The Lake County Board of County Commissioners met in regular session on Tuesday, May 4, 1999, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chairman; G. Richard Swartz, Jr.; Rhonda H. Gerber; and Robert A. Pool. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
The Chairman noted that there was a published Addendum No. 1 to the Agenda.
Ms. Sue Whittle, County Manager, informed the Board that she would like to add to the Agenda, under her County Manager's Business, an item concerning impact fee payments by Circuit City, which she noted would be covered under an Addendum No. 2 to the Agenda and would require Board action.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to add Addendum No. 1 and Addendum No. 2 to the Agenda.
COMMISSIONERS/MISCELLANEOUS
The Chairman presented each of the Commissioners with an apron, on behalf of the cooks that participated in the Camp Challenge Hog Roast that was held recently to raise funds for the Easter Seal Society, in appreciation of their efforts toward said cause.
MINUTES
Regarding the Minutes of April 6, 1999, the following was requested:
On Page 19, Line 10, change Dr. to Mr.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 6, 1999 (Regular Meeting), as presented.
Regarding the Minutes of April 13, 1999, the following was requested:
On Page 9, Line 21, add the following language: It was the consensus of the Board to ask staff to review the Library System and bring a proposal back to the Board at a later date.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of April 13, 1999 (Regular Meeting), as amended.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Bonds - Contractor
Request for approval of Contractor Bonds - New, as follows:
NEW
4703-99 Matthew Overholt (Masonry)
4804-99 James F. Chaffee d/b/a D & J Electric Company, Inc.
5202-99 Richard J. Thomas (Plumbing)
5692-99 Timothy J. Fox d/b/a Fox Building Contractors, Inc.
5693-99 Matthew Reisman d/b/a Reisman Construction, Inc.
5694-99 Marilyn J. Sandholm (General)
5695-99 Timothy Johnson d/b/a RTD Industries
5696-99 Bun Long Ly d/b/a United World Electric
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions and Releases of Fines, as follows:
Release of Fine for Michael and Michelle Coury, in the amount of $3,000.00, dated September 15, 1998, recorded in Official Records Book 1651, Pages 1085 and 1086. Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
Release of Fine for Johnie Berry, Jr. and Ava J. Berry, in the amount of $2,200.00, dated August 19, 1998, recorded in Official Records Book 1637, Pages 805 and 806. Judgment-Creditor hereby acknowledges release of said Judgment and directs that said Judgment be canceled of record.
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.
Audits/Education/Reports/State Agencies
Request to acknowledge receipt of State of Florida Auditor General Report No. 13427, Audit of the Lake County District School Board for Fiscal Year Ended June 30,1998.
Accounts Allowed/Courts-Judges
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending March 31, 1999, in the amount of $203,355.15. Same period, last year: $157,973.99.
Reports/State Agencies/Water Authority
Request to acknowledge receipt of Lake County Water Authority's Special District Public Facilities Report for the Oklawaha Basin Recreation and Water Conservation and Control Authority, as required by Florida Statute 189.415.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:
Ordinances passed and ordained by the Town Commission of the Town of Lady Lake, on February 1, 1999, as follows:
Town of Lady Lake Ordinance No. 99-15
Town of Lady Lake Ordinance No. 98-16
Town of Lady Lake Ordinance No. 98-17
Town of Lady Lake Ordinance No. 98-18
Town of Lady Lake Ordinance No. 99-01
Town of Lady Lake Ordinance No. 99-02
Ordinances passed and ordained by the Town Commission of the Town of Lady Lake, on March 1, 1999, as follows:
Town of Lady Lake Ordinance No. 99-03
Town of Lady Lake Ordinance No. 99-04
Town of Lady Lake Ordinance No. 99-05
Town of Lady Lake Ordinance No. 99-06
Town of Lady Lake Ordinance No. 99-07
Town of Lady Lake Ordinance No. 99-08
Town of Lady Lake Ordinance No. 99-09
Town of Lady Lake Ordinance No. 99-10
Town of Lady Lake Ordinance No. 99-11
Municipalities/Resolutions
Request to acknowledge receipt of Notice of Public Hearings from the City of Tavares, as follows:
Notice is hereby given that the City of Tavares will consider at the public hearings set forth below enactment of proposed Resolution 99-02 and Resolution 99-03, titled as follows:
RESOLUTION 99-02
A Resolution granting a special use permit for the property located on the southeast corner of Lakeshore Boulevard and SR 19, west of Barrow Avenue and north of Ianthe Street, to permit a house of worship and associated uses; subject to the rules, regulations and obligations ordained by the City of Tavares Council; providing for an effective date.
