The Lake County Board of County Commissioners met in regular session on Tuesday, October 5, 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; Rhonda H. Gerber; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Cadwell noted that there were two addendums to the regular agenda for today's meeting.
Ms. Sue Whittle, County Manager, stated that she would like to add an update, under her business, on the Florida Hospital Waterman ambulance contract issue.
Commr. Cadwell stated that, under his business, he would like to add the appointment to the Lake County Community Action Agency, which would require a vote by the Board.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add the appointment to the Lake County Community Action Agency to the agenda under Commr. Cadwell's reports.
MINUTES
Discussion occurred regarding the Minutes of August 31, 1999, Special Meeting, with the following changes being made:
Page 4, Line 6 - Add: "less advantageous to Lake County than Lake County's contract"
Page 6, Line 14 - Correct: Okachobee to Okeechobee
Commr. Hanson questioned when the Board would have an update on the Ogden Martin issue.
Mr. Sandy Minkoff, County Attorney, reported that yesterday he met with a group of city attorneys and got some insight and opinions from them on how the County should choose, and who it should choose, for an attorney. They will be submitting some names to him, and staff is looking for some others, so hopefully, in the next week, staff will be bringing this back to the Board. Mr. Minkoff stated that they will be looking for a firm that can do eminent domains, but it can also look into the other issue that was raised about the contract dispute itself.
Commr. Hanson questioned when the Board would know about the employee survey.
Ms. Sue Whittle, County Manager, stated that Ms. Lourdes Ramos, Human Resources Director, has been working on the employee survey, and she did not have the status of the issue to report to the Board.
Commr. Hanson stated that she would like to see the employee survey move forward as rapidly as possible.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 31, 1999, Special Meeting, as corrected.
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 Items 1 through 4, Clerk of Courts' Consent Agenda, for the following requests:
Accounts Allowed
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.
Bonds - Contractor
Request to approve the following Contractor Bonds, as follows:
New
181-2000 Aubrey C. Munn/Munn Sales & Serv Inc. (Heating & A/C)
1758-2000 Charles A. Clifton dba West Volusia Plumbing, Inc.
4210-2000 Carl Munn/Munn Sales & Serv Inc. (Heating & A/C)
4528-2000 Vincent M. Razzano dba Rens Plumbing, Inc. (Plumbing)
4554-2000 Dick Proctor Custom Homes (Residential)
Cancellations
4614-99 Southern Cleaning Home Repairs Inc. (General Contractor)
4746-99 Tom K. Dougherty
Name Change
4349-2000 Ronald E. Northcutt
Utilities
Acknowledged receipt of the following: Before the Florida Public Service Commission, Notice of Cancellation of Commission Hearing to Mark D. Ridley and All Other Interested Persons, Docket No. 971279-TC, In Re: Cancellation by Florida Public Service Commission of Pay Telephone Certificate No. 3905 Issued to Mark D. Ridley for Violation of Rule 25-4.0161, F.A.C., Regulatory Assessment Fees. Notice of Public Hearing - Friday, September 3, 1999, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida - has been canceled.
Municipalities/Ordinances/Resolutions
Received from The Town of Lady Lake the following copies of recorded ordinances and resolutions that were passed, ordained, and approved by the Town Commission of the Town of Lady Lake:
Ordinance 99-17 Ordinance 99-18
Ordinance 99-19 Ordinance 99-20
Ordinance 99-21 Ordinance 99-22
Ordinance 99-23 Ordinance 99-24
Ordinance 99-25 Ordinance 99-26
Ordinance 99-27 Ordinance 99-28
Resolution 99-100 Resolution 99-101
Resolution 99-102 Resolution 99-103
COUNTY MANAGER'S CONSENT AGENDA
ADDENDUM NO. 1
Ms. Sue Whittle, County Manager, requested that Tab 5 and Tab 11 be removed from the County Manager's Consent Agenda.
Under discussion, with regards to the request from the Sheriff's Department's about the substation in Astor, Commr. Hanson questioned whether the County was doing anything with the substation in Lake Mack.
Ms. Whittle indicated that she was unaware of anything taking place with the substation in Lake Mack.
Commr. Hanson stated that staff may want to check with the Sheriff's Department, because they may be waiting on the County to do something, and maybe there has been no communication.
Commr. Gerber requested that Tab 26 be pulled from the County Manager's Consent Agenda for discussion.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Tabs 3 through 27 for the following requests, with the exception of Tabs 5 and 11, which had been withdrawn by the County Manager, and Tab 26 which was pulled for discussion by Commr. Gerber, and including Addendum No. 1, I. A. 1 and 2:
Communication Systems/Ordinances
Request for approval to advertise for a revised Ordinance to the Lake County Cable Communications Ordinance as existing (Chapter 13, Article VII and Chapter 6.5).
Economic Development
Request for approval of changes to the Impact Fee Deferral Guidelines.
Accounts Allowed/Contracts, Leases & Agreements/Grants/Municipalities/Recreation
Request for approval for the Chairman to execute an Interlocal Agreement between Lake County and the Town of Lady Lake (in the amount of $15,000.00), recipients of the grant for FY 99/00 from the Parks and Recreation Capital Improvement Grant Program.
Accounts Allowed/Contracts, Leases & Agreements/Sheriff's Department
Request for approval and signature for renewal of the Lease Agreement for the Sheriff Substation located in Astor in the amount of $6,300.00.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval and signature for renewal of the Lease Agreement for the South Lake Annex in Clermont in the amount of $22,200.00.
Accounts Allowed/Contracts, Leases & Agreements/Municipalities
Request for approval and signature for renewal of the Lease Agreement for the office space for Guardian Ad Litem in Tavares in the amount of $7,997.52.
Contracts, Leases & Agreements/Subdivisions/Growth Management
Request for approval to accept and execute an Agreement between Lake County and Maesbury Homes for the issuance of four building permits on lots 1, 2, 3 and 29 in the Woodridge Phase III Subdivision prior to the acceptance and recordation of the final plat - Subdivision consists of 29 lots - Commissioner District 2.
Personnel
Request for approval and execution of Certificates for employees with one and three years of service.
Public Works/Roads-County & State
Request for approval of road name change for the following three roads to Citrus Tower Boulevard:
1. Grand Highway Road (CR 2-1445) from U.S. 27 to intersection of Mohawk Road (CR 2-1548).
2. Mohawk Road (CR 2-1548) from intersection of Grand Highway Road (CR 2-1445) to the intersection of East Jacks Lake Road (CR 2-1350).
