BOARD OF COUNTY COMMISSIONERS

HERNANDO COUNTY

SEPTEMBER 22, 1998

The Hernando County Board of County Commissioners met in Regular Session in the John Law Ayers Room, Government Center, Brooksville, Florida, on Tuesday, September 22, 1998, at 9:05 a.m. Members present were: Hannah M. Robinson, Chairwoman; Barbara "Bobbi" Mills, Vice Chairwoman; Ray Lossing, Pat Novy and Paul H. Sullivan, Commissioners. Staff members present were: William Buztrey, Assistant County Attorney; David Casto, Emergency Management Officer; Bonnie S. Dyga, County Administrator; James Gantt, Central Purchasing Director; Larry Jennings, Planning Director; Charles Mixson, County Engineer; Richard Radacky, Utilities Director/Interim Deputy County Administrator; Robert Bruce Snow, County Attorney; Grant Tolbert, Development Services Director; and Barbara Wycka and Michelle Huntsman, Secretaries.

The meeting was called to order at 9:05 a.m. by Chairwoman Robinson, who led the Pledge of Allegiance.

Resolutions - Constitution Week - Adoption of No. 98-177 Proclaiming September 17 Through 23, 1998

Comm. Lossing read aloud a Resolution proclaiming the week of September 17 through 23, 1998, as Constitution Week in the county, and encouraging the citizens to join the commemoration.

Motion

Comm. Lossing moved to adopt Resolution No. 98-177; seconded by Comm. Sullivan and carried unanimously.

Reverend Margaret Green accepted the Resolution.

Resolutions - American Business Women's Association Week - Adoption of No. 98-178 Proclaiming September 20 Through 26, 1998

Comm. Novy read aloud a Resolution proclaiming the week of September 20 through 26, 1998, as American Business Women's Association Week (ABWA) in the county, and saluting all business women in the community for their contributions to the private and public sectors of the County.

Motion

Comm. Novy moved to adopt Resolution No. 98-178; seconded by Comm. Sullivan and carried unanimously.

Carol Brantley and Sean Lahey, on behalf of the Tangerine Charter Chapter of the ABWA, were present to accept the Resolution.

Ms. Brantley expressed her appreciation to the Board and commented on the scholarships presented to county residents.

CITIZENS' INPUT

Utilities - Property - Citizens Opposed Purchase of McGee Building

Mr. Joseph D'Andria, resident in the historic area of the McGee building, opposed the sale of the McGee building to the Utilities Department. He indicated that the neighborhood would appreciate any efforts by the Board to prevent this sale. He indicated that he was also speaking on behalf of Phil Daniel.

Mr. John MacFarlane, resident of Irene Street and representing other residents of the area, commented on the historic significance of the community and noted the Resolution of the City of Brooksville to move towards a historic identity. He asked the Board to find a new location for the Utilities Department. He requested the Board consider the safety factor in the area, i.e., the school buses for Hernando High School.

Ms. Laree Hensley, adjacent property owner to the McGee building, expressed opposition and requested a traffic study of the area. She understood the building would be doubled in size with an elevator which would call for additional parking and other considerations. She asked the Board to consider the neighborhood.

Mr. Jim Gordon, citizen of Brooksville, felt the McGee building was a low impact area in the community. He noted the amount of traffic in the area which would be increased by the Utilities Department. He felt this was not a proper approach for the McGee building with the attempt to have a long-term vision and keep the uniqueness and southern charm of Brooksville.

Personnel - R. Alan Holbach - Citizen Commented on Provision of Severance Pay

Mr. Dom Cabriele of Secretariat Run, felt that the recent decision of the Board to provide severance pay to R. Alan Holbach was an error. He commented on accrued vacation pay and his recent discussion with County Administrator Bonnie S. Dyga. He noted that Mr. Holbach accrued 12 weeks vacation time and was paid at his highest pay rate. He felt Mr. Holbach's accrued vacation was an unrealized liability which must be paid by the taxpayers.

Ms. Dyga indicated the maximum number of accrued hours for vacation pay was 480.

Mr. Cabriele suggested consideration of a maximum amount of accrued vacation per year which must be used or lost.

Personnel - Salaries - Citizen Expressed Opinion on Increase

Mrs. Claire Richter expressed her opinion that the recent wage increases were unfair. She felt that the increases for top employees should not have been so great and should have been meted out in increments and that the lowest paid employees should have received more. She indicated the increases did nothing to instill pride in the staff. She stated that the electorate wished to know their tax dollars were not being wasted.

Fire Districts - Northwest - Citizen Requested Status Report on Misplaced Deed

Mr. John Tenini agreed with the statements of Mr. Cabriele and Mrs. Richter. He noted that the Northwest Fire District was created 15 years ago. He commented on the fire house on Grove Road which was abandoned. He stated that the Legal Department requested his assistance in locating the deed to the property which was lost and requested the status.

Litigation - Marston - Citizen Requested Status Report

Mr. John Tenini requested a status report on the Marston parking space litigation. He questioned the cost to the taxpayers; who made the decision to take the parking space away; who was given the space this employee had; and did the person who took the parking space away discuss it with the Legal Department prior to action being taken. He also commented on the receipt of severance pay by Mr. R. Alan Holbach.

Comm. Novy requested County Administrator Bonnie S. Dyga to perform research on the questions presented.

Ms. Dyga understood the issue was still in litigation.

County Attorney Robert Bruce Snow reported that Attorney Morgan, representing the County through its insurance carrier, advised that the Marston litigation was not over and it would be premature to speak about the issue. He stated he would ask Mr. Morgan to speak to the Board in Executive Session regarding the issue.

Ms. Dyga indicated that the information would be shared once the litigation was resolved.

Fire Districts - Privatization - Citizen Requested Spring Hill Not be Included

Mr. Sal Fico asked if privatizing fire departments included Spring Hill, as he felt the equipment belonged to the citizens of Spring Hill.

County Administrator Bonnie S. Dyga stated that the Board had appointed a group of citizens to review a host of issues, not specifically privatization. She indicated that Spring Hill would participate.

Roads - Spring Hill Drive - Citizen Thanked Board for Work on Median

Mrs. Peggy Cartwright remarked that the median on Spring Hill Drive was mowed and looked better. She thanked the Board.

Drainage - Bystre Lake - Citizen Questioned Status of Situation

Mrs. Mary Evelyn Reid reported that Bystre Lake was overflowing. She questioned the status of the water samples taken and asked if the water could be diverted into the Old Sikes pit. She reported that water was still standing in the closed basin this morning. She asked what was being done about this situation.

County Administrator Bonnie S. Dyga replied that the Department of Environmental Protection was still reviewing the situation. She suggested a report be made to the Board on what had been done on flooding issues and action taken since she came to the County in February.

Mrs. Reid asked if any funds for flooding would be used in her area.

Chairwoman Robinson recalled that the meeting referred to by Mrs. Reid was canceled since the technical portion was not available. She reported that she had asked the Board to support a Stormwater Flood Management Plan and the report and activity resulted from that request. She noted that the Board was moving on the issue and a report would come forward as soon as possible.