Said Resolution will be considered at the following public meetings:
Planning and Zoning Board Meeting, on May 6, 1999, at 3:00 p.m.
Tavares City Council Meeting, on May 19, 1999, at 5:00 p.m.
Tavares City Council Meeting, on June 2, 1999, at 5:00 p.m.
RESOLUTION 99-03
A Resolution vacating a portion of the right-of-way of Pulsifer Avenue between Ianthe Street and Esther Street, a portion of Esther Street between Pulsifer Avenue and Barrow Avenue, and the alley within Block 49, in the City of Tavares; subject to the rules, regulations and obligations ordained by the City of Tavares Council; providing for an effective date.
Said Resolution will be considered at the following public meeting:
Tavares City Council Meeting, on May 19, 1999, at 5:00 p.m.
The public meetings will be located in the Tavares City Council Chambers, at City Hall, at 201 East Main Street, Tavares, Florida.
Florida Public Service Commission/Utilities
Request to acknowledge receipt of Notice from the Florida Public Service Commission, in regard to: Application for rate increase and for increase in service availability charges in Lake County, by Lake Utility Services, Inc.; Docket No. 960444-WU, Order No. PSC-99-0635-FOF-WU; Order Approving Settlement Agreement, Approving Final Rates and Charges and Requiring Refund of Interim Rates, and Notice of Proposed Agency Action Order Approving Meter Installation Charges. Notice is hereby given that the action regarding approval of meter installation charges is preliminary in nature and will become final, unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule25-22.029, Florida Administrative Code.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Contracts, Leases and Agreements/Funds
Facilities and Capital Improvements/Municipalities
Request from Facilities and Capital Improvements for approval for the Chairman to execute an agreement with the Town of Howey-in-the-Hills, relative to the contribution of Boating Improvement Funds, for boating related facilities, in the amount of $25,000.00.
Accounts Allowed/Contracts, Leases and Agreements
Facilities and Capital Improvements/Municipalities
Request from Facilities and Capital Improvements for approval to execute a contract and all necessary closing documents to purchase property in Altoona, relating to McTureous Memorial Park, at a cost of $43,000.00.
County Property/Facilities and Capital Improvements
Request from Facilities and Capital Improvements for approval to name a county park that is located on State Highway 44 and Forest Ridge Road as Pine Forest Recreational Park.
Accounts Allowed/Committees/Facilities and Capital Improvements/Grants
Request from Facilities and Capital Improvements for approval of the thirteen (13) Capital Improvement Grant Projects selected by the Parks and Recreation Advisory Board, for funding FY 1999/2000, in the amount of $220,000.00.
Accounts Allowed/Budgets/County Property/Fiscal and Administrative Services/Funds
Roads-County and State
Request from Fiscal and Administrative Services - Budget, for approval of transfer of funds, in the amount of $297,867.00, from Christopher C. Ford Central Park, Facilities and Capital Improvements, Construction in Progress, to Roads. Funds for road construction were budgeted inadvertently in another object code.
Accounts Allowed/Budgets/Fiscal and Administrative Services/Grants
Emergency Services/Resolutions/Sheriff
Request from Fiscal and Administrative Services - Budget, for approval of the following:
Request for approval of request from the Sheriff for reimbursement from the Law Enforcement Trust Fund, to pay a confidential informant, in an amount that exceeds the County Manager's approval limit of $25,000.00. The total payment is $27,698.20.
Request for approval of transfer of funds from Fire Contingency to the County Fire Control Fund, Emergency Services, Machinery and Equipment, in the amount of $40,000.00, for a new fire incident reporting system. The old system is a DOS-based program lacking technical support, due to the company going out of business. The request includes software that will assist in maintaining department records on personnel, training, and equipment.
Request for approval of transfer of funds from Fire Contingency to the County Fire Control Fund, Emergency Services, Machinery and Equipment, in the amount of $60,000.00, for two replacement brush-fire trucks.
Request for approval of Resolution No. 1999-79, to receive unanticipated revenue, in the amount of $2,500.00, from an advertising matching grant administered by Visit Florida. (This Resolution is contingent upon approval of acceptance of grant listed in Tab 20.)
Computer Services/Fiscal and Administrative Services/County Policy
Request from Fiscal and Administrative Services - Computer Services, for approval of the Lake County Board of County Commissioners Internet Policy.