3. East Jacks Lake Road (CR 2-1350) from SR-50 to Mohawk Road (CR 2-1548).
Accounts Allowed/Bids/Road Projects
Request for authorization to advertise for bids for Robbins Road, Peebles Drive and Carolyn Lane, Paving Project No. 1-00, at an estimated cost of $330,000.00, from the Transportation Trust Fund - Commissioner District 3.
Accounts Allowed/Bids/Road Projects
Request for authorization to advertise for bids for Lake Harris Shores Reconstructing and Resurfacing (Phase III), Project No. 2-00, at an estimated cost of $178,000.00 from the Transportation Trust Fund - Commissioner District 3.
Accounts Allowed/Subdivisions
Request for authorization to release a letter of credit, in the amount of $22,820.25 that was posted for maintenance of the Park Place Phase II Subdivision.
Accounts Allowed/Subdivisions
Request for authorization to release a letter of credit, in the amount of $19,500.00 that was posted for maintenance of the Greenbriar Subdivision.
Accounts Allowed/Bonds/Subdivisions
Request for authorization to release a maintenance bond, in the amount of $32,429.00 that was posted for the Greater Hills Phase 8-A Subdivision.
Accounts Allowed/Bonds/Subdivisions
Request for authorization to release a maintenance bond, in the amount of $14,480.00 that was posted for the Greater Groves Phase V Subdivision.
Accounts Allowed/Subdivisions
Request for authorization to release a letter of credit, in the amount of $70,500.00 that was posted for maintenance of the Lake Crescent Pines East Subdivision.
Accounts Allowed/Bonds/Subdivision
Request for authorization to release a maintenance bond, in the amount of $8,716.00 that was posted for the Secret Hill Subdivision.
Accounts Allowed/Bonds/Subdivisions
Request for authorization to release a maintenance bond, in the amount of $33,200.00 that was posted for the Greater Pines Phase 4 Subdivision.
Accounts Allowed/Bonds/Subdivisions
Request for authorization to release a maintenance bond, in the amount of $77,412.93 that was posted for the Greater Pines Phase 2 Subdivision.
Accounts Allowed/Bonds/Subdivisions
Request for authorization to release a maintenance bond, in the amount of $12,658.00 that was posted for the Oak Pointe Subdivision.
Accounts Allowed/Bids/Road Projects
Request for approval to award CR 2/3-2729 East Dewey Robbins Road (Phase 1) Paving Project No. 8-99, Bid No. 99-170, to Lem Bryant Land Clearing and to encumber and expend funds in the amount of $487,162.00 from the Road Impact Fee Fund - Benefit District 4 - Commissioner Districts 2/3.
Resolutions/Solid Waste
Request for approval of Proclamation 1999-177 recognizing November 15 as Lake County Recycles Day in conjunction with Florida Recycles Day and America Recycles Day.
PERSONAL APPEARANCES
EMPLOYEE AWARDS
Commr. Cadwell presented the following awards and plaques, as Ms. Gwen Benton, Personnel Officer, provided information about each employee:
Presentation of Plaque to Employees with Five Years of Service
Wendy D. Linzey, Environmental Inspector I, Growth Management/Code Enforcement
Michael A. Smith, Equipment Operator I, Public Works/Roads/Maintenance Area I
(not present)
Presentation of Plaque to Employee with Ten Years of Service
Steven G. LaFleur, District Chief, Emergency Services, Fire Rescue (not present)
Robert H. Romine, Equipment Operator III, Public Works/Roads/Maintenance Area I
BOARD/COMMITTEE PRESENTATIONS
PLAQUES
Citizens' Commission for Children
Robert Froeman
CERTIFICATES
Cultural Affairs Council
Susan Boykin
Carman Cullen
Maria Lawton (not present)
Jan Smith (not present)
Industrial Development Authority
Michael H. Conley (not present)
Library Board
Dr. Beula Ayris (not present)
ADDENDUM NO. 2
PERSONAL APPEARANCES - PRESENTATION
RESOLUTIONS/MUNICIPALITIES
Commr. Hanson presented Proclamation 1999-161 to Mr. Bob White, Co-Chairman of the Mount Dora Bicycle Festival Committee, for their 25th Anniversary.
PUBLIC HEARING
ORDINANCES/COUNTY BUILDINGS
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 1999-100, if approved by the Board:
An Ordinance of the Board of County Commissioners of Lake County, Florida; Creating Section 9-8 of the Lake County Code, Regarding Public Use of the Lake County Judicial Center; Providing for Enforcement; Providing for Inclusion in the Lake County Code; Providing for Severability; and Providing an Effective Date.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Gerber made a motion, which was seconded by Commr. Pool, to approve Ordinance 1999-100, as read by title only.
Under discussion, Commr. Swartz stated that it was important that the Board make available other County facilities, the Old Historic Courthouse, and the rotunda in Administration Building, because there are a number of programs that have been held in the Judicial Center in the past that will not be allowed under this Ordinance.
The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote.
PRESENTATION
FINAL REPORT OF THE LAKE COUNTY ACCESS TO CARE STUDY
Mr. Fletcher Smith, Senior Director of Community Services, introduced the following members of the Lake County Comprehensive Health Care Committee who were present for the meeting: Dr. Tully Patrowicz; Jack Hargrove; Allison Hill-Thall; Tom Wetherington; and Connie Shoemaker, Coordinator of the We Care Program. Mr. Smith stated that, in August, 1998, the North Central Florida Health Planning Council, Inc. (NCFHPC) initiated the Health Care Study, which the Board has before it today.
Mr. Jack Hargrove, Jr. stated that the Lake County Comprehensive Health Care Committee was appointed by the Board, and for approximately two years, the Committee has been studying indigent health care in Lake County. He noted that Commr. Hanson serves as the liaison to the Committee.
