A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 7, 2003

            The Lake County Board of County Commissioners met in regular session on Tuesday, October 7, 2003, 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: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Jennifer Hill and Robert A. Pool. Commissioner Catherine C. Hanson was not present. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            AGENDA UPDATE

            Commr. Cadwell stated that there is an Addendum to today’s Agenda.

            Mr. Bill Neron, County Manager, requested the following: that Tab 16, regarding a bass tournament, be pulled and rescheduled for a later date; a short presentation will be made on Tab 22; revise the budget transfer amount on Tab 33 from $150,000 to $158,000; and pull Tab 34, regarding Ms. Marvel Zona’s Howey Mansion, which will be rescheduled for a later meeting when Commr. Hanson can be present.

            Commr. Hill requested that Tab 6 be pulled for a comment.

            Commr. Cadwell stated that, under his business, he would like to add a request from the Tax Collector to certify the interim assessment roll.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board placed a request from the Lake County Tax Collector regarding the interim assessment roll on today’s Agenda.

            MINUTES

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of July 15, 2003, Regular Meeting; July 22, 2003, Regular Meeting; August 19, 2003, Regular Meeting; August 26, 2003, Regular Meeting; September 2, 2003, Regular Meeting; September 8, 2003, Special Meeting; and September 9, 2003, Regular Meeting; as presented.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 25, for the following requests:

            Bonds - Contractor


            Contractor Bonds - New, Riders, and Cancellations, as follows:


            New

             402-04            Robert D. Boone/Boone Sign Erection and Service Inc.

            1922-05          Orin G. Cooper II dba Mid-State Plumbing, Inc.

            3096-04          Terry Ross dba Ross Plumbing

            4016-04          Dennis M. Harney dba Harney Aluminum

            4161-04          John O’Kelley dba O’Kelley Homes, Inc.

            4220-04          Connie Martin/C.L. Martin Roofing, Inc.

            4407-04          Charles E. Binder dba Binder Plumbing

            4488-04          William F. Alderton dba Florida Air & Heat Inc.

            4559-04          Rodney Reisman dba Eustis Roofing Co., Inc.

            4718-04          Robert C. Arft/Arft’s Electric, Inc.

            4804-04          James F. Chaffee/D & J Electric Company Inc.

            4819-04          Robert M. James/Bob James Electric, Inc.

            4849-04          Larry D. New/Economy Electric

            4938-04          Theodore A. Mapes Jr/Mapes Roofing Company, Inc.

            4989-04          Jerry Smith dba Jerry Smith Electric, Inc.

            5008-04          Tommy B. Boles/Sync Plumbing, Inc.

            5136-04          Perry Hambrick dba Hambrick’s Concrete/Masonry

            5193-04          Billy Ray Hall dba Bill Hall’s Plumbing

            5232-04          David Rauh/Brierhill Homes, Inc. (Class C Residential)

            5253-04          Ronald E. Troutman (General Contractor)

            5382-03          Emerson J. Kelly (Electrical)

            5383-04          Alan D. Brotz/Swim Systems, Inc. (Electrical Contractor)

            5573-04          John Cadwell/Affordable Roofing by John Cadwell, Inc.

            5633-04          Ricky Wayne Jarvis/Mechanical Refrigeration, Inc. (A/C Conditioning-Class A Mechanical Contractor)

            5655-04          Keith L. Smith dba K..S. Electric of South Florida

            5683-05          John Wetzel/Advanced Water Shapes by Nat (Swimming Pool Instal)

            5690-04          Richard Lee Perkins/Pro-Line Electric, Inc.

            5693-04          Matthew Reisman dba Reisman Construction, Inc. (General)

            5737-04          Dennis Guinn, Guinn’s Electric

            5779-03          Jerry Fusco dba Construction By Home Sweet Homes, Inc.

            5869-04          Laurier A. Poirier, III/Direct Electric, Inc.

            5871-04          Tobias H. Wetzel II/Smith’s Air Conditioning and Electric, Inc.

            5882-04          Nathan D. Howell/Four Seasons Gas Services, Inc. (Gas Piping)

            5920-04          James E. Jacobs dba Agape Irrigation

            6048-04          Mark S. MacDonald/Water Systems Irrigation Specialists of Florida Inc.

            6068-04          Joseph H. Peterman/Live Wire Electrical Contracting, Inc.

            6076-04          Larry K. Dobson/Dobson’s Woods & Water, Inc. (Irrigation)

            6108-04          Haim Scwartz/Live Electric, Inc.

            6123-04          Scott G. Russell dba Scott Russell Electric

            6124-03          Salvatore S. Arcidiacono/S & S Irrigation

            6126-04          James J. Janego dba Pride Electric

            6128-04          Curtis D. Kroeplin dba Kroeplin Irrigation

            6129-04          Timothy Mercer dba Mercer Electric

            6130-04          Thomas Curley dba Southern Dock Design, Inc.


            Rider

            6126-04          Principal Name Changed from: James J. Janego dba Pride Electric to: James J. Janego/Pride Electric of Central Florida, Inc.


            Cancellations

            5669-02          Bernd B. Schulze and Quinco Electrical, Inc.

            5793-02          Charles Darrell Melton d/b/a Bailey Industries, Inc.

            5795-03          Calvin Andes & James Rabun d.b.a. Walters Electric LLC


            List of Warrants


            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.


            Monthly Distribution of Revenue Traffic/Criminal Cases


            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending August 31, 2003. Disbursements due to Board: $166,190.07. Same period last year: $146,471.67


            Lands Available for Taxes List


            Request to acknowledge receipt of property placed on the Lands Available for Taxes List on August 26, 2003.


            Lake County Legislative Delegation


            Request to acknowledge receipt of Notice of Public Hearing From the Florida Senate to Whom It May Concern: Notice is Hereby Given - The Lake County Legislative Delegation will hold a Public Hearing on Friday, October 10, 2003. The hearing will take place from 1:00 p.m. until 5:00 p.m., in the Auditorium of Lake-Sumter Community College, at 9501 U.S. Highway 441, in Leesburg. The Delegation will hear testimony from the public on matters of statewide concern. The Delegation will also consider all local bills that have been properly drafted and filed with the office of Senator Anna Cowin before 5:00 p.m., on Wednesday, October 1, 2003 - To be placed on the agenda, or for more information on local bill requirements, please call Alex Kelly, or Anne-Marie Norman, in Senator Cowin’s office, at (352)315-9335. If you plan to speak, 10 copies of all background materials and information must be received by Senator Cowin’s office, at 716 West Magnolia Street, Leesburg, Florida 34748, by Monday, October 6, 2003.