Accounts Allowed/Fiscal and Administrative Services/Procurement Services/Solid Waste
Request from Fiscal and Administrative Services - Procurement Services, for approval of Moore Business Communications Services as the sole source supplier to provide Solid Waste notices, regarding a September 7, 1999 hearing on the solid waste collection and disposal system; and authorization of an expenditure of $30,000.00 to Moore and $19,800.00 to the Postmaster, to cover the mailing expense. Both dollar figures are dependent upon the actual number of notices mailed. It is currently estimated that 60,000 notices will be mailed.
The services to be supplied by Moore Business Communication Services are proprietary to Moore and include complete imaging of variable data, composition, verification, presorting, and distribution of the notices. Funding for this project will be from Solid Waste - Communications and Freight, in the amount of $19,980.00, and Solid Waste - Printing and Binding, in the amount of $30,000.00.
Contracts, Leases and Agreements/Growth Management
Request from Growth Management for approval to expedite Amendment No. 2 to the Florida Department of Environmental Protection Tanks Contract GC514.
Code Enforcement/Growth Management/Resolutions
Request from Growth Management for approval of Proclamation No. 1999-80, declaring the week of June 21-25, 1999, as Code Enforcement Officers' Appreciation Week.
County Employees/Personnel
Request from Personnel for approval and execution of Certificates for employees with one and three years of service to the County.
Deeds/Public Works
Request from Public Works for acceptance of the following:
Corrective Statutory Warranty Deed
Race, Gary Roger and Tammera Marie
Laws Road (2-0528)
Road Project
Drainage Easement Deed
Aldridge, Robert M. and Connie
Lakeshore Drive (3-3128)
Drainage Project
Statutory Warranty Deed
Austin, Linda T., Ind./Tr.
Church Street (5-7265)
Road Project
Austin, Linda T., Ind./Tr.
Church Street (5-7265)
Road Project
Austin, Linda T., Ind./Tr.
Church Street (5-7265)
Road Project
Austin, Linda T., Ind./Tr.
Church Street (5-7265)
Mills Street (5-7264)
Road Project
Austin, Linda T., Ind./Tr.
Mills Street (5-7264)
Road Project
Porter III, Frank L.
County Line Road (5-8161)
Road Project
Porter III, Frank L.
County Line Road (5-8161)
Keene Road (5-8165)
Road Project
Porter III, Frank L.
Keene Road (5-8165)
County Line Road (5-8161)
Road Project
Phurrough, Larry T. and Sherry H.
Keene Road (5-8165)
Road Project
Public Works/Resolutions/Roads-County and State/Municipalities/Signs
Request from Public Works for approval of Resolution No. 1999-81, authorizing the posting of 25 mph speed limit signs, in the Clermont area, for the following roads:
Marseilles Boulevard (2-0936C)
Versailles Boulevard (2-0936B)
Park Promenade Way (2-0937A)
Reagan's Run Drive (2-0840B)
Kathleen Court (2-0740A)
Constance Way (2-0739A)
Grand Bay Boulevard (2-0639A)
Meadow Crest Lane (2-0639E)
Grand Hills Boulevard (2-0639G)
White Sand Court (2-0639D)
Center Pointe Court (2-0639B)
Sandy View Court (2-0639C)
Water Ridge Lane (2-0639H)
Summer Breeze Court (2-0639F)
Lazy Oak Court (2-0639I)
Water Meadow Court (2-0640B)
Louisa Woods Court (2-0641)
Siena Drive (2-0840C)
Crescendo Loop (2-0840D)
Aria Court (2-0840E)
Caruso Drive (2-0840F)
Public Works/Subdivisions
Request from Public Works for authorization to accept the final plat for Carrol George Estates, located in Sections 4, 5, 8, and 9, Township 19 South, Range 25 East - Plat consists of 8 lots - Commissioner Districts 1 and 5.
Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works/Resolutions
Subdivisions
Request from Public Works for authorization to accept a Maintenance Bond, in the amount of $17,813.00, for Greater Groves Subdivision, Phases 7 and 8; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and The Greater Construction Company; release a Letter of Credit, for Performance, in the amount of $150,662.00; and execute Resolution No. 1999-82, accepting the following roads into the County Road Maintenance System: Mercott Court "Part" (2-0158G) and Seedling Court (2-0159L) from Phase 7, and Pekoe Court (2-0159L) and Citron Court (2-0159M) from Phase 8. Phase 7 consists of 30 lots and Phase 8 consists of 40 lots - Commissioner District 2.
