A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 17, 2002

            The Lake County Board of County Commissioners met in regular session on Tuesday, September 17, 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; Jennifer Hill; Catherine C. Hanson; and Debbie Stivender. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

            INVOCATION AND PLEDGE

            Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

            AGENDA UPDATE

            Mr. Bill Neron, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda and that it contained a couple of items related to interlocal agreements, with regard to the libraries, which are scheduled to be addressed this evening, after the public hearing regarding adoption of the Final Budget; and that he would like to pull Tab 28, under the County Manager’s Consent Agenda, for discussion, a request from Public Works for approval and authorization to utilize the Infrastructure Sales Tax Fund; to transfer funds, in the amount of $850,000.00, for construction of Alco Road (CR 9588) and Dexter Road (CR 9589) Paving Project No. 2002-15, Bid No. 02-124; and to award the project to Art Walker Construction.

            MINUTES

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 13, 2002 (Regular Meeting), as presented.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 19, 2002 (Regular Meeting), as presented.

            Regarding the Minutes of August 20, 2002, the following change was requested:

            On Page 8, delete the language contained on Lines 30 and 31.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 20, 2002 (Regular Meeting), as amended.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the following requests:

            Bonds - Contractor

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

            New

            5018-03          William N. Varhol d/b/a Varhol Electric, Inc.

            5348-03          Richard L. Poppa d/b/a D.P. Electric Co.

            5921-02          Florida Lawn Care

            6013-02          Louis Tutin d/b/a Bob’s Landscaping, Inc.

            Renewals

              863-03           Fiesta Pools of Ocala

            1223-03          Pat Smallwood (Sign Erecting Contractor)

            1567-03          Phillip W. Stanley d/b/a Stanley Electric Service

            4559-03          Rodney Reisman d/b/a Eustis Roofing Co., Inc.

            5173-03          Robert C. Robey (Masonry Contractor)

            5200-03          Batterbee Roofing, Inc.

            5426-03          Richard A. Menard (Aluminum Contractor)

            5683-03          John Wetzel (Commercial/Residential Pool Builder)

            5822-03          Heladio A. Trujillo/Ayala Electric d/b/a Holland Pools and Spas

            5864-03          Ronald L. Vail (Plumbing & Residential General Contractor)

            5894-03          Herman Lowe

            5960-03          Wendell D. Nichols d/b/a Nichols Nursery/Landscape

            Cancellation

            5732-02          Michael Roberts d/b/a Embiar Construction and Design, Inc.

            Notice of Application for Extension of Water and Wastewater Service Area

            Request to acknowledge receipt of Notice of Application for an Extension of Water and Wastewater Service Area - Notice is hereby given on August 20, 2002, pursuant to Section 367.045(2), Florida Statutes, of the application of Lake Utility Services, Inc., of its intent to apply to the Florida Public Service Commission for an extension of its service area to provide water and wastewater services to the property in Lake County, Florida, as described in this Notice.

            Any objections to the Application must be filed with the Director, Division of Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 650 South North Lake Boulevard, Suite 420, Altamonte Springs, Florida 32701, no later than 30 days after the last date that the Notice was mailed or published, whichever is later.

            Notice of Application for Extension of Water and Wastewater Service Area

            Request to acknowledge receipt of Notice of Application for an Extension of Water and Wastewater Service Area - Notice is hereby given on August 21, 2002, pursuant to Section 367.045(2), Florida Statutes, of the application of Little Sumter Utility Company of its intent to apply to the Florida Public Service Commission for an extension of its service area to provide water and wastewater service to the property in Sumter and Marion Counties, Florida, as described in this notice.

            Any objections to the Application must be filed with the Director, Division of Commission Clerk and Administrative Services, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, with a copy to Martin S. Friedman, Esquire, Rose, Sundstrom & Bentley, LLP, 650 South North Lake Boulevard, Suite 420, Altamonte Springs, Florida 32701, no later than 30 days after the last date that the Notice was mailed or published, whichever is later.

            Lake County Water Authority’s Draft Tentative Budget for 2002/2003

            Request to acknowledge receipt of Lake County Water Authority’s Draft Tentative Budget for 2002/2003.

            Notice of Public Hearing for Comprehensive Plan Amendment

            Request to acknowledge receipt of Notice of Public Hearing for Comprehensive Plan Amendment, from the City of Groveland, for adoption of proposed Ordinance No. 2002-09-33, notifying property owners that the first reading of the proposed Ordinance will be considered at the following public meetings:

Groveland City Council Meeting, as the Local Planning Agency, on September 5, 2002,at 7:00 p.m.; and Groveland City Council Meeting, on September 5, 2002, immediately following the Local Planning Agency Meeting.

            The meetings will be held at the Puryear Building, 243 S. Lake Avenue, Groveland, Florida.

            COUNTY MANAGER’S CONSENT AGENDA

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the following requests:

            Budget and Administrative Services - Budget

            Request for approval of Impact Fee Refund Request to Craig Hegstrom Builder, Inc., in the amount of $1,321.00, due to a Permit Specialist error.

            Budget and Administrative Services - Procurement Services

            Request for approval and authorization to award RFP 02-102, encumber funds, and authorize a contract, subject to County Attorney approval, to Jones Edmunds & Associates, Inc., for hydrogeologic services and construction of monitoring wells, in the amount of $358,503.00, for FY 2003.

            Request for approval and authorization for the purchase and monthly recurring charge of radio T-1 lines from Sprint for Astor, Groveland, Royal Trails, and Fruitland Park, for the sites to be on the Countywide Radio Communications System, at a cost of $39,180.00, to be encumbered in Fiscal Year 2002/2003.

            Budget and Administrative Services - Risk Management

            Request for approval to renew contract with Ernst & Young, to provide actuarial services for liability services, subject to County Attorney approval, in the amount of $8,500.00.

            Community Services

            Request for approval and signature on FY 2002/2003 LSTA Grant Agreement - Born to Read Family Literacy Project Year II, in the amount of $84,090.00.

            Request for approval and signature on State Aid to Libraries 2003 Grant Application and Agreement, in the amount of $460,000.00, for FY 2002/2003.

            Request for approval and authorization of signature on the Interlocal Agreement between Lake County and the Town of Montverde, allowing the County to use the Town’s FY 2002/2003 Community Development Block Grant (CDBG) entitlement to construct ADA-accessibility improvements in the Town Hall.

            Request for approval and authorization of signature on the FY 2002/2003 CDBG Partnership Agreement between the City of Tavares and Lake County, in an amount not to exceed $50,000.00, granting the City CDBG funds to construct sidewalks in the Ingraham Park neighborhood and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval and authorization of signature on the FY 2002/2003 CDBG Partnership Agreement with the Lake County Health Department, in an amount not to exceed $95,000.00, in FY 2002/2003 CDBG funding, and $20,000.00 from FY 2002/2003 County General Revenue Funds, to cover the cost of dispensing prescription medications to low income persons; and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval and authorization of signature on the FY 2002/2003 CDBG Partnership Agreement with Mid-Florida Community Services, Inc., in an amount not to exceed $20,000.00, to be used to transport homebound senior citizens to congregate meal sites; and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval and authorization of signature on the FY 2002/2003 CDBG Partnership Agreement with Mid-Florida Community Services, Inc., in an amount not to exceed $20,000.00, to provide delivery of meals on weekends to homebound senior citizens and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.

            Request for approval and signature on Proclamation No. 2002-134, commemorating October as Domestic Violence Awareness Month.

            Economic Development and Tourism

            Request for approval to send a notification letter to the Office of Tourism, Trade, and Economic Development, Office of the Governor, that Lake County desires to change the location of one of the community centers outlined in the Performance Standards of the State Agreement.

            Human Resources

            Request for approval and signature on the renewal of the Careerbuilder’s Contract for one year, from August 30, 2002 to August 30, 2003, in the amount of $29,280.00.

            Public Safety

            Request for approval and signature of Proclamation No. 2002-135, proclaiming October 6-12, 2002, as Fire Prevention Week.

            Public Works

            Request for approval and authorization to release a Letter of Credit, for Maintenance, in the amount of $57,975.16, that was posted for Park at Wolf Branch Oaks, Phase 1 Subdivision.

            Request for approval and authorization to advertise for bids for North Hancock Road

(CR 1354) Extension Phase II Project No. 2003-02; and to encumber and expend funds, in the amount of $2,750.00, from the Road Impact Fee Fund. Benefit District 5 - Commission District 2.

            Request for approval and authorization to award CR 44C/CR 468 Intersection Improvements Project No. 2002-09, Bid No. 02-114, to J. Malever Construction Company, Inc.; and to encumber and expend funds, in the amount of $509,860.00, from the Impact Fee Fund. Commissioner District 1 - Benefit District 3.

            Request for approval to execute utility easement with Florida Power, for Fire Station No. 94, and signature authorizing the easement.

            Request for approval of the Florida Department of Transportation (FDOT) Traffic Signal Maintenance and Compensation Agreement; and approval of the Resolution of Support, No. 2002-136 , from the Lake County Board of County Commissioners.

            Request for approval of the proposed modifications to the Hazard Mitigation Grant Agreement, Nos. 01HM-3M-06-45-15-005 and 01HM-3M-06-45-15-007, for the Tracy Canal and Green Swamp Culver Projects, to extend the expired Agreement from August 14, 2002 to February 14, 2003.

            Request for approval of the proposed amendment, in the amount of $33,000.00, submitted by Vanasse, Hangen, Brustline, Inc. (VHB), a design consultant, for additional services necessary for the North Hancock Phase II Project, to extend the contract to July 31, 2003, to allow for the design changes and to have the consultant available during construction.

            Request for approval of a Second Addendum to the Agreement between Lake County and BCI Engineers and Scientists, Inc., for Stormwater Management Services (RFP No. 01-035), to extend the duration of the Agreement until June 30, 2003.

            Request for approval of Resolution No. 2002-137, authorizing the posting of a “YIELD” sign on the newly widened western leg of East Orange Avenue (CR 3129), where it intersects with the main section of East Orange Avenue, in the Yalaha area.

            Request for approval and authorization to release a Letter of Credit, for Performance, in the amount of $956,965.40; accept a Maintenance Bond, in the amount of $85,954.00; execute a Developer’s Agreement, for Maintenance of Improvements, between Lake County and Canam Palisades, Ltd.; and execute Resolution No. 2002-138, accepting Masters Drive (CR 1836) and Spring Lake Drive (CR 1835) into the County Road Maintenance System, all relating to Palisades, Phase 2E Subdivision, which consists of 57 lots - Commission District 2.

            Request for approval of Resolution No. 2002-139, advertising Vacation Petition No. 985, by Raymond and Minnie Bronson, to vacate easement in the Plat of Groveland Farms, in Section 27, Township 23South, Range 24East, in the Bay Lake area, South Lake County - Commission District 2.

            Request for approval of Resolution No. 2002-140, advertising Vacation Petition No. 986, by LPG Express Services, Inc., Sherie D. Lindh, to vacate unnamed road in the Plat of McNaughts Subdivision, in Section 27, Township19 South, Range 26 East, in the Tavares area - Commission District 3.

            Request for approval of Resolution No. 2002-141, advertising Vacation Petition No. 990, by Pamela and Michael Adams, to vacate a utility easement located in Sections 2 and 3, Township 20 South, Range 26 East, in the Plat of Squirrel Point, in the Tavares area - Commission District 3.

            Request for approval of Resolution No. 2002-142, advertising Vacation Petition No. 991, by John L. O’Connor, to vacate a water retention area located in Section 9, Township 23 South, Range 26 East, in the Vistas Subdivision, in the Clermont area - Commission District 2.

            ADDENDUM NO. 1

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

            Budget and Administrative Services - Budget

            Request for approval of Resolution No. 2002-145, amending the General Fund, in order to receive unanticipated revenue for Fiscal Year 2001/2002, in the amount of $161,250.00, deposited into Voting Systems Assistance; and to provide appropriations for the disbursement, for Machinery & Equipment, for the Supervisor of Elections’ Office.

            Budget and Administrative Services - Risk Management

            Request for approval and acceptance of renewal for continued benefits and premium rates for 24 months from Vision Care, Inc.

            Request for approval of Workers’ Compensation settlement for Mr. Michael Mobley; and to authorize the Chairman to execute the appropriate document(s), subject to the County Attorney’s review and approval.

            PRESENTATION

            PLAQUE TO MS. CINDY STRICKLAND, RECYCLING COORDINATOR

            Mr. Hank Goldsman, Chairman, Solid Waste Study Committee, presented Ms. Cindy Strickland, Recycling Coordinator, Solid Waste, with a Plaque from the Countywide Solid Waste Study Committee, in recognition of her outstanding efforts as the County’s Recycling Coordinator from 1996 to 2002, at which time he noted that one of the most outstanding success programs he has seen in the County is the School Recycling Program and that the Committee appreciated what she did, not only for the schools, but for the County, as well.

            Ms. Barbara Newman, Vice Chairman, Solid Waste Study Committee, addressed the Board stating that it has been a pleasure and an honor working with Ms. Strickland over the years, noting that she was the sparkplug behind the County’s recycling program. She stated that they understood the need for budget cuts and constraints, however, noted that, when it comes to cutting personnel, the Board was hitting them where it hurts. She stated that there are some employees that have worked very hard and have been very faithful, noting that the School Recycling Program would have never gotten off the floor, had it not been for Ms. Strickland. She stated that Ms. Strickland always made the County look very good and that they would miss her and wanted to recognize her and the good things that she has done for the County.

            The Board thanked Ms. Strickland for a job well done.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            PUBLIC WORKS - CONSTRUCTION OF ALCO AND DEXTER ROADS

            Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that this was a request to award the construction of Alco and Dexter Roads to Art Walker Construction, in the amount of $817, 634.75; and for approval to transfer $850,000.00 into the fund, from the Infrastructure Sales Tax Fund. He stated that staff was asking for a little additional funding, to cover any possible change orders that may occur on the site.

            Commr. Cadwell thanked Mr. Stivender for all his hard work, with regard to this project, noting that it was not a convenience problem, but a safety one, with the threat of fire and flooding. He stated that, while the roads are located in his district, Commr. Hanson worked very hard for years to try to get the roads paved and he appreciated her efforts.

            A motion was made by Commr. Cadwell and seconded by Commr. Hanson to approve a request from Public Works for approval and authorization to utilize the Infrastructure Sales Tax Fund; to transfer funds, in the amount of $850,000.00, for construction of Alco Road (CR 9588) and Dexter Road (CR 9589), Paving Project No. 2002-15, Bid No. 02-124; and to award the project to Art Walker Construction.

            Under discussion, Commr. Stivender stated that this shows the County is using the one cent sales tax to grate clay roads in the County that are ready to be paved, where the County has been able to obtain the needed rights-of-way. She stated that there are a few such roads in her district and she wanted the Board to be aware of the fact that they will be coming forward in the near future for approval.

            Mr. Stivender stated that the County has historically used gas tax money for such projects, however, noted that, with it being a slow growth revenue, due to there being more fuel efficient cars, another resource is necessary to pave clay roads in the County. He noted that staff is putting together a new inventory of clay roads in the County, which will contain district lines and ranking of the roads, based on growth, which they will have available for the Board some time next year

            The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

            PUBLIC HEARING

            ORDINANCE CREATING OPEN BURNING REGULATIONS

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final reading, by title only, as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE III, CHAPTER 10.5 OF THE LAKE COUNTY CODE, TO BE ENTITLED OPEN BURNING REGULATIONS; PROVIDING FOR INITIATION OF A BAN ON BACKYARD BURNING OF YARD DEBRIS, BURNING OF LANDS FOR ANY REASON, AND BURNING OF UNAUTHORIZED PILES OF DEBRIS NOT APPROVED BY THE FLORIDA DIVISION OF FORESTRY; PROVIDING FOR THE REIMBURSEMENT OF COSTS ASSOCIATED WITH THE USE OF PUBLIC RESOURCES TO CONTAIN UNLAWFUL FIRES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

            Mr. Minkoff informed the Board that the purpose and intent of this Ordinance was to allow the County Manager to issue a ban on burning that is not authorized by the Forestry Service, when the drought index reaches a rating of 500 or more for a period of three weeks in a row. He stated that it avoids having staff come back to the Board for a declaration of emergency each time this occurs.

            The Chairman opened the public hearing.

            Mr. William Weingardner, a resident of Sorrento, addressed the Board and questioned how the Ordinance will be enforced, if it is approved.

            Mr. Bill Neron, County Manager, stated that it would be a combination of the Sheriff’s Office and the Code Enforcement Department.

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

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2002-75, creating Article III, Chapter 10.5 of the Lake County Code, entitled Open Burning Regulations.

            PUBLIC HEARING

            2003-2007 ROAD IMPACT FEE PROGRAM AND TRANSPORTATION

            IMPROVEMENT PROGRAM UTILIZING INFRASTRUCTURE SALES TAX

            Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board stating that they had before them a draft of the Lake County Transportation Construction Program for FY 2003-2007, which he reviewed with them, in detail. He stated that the road impact fee issue was brought before them a few weeks ago, as part of the County’s Construction Improvement Program, and that the purpose of this presentation was to bring it back before them in a format, where they could approve the program. He noted that the last few pages of the report contained unfunded projects, where staff is estimating what is going to be needed over the next five years, and that the Intersection Project of Duda and CR448, south of the Lake Jem area, needed to be added to Page 3 of the Five Year Transportation Improvement Plan, as an addition for 2003, if the funds are available, due to the fact that there is a high accident rate at said intersection.

            Commr. Cadwell stated that he felt, as soon as the County gets through the budget process, some time around the first of the year, they might want to look at bonding some of the money needed for the projects, so that they can be moved forward.

            Mr. Bill Neron, County Manager, stated that he felt this would be a perfect topic for the County’s blue ribbon panel, once they are appointed, as they look at the County’s five year plan for finances. He stated that there may be some alternative revenue sources that can be identified, to help speed the projects along. He discussed the issue of potholes, noting that he has been on a personal pot hole patrol during the last several months and has discovered several roads in the County that contain pot holes that need to be fixed. He stated that it is a concern that the County has to address, especially with all the rains the County has been having recently.

            Mr. Stivender stated that, with regard to the issue of resurfacing the roads, in fifteen to twenty years, if all the roads that are being built at one time decay at one time, someone is going to have to deal with it, therefore, suggested that, rather than having a one year program and resurfacing a lot of miles in one year, having a three or four year plan, which will allow the County not to be impacted heavily in one or two particular years in the future. He noted that the rest of the Construction Improvement Program will be forthcoming at a later date.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            Mr. Stivender thanked Ms. Kathy McDonald and Ms. Lori Nicholson, employees in his department, for putting the Road Impact Fee Program and the Transportation Improvement Program information together.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the 2003-2007 Road Impact Fee Program and Transportation Improvement Program, utilizing Infrastructure Sales Tax funds.

            Mr. Neron, County Manager, stated that he would like to publicly commend Mr. Stivender and his staff, as well as the Budget Office and staff, for all their hard work during the last several months, noting that the format looks simple, but getting all the information together and balancing the funds is a difficult task and they should be commended for their effort.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Steve Maleski, a resident of Tavares, who lives next to a public boat ramp located on Lake Saunders, addressed the Board and discussed some problems that said boat ramp is causing him and his neighbors. He stated that he has discussed said problems with his District Commissioner, as well as other Commissioners and Mr. Bob Stevens, Director, Parks and Recreation, to no avail. He stated that the boat ramp has become a real public nuisance to the neighborhood and the residents would like to have something done about it.

            Mr. Bob Stevens, Director, Parks and Recreation, addressed the Board stating that the County has been dealing with this problem for the past three years, trying to resolve it. He stated that they have identified two sites for relocation of the boat ramp, one on the northeast side of the lake and the other one on the south side of the lake. He stated that he has met with the County Attorney’s Office, regarding the matter, and will be sending a memorandum to the County Manager, Mr. Bill Neron, with said information. He stated that he is requesting direction from the County Manager as to where to go from here and what funding can be used for the possible purchase of one of the sites.

            Commr. Pool stated that it appears the County has a plan and asked Mr. Maleski to be patient for a little longer.

            RECESS AND REASSEMBLY

            At 10:05 a.m., the Chairman announced that the Board would recess for ten minutes.

            PRESENTATION

            UPDATE ON MT. PLYMOUTH/SORRENTO STUDY

            Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that they had asked that she bring the firm of Miller Sellen Conner and Walsh back before them, to give them an update on the Mt. Plymouth/Sorrento Study.

            Mr. Geoff McNeill, Principal in Charge of Planning, Miller Sellen Conner and Walsh, and Ms. Teri Bowley, Project Manager, Mt. Plymouth/Sorrento Study, addressed the Board and thanked Commr. Hanson for her leadership, with regard to this project, in allowing them to be open and community based and directing them toward what is best for the community. He thanked the County’s Planning and Growth Management staff, as well, noting that they showed great cooperation and participation in the process; the community advisory group, who gave their time and effort to help them understand more about the Mt. Plymouth/Sorrento community; and the members of the Mt. Plymouth/Sorrento community, who shared their ideas and concerns and especially their passion for the community. He stated that he would be starting where he left off, in April of this year, at the Round Lake Elementary Community Workshop.

            Mr. McNeill gave a power point presentation to the Board, stating that the Mt. Plymouth/Sorrento Study was divided into three separate studies, one being a framework profile study; a community workshop that was held in February of 2001; and a community review and alternative analysis, which he reviewed with the Board. He stated that it was a process of discovery, which was to identify and build community principles that were unique to Sorrento and Mt. Plymouth. He stated that the Future Land Use Map for this area shows a compact urban node, which is influenced by the transfer of development rights from the Wekiva River Protection Area. He stated that those two features make a significant condition that has to be considered, in evaluating this community and establishing being proactive and looking at its future. He stated that they were told to keep the character of the community and to preserve the identities of Mt. Plymouth and Sorrento. He stated that this plan has been in place for over ten years, so he was not bringing the Board a new plan, he was just telling them what the plan has in place. He stated that they would be recommending to the Board, at the end of this study, how to deal with the urban compact node.

            Mr. McNeill stated that the County is dealing with change, noting that it is inevitable that a community will change. He stated that there is a life cycle to a community, a constant renewal as the community moves forward, and the County needs to determine how Sorrento and Mt. Plymouth will undergo the economic, social, cultural, environmental, and political transformations, without losing its sense of place. He stated that there are a lot of issues that effect this community today and will in the future and significant changes could occur, therefore, being proactive and helping to protect the community is at the core of this concept. He referred to a handout, contained in the Board’s backup material, stating that it addresses the character of Lake County, at which time he noted that, as part of their study, they went through the communities in Lake County trying to identify what the character of Lake County is and found that, in some instances, some of the communities that have historic character and a sense of place have been separated by a large road. He stated that it is going to be a constant issue in the County, in terms of what they will look at, in the framework study. He stated that the alternatives they have to deal with are realities. He stated that they brought to the community their perception of a framework on which the rest of the study will be built and finished, which they took to their advisory group. He stated that they discussed the fact that changes that are made in this framework will affect other areas around Mt. Plymouth/Sorrento, which he noted is as important to them as it is generating the framework and recommendations that they will be bringing back to the Board later this Fall.

            Mr. McNeill stated that their next step is to look a little closer at community principles and general design guidelines for the heart of the community. He stated that they will be working with the advisory group and will come back to the Board with a presentation and recommendations, however, noted that the recommendations will not be specific policy amendments, nor will they be specific ordinance recommendations, but recommendations to the County’s planning staff and to the Commissioners, as a Board, to help the Board and the community, collectively, establish priorities, as to what changes will occur and how it will affect the community. He stated that the community needs to be seen as a complete community. He stated that they will not control how it changes in the future, noting that the Board of County Commissioners and the citizens will deal with that. He stated that he felt they will come back to the Board with some very good basic recommendations of guide planning and priority setting for the future of Mt. Plymouth/Sorrento.