Dr. Patrowicz addressed the Board to discuss the Lake County Access to Care Study 1999 Final Report. He stated that, on behalf of the Lake County Comprehensive Health Care Committee, and Mr. Jack Hargrove, its Chairman, he wished to express their appreciation to the Board for their underwriting and cooperation with the four area hospitals, including the Lifestream Behavioral Center, and the Lake County Access to Care Study 1999, which cost $25,000. Dr. Patrowicz stated that, because of the length of the report, the Board may want to refer to the first 35 pages, and Appendix H, which shows how the County Health Care Budget of 10 to 11 million dollars is apportioned between the various functions. He stated that there are an estimated 25,000 to 30,000 Lake County residents that are uninsured at any given point in time. He noted that 8,000 are children;15,000 of these range from young adults to the age of 44; and 7,600 range from 45 to 64. Generally speaking, those who are 65 and older are covered through Medicare. Dr. Patrowicz explained that, in the news reports, it was been pointed out that there were 38 million Americans five years ago that were uninsured, and now the number is up to 44 million in the United States, which represents about one-sixth of the population. Based on the census data, 41% of Lake County residents have incomes of less than $25,000 per year. He stated that 60% of the respondents in this study that had recorded incomes of $25,000 or less had no health insurance. Dr. Patrowicz stated that in 1994, hospitals alone in the United States provided $12 billion in uncompensated care, and most of that was to the uninsured. He stated that Lake County cannot expect State or Federal help with the local problem. He further stated that this study for Lake County points to several rational pathways to mitigating, and at least partially solving, the County's dilemma. Dr. Patrowicz stated that the essentials developed through this study are basically three items, as follows: 1) to develop a central information and referral resource, which would include public education, outreach, online services, and a case management system; 2) to develop a pool purchasing program for pharmaceuticals; and 3) to develop a coordinated primary health care network of professionals to serve the medically indigent. At this time, he noted that Mr. Bob Fowler was present from the NCFHPC who helped prepare this report. Dr. Patrowicz stated that his own sentiment is to first try the simple things that have the least fiscal impact and are the easiest to adopt. It will require new money, and the Board is one of the sources providing that money, as well as the hospital taxing district boards.
Commr. Hanson stated that the report indicates that Lake County is spending $500,000 for inmate medical services per year, but those folks have probably been getting the best care in the County and the highest per capita spending in the County.
Commr. Gerber stated that she has a meeting scheduled with staff to discuss the issue of medical services for inmates, to see if the County is meeting the requirements of the Department of Corrections (DOC), or if the County is exceeding those requirements. She stated that a presentation was made to the Kiwanis Club a couple of weeks ago by a physician from the ORMC Group who is doing case management in Lake County, and she questioned whether the County could integrate its case management with them.
Dr. Patrowicz stated that he did not think that there was any option that was not worth considering, and he was not aware of this possibility, but these kinds of things will be brought forward to the smaller subcommittee. He did note that the case management being performed by ORMC was not just for indigent care.
Discussion occurred regarding health care insurance and small employers typically not being able to afford it for their employees.
Commr. Hanson stated that she was interested in the comments made about case management, because last year the Board funded the community directory through United Way, so it all needs to be coordinated. The next step to be taken by United Way will be to move into case management, and again, the Board is looking at another opportunity for coordination between the different folks providing services.
Dr. Patrowicz stated that he contacted United Way, and they have a wonderful resource of central information of services available in Lake County, however, it does not address health care issues in a very precise way. He stated that some other agency, or United Way, if they wish to do something with this gap, may need to be explored. The We Care Board is going to look at it, and the hospitals at this point, have not expressed a strong interest, at least in the subcommittee meeting. Dr. Patrowicz stated that the next step is to see the subcommittee make its recommendations to the full committee, as to a total program, or pieces of a program, and to let them begin to implement it, which means that there will be a fiscal impact, and in his estimation, it has to be shared between County, taxing district boards, and the community at large and the private sector.
Commr. Swartz stated that, as he read the report and the backup documentation, he saw what appeared to be a lot of interesting ideas, but he was surprised that, when he turned to the recommendations, he found them to be very general and really did not touch on many specifics. He questioned whether the Board should expect something much more to come at a later date.
Dr. Patrowicz stated that the two ideas, the pharmaceutical and central information, will be the easiest to put in place. The most difficult one is the latter one, to develop this comprehensive coverage by primary health care professionals throughout the County, however, parts of that are already in place. He stated that, in response to Commr. Swartz's question, he thinks that a slow, deliberate effort is what is necessary.
Mr. Hargrove stated that this study has been carefully deliberated by the 15 member committee, and he believes that the study is something of a compromise, and it is a starting point, and once this study is put into operation, it will be something that will grow and will develop more meaning as time goes on. He feels that the hospitals are firmly behind the study, as presented, and he believes there is some discussion in the County as to where the funding will come from and does the hospital use hospital taxing district funds for indigent health care. He noted that there is one taxing district covering the Leesburg and the Waterman area, and there is a separate taxing district covering the South Lake District. Mr. Hargrove stated that, if the County starts slowly and starts with what is being recommended, he believes that they can demonstrate where the funding will come from as time goes on.
Commr. Hanson stated that she was concerned with the study when she first saw it, because it mostly leaned on a voucher program. The funding would come straight back to the County Commission, so although the idea is innovative and it probably has some merit, it might very well fit into the total plan, but again she feels that they need to look at all of the resources that are available for health care and how they can be coordinated to provide the services needed. She feels that this study, maybe by design and maybe because the Board did not ask for it to go far enough, did not go to that ultimate strategic plan that the County needs, and that is why a subcommittee was created, and the Board is looking to them to come up with a solution. She noted that there should be someone on the subcommittee to represent the County.
Commr. Swartz questioned whether the Lake County Comprehensive Health Care Committee had some type of time frame as to when the Board should expect more of a complete recommendation. He stated that he had supported the independent study, because the Board would have recommendations coming back from an independent agency that looked at Lake County, studied its needs and resources and came back with a recommendation for how to structure health care primarily for those who are unable to access it. He questioned again the timetable that the Board expects the subcommittee and the Health Care Committee to come back with more detailed recommendations on how the County approaches changing the model as it currently exists.
Dr. Patrowicz explained that, at this point, no timetable has been set, however, that can be set by the Comprehensive Health Care Committee. He noted that there was a schedule on Page 35 of the Study, which provides the Board with the activities and the persons responsible. He explained that the study is the foundation where the County builds to go on, and he feels that the timetable is a judgment call that the Comprehensive Health Care Committee will be able to provide.