Accounts Allowed/Bonds/Contracts, Leases and Agreements/Public Works/Subdivisions
Resolutions
Request from Public Works for authorization to accept a Maintenance Bond, in the amount of $52,539.00,forGreater Pines Subdivision, Phase 5; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and The Greater Construction Company; accept a Performance Bond, in the amount of $42,350.00, for sodding around the retention area; execute a Developer's Agreement, for Construction of Improvements, between Lake County and The Greater Construction Company; release a Letter of Credit, for Performance, in the amount of $574,684.29; and execute Resolution No. 1999-83, accepting the following roads into the County Road Maintenance System: Pine Cone Trail "Part"(2-1153C), Pine Arbor Drive "Part" (2-1153G), and Piney Woods Way (2-1153F) - Subdivision consists of 49 lots - Commissioner District 2.
Accounts Allowed/Contracts, Leases and Agreements/Tourism
Request from Tourism for approval and signature on First Amendment to Agreement between Lake County and Cramer-Krasselt for Tourist Development Advertising Services, for a two-year period, in the approximate amount of $361,120.00.
Accounts Allowed/Grants/Tourism
Request from Tourism for approval to accept a matching grant, in the amount of $2,500.00, from Visit Florida, to be used to produce a rack card to distribute at State Welcome Centers.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
COUNTY EMPLOYEES/PERSONNEL
The Chairman presented Employee Awards, as follows:
Plaque to Employee with Five Years of Service
Kenneth Scheitler, Building Inspector II, Growth Management/Building
Plaque to Employee with Ten Years of Service
Walter D. Wood, Staff Geologist, Growth Management/Water Resources
Plaque to Employee with Fifteen Years of Service
Susan J. Nies, Senior Probation Clerk, Community Services/Probation (Not Present)
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
RESOLUTIONS
Ms. Margo Odom, Public Affairs Manager, Sprint, was presented with a Proclamation declaring 1999 as Sprint's 100th Anniversary Year and recognizing the contributions that Sprint has made to the telecommunications industry, to the communities it serves, and to its customers.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
RESOLUTIONS
Ms. Linda Rozar, Lake County's National Day of Prayer Coordinator, was presented with a Proclamation recognizing May 6, 1999, as a National Day of Prayer in Lake County.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
STATE AGENCIES/MISCELLANEOUS
Mr. Don Braksick, a member of the State Task Force on the Abandonment and Neglect of Cemeteries, addressed the Board and gave an update on the issue of abandoned and neglected cemeteries in Lake County, at which time he displayed pictures of various cemeteries in the County, indicating the condition of same, and provided the Board with a handout, for their perusal, containing a report on the issue of abandoned and neglected cemeteries in the County. He noted that the number of neglected cemeteries in Lake County is coming down and feels that it could be as low as 15% by next year.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES AND AGREEMENTS/EMERGENCY SERVICES REPORTS/STATE AGENCIES
Ms. Karen Jones, Emergency Management Director, addressed the Board and explained this request, stating that the agreement before the Board was a typical agreement from the State that the County has to sign for grant recording, which outlines the State's recording requirements. She stated that said agreement is for last year's fire suppression and Category B fires. She noted that, when the County receives its reimbursement for the Category B fires, it will have collected in excess of $145,000.00.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Emergency Services for approval of a Disaster Relief Funding Agreement between Lake County and the Department of Community Affairs, to provide funds for eligible fire suppression disaster relief activities specifically described in approved Damage Survey Reports for 1998.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
EDUCATION/FACILITIES AND CAPITAL IMPROVEMENTS
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request, stating that it was a request to approve an agreement with the Lake County School Board, to provide a Pilot Middle School Summer Enrichment Program, with transportation.
Mr. Jim Myers, League of Cities' Representative and Chairman of the Lake County Parks and Recreation Advisory Board, addressed the Board stating that the program in question is a spin-off of a pilot program that was begun in January of 1998 - an after school program that was held at Groveland, Tavares, and Eustis Middle Schools. He stated that the change in school hours did not make the program feasible; therefore, it was not continued this year, even though there were monies budgeted. He stated that the Parks and Recreation Advisory Board has been working with Ms. Judy Borders, Lake County School Board, trying to refine the Pilot Middle School Summer Enrichment Program and are looking at providing it at Grey and Umatilla Middle Schools. He stated that they hope to continue what they were trying to accomplish, which is to encourage participation with at-risk children, during the summer.