            Commr. Cadwell stated that he wanted to bring this issue forward, because some citizens informed him that they were concerned about the process. He questioned how many people comprised the Mt. Plymouth/Sorrento Framework Study Advisory Committee and was informed that there were 19 people on the committee. He then questioned whether Mr. McNeill felt it was a balanced representation of the community, to which Mr. McNeill responded that he did.

            Commr. Pool stated that there were going to be differing views, no matter how many people comprise the committee, or how broad they make it, noting that people will not always agree on what the character of the community should be in five to ten years. He stated that everyone has a different idea and the Board has to respect those ideas.

            Ms. Jeanne Etter, a resident of Mt. Plymouth and former member of the Mt. Plymouth/Sorrento Framework Study Advisory Committee, addressed the Board and discussed some concerns she had about the committee, such as whether or not it should fall under the Sunshine Law and whether or not the Orlando/Orange County Expressway Authority should be involved with the committee. She distributed a handout, which contained a copy of a letter from her, in which she addresses concerns she has about the committee; and a copy of the Minutes of said committee, dated June 12, 2002. She stated that she was the member of the committee that spoke with Mr. Sandy Minkoff, County Attorney, with regard to the appropriateness of the committee, as it pertains to the Sunshine Law. She stated that the chairman of the committee approached her and Mr. Keith Schue, another member of the committee, regarding the issue of bringing the Orlando/Orange County Expressway Authority into the committee’s discussions, which she and Mr. Schue thought was inappropriate. She stated that she felt pressure from Mr. Tim Bailey, Chairman of the Mt. Plymouth/Sorrento Framework Study Advisory Committee, to do so and wanted clarification from Mr. Sandy Minkoff, County Attorney, as to whether they could do it. She stated that the County backed out one year ago from an interlocal agreement and dialogue with the Expressway Authority and she did not want the committee to do something that was improper. She stated that, in June of this year, Mr. Bailey called a meeting of the committee, without an explanation as to why and questioned whether the committee wanted to become a formal committee, conforming to the Sunshine Law and reporting directly to the County. She stated that a lengthy discussion ensued with the members, who decided they needed to know more about the Sunshine Law and how it would affect them. She stated that the Chairman stated he would get copies of the law and ask Mr. Minkoff for insight regarding it. She stated that he also stated he would try to get Mr. Minkoff to come to their July meeting, however, just prior to the meeting, it was cancelled. She stated that, during the months prior to said meeting, she and Mr. Schue were concerned about the direction that the committee was going and the fact that the committee had not heard from the County as to exactly what was going on, so they decided it was in their best interest to resign. She stated that the day after they resigned they received an email from the County stating that a determination had been made that the committee should be formed under the Sunshine Law and advising the committee members against discussing committee business with other committee members outside of regularly called committee meetings. She stated that she wanted to emphasize the fact that in no way, shape, or form did her resignation mean that she was not interested in the Mt. Plymouth/Sorrento area, or in the County. She stated that she supports the County allowing the communities to involve themselves in the process and she complimented the Growth Management staff, noting that they were very helpful in providing input to the committee, as it evolved, and answered any questions the committee had. She stated that she would appreciate being thought of as being a participant in further studies.

            Mr. Scott Taylor, a resident of Mt. Plymouth and former member of the Mt. Plymouth/Sorrento Framework Study Advisory Committee, addressed the Board stating that he wanted to clarify Commr. Cadwell’s question regarding the committee. He stated that, at the time that the committee started to deviate from what the members perceived its mission to be prompted their look into the issue of the Sunshine Law. He stated that it was not due to the committee trying to get involved with the Expressway Authority, but it was at that time that the members discovered the issue about the Sunshine Law and they did not feel it was appropriate for them to continue as members of the committee, without being under the Sunshine Law. He stated that he enjoyed working with the people in the Mt. Plymouth/Sorrento area and that he has a deep respect for the area and the people that are in it. He stated that he feels the study is a good thing and that it is something that needs to be done. He stated that he, too, looks forward to participating in the future, when the committee is structured the way that the members feel it should be, based on their research.

            Mr. Keith Schue, former member of the Mt. Plymouth/Sorrento Framework Study Advisory Committee, addressed the Board stating that he feels there is a big lesson that everyone has to learn from what has happened - a lesson regarding the importance of understanding the law and what kinds of problems can exist, if everyone does not understand it and apply it. He stated that, when it became clear to him that the advisory group was operating outside the Sunshine Law and had been operating outside the law since the committee was created, in November of 2001, it was only then that he had no choice but to resign from the committee and to do so immediately. He stated that his decision also followed mounting concerns regarding the peculiar direction that it was apparent the committee was heading under the leadership of its Chairman, Mr. Bailey, in apparent coordination with a large scale developer and, to some extent, the consulting firm. He stated that he could only emphasize the fact that, if the County wants to have credibility, with regard to planning for this area, the committee cannot proceed in the haphazard seat-of-the-pants fashion that it has so far. He stated that he did not feel it was something that could be fixed simply by putting a small advertisement in the newspaper once a month advertising the notice about the meeting and the fact that the committee was now operating under the Sunshine Law. He stated that it is more than that. He stated that he felt, if each of the Commissioners, as the Governing Board, determines that another advisory committee is truly what the County needs, then that committee needs to be structured in a legitimate, formal way, just like other committees that have been created. He stated that he felt this committee could have avoided some of the problems that Ms. Etter alluded to, if the committee’s goals and purposes were specifically defined in a Resolution. He stated that the Board has to consider, in looking at the issue, whether it makes sense for a developer, who is from outside the County, who does not own land in the area, but who has a speculative interest in developing land in this County, to be a voting member of an advisory committee that is supposed to be made up of residents of the area. He stated that the largest stakeholder in the Wekiva area is the Department of Environmental Protection and questioned whether it would not make sense for said stakeholder to have a seat in some of the discussions that take place. He stated that these are some of the things that need to be considered and that he hoped the Board would consider them very carefully. He stated that, as he stated in the resignation letter that he submitted in August of this year, he would be very happy to serve on an advisory committee, if it is responsibly and fairly established, without a pre-existing agenda.

            Mr. Schue then addressed the Orlando/Orange County Expressway Authority’s involvement in the committee, noting that each of the Commissioners voted last September to dissolve the County’s relationship with the Expressway Authority; therefore, for the committee to now be inviting in the Expressway Authority in some fashion, and, as the committee that is related to the Miller Sellen Conner Walsh group, which was hired by the County, it is outside the County’s purview to be having independent discussions with the Expressway Authority, when the Board has already decided that that relationship was not going to exist. He stated that it is in that context that they felt it was highly inappropriate for the committee to be independently having its own discussions with the Expressway Authority. He emphasized the fact that a major toll road is a regional issue, noting that it is something that effects more than just the Mt. Plymouth/Sorrento area and is not something that the committee should be attempting to tackle.

            Mr. Tim Bailey, Chairman of the Mt. Plymouth/Sorrento Framework Study Advisory Committee, addressed the Board and thanked them for funding the study and for bringing the members of the committee together, noting that he felt they were an extremely diverse group of people. He stated that he was not sure the County needs another advisory committee, as Mr. Schue suggested, but, he is certain that the residents of Mt. Plymouth/Sorrento need input and he feels it is critically important that the Board hear their concerns and reservations. He stated that one of the reasons the committee felt they should become involved in other things was because those other things directly impacted the committee’s recommendations to the Board, however, he noted that they were not going to let the Orlando/Orange County Expressway Authority, or the Department of Transportation, or the County’s Zoning Department make recommendations, they were only dealing with them to obtain insight. He stated that he does not feel there is a Sunshine Law issue, however, feels that, if there is, it will be addressed by the County Attorney. He stated that he did not meet with county staff at any time without Miller Sellen Conner Walsh asking him to meet with them and without them being present, leading the meeting. He stated that he was concerned that the committee was being preoccupied with the Sunshine Law issue, rather than the issue of growth, which needs to be addressed. He stated that he hopes the Board will implement the recommendations of the committee, noting that it is critically important to the Mt. Plymouth/Sorrento community.