APPROVAL OF CONSENT AGENDA

The Consent Agenda for September 22, 1998, was submitted for the Board's approval as follows:

Grants - Special Waterway Projects Program - Approval of Agreement With Department of Environmental Protection for Funding for Boat Launching Facilities Improvements at Rogers, Bayport and Nobleton Wayside Parks

Received a memorandum from County Engineer/Public Works Director Charles Mixson and Assistant Public Works Director for Facilities Charles "Pat" Fagan advising that the County had applied for and received a Special Waterway Projects Program Grant in the amount of $80,000 for boat launching facilities improvements at Rogers Park, Bayport Park and Nobleton Wayside Park. The Agreement would be entered into between the Department of Environmental Protection and the County, with the Department of Public Works acting as liaison for the County. The Agreement shall begin upon execution by both parties and terminate on December 31, 1999. The County agreed to complete the project on or before November 1, 1999.

RECOMMENDATION

The staff recommended the Board approve the Agreement and authorize the Chairwoman's signature on the document to secure funding for the project.

Budgets - Supervisor of Elections - Approval of Budget Amendment to Accommodate Upgrade of Equipment to Implement New Program on Absentee Laws

Received a memorandum from Budget Officer Robert J. Simpson advising of a Budget Amendment received from the Supervisor of Elections. The amendment was a request to transfer funds from Contract Services to Machine and Equipment to accommodate an upgrade of equipment to implement a new program on Absentee Laws.

RECOMMENDATION

The staff recommended the Board approve the Budget Amendment and authorize the Chairwoman's signature on the Amendment form.

Contracts and Agreements - York Hannover Partnership - Approval of Assignment of Lease to Badger Acquisition Corporation for Lots 2 and 3 of Airport Industrial Park

Received a memorandum from Airport Manager Robert Mattingly advising that the Airport Industrial Park had an existing lease for Lots 2 and 3 with York Hannover Partnership. Badger Acquisition Corporation was negotiating a contract to purchase the Leasehold improvements on Lots 2 and 3 and have the lease assigned with the consent of the Board. All terms of the lease had been complied with to-date. The existing Ground Lease had 16 years remaining with a 30-year option.

RECOMMENDATION

The staff recommended the Board approve the Assignment of the Ground Lease between the County and York Hannover Partnership and authorize the Chairwoman's signature on the Assignment.

Grants - State Aid to Libraries - Approval of Grant Agreement With State for Library Services Funding for FY 1998-99

Received a memorandum from Library Services Director Laurel Solomon advising that the State annually provided funds for the operation of County-wide library services through its State Aid to Libraries Grant. Receipt of funds required submission of a certified financial statement, compliance with program guidelines, and annual submission of the application prior to October 1.

RECOMMENDATION

The staff recommended the Board authorize the Chairwoman's signature on the State Aid to Libraries Grant Agreement - 1999, enabling the County Public Library System to receive its share of State Operating Grant Funds for FY 1998/99.

Grants - Emergency Medical Services County Grant - Approval of Grant Application and Adoption of Resolution No. 98-176 For Submittal to Bureau of Emergency Medical Services for Improvements and Expansion of Pre-Hospital Emergency Medical Services

Received a memorandum from Emergency Management Officer David Casto advising that the Department of Health, Bureau of Emergency Medical Services was offering grant monies to the County to improve and expand its pre-hospital emergency medical services. The County's grant total for FY 1998/99 was projected to be $18,004.73, with carry forward funds of $1,346.53, making the total available $19,351.26

RECOMMENDATION

The staff recommended the Board approve the Grant Application and adopt Resolution No. 98-176 requesting available funding from the Department of Health, Bureau of Emergency Medical Services.

Mrs. Claire Richter requested an explanation of the grant.

Mr. Casto responded that the grant was an annual allocation by the State with no match required and was to fund ambulance companies, fire districts and other agencies which provided training for pre-hospital care, including the American Red Cross and other agencies. He explained that it could be a combination of training or equipment. He pointed out that the funding was a little less than received in the past. He reported that the funds were from tickets written on traffic accidents; therefore, as the funds became less each year, it was a good indication the program was working and there were less traffic accidents causing injuries.

Minutes - BCC - Approval of Budget Meeting of August 12, 1998

The Minutes for the Budget Meeting of August 12, 1998, were submitted for the Board's approval.

Motion

Comm. Novy moved to approve the Consent Agenda for September 22, 1998; seconded by Comm. Lossing and carried unanimously.

CORRESPONDENCE

Boards - Library Advisory Committee - Received Letter of Resignation From Kathleen Kosuda

Received a letter from Kathleen (Kay) Kosuda submitting her resignation from the Library Advisory Committee. A Certificate of Appreciation had been forwarded to Ms. Kosuda. The staff was in the process of advertising for applicants to fill the vacant position.

Audits - Grants - Received Review of Decentralization or Centralization of Grant Reports

Received a memorandum from the Audit Services Department transmitting the Review of Decentralization or Centralization of Grants Report. Copies had been provided to each Commissioner and the County Administrator.

State - Division of Historical Resources - Received Letter Advising of Recommendation of Formal Nomination for Listing of Judge Willis Russell House in National Register of Historic Places

Received a letter from George W. Percy, State Historic Preservation Officer, advising that the Florida National Register Review Board had recommended the Judge Willis Russell House, 201 South Main Street, Brooksville, be formally nominated for listing in the National Register of Historic Places.

Municipal Service Benefit Units - The Trails at Rivard - Petition Received Requesting Creation of Street Lighting MSBU

Received a petition requesting Special Assessment Improvements from the residents of The Trails At Rivard for street lighting maintenance and power in that area. The staff was processing the petition and preparing an agenda item for the Board's consideration.

Withlacoochee Regional Planning Council - Solid Waste Management - Received Letter Inviting Comments on Proposal Developed by Work Group From Various Counties

Received a letter from Citrus County Board of County Commissioners Chairman Gary Bartell inviting comments on the proposal that a work group, made up of staff and/or a Commissioner from Hernando, Citrus, Levy, Sumter, Marion, Lake, Orange and Pasco Counties, work under the organizational umbrella of the Withlacoochee Regional Planning Council to further explore various solid waste management issues.

Miscellaneous - Major League Baseball - Receipt of Letter Advising of Plans to Solicit Team for Spring Training

Received a letter from Thomas V. and Barbara A. Troisi advising the Board of their plans to solicit a Major League Baseball Team for spring training in the county. Mr. and Mrs. Troisi stated that a feasibility study was currently being performed. They wished to make a presentation to the Board for their consideration upon completion of the study. In the event the Board authorized the project to proceed, the Troisis' requested approval for their involvement in the project.

Litigation - David Pointec - Transmittal of Weekly Site Inspection Report

Received a memorandum from Development Services Director Grant Tolbert transmitting the nineteenth weekly site inspection report submitted by Dan Matusik, Building Inspector, for the David Pointec residence located at 3224 Gulfwinds Circle. The report stated that some shingles and aluminum soffit had been completed.

Audits - Community Services Department - Follow-Up Audit Received on Park User Fees and Commercial Concession Commissions

Received from the Audit Services Department the Community Services Follow-up Audit of Park User Fees and Commercial Concession Commissions. Copies had been provided to each Commissioner and the County Administrator.

RECESS/RECONVENE

The Board recessed at 9:35 a.m. and reconvened at 10:05 a.m.

