JULY 20, 2004

            The Lake County Board of County Commissioners met in a regular session on Tuesday, July 20, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; and Robert A. Pool. Commissioners not present: Welton G. Cadwell. 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 Toni M. Riggs, Deputy Clerk.


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

            AGENDA UPDATE

            Mr. Bill Neron, County Manager, requested that Tab13 regarding Glenbrook Phase II be pulled from the agenda, to be rescheduled for another meeting. Mr. Neron stated that there was a handout with some revisions to Tab 18, which relates to the leasing of property for the maternity clinic for the Health Department. The revisions delete the item of buying some used equipment, which has to be done through the State and not with County funds. He noted that the Board also has an Addendum No. 1, with one item from the Supervisor of Elections.


            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Minutes of June 1, 2004, Regular Meeting, as presented.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Minutes of June 15, 2004, Regular Meeting, as presented.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of June 29, 2004, Regular Meeting, as presented.


            Commr. Stivender noted that Commr. Cadwell is not present today. He is attending the National Association of Counties (NACo) meeting.


            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 9, as follows:

            Contractor Bonds

            Request to approve the following Contractor Bonds:



5636-04Kevin Kruger d.b.a. Kruger Electrical Contracting, Inc.

6190-04John N. Hessenauer/Hessenauer Irrigation, Inc.

6191-04Robert Bauer d.b.a. C & B Electrical Contractors of FL, Inc.

6192-04Dale Elkins d.b.a. Superior Concrete Construction LLC

6193-04Brian C. Riebel/Ken’s Plumbing, Inc.

6194-04Robert Sackrider d.b.a. Sack Roofing, Inc.

6195-04Ralph Wisco d.b.a. Artisan Aluminum Corp.

6196–04Matthew Ledlow d.b.a. Bluewire, LLC

6197-04Robert M. Gooden d.b.a. Integrity Elec. Cont. of FL Inc.

6198-04Ronald S. Morton d.b.a. Seminole Landscaping, Inc.

6199-04James A. Hahn & Hahn Irrigation Inc.




5660-02Harold E. Pond




415-04Principal’s name has been changed to read Bobby E. Faircloth d.b.a. Bobby’s Electric, Inc.

1682-04Principal’s name has been changed from James R. Makin to James R. Makin/James R. Makin, Inc.

5760-04Principal’s name has been changed from Charles McKay d.b.a. CCM Services to CCM Aquatic Services, LLC

6115-04Principal’s name has been changed from Larry Bailey to Larry Bailey, Inc.

            List of Warrants


            Request to acknowledge receipt list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06(1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.


            Ordinances/City of Fruitland Park


            Request to acknowledge receipt - Ordinance 2004-002 of the City Commission of the City of Fruitland Park, Florida, Amending the Boundaries of the City of Fruitland Park, as further described, by Including Within the City Approximately 19.7+/- Acres of Property Generally Located West of County Road 468 on the South Side of Myrtle Lake Avenue, Passed and Ordained the 10th day of June, 2004, by the City Commission of the City of Fruitland Park, Florida.


            Ordinances/City of Mount Dora


            Request to acknowledge receipt - Annexation Ordinance No. 850, from the City of Mount Dora, annexing property to the City of Mount Dora generally located on Codding Place, east of Highway 19A, Mount Dora, Florida. Passed and ordained the 15th day of June, 2004, by the City Council of the City of Mount Dora, Florida.


            Public Service Commission/Progress Energy Florida, Inc.


            Request to acknowledge receipt - Before the Public Service Commission, in re: Petition for approval of revised underground residential distribution tariffs by Progress Energy Florida, Inc., Docket No. 031122-EI, Order No. PSC-04-0613-CO-EI, Issued June 21, 2004, Consummating Order and Notice of Further Proceedings or Judicial Review.


            Ordinances/City of Leesburg


            Request to acknowledge receipt - the City of Leesburg Ordinance No. 04-33 Annexing Certain Property Owned by Michael Clay and Carla Clay, Said Property Consisting of Approximately .33 Acres and Being Generally Located East of U.S. Highway 27/441 (Citrus Boulevard), North of Eureka Avenue, as further described, Indian Hill, passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the 14th day of June, 2004.


