of purchasing property in the Sugarloaf Mountain area, for the purpose of utilizing it as a regional park, on the Agenda.

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board authorized the County Manager, Mr. Neron, to assign a staff person to work with Mr. Bob Resetar regarding the potential purchase of property in the Sugarloaf Mountain area, working with other partners in the community, for the purpose of utilizing said property as a regional park.

Commr. Hill was not present at this meeting.

Commr. Hanson stated that she and Commr. Pool were willing a few months ago to put $3 million on the table, as a match, with regard to parimutuel dollars. She stated that she was aware of the fact that there are still commitment of those dollars in other parts of the County, however, noted that the County now has the extension of the one cent sales tax that has a commitment to also be used in parks.

It was noted that information will be presented to the Board regarding the matter at the Board Meeting scheduled for February 12, 2002.

Ms. Nancy Fullerton, Save Our Lakes Committee, addressed the Board and updated them regarding two Bills, 101 and 508, that she stated are currently in committees and are very close to coming before the Legislature, with regard to shoreline protection. She stated that the Department of Environmental Protection informed her that they are not comfortable with the Bills, as filed, therefore, requested the Board to direct staff to assess said Bills and clarify Lake County's options.

Mr. Bill Neron, County Manager, and Mr. Allan Hewitt, Water Resource Manager, Growth Management, were asked to meet with Ms. Fullerton regarding the matter.

REPORTS

COUNTY MANAGER

ACCOUNTS ALLOWED/PARKS AND RECREATION

Mr. Bill Neron, County Manager, updated the Board regarding some parks in the County that were closed, due to problems with arsenic being present in the wooden playground equipment and some ongoing controversy regarding the matter. He stated that the County is still waiting for a report from the Environmental Protection Agency, however, noted that he has met with the County's Budget Office and determined that there are sufficient funds ($150,500.00) in the Local Option Sales Tax Contingency Fund to completely renovate the parks with more modern equipment and bring them into compliance with ADA standards, which he noted the County would have to do anyway. He recommended that staff be authorized to proceed with the immediate renovation of said parks, putting them back into service.

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved a request from the County Manager for approval of an appropriation of $150,500.00 from the Local Option Sales Tax Contingency Fund, to renovate seven county parks that have pressure treated wooden equipment that has been alleged to be a health hazard, because of traces of arsenic.

Commr. Hill was not present at this meeting.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed individuals to vacant positions on the Citizens' Commission for Children, as follows:

District 3

Louis Gualda

District 4

Michael Matulia

Commr. Hill was not present at this meeting.

REPORTS (CONT'D.)

COMMISSIONER HILL - DISTRICT 1

EDUCATION/RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2002-4, congratulating the faculty, students, and staff of Lake-Sumter Community College on their 40^th anniversary of service to the community.

Commr. Hill was not present at this meeting.

ADDENDUM NO. 1

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS/ROADS-COUNTY AND STATE

On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Corrected Resolution No. 2001-236, supporting the designation of a portion of SR 19 in Lake County as the "Private Robert M. McTureous, Jr., U.S.M.C., Medal of Honor Memorial Highway."

Commr. Hill was not present at this meeting.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

GROWTH MANAGEMENT

Commr. Hanson informed the Board that the Green Building Seminar has been scheduled for March 28, 2002, and that she felt an award should be presented to Mr. Paul Fahlman, a builder in Clermont, for constructing an energy saving home, or a "green building" home. REPORTS

COMMISSIONER HANSON - DISTRICT 4

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT/STATE AGENCIES

Commr. Hanson informed the Board that she had suggested that Mr. Kirby Green, with the St. Johns River Water Management District, give a presentation to the Board regarding the issue of water consumption in the County.

It was noted that Mr. Green has been scheduled to give said presentation at the Board Meeting scheduled for January 22, 2002.

REPORTS

COMMISSIONER CADWELL - DISTRICT 5

COMMISSIONERS

Commr. Cadwell informed the Board that he would not be able to attend Lake County Days, in Tallahassee, January 8-9, 2002, however, noted that he appreciated the other commissioners taking the time to attend said function, in that he felt it was important to do so.

REPORTS

COMMISSIONER CADWELL - DISTRICT 5

GROWTH MANAGEMENT/REZONING

Commr. Cadwell informed the Board that he would suggest having staff put together some basic information regarding the issue of possible condemnation of right-of-way that the County needs to obtain, to put in needed infrastructure, with regard to Rezoning Case No. 76-01-2, Professional Realty Advisors, Inc., Dale Ladd, Highland Development Consulting Services, Tracking No. 149-01-Z.

Commr. Hill was not present at this meeting.

REPORTS

COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS

On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Commission liaisons/members for the Lake County Boards and Committees; and approval and execution of Resolution No. 2002-5, appointing a Commission member to the Tourist Development Council, and Resolution No. 2002-6, appointing a Commission member to the Affordable Housing Advisory Committee.

Commr. Hill was not present at this meeting.

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:05 a.m.

________________________________ CATHERINE C. HANSON, CHAIRMAN

ATTEST:

________________________________

JAMES C. WATKINS, CLERK

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