            Southwest Florida Water Management District - Minutes


            Request to acknowledge receipt of Minutes of the June 24, 2003 Meeting of the Governing Board of the Southwest Florida Water Management District.


            Southwest Florida Water Management District Governing Board - Agenda


            Request to acknowledge receipt of Agenda for the Southwest Florida Water Management District Governing Board Meeting scheduled for August 26 and 27, 2003.


            City of Mascotte - Annexation Ordinances


            Request to acknowledge receipt of Annexation Ordinances from City of Mascotte, as follows: Ordinance No. 190 - Passed, adopted and ordained on the 8th day of June 1987. Ordinance No. 191 - Passed, adopted and ordained on the 10th day of August 1987. Ordinance No. 201 - Passed, adopted and ordained on the 13th day of June 1988. Ordinance No. 202 - Passed, adopted and ordained on the 13th day of June 1988. Ordinance No. 219 - Passed, adopted and ordained on the 12th day of February 1990. Ordinance No. 228 - Passed, adopted and ordained on the 12th day of August 1991. Ordinance No. 240 - Passed, adopted and ordained on the 9th day of August 1993. Ordinance No. 242 - Passed, adopted and ordained on the 9th day of August 1993. Ordinance No. 251 - Passed, adopted and ordained on the 8th day of November 1993. Ordinance No. 253 - Passed, adopted and ordained on the 14th day of March 1994. Ordinance No. 255 - Passed, adopted and ordained on the 11th day of April 1994.


            Southwest Florida Water Management District - FY 2004 Board Meeting Calendar


            Request to acknowledge receipt of Southwest Florida Water Management District’s Fiscal Year 2004 Board Meeting Calendar and a map depicting the District’s boundaries, per the requirements of Chapter 189, Florida Statutes.


            Southwest Florida Water Management District - Public Input Meetings


            Request to acknowledge receipt of Memorandum from the Southwest Florida Water Management District Noticing Public Input Meetings for Update to Schedule for Establishment of Minimum Flows and Levels, as follows: Monday, September 15, 2003, at the District’s Tampa Service Office (7601 Highway 301 North), and Wednesday, September 17, 2003, at the District’s Sarasota Service Office (6750 Fruitville Road). The purpose of the meetings is to receive input on the revised Priority Schedule for the establishment of Minimum Flows and Levels (MFLs). The draft schedule for 2004 will be available on the District website (watermatters.org) no later than September 2, 2003. Written comments are also welcome and can be submitted to Terry Johnson, Planning Manager in the District Planning Department via mail or email (terry.johnson@swfwmd.state.fl.us) no later than September 18, 2003.


            Town of Lady Lake - Ordinances


            Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake: Ordinance No. 2003-16, Ordinance No. 2003-17 and Ordinance No. 2003-18 passed, ordained and approved in Regular Session of the Town Commission of the Town of Lady Lake, Florida, on the 7th day of July 2003. Ordinance No. 2003-20, Ordinance No. 2003-21 and Ordinance No. 2003-22 passed, ordained and approved in Regular Session of the Town Commission of the Town of Lady Lake, Florida, on the 4th day of August 2003.


            Florida Public Service Commission - Notice of Application and Order


            Request to acknowledge receipt of the following notice before the Florida Public Service Commission - In re: Application for transfer of facilities and Certificate Nos. 466-W and 400-S from Pennbrooke Utilities, Inc. to Utilities, Inc. of Pennbrooke, in Lake County. Docket No. 030236-WS, Order No. PSC-03-1000-PAA-WS, Issued: September 5, 2003 - Order Approving Transfer and Notice of Proposed Agency Action Order Establishing Rate Base for Purposes of the Transfer, and Establishing a Reclaimed Water Class of Service at a Zero Rate for the Pennbrooke Fairways Golf Course. Any party adversely affected by the Commission’s final action in this matter may request: (1) reconsideration of the decision by filing a motion for reconsideration with the Director, Division of the Commission Clerk and Administrative Services, within 15 days of the issuance of this order, in the form prescribed by Rule 25-22.060, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas, or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility, by filing a notice of appeal with the Director, Division of the Commission Clerk and Administrative Services, and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within 30 days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure.


            Florida Public Service Commission - Notice of Cancellation of Hearing


            Request to acknowledge receipt of the following notice before the Florida Public Service Commission - Notice of Cancellation of Hearing to Lake Utility Services, Inc., City of Clermont, Ames Holdings, LLC, Et Al, Hartwood Properties, Inc., Et Al, and All Other Interested Parties - Re: Docket No. 020907-WS. Application for Amendment of Certificate Nos. 496-W and 465-S to Extend Water and Wastewater Service Areas in Lake County by Lake Utility Services, Inc. Issued: September 5, 2003 - Notice is hereby given by the Florida Public Service Commission that the hearing regarding the application of Lake Utility Services, Inc., for an amendment of its certificates to extend water and wastewater service areas in Lake County, which was to have occurred at 10:00 a.m., Tuesday, September 9, 2003, at the Clermont Woman’s Club, 655 West Broome Street, Clermont, FL 34711, has been cancelled. Wednesday, September 10, 2003, had also been reserved for continuation of the hearing, if needed. If rescheduled, a subsequent Notice of Hearing will be issued.


            Deer Island Community Development District - Public Meeting Schedule


            Request to acknowledge receipt of Public Meeting Schedule for the Board of Supervisors of the Deer Island Community Development District for Fiscal Year 2004 and District Map , as required, in accordance with Chapter 189, Florida Statutes.


            City of Mascotte - Annexation Ordinance


            Request to acknowledge receipt of Ordinance No. 2003-08-331, from the City of Mascotte, annexing 26.38 acres comprising Tract 1, Bluff Lake Estates, Section 11, Township 22 South, Range 24 East, into the City of Mascotte, upon the voluntary petition of the owner of all of the property within the area to be annexed, filed with the City of Mascotte, by Active Holdings, LLC - Passed and adopted by the City Council of the City of Mascotte, Lake County, Florida, at a Regular Council Meeting the 25th day of August, 2003.


            City of Mascotte - Annexation Ordinances


            Request to acknowledge receipt of the following Notices of Voluntary Annexation and Proposed Enactment of Annexation Ordinances from the City of Mascotte: Ordinance No. 2003-09-335 - Providence of Central Florida, Ltd. Ordinance No. 2003-08-333 - Robert L. & Venita Grindrod. Ordinance No. 2003-09-337 - Richard and Debra Hoffman.


            Village Center Community Development District - FY 2003-04 Budget


            Request to acknowledge receipt of the adopted budget for the Village Center Community Development District for the Fiscal Year 2003-04, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.