            Ordinances/City of Fruitland Park


            Request to acknowledge receipt - Ordinance 2004-006 of the City Commission of the City of Fruitland Park, Florida, Amending the Boundaries of the City of Fruitland Park, as further described, by Including Within the City Approximately 4.66+/- Acres of Property Generally Located at the Corner of CR 466A and Micro Racetrack Road (Owned by Larry M. Phillips); Passed and Ordained the 24th day of June, 2004, by the City Commission of the City of Fruitland Park, Florida.


            Southwest Florida Water Management District


            Request to acknowledge receipt - the approved Minutes of the Meeting, Governing Board, Southwest Florida Water Management District, Brooksville, Florida, April 27, 2004; and the Southwest Florida Water Management District Agenda for the Governing Board Meeting June 29 and 30, 2004.


            Village Center Community Development District/Budget


            Request to acknowledge receipt - a copy of the proposed budget for the Village Center Community Development District for the Fiscal Year 2004/2005, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.



            Commr. Hill stated that she would like to pull Tab 10 regarding the membership dues to West Orange South Lake Transportation Task Force (Task Force) for discussion, at this time. Since the County is a member of the Lake-Sumter Metropolitan Planning Organization (MPO), and a member of the Central Florida MPO Alliance, and they sit on both of these Boards, Commr. Hill wanted to know if the Board has served its purpose on the Task Force, and whether there was still a need for the Task Force, because they now have the funding for SR 50.

            Commr. Pool stated that they have secured $105 million for the funding of SR 50, but there are still other areas, such as the section between Hancock Road and Highway 27, to be funded. By the effort of this group, which is West Orange and South Lake cooperatively working for a regional approach, they will be able to generate dollars for the Hartwood Marsh corridor that they desperately need for an east-west connection. He feels that a $5,000 investment on an annual basis was a minuscule amount for such a hard working group.

            Commr. Stivender stated that the MPO will compliment the Task Force, but she understood Commr. Hill’s concern for duplication.

            Commr. Pool stated that the Task Force has been very successful and he appreciates the fact that the Board has supported it. He stated that this organization has come together with the cities and the county working cooperatively together, and there are some ideas and options that connect Lake County through Orange County, so this effort is ongoing and is not to be forgotten.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 19, pulling Tab 13 regarding Glenbrook Phase II; with the modifications to Tab 18 regarding the Lake County Health Department Maternity Services Clinic; and including Addendum No. 1, I.A.1., as follows:

            Budget/Inmate Medical Invoice/Leesburg Medical Center

            Request from Budget for approval of Check Request (Direct Pay) from the Sheriff's Office – In-House Support – Corrections for payment of an inmate medical invoice for Leesburg Medical Center. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is $51,886.20.


            Amended Agreement/Children’s Service Providers/Grants and Aids


            Request from Community Services for approval to amend Agreements with five Children's Service Providers (The Boys and Girls Clubs of Lake and Sumter Counties, The Golden Triangle YMCA, Haven of Lake and Sumter Counties, Lake-Sumter Children's Advocacy Center and The Community Foundation of South Lake County [for Stuckey's Kids]) and to transfer unused funds to Grants and Aids (810) to accommodate the re-allocations; and authorization on Amendments contingent on County Attorney approval.


            Employee Services/Settlement/Workers’ Compensation/Michael Auclair


            Request from Employee Services for approval of settlement of Workers' Compensation claim and authorization to execute the appropriate document(s) subject to the County Attorney's review and approval for Michael Auclair.


            Employee Services/Settlement/Workers’ Compensation/Gabriele Stafford


            Request from Employee Services for approval of settlement of Workers' Compensation claim and authorization to execute the appropriate document(s) subject to the County Attorney's review and approval for Gabriele Stafford.