Ms. Judy Borders, Community Education Dean, Lake County School Board, addressed the Board stating that the School Board plans for the program to have science and technology exploration stations, where they will be offering hands on curriculum, environmental awareness, character development, conflict resolution, prevention strategies, parenting skills, and education and involvement. She stated that they want to involve parents in the activities, therefore, will be doing career counseling and preparation and recreational activities. She stated that they will be using the Media Center to provide transportation to the two sites. She stated that, even though the program is going to be at Grey and Umatilla Middle Schools, they are hoping to pull from all areas of the County. She informed the Board that the School Board applied for the 21st Century Community Learning Centers Grant last year and came very close to getting it; however, they have been notified that this year they will be funded $363,479.00 per year, for three years, for Grey Middle School, Mt. Dora Middle School, and Mascotte Elementary School. She stated that said schools will be turned into community learning centers, therefore, with the funding that they will receive for the proposed program, particularly at Grey Middle School, they can go right into the school year with the 21st Century Community Learning Centers Grant funds.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval to execute an agreement between Lake County and the Lake County School Board, for a Pilot Middle School Summer Enrichment Program, with transportation, in the amount of $65,200.00.
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS/GRANTS
Mr. Jim Myers, League of Cities' Representative and Chairman of the Lake County Parks and Recreation Advisory Board, addressed the Board stating that this request was the second phase of the prior request. He stated that the Lake County Parks and Recreation Advisory Board hopes, through this program, to provide funding and encourage those cities and agencies that serve middle school age students to begin providing some type of program for them, especially the at-risk children. He noted that the distribution of money to said cities and agencies was originally based on the number of participants; however, the Parks and Recreation Advisory Board would like to change that to not only the number of participants, but the number of weeks that they participate, as well, to encourage the cities and agencies to have the children present as much as possible and not just be enrolling them. He stated that they feel that is an important component of this program.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Facilities and Capital Improvements for approval of the Lake County Pilot Middle School Summer Assistance Grant Program, in the amount of $34,800.00.
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS/FUNDS
STATE AGENCIES
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, addressed the Board and explained this request stating that it was a request from the Florida Game and Fresh Water Fish Commission to use $25,000.00 of Fish Conservation Fund monies to fund part of the drawdown cost of Lake Griffin. He stated that Mr. John Benton, with the Florida Game and Fresh Water Fish Commission, discussed some of the problems that they would encounter with the proposed Lake Griffin drawdown, one being the fact that the irrigation for Harbor Hills Golf Course comes out of Lake Griffin and they will be unable to access the water, because the intake structure for their irrigation system is approximately one-quarter mile off the shoreline and it will be high and dry after the drawdown. He stated that it will cost $116,000.00 to install a well and pump station. He stated that the St. Johns River Water Management District and Harbor Hills have pledged $25,000.00 each toward the project and the Florida Game and Fresh Water Fish Commission is requesting $25,000.00 from Lake County and will pledge the remaining balance of $41,000.00.
Commr. Gerber informed the Board that she had discussed the issue of the drawdown with Representative Everett Kelly and noted that he would like to facilitate some meetings, during the summer, with all the parties involved and discuss the issue a little more, before the Board acts on it.
Commr. Cadwell stated that he had some concerns about it, because he did not want the Board to get caught up in the argument, however, feels that, if the Florida Game and Fresh Water Fish Commission goes forward with the drawdown, the funds in question would be the appropriate ones to use, to assist them in the effort.
Commr. Swartz stated that he felt a drawdown of the lake would probably improve the fish habitats and fishing for a period of time, just as it has each time it has been drawn down; however, he feels the water quality of the lake becomes worse, as a result of the drawdown. He stated that he was not sure a drawdown was the best thing to do. He stated that he felt, before the Board started allocating funds, they should have a presentation about the drawdown and decide whether or not it would be the best approach to take, at this time. He stated that he was also troubled about the issue of funding a water system for private property (Harbor Hills), noting that it may be an inappropriate use of funds; however, his real concern is that there are going to be others, besides Harbor Hills, who will be impacted by the drawdown. He stated that, even if the Board decides that a drawdown is the best course of action and that the County should help fund some of the costs associated with it, with regard to private or public property, he is not sure that singling out Harbor Hills would be the appropriate course of action for the Board to take. He stated that he would not want to see the Board move forward on this request, until they have discussed the issues he alluded to.
Commr. Gerber stated that a presentation on the drawdown would be just that, a presentation on the drawdown. She stated that there are other things that can be done, the Board just needs to be informed as to what they are.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board directed staff to schedule a workshop meeting with appropriate entities involved, who are knowledgeable about the proposed Lake Griffin drawdown; to obtain some analysis of the other properties that might be impacted by the drawdown, beyond that of the Harbor Hills development; and to request that Representative Everett Kelly, as well as any other member of the County's legislative delegation who has an interest in the matter, attend said workshop, with regard to a request from Facilities and Capital Improvements for consideration of a request from the Florida Game and Fresh Water Fish Commission to use $25,000.00 of Fish Conservation Fund monies to fund part of the drawdown cost of Lake Griffin.
PUBLIC HEARING
PUBLIC WORKS/MUNICIPALITIES/ROADS-COUNTY AND STATE
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it pertained to a Maintenance Map in Astor Park, involving a widening and resurfacing project. He stated that his office sent letters to the property owners involved and had received a couple of phone calls, regarding the matter.
Commr. Hanson questioned whether the funding would come from impact fees.
Mr. Stivender stated that it would and noted that it was in Benefit District 1, which is county owned, with no cities involved.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously,
by a 5-0 vote, the Board approved a request from Public Works for approval to accept a Maintenance Map, for that portion of C-445A, generally located in the Astor area, at the intersection of C-445A and SR 40, in Section 7, Township 15 South, Range 27 East, to clear title to lands along said route, which is scheduled for roadway improvements in the near future.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC WORKS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed the following individuals to vacant positions on the Lake County Parks and Recreation Advisory Board:
District 1
Hugh A. Davis
District 2
Basha R. Schlazer
District 3
Karen D. Ellis
District 4
Peggy O'Neil
District 5
Bobby Gibson
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board appointed the following individuals to the Lake County Citizens' Commission for Children:
District 1
No appointment at this time.
District 2
Linda Lewis
District 3
Charlotte W. Lehner
District 4
Barbara Wilson Smith
District 5
Beth Anne Scovil Moore
At-Large Members
Judge T. Michael Johnson
Joan M. McCall
Carol Lenahan
APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS
SOLID WASTE
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board authorized the Chairman to execute Resolution No. 1999-84, extending the term of the County-Wide Solid Waste Study Committee to June 30, 2001, and to add an option for appointment of an at-large member to represent a specific district, should all advertisement efforts fail to result in an applicant for a specific district.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS/MUNICIPALITIES
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that it was a request for approval of Interlocal Agreements with the City of Mt. Dora, the Town of Astatula, and the City of Eustis, allowing them to annex enclaves. He stated that an Interlocal Agreement was sent to all the cities in the County, regarding said issue, as directed by the Board and approximately one month ago they received a letter from the City of Fruitland Park requesting the Board to reconsider the agreement. He stated that the Board directed staff to do so, therefore, staff was bringing the agreements they received back from the cities to the Board, this date, for approval.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of Interlocal Agreements between Lake County and the City of Mt. Dora, the Town of Astatula, and the City of Eustis, relating to the annexation of enclaves.
REPORTS
COUNTY ATTORNEY
COMMITTEES
Mr. Sandy Minkoff, County Attorney, informed the Board that he had agreed to serve on the Lake County Cultural Affairs Council, at Commr. Hanson's suggestion. He stated that they will be looking at a Cultural Affairs Plan for Lake County and he wanted to make them aware of it.
Commr. Hanson thanked Mr. Minkoff for being willing to serve on said council.
ADDENDUM NO. 1
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed the following individual to a vacant position on the Transportation Disadvantaged Coordinating Board:
Mr. Jeffrey Haertel
ADDENDUM NO. 2
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES AND AGREEMENTS/ECONOMIC DEVELOPMENT
Ms. Sue Whittle, County Manager, addressed the Board and explained this request, stating that Circuit City is scheduled to open the end of May, or the beginning of June, 1999. She stated that a building the magnitude of Circuit City has never been built in the County, noting that it will be a 500,000 square foot building. She stated that, when the County discussed the issue of impact fees with Circuit City, they provided staff with numbers that reflected operations at similar facilities in the country and, based on those numbers, staff calculated that Circuit City should pay the County $129,467.00 up front and that, in one year, a traffic study be conducted, to determine whether their actual usage was reflective of the other facilities. She stated that, under the County's Impact Fee Ordinance, their impact fees would be $500,152.30. However, staff does not feel that that is reflective of the way they are going to operate; therefore, the County presented them with a proposal that they pay $129,467.00, prior to obtaining a Certificate of Occupancy, and that they be required to give the County a Letter of Agreement stating that in one year they will do a traffic study and that, should it be different than the numbers that have been provided to the County, they will pay the County the difference, or whatever portion of the difference was indicated, up to $500,152.30.
