The Lake County Board of County Commissioners met in regular session on Tuesday, August 1, 2000, 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; and G. Richard Swartz, Jr. Commissioners not present at the meeting: Robert A. Pool. 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 the Board had one addendum to the agenda.
Ms. Sue Whittle, County Manager, requested that Tab 15, regarding the Interlocal Agreement between Lake County and the City of Kissimmee, Florida for leachate disposal, be pulled from the agenda. Ms. Whittle noted that Tab 19, regarding the presentation on the implementation of recommendations and strategies for the Montverde Small Area Study by The Genesis Group, has been canceled for today and has been readvertised for the first meeting in September.
MINUTE APPROVAL
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the Minutes of June 26, 2000 (Board Retreat), as presented.
Commr. Pool was not present for the discussion or vote.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, with Commr. Pool not being present for the discussion or vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 3, as follows:
Audits/Tax Collector
Request to approve and authorize signatures on the Engagement Letter to audit and report on the special purpose statement of unissued hunting and fishing licenses of the Tax Collector of Lake County, Florida for the license year ending June 30, 2000.
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.
Municipalities/Ordinances
Ordinance No. 2000-009, An Ordinance Annexing Property to the City of Fruitland Park; Providing for the Annexation of a Portion of the Grays Airport Road Right Of Way East of U.S. Highway 441 and Fruitland Park, Florida; Providing for an Effective Date.
Ordinance No. 2000-010, An Ordinance Annexing Property to the City of Fruitland Park; Providing for the Annexation of a Portion of the Spring Lake Road Right of Way West of U.S. Highway 441 and Fruitland Park, Florida; Providing for an Effective Date.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, with Commr. Pool not being present for the discussion or vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 16, and pulling Tab 15, as previously noted:
Contracts, Leases & Agreements/Community Services
Request for approval and execution of Second Amendment to an Agreement between Lake County and Mount Olive Missionary Baptist Church for Stuckey's Kids changing their fiscal agent from Mount Olive Missionary Baptist Church to the South Lake County Community Foundation, Inc.
Accounts Allowed/Grants/Community Services
Request for approval and release of Notice of Funding Availability and Request for Proposal for the Human Services Grant in Aid Funds for fiscal year 2000/2001 in the amount of $40,000.00.
Accounts Allowed/Grants/Sheriff's Department
Request for approval to submit an electronic application for the Local Law Enforcement Block Grant Program for FY 2000 through FY 2002, in the amount of $132,363.00, designating Robbie Hollenbeck to complete the grant application, and authorize the Chairman to sign related documents (contingent on County Attorney review). The cash match of $14,707.00 shall be provided by the local recipient(s) of the grant award.
Deeds/Economic Development/Industrial Park
Request for approval of Extension to Deed Restrictions with First Capital Property Group, Inc., Lot 14, Christopher C. Ford Industrial Park allowing First Capital Property Group two more years to commence construction.
Contracts, Leases & Agreements/Economic Development/Industrial Park
Request for approval of Amendment to Real Estate Purchase and Sales Agreement between Lake County and Hi-Tech America Development Corporation to grant a 120 day extension to close on the property.
Accounts Allowed/Assessments/Budget Transfers/Fire & Emergency Services
Request for approval of budget transfer from Special Reserves - Fire Services Impact Fees Trust, in the amount of $11,541.00 to Fire Services Impact Fees Trust, Emergency Services, Machinery & Equipment $4,500.00 and Machinery & Equipment $7,041.00. Additional funds are needed for a server to handle the fire assessment items and two new computers for the office.
Accounts Allowed/Budget Transfers/Human Resources
Request for approval of budget transfer from Various, in the amount of $63,150.00 to the General Fund, Human Resources, Professional Services $6,790.00; Reprographics $6,427.00; Other Current Charges & Obligations $47,867.00; Travel & Per Diem $1,219.00; and Books, Publications & Dues $847.00. Transfer is needed to correct negative balances in several accounts and provide for adequate funding throughout the remainder of the fiscal year. The monies for Reprographics will cover costs of copying employee surveys, the pay plan and unanticipated costs. Other Current Charges & Obligations pays for advertisements. Travel & Per Diem costs are countywide for additional seminars. Books, Publications & Dues monies are for seminars for volunteers.
Accounts Allowed/Budget Transfers/Sheriff's Department
Request for approval of budget transfer from Contingency - Sheriff, in the amount of $20,000.00 to the General Fund, Constitutional Offices/Sheriff, Law Enforcement - Operating. Pursuant to F.S. 30.49 the Sheriff is requesting a transfer in the amount of $20,000.00 from Contingency - Sheriff to the Law Enforcement Operating Account.
Accounts Allowed/Budget Transfers/Public Works
Request for approval of budget transfer from Repair & Maintenance, in the amount of $40,000.00 to County Transportation Trust, Public Works - Road Operations, Operating Supplies. There are insufficient funds in the 520 account for the remainder of FY 99/00. The main account numbers that are charged in the Road Operations Division are 460, 520 and 530. With the new Procurement Card system, some items may have been charged to the 520 account that were not originally budgeted to be charged to 520. Adjustments are therefore necessary to balance.
County Employees/Personnel
Request for approval and execution of Certificates for employees with one and three years of service.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions/Resolutions
Roads-County & State
Request for approval and authorization to accept the final plat for Louisa Pointe Phase II Subdivision, execute a Developer's Agreement for Maintenance of Improvements between Lake County and Louisa Pointe Land Trust, accept a letter of credit in the amount of $19,820.00, and execute Resolution 2000-108 accepting Crenshaw Circle "Part" (County Road Number 2-0651A) into the County road maintenance system. Subdivision consists of 38 lots - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions/Resolutions
Roads-County & State
Request for approval and authorization to accept the final plat for Siena Ridge Phase II subdivision, execute a Developer's Agreement for Maintenance of Improvements between Lake County and Siena Home Corporation, accept a letter of credit in the amount of $14,287.30, and execute Resolution 2000-109 accepting Petrus Lane (County Road Number 2-0356) and Lalande Loop "Part" (County Road Number 2-0358A) into the County road maintenance system. Subdivision consists of 32 lots - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions/Resolutions
Roads-County & State
Request for approval and authorization to accept the final plat for Greater Pines - Phase 7 subdivision, execute a Developer's Agreement for Maintenance of Improvements between Lake County and The Greater Construction Corporation, accept a maintenance bond in the amount of $30,750.00, and execute Resolution 2000-110 accepting Pine Lake Street (County Road Number 2-1152), Scottish Pine Lane "Part" (County Road Number 2-1153), and Pine Cone Trail "Part" (County Road Number 2-1153C) into the County road maintenance system. Subdivision consists of 53 lots - Commission District 2.
Accounts Allowed/Contracts, Leases & Agreements/Road Projects
Request for approval and authorization to execute change order #4 in the amount of $8,300.00 to overlay the west and east intersections of CR-42 and Sr-19 in conjunction with the CR-42 Widening and Resurfacing project No. 8-95.
Deeds
Request for approval to accept one Conservation Easement Deed; two Statutory Quitclaim Deeds; three Statutory Warranty Deeds; and four Temporary Non-Exclusive Easement Deeds, as follows:
Conservation Easement
Upson Downs Ltd. Partnership/Rapid Retrieval, Inc., Its General Partner, Subdivision req.
Statutory Quitclaim Deed
St. Patrick Groves, Inc., a dissolved FL corporation, Edwards Road Extension, 5-7009, Road Project
Christian Prison Ministries, Inc., S. Lake Trail, Road Project
Statutory Warranty Deed
Michael A. & Kelly J. Hansen, Debbie Lane, Road Project
Chancery Lane, Ltd., a KY limited partnership, Hartwood Marsh Road, 2-0854, City Site Plan
Family Bible Church, Inc., a FL nonprofit corporation, Merry Road South, 3-4455, Road Project
Temporary Non-Exclusive Easement Deed
Gunard C. Brautcheck, Britt Road, 4-4981, Retention Pond
Margarette C. Dubois, Holly Way, Special Assessment
Elbert & Lillian M. Baker, Holly Way, Special Assessment
John R. Haraz, Wedgewood Club, 1st Addition, Drainage Project
Municipalities/Landfills/Solid Waste
Request for approval for signature of the Chairman of the Board of County Commissioners on the Declaration to the Public for the Closure of the Lady Lake Landfill and to record in the Deed Records of the Clerk of the Circuit Court, with a certified copy of the Declaration (with supporting documentation) sent to the Department of Environmental Protection in accordance with 62-701.610(5)FAC.
PERSONAL APPEARANCES
EMPLOYEE AWARDS
Ms. Lourdes Ramos presented information about each of the following employees, and Commr. Cadwell presented the plaques:
Presentation of Plaque to Employees with Five Years of Service
Gary A. Caron, Maintenance Specialist I, Facilities and Capital Improvements/Jail Maintenance (not present)
Richard R. Pettit, Jr., Training and Development Coordinator, Human Resources/Training and Development
Robert A. Sustarsic, Maintenance Specialist III, Facilities and Capital Improvements/Building Maintenance (not present)
Presentation of Plaque to Employee with Fifteen Years of Service
Donald H. Roof, Surveying Manager, Public Works/Roads/Engineering
Presentation of Plaque and Bond to "Employee of the Quarter" for the Third Quarter - April, May and June
Louis "Fred" A. Lafond, , Equipment Operator III, Public Works, Roads/Maintenance Area I
PUBLIC HEARING
SPECIAL ASSESSMENT PROJECT NO. 92 - FOREST HILLS SUBDIVISION
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board and stated that staff was requesting approval of Special Assessment Project No. 92, Hillside Drive, West Hillside Drive, Hill Drive, Pine Drive, Skyline Drive, Sunset Trail, Lakeside Drive and Holly Way, in the Forest Hills Subdivision, Special Assessment Lump sum Construction to Art Walker Construction, Inc., for $536,553.41, and to encumber and expend funds in the amount of $536,553.41 (Commr. District 4, CTT Funds), and execution of the assessment roll Resolution, which includes construction costs and cost of permitting fees, surveying and engineering and design.
Commr. Cadwell opened the public hearing portion of the meeting and called for public comment.
Mr. Rob Eckert, Pine Drive, addressed the Board and stated that he and several other individuals started this project over three years ago, and the project is desperately needed. Mr. Eckert explained the condition of the roads and the importance of being able to get ambulance, law enforcement, and sanitation services in this area, as well as school buses, and stated that they need to make it a safe place for the children to play. He stated that everyone on Pine Street is in favor of the project, with the exception of two people.
Ms. Wanda Warner addressed the Board and asked questions concerning the County's payment plan for assessments, with the Board directing her to meet with staff for information.
Ms. Tammy Rogers, East Lakeside Drive, explained that they desperately need the paved roads, and she and others on Skyline Drive would like to be included in this road project.
Mr. Stivender explained that it was probably too late for them to be included in this project, but it does not mean that staff cannot come back with a project for that small of an area.
Commr. Swartz questioned whether staff could work with Ms. Rogers and get the petitions signed and start back through the special assessment process and possibly do a change order to this project.
Mr. Stivender explained that there would be no problem getting a change order, but he was concerned about the stormwater issue.
Ms. Rogers noted that there were individuals here from Orlando that live on the west side of Skyline Drive, and they also have problems with the roads surrounding this particular area.
Ms. Ida Mae Cook, Sunset, Hillside and Pine, addressed the Board and stated that she lives on the corner, and she and many others have paid money over the years to fix the roads, and they have lost their money, because the roads washed away when it rained, but there are a lot of elderly people in the area that desperately need the roads fixed.
Mr. Charles McCann, Hillside Drive, stated that he lives across the street from Ida Cook and confirms what she had to say about the need for the roads. He had questions about the guidelines used to apply for federal assistance.
Ms. Liz Eginton, Community Development Block Grant (CDBG) Director, Community Services, explained that one of the projects that staff will be proposing for next year's block grant fund involves $100,000 to pay paving assessments, on behalf of individuals who fall below the federal low incomes guidelines, which she explained would be about $39,700 for a family of four. Ms. Eginton stated that, when the letter goes out with the invoices for the paving, staff will also include some information about how people can apply for the funds. Staff will probably set aside a couple of times where they will visit the area and take applications. She noted that this would be for the owners of the property and does not apply to renters.
Ms. Lynn Bower, Skyline Drive, stated that she did not sign a petition to have the road paved, because they cannot afford to take on an extra expense. She explained that kids play with skateboards on Sixth Street right now, and they have been tearing up the dirt roads.
Mr. Tom Adams, Hillside Drive, Lots 6 and 7, noted that the neighbors have already spoken in favor of the project. Mr. Adams stated that, for two and a half years, he helped to get the petitions necessary for this project, and he would appreciate the Board approving the paving of these roads.
Mr. Roy Ross, speaking in behalf of his mother, Oleda Ross, Skyline Drive, stated that the end of Skyline Drive that goes into Lake Mack is impassable most of the time, because of the sand problem. Mr. Ross explained that the area around Lakeside Drive is a very dangerous situation, in the case of emergencies, because the emergency vehicles have gotten stuck many times over the years. He asked the Board to consider paving the roads in this particular area, too.
Mr. Stivender explained that there are two or three other special assessments in this general area that have already met all of the requirements, and right now those projects are not funded. He stated that the one before the Board was under budget, so there may be some dollars available for the others, but this will have to be reviewed.
Commr. Swartz explained that, in the past, where the County has gotten the necessary rights-of-way, the County has brought some of those roads into the system and began maintaining them while waiting to do the special assessment. He stated that he has been a supporter of special assessments, and it is a program that needs to have more money, because up until a few years ago, the County has never had to hold off on a special assessment, because of the lack of money. He stated that he has no problem doing the maintenance on the roads where the County is sure that the road is going to come into the County system and is awaiting a special assessment and funding, because the County knows it has the commitment from the people who live there to pay their share of the special assessment, and that is the perfect case to go forward and do it. He suggested that staff bring those roads in and show the Board the percentage that is has and the Board can decide whether it wants to bring those into the maintenance system pending the actual special assessment.
Mr. Jimmy Scott, Holly Way, stated that there is a need for the road, but he is already concerned about the drive through traffic. Mr. Scott stated that there is a need for more safety mechanisms in this area, because he has two children, and he is concerned about their safety.
Commr. Swartz stated that, after the roads are in, and if the County can help, whether it be through the Sheriff's Department, or Public Works, or a District Commissioner, a neighborhood meeting should be held to discuss the safety issues, because the people that are causing some of the concerns probably live in this neighborhood. He stated that the Sheriff's Department cannot do traffic control on all of these roads, but the County needs to find a way to help neighborhoods deal with their sons and daughters and maybe even themselves.
Mr. Stivender stated that, when the whole subdivision changes and all of the roads are paved, the issues and concerns being expressed by the public today, including the people out of control and losing control of their vehicles, just do not happen on a paved road.
Commr. Hanson explained that the Sheriff has been working on a substation in the Lake Mack area, which might help with the problems in this particular area.
Ms. Evelyn Sleeter, West Lakeside Drive, explained that she and her neighbors were under the impression that their road was going to be black-topped, but they found out that it was going to be the east side of Lake Mack Road. She is working with staff to get signatures from all of the neighbors, but some of the elderly people have limited income and are afraid to sign the petition. She noted that traffic is a concern, but there is also concern about other people visiting in this area and causing some of the problems.
Commr. Hanson stated that, as Commr. Swartz had said, if they continue to work with the Sheriff, he can figure out a way to empower the community. She noted that 99% of the people in the area use West Lakeside Drive to get in and out of their homes.
Commr. Swartz suggested to Mr. Stivender that, instead of just giving people a front foot estimate, staff needs to start converting that into a cost at current rates spread over seven years, with it still being noted as an estimate, and that the interest rate may vary, so people will have that information, too.
Ms. Steeler explained that there is a single woman on Skyline Drive that has three lots, and she does not want to combine them, in case she decides to put a home on one of them.
Commr. Swartz explained that the number of lots should not effect the actual assessment, because it will be based on the front footage whether there is one lot or three lots, and if it is on a corner, sometimes those get a portion of one street and another.
Commr. Cadwell called for further public comment. There being none, the public hearing portion of the meeting was closed.
Commr. Hanson extended her appreciation for all of the work done by both the community and staff, including Ms. Barbara Schamel, Ms. Kathy McDonald, and Ms. Liz Edenton, and stated that, while there are a lot of impassable roads in the northeast part of the County where there is a tremendous amount of sugar sand, the community has come together to help make the community better, and the County is a partner in that, and she is glad they are able to do it, even though the dollars are short from the County's perspective.
Commr. Hanson made a motion, which was seconded by Commr. Swartz, to approve Special Assessment Project No. 92, Hillside Drive, West Hillside Drive, Hill Drive, Pine Drive, Skyline Drive, Sunset Trail, Lakeside Drive and Holly Way, in the Forest Hills Subdivision, Special Assessment Lump sum Construction to Art Walker Construction, Inc., for $536,553.41, and to encumber and expend funds in the amount of $536,553.41 (Commr. District 4, CTT Funds), and execution of the assessment roll Resolution 2000-111, which includes construction costs and cost of permitting fees, surveying and engineering and design.
Under discussion, Commr. Swartz requested that Ms. Sue Whittle, County Manager, and Mr. Jim Stivender, Senior Director of Public Works, schedule, as soon as the next agenda, any projects where the special assessment requirements have been met, and the County does not have the money, and bring those to the Board, so they can see what those are and how much the County has in dollars. He stated that he is concerned about the ones that are real close to being ready, and the County does not have the money.
The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Commr. Pool was not present for the discussion or vote.
Mr. Stivender stated that he would like to recognize Ms. Ashley Couch, Engineer, Public Works Department, for pulling the permit together and making it work in-house.
Commr. Swartz stated that it may be helpful to know the residents that have specific drainage problems that may be related to the existing road.
Commr. