The Lake County Board of County Commissioners met in regular session on Tuesday, November 3, 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: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Sue Michaelsen, Executive Secretary, Board of County Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; 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 and Addendum No. 2 had been added to the agenda.
MINUTE APPROVAL
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of September 17, 1998 (Special Meeting), 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 September 22, 1998 (Regular Meeting), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of October 6, 1998 (Regular Meeting), as presented.
CLERK OF COURT'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/Bonds/Contracts, Leases & Agreements
Request for approval of Contract with Ernst & Young for the calculation of arbitrage rebate for the Solid Waste Line of Credit and Resource Recovery Bonds - Estimated fees: $7,000.
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment in the Interest of Robert Wilson Rowe, a Child, Case No. 84-168CJ, in the amount of $150.00; and authorized proper signature on same.
Request for approval of Satisfaction of Judgment in the Interest of Edward Shannon Hobdy, a Child, Case No. 87-468-CJ, in the amount of $50.00; 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 November 1998, in the amount of $6,289.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
449-99 Pools by Jack, Inc.
801-99 Stinson Electric, Inc.
1200-99 James D. Bass (Plumbing)
1489-99 Vic Wrobel (Plumbing)
1761-99 Classic Plumbing, Inc.
3077-00 Ken Oliver Roofing
3096-99 Terry Ross dba Terry Ross Plumbing
4446-99 Ronald P. Schmitt (Electrical)
4462-99 Acree Air Conditioning, Inc.
4153-99 Paul Bordeau (Plumbing)
4241-99 Gregory D. Baugh (Electrical)
4513-99 Eugene Schmitt of Schmitt Builders, Inc.
4708-99 T. H. Little (Electrical)
4718-99 Arft's Electrical, Inc.
4720-99 David B. Sheppard dba Sheppard Electric Company
4736-99 Darrell Chandler/Chandler Electric
4849-99 Larry D. New/Economy Electric
4913-99 Greens Energy Services, Inc.
4944-98 Charles L. Henry, Jr./Henry Electric Company
4906-98 Robert L. Rowland dba Rowland Electric Company
5008-99 Syncplumbing, Inc. (Plumbing)
5261-00 Darel G. Taylor/Crown & Company Custom Home Builders, Inc.
5297-99 Mott, USA, Inc. (Signs)
5371-99 Peter E. Hetherman General Contractor
5449-99 Timothy D. Fox (Residential)
5534-01 Stephen Crain, Jr. (Regular Air Conditioning/Electrical)
5565-99 Russell Electrical Constructors
5573-99 John Robert Cadwell/Affordable Roofing by John Cadwell, Inc.
5653-99 John T. Jarrett dba Jarrett Electric
Cancellations
449-97 Jack Eichenburg
1739-98 Jerry F. Miller (Aluminum Contractor)
5327-98 John R. Miller (Electrical)
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 September 30, 1998. Disbursements: $123,541.77. Same period last year: $135,853.15.
Municipalities/Meetings
Request to acknowledge receipt of Notice of Public Meeting Schedule and District Map from the County Club of Mount Dora Community Development District for Fiscal Year 1999. The meetings will be held at the County Club of Mount Dora, Clubhouse Dining Room, 1900 Country Club Boulevard, Mount Dora, Florida on the following dates: November 12, 1998; January 14, 1999; March 11, 1999; May 13, 1999; July 15, 1999; and September 9, 1999.
Request to acknowledge receipt of Notice of Public Meeting Schedule and District Map from the Deer Island Community Development District for Fiscal Year 1999. The meetings will be held at the Deer Island Clubhouse, at 10:00 a.m., 17450 Deer Island Road, Deer Island, Florida on the following dates: November 3, 1998 (Landowners); May 27, 1999; and July 29, 1999.
Municipalities/Ordinances
Request to acknowledge receipt of City of Clermont Ordinance No. 360M providing for the annexation of a certain parcel of land contiguous to the present city boundaries. Passed and Ordained by the City Council of the City of Clermont, Lake County, Florida on September 22, 1998.
Request to acknowledge receipt of City of Clermont Ordinance No. 361-M providing for the annexation of a certain parcel of land contiguous to the present city boundaries. Passed and Ordained by the City Council of the City of Clermont, Lake County, Florida on September 22, 1998.
State Agencies/Reports
Southwest Florida Water Management District Fiscal Year 1998-1999 budget, and preliminary comments from the Executive Office of the Governor on the proposed budget.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Agreement between Lake County and the 5th Judicial Circuit Medical Examiner for autopsy services at a fiscal impact of $366,932.
Contracts, Leases & Agreements
Request for approval and execution of Interlocal Agreements between Lake County, the Medical Examiner, and each of the four (4) counties (Citrus, Hernando, Marion, and Sumter) comprising the 5th Judicial Circuit Medical Examiner District for the purpose of sharing the costs for the operation and maintenance of the Medical Examiner's facility located in Leesburg.
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval for annual grant funding of nine local Children's Services providers who have submitted applications for County funds; and authorization for the execution of subsequent contracts; subject to final approval by the County Attorney. Fiscal impact of $159,096
Accounts Allowed/Insurance/Suits Affecting the County
Request for approval of worker's compensation settlement, in the amount of $41,500; and authorization for the Chairman to execute the appropriate document(s).
Accounts Allowed/Budget Transfers/Resolutions
Request for approval of Budget Adjustments for Fiscal Year 97/98 and Fiscal Year 98/99, as follows:
Budget Adjustments for FY 97/98:
Department: Facilities and Capital Improvements
To: Other Miscellaneous Costs $100,000
From: Capitalized Interest Costs $100,000
Transfer #: 98-417
Justification: No funds were budgeted to pay closing costs in connection with sales of property at the Industrial Park. Sales proceeds are accounted for in the gross sales price and the closing costs need to be budgeted as a separate expenditure line item.
Department: Risk Management
To: Insurance Payments $4,000
From: Special Reserves $4,000
Transfer #: 98-418
Justification: The Insurance Payment line item is used to pay insurance premiums for employees and their dependents and COBRA participants. During the budget process, funds for additional positions were not taken into consideration. The revenue collections for these payments exceed the budget estimates.
Budget Adjustments for FY 98/99:
Revenue: Litter Control and Prevention Grant $7,151
Revenue: Recycling and Education Grant $9,906
Expenditure: Aids to Governmental Agencies $7,151
Expenditure: Machinery and Equipment $9,906
Amendment #: 99-005
Justification: Resolution No. 1998-170 to receive unanticipated revenue from the State of Florida, Department of Environmental Protection for the Litter Control and Prevention Grant and the Recycling and Education Grant.
Department: Facilities and Capital Improvements
To: Land $40,000
From: Grants and Aids $40,000
Transfer #: 99-007
Justification: These funds are needed for the purchase of land located on SR 44 in Eustis. It is necessary to transfer these funds to the Land account to properly reflect the proper expenditure code.
Department: Tourist Development
To: Promotional Activities $49,500
From: Contingency $49,500
Transfer #: 99-016
Justification: Funds are for art direction, production and printing of the new Lake County
Vacation Guide and Golf Program Brochure. Both of these project were scheduled for completion prior to September 30, 1998, therefore no funds were rebudgeted. Both projects were delayed and invoices need to be paid in FY 98/99.
Department: Facilities and Capital Improvements
To: Public Works Building $684,000
To: Buildings $ 16,000
From: Buildings $700,000
Transfer #: 99-017
Justification: At the time of preparation of the budget for FY 98/99, it was anticipated that the renovation and addition of the Public Building would be complete. Due to unforeseen delays, this did not occur. It is necessary to establish a line item to complete the renovation.
County Employees/Personnel
Request for approval and execution of Certificates for employees with one and three years of service.