            Commr. Cadwell questioned whether the committee had a member that does not own property in the Mt. Plymouth/Sorrento area, to which Mr. Bailey responded that, to his knowledge, there were not any members that did not own property in the area, however, noted that there were some members that were not residents of the area.

            Mr. Schue readdressed the Board stating that the statement that was made that there was no one on the committee that was not a land owner in the Mr. Plymouth/Sorrento area was not true. He stated that there was a committee member who is affiliated with a development group, not the landowner, for a significant piece of property consisting of approximately 1,500 acres, partly in Orange County, largely in Lake County, located east of Mt. Plymouth. He stated that said individual is not a land owner himself - he has a speculative development interest in property that this Board has indicated would be a piece of property that is so significant to the environmental resources of the Wekiva area that it should be considered for permanent preservation. He stated that he wanted to clarify the comment.

            Commr. Cadwell questioned whether there was a clarification as to whether the committee would fall under the Sunshine Law.

            Mr. Sandy Minkoff, County Attorney, informed the Board that he became aware of the committee when Ms. Etter called him, in May of this year, and that he felt he had communicated to her the fact that, based on the information she gave him, the committee would fall under the Sunshine Law. He stated that what is involved is a contract with Miller Sellen Conner Walsh for general planning and that a work order was signed with them, which did not have to come before the Board, as allowed by the contract, to do this study. He stated that the work order states there will be a citizens committee that will give them recommendations, as part of the study, which, in his opinion, would clearly make the committee subject to the Sunshine Law. He stated that it did not appear to him to be a big issue, because what the group was trying to do was get community input, so the goals of the Sunshine Law, which are easy to comply with, fit in very well with the task of the committee, which was to get everyone involved.

            Commr. Hanson stated that she felt the committee had changed direction somewhat from where it started, but she saw it being a major communicator with the County, as it makes recommendations and works with the consultants. She stated that the area in question is an important area and she feels the County should give it special attention. She stated that there may be some tweaking of the people on the committee, but, overall, it is a very diverse group. She commended Mr. Bailey for pulling the people together, getting their input, and creating a bonding type situation and noted that she was sorry some of the members decided to leave the committee, without working through the process.

            Commr. Cadwell suggested, if the group is going to operate under the Sunshine Law, that the Chairman, Mr. Bailey, extend an invitation to those individuals who resigned from the committee to rejoin it, if they are comfortable with the way that it is being operated.

            Commr. Hanson interjected that the Board will be making that decision, not the Chairman. She stated that, originally, it was hoped the committee could be kept loose, so that people could come and go, but that does not seem to be the case; therefore, she feels it would be better for the Board to appoint a committee. She stated that the ones who resigned could reapply and noted that the Board will need to determine how many people they want on the committee.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board directed the County Attorney, Mr. Sandy Minkoff, to come back to the Board with a Resolution creating a committee to do a small area study of the Mt. Plymouth/Sorrento urban node.

            It was suggested that the members of said committee be residents of the Mt. Plymouth/Sorrento area.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            PUBLIC WORKS - PARKS AND RECREATION REGIONAL PARK

            DEVELOPMENT GRANT PROGRAM - SLEEPY HOLLOW COMPLEX PROJECT

            Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that Tabs 35 and 36 (this request and the one following), under the County Manager’s Departmental Business, would be addressed together. He stated that Tab 35 involved a request for $150,000.00, for parks and recreation improvements for the Sleepy Hollow Complex project; and Tab 36 involved a request for $161,580.00, for parks and recreation facilities development and improvement, involving 13 projects. He requested approval of same, noting that staff would like to move forward with said projects.

            A motion was made by Commr. Stivender and seconded by Commr. Hill to approve a request from Public Works for approval for the Parks and Recreation Regional Park Development Grant Program project to be funded from the Infrastructure Sales Tax dollars and for the Chairman to execute the agreement submitted by the City of Leesburg, for parks and recreation improvements for the Sleepy Hollow Complex Project, in the amount of $150,000.00; and a request from Public Works for approval for the Parks and Recreation Capital Improvement Grant Program projects to be funded from the Infrastructure Sales Tax dollars and for the Chairman to execute the agreements for thirteen (13) projects submitted, totaling $161,580.00, for parks and recreation facilities development and improvement.

            Under discussion, Commr. Hanson stated that a regional park is needed for the Mt. Plymouth/Sorrento area and that she would like to get it on the back burner, for approval. She stated that, if through the process of the small area study a town center is developed, she feels that a small park, consisting of approximately 20 acres, would be good.

            Mr. Jim Myers, Finance Director for the City of Eustis and Chairman of the Lake County Parks and Recreation Advisory Committee, addressed the Board stating that, with regard to that issue, the direction the committee has received for the grant program is that, in the future, they were going to try to be looking at non-county facilities. He stated that some of the other projects that have been funded in the past were actually county facilities. He stated that it was explained to the committee that, in the future, an effort would be made to fund it from the Parks and Recreation budget from other funding sources.

            Mr. Sandy Minkoff, County Attorney, stated that sales tax monies can only be used for publicly owned facilities. He stated that it cannot be used by a community group.

            Commr. Hanson stated that what she was suggesting was purchasing a park, noting that there are no privately owned parks in the area.

            Mr. Bill Neron, County Manager, stated that this brings up the need for a Master Plan. He stated that he has made it a high priority for staff to pursue, noting that the County really needs to have a good overall plan, in conjunction with the cities.

            Mr. Myers informed the Board that he felt it was important to point out the fact that the Parks and Recreation Advisory Committee is excited about this program. He stated that it is the eighth year for the Capital Improvement Program and the fourth or fifth year for the Regional Facilities Program. He stated that it has turned out to be a win/win situation, noting that, if the Board looked at the list that has been provided to them, they would find that there are very few projects that have been recommended at the requested level, so what that means is that those projects are going to actually be completed with less county money and more matching money. He stated that approximately three years ago he did an analysis of the programs that have been funded at that time and found that there was a little more than a two to one match, noting that for every dollar that the County was putting up a little better than $2.00 of other funding was coming in. He stated that it has allowed them to put some new facilities in place that are open to the public that were very much needed.

            Commr. Pool stated that he felt the Parks and Recreation Advisory Committee was doing an admirable job in trying to be fair and figure out what the needs are and thanked them for their efforts.

            The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

            OTHER BUSINESS

            APPOINTMENT TO COUNTYWIDE SOLID WASTE STUDY COMMITTEE

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. John Benton to the vacant League of Cities position on the Countywide Solid Waste Study Committee.

            APPOINTMENT TO CITIZENS’ COMMISSION FOR CHILDREN

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board appointed Mr. Tony White as the Department of Children and Families representative on the Citizens’ Commission for Children.

            ADDENDUM NO. 1

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)

            PUBLIC WORKS - CHANGE ORDER TO CR 448 EXTENSION PROJECT

            Mr. Jim Stivender, Jr., Senior Director, Public Works, explained this request, stating that it was a request for approval of a Change Order for the site work and parking lot at the Groveland Library. He stated that the work will start immediately, noting that the site work on the building is scheduled to be completed in November of this year; however, the parking lot will probably not be completed by said date.

            On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and authorization to execute Change Order No. 4 to CR 448 Extension Project No. 2001-10, in the amount of $34,760.00, for site work and the parking lot at the Groveland Library.

