The Lake County Board of County Commissioners met in regular session on Tuesday, September 7, 1999, 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 Welton G. Cadwell, Chairman; Catherine C. Hanson, Vice Chair; Robert A. Pool; Rhonda H. Gerber; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, 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
Ms. Sue Whittle, County Manager, noted that a published Addendum No. 1 and an Addendum No. 2 had been added to the agenda.
Mr. Sandy Minkoff, County Attorney, requested that Tab 48, approval and execution of a Special Master Agreement between Lake County, Jon Jones, owner, and Frank T. Gaylord, as Special Master, in Case No. SM-7-99, be pulled from the agenda.
MINUTE APPROVAL
Regarding the Minutes of July 27, 1999 (Regular Meeting), Commr. Hanson requested that clarification be made to language on Page 22, Line 32 to indicate that it was an issue of enforcement.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of July 27, 1999 (Regular Meeting), as amended.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of August 3, 1999 (Regular Meeting), as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Bonds-Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
4753-2000 L. Norman Adams Home Builders, Inc.
5087-99 Paul A. Corp/Tender Plumbing Care, Inc.
Cancellations
4564-99 Lake County Air Conditioning & Heating
5019-99 Michael E. McGowen dba A Plus Plumbing
5155-99 W. Douglas Stapleton
5425-99 Roman Sign
5537-99 Randy Alumbaugh Construction, Inc.
Accounts Allowed/Courts-Judges/Code Enforcement
Request for approval of Satisfaction and Release of Reduced Order of Fine for Benny Wells, in the amount of $100.00, dated August 13, 1999, and recorded in Official Records Book 1743, pages 1171 and 1172; and authorized proper signature on same.
Request for approval of Satisfaction and Release of Order of Fine for Les Arnold and West Bailey, Jr., in the amount of $2,200.00, dated August 19, 1998, and recorded in Official Records Book 1637, pages 803 and 804; and authorized proper signature on same.
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, 1999. Disbursements: $132,629.36; Same Period Last Year: $146,383.72.
State Agencies/Meetings
Request to acknowledge receipt of Southwest Florida Water Management District Governing Board Meeting Agenda for August 24 and 25, 1999. The meeting will be held at 2379 Broad Street, Brooksville, Florida.
Utilities/Meetings
Request to acknowledge receipt of Commission Conference Agenda from the Florida Public Service Commission, dated May 7, 1999, indicating that a Conference is scheduled to be held May 18, 1999, at 9:30 a.m., in Room 148, Betty Easley Conference Center, regarding the following dockets:
Docket No. 990223-TP - Request for review of proposed numbering plan relief for the 941 area code.
Docket No. 990184-TL - Investigation into boundary issues in South Sarasota and North Charlotte Counties (Englewood area).
Docket No. 981941-TL - Investigation into telephone exchange boundary issues in South Polk County (Fort Meade area).
State Agencies/Budgets
Request to acknowledge receipt of St. Johns River Water Management District Standard Format Tentative Budget Submission, dated August 1, 1999, in accordance with the provision of Section 373.536(5)(c), Florida Statutes.
Ordinances/Municipalities
Request to acknowledge receipt of City of Minneola Ordinance No. 99-04 amending the boundaries of the City of Minneola in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter by including within the city limits approximately ninety acres of property generally located west of Highway 27 and north of County Road 561-A, in Section 1, Township 22 South, Range 25 East and Section 1, Township 22 South, Range 26 East, in Lake County, Florida; providing for a Comprehensive Land Use designation of single family-medium density, pursuant to the City of Minneola Comprehensive Plan, rezoning the property from County Agricultural and "R-3" to "RSF-2" single family medium density residential. Passed and ordained by the City Council of the City of Minneola, Florida on July 13, 1999.
Request to acknowledge receipt of City of Minneola Ordinance No. 99-05 amending the boundaries of the City of Minneola in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter by including within the city limits approximately thirty-four acres of property generally located west of Highway 27 and north of County Road 561-A, in Section 1, Township 22 South, Range 25 East in Lake County, Florida; providing for a Comprehensive Land Use designation of single family-medium density for twelve acres and general commercial for the remainder of the property of the property, pursuant to the City of Minneola Comprehensive Plan, rezoning twelve acres of the property from County Agricultural and "RSF-2" single family medium density residential and the remainder of the property from County Agricultural to Business 1. Passed and ordained by the City Council of the City of Minneola, Florida on July 13, 1999.
Request to acknowledge receipt of City of Minneola Ordinance No. 99-06 amending the boundaries of the City of Minneola in accordance with the procedure set forth in Article XI, Section 11.8 of the Minneola City Charter by including within the city limits approximately 33.5 acres of property generally located west of Highway 27 and south of Apshawa Road in Section 36, Township 21 South, Range 25 East and in Section 1, Township 22 South, Range 25 East, in Lake County, Florida; providing for a Comprehensive Land Use designation of single family-medium density for the property, pursuant to the City of Minneola Comprehensive Plan, rezoning the property from County "R-1" to "RSF-2" single family medium density residential. Passed and ordained by the City Council of the City of Minneola, Florida on July 13, 1999.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Gerber requested that Tab 11, a request for approval for the Chairman to execute an Interlocal Agreement between Lake County and Lake-Sumter Community College, in the amount of $75,000.00 for Fiscal Year 1998/1999, and $75,000.00 for Fiscal Year 1999/2000, as recipient of the Parks and Recreation Capital Improvement Grant Program Project for Fiscal Year 1999/2000, be pulled for discussion.
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/Grants/Libraries
Request for approval to submit the Environmental Systems Research Institute, Inc. (ESRI) grant application, in the amount of $3,000.00, for the Lake County Library System..
Accounts Allowed/Grants/Libraries
Request for approval and signature of Fiscal Year 1999 Library Services and Technology Act (LSTA) grant, in the amount of $25,000.00, to purchase 13 additional On-line Public Access Catalogs (OPACs); and approval to authorize electronic payment.
Accounts Allowed/Grants/Libraries
Request for approval and signature of Fiscal Year 1999 Library Services and Technology Act (LSTA) grant, in the amount of $32,767.00, to install a desktop management system on the library's networked automation system; and approval to authorize electronic payment.
Reports/Affordable Housing
Request for approval of the Annual Report for Affordable Housing Program for Fiscal Years 1996-1997, 1997-1998 and 1998-1999; and signature on the Certificate Form of the Annual Report.
Accounts Allowed/Planning
Request for approval of waiver of Impact Fees, pursuant to Chapter 15.00.003 of the Lake County Land Development Regulations for the following participants in the County's housing assistance program funded by the State Housing Initiatives Partnership Program (SHIP); and approval of payment of these fees from the Impact Fee Trust Fund interest for a fiscal impact in the amount of $27,956.25:
Constance Smith and Melany Ivey $1,242.50
Melissa Grisson $1,242.50
Catherine Hammons $1,242.50
Frederica Alexander $1,863.75
Pamela Edwards $1,863.75
Shain and Stacey Heck $1,242.50
Dennis Heuck and Rebecca Holthaus $1,242.50
Lori Larsen $1,242.50
Jamie McBee $1,242.50
Shane and Kayra McGarity $1,242.50
Linda Owens $1,242.50
Sandra Owens $1,242.50
Angela Osebold $1,242.50
Betty Pierson $1,242.50
Sheila Radford $1,242.50
Sylvia Reddick $1,242.50
Ronnie and Rose Ricks $1,242.50
Wanda Rosado $1,242.50
Keshyka Wilcher $1,863.75
James Miller $1,242.50
Lester and Cheri Tate $1,242.50
Accounts Allowed/Economic Development
Request for approval of return of Jobs Growth Incentive Award monies to Trust Fund account, in the amount of $10,000.00, due to Flori-Design, Inc. not utilizing the funds.
Resolutions
Request for approval of Resolution No. 1999-155 proclaiming the week of October 3-9, 1999 Fire Prevention Week.