Commr. Hanson stated that, while this study did not go far enough, she feels that maybe there was a misunderstanding from the very beginning, but she understood that the Board would have a strategic plan, yet the $25,000 that was paid did not cover a strategic plan. She stated that the Board could take the next step and extend the study and go for a strategic plan. She has met with all of the hospitals and their attorneys and everyone feels that the County needs to do something better, and if everyone meets at the table, with a County representative, she feels that they can develop some solutions, and she feels that they do need to put a time frame on it, and if that is not satisfactory, then the Board may need to go back out for further assistance.
Dr. Patrowicz questioned what kind of time frame the Board would consider as reasonable and would give the Board members confidence that they are moving forward.
Commr. Swartz stated that he fully expected it was going to be in this report, and that was his understanding of what the County went out for and what he fully expected. The next stage was to take all of the ideas, and the options and models, and fashion one for Lake County, based on what they have done up to that point. He stated that the reasons why he felt like the County needed to have an outside organization look at this was because of all of the competing factors that exist within the community looking at this very issue, because it involves funding, existing funding, and future funding. Commr. Swartz stated that he thinks that the subcommittee and the Comprehensive Health Care Committee should be able to come back within six months. If they cannot, then the Board must recognize that this group probably cannot put together a plan, because of the difficulties of these relationships. He suggested that maybe the Comprehensive Health Care Committee can decide whether or not this is a reasonable time line, and if they cannot, then bring that answer back to the Board.
Mr. Hargrove stated that, if the Board adopted their study, and the recommendations that they are making today, then that would be the charge back to the Comprehensive Health Care Committee.
Commr. Swartz stated that, in regard to the hospital taxing districts, there was a time when they principally provided funding for small community hospitals that desperately needed the funding, in order to provide health care, whether for indigents or otherwise. He stated that times have changed, and all three hospitals are now aligned with large hospital organizations. Two and maybe all three have large foundation endowments that are putting back out into the community through those foundations. He stated that the County is reaching a time when everybody needs to understand that the taxing districts may need to serve a different purpose, which have historically served with the small community hospitals. He noted that the County was bringing in about $8 million in taxpayer supported funding between the Northwest, Northeast and the South Lake Hospital Districts. He hopes that they will come back with some serious recommendations shortly, and if the Comprehensive Health Care Committee does not feels comfortable with that time line, he wanted them to come back and let the Board know right away. He stressed that he was afraid that, if the Board does not see the underlying foundation upon which the County is going to build the delivery of health care for those who are unable to access it, then he does not have any confidence that the County will reach some plan that is better than what is has today.
Mr. Hargrove pointed out that the Comprehensive Health Care Committee is going to have a public forum to discuss what action it is planning to take and this is the next step in the process.
Commr. Hanson stated that she felt that the six months was reasonable, because of the urgency that is there, and she felt that they needed to meet more often, if necessary, and she would serve on that committee, too, if they would like her to.
Commr. Swartz stated that every budget year, about midway through the year to the end of the year, the Board starts taking Reserve Funds out of the General Fund and putting them into nursing and Medicaid Hospital costs. He does not believe that the taxpayers of Lake County really realize how much in additional dollars go into these things each year, and based on State legislation, there is no cap to them. The taxpayers are already being taxed $8 million through their hospital taxing districts, and he believes that, if it were spent in an efficient, effective, humane primary health care system, there would be less costs at the back end of the system as is being delivered today.
Dr. Patrowicz stated that the effort has to be not just from hospital budgets, but it has to be a broad brush across the entire community, because it is a societal problem.
Commr. Pool stated that he was concerned that many of the people are using the emergency rooms for their primary care, which is a huge expense to the hospitals. He stated that, if they could see a savings by contributing back to the County health departments, keeping clinics either opened longer, or providing more services, then those indigent care people would not go to the emergency room for primary care, and they would go to the County health department. He stated that the County could save a lot of money by redirecting those dollars away from the emergency room back to the patient and educating them with what services the County can provide. Commr. Pool encouraged the Board members to at least take the one recommendation, which was to at least look at the opportunity to reopen a facility in South Lake County.
Dr. Patrowicz stated that he would ask the Board to sit down and determine whether or not the County has money for this, because it would send the proper signal to all of the other organizations, both the private sector as well as the public.
Commr. Hanson stated that the County does have a pot of money, which is currently about $11 million, that it is spending on health care, and if asked whether the $11 million can be spent in a better way, and if it is determined that things can be redone, then it needs to go back and look at where it can get additional dollars to do what it needs to do. She addressed the issue of the episodic health care unit in Marion County and noted that, as the study indicates, it will not work in Lake County, because it has three different hospitals. She stated that it depends on what comes out of the subcommittee and their final report, but there could be a clinic, as suggested, that is coordinated with each of the hospitals throughout the County.
Commr. Swartz stated that, if there was an overall system that the Board could have confidence in and would provide the type of health care coverage that everyone is seeking, and if all of the sources of revenue were considered, and it was clear that additional funds were necessary to do that, then he would probably support it. He stated that the Board has a record, in recent history, of looking at how it could organize the fire system, and then enacting what was necessary to fund it. He stated that it did this with libraries most recently, and he suspected that it would do it with health care.
Commr. Cadwell noted that the Board had a letter from the League of Women Voters of Lake County citing positions of the US League of Women Voters and the Women Voters of Florida and asking the Board to move forward with the recommendations and implementation in a timely fashion. He noted that the letter would go into the record.
RECESS & REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would take a ten minute break.
CITIZEN, QUESTIONS AND COMMENT PERIOD
ZONING
Mr. Oscar Taylor, Astor Forest Campsites, addressed the Board and presented a copy of the Astor Forest Campsites map and stated that he had with him a pamphlet that the buyers in Astor Forest Campsites received when they bought their property. Mr. Taylor explained that the owner, Mr. A. M. Collins, dissolved the corporation on December 19, 1979. Mr. Collins had 100% of all of the assets, and he transferred all of the assets from Astor Forest Campsites into his name. Mr. Taylor stated that, on the map, it shows recreation areas, Blue Creek landing, a swimming pool, Rogers Lake, and two parcels on Alligator, and he can find nothing in the dissolution of the campsites that indicates that Mr. Collins transferred anything other than a few parcels of lots and mortgages into his name. Unfortunately Mr. Collins has died since that time. Mr. Taylor stated that Mr. Collins did not transfer any of this into his name, and he left it in the name of Astor Forest Campsites. Therefore, it still belongs to the people, and they have rights and privileges over all of these things. He stated that the property was rezoned in 1991, and there was nothing in the paper, and there were no notices put on the property. Mr. Taylor asked the Board to help the people in the community, and to stop any future building permits or anything else on the recreation areas. He noted that on August 13, 1999, the piece known as the swimming pool, was sold by Mr. Bailey in the amount of $15,000. He further noted that Mr. Bailey was the owner after Mr. Collins, and he is in the process of taking control of the area on the river off of Alligator.