            Lake County Water Authority - Draft Tentative Budget 2003-2004


            Request to acknowledge receipt of the Lake County Water Authority’s DRAFT Tentative Budget 2003-2004.


            City of Mascotte - Annexation Ordinance


            Request to acknowledge receipt of City of Mascotte annexation Ordinance No. 2003-08-331. Passed and Adopted by the City Council of the City of Mascotte, Lake County, Florida, at a Regular Council Meeting the 25th day of August 2003.


            St. Johns River Water Management District - Public Hearing


            Request to acknowledge receipt of Received a Notice of Public Hearing - The St. Johns River Water Management District announces a Public Hearing to which all persons area invited, Wednesday, September 24, 2003 at 4 p.m., to approve the District’s Florida Forever Work Plan Annual Update. The meeting will be held at the District Headquarters at 4049 Reid Street, Palatka, FL 32177.


            Lands Available for Taxes List


            Request to acknowledge receipt of property placed on the Lands Available for Taxes list on September 9, 2003.


            Florida Public Service Commission - Notice of Hearing


            Request to acknowledge receipt of Florida Public Service Commission - Notice of Hearing to Lake Utility Services, Inc.; City of Clermont; Ames Holdings, LLC, et al.; Hartwood Properties, Inc., et al.; and All Other Interested Persons. - Re: Docket No. 020907-WS - Public Hearing: 10:00 a.m., Tuesday, September 9, 2003, Clermont Woman’s Club, 655 West Broome Street, Clermont, Florida 34711. Wednesday, September 10, 2003, has also been reserved for continuation of the hearing if needed.


            Satisfactions of Judgment


            Request for approval and execution of the three following Satisfactions of Judgment:


            In the interest of Eric Eugene Marshall, Case No. 198400360CJ and 198400423CJ, in consideration of the sum of $150.00, fully releasing and discharging the Final Judgment against Eric Eugene Marshall and Ollie Marshall, entered July 27, 1984, and recorded in O.R. Book 814, Page 512, of the Public Records of Lake County, Florida.


            In the interest of Eric Eugene Marshall, Case No. 198400958CJ in consideration of the sum of $150.00, fully releasing and discharging Final Judgment against Eric Eugene Marshall and Ollie Marshall, entered into on December 26, 1984, and recorded in OR Book 826, Page 1425, of the Public Records of Lake County, Florida.


            In the interest of Edward Daryl Marshall, Case No. 198400431CJ in consideration of the sum of $150.00, fully releasing and discharging Final Judgment against Edward Daryl Marshall and Ollie Marshall, entered on July 30, 1984, and recorded in OR Book 814, Page 1046, of the Public Records of Lake County, Florida.


            Pine Island Community Development District - Petition for Establishment


            Request to acknowledge receipt of Petition for Establishment of the Pine Island Community Development District.


            Satisfaction and Release of Fines


            Request for approval and execution of the three following Satisfaction and Release of Fines:


            Fully release and discharge Judgment-Debtors, AJ Petroleum Group, LLC, and Lloyd M. Bellis, Trustee, from any claims, demands, causes of action and judgments arising to of the Order of Fine, in the amount of five thousand five hundred dollars ($5,500.00), dated July 22, 2003, and recorded in the Official Records Book 2384, Pages 897 through 899, of the Public Records of the Clerk of Court of Lake County, Florida, on August 15, 2003.


            Fully release and discharge Judgment-Debtors, AJ Petroleum Group, LLC, and Joann L. Neuman Revocable Family Trust, from any claims, demands, causes of action and judgments arising to of the Order of Fine, in the amount of one thousand dollars ($1,000) dated July 22, 2003, and recorded in Official Records Book 2384, Pages 900 through 902, of the Public Records of the Clerk of Court of Lake County, Florida, on August 15, 2003.


            Fully release and discharge Judgment-Debtors, AJ Petroleum Group, LLC, and Sam and Floranse Mansour from any claims, demands, causes of action and judgments arising to of the Order of Fine, in the amount of three thousand dollars ($3,000.00) dated July 22, 2003, and recorded in Official Records Book 2384, Pages 903 through 905, of the Public Records of the Clerk of Court of Lake County, Florida, on August 15, 2003.


            COUNTY MANAGER’S CONSENT AGENDA


            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 27 and Addendum No. 1 I. A. 1., pulling Tab 6 for discussion, pulling Tab 16 which will be rescheduled, and noting a presentation will be made on Tab 22, for the following requests:


            Budget and Administrative Services - Budget


            Request for Budget transfer - Pollution Recovery Fund, Environmental Services Department, Water Management Division, in the amount of $17,150.00 is requested. Transfer $17,150.00 from Special Reserve to Repair and Maintenance ($850.00), Office Supplies ($4,050.00), Operating Supplies ($2,300.00), Improvements Other Than Buildings ($1,600.00) and Machinery & Equipment ($8,350.00). Need to repair backup equipment; purchase lab shelving and flat-screen monitors for limited spaces; purchase lab operating supplies; replace shed that is beyond repair; replace obsolete equipment; and pay deductible for lost hydrolab. Funds available in Special Reserve.


            Request for approval of request from the Clerk’s Office for payment of Criminal Court costs for August 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $36,770.00.


            Request for Budget transfer - Sales Tax Capital Projects Fund, Public Works Department, Capital Projects Division, Capital Construction Section, in the amount of $1,125,000.00 is requested. Transfer $1,125,000.00 from Buildings to Improvements Other Than Buildings. County Finance has determined that this project should be classified as Improvements Other Than Buildings due to the change in the scope of the project. Funds available in Buildings.


            Request for Budget transfer - General Fund, Public Works Department, Special Services Division, Jail Maintenance Section, in the amount of $15,000.00 is requested. Transfer $15,000.00 from Reserve for Operations to Improvements Other Than Buildings. Funds needed to demolish the Sheriff’s Ruby Street radio communication tower and to complete a study to provide engineered drawings for the rebuilding of a tower on this site. This is Phase 1. The current radio communication tower on the Sheriff’s Ruby Street complex is structurally unsound and must be removed. Phase 1 will require tower demolition using the rental of two cranes (estimated cost of $11,250.00) and the completion of an engineering study ($3,750.00 per attached quote) to provide drawings for the tower and building attachment points for the future replacement of the tower. Phase 2 will be the tower replacement and its related costs, which will be presented at a later time for BCC action. Funds available in Reserve for Operations.


            Budget and Administrative Services - Risk Management


            Request for approval and signature on the contract renewal for claims management services with Gallagher Bassett Services, Inc. (GBS) for FY 2003/2004 including data management services, banking and loss control, pending County Attorney’s approval.