Accounts Allowed/Contracts, Leases & Agreements/Grants
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County, the City of Eustis, in the amount of $20,000.00; and the South Lake Dixie Youth Baseball, in the amount of $10,000.00, as recipients of the Parks and Recreation Capital Improvement Grant Program Project for Fiscal Year 1999/2000.
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Tavares, in the amount of $40,000.00, as recipient of the Parks and Recreation Capital Improvement Grant Program Project for Fiscal Year 1999/2000.
Assessments/Resolutions
Request for approval and execution of Resolution No. 1999-142-A providing for certification of the assessment roll for the Picciola Island Subdivision Assessment, providing for certified copies, and providing for an effective date.
Accounts Allowed/Budgets/Budget Transfers/Resolutions
Request for approval of the following budget items from Fiscal and Administrative Services:
1. Approval of budget transfer, in the amount of $32,110.00, from Contingency to the Landfill Enterprise Fund, Solid Waste Management, Repair and Maintenance due to additional funds necessary to perform structural repairs to a number of steel columns at the IMPACT Center that were damaged by delivery and transport vehicles during regular operations.
2. Approval of budget transfer, in the amount of $350,000.00, from Contingency to the Landfill Enterprise Fund, Solid Waste Management, Contractual Services, to cover payments pursuant to the Ogden Martin Service Agreement.
3. Approval of Check Request, in the amount of $39,705.96, from the Clerk of Courts for payment of July court fees.
4. Approval of Resolution No. 1999-154 to receive unanticipated revenue in the General Fund from the State of Florida Department of Environmental Protection for design and permitting of the Astor/Astor Park Wastewater System in the amount of $1,000,000.00.
Accounts Allowed/Contracts, Leases & Agreements/Tax Collector
Request for approval of the following items from Procurement Services:
1. Approval and execution of a lease with the Villages of Lake-Sumter, Inc., to provide office space for the Tax Collector at the Village Corner Office Center. The term of the lease shall be for an initial period from September 1, 1999 through August 31, 2004 at $1,522.50 per month ($18,270.00 annually) plus a pro rata share of the common area maintenance charges and a portion of all real property taxes and special assessments. Funding will be from the General Fund, Constitutional Officers, Tax Collector, Rental and Leases.
2. Authorization of the implementation of a countywide purchasing card program effective October 1, 1999.
3. Authorization to advertise through Fiscal Year 1999/2000 for Lake County's annual bids and proposals. Authorization to award and/or extend the annual bids and proposals and to piggyback other governmental or cooperative bids if the award recommendation is to be lowest and best responsive and responsible bidder (bids) or highest ranked respondent (proposals) and issue blanket purchase orders or other contractual documents within budgeted funds.
Accounts Allowed/Insurance/Policies
Request for approval to renew the County's commercial insurance policies for the Fiscal Year 1999/2000; and authorization for the Chairman to execute the appropriate document(s).
Request for approval of the annual renewal of the County's Protected Self-Insurance Program with Arthur J. Gallagher and Company and contract for claims management with Gallagher Bassett Services, Inc., effective October 1, 1999; and authorization for the Chairman to execute the appropriate document(s).
Request for approval to renew the Worker's Compensation Insurance Policy with the Florida Municipal Self Insurers Fund (FMSIF) for Lake County Board of County Commissioners - Fire Services, in the amount of $96,105.00, effective October 1, 1999; and authorization for the Chairman to execute the appropriate document(s).
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of a Non-Exclusive Easement Deed for Minor Lot Spits 95-61 and 98-0061 from JNR in care of Suabi Ramnarain.
County Employees/Human Resources
Request for approval of Certificates for employees with one and three years of service.
County Employees/County Policies
Request for approval of the revision of the Lake County Policies and Practices Employee Manual.
Accounts Allowed/Budgets
Request for approval and signature on the Tentative Certified Budget for Arthropod Control for Fiscal Year 1999/2000 in the amount of $34,328.00.
Accounts Allowed/Budgets
Request for approval and signature on the Certified Budget for Arthropod Control for Fiscal Year 1998/1999 Mid-Year Adjustment in the amount of $34,328.00.
Accounts Allowed/Contracts, Leases & Agreements/Resolutions/Roads-County & State/Subdivisions
Request for authorization to accept final plat for Pineloch Phase I Subdivision; execute a Developer's Agreement between Lake County and McDermott/Ladd Land Trust #2 for Maintenance of Improvements; accept a letter of credit for maintenance in the amount of $21,750.43; and execute Resolution No. 1999-143 accepting the following roads into the County Road Maintenance System: Loch Lane (C.R. 2-0840G) and Pineloch Loop "Part" (C.R. 2-0840H). Subdivision consists of 27 lots - Commissioner District 2.
Request for authorization to accept final plat for Johns Lake Estates Phase One Subdivision; execute a Developer's Agreement between Lake County and Maronda Homes, Inc. of Florida for Maintenance Improvements; accept a letter of credit for maintenance in the amount of $26,756.76; and execute Resolution No. 1999-144 accepting the following roads into the County Road Maintenance System: Lanesboro Court (C.R. 2-1160A), Spring Run "Part" (C.R. 2-1160C), Misty Bay Court (C.R. 2-1160C), and Denham Court (C.R. 2-1160D). Subdivision consists of 50 lots - Commissioner District 2.
Roads-County & State/Resolutions/Signs
Request for approval of Resolution No. 1999-145 authorization the posting of speed limit signs on the following roads south of Astatula:
Leatrice Drive (2-2244)
Cynthia Lane (2-2344)
Florantine Circle (2-2345)
White Cypress Road (3-2646)
Straw Flower Drive (3-2647)
Meadowlark Trail (3-2647A)
Sugarloaf Court (2-2447)
Sugarloaf Mountain Road (2-2350)
Deeds/Contracts, Leases & Agreements/Roads-County & State/State Agencies/Road Projects
Request for approval to execute a Road Transfer Agreement and Quitclaim Deed to the State of Florida Department of Transportation, for a portion of County Road 500A (Old 551), from State Road 19, northwesterly to State Road 500 (U.S. 441 in the Tavares area to include the pedestrian cross over lying within the intersection of said County Road 500A (Old 441) and State Road 19 as depicted on the FDOT Transportation Project Number 11090-3520 Plan Sheet No. S-14.
Roads-County & State
Request for approval for the Board of County Commissioners to support the extension of the Florida Turnpike from Wildwood to Lebanon Station.
Tourist Development
Request for approval of Service Mark Application for the Mark "ON THE COUNTRY SIDE OF ORLANDO" in order to register said mark with the United States Patent and Trademark Office.
Accounts Allowed/Grants/Tourist Development
Request for approval to apply for the Eco/Heritage Tourism Grant Program for Fiscal Year 1999/2000 in an amount up to $3,500.00.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Grants/Planning
Request for approval to certify Lake County as a Quick Permitting County, as per Laws of Florida, Chapter 99-233, Section 288.1093; and approval to apply for the One-Stop Permitting Grant Program in the amount of $50,000.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
At this time, Commr. Cadwell presented the following awards and plaques, as Ms.
