The Lake County Board of County Commissioners met in regular session on Tuesday, September 1, 1998, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Alvin B. Jackson, Jr., Deputy County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Jodi Hanson, Executive Secretary, Board of County Commissioners' Office (morning session); Sue Michaelsen, Executive Secretary, Board of County Commissioners' Office (afternoon session); and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
It was noted that a published Addendum No. 1 had been added to the agenda.
Mr. Alvin B. Jackson, Jr., Deputy County Manager, requested that presentation of a resolution extending thanks and appreciation for aid and assistance rendered during the devastating fires to the Lake County Department of Fire and Emergency Services and the Lake County volunteer Firefighter Council be pulled from the agenda. He explained that funeral services for Mr. Ray McMann, a long time volunteer fire chief, were scheduled for this morning.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Budgets/Budget Transfers/County Finance
Request for approval of Budget Adjustments for FY 97/98 from the Office of Finance, as follows:
A. Resolutions:
1. Fund: Landfill Enterprise
Department: Solid Waste Management
Revenue: Marketable Recyclables $31,057
Expenditure: Contractual Services $31,057
Amendment #: 98-330
Justification: Resolution No. 1998-131 to receive unanticipated revenue due to increased volume of recyclables processed by the Association for Retarded Citizens.
B. Transfers:
1. Fund: General Fund
Department: Constitutional Officer/Sheriff
From: In House Support-Insurance $2,000
To: Transfer - COPS Grant $2,000
Transfer #: 98-331
Justification: In Fiscal Year 1996, the BCC approved to fund the matching portion of the COPS grant for the Sheriff, in the amount of $99,690, spread over three years. Due to a filing error, the BCC matching request was lower by $2,000. This transfer from the Sheriff's In-House Support budget will complete the BCC obligations.
2. Fund: Landfill Enterprise
Department: Solid Waste Management
From: Communications $17,600
Printing and Binding $18,000
To: Machinery and Equipment $35,600
Transfer #: 98-332
Justification: Transfer needed for an enhanced solid waste assessment database system that will interface with the Building department.
Courts-Judges
Request for approval of Satisfaction of Judgment, State of Florida vs. Roy Rogers, Case No. 92-455-CFC, in the amount of $250.00; and authorized proper signature on same.
Request for approval of Satisfaction of Judgment, State of Florida vs. Roy Rogers, Case No. 92-417-CFA, in the amount of $250.00; and authorized proper signature on same.
Request for approval of Satisfaction of Judgment, State of Florida vs. Roy Hoskins, Case No. 86-10968TT00154, in the amount of $100.00; and authorized proper signature on same.
Accounts Allowed/County Property
Request for approval of list of items to be deleted from Fixed Assets for the month of August 1998, in the amount of $15,567.24.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
1674-2000 Robert C. Kohn dba Kohn Construction & Electric, Inc.
1904-99 John Foster, Sr. (Plumbing)
3095-99 Professional Electrical Contractors
4220-99 Connie Martin dba C.L. Martin Roofing, Inc.
4871-99 James A. Croson JA Croson Company of Flor (Plumbing)
5638-98 James Hodak dba Jim Hodak Construction
5639-98 Kevin Dugen (Residential Contractor)
Cancellations
1422-95 Elmer R. Bolling
1691-96 Russell's Electrical Service dba Frank Russell
4765-98 A to Z Aluminum & Home Improvements
5197-97 Beller Electric, Inc.
5281-96 Perkins Electric
5388-96 Clermont Pool & Spa, Inc.
5435-97 Robert Danley dba D & D Builders, Inc.
5592-98 TCB Framing, Inc.
Accounts Allowed
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending July 31, 1998.
Accounts Allowed
Request to acknowledge receipt of proof of publication of unclaimed monies and payment to the Board for those monies advertised less claims and publication costs. Fiscal impact: $7,369.72 less amounts claimed and publication costs will be receipted as fines and forfeits revenue before September 25, 1998.
Request to acknowledge receipt of proof of publication of unclaimed monies and payment to the Board for those monies advertised less claims and publication costs. Fiscal impact: $1,650.00 less amounts claimed and publication costs will be receipted as fines and forfeits revenue before September 1, 1998.
Reports
Request to acknowledge receipt of Clerk of Courts Lake County, Florida Semi Annual Investment Report for Fiscal Year 1997-98, dated June 30, 1998, in accordance with the Investment Policy.
Municipalities/Planning/Resolutions
Request to acknowledge receipt of City of Mount Dora Resolution No. 98-14 amending and modifying the Community Development Plan of the Northeast Community Redevelopment Agency; providing for amended boundaries; and providing for an effective date. Passed and resolved by the City Council of the City of Mount Dora, Florida on August 4, 1998.
Municipalities/Ordinances
Request to acknowledge receipt of City of Eustis Annexation Ordinance No. 98-12 annexing into the corporate limits of the City of Eustis, Florida, 9.41 acres of vacant land on the north side of County Road 44, 500 feet east of State Road 19, subject to the Lake County Land Use Map designation of "Urban", pursuant to Florida Statute 171.062; with a proposed city land use designation to be assigned following completion of Small Scale Comprehensive Plan Amendment process. Passed, ordained and approved in regular session of the City Commission of the City of Eustis, Florida on June 18, 1998.
Municipalities/Ordinances
Request to acknowledge receipt of City of Mount Dora Annexation Ordinance No. 717 annexing property to the City of Mount Dora, providing for the annexation of property generally located in the vicinity of Limit Avenue and Highland Avenue, Mount Dora, Florida; providing for R-3 (Multifamily Residential) zoning of the property; providing for a residential (High Density) Comprehensive Plan Land Use Designation. Passed and ordained on July 7, 1998 by the City Council of the City of Mount Dora, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of City of Leesburg Annexation Ordinance No. 98-33 annexing certain property owned by Jordan W. Hypes and Helen R. Hypes, as Trustees, said property consisting of approximately .39 acres and being generally located at the southwest corner of the intersection of U.S. Highway 441 and Michigan Avenue which is contiguous to the City Limits of the City of Leesburg, Florida; providing that such annexed territory shall be rezoned from County C-2 (Community Commercial) to City C-3 (Highway Commercial). Passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida on July 27, 1998.
Municipalities/Planning
Request to acknowledge receipt of Downtown Clermont Redevelopment Agency Redevelopment Plan, dated March 5, 1998, from the City of Clermont, pursuant to Florida Statutes Section 163.360(4). The City of Clermont will hold a public hearing on the proposed Community Redevelopment Plan on August 11, 1998, at 7:30 p.m. in Jenkins Auditorium, Clermont, Florida.
Utilities
Request to acknowledge receipt of Notice of Application for a Transfer of Majority Organizational Control Legal Notice from Utilities, Inc. - Notice is hereby given on July 31, 1998, pursuant to Section 367.071, Florida Statutes, of the application for transfer of majority organizational control of Lake Groves Utilities, Inc. to Utilities, Inc., providing water and sewer utility service to territory in Lake County, Florida, located in portions of Sections 22, 23 and 27, Township 24S, Range 26E, as indicated in Legal Notice, per Order No. 24283, Docket No. 90057-WS. Any objection to said application must be made in writing and filed within thirty (30) days from this date to the Director, Division of Records and Reporting, Florida Public Service Commission, 254 Shumard Oaks Blvd., Tallahassee, Florida, 32399-0850. A copy of said objection should be mailed to the attorney for the applicant as listed in the backup.