            Community Services


            Request for approval to continue the direct pay procedure during Fiscal Year 2003/2004 for the monthly Medicaid Nursing Home and Hospital bills as well as for direct pay for the monthly Health Care Responsibility Act (HCRA) bills received by the Department of Community Services, effective with the fiscal year beginning October 1, 2003.


            Request for approval and authorization for the Board of County Commissioner Chair to sign the Contract between Lake County and the State Department of Health for operation of the Lake County Health Department during contract term 10/01/03 through 09/30/04.


            Request for approval to waive fines on overdue books and materials 11/03/03 through 12/12/03 and 04/18/04 through 04/24/04 for the Lake County Library System Branch Libraries.


            Request - For information only - Lake County Health Department Variance Report.


            Request for approval of Agreement with Lake County Funeral Directors Association for Burial of Indigent or Unclaimed Persons.


            Request for approval of Agreement with We Care of Lake County for delivery of Coordinated, Comprehensive Primary & Specialty Healthcare for Medically Indigent Residents.


            Request for approval of the annual grant funding for 16 children’s service providers who have submitted applications for County funds through the Citizens’ Commission for Children (CCC) Request for Proposal (RFP) process; permission to expend funds; and authorization for signatures on subsequent agreements contingent on County Attorney approval.


            Request for approval and authorization for signature on the FY 2003-2004 Community Development Block Grant (CDBG) Partnership Agreement between the Town of Montverde and the County in an amount not to exceed $40,000.00, granting the Town CDBG funds ton construct sidewalks, 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 for signature on the FY 2003-2004 Community Development Block Grant (CDBG) Partnership Agreement with the Lake County Health Department, in an amount not to exceed $100,000.00 in FY 2003-2004 CDBG funding and $20,000.00 from FY 2003-2004 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.


            Economic Development and Tourism


            Request for approval to declare surplus a twenty-foot strip of land located in the Ferndale area (Alternate Key 1013330), execute sale to adjacent property owner, notify adjoining property owners of sale, advertise for sale to highest bidder if necessary, and execute all relevant documents.


            Request for approval and execution of an Agreement between Lake County and Senninger Irrigation, Inc. for an award of Jobs Growth Investment Trust Funds in the amount of $154,000.00.


            Request for approval and execution of an Agreement between Lake County and Ironman North America for the award of Jobs Growth Investment Trust Funds in the amount of $24,000.00.


            Request for approval and execution of an Agreement between Ironman North American and Lake County to defer transportation impact fees from time of permit to the issuance of a Certificate of Occupancy.


            Growth Management


            Request for approval of Special Masters Settlement Agreement for Fiske/Wingard Land Company vs. Lake County (SM-12-01).


            Public Safety


            Request for approval of the Grant StormReady Recognition to Lake County by the National Weather Service.


            Request for approval and signature on the Fiscal Year 2003/2004 Emergency Management Preparedness and Assistance (EMPA) Trust Fund Agreement.


            Request for approval to file a declaratory action to obtain truck titles with a court order for two tankers that the County acquired when the fire department was established.


            Public Works


            Request for approval and execution of the Boating Improvement Grant Projects recommended by the Parks & Recreation Citizen’s Advisory Board for Fiscal Year 2003/2004 to be funded from the Boating Improvement Tax dollars and for the Chairman to execute the Agreement when it is submitted.


            Request for approval and execution of an Internal Revenue Service donee acknowledgment for Right of Way dedication in the Leesburg area.


            Request for approval of request for two-year lease renewal for the Leesburg Tag Agency located at 1340 Citizens Boulevard.


            Addendum No. 1 - Budget and Administrative Services - Risk Management


            Request for approval to accept the contract renewal with Florida Hospital Waterman (FHWHS) and sign the contract with Florida Hospital Waterman for hospital reimbursement rates, including inpatient DRG base conversation rate, Inpatient Stop Loss, Obstetrical Case Rates, Outpatient Services, and an Annual CPI Adjustment.


            COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)

            BUDGET AND ADMINISTRATIVE SERVICES - IMPACT FEES

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved to advertise an Ordinance adopting updated Fire Impact Fees and new Park and Library Impact Fees, and approved that Mr. Randy Young, of Henderson, Young and Company, be present before the Planning & Zoning Commission (P&Z) in order to answer any questions the P&Z members might have, with the assumption that any additional costs associated with that appearance be approved.

            PRESENTATION

            STORMREADY PROGRAM RECOGNITION

            Mr. Dennis Decker of the National Weather Service in Melbourne, Florida, stated that Lake County is being recognized as a community which partners with the Weather Service’s StormReady Program. Lake County Public Safety and Emergency Management has met all the requirements for this recognition and is capable of receiving warning information and getting that information to the citizens of Lake County. He made a presentation of road signs to Chairman Cadwell which signify Lake County’s certification for the StormReady Program.

            PERSONAL APPEARANCES

            EMPLOYEE AWARDS


            Presentation of Award to Employees with Five Years of Service

            Kelly J. Luglan, Probation Officer, Community Services/Probation

Pamela E. Kirchner, Library Services Finance Coordinator, Community Services/Library Services

            Rodney M. Barber, Senior Building Inspector, Growth Management/Building Services


            Presentation of Award to Employee with Ten Years of Service

            Richard C. Moody, Equipment Operator IV, Environmental Services/WMFO

            Gary R. Debo, Waste Management Facilities Director, Environmental Services/WMFO


            Presentation of Award to Employees with Fifteen Years of Service

            Linda D. Gussler, Probation Officer, Community Services/Probation

            Bruce Y. Bowers, Firefighter/EMT, Public Safety/Fire and Rescue


            PUBLIC HEARING - ORDINANCE - MOBILE HOMES

            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance, relating to mobile homes, on the floor for its second and final reading, by title only, and noted that it would be Ordinance No. 2003-85 if adopted by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER III, APPENDIX E, LAND DEVELOPMENT REGULATIONS; DELETING REFERENCES TO MOBILE HOMES; PROVIDING REQUIREMENTS FOR SINGLE FAMILY DWELLINGS; INCLUDING MINIMUM WIDTH, ROOF PITCH, FOUNDATION AND SKIRTING; AMENDING THE SCHEDULE OF PERMITTED AND CONDITIONAL USES TO CLARIFY WHERE SINGLE FAMILY DWELLING UNITS ARE PERMITTED; DELETING THE PROXIMITY TEST FOR LOCATING MOBILE HOMES IN ZONING DISTRICTS A (AGRICULTURE) AND RA (RANCHETTE); PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.