            Settlement Agreement/Special Master/Rovelli


            Request from Growth Management for approval of Settlement Agreement for Special Master File Number SM-1-04, Rovelli versus Lake County.


            Agreement/Department of Transportation/Grant/Resolution


            Request from Program Analysis and Contract Management for approval of the Multi-Year Joint Participation Agreement Notification of Funding with the Florida Department of Transportation for the 5311 Transportation Grant for Fiscal Year 2003-2004, Resolution 2004-108 for unanticipated revenue; and associated budget transfer.


            Public Safety/State Homeland Security Grant/Resolution


            Request from Public Safety for approval of the State Homeland Security Grant by the Lake County Board of County Commissioners for the period of July 1, 2004 through September 30, 2005; to hire a full-time temporary position or consultant to perform required services; and approval of Resolution 2004-109 to authorize appropriation and expenditure of unanticipated revenues.


            Membership Dues/West Orange South Lake Transportation Task Force


            Request from Public Works for approval of payment of annual membership dues of $5,000.00 to the West Orange South Lake Transportation Task Force.


            Letter of Credit for Performance/Agreement/South Hancock Road


            Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $1,571,564.50 that was posted pursuant to the Agreement between Lake County, Carter-Hancock Road Land Trust, Solo Development Corporation, John P. Adams and Ann D. Adams Family Limited Partnership, and Jaymark Builders and Developers, Inc. regarding South Hancock Road.


            Road Vacation - Permission to Advertise/Resolution/Mt. Plymouth Area


            Request from Public Works for approval and signature of Resolution 2004-110 to advertise Public Hearing for Vacation Petition Number 1029 by France Koon to vacate a portion of Strawberry Avenue, in the Plat of Craig's Addition to Sorrento, located in Section 30, Township 19 South, Range 28 East, in the Mt. Plymouth area, Commission District 4.


            Interlocal Agreement/City of Tavares/Traffic Signals/Budget Transfers


            Request from Public Works for approval and signature on the Interlocal Agreement between Lake County and the City of Tavares for repair of traffic signals located in Exhibit "A" of the attached agreement, as well as approval of the funding of an additional Traffic Signal Technician and the associated budget transfers.


            Purchase Agreement/Cianciola/Hilltop Special Assessment Project/Thoroughbred Trail


            Request from Public Works for approval and execution of a Purchase Agreement with Frank and Esther Cianciola, for right of way in conjunction with the Hilltop Special Assessment Project located in the Sorrento area (Thoroughbred Trail).


            Temporary Closure/Five Mile Road


            Request from Public Works for approval to temporarily close a portion of 5-Mile Road to prevent vandalism of the property.


            Change Order/Cost-Share Agreement/St. Johns River Water Management District

            Stormwater Retrofit Projects/Upper Ocklawaha River Basin (UORB)


            Request from Public Works for approval to accept the Change Order to a Cost-Share Agreement (Contract Number SG473AA) with the St. Johns River Water Management District to extend the completion date of the Agreement from July 31, 2004 to September 30, 2004 and provide an amount not to exceed $355,000.00 to aid the County in developing stormwater retrofit projects in the Upper Ocklawaha River Basin (UORB).


            Lease Agreement/Eber Corporation/Health Department Maternity Services Clinic


            Request from Public Works for approval to execute Lease Agreement with the Eber Corporation, successors or assigns, for 4,000 square feet of lease space for the Lake County Health Department Maternity Services Clinic, subject to County Attorney approval; and approval of Budget Change Request from the General Fund Reserve for Operations to $35,990.00. (Note: this includes modification, as noted during the agenda update.)


            List of Surplus Items


            Request from Purchasing for approval to declare items on attached lists surplus to County needs and authorize disposal as described; authorize the donations as requested; authorize the removal of all of the items from the County's Official Fixed Asset system; and authorize the Procurement Services Director to sign the vehicle titles.