            PUBLIC WORKS - CHANGE ORDER TO HUFFSTETLER DRIVE PHASE II

            CONSTRUCTION PROJECT

            Mr. Jim Stivender, Jr., Senior Director, Public Works, explained this request, stating that there were two situations occurring, with regard to this request, one being that staff came before the Board several months ago and requested additional money for the community centers in Paisley, Umatilla, and Montverde, but have since come up short. He stated that the buildings are under construction, but they do not have enough money to complete the site work on the centers. He noted that this should be the last time that they will have to come before the Board for any additional money for said projects.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval and authorization to execute Change Order No. 2 to Huffstetler Drive Phase II Construction Project No. 2002-11, in the amount of $166,971.00, for the site work relating to the Community Centers in Paisley and Umatilla; and approval of the budget transfer of $171,662.00 from Infrastructure Sales Tax - Roads to Infrastructure Sales Tax - Buildings, and $36,309.00 from Infrastructure Sales Tax - Special Reserve to Infrastructure Sales Tax - Buildings. The budget transfer includes an estimated not-to-exceed cost of $41,000.00 for the site work relating to the Community Center in Montverde that is not included in the $166,971.00 change order.

            REPORTS

            COMMISSIONER CADWELL - DISTRICT 5

            MEETINGS

            Commr. Cadwell stated that, in looking at the schedule of meetings for the Board of County Commissioners and what the Board has before them, he would suggest that, unless there is something pressing that needs to be addressed, the Board Meeting of October 8, 2002 be cancelled.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board cancelled the Board of County Commissioner’s Meeting scheduled for October 8, 2002.

            REPORTS

            COMMISSIONER HANSON - DISTRICT 4

            “CLEAN WATER ACT DAY” IN LAKE COUNTY RESOLUTION

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved Joint Proclamation No. 2002-144, between the Lake County Water Authority and the Lake County Board of County Commissioners, proclaiming October 18, 2002 as “Clean Water Act Day” in Lake County.

            REPORTS

            COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

            2002 WOMEN’S HALL OF FAME INDUCTEES

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved ratification of Ms. Bennye Motine Jones-Kinsler and Ms. Carmen Cullen as the 2002 Women’s Hall of Fame inductees, as selected by the Women’s Hall of Fame Committee.

            REPORTS

            COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

            RESOLUTION HONORING “36^TH” ANNIVERSARY OF LAKE COMMUNITY

            ACTION AGENCY, INC.

            On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-143, honoring the Lake Community Action Agency, Inc. on its “36^th” anniversary.

            REPORTS

            COUNTY ATTORNEY

            FLORIDA GOVERNMENTAL UTILITY AUTHORITY

            Mr. Sandy Minkoff, County Attorney, informed the Board that Senator Anna Cowin called him and requested that the Board pass a Resolution asking the FGUA (Florida Governmental Utility Authority) to give them the exact price of the consolidated utility system in Lake County so that they will have a basis for deciding whether to opt out, or to participate in the system. He stated that she feels, if the Board does nothing, FGUA will take it as if it is an election by the Board to participate. He stated that she suggested the Board request an additional 120 days, once they have been provided with said price, to give them a chance to evaluate whether or not it would be a good deal for the 20 systems that are in the consolidated group in Lake County. He stated that she also requested that, if the FGUA refused to give the Board said information, the County elect to opt out of the purchase of said system.

            Mr. Bill Neron, County Manager, informed the Board that, in doing research on the matter, he found there are 20 systems in the consolidated group in Lake County, ranging from 47 customers to 445. He stated that the City of Leesburg has expressed an interest in six of the systems, which accounts for approximately 1,900 of the 4,500 customers involved. He stated that the City of Groveland has also expressed an interest in three or four of the systems; however, he has not been able to determine exactly what systems they are interested in, to get the customers involved. He stated that he understands Senator Cowin’s concern, however, noted that some of the other counties are actually in the utility business and are interested in pursuing the purchase of the system, so the counties are more involved than Lake County is at this point in time. He stated that, while the Board can pass a Resolution and ask for the exact dollars for the systems, beyond that he was not sure what role the County might want to play, if the Board is not interested in getting into the utility business.

            Commr. Cadwell stated that he felt Senator Cowin’s concern is that the County would not have any standing, what-so-ever, if the Board did not at least indicate that it wants to know what the price is and then make an educated decision.

            Mr. Neron stated that no harm would be done in at least pursuing the request.

            Commr. Pool stated that he appreciated Senator Cowin’s involvement and willingness to help ensure that the citizens involved are treated fairly and equitably and that he felt her idea of a Resolution was a great idea.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda, for consideration.

            A motion was then made by Commr. Cadwell to direct the County Attorney to create a Resolution, for the Chairman to sign, stating that the Board would like to know the price of the consolidated system, so that they could make an educated decision regarding it.

            Commr. Hill questioned whether the Board needed a Resolution, or just a letter to an agency.

            Commr. Cadwell stated that he felt the matter could be handled by way of a letter to the Florida Governmental Utility Authority.

            Mr. Sandy Minkoff, County Attorney, stated that Senator Cowin’s recommendation was that, if they refused to give the Board said information, the County elect to opt out of the purchase and questioned whether that would be part of the motion.

            Mr. Neron questioned, if the County opted out, how it would affect the interest of the other cities, who are interested in pursuing some of the other systems.

            Mr. Minkoff stated that, if the County is not part of the purchase, Florida Water Services would still own the 20 systems in Lake County and they would have to approach Florida Water Services directly, rather than the FGUA.

            Commr. Stivender clarified that it would take the County out of the middle of it, if the Board opted out.

            Commr. Pool stated that there would be an opportunity for them to come forward and negotiate with the cities.

            Mr. Minkoff stated that the Board could assume that would occur, but could not be sure of it.

            Commr. Cadwell stated that he was not sure he would be comfortable with that language, noting that he feels it would close some of the County’s opportunities. He stated that handling it by way of a letter from the Board, rather than by a Resolution, would be fine with him; therefore, he amended his motion, to have the Board direct Commr. Pool, Chairman, to send a letter to the FGUA (Florida Governmental Utility Authority), on behalf of the Board, requesting the information alluded to by Mr. Minkoff, with regard to the consolidated utility system in the County, so that they will have a basis for deciding whether to opt out, or to participate in the system, and that they not enter into an agreement until the Board has been provided with said information.

            Commr. Stivender seconded the motion.

            The Chairman called for a vote on the motion, as amended, which was carried unanimously, by a 5-0 vote.

            ADDENDUM NO. 1

            REPORTS (CONT’D.)

            COMMISSIONER POOL - CHAIRMAN AND DISTRICT 2

            On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from the Harris Chain of Lakes Restoration Council for funding, in the amount of $5,000.00, utilizing funds from the Growth Management Department.

            CITIZEN QUESTION AND COMMENT PERIOD (CONT’D.)

            Mr. William Deckman, a resident of Lake County, informed the Board that, during the last Board of County Commissioner’s Meeting, Commr. Pool stated the Board would answer any questions the people attending the meeting had; however, he felt the Board swept everything under the rug and did not answer all the questions that were asked. He questioned what the County planned to do in the Lake Mack area, with regard to the roads being flooded.

            Mr. Deckman was informed that Mr. Jim Stivender, Jr., Senior Director, Public Works, would be asked at the public hearing scheduled for later this evening, regarding adoption of the final budget for the County, to inform the Board as to how the problem will be resolved.

            Mr. Deckman stated that he had also inquired about the costs and the overruns for the fire house in Astor, but was not given an answer.

            Mr. Bill Neron, County Manager, informed the Board that he would be providing them with a report on the matter at a later date and would be providing Mr. Deckman with said information, as well.

            REPORTS

            COMMISSIONER CADWELL - DISTRICT 5

            LETTER FROM DIRECTOR OF LAKE-SUMTER EMERGENCY MEDICAL

            SERVICES REGARDING FIREFIGHTERS UNION

            Commr. Cadwell informed the Board that they would be receiving a letter from Mr. Jim Judge, Director, Lake-Sumter Emergency Medical Services, in response to a letter that was brought forward by the Firefighters Union. He stated that, if the Board had any questions regarding the matter, Mr. Judge would be available to answer them. He noted that some of the County’s employees were getting calls from the Firefighters Union stating that the County was going to take over the EMS services, which has hurt morale and caused some problems with EMS over the past couple of weeks.