Municipalities/Ordinances
Request to acknowledge receipt of Town of Montverde Ordinance No. 8-04-98 extending and increasing the corporate limits of the Town of Montverde, Lake County, Florida, pursuant to the provisions of Florida Statutes 171.044 by annexing a certain area of land contiguous to and not embraced within the present limits of the Town of Montverde. Passed, ordained and approved in Regular Session of the Town Council of the Town of Montverde, Florida on August 4, 1998.
State Agencies
Request to acknowledge receipt of Southwest Florida Water Management District's Tentative Budget Submission for Fiscal Year 1998-1999 pursuant to Section 373.536(5)(a), Florida Statutes.
State Agencies
Request to acknowledge receipt of St. John's River Water Management District's Tentative Budget Submission for Fiscal Year 1998-1999 pursuant to Section 373.536(5)(a), Florida Statutes.
Utilities/Meetings
Request to acknowledge receipt of Notice of Staff Workshop Before the Florida Public Service Commission to Water and Wastewater Utilities, The Office of Public Counsel and All Interested Persons, RE: Undocketed Workshop on Mediation in the Water and Wastewater Industry, August 31, 1998, 9:30 a.m., Betty Easley Conference Center, Room 152, 4075 Esplanade Way, Tallahassee, Florida.
Request to acknowledge receipt of Notice of Public Hearing Before the Florida Public Service Commission to ITS Telecommunications Systems, Inc. and All Other Interested Persons; Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates. Notice is hereby given that a public hearing will be held on August 24, 2998, at 6:00 p.m., at Indiantown Civic Center Club, Indiantown, Florida.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Grants/Libraries
Request for approval and execution of Library Services and Technology Act Grant Agreement between Lake County and the State of Florida, Department of State, Division of Library and Information Services, in the amount of $54,726, which would upgrade the library automation system cataloging module from DOS to Windows and load LCLS bibliographic records on OCLC to contribute to Florida's statewide union database.
Reports/Affordable Housing
Request for approval and execution of the Certification Form of the Annual Report for Affordable Housing Program for State Fiscal Years 1995/96, 1996/97 and 1997/98.
Accounts Allowed/Contracts, Leases & Agreements/Committees
Request for approval and execution of Agreement to Service an Industrial Development Authority and Master Agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc., for Fiscal Year 1998/1999 at a fiscal impact of $165,000.
Accounts Allowed
Request for approval to return Jobs Growth Incentive award monies, in the amount of $82,500, to Trust Fund account.
Accounts Allowed/Contracts, Leases & Agreements/Jails
Request for approval and execution of change orders to Schweizer Planning and Design, Inc., increasing the scope of services for the modifications to the Prelude facility which increases the contract in the amount of $20,040.
County Employees/Personnel
Request for approval and execution of Certificates for employees with one and three years of service.
Accounts Allowed/Grants/State Agencies
Request for approval and execution of Subgrant Application for Highway Safety Funds, in the amount of $24,000, with the State of Florida Department of Transportation State Safety Office to assist in funding a Traffic Safety/Crash Studies Engineer position to support our Community Traffic Safety Team by analyzing crash data and promoting transportation safety.
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1998-127 authorizing the posting of speed limit signs on the following roads in the Lady Lake area:
Genius Court (#5-6707A) Lake Griffin Road (#5-7611)
Hobby Way (#5-6707B) French Road (#5-7611A)
Temple Hill Road (#5-6708) Richardson Road (#5-7612)
Happy Lane (#5-6708A) Orange Circle (#5-7710B)
Gregory Road (#5-6709) Azalea Way (#5-7710C)
Stephen Road (#5-6809) Griffin Terrace Road (#5-7711)
Woodpath Lane (#5-7710D) Sullen Road (#5-7316)
Palm Street (#5-7711B) Griffin View Drive (#5-7212)
Meyers Road (#5-7507) Gray's Airport Road (#5-7310)
Oak Pointe Drive (#5-7509) North Meyers Road (#5-7607)
David Stewart Lane (#5-7608) S. Lake Hiawatha Drive (#5-6811)
Hartsock Sawmill Road (#5-6808)
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1998-128 authorizing the posting of "NO PARKING ANY TIME" signs on Lakeshore Drive (#2-1040) and Anderson Hill Road (#2-1146) in the Clermont area.
Resolutions/Roads-County & State/Signs
Request for approval and execution of Resolution No. 1998-129 authorizing the posting of "NO PARKING ON RIGHT OF WAY" signs on Gray's Airport Road (#5-7310) in the Lady Lake area.
Rights-of-Way, Roads & Easements/Deeds
Request for acceptance of the following Drainage Easements, Non-Exclusive Easement Deeds, and Statutory Warranty Deeds, as follows:
DRAINAGE EASEMENT:
June & Elwood K. Ginkel (Individually and as Trustee)
Lake Emma Road (#2-2119)
Elmo C. Ginkel Trust Agreement
NON-EXCLUSIVE EASEMENT DEEDS:
Alva D. & Geraldine L. Rich
C-44A (4/5 6286)
William E. & Bonnie L. Meeks
Robbins Road
TEMPORARY NON-EXCLUSIVE EASEMENT DEEDS:
Martha Y. & Robert W. Smith (Individually and as Trustee)
C-455/Fosgate Road (#2-1860)
Martin M. & Claire N. Koshar
June & Elwood K. Ginkel (Individually and as Trustee)
Lake Emma Road (#2-2119)
Elmo C. Ginkel Trust Agreement
STATUTORY WARRANTY DEEDS:
Alva D. & Geraldine L. Rich
C-44A (4/5 6286)
Michael Rae Langley
Carter Island Road (#2-1204)
Church of God by Faith, Inc.
E. Jacks Lake Road, N. Ext. (#2-1350)
Subhash C. Nangia
East Altoona Road (#5-8375)
J. Lee Stenstrom
Griffin View Drive (#1-7212)
Philip R. Mougeotte
Lake Nellie Road (#2-0542)
Leslie B. & Vallei F. Ramey
Laws Road (#2-0528)
Donald A. & Kaye H. Simmons
Laws Road (#2-5028)
Maureen E. Wdowiak
Marion County Road (#5-8010)
Caldonia Blair & Leroy Golden
Mills Street (#5-7264)
Robert Allen & Janice Faye Carter
Orange St. (#4-4385)
Oak Avenue (#4-4485)
Edward V. & Debbie R. Seabrook
Sunset Circle (#4-4769)
Thelma Carroll
Tenth Avenue (#5-7366A)
Accounts Allowed/Assessments/Roads-County & State/Road Projects
Request for approval to advertise for bids for SA-91, Lake Eustis Drive (portion) in the Haines Creek area at an estimated cost of $31,625. - Commissioner District 3, CTT Funds.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval to transfer $18,700 from Aquatic Plant Management contingency to contractual services (340) for revegetation work in Lake Yale.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of First Amendment to the Agreement between Lake County and Geraldine Kerr and Associates, Inc. for court reporting services per RFP 97-124, in the amount of $145,000, extending the agreement through 9/30/99 at the same terms, conditions and costs as the original agreements.