            Mr. Minkoff noted that, since the first reading, a section has been renumbered and will be relocated in another part of the Land Development Regulations (LDRs).

            Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved Ordinance No. 2003-85, with the renumbering change, relating to mobile homes, as read by title only on its second and final reading.

            PUBLIC HEARING - ORDINANCE - MINIMUM LOT WIDTH

            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance, relating to minimum lot width, on the floor for its first and final reading, by title only, and noted that it would be Ordinance No. 2003-86 if adopted by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 3.02.09, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED MINIMUM LOT WIDTH AND STRUCTURE SIZE REQUIREMENTS FOR EXISTING DEVELOPMENT; REMOVING ALL MINIMUM LOT WIDTH REQUIREMENTS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.


            Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved Ordinance No. 2003-86, relating to minimum lot width, as read by title only on its first and final reading.

            PUBLIC HEARING - ORDINANCE - OPEN AIR VENDORS

            Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance, relating to open air vendors, on the floor for its second and final reading, by title only, and noted that it would be Ordinance No. 2003-87 if adopted by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING AND REPLACING SECTION 10.03.00, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED OPEN AIR VENDORS; REPLACING SECTION 10.03.00 WITH PROVISIONS GOVERNING TEMPORARY USES AND SPECIAL EVENTS; PROVIDING FOR A PURPOSE; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT FOR TEMPORARY USES AND SPECIAL EVENTS; RESTRICTING TEMPORARY USE AND SPECIAL EVENT PERMITS TO FOURTEEN (14) DAYS FROM THE DATE OF ISSUANCE; PROHIBITING TEMPORARY USES AND SPECIAL EVENTS FROM OCCURRING ON THE SAME PROPERTY MORE THAN TWICE IN A TWELVE (12) MONTH PERIOD; AMENDING CHAPTER II, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED DEFINITIONS; REMOVING THE DEFINITION OF OPEN AIR VENDOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.


            In response to an inquiry by Commr. Stivender, Mr. Minkoff explained that Commr. Hanson requested that this proposed Ordinance be drafted.

            Commr. Cadwell recommended that this issue be postponed 30 days until Commr. Hanson can be present and to give those people this proposed Ordinance will affect some time to meet with Commissioners.

            Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.

            Mr. Mark Ornstein, Attorney, representing Orange Auto Sales, stated that he would appreciate the opportunity to work with the Board and expressed his appreciation for the Board’s willingness to continue the issue.

            Ms. Cecelia Bonifay, Attorney, Akerman Senterfitt, stated that she has several clients who have been affected by this regulation in the past. She requested that the Board postpone the issue.

            Mr. Rick Teets, a Lake County resident who promotes temporary events, requested a 30-day postponement.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved to postpone the proposed Ordinance relating to open air vendors for approximately 30 days, until the November 4, 2003, Board meeting at 9:00 a.m., to allow time to meet with various vendors and so that Commr. Hanson can be in attendance.

            PUBLIC HEARING

            REZONING CASE - LPA #03/8/2-2 - TRYCON, INC. - BRYON H. KING, TRUSTEE

            CECELIA BONIFAY - TRACKING NO. 74-03-LPA


            Mr. John Krause, Senior Planner, Department of Growth Management, presented LPA #03/8/2-2, Tracking No. 74-03-LPA, Trycon, Inc., Bryon H. King, Trustee, Cecelia Bonifay, Akerman Senterfitt, and stated that the applicant is requesting an amendment to the current Future Land Use Designation of Employment Center to Urban for approximately 13 acres. Located in the southeast corner of Hancock Road and State Road 50, near the City of Clermont, the applicant proposes developing the property for commercial purposes. He stated that the City has water and wastewater infrastructure available, however, the applicant has not produced written confirmation from the City assuring that utility service will be provided for the property at its built out capacity. He remarked that County staff is not aware that the applicant has submitted a request for annexation into the City. County staff feels that annexation is a logical choice because the property is surrounded on three sides by the City. County staff has found two comprehensive plan policies that are inconsistent with the request, Policy 1-1.4, Urban Design Strategies, and Policy 1-13.2, Amendments to the Comprehensive Plan. The applicant has not demonstrated that facilities or service capacities are currently available to serve the subject parcel. He further presented that the application materials contain no information regarding flora or fauna on site and do not address any environmental matters. However, Mr. Krause stated that it has recently come to staff’s attention that a portion of this site was indicated in the Lake Apopka Planning Initiative, known as the Castle Hill parcel, as having a listed plant species called clasping warea, an endangered flower found only in certain areas of the State of Florida.

            Mr. Barry Brown, City of Clermont, stated that the City Council heard this request and recommended that there not be any land use changes or rezonings within the Joint Planning Area until such time as the JPA (Joint Planning Agreement) LDRs (Land Development Regulations) and the JPA Future Land Use Map are created and adopted. He stated that there is no time frame but the City feels it can have the LDRs adopted by the end of this year.

            Commr. Cadwell agreed that he would hope that, if rezoned to planned commercial, there would be some language that would say the applicant would abide by the new rules of the joint LDRs.

            Mr. Brown opined that, regarding a Land Use Map that would not have this as a commercial corridor, this area would be considered commercial, be it all retail and restaurant or a professional office component to lessen the traffic impact.

            Commr. Pool remarked that he understood the City Council meeting did not result in a consensus.

            Mr. Brown confirmed that the City’s Planning and Zoning recommended that the land use application proceed through the County process and then that the property, at a minimum, be developed to the Joint Planning Area standards and annexed into the City prior to any zoning clearances or building permits being issued.

            Commr. Pool requested that Mr. Brown point out on the map (which is included in the backup material) the location of a new 7-11 which was approved by the City on the southeast corner of SR 50 and Hancock Road.

            Mr. Brown stated that, from City staff’s standpoint, it is absolutely mandatory that the project be annexed into the City prior to any zoning clearances or building permits being issued. City staff needs to be involved in the site plan review process and he reiterated that it should be developed according to the Joint Planning Area standards.

            Mr. Krause added that staff requests that the applicant work with either Trout Lake Nature Center or the Nature Conservancy or Florida Native Plant Society in the recovery of the endangered plant species in an effort to try to grow the plant elsewhere. He also recommended that efforts be coordinated with the US Fish and Wildlife Service because the plant is on its Threatened and Endangered Species list.

            Mr. Sandy Minkoff, County Attorney, pointed out that today’s public hearing is for the purpose of approving the transmittal of the comprehensive plan amendment to the Florida Department of Community Affairs and the zoning application will not be heard until the comprehensive plan amendment is actually adopted by the Board.