            No action was taken at this time.

            RECESS AND REASSEMBLY

            At 11:50 a.m., the Chairman announced that the Board would recess until 5:05 p.m., for the public hearing to adopt the Final Budget.

            PUBLIC HEARING

            ADOPTION OF THE FINAL BUDGET

            Mr. Bill Neron, County Manager, informed the Board that a tentative budget for Fiscal Year 2003 of $278,460,816.00 was approved by the Board September 3, 2002, and that the tentative millage rates approved at that time are as follows:

General Fund                                                                          5.967 (General Fund: 5.117)

                                                                                                            (Solid Waste Transfer: .85)

Lake County Ambulance & Emergency Services MSTU       .5289

Stormwater Management MSTU                                            .400

Aggregate                                                                               6.733

            Mr. Neron stated that the County Budget is in balance and the total is $278,460,816.00. He stated that, subsequent to the First Public Hearing, the Board of County Commissioners held a budget workshop on September 10, 2002, and, during that meeting, Commissioners identified further reductions in the General Fund and Solid Waste budgets, which could reduce the millage by .05, for a new aggregate rate of 5.917 mills. He stated that reductions of $148,266.00 in the Solid Waste budget would mean the millage rate necessary to fund the Solid Waste transfer part of the budget would be reduced from .85 to .83 mills. He stated that further cuts in the General Fund budget on September 10, 2002 tentatively reduced the General Fund countywide millage to 5.087. A net of $1,071,693.00 in General Fund expenditure cuts were listed, which would add to the Reserve for Contingency account. He stated that staff identified $196,734.00 in additional rebudgets, and two accounts were placed in a special reserve: $175,000.00 for a South Lake clinic and $250,000.00 for the small business program at Lake-Sumter Community College. He noted that the Board’s backup material for this budget hearing contained a table showing their actions at the September 10, 2002 Board Meeting, recounting the millage rates that he just covered. He stated that, at the Final Public Hearing, the Board may adopt these changes or propose further changes, prior to adopting the final millage rate and the final budget. He stated that the Tentative and Final Budget were on file in the Office of the Clerk of Courts, County Finance Department, as a public record. He expressed his appreciation to the Board, the Constitutional Officers, Department and Office Directors, and the staff of the Budget Office for all their hard work and professional efforts in assisting him over the past several months, in putting this proposal together for the Board’s consideration.

            Mr. Neron stated that the final public hearing is for the purpose of amending and adopting the Final Budget, recomputing the proposed millage rate, if necessary, and publicly announcing the percent by which the recomputed proposed millage rate exceeds the rolled back rate. He stated that the increase in this budget over the prior year’s budget provides continuing and additional services in the areas of public safety, solid waste management, and stormwater management.

            Mr. Riek Ranize, a resident of Leesburg, addressed the Board stating that he has been a resident of Lake County since 1968 and that he worked for the Sheriff’s Office for 14 ½ years, however, noted that he left the Sheriff’s Office in 2000. He stated that he had written a letter to the Board addressing some concerns he had about the Sheriff’s budget in July of this year and was present this date to reaffirm what he stated in said letter. He stated that the deputies, the Corrections Officers, and the people who work for the Sheriff need and deserve a raise; however, he feels the Sheriff’s budget is out of control and the Sheriff needs to take control of it, which he elaborated on.

            Ms. Sue Harrelson, a resident of Astor, addressed the Board stating that she was present to encourage the Board to review alternative cuts, other than staffing and operational hours for Library Services. She stated that inflation and changes in public attitude toward government spending has brought intense pressure on the budget process this year. She questioned whether there was any way of developing a permanent, dedicated source for the County’s Library System, so that the County is not faced with this dilemma year after year and whether there would be any support for the libraries from the Florida Legislature, under the State Aid to Libraries Operating Grant Program. She also questioned whether the libraries would be receiving any aid from the State this year and was informed that the County has received several grants from the State and would actively pursue any available grant funding.

            Mr. Scott Stillwell, a resident of Leesburg, addressed the Board stating that he was representing (MHC) Manufactured Homes Communities, Inc., who owns Mid-Florida Lakes Yacht Club, Grand Island Resort, and Seven Palms RV Park. He stated that his question dealt with solid waste assessments, noting that MHC is defined as a commercial enterprise and he wondered whether the County planned to assess all commercial enterprises.

            Mr. Neron stated that it was a complicated matter and suggested that Mr. Stillwell meet with Mr. Bill Gilley, Senior Director, Solid Waste Management Services, regarding it. He noted that the Board had already approved the solid waste assessments at an earlier public hearing.

            Ms. Beverly Wells, a resident of Paisley, addressed the Board and urged them not to cut the services of the people who live in Paisley. She stated that, when they consider their contribution to society, many of them look at the dollar amount listed on their tax bill, but community life has more aspects than dollars and cents; therefore, the Board should consider their overall contributions and their ability to pay. She stated that, when considered as a percentage of income on net worth, a bill takes on a different perspective. She stated that, while it is said that the poor will always be among them, is it necessary to make their plight worse, by reducing the services that might help a few break out of the cycle of poverty. She stated that the benefit of maintaining services is keeping experienced employees, noting that there are savings by not having to find new employees and train them later.

            Mr. Roy Hunter, a resident of Paisley and President of the Northeast Lake Chamber of Commerce, addressed the Board stating that they assume there will not be any further cuts than what was noted at the last Board Meeting for not only Library Services, but all services. He submitted, for the record, a stack of petitions from residents in Lake County who feel that cutting any library services would be a mistake. He stated that he regretted hearing about the firing of Ms. Kathleen Thomas, noting that he thought she was a very good employee.

            Ms. Martha Munch, a resident of Leesburg, addressed the Board stating that she was a volunteer with the Lake County Sheriff’s Office. She asked the Board to give the Sheriff any support they could, noting that she feels the Sheriff manages his budget very well.

            Ms. Hillary Knepper, a resident of Eustis, addressed the Board and reminded them about the 1944 State of the Union Address by President Franklin Roosevelt, in which he talked about what has been called the Second Bill of Rights and its social and economic guarantees that he felt were important for a community to be able to provide, such as the right to a good education, the right to earn enough to provide adequate food, clothing, shelter, and recreation for one’s family, the right to adequate medical care, the right to a decent home, the right to a useful and remunerative job, and the right to adequate protection from the economic fears of old age, sickness, unemployment, and accidents. She stated that these were some important things that she wanted the Board to think about. She stated that she fully supports the tax increase, because she feels the County needs it, noting that it is a rapidly growing community. She stated that she does not use a lot of the services that her tax dollars pay for, but she is ok with it, because they make her community a better place to live. She asked the Board not to discount what the voters are thinking in their homes, noting that not everybody can come to the meetings to tell the Board what they think. She stated that they are a lot smarter than what the newspapers often give them credit for. She asked the Board not to underestimate them, noting that their taxes are not that bad.

            Ms. Destiny Finch, a resident of Paisley, addressed the Board stating that she recently became aware of the fact that the Board was thinking of cutting the library services staff. She stated that she feels it would be a big mistake to shut down any of the libraries in the County, at which time she submitted, for the record, petitions from 126 residents in the County who feel the same way.

            Ms. Tonya Stamp, a resident of Deland, addressed the Board stating that she, too, felt it would be a big mistake to cut any library services. She stated that she and other parents were willing to fight for the libraries to stay open, noting that the libraries have benefitted the children and the parents, as well.

            It was noted that, although Ms. Stamp’s address is listed as Deland, she is a Lake County resident.