Lourdes Ramos, Personnel Manager, provided information on each individual:
Presentation of Plaque to Employees with Five Years of Service
Jeff Richardson, Chief Planner, Growth Management/Planning and Development
(Not Present)
Randy L. Beadle, Maintenance Specialist I, Facilities and Capital Improvement/Facilities Management
Michael A. Smith, Equipment Operator I, Public Works/Maintenance Area I
(Not Present)
John J. Janus, Maintenance Specialist I, Facilities and Capital Improvements/Jail Maintenance
Presentation of Plaque to Employees with Ten Years of Service
Marcus H. Fussell, Building Inspector II, Growth Management/Building Services
Robert E. Wood, Secretary II, Emergency Services/Animal Control
Presentation of Plaque to Employee with Fifteen Years of Service
Anita W. Hendrix, Licensing Investigator, Growth Management/Building Services
(Not Present)
Presentation of Plaque to Retiring Employee with Fifteen Years of Service
Bobby Howard, Equipment Operator III, Public Works/Roads/Maintenance Area II
(Not Present)
NACO AWARDS
Commr. Cadwell presented the following NACO awards, as Mr. Alvin Jackson, Deputy County Manager, introduced each individual:
Emergency Prepardness and Disaster Response Plan - Achievement Award and Best of Category:
Lora Bailey, Engineering/Public Works
Hairy the Animal Control Education Officer - Achievement Award
Rene' Segraves, Animal Control/Emergency Management
In-House Consulting Training Program - Achievement Award
Mike Anderson, Facilities and Capital Improvements
Sandy Minkoff, County Attorney
Bruce Duncan, Economic Development
Sharon Farrell, Growth Management
Jim Smith, Planning and Development/Growth Management
Jeff Richardson, Planning and Development/Growth Management (Not Present)
Fast Track Permitting Achievement Award
Bruce Duncan, Economic Development (Not Present)
Ross Pluta, Engineering/Public Works
Fred Schneider, Engineering/Public Works
Mary Ann Bardon, Engineering/Public Works
Jeff Richardson, Planning and Development/Growth Management (Not Present)
Ron Frank VonFrankenstein, Building Services/Growth Management
Dale Greiner, Building Services/Growth Management
Jim Smith, Planning and Development/Growth Management
Russ Melling, Lake County Health Department
Robin Gutting, Lake County Health Department
Termite Roundtable Achievement Award
Dale Greiner, Building Services/Growth Management
Florida Association Of Counties Rural Engineer of the Year Award
Lori Bailey, Engineering/Public Works
Fred Schneider, Engineering/Public Works
PUBLIC HEARINGS
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services,
appeared before the Board to present the request for approval of a resolution adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Village Green Subdivision. She noted that the assessment rate has decreased from $52.20 per parcel to $41.17 per parcel for Fiscal Year 1999/2000, and a three (3%) percent inflation factor has been anticipated for the four (4) subsequent years.
At this time, Commr. Cadwell 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. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-146 adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Village Green Subdivision for Fiscal Year 1999/2000.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services,
appeared before the Board to present the request for approval of a resolution adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Valencia Terrace Subdivision. She noted that the assessment rate has been established at $22.15 per parcel for Fiscal Year 1999/2000, and a three (3%) percent inflation factor has been anticipated for the four (4) subsequent years.
At this time, Commr. Cadwell 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. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-147 adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Valencia Terrace Subdivision.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services,
appeared before the Board to present the request for approval of a resolution adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Greater Pines Subdivision. She noted that the assessment rate has increased from $282.81 per parcel to $325.28 per parcel for Fiscal Year 1999/2000, and a five (5%) percent inflation factor has been anticipated for the four (4) subsequent years.
At this time, Commr. Cadwell 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. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-148 adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Greater Pines Subdivision.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services,
appeared before the Board to present the request for approval of a resolution adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Greater Groves Municipal Service Benefit Unit. She noted that the assessment rate has decreased from $251.51 per parcel to $247.21 per parcel for Fiscal Year 1999/2000, and a five (5%) percent inflation factor has been anticipated for the four (4) subsequent years.
At this time, Commr. Cadwell 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. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-149 adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Greater Groves Municipal Service Benefit Unit.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services,
appeared before the Board to present the request for approval of a resolution adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Greater Hills Municipal Service Benefit Unit. Ms. LaMarche noted that the assessment rate has increased from $198.54 per parcel to $262.09 per parcel for Fiscal Year 1999/2000, and a five (5%) percent inflation factor has been anticipated for the four (4) subsequent years.
At this time, Commr. Cadwell 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. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-150 adopting the non-ad valorem rate schedule and the non-ad valorem assessment roll for Greater Hills Municipal Service Benefit Unit.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services,
appeared before the Board to present the request for approval of a resolution imposing the fire rescue assessments, establishing the rate of assessment, and approving the assessment roll. She briefly discussed the Fire Rescue Assessed Cost revised chart which illustrates the Residential Property Use Category and the Non-Residential Property Use Category for Commercial, Industrial/Warehouse and Institutional. She noted that the rate for residential has increased to $86 per dwelling unit.
Ms. Sue Whittle, County Manager, noted a revision in the category of Commercial which changes the building classification for a 5,000 - 9,000 square foot range to $735. It was noted that a revised chart had been distributed prior to the start of the discussion.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Paul Ludtke, a resident of Lakes of Leesburg Mobile Home Park, appeared before the Board on behalf of the residents that reside in mobile home rental parks. He discussed a contradiction in Florida Statutes as it pertains to mobile home rental park owners and tenants in mobile home rental parks in regard to ad valorem taxes and non-ad valorem taxes, and their liability for the Lake County Fire Assessment. He requested that the Board provide a written statement to the mobile home rental park owners indicating that the tenants of the mobile home rental parks are not responsible for the fire assessment according to the law.
Mr. James Muckey, Lake Griffin Harbor Mobile Home Rental Park, and President of the Lake County Mobile Manufactured Housing Homeowners Association, appeared before the Board as a spokesman for the Board of Directors of the Lake County Mobile Manufactured Housing Homeowners Association. He stated that the Association has recognized that the fire assessment by Lake County, as determined by the Florida State Supreme Court, was a legal assessment against the property owners of mobile home rental parks. He stated that the question of whether rental park residents could be held liable by the park owner for the fire assessment was an issue between the park owner and the residents, and the County has no involvement in this issue. He stated that Chapter 723, Florida Statutes, clearly defines a mobile home as a residential structure as long as it was over 8 feet wide and 35 feet long and was not originally sold as a recreational vehicle. He requested that the fire assessment be established on a more equitable basis.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Hanson requested that staff provide the total funds actually raised this year in the fire assessment roll. She stated that the fire assessment raises a lot of problems and a more equitable way of raising the funds for fire and rescue would be a partial ad valorem tax and a partial assessment. She stated that she would vote in opposition to the fire assessment before the Board today.
Commr. Cadwell noted that the increase of the fire assessment to $86 per residential dwelling unit was a commitment made by the Board when it was decided to look for a new direction for the Lake County Fire Department.
Mr. Sandy Minkoff, County Attorney, explained that a study prepared by the consultants has indicated that a special assessment for vacant land should not be used because there was no demand for fire service on vacant land. He stated that it was appropriate to use ad valorem taxes for fire protection.
Commr. Pool concurred with Commr. Hanson and suggested that a more equitable method would be a flat fee for all residents, plus an ad valorem tax with a cap for an increase for larger homes. He stated that this would provide an equitable method to increase the fee and would be fair to those who live in a $15,000 mobile home. He clarified that he was not opposed to the increase in the fire assessment, however, was opposed to the method.
Commr. Swartz stated that he had indicated to the Board last year that he would support advertising a public hearing for an ad valorem tax for fire protection; however, a proposal was not presented to the Board.
Commr. Hanson stated that the County was not charging vacant land, which has been done historically, and was not charging commercial, industrial, and institutional at the rates that would be charged if there was an ad valorem tax. Therefore, the County was losing dollars that could be used to lower the rate.
At this time, Commr. Cadwell reopened the public hearing portion of the meeting.
Mr. Joe Simister, a resident of Lakes at Leesburg Mobile Home Rental Park, appeared before the Board and expressed concern that conflicting information was being presented and that he would be paying $86 on a mobile home in a rental park.
There being no further public comment, the public hearing portion of the meeting was closed.
Commr. Swartz noted that a letter addressed to Mr. Paul Ludtke, dated October 16, 1998, had been mailed to Mr. Ludtke addressing his concerns. At this time, Mr. Ludtke was presented a copy of the above noted letter.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 1 vote, the Board approved Resolution No. 1999-151 imposing fire rescue assessment, establishing the rate of assessment, and approving the assessment roll.