Commr. Cadwell stated that, as the County grows, it will have these types of large projects. He stated that the County Manager is working on a policy to determine how such projects should be handled.
Commr. Swartz questioned what the rationale was for not having Circuit City pay the balance of the impact fees, as calculated, pending a refund of some of the fee, should their traffic study show a lesser amount due.
Ms. Whittle, County Manager, stated that it was at the request of Circuit City.
Mr. Bruce Duncan, Economic Development Director for Lake County, addressed the Board stating that, in March of 1998, during the decision process, the County provided Circuit City with a letter estimating the impact fees to be $129,467.00, with a caveat (provided by the County Attorney's Office)stating that the figure was based on the numbers that Circuit City provided to the County and that they would be required to do a traffic study and pay any difference there might be in the numbers.
Commr. Swartz questioned why a traffic study was not done prior to this.
Mr. Duncan stated that a traffic study was not requested at that time, because the numbers that Circuit City would have provided to the County would have been numbers from a similar facility. He stated, however, that the traffic study being requested at this time will be the actual impact that their facility will have on the County.
Discussion occurred regarding whether a traffic study should be done prior to a facility being constructed, or after it is open for business, to determine the amount of impact fees that will be required to be paid to the County.
Mr. Sandy Minkoff, County Attorney, interjected that the County is wrestling with that issue at this time, noting that it has only been in the last six months to a year that the County has received a significant number of requests to look at alternative ways to calculate the fees. He stated that studies that have been presented thus far have not been accepted and people have had to pay the full amount of the fees.
Commr. Swartz stated that he felt that would be the appropriate way to deal with the Circuit City issue, pending the outcome of the traffic study.
Commr. Cadwell stated that the proposal in question was presented to Circuit City, during the discussion phase, because of the scope and size of their project, the importance of it to the Christopher C. Ford Industrial Park, and the job creation and capital investment they will be making to the County. He stated that staff felt it was the prudent thing to do. He stated that the request would have to be handled this date, or Circuit City would not be able to open, therefore, suggested that the Board act on the request and direct staff to look at a policy that would address the issue, no matter what the size of the facility.
Commr. Hanson stated that she feels the study is flawed.
Mr. Minkoff, County Attorney, interjected that the data the County based its figure on is almost ten years old, however, noted that a new version of the ITE manual has come out since the proposal was given to Circuit City.
Commr. Gerber stated that the Impact Fee Study Committee voted at their last meeting to recommend to the Board that the County update its ITE manual to the Sixth Edition and, as new editions come out, have the Committee once again look at what it will do to the numbers, before they change. She stated that the Sixth Edition does not change a lot, however, noted that it does add and delete some categories, which have changed over time.
Mr. Minkoff, County Attorney, informed the Board that the County's consultants have suggested that, rather than have the County study one bank, that it look at several banks and determine whether the County's chart is correct and, if it is not, to update the chart for all banks, golf courses, and retirement homes, which he noted staff is planning to do.
A motion was made by Commr. Hanson and seconded by Commr. Pool to go with staff's recommendation, with regard to the County's proposal to Circuit City, concerning the payment of transportation impact fees, prior to obtaining a Certificate of Occupancy, in that the County be reimbursed the interest due on the difference between the full impact fees and the amount paid by Circuit City, prior to occupancy; and that a traffic study, to be conducted by Circuit City, be required to be completed within 12 months of opening.
Under discussion, Commr. Pool questioned how the traffic study would be monitored by the County, noting that the proposal states that the study will be conducted by Circuit City.
Mr. Minkoff, County Attorney, stated that Public Works has prepared a procedure that, hopefully, will be signed by next week, which outlines specifically what needs to be in the study. He stated that, in this particular case, he envisions a contract signed, before a Certificate of Occupancy, where they will promise to pay the County, plus interest, and it will outline specifically what needs to be in the study. He stated that, if there is a disagreement, it will come back before the Board, for a final decision.
The Chairman called for a vote on the motion, which was carried, by a 4-1 vote.
Commr. Swartz voted "No".