Accounts Allowed/Assessments/Roads-County & State/Road Projects
Request for approval and execution of Satisfaction of Assessment Liens for thirteen road assessments, as follows:
Assessment # Name Amount
661669 Great American Federal Savings $2,456.47
& Loan
671070 Linda M. Humphrey $1,696.08
674011 Edward & Brenda Sattesahn $1,665,49
675005 Keith & Paula Sullivan $1,288.71
678028 Alan C. Cole $1,682.98
679085 Karen Williamson $ 692.19
684008 Martha Wolfe $ 255.90
685012 Edward & Sharon Peltz $1,472.21
685075 Katie Wiggins $1,839.59
685109 James & Elisabeth Collop $1,405.22
685110 James T. Collop $1,405.22
688007 Doris J. Smith $3,849.56
689006 Andrea Jessen $1,927.61
Resolutions/Signs/Roads-County & State
Request for approval and execution of Resolution No. 1998-171 authorizing the posting of "No Parking On Right of Way" signs on the south side of Ridgewood Avenue (#2-1864) in the Montverde area.
Request for approval and execution of Resolution No. 1998-172 authorizing the posting of "No Parking on Right of Way" signs on both sides of CR 561 through the industrial area of CR 448 intersection to Frankie's Road (#3-3246) intersection.
Municipalities/Rights-of-Way, Roads & Easements/Roads-County & State
Request for approval of voluntary right-of-way annexation to allow the City of Tavares to annex portions of Lane Park Cutoff Road, CR 448 and CR 561.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Assignment and Amendment of Agreement between Lake County, Florida Central Railroad Company, Inc., and Deer Island Community Development District. Fiscal impact of this agreement is $2,117.60 annually with increases every five (5) years, with the last increase being in 1996.
Accounts Allowed/Contracts, Leases & Agreements/Resolutions/Subdivisions
Roads-County & State
Request for approval of acceptance of final plat for Hunters Ridge Subdivision; approval and execution of Developer's Agreement for maintenance of improvements between Lake County and Hunter's Landing Corporation; acceptance of a cashier's check for maintenance, in the amount of $9,500; approval and execution of Resolution No. 1998-173 accepting Hunters Trace Lane (#2-2251) into the County Road Maintenance System; and acceptance of a conservation easement deed from Hunter's Landing, Inc. - subdivision consists of 16 lots in Commissioner District 2.
Accounts Allowed/Assessments/Roads-County & State
Request for approval and execution of Change Order No. 2 to Special Assessment Project No. SA-89 for Blue Wing Road, Blake Duck Road, Green Wing Road, Pin Tail Road, and Red Head Road for additional drainage work, in the amount of $12,954 from the Transportation Trust Fund - Commissioner District 4.
Accounts Allowed/Contracts, Leases & Agreements/Purchasing
Request for approval and execution of the First Amendment between Lake County and Laidlaw Environmental Services to extend the contract for hazardous waste management services through December 31, 1998 at the same pricing, terms, conditions and scope of work. Funds, in the amount of $50,000, will be from Landfill Enterprise, Solid Waste Disposal Operations, Contractual Services.
Request for approval and execution of the Fourth Amendment to extend the lease agreement for the Tavares Tag Agency located at the Tavares Square Shopping Center to encompass the period from January 1, 1999 through June 30, 1999. Rent would remain the same ($2,568.40 per month) for the six (6) month period for a total of $15,410.40. The Tavares Tag Agency would relocate effective July 1, 1999. Funds will be from General Fund, Constitutional Officers, Tax Collector.
Request for approval to establish Ameritech Library Services Division of Ameritech as the sole source contractor for the County Library System's library automation system, network and related maintenance.
Accounts Allowed/Contracts, Leases & Agreements/Solid Waste
Request for approval and execution of Agreement between Lake County and Sunrise ARC of Lake County, Inc. to furnish personnel to provide sorting services in the Recycling/IMPACT Center at an estimated one year cost of $89,036.81; subject to final review and approval by the County Attorney.
Commr. Cadwell expressed his appreciation to the Department of Solid Waste for their continued efforts with Sunrise ARC of Lake County, Inc.
PRESENTATION
RESOLUTIONS
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Proclamation No. 1998-174 proclaiming November 15, 1998 as Lake County Recycles Day in conjunction with Florida Recycles Day and America Recycles Day.