Commr. Cadwell stated that the Board will have the County Attorney's Office research the rezoning and determine whether what was done was legal, and at that point, they can meet with Mr. Taylor. He stated that, if everything was done legally, Mr. Taylor may have some civil recourse against the owners.
Commr. Hanson stated that she was of the understanding that there was some urgency to this issue, because a house is in the process of being permitted.
Mr. Jerry Schlott stated that he lives two houses down from this property. He discussed the $15,000 price that the gentleman paid to purchase the property and stated that he understands that he now wants to develop a marina, which will be a commercial enterprise in a residential area. He stated that he does not care if they own the property, because it is a liability to own it, because it has so many restrictions against it. To lift the restrictions, there has to be publication, and no publication has been made, and no member of the campsites has been contacted by registered mail. Mr. Schlott stated that there has to be an injunction or something against these realtors, because they are adamant about putting a fence around them, and they have already peeled back the woods.
Mr. Thomas Sullivan stated that he was a former member of the Campsites Association. He discussed some of things that took place at the meetings and noted that, at the last meeting, which was held September 8, 1999, the people that were involved with the purchase of the property used scare tactics to scare the people by telling them that they were going to lose the boat launch on the water. He noted that those same people had already purchased the property on August 23, 1999.
Commr. Swartz stated that the County Attorney's Office will review this as quickly as possible, but it looks like the people need some type of council themselves.
Mr. Sandy Minkoff, County Attorney, noted that his office would start its review of the rezoning today or tomorrow.
Commr. Hanson stated that, in the mean time, the people may want to take some type of action themselves, so they need to get with the Association's attorney right away.
Commr. Cadwell explained that the Board has no power over homeowner associations.
ROAD-COUNTY & STATE/SIGNS
Mr. Robert Daily, Gooseberry Road, Lisbon, addressed the Board to discuss the problem with through truck traffic on Gooseberry Road. He stated that the problem started last November, and he brought it to the attention of the Sheriff's Department. After getting no satisfaction from the officers who responded to his calls, he met with the Sheriff who contacted the County Attorney's Office to get a description of the law. The Sheriff explained that any truck, one ton or more, was exempt from the use of the road, except for local delivery or residency, but the Sheriff indicated that he could not enforce the law, because he would have to give everybody in a pickup truck a ticket. Mr. Daily was of the understanding that the State legislature passed a law that exempted pickup trucks from that rule. He stated that they contacted the Department of Transportation (DOT), and they took the "No Through Trucks" signs down on Gooseberry Road. They put up a "No Trucks" sign, but on Emeralda Avenue, which is off of SR 44, they put a sign that said "No Through Trucks". Mr. Daily stated that the law says that, if the driver cannot see the sign before he is committed to the turn, the law cannot be enforced. Now there is a warning sign at the intersection of Gooseberry Road and Emeralda Avenue. He stated that most of the dump trucks are adhering to the signs, but there are still tractor trailers coming through there, which are over the weight limit. He was concerned that the road was so small, and it has so many curves that a truck restriction should be put back on it. He believes that the original sign should be put back up and it should be enforced. He does not want to see the road torn up.
Commr. Cadwell suggested that Mr. Daily meet with Mr. Jim Stivender, Senior Director of Public Works, to see about doing some resignage in this area.
Mr. Daily stated that the first curve to the second curve on his road is less than one-eighth of a mile, and in that space, there are three road frontages and 18 driveways. The speed limit at the far end of the road is 45 miles per hour, and he had asked about getting a 30 miles per hour speed limit from the first curve to the last curve. He was told that it is residential in that area, so it should be 30 miles per hour, but the Sheriff's Department says they cannot enforce it, because there is no sign.
Commr. Cadwell stated that, if there were any changes that needed to be made, Mr. Stivender will bring them to the Board for Board action.
COMMUNITY SERVICES/COURTS-JUDGES
Mr. Travis Wigham addressed the Board and suggested that the County get a group insurance policy where major insurance companies bid on insurance for the community, and then each of the policy holders, which would be those people who would qualify as being indigent, would have an insurance card, with a low premium such as $25 a month. Mr. Wigham stated that there would be a great savings in the breakdown of hospital bills, because those people could make doctor visits and other things that they cannot do now, which would eliminate the possibility of them being admitted to a hospital later on and accumulating large hospital bills that they would be unable to pay.
Mr. Wigham stated that the main reason for being in front of the Board today was his teenage daughter who has a lot of major problems. He stated that, for the past two years, he has tried, through different people and organizations, to get help for his daughter, but she has been able to get out of the system and get out on the streets and do whatever she wants to do. He suggested that the County form one center within the County, that has an agent from every County resource center, to be available to people with the same types of problems, and to have them located in one central office, so that everyone has a complete history of events on the juvenile. He feels that this would save the taxpayers a lot of money. Mr. Wigham explained that the Sheriff's Department has not done a very good job of taking care of the youth. He feels that his daughter could get better help right now than what she is getting, but the times when she did wrong in the past, the law enforcement officers took no action. When she finally gets the attention of the Department of Juvenile Justice, they cannot place her in any type of program, because she does not have enough of an arrest record. Mr. Wigham stated that it is not because the children are not doing the things to have a record, but it is because the laws are not being enforced to straighten the children out before they go on to worst crimes. He stated that the County needs resources to help take care of children when they are younger, so they do not grow up and commit bigger and worse crimes.
Commr. Gerber explained that she has heard several stories of this type, and it all starts about the age of 13 when children get kicked into the Department of Children and Families (DCF), and then the Boys Ranch, and the two agencies have no idea what one or the other is doing, and the kids get lost in the system. They go to foster parents and they run away, and then years go by and they do not have enough of an arrest record to reach the level where they can get any real care.