Accounts Allowed/Insurance/Risk Management
Request for approval to renew the County's Employee Group Benefits (Medical, Dental, Life and AD&D, Long Term Disability) and related services for FY 1998/1999 effective October 1, 1998, in the amount of $1,787,452; and authorization for the Chairman to execute the appropriate document(s).
Accounts Allowed/Insurance/Risk Management
Request for approval to renew Section 125 Flexible Benefits Plan benefits and vendors for the Plan Year 1-1-99 to 12-31-99, in the amount of $400.00; and authorization for the Chairman to execute the appropriate document(s).
Accounts Allowed/Insurance/Risk Management
Request for approval of annual renewal of the County's Protected Self-Insurance Program with Arthur J. Gallagher & Company; and contract for claims management with Gallagher Bassett Services, Inc, effective October 1, 1998; and authorization for the Chairman to execute the appropriate document(s).
Accounts Allowed/Insurance/Risk Management
Request for approval to renew the County's commercial insurance policies for Fiscal Year 1998/1999, in the amount of $73,489; and authorization for the Chairman to execute the appropriate document(s).
Accounts Allowed/Insurance/Risk Management
Request for approval to renew the County's Worker's Compensation Insurance Policy with the Florida Municipal Self Insurers Fund (FMSIF) for Lake County Board of County Commissioners - Fire Services, effective October 1, 1998; and authorization for the Chairman to execute the appropriate document(s).
Contracts, Leases & Agreements/Solid Waste
Request for approval and execution of all necessary documents to authorize the assignment of the Solid Waste and Recycling Collection Services Contract between Lake County and South Lake Refuse Service, Inc. and Commercial Refuse, Inc. to Superior Services, Inc.
ADDENDUM NO. 1
Accounts Allowed/Grants/State Agencies/Courts
Request for approval and execution of Drug Control and System Improvement Formula Grant application, in the amount of $44,520, to the Department of Community Affairs to further the automation of criminal court case records at the Office of the Clerk of Courts.
County Property/Rights-of-way, Roads & Easements
Request for approval and execution of a conservation easement for Lake County Central Park Phase II.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
COUNTY EMPLOYEES/PERSONNEL
At this time, Commr. Swartz presented the following awards and plaques, as Ms. Lourdes Ramos, Personnel Manager, provided information on each individual:
Presentation of Plaques to Employees with Five Years of Service
Patricia Fletcher, Field Office Technician, Public Works, Roads Division
George Rhodes, Mechanic II, Public Works, Special Services, Feet Maintenance
Kenneth Stewart, Engineer II, Public Works, Engineering
Paul D. Mertz, Firefighter/EMT, Fire and Emergency Services, Operations Division, Fire Rescue (Not Present)
Presentation of Plaques to Employees with Ten Years of Service
Robert Book, Senior Graphics Technician, Public Works, Engineering
Sherie Carrozza, Secretary III, Growth Management, Planning and Development, Current Planning
Thomas Lawrence, Firefighter/EMT, Fire and Emergency Services, Fire Rescue
Presentation of Plaque to Employee with Fifteen Years of Service
John Wichers, Equipment Operator III, Solid Waste Management, Waste Management, Facilities Operation
Presentation of Plaques to Employees with Twenty-Five Years of Service
Burgess Back, Equipment Operator III, Public Works, Roads Maintenance, Area III
Katherine McDonald, Administrative Services Coordinator, Public Works, Special Services
Presentation of Plaque to Retiring County Employee
Thomas R. Connelly, Probation Officer, Community Services, Probation Services - Fourteen Years and Four Months
LAKE COUNTY BOARDS AND COMMITTEE AWARDS
PRESENTATION OF PLAQUE
Lake County Tourist Development Council
Robert Beucher for service from 1984-1998
PRESENTATION OF CERTIFICATES
Lake County Affordable Housing Advisory Committee
Ann Hall for service from 1993-1998
Lake County Board of Adjustments
Alton Roane for service from 1995-1998
Lake County Citizens' Commission for Children
Jimmy D. Crawford for service from 1996-1998 (Not Present)
Ronald D. McQuinn for service from 1997-1998 (Not Present)
Lake County Comprehensive Health Care Committee
Dr. Stacy John Berckes, M.D., for service from 1996-1998 (Not Present)
Sue Wolf for service from 1994-1998 (Not Present)
Lake County Fire Rescue Advisory Board
John B. Jolliff for service from 1995-1998
Lake County Impact Fee Evaluation and Review Committee
Wanda Andrews for service from 1996-1998 (Not Present)
Carl Ludecke for service from 1997-1998 (Not Present)
Tully C. Patrowicz, M.D., P.A., for service from 1996-1998 (Not Present)
Lake County Planning and Zoning Commission
Lavinia J. Dierking for service from 1996-1998
PRESENTATIONS
STATE AGENCIES/MEETINGS
Mr. Wes Porak, Florida Game and Fresh Water Fish Commission, appeared before the Board to present a brief overview of what ecotourism encompasses and to discuss hosting a one day Lake County Ecotourism Workshop. At this time, he distributed a copy of the workbook that would be used at the workshop. He explained that Lake County has a vested interest in ecotourism because one of the components of ecotourism was educating the public to protect the natural resources. He stated that the State of Florida has an initiative to develop ecotourism and heritage tourism and to develop a statewide plan to protect and promote natural, historic and cultural assets of Florida. He explained that the components of the statewide plan are to establish an inventory identifying the resources in place, to focus on educating the public to better protect said resources, and to market and advertise Florida as a destination for ecotourism and heritage tourism. He stated that the State of Florida will be spending money to market the entire state and Lake County will be provided the opportunity to promote the many beautiful lakes and other natural areas that occur within the County. He explained that the workshop will provide a better understanding of nature based tourism, provide ideas on how to sell nature based tourism to the public, how to develop a program, will touch briefly on the educational component, and will help to develop an itinerary and inventory. He requested that Lake County contact Mr. Dennis MacKee, marketing expert for the Florida Game and Fresh Water Fish
Commission, who would present the one day workshop, if they wish to sponsor a ecotourism workshop. At this time, Mr. Porak distributed a brochure titled GFC Means Business and a copy of the 1996 Economic Impact of Sport Fishing in Florida.
Commr. Hanson stated that she invited Mr. Porak to address the Board today regarding a one day ecotourism workshop in Lake County. She encouraged the Board to support an ecotourism workshop and stated that regional mitigation banking could have close connections with ecotourism. She noted that those local government entities, citizens and those who would be affected parties would be invited to attend the workshop and that she would find a sponsor to provide lunch. It was noted that the location would be determined at a later date.
In response to a question presented by Commr. Gerber, Mr. Porak explained that the State of Florida has established eight regional sectors and the first step in the plan to promote and develop ecotourism was to develop an inventory and the workshop would assist the County in developing and completing said inventory. He stated that Lake County's inventory, when completed, would be taken to the regional meetings and included in the bank for the plan for the entire state.
PUBLIC HEARINGS
ORDINANCES/TAX COLLECTOR
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance for Tourist Development Resort Tax to be collected on a local level by the Lake County Tax Collector on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, SECTION 13-46, PROVIDING THAT THE TOURIST DEVELOPMENT TAX BE COLLECTED BY THE LAKE COUNTY TAX COLLECTOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff explained that the Department of Revenue has requested that the effective date of said ordinance be November 1, 1998 rather than October 1, 1998; therefore, the following changes are required:
Page 1, Line 21 - change "September 30" to October 31
Page 3, Line 15 - change "October 1" to November 1
Page 4, Line 22-23 - change "upon full execution as provided for by law" to on November 1, 1998.