Vacations - Peter and Linda Brack - Approval of Vacation of Portion of Easements in Royal Highlands/Adoption of Resolution No. 98-179

Proof of publication of Notice of Public Hearing was noted to consider the petition of Peter and Linda Brack to vacate a portion of easements in Royal Highlands.

The subject property was the east 7.5' easement of Lot 3 and the west 7.5' easement of Lot 4, Block 320, Royal Highlands, Unit 5.

Chairwoman Robinson and Comms. Lossing, Mills, Novy and Sullivan announced they had had no ex parte communications concerning the petitions being considered at this meeting.

Assistant County Attorney William Buztrey utilized overhead projection of the subdivision plats and advised that Mr. and Mrs. Brack, the property owners of Lots 3 and 4, would like to construct a home utilizing Lots 3 and 4 for their home; therefore, they were petitioning the County to vacate their interest in the two easements.

The Planning Department, Utilities Department, Engineering Department, Zoning Administrator, Time Warner Cable and BellSouth were contacted in reference to the vacation of the easements and they had no objections.

Mr. Buztrey stated that Withlacoochee River Electric Cooperative (WREC) had no objection to the vacation of the easements; however, WREC wanted the petitioner to be aware that a utility pole was located on the road right of way (ROW) and may cause a problem if the petitioner's intent was to construct a dwelling on the two combined lots. The petitioner had spoken with Mr. Coburn, WREC West Hernando District Manager.

Mrs. Loretta Mazzuco, of Royal Coachman Homes and representative of Mr. and Mrs. Brack, under oath, stated that the petitioners were aware of the telephone pole at the center of their lots and had no problem. She presented a proposal of how the house could be set whereby the maximum number of trees could be saved and not have the pole moved.

Mr. Buztrey explained that the same map was attached to the Notices of Advertisement for this vacation and the next petition for vacation of Jay and Diane Rowden.

There was no public comment received on the petition.

Motion

Comm. Sullivan moved approval of the petitioners' request and adoption of Resolution No 98-179; seconded by Comm. Novy and carried unanimously.

Vacations - Jay and Diane Rowden - Approval of Vacation of Portion of Easements in Royal Highlands/Adoption of Resolution No. 98-180

Proof of publication of Notice of Public Hearing was noted to consider the petition of Jay and Diane Rowden to vacate a portion of easements in Royal Highlands.

The subject property was the north 7.5' easement of Lot 8 and the south 7.5' easement of Lot 7, Block 119, Royal Highlands, Unit 9.

The Board was polled for ex parte communications during the Brack petition.

Assistant County Attorney William Buztrey utilized overhead projection and advised that Mr. and Mrs. Rowden, the property owners of Lots 7 and 8, would like to construct a home utilizing Lots 7 and 8 for their home; therefore, they were petitioning the County to vacate their interest in the two easements.

Mrs. Rowden, under oath, stated she was aware of the telephone pole and that any movement of the pole would be within their cost.

There was no public comment received on the petition.

Motion

Comm. Sullivan moved approval of petitioners' request and adoption of Resolution No. 98-180; seconded by Comm. Novy and carried unanimously.

City of Brooksville - Downtown Redevelopment Project - Discussion of Proposed Creation of Tax Increment Financing District to Fund Improvements

Planning Director Larry Jennings announced that the City of Brooksville was in the process of establishing a Downtown Redevelopment Project. He noted that information had been submitted which outlined a number of the issues associated with this particular effort. He stated that one of the components was the creation of a Tax Increment Financing (TIF) District to fund improvements within the redevelopment area. A TIF was a financing method where a base year for assessed values of real property within a District was established. The TIF was funded by the incremental increase in assessed value above the base year.

Mr. Jennings commented that the creation of a TIF had potential impacts on County government, in that, if a TIF was created, future incremental revenues from both County and City of Brooksville taxes would be used to fund the TIF. In the process of establishing the TIF, the City of Brooksville was required to give notice to the taxing authorities that were potentially impacted by the TIF. The City proposed to hold public hearings to consider establishing a TIF beginning in October. The staff's review of Florida Statutes determined that it appeared the only authorities affected by the City's action were the City and the County.

Mr. Jennings explained that since the TIF was funded by the annual incremental increase in the assessed value of property within the district, it was difficult to establish impacts on the County's revenue. The assessments within the TIF would be capped in the taxable years of the Ordinance's adoption and increases in the assessed valuation would be used to calculate dollars used to fund downtown revitalization efforts. However, there was not a guarantee that valuations within the District would continue to rise. Additionally, improvements within the District could have beneficial impacts to surrounding areas.

Mr. Jennings advised that, consequently, the staff was of the opinion the establishment of the downtown redevelopment area and TIF was beneficial to the County and the County should cooperate with the City as opportunities arose.

Mr. Ernie Wever, Mayor of the City of Brooksville, introduced Consultant Robert Johnson to answer any questions of the Board.

Mr. Johnson explained that the City undertook this effort when they realized they could apply for Community Development Block Grants (CDBGs) for improvements in the downtown area. He stated that the criteria for applying for CDBG funds was to have a redevelopment plan which was drafted last year. He indicated that several public hearings had been conducted with business and general public. He explained that the redevelopment plan served as a strategic plan for a 30-year period for the redevelopment area, and differed from the City's Comprehensive Plan in that it looked specifically at this area and detailed specific goals for making improvements. He felt it was important the City proceed at this time as the funding cycle would come up at the beginning of next year and the process of drafting the application and taking public input was required. He indicated that the City would look at a $600,000 grant and the TIF was a good method to provide matching funds to the grant. He announced that there would be a Local Planning Agency (LPA) meeting on October 14, the City Council would hold a public hearing on the redevelopment plan and the first reading of the TIF Ordinance, with the final reading on November 2. He introduced City Clerk Karen Phillips to answer any questions.

Comm. Sullivan felt it was an excellent program. He indicated that if 30 years were pledged, the governing body of the City would have to make up the lost revenue in other ways and asked how it would be done.

Mr. Johnson replied that TIF funds would be set aside to be used for activities identified in the redevelopment plan. He indicated that the personnel working in the redevelopment area could be supported. He indicated that in most communities since other grants could be applied for, personnel and services provided in the redevelopment area were increased without increasing taxes or affecting the overall budget process.

Mrs. Phillips interjected that it was the hope of the City that the surrounding areas around the TIF district would also benefit and the tax base in those areas would rise to offset the costs.

Comm. Lossing asked if Dade City set up this district.

Mr. Johnson replied Dade City was currently in the process of creating a redevelopment plan. He believed they were participating in the Main Street Program, a Department of State program which paralleled the redevelopment program.

Chairwoman Robinson believed the Board needed to take advantage of every opportunity to support the City. She asked the City to keep the Board informed.

Comm. Sullivan felt it was important for the Board to go on record as unanimously supporting the City's efforts.

Motion

Comm. Sullivan moved that this Board strongly supported the efforts of the City of Brooksville in its redevelopment plan and that the Board was ready and willing to assist the City; seconded by Comm. Novy and carried unanimously.

Ordinances - Tree - Approval of Request by D.A.B. Contractors, Inc. For Removal of Specimen Trees for Asphalt Plant with Stipulations

Development Services Director Grant Tolbert related that a request had been received from D.A.B. Contractors, Inc., (DAB) to remove 45 specimen trees from property located on the north side of Spring Hill Drive, approximately 3,200' west of US 41.