            For the record, Commr. Cadwell expressed his appreciation to Ms. Cecelia Bonifay, Akerman Senterfitt, the applicant’s representative, for willingly agreeing to postpone the rezoning application in an effort to stay within the spirit of the Joint Planning Area.

            Ms. Bonifay stated that the subject site currently has an industrial classification which allows in both land use and zoning. The most intense use would allow heavy and light industry, warehousing, and truck distribution center uses. In referring to an aerial map (which was submitted into evidence by the applicant and marked Exhibit A-1 by the Deputy Clerk), she explained that Trycon has developed a northeast corner in Clermont and is not new to the City’s process. She opined that industrial versus commercial is not an issue in that the City has chosen to develop all three corners with commercial uses. She referred to the minutes of the Clermont Planning and Zoning Commission meeting of August 25, 2003 (a copy of which was submitted into evidence by the applicant and marked Exhibit A-2 by the Deputy Clerk). She then referred to the minutes of the County’s Planning and Zoning Commission meeting of September 3, 2003 (a copy of which was submitted into evidence by the applicant and marked Exhibit A-3 by the Deputy Clerk) where the commercial use was determined to be more appropriate and less intense. Ms. Bonifay stated that, while County staff never asked for it, the applicant conducted an environmental assessment by the Land Planning Group (a copy of a Preliminary Environmental Assessment dated April 9, 2003, was submitted into evidence by the applicant and marked Exhibit A-4 by the Deputy Clerk) which indicates that the endangered plant species was not found on the site. Ms. Bonifay remarked that the only thing the assessment found was gopher tortoises and plans are being made by the applicant to relocate the tortoises. She distributed copies of a 56-page transcript of the City of Clermont’s September 23, 2003, meeting (a copy of the transcript was submitted into evidence by the applicant and marked Exhibit A-5 by the Deputy Clerk). She concluded that there was not a consensus on behalf of the Council at that meeting and opined that a no-growth recommendation was to do nothing in Clermont and tell the County not to do anything in terms of any development approvals until the LDRs are in place and until a Future Land Use Map is in place. She remarked that a time frame was not given and the applicant was not told when or if they could go forward. She referred to comments by Council Members Ash and Mullins regarding the JPA. Ms. Bonifay read, Paragraph 5, Page 3 of the draft Joint Planning Interlocal Agreement between Lake County and the City of Clermont (a copy of the draft Agreement was submitted into evidence by the applicant and marked Exhibit A-6 by the Deputy Clerk), which she stated is an express provision to put the development community on notice that this would not be used as a way to keep you from moving forward with making those changes to the comprehensive plan to the LDRs. She then referred to the JPA Article IV - Procedures for Reviewing and Commenting on Development Orders. In referring to the minutes of the May 12, 2003, Special Joint Meeting between the Board of County Commissioners and the Clermont City Council (a copy of the minutes was submitted into evidence by the applicant and marked Exhibit A-7 by the Deputy Clerk) she stated that both bodies had decided that a 90-day delay of applications would be put into place. She noted that her clients had made application and been involved for a number of months prior to that delay. She stated that she provided her client a copy of the draft Land Development Regulations and the client is willing to try to comply with these new regulations even though they are not formally adopted.

            Commr. Cadwell remarked that the LDR issues that were a concern of the City of Clermont will be addressed in the zoning hearing. He emphasized that those issues are really important to the spirit of the Joint Planning Agreement and what the County is trying to do with Clermont.

            Ms. Bonifay commented that her client will be working with the City on the zoning issues of design, setbacks, parking requirements and others. She remarked that neither of the Planning and Zoning Commissions had a concern with commercial zoning if done in an appropriate manner. She stated that County staff raised an issue of utilities. A utility easement was entered into a number of years ago with Sonny King and the City to run water and sewer down S.R. 50 with the understanding that, at the time of development, those services would be in place and able to serve either an industrial or commercial location at that site. (A copy of a Utilities Easement dated August 14, 1997, was submitted into evidence by the applicant and marked Exhibit A-8 by the Deputy Clerk.)

            Commr. Cadwell expressed that he is comfortable in moving forward on the Land Plan Amendment and also noted that three of the four corners at the proposed site have commercial developments.

            Ms. Bonifay noted that Mr. Frank Cannon and Mr. Spencer Phelps of Trycon were present and concluded by stating that the applicant has answered questions in the staff report, that there is no environmental problem and the client is working with City staff on the utilities. She announced that, if the transmittal of the Land Plan Amendment is approved today, the applicant will be back within 60 days and will be working with the City on the specific zoning and site layout for this location during that time.

            Commr. Cadwell noted that comments from DCA can be received during that time period also.

            There being no further public comment, the public hearing portion of the meeting was closed.

            Commr. Pool stated that, clearly, the site is better suited for commercial than industrial.

            A motion was made by Commr. Pool and seconded by Commr. Stivender approving transmittal, to the Department of Community Affairs, of LPA 03/8/2-2, Trycon, Inc., Bryon H. King, Trustee, Tracking No. 74-03-LPA, a request to amend the current Future Land Use Designation of Employment Center to Urban for approximately 13 acres for the purposes of commercial development.

            Under discussion, Commr. Cadwell requested that Mr. Brown convey to the Clermont City Council the Board’s commitment to the joint Land Development Regulations.

            Commr. Cadwell called for a vote on the motion which was carried unanimously, by a vote of 4-0.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Steven Vaughn, a Realtor and Lake County resident since 1962, presented a copy of an Orlando Sentinel article dated October 6, 2003, and a copy of a Tallahassee Trend article dated October 2003 (copies of which are included in the backup material) regarding the Council of 100 and the State of Florida’s pending water crisis. He requested that the Board join the four Central Florida counties, creating more representation in Tallahassee, that are trying to stop the movement of the Council of 100. He remarked that the Council of 100 has been trying to establish a statewide water board since 1976 and such a board would almost eliminate smaller water boards such as the St. Johns River Water Management District and the Southwest Florida Water Management District. He requested that other members of the Lake County Commission, not just Commr. Hanson, attend the upcoming meetings of the Wekiva River Basin Coordinating Committee in an effort to communicate that Lake County residents do not want to lose their water. Regarding development, he opined that decreasing the densities to one unit per ten acres in east Lake County will hurt construction, devalue property and decrease taxes.