            Mr. Ray Gilley, a resident of Clermont and President/CEO of the Metro Orlando Economic Development Commission, addressed the Board stating that he was present to speak to them on behalf of the Metro Orlando Economic Development Commission, as well as the people of Lake County and its partnership with the Metro Orlando Economic Development Commission, which he noted is a four county and City of Orlando regional marketing and business development arm for this region. He stated that they have to compete for high wage, high value job opportunities that will not come, unless they compete successfully against the likes of Tampa and Jacksonville, as well as Raleigh-Durham, North Carolina, etc. He stated that one of the ways they compete successfully is through creating a healthy business climate, which is where the Board comes in, making sure the County has the infrastructure to support business growth, not only for attraction, but for helping existing businesses grow. He stated that there is no other group in this region that does what they do, which is market Metro Orlando, including Lake County, to the world, for the attraction of film and television investments, for the promotion of international trade, where companies can sell their products broadly throughout the world, for technology development, and for corporate headquarters. He stated that the average wage for Lake County is a little less than $26,000.00 and a little less than $30,000.00 for the region. He stated that, when compared against the wages in Raleigh-Durham, at $44,000.00 per year, Lake County has a way to go. He stated that the four counties and the City of Orlando are partnering together to create and support a single voice for economic growth and prosperity in the region, to help companies decide to expand or relocate in Metro Orlando, including Lake County. He stated that Lake County has a tremendous amount of leveraging and the Metro Orlando Economic Development Commission works hard to add value to this community. He stated that 25% of the County’s work force commute to jobs outside the County every day. He stated that good jobs close to where people live is something that government can help impact, noting that it is a desired service that all the citizens and voters in the County would like the Board to consider and do something about, if they can. He stated that nobody wants taxes, however, noted that residents in Orange County pay substantially more in collective taxes and fees than those residents in Lake County. He stated that it is a big misconception that residents in Lake County pay higher property taxes and fees, overall, than in other counties.

            Mr. D. J. Mauro, a resident of Mt. Dora, addressed the Board regarding a concern he had about his property assessment increasing dramatically this year over what he paid for the home two years ago. He stated that he felt it was time Florida had a Proposition 13, noting that one is only taxed at 1% of what one pays for a home and the Property Appraiser cannot raise one’s taxes more than 2% per year.

            Commr. Pool informed Mr. Mauro that the purpose of this meeting was to discuss the County’s budget and referred him to Mr. Frank Royce, Chief Deputy, Property Appraiser’s Office, for assistance, with regard to his assessment.

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

            Commr. Stivender stated that, at the previous Board Meeting, Commr. Cadwell brought up the issue of the Sheriff cutting $700,000.00 out of his budget, at which time she noted that the Sheriff has been working on his budget and has come up with some additional cuts, which she would like for him to review with the Board.

            Sheriff George Knupp addressed the Board stating that he discussed his budget with the Commissioners individually and feels that he has gotten it to the point where it needs to be. He informed the Board of several positions that he cut from his budget, which he noted allows him to give his employees the $1,000.00 pay increase that the County will be giving its employees.

            Commr. Cadwell stated that he appreciated the Sheriff’s cooperation in this matter, at which time he noted that the cuts the Sheriff alluded to would amount to a 20% reduction in his requests for this year, or a 1% reduction in his entire budget, amounting to an approximate $300,000.00 reduction.

            A motion was made by Commr. Cadwell and seconded by Commr. Hanson to approve Resolution No. 2002-146, adopting a final millage rate of 5.917 mills for Lake County for Fiscal Year 2003.

            Under discussion, Commr. Hanson stated that most of the increase in this year’s budget is for solid waste. She stated that the County has had significant reductions in revenues, as well, noting that the Jail is not bringing in the same amount of revenue as it has in the past, which will affect the budget, and the County has more and more unfunded mandates that it has to provide for. She stated that the County also approved a senior citizens’ exemption a couple of years ago, which effects the budget by approximately $300,000.00 to $400,000.00 per year, and the intangible tax effected the revenues that the County no longer receives. She stated that she feels the County will continue to see a demand for enhanced level of services and the County is growing much more rapidly residentially than it is industrially; therefore, she feels that light industry is something the County needs to address, as well as its investment in the Economic Development Commission. She stated that she felt it was important to point out that the Board is enforcing the County’s comprehensive plan, noting that, during the past four years, the Board approved 25% fewer new lots than the four years prior and the four years prior to that it was 82% lower than the previous four years. She stated that she feels it is important that the Board continue to look at the number of residents that they approve, in comparison to economic development and the promotion of light industry. She stated that, until the County can get more light industry to come into the County and keep more of its workers in the County, with higher paying jobs, it is going to be more and more expensive for the County to provide for enhanced services. She stated that the County is caught in a tough situation and she feels the Board has done very good, along with the Constitutional Officers, in keeping the budget as low as it is. She stated that she feels the Board has been doing a very good job managing the dollars for the County.

            Commr. Cadwell stated that nobody likes a tax increase; however, he noted that the position the County is in, with regard to solid waste, has forced an increase. He stated that he hoped the majority of the Board would support the budget, as presented, noting that he feels it is the thing to do.

            The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.

            Commrs. Pool and Stivender voted “No”.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2002-147, adopting a final millage rate of 0.5289 mills for the Lake County Municipal Services Taxing Unit for Ambulance and Emergency Medical Services for the unincorporated and incorporated area of Lake County for Fiscal Year 2003.

            A motion was made by Commr. Hanson and seconded by Commr. Cadwell to approve Resolution No. 2002-148, adopting a final millage rate of 0.400 mills for the Stormwater Management Municipal Services Taxing Unit for the unincorporated area of Lake County for Fiscal Year 2003.

            Under discussion, Commr. Pool stated that he felt, if the millage rate went to the rolled back rate of .290 mills, rather than .400 mills, it would equal the same amount of dollars to the taxpayers of Lake County. He stated that his preference would be the rolled back rate of .290 mills. He then called for a vote on the motion, which was carried, by a 4-1 vote.

            Commr. Pool voted “No”.

            A motion was made by Commr. Cadwell and seconded by Commr. Hanson to change the $700,000.00 reduction in the Sheriff’s budget to $300,000.00, noting that said monies will come out of the Reserves account and go back into the Sheriff’s budget. He noted that $400,000.00 would actually go back into the Sheriff’s budget, which would equate to a $300,000.00 decrease.

            Mr. Sandy Minkoff, County Attorney, questioned whether the motion was to adopt the entire list, as presented, with said change, and was informed that it was.

            The Chairman called for a vote on the motion, amending the Final Budget, which was carried, by a 4-1 vote.

            Commr. Pool voted “No”.

            Commr. Cadwell clarified the fact that the list did not include any reduction in Library Services, other than what was previously discussed.

            Commr. Hanson stated that, in the meantime, she understands that throughout the next year the County Manager will continue to look for other reductions in the operation.

             On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, by a 4-1 vote, the Board approved Resolution No. 2002-149, adopting a Final Budget of $278,064,316.00 for Lake County for Fiscal Year 2003.

            Commr. Stivender voted “No”.

            ADDENDUM NO. 1

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

            COMMUNITY SERVICES - INTERLOCAL AGREEMENT BETWEEN LAKE

            COUNTY, CITY OF CLERMONT, AND COOPER MEMORIAL LIBRARY

            ASSOCIATION, INC.; AND INTERLOCAL AGREEMENT BETWEEN LAKE

            COUNTY AND CITY OF LEESBURG RELATING TO PROVISION OF LIBRARY

            SERVICES

            Mr. Bill Neron, County Manager, informed the Board that staff held a request for approval of Interlocal Agreements between Lake County, the City of Clermont, and the Cooper Memorial Library Association, Inc., until after the Final Budget was adopted. He stated that, now that the Final Budget has been adopted, staff was recommending that the Interlocal Agreements be approved.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried, by a 4-1 vote, the Board approved a request from Community Services for approval and signature authorization on an Interlocal Agreement between Lake County, the City of Clermont, and the Cooper Memorial Library Association, Inc., relating to the provision of library services; and a request for approval and signature authorization on an Interlocal Agreement between Lake County and the City of Leesburg, relating to the provision of library services, pending County Attorney review and approval.

            Commr. Hill voted “No”.

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 6:15 p.m.

                                                                                    ________________________________

                                                                                    ROBERT A. POOL, CHAIRMAN

ATTEST:

________________________________

JAMES C. WATKINS, CLERK

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