Mr. Tolbert explained that the property, which was zoned I/PDP with a Special Exception for Heavy Manufacturing (Asphalt Plant), was owned by the County and leased by DAB, who planned to construct an asphalt plant. He explained the Ordinance requirement was that the removal of specimen trees was only permitted within 6' of a building site unless approved by the Board. He indicated that the new proposal by the petitioner was to remove 34 trees instead of the original 45 requested; however, there would be a total of 858 inches to be removed. The petitioner had stated that the removal of the trees would allow for storage of aggregate needed in the manufacture of asphalt. He noted that the site plan showed the areas that would be designated for aggregate storage, and that the majority of the trees would be removed from the north side of the property. He pointed out that the site plan reflected that in the north area the trees were close together.

The staff recommended the petition be denied due to the fact that the storage areas could be re-designed, resulting in fewer trees being removed from the property and that building plans had not been submitted which required removal of the trees.

Comm. Novy appreciated the staff's position as she was always in opposition to specimen trees being removed in any area of the county. She asked if there was any other area DAB could lease, rather than this location or another way to place the stockpiles. She felt there were other areas in the county where specimen trees would not have to be removed.

Mr. Michael Rooks, DAB Assistant Manager, referred to the July 14 meeting after the Planning and Zoning (P&Z) Commission approved the special exception to Heavy Industrial, and indicated it was noted at that time there may be a problem with the trees. He indicated that DAB reviewed multiple layouts of the property attempting to maximize the number of trees which could be saved. He provided a detailed explanation of the attempts to configure the property for placement of the plant.

Mr. Rooks responded to Comm. Novy and indicated there were a limited number of properties available zoned industrial. He indicated that to attempt to make a shift would create havoc with the Suncoast Parkway schedule. He pointed out that DAB was also considering the long-term aspect of the lease.

Comm. Novy indicated she would not have voted for the lease if she would have known this result.

Mr. Bill Bauch (phonetic spelling) of DAB indicated that an extensive search of the county had been done to purchase or lease industrial-zoned property. He reported that the only heavy industrial use in the county surrounded the Airport. He indicated that during the first meeting several trees were discussed; therefore, a 30' to 40' buffer was left in some areas. He indicated that the request to remove the trees was due to the change in location of the plant. He stated that an enormous amount of funds had been spent performing engineering studies. He noted that the Army Corps of Engineers found something on the site that was unknown to them.

Comm. Novy was uncomfortable with the fact that at the July 14 meeting the possibility of removing a few trees was discussed. She noted that this was more than a few trees.

Mr. Rooks explained that multiple things must be done to develop a site plan part of which was a tree survey. He stated that until DAB had the information from the tree survey, they did not know the number of specimen-sized trees.

Mr. Bauch assured there were three times as many specimen trees being left on the site as being removed. He pointed out that the problem was on the north part of the property.

Mr. Rooks pointed out that DAB had agreed to a 25' buffer around the plant which contained a significant number of specimen trees in the buffer. He indicated that over the life of the lease, DAB would pay over $60,000 to maintain the 25' buffer. He continued that in order for DAB to lease the property from the County and to allow the County to lease a portion to Proud Pelican, DAB was spending over $50,000 for improvements to install the left turn lane and water and sewer lines; $10,000 in non-productive time in lease payments while proceeding through the permitting process; and over $500,000 in revenues to the Board with the current lease rate, excluding what DAB may lease in the future. He stated that DAB was opposed to unnecessarily removing trees; however, to make the plant and leasehold work for this business, these specific trees must be removed. He stated that he had asked Airport Manager Robert Mattingly how many other businesses in the Industrial Park had had to perform infrastructure improvements and request to remove specimen trees to pay the County for use of the property and Mr. Mattingly could think of none.

County Administrator Bonnie S. Dyga recalled there was a reduction in the rental to accommodate that and to offset the cost of some site development.

Mr. Bauch replied negatively. He stated that the quote originally given was $.05 per square foot and after negotiations the rate was $.09 per square foot.

Comm. Mills commented on the redesign of the storage areas and asked if Mr. Tolbert reviewed the redesign presented at this meeting.

Mr. Tolbert replied affirmatively and indicated it was much improved. He stated that the staff had requested an additional savings of trees, which DAB accommodated by reducing to 858 inches to be removed. He explained that DAB also relocated the asphalt plant to the east of the road to reduce visibility from Spring Hill Drive.

Comm. Mills asked if the site plan could be improved more or had DAB cooperated sufficiently to satisfy the staff recommendations.

Mr. Tolbert felt DAB accommodated the staff, but the staff could not recommend approval as no buildings were being constructed in the area. He indicated that if the stockpiles had been buildings, the staff could have approved the request without coming to the Board. He felt the site plan was probably the best they could do. He indicated that the large grouping of trees would be removed at the time the project was developed for its ultimate use, unless the Board decided to set the entire property aside for a preservation area.

Comm. Sullivan commented on the significant amount of clearing at the site and asked if a permit was required for clearing prior to development of the site.

Mr. Tolbert replied DAB had submitted plans and explained that the staff authorized clearing of property once the plans had gone through DRC providing no specimen trees were removed. He felt there was no violation of the Ordinance.

Responding to Comm. Sullivan, Mr. Tolbert explained that the trees marked in green were the trees to be saved. He pointed out there were more trees being saved on this plan than the previous.

Comm. Novy felt this should be a preserved lot as it was a visible area in the county.

Mr. Tolbert indicated that the lot was not platted at this time.

Motion

Comm. Novy moved to continue to have that lot be a preservation area and not use it for any industrial concerns.

The Motion died for lack of a second.

Comm. Mills asked if the plans could be replatted to make a lot at the north end even though this was designated as heavy industrial and the plans were approved.

Mr. Tolbert replied affirmatively and stated that the plat would be permitted in that zoning district, but the entire process must be followed. He explained that in order for the Board to use the property on a more permanent basis after the asphalt plant was gone, it was probably the most reasonable way to develop the property. He commented that the plan shown to the staff by the Airport was a proposal and was not platted. He indicated the Board had the option of how it wished to develop the land in the future in the direction to the staff.

Discussion ensued regarding the location of the plant stockpiles.

Comm. Lossing asked if the trees to be removed could be viewed from the road.

Mr. Tolbert replied negatively. He pointed out that DAB had the buffer around the entire area and the specimen trees in the buffer were not shown on the plans. He indicated there would be a continuous tree line around the south, east and to a lesser extent on the north of the buffer area.

Comm. Lossing asked if DAB could save more trees.

Mr. Tolbert replied that DAB might be able to save a few more trees, but that would "squeeze down" the operation. He indicated that at a certain point the site would be so tight that the operators would be killing the trees by driving around and under them, which was not desirable from the staff's standpoint.

Comm. Lossing felt if DAB was forced to attempt to save more trees it may develop into a safety issue in the operation of the plant.

Discussion ensued regarding the site and surrounding area.

Comm. Sullivan asked if the decision to zone the property in question heavy industrial was recent or had the zoning been that designation for some time.

Mr. Jennings replied that from a zoning perspective the property had been zoned industrial for years, but the special exception for the asphalt plant was granted approximately two to three months ago. He recalled that on the Airport Master Plan, this area had been designated for some time as a heavier industrial area than the Airport Industrial Park to the south of Spring Hill Drive.