            ADDENDUM NO. 1 -


            Budget Transfer/Supervisor of Elections


            Request from Budget for a budget transfer - General Fund, Constitutional Officers/Supervisor of Elections, in the amount of $14,000.00 is requested. Transfer $14,000.00 from Reserve for Operations to Other Personal Services ($5,820.00), Communications & Freight ($2,200.00), Office Supplies ($1,114.00), and Machinery & Equipment ($4,884.00). The Florida Legislature recently passed bills which provide for Early Voting. This change to the Florida Statutes required the Supervisor of Elections to allow an elector to vote early. As this legislation was passed after the budget was submitted, additional funds are required to comply with the legislation. Funds are available in General Fund Reserve for Operations.



            Intersection of CR 48 and Hollendel Road/PEAR Park and Dog Park

            Mr. George Wolf appeared before the Board and presented a letter he had written to the Board dated July 20, 2004. Mr. Wolf stated that he lives in the retirement community of Hawthorne. The first item he discussed was his June, 2003, letter concerning the death of an individual at the intersection of CR48 and Hollendel Road. Mr. Wolf stated that there is some surveying being done in this area, and he hopes that the plan is to go ahead with the widening of CR 48, especially at that intersection, which is very dangerous.

            Mr. Wolf stated that his second item of concern had to do with the Palatlakaha Environmental and Agricultural Reserve (PEAR) Park. His letter included the history of this item, which began in 2001, when the County entered in a lease arrangement with the State of Florida for the 268 acre facility. There was a problem in 2003, when the PEAR Park was kept locked and, in September, a partial solution came with the opening of the PEAR Dog Park, on Thursday mornings, and then to two days a week. He has expressed the current problems to Mr. Bob Stevens, Director of Parks and Recreation, and to others, noting that, with nearly 300 dogs registered, the Dog Park was closed last Saturday to the public, until further notice. He is appealing to the Board to take the necessary steps to assure the continuance of what he considers a vital service to the dog owners of Lake County. He noted that the master plan is lagging and no funds are being allocated in the budget process.

            Commr. Stivender explained that staff is working on what needs to be done at CR 48 and Hollendel Road. She noted that, in regards to the PEAR Park Dog Park, there were others present who may want to make comments.

            Ms. Mary Reed appeared before the Board and presented two letters she had written dated July 1, 2004 and July 18, 2004. Ms. Reed stated that she lives at the Plantation, and she is here today to speak about the PEAR Dog Park. The Dog Park opened last September, and she was very disappointed when she found out on Saturday that the Dog Park had been closed. About a month ago, they lost their volunteer supervisor, with her resignation being effective July 5, 2004. She spoke to Mr. Stevens a couple of weeks ago and gave him a petition with 72 signatures of those individuals who would appreciate having the Dog Park returned to its former status before they lose their volunteer supervisor. Mr. Stevens indicated that the Dog Park would be open on Thursdays and Saturdays, and some other days, but they were disappointed to find signs at the Dog Park on Saturday saying that it was closed. Ms. Reed explained the success of the Dog Park and noted that she had asked Ms. Trudy Ports, the volunteer who recently resigned, to be here today. She felt that Ms. Parks should be supported in her efforts at the Dog Park.

            Ms. Trudy Ports appeared before the Board and stated that she lives at the Plantation, and she started the Dog Park in September, 2003. She manned it personally by herself for the first five months, and it has been a labor of love for her. Ms. Ports stated that she had a very knowledgeable assistant, and together they had a very good background in running the Dog Park, and they have been acknowledged by the media and were actually putting Lake County on the map. They had almost 300 dogs coming to the Dog Park and, with more senior citizens coming into their neighborhoods, there is more of a need for this kind of environment. Ms. Ports explained her reasons for resigning noting particular communication problems between volunteers, including herself, and County staff, and stated that, with her help, she hopes they can resolve the problems with the Dog Park.

            Commr. Stivender stated that she served on the Parks and Recreation Committee at the time they started the PEAR Park, and she is familiar with what is going on there. She noted that Commr. Cadwell is not here today, but he will be informed of the status of this issue. She suggested that Ms. Port and the other volunteers, along with Mr. Stevens, and Mr. Bill Neron, County Manager, sit down and get this issue resolved because it is a needed entity. She asked that they meet in the next week and figure out the guidelines for PEAR Park and the Dog Park, and how they are going to operate it and put her back out there.