Commr. Hanson voted in opposition.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, presented the Fees Schedules for Fiscal Year 1999/2000 for services provided by the Department of Growth Management Services, Department of Emergency Services, Department of Facilities and Capital Improvements, Department of Community Services, Department of Public Works; Department of Solid Waste Management Services; and Department of Fiscal and Administrative Services. He noted that there were no changes to the rates proposed for the Department of Public Works because they were currently undergoing a fee study and would be coming back to the Board with a separate resolution.
Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board to address questions pertaining to Exhibit A, Tree Removal.
At this time, Commr. Cadwell 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. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1999-152 adopting Fee Schedules for Fiscal Year 1999-2000 for services provided by the Department of Growth Management Services, Department of Emergency Services, Department of Facilities and Capital Improvements, Department of Community Services, Department of Public Works; Department of Solid Waste Management Services; and Department of Fiscal and Administrative Services.
ASSESSMENTS/SUBDIVISIONS/RESOLUTIONS
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board to present the Final Assessment Resolution for Solid Waste Management Collection and Disposal for Fiscal Year 1999-2000. He explained that the Solid Waste Non-ad Valorem Assessment Schedule includes a $7.22 increase in the disposal costs for this year to pay for the additional cost of the Ogden Martin contract as authorized by the Board.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Dan Wilson, 33405 Wesley Road, Eustis, appeared before the Board on behalf of the residents who self-haul, and discussed a problem with dumping of trash and garbage along the roadways by those who are on the self-haul option. He expressed concern that there were only five (5) transfer stations throughout Lake County where those who self-haul can dispose of their refuse. He stated that there was a need for additional locations closer to those who are using the stations.
Ms. Donna Merritt, a resident of Orlando and property owner in Groveland, appeared before the Board to discuss property that she owns at 16627 Pebble Island Drive. She stated that she pays a private hauler located in Groveland to remove trees and debris and questioned why she was being charged collection and disposal fees when no one has lived in the house since 1989. She further questioned if her tax bill was requiring that she pay for a franchised hauler when she was already paying a private hauler, and if there were any exemptions available to her. Commr. Cadwell responded to Ms. Merritt's concerns and suggested that Ms. Merritt apply for a self-haul permit. It was noted that Mr. Post would discuss this option with Ms. Merritt after this segment of the meeting today.
Mr. Larry Hassell, a resident of northeast Lake County, appeared before the Board and expressed concern with the cost of the self-haul permit and requested clarification as to why there was a cost to self-haul. He stated that he would like to eliminate the self-haul charge.
Commr. Swartz explained that every residential dwelling unit in Lake County was paying the $90.46 disposal fee which was the equal share of the cost of the solid waste system. He explained that the $13.06 drop-off charge was to pay for the transfer stations located throughout Lake County. He explained that the self-haul option was made available to the residents of Lake County to allow those who recycle to a great degree the option of not having to go to a solid waste collection service.
Mr. Wendel Zimmer, a resident of Bonfire Mobile Village, appeared before the Board and requested that Mr. Post speak with him after the meeting today to answer several questions that he has on the Solid Waste Management Collection and Disposal assessment. He requested clarification on how the County regulates the fees charged by the franchise haulers.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved Final Assessment Resolution No. 1999-153 for Solid Waste Management Collection and Disposal for Fiscal Year 1999-2000; subject to review and approval by the County Attorney.
Commr. Hanson stated that property has been purchased for a new manned drop-off station for the Pine Lakes area on State Road 44. It was noted that completion of the drop-off station would be in approximately six (6) to twelve (12) months.
ORDINANCES/PLANNING
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance, repealing Chapter 7 - Child Care Centers, on the floor for its final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING CHAPTER 7 OF THE LAKE COUNTY CODE, ENTITLED CHILD CARE CENTERS; PROVIDING AN EFFECTIVE DATE.
Ms. Sharon Farrell, Senior Director, Department of Growth Management Services, appeared before the Board and explained that this request was a code maintenance change in the Lake County Code.
At this time, Commr. Cadwell 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. 1999-90 repealing Chapter 7 of the Lake County Code entitled Child Care Centers.
RECESS & REASSEMBLY
At 10:30 a.m., the Chairman announced that the Board would recess and reconvene at 10:50 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
UTILITIES/PLANNING
Commr. Hanson presented this request.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved to move forward with a public hearing to mandate hook-ups to the proposed Astor/Astor Park Wastewater Treatment Facility, and to draft a letter to the Astor/Astor Park Water Association for the Chairman's signature demonstrating the County's intent to enforce mandatory hook-ups.
Mr. Bill Chandler, representing the Astor/Astor Park Water Association, appeared before the Board and reported that they have recently received a grant, in the amount of $1,000,000, from the Economic Development Agency (EDA) which brings the total funding to $6,750,000. He stated that they were moving forward with Phase I and plan to break ground in December 1999.
REPORTS
COUNTY MANAGER
CONTRACTS, LEASES & AGREEMENTS
Commr. Cadwell presented the request for discussion on the Ambulance Service Agreement between Lake County and Florida Hospital Waterman, Inc. and Florida Regional Emergency Services, Inc.
Mr. Kenneth R. Mattison, President and CEO, Florida Hospital Waterman, appeared before the Board and stated that the Ambulance Service Agreement between Lake County and Florida Hospital Waterman provides for the opportunity to enter into renegotiations should certain changes occur such as recent changes in Medicare reimbursement to hospitals as it relates to ambulance operations. He stated that he was present today to request that they have an opportunity to meet with staff to focus on quantification of what those changes have been and to discuss renegotiation issues. He stated that they were not exercising the 180 day written notice, at this time, and were only asking for the opportunity to enter into discussions and renegotiations with staff at this time.
Mr. Sandy Minkoff, County Attorney, informed the Board that staff was currently evaluating whether or not there have been medicare changes since the last contract amendment. He stated that the County would be required to enter into renegotiations with Florida Hospital Waterman, Inc. if there are medicare changes. He noted that the renegotiations would be public and that notices would be posted.
On a motion by Commr. Hanson, seconded by Commr. Post and carried unanimously by a 5 - 0 vote, the Board authorized staff to discuss contract changes with Florida Hospital Waterman, Inc. and Florida Regional Emergency Services, Inc. as they relate to ambulance operations.
COMMISSIONER HANSON - DISTRICT NO. 4
PLANNING/SHERIFF'S DEPARTMENT
Commr. Hanson brought up for discussion the lack of regulations at Silver Glen Springs and explained that she has placed this issue under her reports to inform the Board of several issues pertaining to Silver Glen Springs and the use of high power water guns and water balloons in the park.
Mr. Sandy Minkoff, County Attorney, stated that the Lake County Sheriff's Department has contacted his office to inquire if it was possible to pass an ordinance to deal with alcohol consumption at Silver Glen Springs. At this time, an aerial map was presented on the monitor of Silver Glen Springs, Silver Run and the lake. Mr. Minkoff noted on the map that Silver Glen Springs was located in Marion County, Silver Run was located in Lake County, and the lake was located on the Volusia County line. He stated that the north side of the springs was federal property and a portion of the park and a private hunt club were located on the south side.
Mr. Claude Gnann, Operations, and Mr. Rick Ranize, Deputy, Lake County Sheriff's Office, appeared before the Board to discuss safety issues and the difficulty of emergency vehicles responding to emergency situations. Deputy Ranive presented a photograph taken on September 4, 1999 of Silver Glen Springs illustrating 340 boats, with an average of five (5) individuals per boat, excluding the jet skis and other water craft. He expressed concern with the water quality, the safety of the boaters, and the fact that the Lake County Sheriff's Department supplies a great deal of manpower to this one-half mile area leaving 36 miles of river left unattended.
Mr. Minkoff explained that there was an excess consumption of alcohol and fire danger from grills located on boats and emergency vehicles are unable to respond to emergency situations in a timely manner. He stated that the Department of Environmental Protection has contacted Lake County regarding the water quality of the springs area due to the boaters.