Motion

Comm. Lossing moved approval of the petitioner's request with respect to Plan B (34 trees); seconded by Comm. Mills.

Comm. Mills asked if the Motion should include language "the trees to be saved as indicated on Plan B." She stated that she was agreeing with Plan B since the staff was appreciative of the efforts of DAB and were confident they had made every possible change to save as many trees as possible. She asked that the Motion include the trees to be removed as well as the trees to be saved.

Comm. Lossing agreed to include that as an addition to the Motion.

The vote was taken on the Motion as amended and it carried 4-1 with Comm. Novy voting Nay.

Library - West Hernando Branch - Expenditure of Funds Authorized for Expansion of Parking Lot

Library Services Director Laurel Solomon explained that in order to alleviate the lack of parking for patrons at the West Hernando Branch Library, a proposed parking expansion for the site was recommended. She indicated that the overflow parking would be located in an area directly across from the loading dock on the north side of the building and would provide an additional 29 parking spaces where the staff, volunteers and VISTA workers would park, thus freeing parking spaces on the west side of the building for patron use only. This overflow parking expansion would initially have a gravel surface, unlike the current parking lot on the west side of the building. She related the price quotes received for the parking lot expansion as follows: Smith & Edwards Construction Co., Inc. - $17,050; Grubbs Construction Company - $14,400; and Simmons Construction Company Inc. - $16,515.

The staff recommended the Board authorize the expenditure of funds in the amount of $14,400 from the Board contingency account for the West Hernando Branch Library parking lot expansion.

Motion

Comm. Novy moved approval of the staff recommendation; seconded by Comm. Lossing.

Comm. Sullivan asked if the reason for not paving the parking lot was because she did not wish to go through the expense of putting in a drainage retention area.

Mrs. Solomon felt using gravel at this time would allow the staff to ascertain if the problem was alleviated as well as look at the future use of the building to use the land for expansion purposes.

Comm. Sullivan asked if the staff was comfortable with gravel rather than asphalt.

Mrs. Solomon replied affirmatively.

The vote was taken on the Motion and it carried unanimously.

COMMISSIONERS' REMARKS

Comm. Mills

Miscellaneous - Coastal Clean Up - Commissioner Reported on Attendance

Comm. Mills reported on her participation in the Coastal Clean Up this past weekend. She appreciated Mr. Rick McCleery from the Southwest Florida Water Management District (SWFWMD) providing a pontoon boat for use. She noted that the event was successful and commented on the amount of trash collected.

Personnel - Firefighters - Report on Receipt of Commendations

Comm. Mills reported on the correspondence received commending fire fighters which included: a commendation from RSVP thanking the fire fighters for the demonstration; a thank you from Woodland Waters for providing blue markers in the street showing the location of fire hydrants; a letter from the City of Seminole commending the firefighters for help with the fires; and from the residents of the City of Seminole.

Withlacoochee Regional Planning Council - Director - Report on Attendance at Meeting

Comm. Mills reported on her attendance at the Withlacoochee Regional Planning Council (WRPC) meeting at which time the contract negotiated with the Director for a salary of $59,900 was approved. She indicated that the contract would be forwarded to the WRPC attorney and Linda Sloan's attorney for review.

Comm. Sullivan

Personnel - County Administrator/Vacation/Sick Leave - Commissioner Questioned Status of Evaluation/County Administrator to Review Accumulation of Time by Employees

Comm. Sullivan noted that on September 9 the Board was required to provide the written evaluations for County Administrator Bonnie S. Dyga's six-month tenure. He asked if all Commissioners completed the evaluation and questioned the procedure to be followed for the evaluation, i.e. publicly or as a Board in public session. He noted that according to Ms. Dyga's contract, another evaluation was due in October.

Comm. Sullivan commented on the points made earlier in the meeting regarding the accumulation of vacation and sick time which was an unfunded financial burden on the County. He asked if Ms. Dyga would perform an audit of vacation time by department to ascertain exactly what would have to be paid if people which large sums of hours decided to leave County service.

Ms. Dyga replied that information was available in the audit and she would provide it to the Board. She reminded that the Board took action in the past to allow for an annual pay-out period where employees could be reimbursed for unused vacation leave on an annual basis which was meant to keep future costs of unfunded liability to a reasonable level. She stated that when personnel policies were reviewed the Board may wish to consider any additional measures to mitigate that.

Comm. Sullivan hoped that most supervisors would encourage employees to take vacations. He felt the Board needed to review the issue of employees accumulating huge sums of time to offset retirements and the financial burden on the County.

Ms. Dyga agreed.

Comm. Sullivan asked Chairwoman Robinson to comment on the evaluation process for the County Administrator.

Chairwoman Robinson explained that all Commissioners needed to turn in their evaluations by the end of this week. She reported that Human Resources Director Barbara Dupre' would perform a compilation so that all evaluations would be compiled into one, with the evaluation being returned to the County Administrator and Commissioners. She felt it was a Board decision whether they wished to do a public process or if this was to be the end of the process.

Comm. Sullivan remarked that evaluations for the prior County Administrator were either not done or were done privately. He felt the first evaluation should be public as it was important to the public, County Administrator and employees.

Comm. Mills felt if the first evaluation was public, all should be made public. She did not see the necessity of making it a private matter, but was glad the evaluations were not being done individually. She did not feel the necessity to make the evaluation an agenda item as all was public record.

Chairwoman Robinson suggested that the Board submit the evaluations by the middle to end of this week, allow Human Resources to prepare a compilation of all thoughts into one document and schedule a workshop/meeting between the employer and employee at the conference table. She felt the discussion should be solely between the Board and employee, with no public input. She felt whatever was done should be consistent through the years.

Comm. Mills was comfortable with that approach.

Comm. Lossing stated that he intended to meet with Ms. Dyga to review her evaluation person to person.

Comms. Novy, Sullivan and Lossing agreed the meeting should be in view of the public, but the public would not be involved in the conversation.

Comm. Sullivan expressed concern with the contract and how the Board's failure to meet the contract language could affect the contract. He stated that even though Ms. Dyga provided additional time for the evaluations to be completed, he was concerned some evaluations may still not be completed. He felt that a time certain should be set so as not to abuse the waiver by Ms. Dyga.

Ms. Dyga added that it might be appropriate for she and the Board to discuss the objectives for the next period should the Board decide to retain her. She indicated that she would prepare a list of issues she believed were pertinent under each business center and would present that to the Board to add to or subtract from as the Board deemed appropriate in order to have a work plan to follow.

Chairwoman Robinson stated that she would return with available dates later in the meeting.

Commissioners - Liaisons - Comm. Sullivan Resigned from SALT Council/Committees to be Reviewed During September 29 Workshop

Comm. Sullivan commented that more organizations and agencies were seeking Commissioners to serve as liaisons. He stated that he was asked to serve as a representative for the SALT Council (Seniors and Law Enforcement Together) which met the same day as the Aviation Authority to which he was liaison. He indicated it was impossible for him to attend the SALT meetings and sent a letter on September 17 tendering his resignation.

Comm. Mills stated she would check her schedule to ascertain if she could perform that commitment.

Chairwoman Robinson suggested reviewing the committees on which the Board was sitting when reviewing the policies on September 29.

Ordinances - Zoning - Citizen Proposal for Parking of Commercial Vehicles to be Reviewed and Agendaed

Comm. Sullivan commented on the issue of parking tractor trailers in residential areas and stated that a citizen, active in County government, sent each Commissioner and County Administrator Bonnie S. Dyga a proposal regarding the parking of commercial vehicles, particularly 18-wheelers, in a specific location in the County away from residential areas. He felt it was an excellent idea and indicated that the citizen had received some support from Sheriff Thomas Mylander regarding the proposal. He requested the Board direct Ms. Dyga to contact Joan Anderson to schedule an agenda item regarding the parking of commercial vehicles.

Ms. Dyga stated that she was aware of Ms. Anderson's letter and was also aware of a resent rezoning for a commercial enterprise to perform that service. She believed that government should not get into the practice of providing what the private sector should provide. She would like the opportunity to research the issue to ascertain if there were other businesses and if there was a big interest, to attempt to locate someone who would be interested in starting a business of this sort, rather than the government being involved.

Comm. Sullivan stated he had no problem with that suggestion. He felt that whether private or public, a discussion would benefit all.

Chairwoman Robinson understood Comm. Sullivan wished a report on the public/private approach and then agenda the item having Ms. Anderson available.

Comm. Sullivan replied affirmatively.

Comm. Novy

Personnel - County Administrator - Citizen Expressed Opinion on Evaluation

Comm. Novy allotted a portion of her time to Mrs. Claire Richter.

Mrs. Claire Richter felt it would be nice if the public could hear what the new County Administrator had planned for the county, the Board's feelings about Ms. Dyga and Ms. Dyga's feelings about the County. She encouraged the Board to have public discussion regarding Ms. Dyga's evaluation.

Chairwoman Robinson explained that the discussion would take place in the public, but would be between the Board and the employee.

Miscellaneous - Coastal Clean Up - Commissioner Reported on Attendance

Comm. Novy reported on her attendance at the Coastal Clean Up.

Comm. Sullivan temporarily left the meeting.

Comm. Novy noted that many organizations donated door prizes and she appreciated being part of the activity.

Utilities - Building - Discussions to be Held/Report to be Made in October

Comm. Novy noted the public concern regarding the purchase of the McGee building by the County. She asked County Administrator Bonnie S. Dyga and the Board to have a traffic study performed on Irene Street, Olive Street and Howell Avenue to ascertain the impacts at this time.

Ms. Dyga felt an important issue was the amount of traffic currently generated at the current Utilities building. She felt it would be important to direct the staff to meet with the neighborhood homeowners group and hear their concerns.

Chairwoman Robinson suggested including a review of the expected plan of the area with the homeowners group.

Comm. Lossing noted that the building in question was adjacent to a residential area as well as a historical area. He agreed for Ms. Dyga to proceed.

Ms. Dyga felt it was important to meet with the citizens, hear their concerns and see how the project could be made to work for everyone.

Comm. Sullivan returned to the meeting.

Comm. Novy requested that the information be presented to the Board in October.

Chairwoman Robinson suggested including a representative of the City of Brooksville in the discussions.

Comm. Novy noted that the City would be discussing the issue on September 23 and suggested inviting them to be part of the discussion group.

Chairwoman Robinson clarified the discussion group would be comprised of the citizens of the area, City representation and County staff, with a report to be brought to the Board in October.

Motion

Comm. Novy so moved; seconded by Comm. Mills.

Comm. Mills asked if there was a time line to purchase the building.

Interim Utilities Director Kay Adams replied the contract was not signed yet; therefore, the owner of the building could sell the building to another buyer.

Assistant County Attorney William Buztrey replied to Ms. Dyga that if the Board wished to authorize a contract, a contingency could be included "subject to Board approval." He indicated that since there was no contract at this time, there was the risk that the seller would seek other purchasers. He understood the sellers were seeking a quick turn around on the building, probably within 60 days. He explained that if a contract was signed, there could be penalties if the County failed to proceed. He asked if the Board wished to authorize the County Administrator to execute a contract of sale with safeguards, review the contract prior to execution or proceed with the studies and hold off executing the contract with the understanding the sellers would be free to sell the property to another buyer.

Comm. Novy felt that the study should be reviewed prior to any contract being signed.

Comm. Lossing stated that he did not wish to "tie the hands" of the seller and based on the discussion, felt Mrs. Adams should "put the skids" on many issues.

Chairwoman Robinson asked if Comm. Novy wished to add that to her Motion.

Comm. Mills indicated she would second the Motion to proceed with contract negotiations, but with the limitations stated by Mr. Buztrey that the Board must approve the contract prior to any finalization as well as any additional safeguards he would recommend be included in the contract.

Comm. Novy asked if negotiations were proceeding.

Comm. Mills explained that the negotiations could proceed while discussions were being held with all involved.

Comm. Novy stated that she did not want to include in the Motion to proceed with contract negotiations.

Motion Restated

Comm. Novy restated her Motion to ask the staff to commence a traffic study on Howell Avenue, Irene Street and Olive Street; to include the type of traffic coming to the present location of the Utilities building; to have the staff meet with the neighborhood association and listen to their concerns; and bring that discussion back to the Board prior to the signing of any contract.

Chairwoman Robinson understood Comm. Novy wished to hold off on contract negotiations until the issue returned to the Board.

Comm. Novy replied affirmatively.

Comm. Lossing seconded the Motion.

Chairwoman Robinson explained for Comm. Mills that Comm. Novy did not want negotiations going on.

Comm. Mills stated she understood the issue of not signing the contract, but felt the lines of communication should not be closed. She would be agreeable to not signing any contract, but not to stop the contract negotiations.

Ms. Dyga suggested the Board request an option to purchase be left open for 30 days.

Comm. Novy accepted that as part of the Motion

Comm. Lossing seconded the amendment.

Mrs. Adams stated that the staff did not plan on impacting Olive Street or Irene Street, as the plan was to enter/exit off Howell Avenue. She indicated that a Senior Safety and Health Program Development Analyst from the Division of Safety reviewed the lot on September 21, 1998, and felt the lot had positive potential.

Ms. Dyga stated this would allow the time period to listen to all concerns and work with the residents to come to a compromised resolution.

Chairwoman Robinson reported on the receipt of a letter from City of Brooksville Mayor Ernie Wever expressing concerns regarding the potential impacts on the Downtown Redevelopment Plan and surrounding properties, and requesting additional information on the proposal. She suggested Mayor Wever be the person involved in the discussion.

The vote was taken on the Motion as amended and it carried unanimously.

Roads - Testing - Comm. Novy Requested Information

Comm. Novy asked County Administrator Bonnie S. Dyga to ascertain whether a Marshall Stability test was performed on the roads as this was supposed to be a clearly defined test as to hardness of the road surface.

Litigation - Attorney Fees - Comm. Novy Awaiting Receipt of Costs

Comm. Novy stated that she looked forward to the first week in October when County Attorney Robert Bruce Snow would advise the Board the cost of his past litigation.

Chairwoman Robinson

Miscellaneous - Programs - Report on Attendance

Chairwoman Robinson remarked that the POW/MIA program went well at VFW Post No. 10209.