            It regards to Mr. Wolf’s comments, Mr. Fred Schneider, Director of Engineering, stated that, in regards to CR 48, the County has a Florida Department of Transportation (FDOT) grant for paved shoulders this next year and, with that, staff is looking at locations that are in need of turn lanes. Staff has identified a number of locations, and they are double checking by taking side street traffic counts. They want to put those funds in the locations that have the most need and those would include Hollendel, Waterwood, and in front of the bakery. He noted that staff is going down the whole corridor, from US 27 to SR 19 in Howey.

            Road Projects/Right-of-Ways/Speed Bumps

            Mr. Travis Whigham, Forest Hills, appeared before the Board to discuss the road project that he has been working on for a couple of years, which includes Jewel Drive, Bigfoot Way, and Fonseca. Mr. Whigham stated that they do not have the required 80% of right-of-way. He noted that they have 86% on Fonseca, 100% on Bigfoot Way, and 60% on Jewel Drive. Because it is difficult to get the last signatures on the deeds, he would like to ask the Board, by majority vote, to put it into effect without the exact 80%. Mr. Whigham addressed the problems that exist on the roads around Anna Street and Lake Mack Road, and he wanted to know if there was a possibility that the residents could get speed bumps placed in these areas around the bends, to slow down the traffic.

            Mr. Sandy Minkoff, County Attorney, explained that, with deeds, the County needs 100%, or they would use eminent domain, because the County cannot spend public money on a road, unless they have public right-of-way there.

            Commr. Hanson suggested that this issue be brought forward with a summary for discussion, on the agenda. She stated that she started working on this area when it was still in her district, and it really needs to be completed but there are some people on Jewel Drive that probably do not feel they will benefit as much from the project. She felt that staff could pull all of the information together and let the Board know what they have in terms of right-of-way because, as she recalls, it was not a publicly dedicated road.

            Mr. Whigham explained that the project will not only benefit the people that live on the roads, but it will benefit the entire community as a whole, because it will bring every Forest Hills resident within five miles of the Pine Lakes Fire Station.

            Commr. Stivender suggested that Mr. Whigham meet with Mr. Fred Schneider, Director of Engineering, to come up with a summary and bring it back to the Board, with a map, and to work with Public Works.

            Mr. Whigham stated that the road project would definitely solve the County’s problem with fire and rescue, because the response time would be reduced to half the time. In regards to the speed bumps, he felt they would help reduce the number of speeders in the area, because all of the other roads have been paved and there is less traffic on the roads now.

            Commr. Stivender suggested that Mr. Whigham meet with Mr. Schneider to discuss the issue of speed bumps.

            OTHER BUSINESS


            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the appointment of Thomas Cook to the upcoming vacant position of a citizen representing the elderly consumer on the Comprehensive Health Care Committee.


            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved rescind the appointment of Annette Robinson to the Cultural Affairs Council, and to approve the appointment of the recommended individual, Jennifer Phillips, to the vacant position on the Cultural Affairs Council.



            Mr. Sandy Minkoff, County Attorney, introduced Ms. Michele Nicholson, Real Estate Coordinator, to the Board and noted that she is the part-time position that the County Manager had them add last year. Ms. Nicholson has been involved in categorizing and inventorying all the County owned real property and creating a data base, and hopefully they are going to have it as a web page, and layer in the GIS system. When staff locates property that is not being used by any County departments, they are making an effort to dispose of it, and Tabs 22 and 23 are two of these types of issues.

            Mr. Minkoff referred to Tab 22 and stated that there are three parcels being discussed. The first is Alternate key #1282411, a 10-acre parcel that fronts on both Eagles Nest Road and Grays Airport Road in Fruitland Park. Staff feels it could be used for at least two single family dwelling units, and it is probably very valuable property. Mr. Minkoff stated that staff is recommending that the County sell this parcel by bid or auction.