Mr. Dave Warren, Tourist Development Director, appeared before the Board and explained that the Board would supply up to $24,000 for hard costs involved for the program, and three (3%) percent of the gross thereafter to the Tax Collector.
Commr. Cadwell expressed the Board's appreciation to Mr. Bob McKee, Lake County Tax Collector, for collecting the Tourist Development Resort Tax locally.
At this time, Commr. Swartz opened the public hearing portion of the meeting.
There being no one present wishing to discuss this request, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1998-73, an ordinance for collection of the Tourist Development Resort Tax on a local level by the Lake County Tax Collector as read on its final reading, by title only.
Commr. Swartz expressed appreciation to Mr. Bob McKee, Lake County Tax Collector, for his willingness to work with Lake County on the collection of the Tourist Development Resort Tax locally and requested that Commr. Hanson convey the Board's appreciation to Mr. McKee.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board at this time.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Alvin Jackson, Jr., Deputy County Manager, presented this request.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Tom Osebold, as the primary representative of the Florida Department of Veteran Affairs; and Marie Galusha, as the alternative representative of the Florida Department of Veteran Affairs, to the Lake County Transportation Disadvantaged Coordinating Board.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Carol L. Lippincott as the St. Johns River Water Management District's representative on the Environmental Protection Advisory Board.
ADDENDUM NO 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY PROPERTY/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, presented the discussion on the Lake County Parking Management Plan, as submitted by Vanasse Hangen Brustlin, Inc. (VHB), and explained that a meeting was held with the Constitutional Officers after receiving the VHB plan, and revisions were made prior to presenting the plan to the Tavares City Council for approval. He explained that the Lake County Parking Management Plan designates specific visitor and employee parking areas on the campus, including the street area surrounding the County buildings, and sets those lots that are the closest to the buildings and all of the street parking for public parking. At this time, he displayed a map on the monitor illustrating the employee parking areas and discussed same. He explained that the Parking Management Plan would be enforced by using the County volunteer system and a change in the personnel policy will be brought back to the Board which will require County employees to park in designated employee parking areas and require County employees to place a sticker or marking on their vehicle to assist enforcement officers in identifying County employees' vehicles. He explained that the volunteers would be used to check the public areas as well as to check to make certain County employees were properly marking their cars. He stated that there would be disciplinary action as a result of employees parking in the wrong places or failure to properly mark their vehicle. He stated that the Department of Growth Management was preparing a landscaping plan for the First Baptist Church parking lot that fronts on Main Street, and the County has agreed to make minor improvements to said lot which include landscaping and providing surface materials to make it a better parking surface.
Commr. Swartz explained that there would be no charge to the County for the use of the First Baptist Church parking lots and the First Union Bank parking lot. He stated that the City of Tavares has agreed to eliminate the two (2) hour parking requirement on the on-street parking.
Mr. Minkoff stated that the agreement with the City of Tavares requires that the County have an on-going parking committee and the County has activated said committee with Mr. Bob McKee, Tax Collector, serving as the representative of the Constitutional Officers. He stated that it was necessary for the Board to appoint a Commissioner to serve as a representative of the Board of County Commissioners.
Commr. Cadwell made a motion, which was seconded by Commr. Good, to approve the Lake County Parking Management Plan.
Commr. Swartz expressed appreciation to Mr. Mike Anderson, Senior Director , Facilities and Capital Improvements, and Mr. Minkoff, County Attorney, for working with the City of Tavares which has resulted in the City's support of the Lake County Parking Management Plan.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Commr. Richard Swartz as the representative of the Board of County Commissioners on the on-going parking committee.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the reappointment of Steve Bragg, Jack Hargrove, and Bill Mobley to the North Central Florida Health Planning Council for a two year term expiring September 30, 2000.
REPORTS
COUNTY ATTORNEY
COURTS/LAW ENFORCEMENT
Mr. Sandy Minkoff, County Attorney, presented the request for approval of a proposed citation form from the Clerk of Circuit Court's office in conjunction with law enforcement.
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Citation Form, proposed by the Clerk of Circuit Court's Office in conjunction with law enforcement, to be used for all misdemeanor citations.
COUNTY EMPLOYEES/HUMAN RESOURCES
Commr. Swartz brought up for discussion the review and evaluation for Mr. Sandy Minkoff, County Attorney, pursuant to Section 5 of the Employment Agreement between Lake County and Sanford A. Minkoff. He explained that the evaluation checklist has been changed from a 4 point ranking to a 5 point ranking which was essentially the same ranking system used for other County employees. He stated that it was his recommendation, subject to approval of the review, that the evaluation be forwarded to the Personnel Department for action as with any other County employee in terms of any merit increase.
Commr. Cadwell commended Mr. Minkoff for the job he was doing and his commitment to Lake County.
Commr. Cadwell made a motion, which seconded by Commr. Good, to accept the Annual Evaluation of Sanford A. Minkoff, County Attorney; and to forward said evaluation to the Personnel Department for review and to provide the same merit increase based on the ranking as provided to County employees.
Commr. Swartz expressed his appreciation to Mr. Minkoff and noted that he has received a letter from Mr. Bob McKee, Tax Collector, advising the Board of his appreciation for Mr. Minkoff's efforts in working with the Tax Collector's Office.
The Chairman called for a vote on the motion which carried unanimously by a 5 - 0 vote.
COUNTY ATTORNEY
COUNTY EMPLOYEES/HUMAN RESOURCES
Commr. Swartz brought up for discussion the review and evaluation for Ms. Sue Whittle, County Manager, pursuant to the Employment Agreement between Lake County and Sue Whittle.
Commr. Gerber stated that Ms. Whittle was doing a wonderful job during a difficult year and stated that she would support using the same method for compensation for the County Manager as for the County Attorney.
Commr. Gerber made a motion, which was seconded by Commr. Cadwell, to accept the Annual Evaluation of Sue Whittle, County Manager; and to forward said evaluation to the Personnel Department for review and to provide the same merit increase as provided to County employees based on the ranking.
Commr. Hanson stated that Ms. Whittle has done a good job; however, she has had some strong differences with Ms. Whittle and with the Board. She stated that there were better ways in which to handle the differences.
Commr. Swartz stated that he would encourage all of the Commissioners to talk with the County Manager and the County Attorney about any issues and areas in which they would like to see a different response or a different approach. He noted that the evaluation was to help the County Attorney and County Manager improve in areas that need improvement. He expressed his appreciation to Ms. Whittle, noting that during the last three years the County Attorney and the County Manager have facilitated a calming influence for the Board.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Hanson voted in opposition.
MINUTE APPROVAL
Regarding the Minutes of July 7, 1998 (Regular Meeting), the following correction was requested:
Page 11, Line 7 - delete "with a 5% factor, per the five years"; and insert allowing for a 5% increase for each of the five years.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of July 7, 1998 (Regular Meeting), as amended.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of July 27, 1998 (Budget Workshop), as presented.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of July 29, 1998 (Budget Workshop), as presented.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of July 30, 1998 (Budget Workshop), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of August 11, 1998 (Regular Meeting), as presented.