Chairwoman Robinson commented on her attendance at the 4-H dinner. She commented on growth and development of the young people who remained involved in the 4-H. She felt the 4-H was an excellent example of quality activities.

Comm. Lossing

Comm. Lossing yielded his time.

County Administrator Bonnie S. Dyga

County Administrator Bonnie S. Dyga had no items for discussion.

County Attorney Robert Bruce Snow

Assistant County Attorney William Buztrey had no items for discussion.

RECESS/RECONVENE

The Board recessed for lunch at 11:45 a.m. and reconvened at 1:35 p.m.

WORKSHOP

Contracts and Agreements - Economic Development Commission - Approval of EDC Contract

Assistant County Attorney William Buztrey presented proposed amendments to the Economic Development Commission (EDC) contract. He commented on the various drafts developed. He stated that a second contract presented from Comm. Sullivan was separate and not incorporated into the Board's contract. He noted that Comm. Lossing and the EDC met to negotiate the contract amendments. He noted that after that meeting, EDC Executive Director Richard Michael and Edward Daus, president of the EDC, asked for minor changes. He highlighted those changes. He stated that the substantive changes were in Paragraphs 19 and 29. He reviewed that the "but not limited to" language in Paragraph 19 was eliminated from "County provided funds." He stated that the EDC was agreeing to provide reports to the Board for the County-provided funds. He noted their reports would be due on or before January 30 after each fiscal year. He added that the contract provided that the EDC would report to the Board any public or private grant funds subject to disclosure. He referred to Paragraph 11 wherein the word "said" was inserted before "breach" in several instances. He noted in paragraph 19, the phrase "but not limited to" was deleted and the word "public" was eliminated before the term "grant funds." He added that in Paragraph 29, the term "Commission" was substituted for "EDC" and the word "sessions" was changed to "meetings."

Mr. Buztrey continued that the term "Board of Directors" was substituted for "Commission" to clarify that executive meetings were held by the Board of Directors and not the EDC. He mentioned that a quorum of the Board of Directors was needed to conduct a meeting outside of the Sunshine Law and the Commission member must be present at that meeting. He explained that executive meetings could be held when the Board of Directors was discussing actual or potential litigation or other legal matters.

Mr. Buztrey emphasized that the ultimate authority of the Board was the termination of the agreement. He stated that the three methods the County had to force compliance of the agreement were as follows: 1) Withhold of funds for calendar quarter; 2) Breach of contract and provision of 30-day notice; and 3) Termination of contract for other reasons by providing a 90-day notice at any time.

Comm. Sullivan stated that he was distressed that the aftermath of the debate on September 10 turned personal and unpleasant. He stated that obviously he and Mr. Michael had a personal and philosophical difference on the issue of the EDC; however, the suggestion by Mr. Michael, as stated in Hernando Today, that "he was conducting a witch-hunt" was unfortunate and not conducive to understanding, compromise and cooperation. He disagree with the negative comments by Comm. Mills that appeared in Hernando Today. He explained that Mr. Buztrey forwarded his draft to the EDC with his interpretation of what the Board wanted before individual Commissioners had an opportunity for review. He stated that after receiving the draft he had asked Mr. Buztrey to write in contract language what he viewed to be the Board's directed changes; he did not request nor order Mr. Buztrey to submit changes as the official version. He noted that his concerns with the EDC contract language were as follows: 1) No quarterly report for the period of October 1, 1998, to December 31, 1998, required; 2) No requirement for a detailed expenditure record for the reported quarter; and 3) Language was too broad regarding executive meetings. He expressed that the minutes of September 10 discussed more oversight and less secrecy. He agreed with the language regarding a draft quarterly report/budget. He felt the expansion of the term "executive meeting" was in the best interest of the County. He summarized he was not opposed to growth or business expansion, but he was interested in the appropriate expenditures of public funds.

Chairwoman Robinson called for questions or adjustments on the proposed contract.

Comm. Sullivan stated that on Page 7 regarding the timing of the first quarterly financial reports, he felt the language was ambiguous. He asked if the first report was due on January 1, 1999, or did the whole process start January 1, 1999.

Mr. Buztrey responded that the language meant that the first quarterly report for the period commencing October 1, 1998, and ending December 31, 1998, would have to be submitted to the Board no later than January 30, 1999.

Comm. Sullivan inquired about when the EDC could go into executive session. He felt there was a significant difference between the Board's discussions on September 10 for direction to the County Administrator and Comm. Lossing. He felt that discussing general matters relating to the intentions of proposed business was too general.

Comm. Sullivan pointed out that the Florida Association of Counties was evaluating amending Florida Statutes (FS) so when government was discussing potential litigation they could go into executive session. He felt this was an expansion of that and the language should be changed to be more specific until the FS was changed. He recalled that the Board also discussed items reported in detail and the latest contract with the EDC did not indicate the reporting of vouchers, credit card expenses, purchase orders, travel costs, and/or salaries. He asked the other Commissioners to indicate why these changes should not be made and why it was not in the best interest of the public and EDC to make these changes.

County Administrator Bonnie S. Dyga commented that she supported the EDC and it was her fault the budget was as large as it was. She believed the detailed information requested to be submitted with the quarterly report was available in Mr. Michael's office and the EDC was annually audited by the external auditor.

Comm. Sullivan commented he also supported EDC.

Chairwoman Robinson read aloud a summary of the changes discussed on September 10 as follows: Quarterly reporting; budget in County format; all public funds and other public grant funds as defined would also be included in the quarterly reports in addition to the funds the County provided; and define executive meeting to include any meetings discussing the plans, intentions, interests or partnership of a corporation to relocate to the State or County and would include litigation, employment and personnel matters and recruitment of industry. She stated that the Board had also concurred withholding quarterly payments for late delivery of the contract and to accept a draft if there was a problem with a quorum.

Comm. Novy stated that she was comfortable with the content of the direction of the Board presented on September 10.

Comm. Sullivan felt the language regarding executive session was too broad and allowed too broad of an opportunity to enter into executive session.

Comm. Lossing stated he had no adjustments. He felt the direction was to further define executive session. He felt additional language dealing with litigation was important. He stated all items he was charged to cover in the new contract were done. He noted that accounting procedures for credit cards were available and did not necessarily need to be included in the contract. He encouraged Comm. Sullivan to take the time to review the annual audit performed by Oliver & Company. He indicated that the report was not available with the County because the County did not require that under the old contract and that was what was being changed. He felt that Comm. Sullivan's concerns were answered by the new contract. He elaborated on the extensive accountability of the EDC's expenses.

Comm. Mills felt the Board's previous discussion was included in the proposed EDC contract.

Comm. Sullivan referred to the definition of executive session on Page 9. He read his suggestion as follows: "This provision, however, shall not prohibit the Commission from holding executive meetings closed to attendance by the public and the press when considering sensitive matters such as those relating to plans, intentions, interests, location, relocation, expansion or recruitment of existing or specific business or businesses or industry to Hernando County. Executive sessions may also be held when the Commission is discussing litigation, employment or personnel matters." He felt the difference was "specific" versus "general" and the removal of the word "potential."

Chairwoman Robinson understood the difference was for a "specific" business/industry and the term "potential" removed.

Comm. Lossing asked how a business could be non-specific.

Comm. Sullivan stated that it should be a specific location or specific company.

Comm. Lossing noted that specific location could be dangerous in terms of confidentiality.

Mr. Michael explained that executive sessions were held to discuss specific details of a specific company. He stated that in the past 25 months the EDC had operated, they had only held two executive sessions to discuss issues regarding prospects. He felt the term "specific" was ambiguous. He noted that the issues of confidentiality were presented in FS Chapter 288.

Mr. Daus commented that one difficulty was discussion at an executive session could generate into specific conversation about recruitment. He concurred with Mr. Michael that the key elements of the executive sessions were the specific recruitment of prospective businesses. He agreed that they were partners and trust was needed. He felt the language proposed was adequate. He advised that the original proposal submitted indicated that litigation could be discussed in the EDC executive meetings. He felt it was only fair to discuss potential litigation in executive session and suggested the contract be amended to reflect that.

Comm. Sullivan expressed no objection. He stated his initial disagreement was that executive meetings could be held to discuss activities and he felt the definition of an activity was extremely general. He apolo-gized that the issue turned into a sensitive issue, but felt for the most part his concerns had been resolved except for making the travel issue more specific.

Mr. Daus agreed with Comm. Sullivan on the deletion of the term "other activities" and noted that that deletion had been made.

Mr. Daus mentioned that five manufacturers and a committee representing the EDC would travel to Mexico in an attempt to solicit business in Mexico; however, the benefication of the companies they would be meeting with would not be disclosed. He noted that the international business was funded primarily by a State grant in the amount of $26,600. He noted that the County was the only county that had applied for these grant funds.

Chairwoman Robinson called for public comment.

Mrs. Sally Sevier noted that Mr. Buztrey had verbally specified that closed meetings to discuss litigation were with an attorney present, but that was not stipulated on Page 9. She referred to Page 8 and inquired why full financial disclosure was required when it was subject to approval by the grant provider. She inquired if private funds were separated from public funds, how were the private funds spent.

Mr. Randall Marmet felt Mr. Michael and the EDC had been a great help with advice and marketing for his company. He elaborated on the benefits the county received from his business by employing 16 employees. He stated that the good work provided by the EDC had not been mentioned. He noted that confidentiality was needed in corporate matters with the businesses.

Mr. Ray Nielsen appeared in support of the EDC. He stated that he worked with the EDC about once every week on various matters. He commented on the need for confidentiality. He stated that the EDC was very important to the businesses in the county as far as promotion and support.

Mrs. Claire Richter disagreed with allowing a contractor to write their own contract and agreed with Comm. Sullivan that budgets had to include travel correspondence for credit cards. She noted that it was not stipulated in the contract that public funding would decrease as private funds were collected. She felt the agreement should not be automatically renewed each year unless it was discussed in public; inquired where Board oversight was mentioned; and felt any Commissioner had the right to inspect financial records of any department that received public funding.

Mr. Michael felt it was important to mention that the reason there was an agreement was because the EDC was a private, not-for-profit corporation. He explained that the EDC had agreed to provide services to the County and in exchange, had agreed to provide certain types of verification of information. He advised that public funds were not co-mingled with private funds of the EDC.

Comm. Sullivan temporarily left the meeting.

Mr. Michael advised that the EDC had been in full compliance with requests from the County. He stated that it was important to understand that the contract language was not being changed because there had been a problem with reporting or misuse of funds; changes were made as the organization had grown.

Mr. Daus emphasized that Comm. Lossing was appointed as liaison by the Chairwoman to represent the Board in EDC's negotiation sessions and he was a voting director on the EDC. He mentioned that at the meeting of September 16, Comm. Lossing stated that he was not present as a director of the EDC, but was present as a representative of the Board along with Mr. Buztrey.

Comm. Sullivan returned to the meeting.

Mr. Daus continued that on September 21, the EDC Board of Directors met to discuss the proposed contract and Comm. Lossing was at the meeting, but abstained from voting due to the potential conflict of interest.

Mr. John Tenini wondered if the private contributions were actually "hard" money or were those in-kind services.

Mr. Michael responded that the private sector had contributed over $120,000 in "hard" money and could prove that to him.

Mr. Tenini asked to be shown a bank account wherein the $120,000 had been deposited.

Ms. Dyga noted that that information was provided in the audit.

Mr. Joe Fox stated that taxpayer funds were being expended and was tired of the expenditure when the taxpayers could not speak. He pointed out that Wal-Mart Distribution was recruited to the county prior to the establishment of the EDC. He felt the citizens should be represented on the EDC Board of Directors.

Motion

Comm. Mills moved for acceptance of the contract, Draft No. 4; seconded by Comm. Lossing and carried 4-1 with Comm. Sullivan voting Nay.

Comm. Sullivan asked that the record indicate that this debate was good and the EDC was a worthwhile partner with the County in the attraction and retention of business and that his Nay vote expressed his concern regarding the issue of executive session.

Chairwoman Robinson presented the contract signed by Messrs. Daus and Michael and asked Mr. Buztrey to verify the accuracy of the contract document.

Taxes - Sales - Presentation of Brochure Regarding Half-cent Sales Tax Referendum

County Administrator Bonnie S. Dyga presented a brochure for public dissemination regarding the upcoming referendum regarding the half-cent sales tax. She asked the Board to comment and inform her of any changes.

Workshops - County Administrator Evaluation - To be Discussed September 29

Chairwoman Robinson noted that on September 29, the Board scheduled a workshop to discuss policies, limerock road issues and the proposed Solicitation Ordinance. She asked the Board to consider a date to conduct the County Administrator's evaluation.

After discussion, the Board concurred to add the issue to the September 29 workshop schedule

Southwest Florida Water Management District - Wysong Dam - Comm. Lossing to Contact Executive Director Regarding New Information

Comm. Novy shared that during the Coastal Clean Up on September 19, she had visited with E. D. "Sonny" Vergara, Executive Director of the Southwest Florida Water Management District (SWFWMD), regarding new information concerning the Wysong Dam. She stated that Mr. Vergara would like to make a presentation to the Board. She stated that this information would play a major part in the Army Corps of Engineers' study on the Wysong Dam and was not part of the Withlacoochee River Initiative nor the Department of Environmental Protection Initiative. She asked Board concurrence to allow SWFWMD staff to make the presentation to the Board.

Chairwoman Robinson suggested that they make a presentation that all the impacted Counties (five) could attend.

Comm. Novy believed SWFWMD would also meet with those Counties individually.

Comm. Lossing stated that as the SWFWMD liaison, he could speak to Mr. Vergara.

Chairwoman Robinson suggested that Comm. Lossing meet with Mr. Vergara to discuss making one presentation for all the Counties.

Comm. Novy felt it would be easier for SWFWMD to make presentations to each of the Counties individually.

County Administrator Bonnie S. Dyga mentioned that Mr. Vergara had indicated to her that there was no new information.

Motion

Comm. Novy moved to direct Comm. Lossing to contact Mr. Vergara to determine what new information was available and report back to the Board and whether they needed to do the presentation collectively or singularly; seconded by Comm. Sullivan and carried unanimously.

ADJOURNMENT

There being no further business to come before the Board at this time, the meeting adjourned at 3:15 p.m.

________________________________ ___________________________________

KAREN NICOLAI, CLERK HANNAH M. ROBINSON, CHAIRWOMAN