Mr. Wigham explained that children have to become major criminals before they can get the attention they need now. He stated that his daughter ran away twice from foster care, and her probation officer did not know of her whereabouts and DCF, formerly known as Health and Rehabilitative Services (HRS), did not know, and it took the efforts of himself and his daughter's grandparents to locate her on both occasions, and the police did not have a pickup order for her, because her probation officer did not have the correct information. Mr. Wigham stated that there are thousands of drug dealers in the County that deal in drugs every day, but the arrest record of the drug dealers is not there.
Commr. Gerber stated that a lot of money is being spent housing and trying to help children when they are 15 and 16 years old, and the money should have been spent earlier when they were 12 and 13 years old. She noted that it is the State imposing this course of action.
Mr. Wigham stated that the Lake County Chamber of Commerce had a speaker last week from the Sheriff's Office that said there is a truancy program that is in effect, and anyone who sees kids that are school age on the streets, the Sheriff's Office is supposed to pick them up and bring them either to school, or the parent's job site, or the Arnette House. When a friend of his called the Sheriff's Office, she was told that it was not the Sheriff's Department's job to come and make sure that her child goes to school. Mr. Wigham stated that, if the County was going to have a truancy program, it needs to enforce it.
Commr. Cadwell stated that the Board would contact the Sheriff and relay Mr. Wigham's concerns to him, and he directed Ms. Wendy Taylor, Administrative Supervisor to the BCC, to give Mr. Wigham the number where he can reach Mr. Fletcher Smith, Senior Director of Community Services. He stated that most of the agencies noted by Mr. Wigham are under State control, and not the County, but as far as the resources, the County has that information, and hopefully a system, where they can put him in touch with the appropriate agencies.
Commr. Gerber stated that she would like Mr. Wigham to attend the Department of Juvenile Justice meeting next Tuesday at 11:30 a.m.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
ECONOMIC DEVELOPMENT
Mr. Bruce Duncan, Economic Development Director, stated that about eight or nine months ago, he was contacted by Mr. Cecil Berry with Sumter Electric Cooperative, Inc. (SECO) in reference to the purchase of a piece of property in the Christopher C. Ford Industrial Park, for the purpose of locating a substation in that park. Mr. Duncan stated that negotiations continued as they looked at several parcels of property at the park, and they finally decided on a piece of property, which he pointed out to the Board on a survey of the park. He stated that, by selling this parcel to SECO, it will largely benefit the industrial park, and SECO has been working with Circuit City to solve some of the minor problems they had when they opened their facility. By opening the substation, it will go one step further to solving those problems. Mr. Duncan stated that SECO originally came to the Industrial Development Authority (IDA) with a offer that was a little less than $35,000 per acre. Staff recommended that the offer be refused and asked that they pay the $35,000 per acre, and the IDA agreed with the recommendation. The $35,000.00 per acre for 1.282 acres amounts to a purchase price of $44,870.00, which was approved by the IDA. Mr. Duncan stated that an agreement has been drafted and sent to the SECO attorneys, and they are in the process of approving it. The Board is approving, in principal, the agreement with SECO to purchase the property in the amount indicated. It was noted that they would have to meet all of the restrictive covenants in this area, and they would have access off of Highway 19, which is strictly prohibited pursuant to the DRI, but this particular access will only be utilized two or three times a year for that purpose of servicing and in the event of emergencies. It would not be available for anyone else to utilize.
At 11:10 a.m., it was noted that Commr. Swartz left the meeting.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried by a 4-0 vote, the Board approved the Real Estate Purchase and Sales Agreement to purchase approximately 1.282 acres in the Christopher C. Ford Industrial Park between Lake County and Sumter Electric Cooperative, Inc., in the amount of $35,000.00 per acre for a total amount of $44,870.00.
Commr. Swartz was not present for the vote.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS/GRANTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request for approval and authorization of the Chairman's signature on the FY 1999/2000 Transportation Disadvantaged Grant Program Agreement with the Florida Commission for the Transportation Disadvantaged, in the amount of $19,618.00.
At 11:15 a.m., it was noted that Commr. Swartz returned to the meeting.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request, as stated above by Mr. Stivender.
REPORTS - COUNTY ATTORNEY
PROPERTY APPRAISER/ORDINANCES
Mr. Sandy Minkoff, County Attorney, informed the Board that staff prepared an ordinance relating to additional homestead exemption for certain qualifying senior citizens, which would implement the Constitutional Amendment and the State legislation, which became effective July 1 of this year.
Commr. Cadwell explained that, in the initial Constitutional Amendment, the wording said that any one with a $20,000 income, or under, would be eligible for this exemption, if the local governments passed it, but in the implementation legislation, it is actually adjusted gross income.
Mr. Minkoff explained that the Constitutional Amendment says whose household income, as defined by general law, does not exceed $20,000. The general law, which was passed, used the adjusted gross income, as defined by the income tax code. To implement this, the County can only use the definition that was approved by the legislature.
Commr. Cadwell stated that this makes it a different law than what was intended, because there would be people in the $50,000 to $60,000 a year range getting this exemption, because of adjusted gross income.
Mr. Minkoff explained that adjusted gross income is so called "below line income", so it includes things like capital gains and losses, business gains and losses, deductions to retirement plans and other items.
Commr. Cadwell was of the understanding that the legislature was considering looking at this definition again and clarifying it. He stated that he would like to wait to do anything, until after the Board meets with the Legislative Del0egation, at the end of this month.
Mr. Minkoff stated that the Board would have to pass the ordinance prior to December 1, so it would have to be done in November.
Commr. Cadwell stated that he does not know if the people are aware of all of the exemptions the County has now, and the amount of dollars and how they affect the value of the property, but out of the total property, there is over $200 million in ag exemptions; almost $3 million in widows exemptions; $500,000 in widowers exemptions; $25 million in disability exemptions; $1.4 billion in homestead exemptions, and under Save Our Homes legislation, which controls the property value, there is $86 million in a reduction of property values that are not on the books. If this particular ordinance will do what he thought it intended to do, then he would be in favor of it, but the way the law is written now, he has some real concerns, not only how the revenue stream would be affected, but purely what would be fair with folks that can afford it and need to be participating in the system, and those who truly cannot and need all the help they can get. Commr. Cadwell stated that the Board could go ahead an advertise the ordinance for November, or wait until it meets with the Legislative Delegation, which is next Tuesday. It was noted that the estimate from the State was about $1.3 million. Commr. Cadwell stated that, without those revenues, the Board can raise the taxes of everyone else in the County, or cut programs. He stated that he would like to reschedule this item, until after the Board can meet with the Legislative Delegation, to see whether there is any desire on their part to look at changing the limits on the income.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to reschedule the request to advertise the ordinance relating to additional homestead exemption for certain qualifying senior citizens, until the Board meets with the Legislative Delegation.