REPORTS (CONTINUED)
COMMISSIONER GERBER - DISTRICT NO. 1
FOR YOUR INFORMATION
Commr. Gerber noted that the Urban Corridor Design Seminar has been scheduled on September 4, 1998, in the Training Room, Lake County Administrative Building.
Commr. Gerber noted that the first Teen Court would be held this evening, September 1, 1998, at the Judicial Center and would be held every Tuesday thereafter.
Discussion occurred regarding video taping Teen Court for television broadcast; at which time, the County Attorney was directed to research the legality of video taping Teen Court for television broadcast.
COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 1
FOR YOUR INFORMATION
Commr. Swartz informed the Board that Mr. Henry Dean, St. Johns River Water Management District, would be addressing the Polk County Board of County Commissioners regarding stronger and more appropriate language with regard to the Lake Lowry situation.
Commr. Swartz informed the Board that Mr. Dean has indicated that the St. Johns River Water Management District would not be requesting funding from Lake County for the Soil Amendment in regard to the Lake Apopka muck farm project due to reallocation of unspent funds for the land acquisition of the muck farms.
RECESS & REASSEMBLY
At 10:10 a.m., the Chairman announced that the meeting would recess and reconvene at 1:30 a.m. for a public hearing.
PUBLIC HEARING
FIRE RESCUE FINAL SPECIAL ASSESSMENT RESOLUTION
ASSESSMENTS/RESOLUTIONS
Commr. Swartz announced that staff would make a brief presentation on the Fire Rescue Final Special Assessment Resolution and that staff was available in the Training Room to assist those who were present that believe there may be an error on their notice. He announced that an alternative to the original schedule that was set up for mobile home/RV park counts for fire assessment would be presented that would amend the resolution before the Board at this time to more accurately take into account the vacancies that exist in RV parks and rental mobile home parks where there are empty pads.
It was noted that the following individuals were present for the public hearing: Sarah LaMarche, Director of Budget; Frank LaFluer, Acting Fire Chief; Sarah Bleakly, Nabors, Giblin & Nickerson, P.A.; Camille Gianatasio, Government Services, Inc.
Chief Frank LaFluer provided a brief summary and update of the issues that have been previously discussed. He explained that a team was established in March to review and develop a foundation plan and the following basic goals were identified:
Fully staff each paid station - 2 paid firefighters/EMT per shift
Recruit and keep good volunteers
Hire reserves
Staffing plan
Joint ventures
5-year Capital Improvement Plan
Commr. Swartz stated that it was important to remember that the special assessment was designed to provide some increase on an annual basis for fire rescue services, and it was the County's intent to reopen stations, where there is the most need, and to establish stronger volunteer organizations over the coarse of the five year time frame.
Ms. Sarah Bleakley, Nabors, Giblin & Nickerson, P.A., provided a brief outline of the methodology used to develop the proposed fire rescue assessment and discussed the revision that was being proposed for mobile home/RV parks vacant lot spaces. She explained that the methodology used essentially took the proposed budget that Lake County had developed for fire
rescue services and allocated it among the properties that are improved in Lake County based on fire call demand. At this time, she displayed on the monitor a pie chart and explained that it was determined that 86% of the fire rescue calls come from residential, and the remainder come from institutional, commercial and industrial warehouse properties; therefore, funds were allocated to those properties based on fire call demand. She explained that, as a result, the number of allocated units were calculated in residential which resulted in an $82 per residential dwelling unit allocation for the rate for residential property based on fire call demand. She stated that it became clear that it was hard to distinguish between RV parks and mobile home parks, and that there were discrepancies in charging vacant mobile home lots under the proposed original methodology but not charging for vacant commercial lots or vacant residential lots. She explained that it was determined that it would be fairer within the bounds of the law to not charge for vacant mobile home lots and vacant lots in RV parks; therefore, the vacant lots in RV parks and mobile home parks have been excluded from the residential unit count, and the budget has been reduced to account for the proposed rate reductions. She stated that the residential unit rate remains at $82 and the budget was at $5,675,000.
At this time, the Chairman opened the public hearing portion of the meeting on the Fire Rescue Final Special Assessment Resolution.
Mr. David Hawley appeared before the Board in opposition to the special assessment and presented questions pertaining to the $182,284 cost for developing the fire rescue plan, and the fire budget. Commr. Swartz, Chief LaFluer and Ms. Camille Gianatasio responded to Mr. Hawley's concerns. Mr. Hawley presented a petition with 218 signatures from the unincorporated area of Forest Hills, Lake Katherine, and Deer Haven requesting that fire station 22 in Lake Mack receive appropriate funding and support and states that the current plan was unfair and not reasonable to this area of Lake County.
Mr. Ted Arthur appeared before the Board in opposition to the special assessment and stated that the special assessment was a stealth tax. He discussed property taxes that he has paid on a fishing shack on the Wekiva River and on a seven acre parcel adjacent to the shack, and the lack of services that he has received in 24 years. He reminded the Commissioners that they had a responsibility to represent all of the people.
Mr. Ray Kosmoski, a resident in the Pine Lakes area, appeared before the Board in opposition to the special assessment and stated that he was disabled and has been unable to get assistance from the County. He expressed concern that he has been unable to obtain a copy of
the fire rescue packet and discussed the $125,000 used to put the packet together. He stated that, from 1970 to 1998, the population in Lake County grew to 190,000 people which resulted in an additional $3,000,000 in revenue for fire taxes based on $35 per household and questioned where the revenue was spent. He expressed concern that there was not enough time for the taxpayers to perform an audit to determine if the revenue from the $35 assessment has been misappropriated or designated to other areas.
Mr. Paul Ludtke, President, Lake County Manufacturers Mobile Home Association, representing 58 mobile home parks, appeared before the Board in opposition to the special assessment and distributed a letter, dated October 21, 1991, from the County Attorney and addressed to Mr. John Gammon, which addressed the method in which the non-ad valorem assessment may be collected from the tenants of mobile home parks. He stated that they were not satisfied with the $82 special assessment and that they would support a millage basis so that every one pays their equal share. He expressed concern that there were a lot of people in mobile home parks that cannot afford to pay the $82 special assessment.
Ms. Elyse Rainey, a resident of Lake Kathryn, appeared before the Board and stated that the proposed fire rescue plan would not help her family because of the dirt road to access her property and urged the Board to address the issue of the roads in the unincorporated areas of Lake Mack, Pine Lakes, and Lake Kathryn.
Mr. Carmen Sirolli, a resident of Lady Lake, appeared before the Board in opposition to the special assessment and explained that he owns 50 apartments in Lady Lake and has spent $46,000 to pave the roads. He stated that, in 1985, he paid a one time fire assessment of $75 per building and the County was now requesting a special assessment of $82 per family. He questioned where he was going to get the money to pay $4,100 in addition to the $21,000 he pays per year in taxes. He noted that he has paid over $300,000 in taxes in Lake County and they have received no services from the County. He stated that he would support raising the millage rate by one mill.