RECESS AND REASSEMBLY
At 10:20 a.m., the Chairman announced that the Board would recess for ten minutes.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONT'D.)
WORKSESSION
CONTRACTS, LEASES AND AGREEMENTS/EMERGENCY SERVICES
The Chairman noted that this worksession stemmed from a Board Retreat that was recently held, where the majority of the Board wanted Emergency Services to bring forward a proposal, with regard to the County's ambulance contract and where the County needed to go, from this point on.
Mr. Tad Stone, Senior Director, Emergency Services, addressed the Board and gave a brief overview of EMS (Emergency Medical Services) models that are available and commonly used in the State of Florida, at which time he identified the strengths and weaknesses associated with each model and the options available to the County, with regard to same. He reviewed a EMS Models Study, contained in the Board's backup material, as follows, and answered questions from the Board regarding same:
Private - Not for Profit Hospital Based - Strengths
Private - Not for Profit Hospital Based - Weaknesses
Private - For Profit, Non Hospital Affiliated - Strengths
Private - For Profit, Non Hospital Affiliated - Weaknesses
Public - 3rd Service - Strengths
Public - 3rd Service - Weaknesses
Public - Fire/Rescue - EMS Transport - Strengths
Public - Fire/Rescue - EMS Transport - Weaknesses
Blended System - Strengths
Blended System - Weaknesses
Mr. Stone discussed the history of the organization in the community, with regard to its past failures and successes, its ability to respond, and whether the organization was part of the community; the costs, in tax dollars, to provide adequate service levels, what the cost is to the customer, when services are provided, and the fact that actual costs are sometimes hidden; and three schools of thought, being : (1) Government should absorb all cost-essential functions; (2) User supported only; and (3) Mix of government and user fees. He discussed various aspects of the contract, being: (1) Response time; (2) Transport units (contracted); (3) QRV's; (4) Fees charged; and (5) Subsidy from the County.
Mr. Stone reviewed the following options and requested direction from the Board regarding same:
1 - 3rd Service
2 - Fire/Rescue - EMS Transport
Commr. Cadwell informed the Board that Sumter, Citrus, and Hernando counties have the same provider that Lake County has and noted that the County has an agreement with them, with regard to the use of equipment between the counties, when necessary. He questioned whether the Board had any interest in talking with the other three counties, to see if they would be interested in joining together, with regard to going out for an RFP, or extending the contract that the County currently has. He felt that they might be interested in doing something together as a group.
Mr. Stone stressed the need for the County to become more involved in the system, from the standpoint of what the County is presently doing, noting that the County is currently running a basic life support system. He stated that it has been his experience that the faster the County can provide ALS service to the end customer the higher the survivability and upgrade of that patient and the better service the County can provide across the Board. He suggested that Fire Services become more involved in the ALS delivery side of the issue, which he noted would keep the County out of the transport business, if the Board did not want to go in that direction, and the costs to the County would be minimal.
Commr. Cadwell questioned what time frame would be involved, if the Board agreed that staff should talk to Sumter, Citrus, and Hernando counties.
Mr. Minkoff, County Attorney, stated that the County has already exercised its option to have the present contract terminate next year and noted that it is looking at getting the RFP out fairly soon, if the Board decides to go with that method. He stated that the County would need as much leeway time as it could get, for any of the options that Mr. Stone proposed, other than staying in the status quo.
Mt. Stone stated that, if the County chose to assume a role by itself, in the delivery of the services, he would need at least six to eight months to put it together.
Ms. Sue Whittle, County Manager, informed the Board that the County had until September of the year 2000 to make a decision regarding the matter, however, noted that staff would like as much leeway time as possible, thus, the reason for having the worksession this date. She stated that she hoped a decision would be made, before the end of this year, so that the County will know where it stands.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to have the Chairman, Commr. Cadwell, meet with the other three counties involved, being Sumter, Citrus, and Hernando, within the next thirty (30) days and bring a recommendation back to the Board, regarding whether to join together with Sumter, Citrus, and Hernando counties, in providing EMS services, or whether to go out for an RFP .
The Chairman stated that the Board needed to be prepared to move in one direction or another, at that point in time.
BUDGETS/MEETINGS
Ms. Sue Whittle, County Manager, distributed the Budget Calendar that was prepared for the Board's upcoming Budget Meetings, for the Board's perusal.
CLOSED SESSION
At this time, the Board held a discussion with the County's Negotiating Team, regarding pending fire union negotiations.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/5-4-99/5-5-99/boardmin