            In regards to the second parcel, Alternate key #1472105, which is a 12.5 foot strip of land in Mount Dora between two lots, Mr. Minkoff explained that the property owners discovered it when they had their property surveyed and requested that the County sell it. Staff is recommending that the property be sold through private sale. He explained that, if it is less than $15,000 the County can notify only the adjoining property owners and sell it for the appraised value, which is his recommendation.

            The third parcel, Alternate key #376742, is located next to Lake Region Packing Association, and currently the County has an agreement with the Tavares Homeowners Park for boat and trailer storage. They requested that the County sell them that piece, and staff is recommending that the County not sell it at this time, because it is adjacent to the lake, and Public Works believes that it can be used for storage, water retention, or green area. They would like to continue to allow them to use it, but not sell it to them.

            Commr. Stivender stated that she had a couple of questions, because the third parcel is located in her district. The park has always used it to store their boats, and they have an arrangement with them, which allows them to use it. She is concerned because the County has not been able to use it for parking, when it has a parking problem, and she questioned whether the County has a monthly, or yearly agreement, and whether it is something that can be changed.

            Mr. Minkoff explained that the arrangement can be terminated if that is the desire of the Board. He stated that it is a very small parcel, and staff is recommending that the County not sell it to the Tavares Homeowners Park.

            Commr. Stivender requested that Mr. Minkoff research this item and bring it back to her and, as directed, Mr. Minkoff noted that he will look at all of those other issues.

            Mr. Minkoff referred to Tab 23 and explained that, in 2000, the County took title to certain real property in Umatilla through a code enforcement foreclosure action. The property has not been maintained. The other half of the lot is owned by an individual who is deceased and has not paid the taxes on the property, so it is available on the Land Available List (LAL), for $3,795.12. If the two pieces were combined together, they would have a buildable lot. Staff recommends purchasing the adjoining lot from the LAL and paying the back taxes, which would put them together into one parcel. They would like to use the Code Enforcement Lien Fund to clean up the property, and then transfer the property to Habitat for Humanity. If they take the property, then the County will not have to clean it up; if they do not take it, then the County will clean it up and sell it as a buildable lot. Because of the LAL, there will have to be a Quiet Title action to clear the title to it, and Habitat has indicated that they will pay all of those costs, if the County Attorney’s Office would prepare the document, and staff would like to have that authority.

            Mr. Minkoff stated that staff would like to get approval to use the Code Enforcement Lien Fund on an ongoing basis without having to come back to the Board, when they have other parcels throughout the County, particularly code enforcement cases, where the County now owns the property. He noted that Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, has recommended approval of this request.

            Commr. Hanson stated that she appreciates the work that staff, and the County Attorney, have done in making this available for Habitat for Humanity. She did want to know whether, if Habitat did not want it, there was a possibility that it could be used in the Affordable Housing Program.

            Mr. Minkoff explained that staff is planning on having a workshop with the Board to explain the process they are using but when they go through and find a piece of property that someone wants to buy, or they show it being vacant and not being used, they notify all of the department directors and, if it is within a city, they notify the city, to see if any other person would want to use it. Mr. Fletcher Smith, Director of Community Services, would get a notice that they were getting ready to dispose of a property. Mr. Minkoff explained that staff has uncovered some other issues, which they will bring back to the Board. Their goal is to bring them three or four pieces a month, until they get everything they are not using sold or put out there, so it is not just sitting there.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved Tabs 22 and 23, as follows: declaration of the following County owned property as surplus for the purpose of disposal (Alternate Key Number 1282411 and Alternate Key Number 1472105), as recommended, and with no action being taken on Alternate Key Number 1376742; and to purchase Umatilla property off the Lands Available List, declare certain real property surplus and approval of Resolution 2004-111 authorizing the donation of the property to Habitat for Humanity, or alternatively, to sell the property; authorize the Chairman to sign any and all closing documents required to transfer title to Habitat for Humanity, or other such purchaser; and authorize the County Attorney's Office to utilize the funds in the Code Enforcement Lien Fund for the purpose of maintaining or cleaning up County-owned property in the future.