Deputy Ranize explained that the Sheriff's Department has no problem on a normal weekend with approximately 120 boats. Discussion occurred regarding the Lake County/Marion County line and the location of the boats at Silver Glenn Springs. It was noted that alcohol was prohibited by ordinance on the Marion County jurisdictional side.
Commr. Cadwell suggested that the first step would be to open discussions with Marion County and Lake County to determine the appropriate steps to take in regard to safety issues at Silver Glen Springs.
Commr. Swartz concurred with Commr. Cadwell and suggested that recommendations be brought back to the Board on what needs to be done to protect the people, the resource, and law enforcement.
Deputy Ranive stated that Florida Statute, Chapter 327.43, prohibits anchoring temporarily or permanently to the bottom of Silver Glen Springs and Silver Glen Run and states that mooring buoys would be installed. He stated that installation of the buoys has been scheduled beginning on the north end, along the sand bar with a center line of mooring buoys with stern mooring buoys to the outside, which would limit the number of boats allowed at the Springs. He noted that there was still an enforcement issue.
Mr. Jack Jones, a responsible boater, appeared before the Board and explained that he provides medical assistance to the Emergency Medical Technicians, and provides medical supplies. He stated that he has over 1,200 signatures that support the efforts to prohibit water guns and water balloons, which results in 95% of all fights at Silver Glen Springs. He explained that the responsible boaters have a safe time and clean the springs of debris; however, the major portion of the problems are from the rental boats, air boats and bass boats. He stated that new markers were needed at the lake entrance. He suggested that a sticker be required at a cost of $50 per boat which would limit the number of boats allowed at the Springs.
Commr. Hanson stated that she would meet with the various agencies concerned to determine the appropriate steps to be taken in regard to safety issues at Silver Glen Springs. She stated that enforcement would be very costly and five (5) deputies in one area was a large demand for manpower. She stated that Silver Glen Springs should be available to all citizens regardless of age and expressed concern that, at this time, young children do not have to opportunity to have a clean, wholesome weekend at the Springs.
Mr. Jones stated that he was requesting that Lake County adopt an ordinance to be taken to Marion County for passage. He noted that the four (4) major holidays were the only problem weekends.
Mr. Larry Beard, Recreational Resource Management, appeared before the Board and stated that he works with the forest service to manage Silver Glen Springs on federal lands and a large portion of Silver Glenn on the land in the back parking area falls in Lake County. He stated that alcohol was not allowed on federal land; however, the forest service issued150 citations for alcohol on Labor Day weekend and ninety (90%) percent of the alcohol was going out to the boats. He explained that seventy (70%) percent of the fights over Labor Day weekend occurred on the land portion in the back parking lot which spilled over from the alcohol on the boats. He stated that limitation on the number of boats allowed in the springs would make a big difference for everyone concerned.
PRESENTATION
CENSUS 2000 COMPLETE COUNT COMMITTEE
Mr. Alvin Jackson, Deputy County Manager, introduced Ms. Pat Underwood, U.S. Census Bureau, and distributed to the Board an United States Census 2000 Info Kit.
Ms. Pat Underwood, U.S. Census Bureau, appeared before the Board to discuss the Census 2000 Complete Count Committee and explained that the data that would be collected in Census 2000 would affect Lake County every single day for the subsequent ten (10) years. She stated that the Census 2000 Complete Count Committee was a major vehicle for planning and implementing local, targeted efforts that will uniquely address the special characteristics of Lake County. She encouraged the Board to establish a Complete Count Committee to partner with the Census Bureau in this effort. She explained that the Census Bureau was strongly committed to improving the way it conducts the census in the year 2000, and that they are engaged in a wide spread outreach and promotions champaign. She briefly discussed the Census 2000 programs and projects and the role of the local Complete Count Committee.
Ms. Sue Whittle, County Manager, noted that she would bring forward a proposal establishing the Census 2000 Complete Count Committee for the Board's review.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to present questions, comments and concerns to the Board.
COUNTY MANAGER'S CONSENT AGENDA (CONTINUED)
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS
Commr. Cadwell presented the request for an Interlocal Agreement between Lake County and Lake-Sumter Community College, recipients of the Parks and Recreation Capital Improvement Grant Program Project for Fiscal Year 1999/2000, in the amount of $75,000 for Fiscal Year 1998/1999 and $75,000 for Fiscal Year 1999/2000. He explained that this project was one of two regional park projects brought forward, and it was the recommendation of the Parks and Recreation Advisory Board to fund both regional parks splitting the funds between Fiscal Year 1998/99 and Fiscal Year 1999/2000.
Commr. Gerber expressed concern that the Lake-Sumter Community College ball fields would not be developed as a regional park opened to the public and that the property was being developed without a development review. She stated that this project does not fit the criteria and her definition of a regional park.
Discussion occurred regarding the intent of the college in regard to use of the fields, at which time, Commr. Pool stated that the college has assured him that the fields would be opened to the public. He noted that the Parks and Recreation Advisory Board voted unanimously to award funding for the Lake-Sumter Community College Recreational Facility.
Commr. Gerber stated that, if the projects do not meet the Board's concept of a regional park, the money should not be awarded.
Mr. Sandy Minkoff, County Attorney, directed the Board's attention to Section 6 of the agreement which states that Lake-Sumter understands and expressly agrees that the project is to be utilized by the students, faculty and staff of Lake-Sumter and by County residents.
Commr. Cadwell stated that this agreement was no different from an agreement that the County would have with a municipality that also controls the scheduling and fees for use of their ball fields. He stated that he would invite the Lake-Sumter Community College Athletic Director to appear before the Board to discuss Lake-Sumter Community College's vision for the project. He stated that their mind set was to build an athletic program at the college that would be available to the community, high schools and little leagues because it increases their presence in the community.
Staff was directed to provide an update on the guidelines used for charging fees by the cities for use of their ball field facilities.
It was the decision of the Board to postpone this request until further information can be presented to the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (C0NTINUED)
SOLID WASTE management/REPORTS
Mr. Don Post, Senior Director, Solid Waste Management Services, introduced Mr. David F. Cerrato and Mr. Scott C. Shannon, consulting engineers with Malcolm Pirnie, who were present to present the Annual Operations Monitoring Report for Billing Year Number 8 of the Ogden Martin Waste-to-Energy Facility. It was noted that a copy of the Billing Year No. 8 Operations Monitoring Report, and a copy of the slide presentation to be presented this date, had been distributed to the Board.
Mr. David Cerrato, Vice President, Malcolm Pirnie, appeared before the Board to present an overview of Malcolm Pirnie's role as consulting engineer, and discussed the following issues and facts pertaining to the Ogden Martin Waste-To-Energy Facility:
MALCOLM PIRNIE PROVIDES AN INDEPENDENT ASSESSMENT OF THE FACILITY'S PERFORMANCE BY:
PHYSICAL CONDITION OF THE FACILITY IS CONSISTENT WITH EXPECTATIONS:
SUMMARY OF PERFORMANCE GUARANTEES:
Mr. Cerrato noted that Ogden Martin did not met the guarantee for Energy Recovery with a performance measure of 523 kWh/ton and an actual performance of 511 kWh/ton. He explained that Ogden Martin was not required in the contract to meet the performance measures if Ogden Martin meets the operating perimeters. Discussion occurred regarding the performance measures, and it was noted that the Board had not been informed that Ogden Martin did not meet the Energy Recovery guarantee.
WASTE DELIVERIES AND PROCESSING PERFORMANCE:
ENERGY RECOVERY PERFORMANCE:
ENVIRONMENTAL COMPLIANCE:
SUMMARY OF MERCURY ISSUE:
In response to a question presented by Commr. Pool, Mr. Sandy Minkoff, County Attorney, explained that the Ogden Martin contract includes a default clause that requires the County to give Ogden Martin notice and an opportunity to correct any default. He stated that Ogden Martin was taking the position that they have met the requirements and that those test were an aberration because of a certain type of waste dumped at the facility. He stated that there has been no finding, at this time, that Ogden Martin was in violation of state or federal rules with respect to mercury at the plant.