Under discussion, Commr. Swartz questioned whether the Board could get additional information.
Mr. Minkoff explained that, if the Board adopts the ordinance, it will be only for County taxes. He noted that, theoretically, a property could have several exemptions under the way that this Constitutional Amendment was passed. It was noted that the cities could adopt all of it, or a portion of it, and it does not allow the School Board to do the waiver. Mr. Minkoff noted that Dade County passed an ordinance, and it is almost identical to the one being proposed by Lake County. In fact, staff used it to draft Lake County's ordinance. Mr. Minkoff stated that, unfortunately, the legislature stuck with the Constitutional Amendment, which says that the legislature may, by general law, allow counties or municipalities to grant this exemption.
It was noted that this item would be added to the Board's list of items to take to the Legislative Delegation, and the request to advertise the ordinance will be placed on the agenda for the last meeting this month.
Commr. Cadwell extended his appreciation to Mr. Frank Royce, Chief Deputy, Property Appraiser's Office, for the helpful information received from the Property Appraiser's Office, and he extended his appreciation for their cooperation.
COURTS-JUDGES/CONTRACTS, LEASES & AGREEMENTS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request and execution of a Special Master Agreement between Lake County, Franklin D. Longenbach, owner and Robert Q. Williams as Special Master in Case No. SM-7-98.
COURTS-JUDGES/CONTRACTS, LEASES & AGREEMENTS
Mr. Sandy Minkoff, County Attorney, explained that the County currently has seven or eight foreclosure cases where Code Enforcement obtained an order and a lien on property and it was not paid. He stated that, in cases where the people cannot be located who own the property, or they may have died, the County is required to have an attorney represent their interests. He noted that, after notifying all members of the Lake County Bar Association by letter, Mr. Brett L. Swigert was the least expensive response.
Commr. Gerber stated that she feels $115 is a little high for this type of work, and she would really like to see an accounting of the work in this case.
Mr. Minkoff stated that staff will monitor the work, and he anticipated that it should not involve more than a couple of hours in every foreclosure case.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Agreement between Lake County and Brett L. Swigert relating to outside legal services to act as attorney/guardian/administrator ad litem in certain code enforcement foreclosure cases.
ADDENDUM NO. 1
REPORTS - COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/COUNTY PROPERTY
Mr. Sandy Minkoff, County Attorney, discussed the request for an extension of time to close on the property located at 312 West Main Street, Tavares, Florida and stated that the Level II Environmental Study has not been completed, because of the gas tanks that were next door.
On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Addendum #3 to the contract for the purchase of property located at 312 West Main Street, Tavares, Florida.
REPORTS - COUNTY MANAGER
AMBULANCE-FIRE SERVICES/CONTRACTS, LEASES & AGREEMENTS
Ms. Sue Whittle, County Manager, stated that she had added discussion of the ambulance service to her business. Ms. Whittle explained that staff has been in some discussion with Florida Hospital regarding the end of the ambulance contract, which would be at the end of September in 2000. The Board had authorized staff to talk to the hospital regarding extension of the contract, and the hospital has sent to the County a Notice of Nonrenewal, which she presented to the Board, for the ambulance service agreement. They have indicated that they will not be interested in being in the ambulance business at the end of the contract term, but they will serve out the rest of the contract. Ms. Whittle stated that staff had recommended previously that the County go ahead and do a request for proposal (RFP).
Commr. Cadwell questioned whether the County is going to look at providing the service itself during the RFP process and how that will be done.
Ms. Whittle explained that staff has already begun the process of looking at the possibility of providing the service, because if there is not a viable or exceptable proposal that comes in, then obviously the County would be in that business. She stated that Mr. Tad Stone, Senior Director, Emergency Services, has already begun to look at what it would take to provide those services. Ms. Whittle stated that she will be putting together a team to help her evaluate the RFPs, which will be similar to the Fire Team and the Library Team. She stated that staff has the RFP in hand, and they are ready to release it at any time.
Commr. Swartz stated that he would like to have a chance to look through the RFP and make sure it is addressing those issues that the Board feels need to be there.
Ms. Whittle stated that staff will get copies of the RFP to the Board, and once the Board sends back their comments, it will be scheduled for a vote on October 19, 1999, and it can be released shortly after that time.
Commr. Swartz clarified that the subsidy that the County currently has is, in fact, what is used to pay for the ambulance equipment, and Lake County still holds title to all of the ambulance equipment.
COMMISSIONERS/MEETINGS
Ms. Sue Whittle, County Manager, explained that Board had a workshop scheduled on the Space Study for next Tuesday, October 12, 1999, and there is some conflict, so the workshop will be rescheduled to another time, and there will not be a work session next Tuesday.
COUNTY EMPLOYEES
Ms. Sue Whittle, County Manager, informed the Board that the County's F.A.C.T. Team has been accepted to compete through the Sterling process, which begins in two weeks. She stated that she will be going with them to Cape Canaveral on October 19, 1999, and Mr. Alvin Jackson, Deputy County Manager, will be attending the Board meeting on that date. Ms. Whittle stated that next Thursday at 11:30 a.m., they are having a pizza party to kick off their competition, and the Board is invited to attend.
REPORTS - COMMISSIONER GERBER - DISTRICT #1
RESOLUTIONS
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the execution of Resolution 1999-176 proclaiming the month of October 1999 as Breast Cancer Awareness Month in Lake County.
CODE ENFORCEMENT
Commr. Gerber informed the Board that she was contacted by a citizen who has had the unfortunate experience of having a piece of property that she owns used as a dump site. She does not live there, but the property is fenced. Commr. Gerber stated that she understands that, when this happens to someone, the individual has to pay to have the property cleaned. She did not know if some of the Waste Tire grant money, or the Keep Lake County Beautiful organization, could put together a pot of money that could be used to help people who qualify income wise to help clean up the messes.
Commr. Hanson explained that the County cut the funds for Keep Lake County Beautiful this year, and they do not really have any funds for this type of situation, but she agrees that it is unfair for the County to put the burden completely on the property owner when it is the general citizen doing this to the property. She has had a problem with this for a long time.
Commr. Cadwell questioned how the County would determine who actually owns the garbage, because some people dump garbage on their own property. He further questioned whether the Solid Waste Study Committee has offered any suggestions.
Commr. Gerber explained that the Committee has discussed other solutions such as mandatory collection.
Commr. Pool stated that it is important to the County, if someone should call, to provide at least a sign indicating that it is illegal to dump on the property.
Mr. Sandy Minkoff, County Attorney, stated that the County might be able to provide such a sign, as noted by Commr. Pool. He stated that they have also tried to be creative at Code Enforcement, where the County has cleaned some of these properties and then agreed with the owner that the property be sold, so that the County would recoup its costs. He explained that, even if the County cleaned the property, if the owner does not take steps to keep it from happening again a year from now, it will be just like it is.
Commr. Hanson stated that a lot of the dumping is being done by people from other counties. She stated that people are paying tipping fees and part of that solid waste collection almost has got to include some sort of gathering up of this garbage that is being dumped illegally.
Mr. Minkoff explained that, if the property owner gives permission, there is no problem going on private property and, for example, the Sheriff having his crews work.
Commr. Pool recommended allowing the County to provide a sign, at least to these parcels of property when the landowner, in no way, condones this action. He stated that there ought to be a way to get a sign, or even pay for the cost of the sign, so the individual can put the sign up.
REPORTS - COMMISSIONER POOL - DISTRICT #2
COUNTY POLICIES/WATER RESOURCES
Commr. Pool informed the Board that he discussed with the County Attorney's staff the possibility of strengthening the County Ordinance that deals with the clearing of wetlands, or at least the vegetative buffer around the lakes, which might involve the possibly of eliminating the mechanical harvesting, and/or at least addressing how the old Ordinance compares to the new ordinance. He stated that the Ordinance is not very strong, and he would recommend that the Board at least take a look at it.
ROAD-COUNTY & STATE/MEETINGS
Commr. Pool informed the Board that Transportation Secretary Tom Berry is coming to south Lake County on October 11, 1999, and he will be at the Jenkins Auditorium, between 1:30 p.m. and 3:30 p.m. He and Representative Randy Johnson asked him to come and look at the Highway 50 corridor and any and all transportation needs throughout south Lake County. He asked that the Board members try and attend the meeting.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
CODE ENFORCEMENT
Commr. Hanson discussed the request for approval to release property owned by Marshall Gaard from Code Enforcement Board liens on certain real property located in Royal Trails. She explained that Mr. Gaard has several code enforcement issues, and the liens are on all of his properties. He has 35 acres in Royal Trails that are under contract to the State, and the State is tired of waiting for these liens to be lifted. There is a concern that, if Mr. Gaard cannot sell the property to the State, he has the ability to put in more of the same types of parcels that will create more of the same code enforcement problems. Commr. Hanson asked that the Board release the 35 acres, so the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida can go ahead and purchase it.
Mr. Sandy Minkoff, County Attorney, explained that the liens that total $39,419.00 are incumbrance against all of Mr. Gaard's property, which is like a judgment lien, and the request is to release this piece of property from that judgment. He noted that the liens will still stay against his other property. Mr. Minkoff explained that, if the County did not release the liens, then the sale will go through and the County will get the $39,419.00, and Mr. Gaard will get the balance. He stated that Mr. Gaard has been in front of the Code Enforcement Board several times, and there is a Florida Statute that allows for a higher fine.
Discussion occurred regarding who initiated this request, with Commr. Hanson informing the Board that she received a call from a realtor who is involved in the situation and lives in the area.
Commr. Swartz stated that he would not be in favor of releasing the liens, and he feels the Board should encourage the sale and have the liens paid off in the normal course of the transaction.
Mr. Minkoff explained that, from a legal perspective, once the time frame runs out, the County can actually levy on this piece of property as well as other properties, but this is really a policy type decision.
Commr. Hanson made a motion for the Board to approve to release certain real property located in Royal Trails from the code enforcement liens, which are owned by Mr. Marshall Gaard, so that the State can move forward on the purchase.
Commr. Pool seconded the motion for discussion and questioned whether the County has other ways to collect and to keep the liens that the County has now, and whether or not they exceed the amount that the property is worth.
Mr. Minkoff stated that he believes that the other properties owned by Mr. Gaard are valued greater than the lien, but staff has not independently verified what he owns and what the County could seize. He noted that the order amounts are continuing to increase, and Mr. Gaard regularly has cases in front of the Code Enforcement Board.
Commr. Cadwell stated that, with those comments made by Mr. Minkoff, it makes his decision easier, because he does not want to aid someone who is constantly in this situation. There are so many people that are working to try and get code violations fixed, and when they do, the Code Enforcement Board itself actually reduces some of the fines to try and help them and that is the avenue it should be.
Commr. Swartz stated that the County's strongest position is to have this lien, and secondly, for the property to be sold, the County's lien would be paid off. He cannot see any reason to eliminate the lien from the property.
After further discussion, Commr. Hanson withdrew her motion, and Commr. Pool withdrew his second to the motion.
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the execution of Proclamation 1999-174 proclaiming October 17-23, as Florida Overpopulation Awareness Week in Lake County.
REPORTS - COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT #5
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Proclamation 1999-175 proclaiming November 18, 1999 as Blue Jeans for Babies Day in Lake County in support of the March of Dimes.
CONTRACTS, LEASES & AGREEMENTS/SHERIFF'S DEPARTMENT
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved and authorized signature on a Letter of Agreement from the Lake County Board of County Commissioners authorizing the Central Florida Crimeline Program, Inc. to act as Lake County's agent for the purpose of applying for and receiving monies from the Crime Stoppers Trust Fund.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Cadwell stated that he had added to the agenda the appointment to the Lake County Community Action Agency Board. He stated that Commr. Swartz has served on this board for the past several years, and they would like him to serve again.
Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve the appointment of Commr. Swartz to serve on the Lake County Community Action Agency Board.
Under discussion, Commr. Cadwell asked that the motion include the appointment of Mr. Alvin Jackson, Deputy County Manager, as the alternate.
Commr. Pool amended his motion, and Commr. Hanson amended her second to the motion, to include Mr. Jackson as the alternate.
The Chairman called for a vote on the amended motion, which was carried unanimously by a 5-0 vote.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:55 a.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/10-5-99/10-15-99