            Mr. Bill Neron, County Manager, stated that this is a request for funding that was sent to Commr. Hanson from the St. Johns River Alliance, but it did not get to staff for inclusion in the proposed budget. They are asking the Board’s consideration and direction to staff to put these funds in the proposed budget.

            Commr. Hanson explained that the funds go mostly for staff support. She stated that the St. Johns River Alliance is just getting started and they are working on a strategic plan, but it is going to be critical that they have a director on board. She noted that this is a small amount of funding for clean up of St. Johns, and the tributaries. Even though Mr. Gene Caputo works with the County, this would be an addition.

            Commr. Pool stated that this will increase the efforts to secure state and federal funds, and he feels this is a good investment.

            Commr. Hill questioned whether the St. Johns River Alliance has set forth some goals that they want to obtain, and Commr. Hanson responded that they worked on them a month ago, and they will be refining them at their next meeting. In regards to Commr. Hill’s comment about the St. Johns River Alliance, and the St. Johns River Water Management District (SJRWMD), basically having the same mission, Commr. Hanson responded that the St. Johns River Alliance works closely with the SJRWMD, but they go over and beyond their efforts.

            Commr. Stivender questioned whether the Water Authority, and the Harris Chain of Lakes, and other organizations, are a part of this and Commr. Hanson responded that, at this point, it is just the counties, but later on they may go to other organizations within the County for funding.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request from the County Manager to provide support to the St. John's River Alliance, in the Fiscal Year 2005 budget, in the amount of $5,000.00 to increase efforts to secure state and federal funds for various projects.



            Commr. Stivender and other Board members extended their congratulations to Commr. Hill for being re-elected without opposition for another four year term on the Board.


            Commr. Stivender stated that, since she has two opponents in the election, and she is on the Canvassing Board, she would like to appoint Commr. Hanson to be on the Canvassing Board, until after the August 31, 2004 election results.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the appointment of Commr. Hanson to the Canvassing Board, until after the August 31st election results.


            Commr. Stivender informed the Board that, at the first meeting in August, the Board will be recognizing the youth in the County, so the citizens can see what a great job they are doing.



            Commr. Hanson stated that she has a draft letter letting the folks in the community know about the seminar on Planning for Open Space, on October 7, 2004, from 9 a.m. to 4 p.m., at the Magnolia Room, Lake Sumter Community College, in Leesburg. She stated that Ms. Linda Chapin, University of Central Florida (UCF), will be here to help facilitate it. They are also trying to get Mr. John Delaney, President of the University of North Florida, to be the keynote speaker, and Ms. Amye King, Chief Planner, along with other staff, have worked real hard to pull this together. They feel it will be real exciting and will serve as an education workshop for the citizens, in regard to the referendum. Commr. Hanson suggested that the letter go out from the Chairman. She noted that they are looking for sponsors, and the letter will be presented to the newspapers.


            At 9:45 a.m., Commr. Stivender noted that the Board would take a 15 minute recess.

            CLOSED SESSION

            At 10 a.m., Commr. Stivender reconvened the regular meeting.

            Mr. Sandy Minkoff, County Attorney, stated that, at the last meeting, he asked that, pursuant to Florida Statute 286.011, they have a closed session to discuss pending litigation. They have advertised that meeting for today. The court reporter is here who will record everything that occurs at the session including when they begin and when they end. No portion of it can be off the record, and they are only going to discuss settlement negotiations, or strategy sessions, and not make any decisions. He anticipates that the meeting will take about 10 to 15 minutes, and the only persons there other than the Commissioners will be Mr. Bill Neron, County Manager, and himself.

            The Board went into closed session at 10:02 a.m.

            At 10:15, Commr. Stivender reconvened the regular meeting and announced that the closed session had ended.


            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:15 a.m.









                                                                                    DEBBIE STIVENDER, CHAIRMAN