CONTRACT LIMITATIONS ON REPORTING REQUIREMENTS:
Commr. Swartz expressed concern with the County's inability, through the consulting engineers, to get information from Ogden Martin. He suggested that a case could be made that Ogden Martin would come under the Sunshine Law in that they are contracting with the County and all of the information as it relates to that service agreement comes very close to being information under the Sunshine Law.
Mr. Minkoff explained that the contract does not require Ogden Martin to provide the County with copies of correspondence with the Florida Department of Environmental Protection (FDEP); however, the County has taken steps to monitor FDEP's files. He noted that Ogden Martin has opened up the lines of communication since the Chairman has started negotiations with Ogden Martin.
Commr. Swartz expressed concern that the County and the taxpayers paid to retro fit the Waste-to-Energy facility with mercury emission controls and that the purpose of having emission controls was to keep the mercury from coming out into the atmosphere or in the ash. He stated that, if the facility failed mercury emission testing, there was a very good likelihood that the facility has failed mercury emissions on other occasions when it was not being tested.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Rosanne Brandeburg as a District 1representative on the Lake County Citizens Commission for Children to complete a term ending May 14, 2001.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Gerard King as the Department of Children and Families representative on the Lake County Citizens For Children to complete a term ending May 14, 2000.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the reappointment of the following individuals on the Lake County Code Enforcement Board, with terms ending October 31, 2002:
Realtor - Rebecca McPherson
Contractor - Clarence Tibbs
Business Person - Bonnie Roof
Commr. Pool requested that the attendance records of the applicants applying for reappointment to the Code Enforcement Board be made available to the Board.
HALL OF FAME COMMITTEE
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the ratification of Pearl Long Cullen and Nelle Conley Skeen as the 1999 Women's Hall of Fame inductees as selected by the Women's Hall of Fame Committee.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the execution of a Special Master Agreement between Lake County, Janice Brockner, Owner, and Lewis W. Sone, as Special Master in Case No. SM-6-99.
ORDINANCES
Mr. Sandy Minkoff, County Attorney, presented the request for approval to advertise an ordinance regarding public use of the Lake County Judicial Center, and explained that the proposed ordinance has the same provisions that are in the current judicial administrative order governing the use of the building, which designates the Judicial Center as a non-public forum area.
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 regarding public use of the Lake County Judicial Center.
It was the consensus of the Board to move forward with similar ordinances governing the use of other County facilities.
DEEDS/SUITS AFFECTING THE COUNTY
Mr. Sandy Minkoff, County Attorney, presented the request for approval to execute a Quit Claim Deed in favor of the Territo Corporation on release of the suit by Territo Corporation with each party being responsible for their own costs and fees. He explained that this request involves property deeded to Lake County in 1996 by George F. Lyon, as trustee of a dissolved corporation and, in 1997, George F. Lyon and Kenneth Boykin, as the surviving trustees of that same dissolved corporation, recorded a deed conveying the same property to Territo Corporation. It was determined that, since only Mr. Lyon executed the deed in favor of Lake County, the deed was invalid. In the interim, Territo Corporation filed an action to Quite Title naming Lake County as a defendant.
On a motion by Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved a request to execute a Quit Claim Deed in favor of the Territo Corporation on release of the suit by Territo Corporation with each party being responsible for their own costs and fees.
CONTRACTS, LEASES & AGREEMENTS
Mr. Sandy Minkoff, County Attorney, presented this request.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved a contract between Lake County and Greater Orlando Area Legal Services (GOALS), as primary attorney, and Candace Hawthorne, as the secondary attorney, for those cases where a conflict arises for appellate legal representative of indigent parents in dependency and termination cases.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
CONTRACTS, LEASES & AGREEMENTS/GRANTS/MUNICIPALITIES
Ms. Sue Whittle, County Manager, presented the request for a Cooperative Agreement between Lake County and the Town of Montverde relating to the Community Development Block Grant (CDBG) Program. She stated that the HUD Office has informed the County that the Town of Montverde could be included this year if the County and the Town of Montverde approve this request today.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and signature on the Cooperative Agreement between Lake County and the Town of Montverde relating to the Community Development Block Grant (CDBG) Program; subject to approval by the Town of Montverde.
ADDENDUM NO. 2
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
INSURANCE/COUNTY EMPLOYEES
Ms. Sue Whittle, County Manager, presented the request for approval of a Self-Insured Group Medical Insurance Program and contract for claims management with Professional Administrators, effective October 1, 1999. She explained that the three year contract with Florida Healthcare Purchasing Cooperative resulted in less than satisfactory service; therefore, the County hired Whittner National Group to act as consultants to design a new plan for county employees. She stated that a Request for Proposal was prepared for a fully funded, fully insured plan and for a third party administrator who would handle a self-funded option. She directed the Board's attention to the Plan Comparison: Current Year vs. Proposed Self-funded Option Chart. She explained that two fully insured proposals were received and the Blue Cross/Blue Shield plan was the more competitive plan. She stated that the Insurance Team considered the Blue Cross/Blue Shield plan and the Self-Insured Group Medical Program and the Insurance Team has recommended the self insured program. She stated that Mr. Eric Scott, Wittner National Group, and Mr. Mike Anderson, a member of the Insurance Team, were present to address questions presented by the Board. She explained that, under the recommended self-insured plan, the employee would be covered at no cost and family coverage would be $95.00 per month under the CPO Option. She stated that she was recommending the Insurance Team's choice of the self-funded option.
Mr. Sandy Minkoff, County Attorney, discussed the differences between the Blue Cross/Blue Shield Plan and the Self-Insured Group Medical Program.
Mr. Mike Anderson, Senior Director, Facilities and Capital Improvements, appeared before the Board and stated that Whittner National Group and the Third Party Administrator would be working with the County on an on-going training program for the employees.
On a motion by Commr. Swartz, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the Self-Insured Group Medical Insurance Program and to contract for claims management with Professional Administrators, effective October 1, 1999; to increase employee contributions for family coverage; and authorization for the Chairman to execute the appropriate document(s); subject to review and approval by the County Attorney.
Commr. Swartz requested that staff develop guidelines for Board approval relative to a group self-insurance fund in terms of future contributions from the County and utilization of those funds.
ADDENDUM NO. 1 (CONTINUED)
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Patricia Price to the vacant position as the representative of large business on the Lake County Comprehensive Health Care Committee for a three year term ending August 16, 2002
REPORTS
COMMISSIONER GERBER - DISTRICT NO. 1
CONTRACTS, LEASES & AGREEMENTS/LAKE COUNTY WATER AUTHORITY
Commr. Gerber brought up for discussion the lease agreement between the Lake County Water Authority and Lake County which addresses the responsibilities of the Lake County Water Authority and the Lake Soccer League in regard to the soccer fields at the Lake County Hickory Point facility. She discussed the difference between the original lease agreement and the modified lease agreement which includes a Term and Rent clause leasing the property for a period of three (3) years for a soccer recreation complex. She explained that, in the event that the County is unable, at the end of this lease, to relocate the soccer fields to another suitable location, the County will have the option to renew for two (2) additional one (1) year terms. She stated that the problem was with the irrigation of the soccer fields, noting that the soccer fields need to be watered daily due to the type of grass, which goes against the philosophy of the Lake County Water Authority.
Dr. Robert W. Taylor, Executive Director, Lake County Water Authority, appeared before the Board and stated that the agreement before the Board at this time was not the agreement proposed by the Lake County Water Authority, however, that was not to say that they were not supportive of the concept in the proposed contract. He explained that currently the Water Authority and the Lake Soccer League share in the care of the soccer fields which has led to some problems. He stated that the Water Authority was willing to make the soccer fields available but would like to get out of the maintenance of the fields. He explained that the only clause in the agreement before the Board at this time that the Lake County Water Authority Board has not agreed to in concept was retaining the responsibility for some of the field maintenance.