At this time, Commr. Gerber presented Proclamation No. 1998-174.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
At this time, Commr. Swartz presented the following awards and plaques, as Ms. Lourdes Ramos, Personnel Office, provided information on each individual:
Presentation of Plaques to Employees with Five Years of Service
Leonard Connell, Equipment Operator I, Public Works/Roads
Frank LaFleur, Deputy Chief, Emergency Services, Fire/Rescue
Presentation of Plaques to Employees with Ten Years of Service
Douglas Auriemma, Firefighter/EMT, Emergency Services, Fire/Rescue
Connie L. Nicholson, Personnel Specialist, Human Resources Personnel
Richard J. Miller, Sign/Striping Technician I, Public Works/Roads
Fletcher D. Smith, Senior Community Services Director, Community Services Administration
Robert J. Blackmon, Construction Inspection Supervisor, Public Works, Engineering
Presentation of Plaque to Employee with Fifteen Years of Service
Charles Holbrook, Landfill Attendant I, Solid Waste Management, Waste Management Facilities Operation
Presentation of Plaques to Retiring Employees
Charles Jack Bragg, Plans Examiner, Growth Management, Building Division - Fifteen Years and Five Months (Not Present)
Robert Klaassen, Laborer, Facilities and Capital Improvements, Fairgrounds - Eleven Years and Nine and One Half Months (Not Present)
Presentation of Plaque and Bond to "Employee of the Quarter" Fourth Quarter (July, August, September
John E. Kruse, Environmental Specialist II, Growth Management Services, Water Quality Services
PUBLIC HEARINGS
ORDINANCES/COURTS-JUDGES
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance, creating Section 9-7 of the Lake County Code imposing a Teen Court User Fee, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING SECTION 9-7 OF THE LAKE COUNTY CODE; IMPOSING A TEEN COURT USER FEE TO BE PAID BY THE PARTY OR PARTIES INSTITUTING ANY PROCEEDING IN TEEN COURT; PROVIDING THAT SUCH FUNDS SHALL BE COLLECTED BY THE CLERK OF THE COURTS AND SHALL BE USED EXCLUSIVELY TO OPERATE AND ADMINISTER THE COUNTY'S TEEN COURT PROGRAM; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff noted a change on Page 3, Line 4-9, which allows the Teen Court Coordinator to waive the user fee if said fee was found to cause an undue hardship on the party or parties; and a change on Line 16, which states that the Clerk shall, by October 30 annually, in a written report to the Board of County Commissioners, account for all funds that have been deposited into the designated account by September 30 of that year. Mr. Minkoff noted that, in criminal cases, the indigent guidelines that have been adopted by the state courts and imposed by administrative order were 200% of the federal poverty levels.
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. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1998-86 creating Section 9-7 of the Lake County Code imposing a teen court user fee, as read on its final reading, by title only.
ORDINANCES/COMMITTEES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, amending Lake County Code Section 13-48, membership requirements of the Lake County Tourist Development Council, 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 13-48; AMENDING THE MEMBERSHIP REQUIREMENTS OF THE LAKE COUNTY TOURIST DEVELOPMENT COUNCIL; PROVIDING FOR LIMITATIONS ON MEMBER TERMS; PROVIDING FOR QUORUM REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
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. Gerber and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1998-87 amending Lake County Code Section 13-48, membership requirements of the Lake County Tourist Development Council, as read on its final reading, by title only.
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
ACCOUNTS ALLOWED/COUNTY EMPLOYEES/PERSONNEL
Ms. Sue Whittle, County Manager, noted that this request was the same as the request for approval for the addition of one part-time position and associated operating and capital to implement and monitor the County parking plan under Addendum No. 1, Item I.A., due to additional information being submitted to the Board which was not included in the initial agenda item.
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board and noted that the dollar amounts under the above noted request, and the request under Tab 21 were not correct and that the actual cost was estimated at $9,000 for the addition of the position of Parking Courtesy Monitor. He explained that part of the recommendation outlined within the proposed Parking Management Study was that the County enforce the parking restrictions in designated off street parking areas using a parking monitor, and it was suggested that this position be a County volunteer or, if necessary, a full time position to staff said position. He stated that Personnel has been unable to find volunteers to man this position, and it was the recommendation of staff to man the position of Parking Courtesy Monitor with a part time employee and to purchase a battery operated utility vehicle to be used for transportation while monitoring the County Parking Plan.
Commr. Swartz stated that the City of Tavares was insistent that the County police the County Parking Plan to assure that employees were not parking on the street.
Commr. Hanson expressed concern with the additional $9,000 yearly cost for the position of Parking Courtesy Monitor and questioned if staff has looked at where the County would be in five years if said funding were put into the purchase of additional parking spaces.
Commr. Swartz stated that the actual personal services in the proposal before the Board at this time was approximately $7,500 and that the additional $1,500 was for capital.
Mr. Anderson noted that, on a previous Board action, there was a footnote that indicated that contingency funds would need to be transferred to the Department of Facilities and Capital Improvements budget to fund this position. He stated that this request was not included in the budget at time of submittal.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the request for approval of the addition of the part time position of Parking Courtesy Monitor in the Office of Facilities and Capital Improvements to implement and monitor the County Parking Plan, for an estimated fiscal impact in the amount of $7,363.
Commr. Swartz stated that he does not support the request to purchase an electric utility vehicle, noting that there was no reason why the Parking Courtesy Monitor could not walk the route. Discussion occurred regarding the request to purchase an electric utility vehicle.
Ms. Whittle stated that the Parking Courtesy Monitor would be monitoring the entire Tavares campus and that there would be a need for the utility vehicle during the warm months of July and August.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried by a 4 - 1 vote, the Board denied the request for approval to purchase an electric utility vehicle for the position of Parking Courtesy Monitor.
Commr. Gerber voted in opposition.
ACCOUNTS ALLOWED/LANDFILL/GRANTS
Mr. Jim Stivender, Senior Director, Department of Public Works, appeared before the Board and explained that this request was an effort between the Department of Growth Management, Department of Solid Waste and the Department of Public Works to seek a grant to apply for eligibility into the state funded Petroleum Cleanup Participation Program for the Lake County Sheriff's Office-Eustis and Public Works Refueling Facility at the Astatula Landfill. He explained that monitoring wells at the Astatula Landfill indicated that there were by products from petroleum and testing has indicated that there was petroleum in the ground. He stated that the grant would provide some necessary funds to facilitate in the cleanup effort.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the request for approval and execution of Affidavit to apply for eligibility into the state funded Petroleum Cleanup Participation Program for the two impacted facilities, Lake County Sheriff's Office-Eustis and Public Works Refueling Facility at the Astatula Landfill, owned by Lake County. The state will provide up to 75% of the cost of rehabilitation assistance per facility not to exceed $300,000; and the fiscal impact for Lake County was in the amount of $400,000.
In response to a question by Commr. Gerber, Mr. Stivender stated that funds would be from the gas tax. Commr. Swartz suggested that a portion of the funding be shared with the larger departments that use fuel from the facilities such as the Department of Solid Waste.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Mr. Dave Warren, Tourist Development Council, appeared before the Board to present this request.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved to recommend to the Central Florida Sports Authority for appointment consideration to the vacant Lake County position on the Central Florida Sports Authority Board of Directors the following list of individuals: Fred Sommer, Dr. James Michael Ray, and Gregory L. Nelson.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried by a 4 - 1 vote, the Board approved to include Ann Dupee in the list of individuals to be recommended to the Central Florida Sports Authority for appointment consideration to the vacant Lake County position on the Central Florida Sports Authority Board of Directors.
Commr. Good voted in opposition.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ASSESSMENTS/FIRE PROTECTION
Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, appeared before the Board to present the request for approval for the imposition of a transitional assessment for fire services for the period of October 1, 1998 through September 30, 1999 and explained that the purpose of this request was to address a letter from Government Services Group, Inc. (GSG), dated October 26, 1998. She stated that, on September 9, 1998, Government Services Group, on behalf of the County, provided the Tax Collector with the County's fire rescue assessment file; however, since that time, various properties have been identified which were not included in that assessment roll, and should have been, due to errors by GSG. In addition, corrections to certain properties resulted in an increase from the amount originally provided in the first class notice, and properties that were improved between September 15, 1998, the date of the certification, and December 31, 1998 should be included in the assessment role. She stated that GSG has offered to assist staff in developing a plan to correct the certified fire assessment role and provide for an interim assessment at no charge. She stated that a notice would be sent to the property owners in December 1998 and that a public hearing would be held in January 1999. She explained that the request before the Board, at this time, was to accept the offer from Government Services Group, Inc. to correct the certified fire assessment role and provide for an interim assessment for fire services for the period October 1, 1998 through September 30, 1999; and to authorize staff to work with GSG to implement the process. She stated that there were approximately 100 parcels omitted that should have been noticed and explained that there are those properties between September 15, 1998 and December 31, 1998 that would have to be noticed.
Mr. Sandy Minkoff, County Attorney, stated that currently the Lake County Code requires that the County pick up properties for the fire assessment at the time of permitting although there has been discussion to modify that requirement to when the Certificate of Occupancy is issued. He stated that beginning in January 1999 all new units would be picked up as they occur.
Commr. Gerber stated that she does not support this request because the County's consultant has made a mistake, and it was not fair for the County to try to rectify the error. She stated that GSG should absorb the cost of incorporating this into the final roll, noting that the lost revenue for this year was $187,000 due to the error. She stated that she does not want to go through another public hearing on the fire assessment.
Commr. Cadwell stated that most people that feel they have a responsibility to pay for fire protection will want to pay. He stated that the County should go through the public hearing process to assure that those individuals omitted from the assessment roll receive the same voice as those who had the opportunity of the public hearing process.
Commr. Good stated that he was in opposition to this request because it places an undue burden on the fixed income person, on the starter families, single mothers, and those persons who are struggling with the cost of living, which would be the same situation for rental. He stated that he opposes the structured based tax and, to be consistent with his previous votes and to continue to support the ad valorem assessment, he would oppose this action.
Commr. Cadwell stated that the majority of the Board agreed that this was the way that the County was going to assess the fire service, a mistake has been made, and the error will cost the fire service $187,000 that will not go toward firefighters, equipment, and the things that the County need to be doing to provide fire service for Lake County.
Commr. Swartz stated that the issue was that a system has gone in place, a high percentage of individuals have been billed for fire service, and those that have been omitted from the fire assessment need to be billed in order to insure that everyone was fairly and appropriately billed.
Commr. Hanson stated that she would support this request because the assessment was not configured in the right way, and it was only fair to the majority of the people of Lake County who are paying that everyone be treated equally.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the request for approval to accept the offer from Government Services Group, Inc. (GSG) to correct the certified fire assessment roll and provide for an interim assessment for fire services for the period October 1, 1998 through September 30, 1999; and to authorize staff to work with GSG to implement the process.
Commr. Swartz confirmed that staff would bring back to the Board the specific actions that will be required in order to accomplish this request.
Commr. Hanson stated that, as a point of clarification, she does not approve of the fire assessment; however, she does believe that the fire assessment should be fair and equitable.
The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Gerber and Commr. Good voted in opposition.
OTHER BUSINESS (C0NTINUED)
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Joe W. Shipes as a representative of Commission District 5 on the Lake County Citizen Transportation Advisory Committee. Term will expire when a Metropolitan Planning Organization (MPO) is created for Lake County.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Thomas S. Reid as a representative of the category of special interest in the environment on the Lake County Citizen Transportation Advisory Committee. Term will expire when a Metropolitan Planning Organization (MPO) is created for Lake County.
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the appointment of David W. Jordan as a representative of Commission District 1 on the Lake County Citizen Transportation Advisory Committee. Term will expire when a Metropolitan Planning Organization (MPO) is created for Lake County.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Peter Carrozza on the Lake County Bicycle/Pedestrian Advisory Committee. Term will expire on March 2, 1999.
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 request for approval and execution of Resolution No. 1998-175 to appoint Karin Bernard as a representative from the category of owner/operator collecting resort tax on the Tourist Development Council to complete a terming ending December 11, 1998 and to fill a four year term ending December 1, 2002.
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 appointments of Hal Turvill and Ed Miles as representatives of Lake County League of Cities on the County-side Solid Waste Study Committee to complete terms ending June 30 1999.
REPORTS
COUNTY ATTORNEY
ORDINANCES
Mr. Sandy Minkoff , County Attorney, 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 request for approval to advertise an ordinance amending the Lake County Land Development Regulations Chapter XIII, 13.03.02 to limit member absences from Board of Adjustment meetings and to delete requirement of three (3) concurring votes.
CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES
Mr. Sandy Minkoff, County Attorney, presented the request for approval of agreements between Lake County and Mary Ann Plecas and Scott Wynn for legal representation of indigent parents in dependency and termination cases, and explained that the agreements have been negotiated to commence on October 1, 1998. He explained that Lake County will receive from the State of Florida $46,000 this year for the program, and the total contract amount for Ms. Plecas and Mr. Wynn would be $56,000 this year.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Agreements between Lake County and Mary Ann Plecas and Scott Wynn for legal representation of indigent parents in dependency and termination cases.
COUNTY MANAGER
BONDS
Ms. Sue Whittle, County Manager, presented the request for approval of restructuring of the Certificates of Indebtedness Revenue Bonds, 1971 (Racetrack Bonds), and explained that the Board requested that staff bring forward possibilities on restructuring of the 1971 Racetrack Bonds at the Board Fiscal Retreat. She stated that the discussions were to consider using the revenue on programs involving Rails to Trails, and/or Parks. She stated that Mr. Mitch Owens, Senior Vice President, William R. Hough & Company, was present at the meeting today to discuss some of the possibilities on restructuring of the bonds and explained that market conditions were excellent and very favorable for the County to look at a restructuring at this time.
Mr. Mitch Owen, Senior Vice President, William R. Hough & Company, appeared before the Board and introduced Mr. Steve Prescott, Financial Advisor to Lake County. At this time, Mr. Prescott distributed a booklet which provides a simple explanation of the restructuring being discussed at this time. Mr. Owens stated that, in February 1971, Lake County issued certificates of indebtedness in the amount of $2,000,000, and the security for the certificates was a pledge of the portion of the race track funds and jai alai fronton funds accruing annually to Lake County. He stated that the certificates have a final maturity of February 1, 2001 with an interest rate at 6.50%. He stated that the purpose of the presentation today was to show Lake County the capability, under a number of different scenarios, to tie up the funds for another 15 to 30 years as well as being able to determine the size of the new money influx or project funds that will be available to Lake County. He stated that four (4) financial analyses have been prepared which reflect various maturities, debt service coverage, and maximum annual debt service and noted that the project proceeds generated range from approximately $1,905,000 to $3,860,000. He explained that the determination as to how much the County receives are based on the maturity of the bonds, the debt service coverage, and the maximum annual debt service and that the Board will need to determine how much the County wants to utilize in paying for annual debt service. Mr. Owens addressed the continued viability of the pari-mutuel activities and explained that, from a fiscal standpoint, once those revenues are tied up from the state, the state would be guaranteeing to provide those revenues in the event that the pari-mutual revenue funds from race track or jai alai decreased.
Ms. Barbara Lehman, Chief Deputy Clerk, Office of Finance, explained that the total amount of revenue was approximately $446,000, and through a special act passed in 1971, the County receives $297,000, and the School Board receives the remainder of the revenue.
Discussion occurred in regard to the following financing scenarios and the parameters of the options:
Option 1 Option 2 Option 3 Option 4
Maturity 30 years 25 years 30 years 25 years
Debt Service Coverage 1.5 1.5 1.25 1.25
Maximum Annual $150,000 $150,000 $297,000 $297,000
Debt Service
Commr. Hanson stated that she was in support of designating the revenue to the Rails to Trails Program within the Parks system.
Mr. Owens stated that direction is required from the Board before Hough & Company can move forward with the restructuring of the bonds, and the desire was to move forward as quickly as possible because of the favorable interest environment. He stated that the Board needs to determine the length of time and how much the County wishes to pledge as a revenue source.
In response to a questions presented by Commr. Good, Ms. Whittle explained that Option 3 and Option 4 would net a loss to the General Fund of approximately $71,000, and that Option 2 would net a loss to the General Fund of approximately $185,000.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the request for approval of restructuring of Certificates of Indebtedness Revenue Bonds, 1971 (Racetrack Bonds); and authorization to move forward with Option 3 for 30 years with a Maximum Annual Debt Service in the amount of $297,000.
Commr. Good stated that he was not prepared to move forward with the restructuring of Certificates of Indebtedness Revenue Bonds, under Option No. 3, at this time. He stated that he would like to see the Board bond a smaller amount and have more revenue in the General Fund.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Good voted in opposition.
Mr. Owens directed the Board's attention to Tab 4, Issues, and explained that three methods in which to issue debt were competitive, negotiated and bank placement. He discussed each method of sale, and stated that their initial recommendation, based on volatility, size of the issue and the uniqueness of the transaction, would be that the negotiated method of sale would better serve Lake County.
Ms. Lehman stated that she would agree with the recommendation to use the negotiated method of sale to allow flexibility and better market timing ability; at which time Ms. Whittle stated that she would agree with the recommendation to use the negotiated method of sale due to the size of the issue and the ability to negotiate the transaction.
Mr. Owens suggested that a RFP (Request for Proposal) be prepared for underwriting firms that are active in buying and selling this type of transaction and, once those proposals are received, Hough & Company will evaluate the proposals with the Clerk and County staff, and bring back a recommendation to the Board. He stated that, once the underwriting firm was hired, they would seek the firm's input into the structure as well as the documentation.
It was the consensus of the Board to direct County staff, William H. Hough & Company and the Clerk to move forward with negotiating and preparing for issuance of the Certificates of Indebtedness Revenue Bonds.
MEETINGS
Ms. Sue Whittle, County Manager, brought up for discussion the November and December meeting schedules. It was the decision of the Board that the November Board meetings would remain as scheduled and that the December Board meetings would be as follows:
December 1, 1998 Regular Meeting
December 4, 1998 Board Advance
December 15, 1998 Regular and Zoning Meeting
ADDENDUM NO. 1
REPORTS
COUNTY ATTORNEY
ORDINANCES
Mr. Sandy Minkoff, County Attorney, presented this request.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved to advertise an Ordinance re-enacting Ordinance No. 1997-76 providing for waiver and deferral of impact fees for day care centers.
COUNTY MANAGER
COMMISSIONERS/LEGISLATURE
Mr. Fletcher Smith, Senior Director, Department of Community Services; and Ms. Emily Lee, Children's Services Coordinator, appeared before the Board to present amended Position No. 3 as submitted by the Lake County Citizens' Commission for Children which was requested by the Board on October 6, 1998.
Mr. Alvin Jackson, Deputy County Manager, appeared before the Board and explained that, on October 30, 1998, he reviewed the entire 1998 Legislative Package with the Legislative Delegation to determine if the positions would have to be in bill form, and it was determined that the positions do not have to be presented in bill form.
Commr. Swartz expressed concern that the Palatlakaha Environmental Agricultural Report (PEAR) project was not addressed in the Legislative Package and suggested that this issue be brought up for discussion.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved to put on the agenda at this time discussion on amending the Legislative Package to include the Palatlakaha Environmental Agricultural Report (PEAR) project.
It was the consensus of the Board to direct staff to prepare an agenda item for discussion on amending the Legislative Package to include the PEAR project, and to bring back this issue to the Board on November 17, 1998.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the amended Position No. 3 of the 1998 Legislative Package as submitted by Lake County Citizens' Commission for Children requesting that the Florida Legislature provide financial incentives to counties to encourage the development of Children's Services Councils.
REPORTS (CONTINUED)
COMMISSIONER SWARTZ - CHAIRMAN AND DISTRICT NO. 3
Commr. Swartz informed the Board that there would be a dedication and acceptance of the Desert Storm Monument on November 11, 1998 at 1:30 p.m., at the intersection of Sinclair Street and Main Street, Tavares, Florida.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:00 p.m.
__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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