            Commr. Cadwell pointed out that the Lake County Board of County Commissioners has passed a resolution on its stand on the water issue and the Florida Association of Counties is developing a platform for presentation in Tallahassee regarding the water concerns of Florida’s counties.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            COMMUNITY SERVICES - LIFESTREAM BEHAVIORAL CENTER DBA

            LAKE COUNTY TRANSIT


            Mr. Fletcher Smith, Community Services Director, presented the request for additional funding for LifeStream Behavioral Center, Inc. d.b.a. Lake County Transit for transportation trips. He stated that the Florida Commission for the Transportation Disadvantaged allocates funding on an annual basis from July 1 through June 30. During the later part of the State’s fiscal year, April-June 2003, some additional funds were allowed for some additional trips during those months. When the State allocated funding for FY 2003-2004, the amount of State money was reduced and there was a delay in notifying Lake County of this reduction. Because of that, some additional trips were provided in August and September and additional funding, $33,000, is being requested to pay Lake County Transit. Of the $33,000, the County will pay a 60% share, $19,800.00, and the Florida Department of Transportation (FDOT) will pay $13,200. This amount is included in the approval of a Change Order and budget transfer request of $158,000.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved to pay $19,800 in Lake County funds and $13,200 in FDOT funds for a total of $33,000 to LifeStream Behavioral Center, Inc., d.b.a. Lake County Transit for trips provided beyond the monthly allocations during August and September 2003; and the Board approved a Change Order Request to increase LifeStream Behavioral Center, Inc. Purchase Order #19698 by $158,000 and approved the budget transfer of $158,000 from the reserve account for trips provided in August and September 2003.

            Commr. Cadwell confirmed that Tabs 32 and 33 were approved in the same motion and that the correct amount of the request on Tab 33 is $158,000, not $150,000 as indicated on today’s Agenda.

            ADDENDUM NO. 1

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

            COMMUNITY SERVICES - FLORIDA COMMISSION FOR THE

            TRANSPORTATION DISADVANTAGED AGREEMENT FOR FY 2003/2004 AND

            SUPPORTING RESOLUTION


            Mr. Bill Neron, County Manager, presented the Florida Commission for the Transportation Disadvantaged Contract for Fiscal Year 2003/2004 and the supporting proposed resolution. He stated that the County recently received information from the State that the Medicaid funding for Lake County’s Transportation Disadvantaged Program, which was $1.2 million in the previous 12 months, might be reduced by almost $600,000. Late yesterday afternoon, it was determined that the cut will only be $200,000. The State wants the original agreement approved and returned by Monday, October 13, 2003. Additionally, the State is now requiring that the Community Transportation Coordinators approve and qualify all the people for the Medicaid trips and certify the billing, rather than the subcontractor doing that. Because the agreement must be returned to the State by October 13, Mr. Neron requested that the Board approve the original agreement, and the supporting resolution, and authorize the chairman to sign a revised agreement amount when the revised agreement is received, today or tomorrow, subject to legal approval. He advised the Board that staff has a meeting scheduled with LifeStream Behavioral Center, Inc., d.b.a. Lake County Transit, on October 8, 2003, to look at the full implications of these State reductions and how the mandates of the State can be met while still providing the best service with the limited dollars that are available. He explained that, with the amount of funds being provided, it will be necessary to prioritize trips and look at the number of trips that can be provided. He requested that staff be given a week or two to work out a management plan with LifeStream and come back to the Board with a recommendation for proceeding.

            Commr. Stivender inquired whether additional staff will be necessary in order to determine who will be given rides.

            Mr. Neron opined that a part-time or full-time position might be necessary but would like time to meet with LifeStream in order to make that determination.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved the contract (agreement) with the Florida Commission for the Transportation Disadvantaged for Fiscal Year 2003/2004 and approved supporting Resolution 2003-173.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS (CONTINUED)

            PUBLIC WORKS - LAKE-SUMTER METROPOLITAN PLANNING

            ORGANIZATION (MPO)

            Mr. Jim Stivender, Director of Public Works, presented a proposed resolution supporting the Apportionment Plan (voting structure) for the Lake-Sumter Metropolitan Planning Organization (MPO) and requested that the Board direct staff to forward the necessary resolution from all local governments to the Florida Department of Transportation (FDOT). He stated that he has approval for the Apportionment Plan from Eustis, Groveland, Lady Lake, Leesburg, Tavares and Sumter County and discussions have been held with Fruitland Park and Minneola and discussions are scheduled with the other cities, except Howey-in-the-Hills, by the end of October 2003. He commented that Fruitland Park wants to discuss the issue of having a vote and that discussion can take place after today’s part of the process. After the MPO is in place, the issue of voting membership can be worked out.

            Mr. Neron noted that, per discussion at the City-County Manager’s meeting last week, there are seven smaller cities that are not voting members who would like to designate a rotating member from among those seven to be a 14th voting member of the MPO.

            Commr. Cadwell clarified that MPO members are only elected officials.

            Mr. Stivender explained that the smaller cities were considered during the apportionment process. However, the seven voting member cities, with the unincorporated areas, comprise approximately 92% to 93% of the population of Lake County and the smaller cities, while not voting members, are represented by the Board of County Commissioners.

            Commr. Cadwell remarked that some of the smaller cities may not have a road that would be eligible for assistance under this program.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board adopted Resolution 2003-174 supporting the Apportionment Plan for the Lake-Sumter Metropolitan Planning Organization for thirteen voting members and directed staff to forward the necessary Resolution from all local governments to the Florida Department of Transportation.

            OTHER BUSINESS

            APPOINTMENTS - LAKE COUNTY CODE ENFORCEMENT BOARD

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board appointed Mr. Keith Farner to a vacant position on the Lake County Code Enforcement Board.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board reappointed Mr. David Springstead and Mr. James Sisco to the Lake County Code Enforcement Board.

            APPOINTMENT - CULTURAL AFFAIRS COUNCIL

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board appointed Ms. Pat Huizing to the Cultural Affairs Council to complete an unexpired term.

            REPORTS

            COUNTY ATTORNEY

            PINE ISLAND COMMUNITY DEVELOPMENT DISTRICT

            Mr. Sandy Minkoff, County Attorney, stated that the developer of Pine Island and the community across the street have applied to create a Community Development District (CDD). Because this request involves over 1,000 acres, those applications go to the Florida Land and Water Adjudicatory Commission (FLWAC). While the Florida Statute gives the local government the right to hold its own public hearing in the county, it also requires FLWAC to hold a public hearing with a hearing officer. Because the FLWAC public hearing will be held, Mr. Minkoff recommended that the County not hold an additional public hearing.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board approved that Lake County will not hold a public hearing on the proposed Pine Island Community Development District application.

            COUNTY MANAGER

            CHANGES IN PERSONNEL

            Ms. Cindy Hall, Assistant County Manager, requested approval to authorize the part-time position of Internet Applications Developer, the web designer, to a full-time position in order to enhance the County’s outreach efforts and approval to convert two administrative positions to continue administrative support in the budget division. She explained that these proposed changes can be met within the current budget.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 4-0, the Board authorized the part-time position of Internet Applications Developer to a full-time position and approved to convert an Administrative Office Associate position from part-time to full time, within the current budget.

            ORLANDO UTILITIES COMMISSION

            Mr. Bill Neron, County Manager, stated that two timely filed petitions were submitted to the St. Johns Water Management District (SJWMD) regarding the Orlando Utilities Commission’s (OUC) consumptive use permit application, therefore, that item will not be heard by the SJWMD, but rather will go through the administrative hearing process.

            Mr. Sandy Minkoff, County Attorney, suggested that, rather than a litigation approach, the Board could have discussions with the SJWMD, Orange County and OUC.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved to add discussion of the Orlando Utilities Commission consumptive use permit to the Agenda.

            Commr. Cadwell requested that the County Attorney initiate a meeting with Orange County and then together meet with OUC. He also suggested that any cities that want to participate should be included in the discussions.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board directed the County Attorney to initiate a meeting with Orange County and then arrange a meeting to include Lake County, Orange County and the Orlando Utilities Commission, and any cities that want to participate, for the purpose of discussing OUC’s consumptive use permit request to the St. Johns River Water Management District for water use.

            COMMISSIONER HILL - DISTRICT #1

            PEAR PARK GRANT

            Commr. Hill informed the Board that the PEAR (Palatlakaha Environmental and Agricultural Reserve) Park grant was funded, over $2.3 million, from the Florida Communities Trust and includes the acquisition of approximately 50 adjoining acres on US Highway 27. She expressed her appreciation to staff and volunteers who have worked for many years on this project.

            Commr. Cadwell stated that he was in Tallahassee with the group and remarked that Commr. Hill made an outstanding presentation. He also recognized the work of Mr. Gregg Welstead, Deputy County Manager, and that of Ms. Nadine Foley of the PEAR Advisory Committee. He remarked that the County’s $700,000 has been leveraged into more than $3 million.

            COMMISSIONER STIVENDER - DISTRICT #3

            BREAST CANCER AWARENESS MONTH

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the execution of Proclamation 2003-175 proclaiming October 2003 as Breast Cancer Awareness Month in Lake County.

            FLORIDA 4-H WEEK

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the execution of Proclamation 2003-176 proclaiming October 5-11, 2003, as Florida 4-H Week in Lake County.

            LAKE COUNTY DAY

            Commr. Stivender announced that Lake County Day in Tallahassee, Florida, has been scheduled for February 4, 2004. She stated that last year’s donations will be enough to fund the event for a couple of years.

            COMMISSIONER HANSON - DISTRICT #4

            UNITED WAY MONTH

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 4-0, the Board approved the execution of Proclamation 2003-177 proclaiming October 1-31, 2003, as United Way Month in Lake County.

            FLORIDA GREENWAYS AND TRAILS MONTH

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the execution of Resolution 2003-178 observing October 2003 as Florida Greenways and Trails Month.

            COMMISSIONER CADWELL - DISTRICT #5 AND CHAIRMAN

            COUNTY MANAGER AND COUNTY ATTORNEY EVALUATIONS

            Commr. Cadwell announced that compensation discussions for the County Manager and County Attorney will be postponed until next week when the full Board can be present.

            TAX ROLL FOR 2003

            Commr. Cadwell noted that this item, the Tax Collector’s request to certify the interim assessment tax roll for 2003, was added to the Agenda at the beginning of the today’s meeting.

            Mr. Sandy Minkoff, County Attorney, explained that, normally, the Value Adjustment Board completes all of its hearings and certifies the final roll that is used for the tax bill mailings. This year, because of the use of Special Masters and the additional time the Property Appraiser must have to provide the information back and forth to petitioners, the Value Adjustment process will not be completed in time for bills to be mailed timely. Florida Statute 197.323 provides that when that occurs, the Tax Collector can request that the Board extend the tax roll prior to the completion of the Value Adjustment Board hearings in order to mail the tax bills in November. He recommended that approval.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 4-0, the Board approved the request of Mr. Bob McKee, Lake County Tax Collector, that the 2003 tax roll be extended prior to the completion of the Value Adjustment Board hearings, as allowed by F.S. 197.323.

            LEGISLATIVE DELEGATION MEETING

            Commr. Cadwell stated that he and Commr. Stivender will not be able to attend the Legislative Delegation Meeting on Friday, October 10, 2003. He requested that Commr. Hill represent the Board at that meeting and work with Ms. Cindy Hall in making that presentation.

            COVANTA

            Commr. Cadwell remarked that, despite comments that he has been involved in the Covanta incinerator contract issue, he is well aware that all of the Board members have been committed to this issue and he is only represents the Board. He commented that all of the Board members have taken a firm stand on trying to resolve this issue.

            RECESS AND RECONVENE

            At 10:15 a.m., Commr. Cadwell announced that the Board would recess until 10:30 a.m., at which time the Closed Session will begin.

            OTHER BUSINESS

            LAND DEVELOPMENT REGULATIONS UPDATE

            Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, stated that a workshop with the Planning and Zoning (P&Z) Commission is scheduled for Wednesday, October 15, 2003, for consideration of the joint Clermont Land Development Regulations. It will be P&Z’s first look at the contents and intent of the document.

            CLOSED SESSION - PENDING LITIGATION - COVANTA

            Commr. Cadwell announced, for the record, that the Board of County Commissioners of Lake County, Florida, will hold a closed session regarding pending litigation with Covanta Energy Corporation, commencing at 10:30 a.m.

            Mr. Sandy Minkoff, County Attorney, stated that he previously requested that the Board hold closed sessions at all Board meetings between now and the scheduled trial date, which is required by Florida Statute. The subject matter of discussion will be settlement negotiations or strategy sessions. The court reporter will record the entire session, including the times of commencement and termination. No part of this session can be off the record and no one will leave during the meeting. The court reporter will transcribe her notes and file them with the Clerk of Court within a reasonable time. The closed session will commence during the open meeting with the Chairman’s announcement. The estimated length of the closed session is approximately 20 to 30 minutes. Those persons attending will be Mr. Welton Cadwell, Ms. Jennifer Hill, Mr. Robert Pool and Ms. Debbie Stivender, members of the Lake County Board of County Commissioners; Mr. Bill Neron, County Manager; Mr. Sandy Minkoff, County Attorney; and the court reporter.

            RECONVENE AND ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:05 a.m.

 

                                                                                    _________________________________

                                                                                    WELTON G. CADWELL, CHAIRMAN

ATTEST:



__________________________

JAMES C. WATKINS, CLERK