Commr. Cadwell recommended that the Board go back to the original agreement with the Lake Soccer League which states that the County will pay for the water, and the League would be allowed to build a concession stand, and maintain the soccer fields.
Mr. Mike Stone, Lake Soccer League, Inc., appeared before the Board and explained that the Lake Soccer League was currently doing all of the maintenance at the soccer fields, including fertilization, and mowing, with the exception of the irrigation. He stated that the $200 per month, as listed in the proposed contract, would not work.
Discussion occurred regarding the irrigation of the soccer fields, at which time, Dr. Taylor stated that the Water Authority was in the process of pursuing the use of surface water for irrigation needs; however, at the present time irrigation was being done with ground water.
Commr. Pool stated that the soccer fields were already established and suggested that the Lake County Water Authority retain the pavilion, the boat ramps and the beach, and allow the County to take over the soccer fields. The County could then pay for installation of a water line from Lake Harris to the soccer fields. Discussion occurred regarding ingress and egress to the soccer fields; at which time, Dr. Taylor noted that there was not sufficient space on the leased area to build a parking area.
Mr. Stone stated that, if the Lake Soccer League had a long term lease agreement, they would be able to maintain the soccer fields. He stated that the issue was the distinction between maintenance and irrigation and the proposed idea at the last meeting was to drill another well.
Commr. Cadwell stated that, if the County gives the Lake Soccer League a long term agreement to utilize the property and allow them to build a concession stand to generate funds, the League could maintain the fields.
Commr. Swartz expressed concern with the Board entering into a program where the Board would assume responsibility for an on-going program for one organization in one area of recreation in Lake County. He stated that this has been an example of starting down a troubled path, and it has not worked.
Dr. Taylor noted that the proposed agreement that the Lake County Water Authority submitted in December 1998 included a ten (10) year lease with a renewal option of an additional ten (10) year term.
Commr. Pool stated that it was his understanding that the County invested $100,000 to improve the soccer fields and the Lake County Water Authority was offering to return the $100,000 to the County to acquire fields elsewhere. He stated that the County's goals were to improve Lake Idamere and questioned if there was enough property at Lake Idamere to build an improved park area with soccer fields using the $100,000.
Mr. Anderson stated that there was enough acreage at Lake Idamere to build soccer fields; however, the County would have to site clear the land and level it out which was not the original concept of the use of that land as a small regional park. He provided a brief history of the various agreements and stated that at a meeting on August 12, 1999, with Senator Cowin present, discussion occurred regarding the agreement before the Board at this time.
Commr. Hanson questioned if the Lake County Water Authority would consider selling the land being utilized for soccer fields at Hickory Point to Lake County.
Dr. Taylor stated that selling the fields has been discussed as an option, however, has never been in any formal proposals. He stated that he would be willing to suggest to the Water Authority Board of Directors going back to the initial agreement as suggested by Commr. Cadwell.
In response to a question presented by Commr. Cadwell, Mr. Stone confirmed that Lake Soccer League could generate enough dollars to maintain the facility themselves with a long term agreement that would allow them to invest dollars to build a concession stand that would generate revenue. He stated that their maintenance program could not be successful unless they have control of the water.
Commr. Cadwell explained that, in the original agreement, the Lake Soccer League was to do the irrigation and the County was to pay $200.00 per month for the rights to use the water.
Mr. Anderson stated that they could go back to the original agreement and include language to allow Lake Soccer League to have access to the use of the well and the irrigation equipment.
COMMISSIONER POOL - DISTRICT NO. 2
LAKE COUNTY WATER AUTHORITY
Commr. Pool informed the Board that he, along with the Lake County Water Authority, attended a meeting with the residents that live on Lake Crescent to discuss the channel; at which time, the Lake County Water Authority allocated funding to ensure that the channel would be dredged. He questioned when relief would be forthcoming.
Dr. Robert W. Taylor, Executive Director, Lake County Water Authority, appeared before the Board and report that the Lake County Water Authority has engaged engineers to address the scope of the problem and how to best dredge the channel. He addressed issues pertaining to the harvesting of weeds in the lakes, and stated that the Department of Environmental Protection had control over the harvesting of weeds.
Commr. Pool stated that he did not want to see mechanical harvesters and drag lines in the lakes harvesting the weeds and requested that the Lake County Water Authority prepare a recommendation for the County's consider in regard to perhaps a more stringent ordinance to protect the shore lines.
Commr. Swartz noted that the Lake County Comprehensive Plan has regulations on shore line clearance and questioned if state regulations supercede the County's Comprehensive Plan.
PUBLIC HEARINGS
TENTATIVE BUDGET HEARING
BIENNIAL BUDGET PRESENTATION
Commr. Cadwell opened the tentative budget hearing at 6:00 p.m in the Board Meeting Room. It was noted that a Tentative Budget Hearing booklet, dated October 1, 1999 through September 30, 2000, had been distributed to those present along with a Special Meeting Agenda.
Ms. Sue Whittle, County Manager, stated that the first public hearing was for the purpose of amending and adopting the tentative budget, recomputing the proposed millage rate, if necessary, publicly announcing the percent by which the recomputed proposed millage exceeds the rolled-back rate, and discussion of the specific purposes for which ad valorem tax revenues are being increased. At this time, she read the budget message contained in the Tentative Budget Hearing booklet and stated that the tentative budget for Fiscal Year 2000 totals $206,659,141, which, compared with the current amended budget of $189,082,606, results in an increase of $17,576,535 of which $9,757,144 are rebudgets from the current year. She stated that the tentative Countywide Millage rate was $4.733 per $1,000 of assessed taxable value, the same rate as the current year. The tentative Lake County Ambulance District was $0.316 per $1,000 of assessed taxable value, an increase from the $0.268 rate which prepares for the increase in cost of services when the current contract with Florida Regional EMS expires and other changes in legislation take effect. The tentative Stormwater Management Municipal Taxing Unit was $0.10 per $1,000 of assessed taxable value. This was a new tax specifically designed to help control the pollution of our lakes from various stormwater problems. Revenue this first year was anticipated to be approximately $400,000. She expressed her sincere appreciation to Lake County's Board of County Commissioners, Constitutional Officers, Department and Office Directors, and the staff of the Budget Division for their efforts in assisting her in the completion of the budget.
Ms. Sarah LaMarche, Senior Director, Department of Fiscal and Administrative Services, appeared before the Board to briefly discussed the enhancements list; summary of authorized full-time positions during the last ten fiscal years; a calculation of the proposed millage rates for the current year, the roll-back rate, and the dollar impact; and a graph illustrating the history of new construction in Lake County. She noted that the tentative budget hearing booklet contained pie charts illustrating Revenue By Source - All Funds; Expenditures By Department - All Funds; General Fund Revenue by Source and General Fund Expenditures by Department. She further noted that the booklet contained a Budget Summary, Cash Balance Forward (Revenue), All Contingency and Reserves Combined, and a Budgets Detail.
Ms. Whittle publicly announced that the aggregate rolled-back rate was 4.724 mills, and the aggregate tentative rate was 5.023 mills, which results in a tentative increase over the aggregate rolled-back rate of 6.329%.
At this time, Commr. Cadwell opened the public hearing portion of the meeting.
Mr. Elmer Berol, a resident of Fruitland Park, appeared before the Board to discuss the Trim Notice, which states that General Revenue Fund taxes provide for County services such as 911 emergency communications and emergency response. He questioned over and above the money collected by 911, how much does the general fund contribute to the 911 fund and to county roads.
Ms. LaMarche stated that the general fund does not contribute to the 911 fund and explained that there were printing errors on the Trim Notice. She noted that the Property Appraiser's Office has been notified to correct those errors.