Mr. Dennis Deckman, a resident of the Paisley area, appeared before the Board in opposition to the special assessment. He discussed the Hibiscus fire that occurred on August 16, 1998 and presented a copy of the fire report to Chief LaFluer for his review. He stated that the Pine Lakes fire station responded to said fire with an 11.3 minute response time and noted that there were unmanned fire stations in the areas of Lake Mack, Lake Kathryn, and Paisley with
faster response times using volunteers. He discussed several recent fire rescue calls with inadequate response times.
Ms. Carrie Williams appeared before the Board in opposition to the special assessment and presented photographs of her flooded property in the Montclair area in January. She stated that, at the time of the flooding, she was unable to get emergency assistance from the County and was unable to access her driveway. She expressed concern that the County was now going to assess her $82 for a vacant mobile home in an area that remains flooded with no County facilities.
Mr. Ken Roach, a resident on Ranch Road, appeared before the Board in opposition to the special assessment and stated that the referendum in 1984 states that the assessment was not to exceed $35 annually, and the people of Lake County should have the opportunity to vote on the fire assessment. He stated that it was not possible to serve Lake County with nine fire stations and expressed concern that fire stations were closed in 1993 and questioned why the County was building new fire stations.
Mr. Roy Hunter, a resident of Paisley, appeared before the Board in opposition to the special assessment and distributed copies of an article that appeared in the Lake Sentinel and copies of insurance ratings. He stated that he was present not only to voice dissatisfaction but to offer solutions and mutual enlightenment. He expressed concern that the Board was not thinking about Paisley, Lake Kathryn, Lake Mack, Forest Hills and other small communities, and noted that, by ignoring the Paisley area, the Board was ignoring Spring Creek Elementary School and the response time in case of emergencies at the school. He suggested that the Board incorporate volunteers during the night hours at the Paisley fire station and provide funding for two paid firefighters during the day hours. He stated that the response time with two paid firefighters on duty during the day hours would help Spring Creek Elementary. He stated that the Paisley volunteer firefighters were highly trained and suggested that there may be volunteers that would be interested in being paid firefighters. He expressed concern with the proposed fire station at County Road 42 and 439. He requested that the Board schedule a second public hearing in the evening to be fair to the people that work during the day and to allow the Board time to review the information he has provided on insurance ratings. At this time, he discussed the insurance ratings and stated that, if the County could change the insurance ratings from a 9 to a 7, the insurance rates would lower enough that the savings would pay for the $35 fire assessment plus fire hydrants and wells. He stated that it was very difficult to get water for the
fire trucks from some of the lakes because of access and suggested that long hoses in secure boxes be installed at designated lake sites in lieu of fire hydrants in some remote areas. He stated that the junction of County Road 42 and 439 was a distance of 5.1 miles from the Altoona/Paisley fire station, and stated that, if you live more than five miles from any fire station, the insurance ratings will change from a 9 to a 10, the lowest rating in the state. He stated that many of the people in the Altoona and Paisley area cannot afford higher insurance rates and cannot afford not to have insurance.
Reverend Meg Ingles, Holy Trinity Episcopal Church, Fruitland Park, appeared before the Board and requested the definition of the difference between a tax and an assessment. She stated that Holy Trinity was a tax exempt organization and that the special assessment would be $435 at the end of the year when there has been no money budgeted for the special assessment. She stated that they are � mile from a closed fire station and that there was a six minute delay should the church need fire assistance. She expressed concern that fire trucks would have a difficult time traveling down Via Marcia Road to access Holy Trinity due to the poor condition of the road.
Ms. Don Armstrong, a resident in the Paisley area, appeared before the Board, and explained that he was a volunteer firefighter for Paisley and expressed concern that consultants from large municipalities have been hired to establish a fire plan and put together a special assessment in rural Lake County, which is why trucks have been purchased that are inadequate and why fire stations that were part of the original fire districts have been closed. He expressed concern that the Board was taking care of ten (10%) percent of the people in Lake County with this type of taxation and asked that the Board consider this fact.
RECESS & REASSEMBLY
At 3:35 p.m., the Chairman announced that the Board would recess and reconvene at 3:55 p.m.
PUBLIC HEARING
FIRE RESCUE FINAL SPECIAL ASSESSMENT RESOLUTION
ASSESSMENTS/RESOLUTIONS
Mr. Murphy Cameron, a resident of Lake County, appeared before the Board in opposition to the special assessment and expressed concern that decisions have been made by experts and not by the people of Lake County. He stated that those who use the fire services should pay for the total cost of the service and gave examples of calls illustrating his point. He stated that non-ad valorem taxes was taking from the poor to benefit the rich. He requested that the Board consider the residents that were present today in opposition to the special assessment.
Mr. John Pelka, a business owner in Lake County, appeared before the Board in opposition to the special assessment and stated that the key issue was fairness. He stated that the assessment of his business results in his paying 6.5 mills for fire service for his business, and that the amount was extraordinary and needs to be spread fairly based upon some type of millage rate. He stated that he was paying over $20,000 per year in taxes on a 36,000 square foot facility, noting that the business was classified as commercial by the Property Appraiser's Office. It was noted that there may be an error in the commercial classification of Mr. Pelka's business. He requested further information on the Hardship Assistance resolution.
Mr. Dan Costa, a resident of Lake County, appeared before the Board in opposition to the special assessment and discussed the growth in new developments in Lake County. He stated that the residents of Lake County should not have to pay for the new growth that was moving into the County.
Ms. Marilyn Buttry, a resident in South Lake County, appeared before the Board in opposition to the special assessment, and questioned how the Board could justify an assessment of $34 to $69 for up to $3,500 square feet on industrial warehouses versus $82 for small trailers and mobile homes. She further questioned if an analysis has been made between residential houses versus mobile homes and trailers and if exemptions have been given to groups other than churches. She expressed concern that the areas with less calls would be paying the same special assessment; however, would be the last areas to receive fully staffed fire stations.
Mr. Don Post, Senior Director, Solid Waste Management Services, displayed a map illustrating the location of fire calls and the number of calls in specific areas.
Mr. Don Huntington, owner of an aircraft salvage warehouse in South Lake County, appeared before the Board in opposition to the special assessment, and discussed the zoning classification of his property. He expressed concern that five commissioners were making the decision for the public and stated that the only fair and honest way was to let the people vote on the special assessment.
Mr. Jim Cefalo, a resident on Dewey Robbins Road, appeared before the Board in opposition to the special assessment, and stated that this special assessment would not benefit himself or any one in his neighborhood because the fire trucks cannot reach his home because
of the poor road condition of Dewey Robbins Road. At this time, discussion occurred regarding the condition of Dewey Robbins Road and the County road maintenance schedule.
Mr. Richard Gander, a member of the Lake County Fire Rescue Board, appeared before the Board in opposition to the formula being used for the fire assessment, however, encouraged the public to support the Board of County Commissioners who are addressing fire service as one of the basic needs of County government. He stated that the fire service in 1999 and the dollars in future years will increase the number of stations as the Citizens Fire Advisory Board had recommended. He respectfully requested that the Board consider changing the taxing formula to increase commercial, industrial warehouse, and institutional properties and give some relief to the smaller residential taxpayer.
Ms. Carrie Hodgens, a local resident, appeared before the Board in opposition to the special assessment and expressed concern that the special assessment was perceived as a trap by the citizens of Lake County. She suggested that the County go back to the days of fund raisers, a fireman's day, and donations from the businesses and get the community and firefighters working together instead of forcing everyone further apart. She stated that the special assessment was not the only option.
Ms. Dolores Williams, a resident of Fruitland Park, appeared before the Board in opposition to the special assessment and requested clarification on why the Board decided to go with a special assessment in lieu of an ad valorem methodology. She stated that she lives in a mobile home appraised at less than $3,000, her income was less than $700 per month, and an $82 special assessment was a hardship.
Ms. Katherine Griffin, a resident on the south side of Umatilla, appeared before the Board in opposition to the special assessment and expressed concern with the closing of the south side fire station on Carol Street and the fire station in Dona Vista and questioned the closing of said stations. It was noted that the south side fire station on Carol Street was officially open, however, there were no volunteers to man the station and that the Dona Vista fire station was being used as a supply depot for equipment.
Ms. Kathy Allison, Ackerman, Senterfitt & Eidson, representing Concire Centers, Inc. and Calflor Properties, owner of Citrus Valley Campground, appeared before the Board and stated that Concire Centers, Inc. owns a commercial shopping center, and was required to install a tremendous amount of fire safety equipment at time of development, and the assessment represents a very large fee that they cannot pass on to the tenants. She stated that the assessment
for Citrus Valley Campground, in the amount of $2,600, represents a 400% increase from last year's fire assessment. She stated that, based on the above noted examples, they would appreciate the Board's reevaluation of the assessment in light of the fact that it does represent a tremendous amount of money for all property owners.
Mr. Timothy F. Campbell, Attorney, Clark & Campbell, P.A., representing Lakeside Terrace Mobile Home Park, appeared before the Board and expressed his objection to an inequitable allocation to residential much of the cost associated with the budget and the fire services that are provided. He stated that they were objecting to failure to apply a separate assessment rate for mobile home units as they relate to other residential units, and the misallocation of non-allocated calls, brush fires, vehicle accidents, and other miscellaneous functions, in accordance with the land use allocations, when these types of calls do not relate to land uses but rather should be evenly distributed among all of the land uses. He stated that it was their contention that the analysis and the resulting formulas do not properly apportion the assessment pursuant to the benefit provided by the fire rescue operations and the budget that has been presented. He stated that it was their contention that it specifically fails because it does not reflect the difference in cost to attend structure fires between mobile homes, conventionally constructed homes, commercial structures and other type of structures. He further stated that there was a lot of equipment included in the budgets that are not required because of residential uses but because of commercial and industrial uses and those changes are not reflected in the numbers. He stated that it was their contention that the apportionment does not accurately reflect the cost to provide fire services for mobile homes. He suggested that calls that do not relate directly to structural fires would be better spread evenly among all of the land uses and all of the property owners and the remaining costs could be allocated appropriately. He stated that, although there was a provision for an extraordinary vacancy adjustment to recognize vacancy rates for RV parks, mobile home parks have similar vacancy rates as RV parks and they should be entitle to some similar type of adjustment. He stated that their objection results from the failure of the study and the proposed rate to accurately reflect the portion of the County's budget attributable to mobile home lots. He stated that the law requires that the assessment be properly apportioned to reflect the special benefit as provided to each mobile home lot and they contend that the assessments as proposed do not comply with this requirement and should not be adopted in the present form.
Mr. Jim Crawford, Attorney, Richey & Crawford, representing fifteen (15) recreational vehicle parks, appeared before the Board in opposition to the special assessment, and explained that some of the RV parks have park models, semi-permanent, or permanent RVs, as well as transit spots, and they were present to request a fairer fire fee assessment for the above properties. He stated that all of the data that he has been provided through the County or state fire marshals office indicates that RV parks have a much less impact than do residential homes. He expressed concern that there were over 600 land use codes and the County, through the consultant's report, has determined to use only four land uses. At this time, he discussed the number of fire rescue calls under the various land use codes. He stated that there must be a fair and reasonable apportionment of the cost and, in his opinion, breaking 600 potential land use codes into four will result in unfair assessments. He suggested that the Board classify RV parks as a commercial business and displayed on the monitor a land use map which illustrated that RV parks are defined as commercial uses and defined by the Land Development Regulations as recreational vehicle parks and not defined as residential development. He stated that RV parks pay tourist development tax on every space and are defined by the County as a commercial operation. He stated that they are requesting that the Board amend the proposed resolution to classify all of the commercial enterprises as commercial, including RV parks, and as an alternative, take the count twice a year to get a fair average, or allow an affidavit by a mobile home park owner that states the occupancy rate for the entire year. He stated that another alternative would be not to adopt the proposed resolution and conduct a full and fair assessment with more land use codes.
Mr. John Parkhurst, Manager, Holiday Travel Resort, appeared before the Board in opposition to the special assessment and stated that Holiday Travel was a 935 site campground located near Okahumpka. He stated that over 200 sites were empty for over 9 months of the year and over 600 units are unoccupied for over 6 months of the year. He stated that the fire tax assessment for 1997 was $31,129 and that the proposed new fire tax for 1998, based on the notice to property owner information, would be $81,718 per year and the maximum the following year would be $99,000. He stated that the County was not making acceptable provisions for the campground industry, and requested that the Board make two evaluations per year to get an appropriate occupancy rate. He stated that Holiday Travel was being rated as a residential entity and should be assessed the same commercial rate as a hotel and motel. He
stated that the Board needs to prioritize the fire and rescue protection needs of Lake County and fill those needs at a pace that can be funded by the addition of new homeowners in Lake County.
Mr. Donald Peters, a resident in the area of Umatilla, appeared before the Board in opposition to the special assessment. He distributed a copy of the deed to his property, a Physician's Statement indicating that his wife was totally blind, and tax information and stated that his income for 1997 was less than $11,000 per year. He requested that the Board not raise his taxes.
Mr. Robert L. Barkin, owner of Lake Saunders RV Park, appeared before the Board in opposition to the special assessment and discussed the impact of the RV parks in Lake County. He stated that he was opposed to the $82 special assessment on a 100% basis because it will be affecting Lake Saunders RV Park due to their occupancy rate. He stated that he receives a faster fire response from the Cities of Mt. Dora, Tavares and Eustis than from the County, noting that the Pascoe Fire Station has been closed for years. He explained that the park has an 8% occupancy rate for six months out of the year and RVs are unhooked, with no electricity. He stated that the Lake Saunders R.V. Park was a very well maintained regulated commercial project and should be treated as commercial.
Mr. Mark Hall, a resident of Royal Trails, appeared before the Board in support of the special assessment and expressed his support of the Lake County Fire Chief, and the Board's efforts to upgrade the Lake County Fire Department. He stated that for $82, if he could put another firefighter on a fire truck, the fire department benefits and every call they respond to benefits. He stated that the fire department does not prevent house fires but they do prevent neighborhoods from burning.
Mr. Jim Rossitter, owner of an RV Park, appeared before the Board in opposition to the special assessment, and discussed the loss of the Lake County volunteer fire department. He suggested that, in lieu of the special assessment, the Board should do everything possible to reestablish the volunteer fire fighters.
Mr. Charlie H. Laney, Jr., a resident of Howey-in-the-Hills, appeared before the Board and explained that he was forced to discontinue his horse shows because he could not afford to pay the insurance requirements. He stated that he supported the $35 fire assessment, and he supports the proposed $82 fire assessment, however, does not support the methodology being considered. He discussed the buildings on his property and the total number of billing units that he was being assessed, in the amount of $246, with a maximum assessment of $300. He expressed concern that he was misled by the news media and led to believe that he would be assessed $75 for the fire assessment.
Mr. Lee White, a resident of north west Lake County, appeared before the Board in opposition to the special assessment and stated that he lives next door to Fire Station No. 46 that has been closed for over a year. It was noted that Fire Station No. 46 has not been closed, however, there was a lack of volunteer fire fighters for the station. He expressed concern with the lack of fire protection and stated that he has no objections to paying for fire service as long as he has protection.
Mr. George Quiroga, a local resident, appeared before the Board in opposition to the special assessment and noted that the people complain about the federal government when, in fact, local government was the entity raising taxes. He expressed concern that the best properties in Lake County were in the hands of rich people who buy the properties for developments, and they are not required to pay fire taxes on the valuable vacant property, which is very unfair.
Mr. William D. Haun, Manager, Citrus Valley Campground, appeared before the Board in opposition to the special assessment and stated that a $75 special assessment would be more realistic and that the $82 assessment was unfair. He expressed concern that a fire station was proposed for South Lake County in the year 2000, however, noted that a fire station was needed immediately in the area. He stated that the response time from the Lakeshore Fire Station to the Citrus Valley Campground was sixteen (16) minutes. At this time, Chief LaFluer discussed the present arrangement with Osceola County for fire service noting that the response time to the campground was five (5) minutes.
Ms. Ronco, a resident of Lake County, appeared before the Board in opposition to the special assessment and stated that she moved to Lake County twenty years ago because she prefers a small community and loves Lake County. She stated that she had no objection to the special assessment, however, does oppose unfairness to those who cannot afford to pay the $82 special assessment. She requested that the Board reconsider charging every resident the same fire assessment noting that the larger homeowner should be paying more in fire tax. She suggested that the Board look at this issue objectively and consider other methods of raising funds for fire service.
There being no further public comment, the public hearing portion of the meeting was closed.
Ms. Bleakley explained that, under case law, the assessment has to be apportioned fairly and reasonably. In response to a question presented by Commr. Gerber, Ms. Bleakley stated that, if the Board chooses to change the proposed fire rescue plan, they would have to come up with a fair and reasonable apportionment methodology. She further stated that, if the Board chooses to reclassify property, the Board would have to think very carefully whether it was logical to do that, noting that they have relied upon the Property Appraiser's classifications used for the purpose of ad valorem taxes. She explained that a classification change for RV parks could affect the overall budget amount and the amount that was paid. She stated that, if one large group of property was reclassified from residential into commercial, it would have to determine how many square feet were in each of the parcels and then rearrange the categories and redistribute the assessment. Discussion occurred regarding various methodologies and the impacts of said changes. Ms. Bleakley stated that, if RV parks were considered commercial, the parcels would probably fall into the smallest tier and would end up paying $125 per parcel.
Commr. Hanson stated that she has studied the methodology in detail and reached the conclusion that to find some sense of equity the County has to go with a portion of the funding from ad valorem taxes. She stated that many of the people that qualify for hardship relief would not pay under the ad valorem method; however, she does feel everyone should pay something unless it was truly a hardship case. She stated that charging ad valorem charges commercial at a regular rate rather than a reduced rate, it charges residential at the same percentage and equalizes the whole system. She stated that the County was trying to base this assessment on case law, which makes it legally defensible and provides additional dollars; however, it doesn't make it fair. She stated that she was suggesting one-half mill, which would raise approximately $1,800,000, and the balance would be seventy (70%) percent of the assessment.
Commr. Swartz stated that inequities have been presented today; however, we do not have the benefit of hearing all the inequities that would to come forward through a partial or full property tax. He stated that there were inequities on both sides of the issue.
Commr. Good stated that a $15 special assessment and one (1) mill would generate approximately the same funds. He stated that the issues were are we creating a fair way to generate the dollars and will the inequities occur with those who can afford to live with them or to those who cannot afford to live with them. He stated that he perceives the assessment as striking inequities at those who cannot afford to live with them as opposed to the millage, which
may create inequities; however, the inequity occurs at the end of the economic spectrum if we do a split.
Ms. Bleakley explained that vacant lots in RV parks and mobile home parks will be excluded from the unit count so that vacant lots in residential communities, as well as RV parks, and mobile home parks are not counted as dwelling units. She explained that the institutional category, which includes churches and not-for-profit entities, has been granted an exemption for 50% of the charge and to pay for that exemption a general fund contribution will be required.
Commr. Cadwell made a motion, which was seconded by Commr. Gerber to approve Resolution No. 1998-130 relating to the provision of fire rescue services, facilities and programs throughout a portion of the unincorporated area of Lake County, Florida, and throughout the incorporated area of the City of Minneola and The Towns of Astatula, Howey-in-the-Hills and Lady Lake; revising the parcel apportionment to exclude vacant lots in recreational vehicle park property and mobile home park property from being considered dwelling units; imposing Fire Rescue Assessments against assessed property located in Lake County, Florida, for the Fiscal Year beginning October 1, 1998; approving the rate of assessment; and approving the assessment roll.
Commr. Swartz expressed appreciation to those who were present at the meeting this date and stated that the Board has been working on the fire rescue special assessment for the last year and, although it may not be the perfect step forward, it was the best step forward for the fire rescue system.
Commr. Good stated that he does support the staff proposal for improving fire rescue service; however, he does wish that the Board could find another alternative for funding the proposal. He stated that he was voting in opposition to the methodology in which to raise funds and not to the fact that we need to improve the fire service.
Commr. Hanson stated that she supports the improved fire rescue proposal and the dollars that are going to be required; however, she was in opposition to the methodology for reaching those dollars. She commented that, in the long run, we won't be able to capture dollars that we would have been able to capture through the ad valorem process; and, at some point, we will be back looking at this whole issue because we have not allowed the ad valorem to generate the revenue for the increased demand for fire services.
Commr. Cadwell stated that he has looked at the methodology for funding the fire rescue proposal and feels that the fire rescue special assessment was fair.
Commr. Swartz expressed his appreciation to the County Manager's and County Attorney's staff, Office of Finance, Fire and Rescue Services, the consultants and to the public for participating in the public hearing on the fire rescue services.
The Chairman called for a vote on the motion, which passed by a 3 - 2 vote.
Commr. Hanson and Commr. Good voted in opposition.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
Mr. Sandy M. Minkoff, County Attorney, informed the Board that an agreement has been reached in the case of Lake County v. PrimeCo, PCS, and the Chairman will be required to sign CUP#97/4/2-3 Ordinance No. 1998-74 for the tower on September 2, 1998. He noted that Lake County would escape any possible liability for fees and costs associated with this case.
DEPUTY COUNTY MANAGER
FOR YOUR INFORMATION
Mr. Alvin Jackson, Deputy County Manager, informed the Board that correspondence has been received from the Florida Association of Counties Floridians For Fairness In Court Funding indicating that they were going to request from the Supervisor of Elections the list of absentee ballots and they were asking if the Board would consider paying for postage costs and that said cost should be no more than $1,000.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 6:50 p.m.
__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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