Ms. Whittle explained that the 911 funds are a part of the County's general fund but they are not funded by ad valorem taxes.
Mr. Berol further discussed cable franchise fees paid to Lake County pursuant to the agreement between the County and Comcast Cablevision and the formula used by the cable company to figure franchise fees paid Lake County.
Ms. Nancy Fullerton, President, Save Our Lakes Committee, appeared before the Board in support of the Stormwater Management MSTU and stated that she was very encouraged to see that there was an item for a proposed tax for stormwater, however, was concerned with the small amount of the tax. She expressed appreciation to the Board for responding to the immediate need of Lake County's lakes and wetlands. She stated that the Save Our Lakes Committee was requesting that the Board support the proposed stormwater summit, as suggested by Mr. Joe Hill, and approve the Stormwater Management MSTU Millage rate of .100.
Mr. Roy Hunter, President, Northeast Lake Chamber of Commerce, appeared before the Board and expressed appreciation to the Board for assistance with the improvements in northeast Lake County. He discussed the needs in the northeast Lake County area, and stated that the residents in northeast Lake County feel that this was another tax that they are required to pay to help the rest of the County. He stated that, for them to justify any increase in tax, they need more compensation for what they are already paying.
Mr. James Page, Chairman, Lake County Advisory Library Board, appeared before the Board in support of the enhancement of $60,000 for the library construction grant match for Fruitland Park, Lady Lake, and Umatilla.
Mr. Larry Walker, representing the City of Groveland, appeared before the Board and read a letter from Jason Yarborough, City Manager, City of Groveland, to the Board expressing the City of Groveland's efforts to provide a mixed use library system comprised of both cooperative and consolidated libraries and encourages the Board to approve and fund a consolidated library in the City of Groveland.
Ms. Ann Griffin, a resident of Leesburg, appeared before the Board in support of the Stormwater Management MSTU and noted that stormwater run off could be responsible for the algae in the entire Harris Chain of Lakes and could affect the health of the residents of Lake County.
Ms. Nadine Foley, a resident of Umatilla, speaking on behalf of the Environmental Protection Advisory Board, Lake Soil and Water Conservation District, and the Lake County Conservation Council, appeared before the Board in support of the Stormwater Management MSTU.
Mr. Charles Deckman, a resident of Pine Lakes, appeared before the Board and requested that the Board not start new projects before completing old project. He questioned where the taxpayers money was going, why the roads remain in bad shape and expressed concern that there was inadequate parking for the citizens who have business at County buildings.
There being no further public comment, the public hearing portion of the meeting was closed.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the tentative General Fund Millage Rate of 4.733 for Fiscal Year 1999-2000.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously by a 5 - 0 vote, the Board approved the tentative Lake County Ambulance District Millage Rate of .316 for Fiscal Year 1999-2000.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to approve the tentative Stormwater Management MSTU Millage rate of .100 for Fiscal Year 1999-2000.
Commr. Pool stated, for the record, that he does support a fee for stormwater management, however, was not in support of two governmental bureaucracies dealing with the problem. He stated that the Lake County Water Authority should be charged with that responsibility. He further stated that he was not supportive of charging County residents only and excluding the city residents.
Commr. Hanson stated that last year approximately $384,000 was spent on stormwater associated costs and the County had no Stormwater Management MSTU. She expressed concern that the $403,831 that will be raised this year with the MSTU will go toward setting up a bureaucracy to deal with stormwater. She stated that she strongly agrees with funding for stormwater and just as strongly disagrees that the County was the bureaucracy to implement the program. She noted that the $384,000 that was spent on stormwater last year was not being rebudgeted for Fiscal Year 1999-2000.
The Chairman called for a vote on the motion, which carried by a 3 - 2 vote.
Commr. Hanson and Commr. Pool voted in opposition.
Commr. Cadwell announced that the Board would now consider any amendments to the tentative budget and would adopt the tentative budget.
At this time, Commr. Swartz directed the Board's attention to Lake County, Florida Library Team Plan 1, which had been distributed to the Board prior to the discussion. He proposed an amendment pursuant to a recommendation by the Lake County Library Team in support of Plan I. He stated that he indicated at the Library Team meeting an interest to move forward this year with Plan I, even though there was no dedicated funding source for libraries for Fiscal Year 1999-2000 within the confines of the existing budget, and to address a permanent funding source next year. He discussed the capital and operating costs under Plan I for Groveland, Mt. Plymouth, and Four Corners for Fiscal Year 1999-2000. He stated that he was recommending for Fiscal Year 1999-2000 that the operating costs, in the amount of $473,000, come from the Special Reserve Fund; and that the capital costs, in the amount of $855,000, come from Infrastructure Sales Tax. It was noted that the Special Reserve Fund and the Infrastructure Sales Tax currently exists in the current budget and that this recommendation would not change the budget. He explained that Astor, Bassville Park/Mall and Paisley would be included in the Plan in Fiscal Year 2000-2001.
Commr. Hanson stated that she recognizes the need for libraries in the rural areas; however, if the County had shifted the stormwater management fee to the Lake County Water Authority, a funding source could be provided for the Library System on an on-going basis through the millage rate or a MSTU for libraries.
Commr. Swartz made a motion, which was seconded by Commr. Gerber (for the purpose of discussion), to amend the tentative budget to increase operating costs, in the amount of $473,000 from the Special Reserve Fund; and to increase the capital costs, in the amount of $855,000 from Infrastructure Sales Tax for the Lake County Library System.
Commr. Hanson noted that the capital expenses for only three (3) libraries would increase $855,000 for Fiscal Year 1999-2000. She expressed concern that there was not a long term consideration for a funding sources. She stated that she would vote in opposition to the motion because she has not had time to evaluate the long term financial impact.
Commr. Swartz stated that it would have been his intention to present a library MSTU for the funding of the Library System; however, the committee report was not prepared in time to consider including that in the tentative millage. He stated that the County cannot continue to fund the Library System for more than one year without going to some type of dedicated funding source if the County wants to move forward in any way.
Commr. Gerber and Commr. Pool stated that they would support the amendment subject to further review.
The Chairman called for a vote on the motion, which carried by a 4 - 1 vote.
Commr. Hanson voted in opposition.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4 - 1 vote, the Board approved the tentative amended County budget for Fiscal Year 1999-2000, as follows:
General Fund Budget - $76,016,462
Lake County Ambulance District Budget - $2,765,688
Stormwater Management MSTU Budget - %403,821
Commr. Hanson voted in opposition.
Commr. Cadwell announced that the public hearing for final adoption of the budget has been scheduled on September 21, 1999, at 6:00 p.m., or as soon thereafter as possible, in the Board Meeting Room at the Lake County Administration Building, 315 West Main Street, Tavares, Florida.
ORDINANCES/PLANNING
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance amending the Lake County Land Development Regulations Chapter 2 and Section 3.01.02, Section 3.01.03 and Section 3.01.04 relating to pigeons, on the floor for its second and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS; AMENDING CHAPTER II, DEFINITIONS; AMENDING CHAPTER III, ZONING DISTRICT REGULATIONS; PROVIDING FOR THE AMENDMENT OF SECTIONS 3.01.02, 3.01.03 AND 3.01.04; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
At this time, Commr. Cadwell 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. Pool, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Ordinance No. 1999-91, an Ordinance amending the Lake County Land Development Regulations Chapter 2 and Section 3.01.02, Section 3.01.03 and Section 3.01.04 relating to pigeons, as read on its final reading by title only.
MEETINGS
Commr. Cadwell announced that the Board would be hosting a Y2K Citizen Conversation at 6:00 p.m. on September 9, 1999 at the Paul W. Williams Fine Arts Center, Lake Sumter Community College, to discuss potential Year 2000 computer problems for financial institutions, utilities, safety, telecommunications, government operations, and other necessities.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 7:05 p.m.
__________________________________ WELTON G. CADWELL, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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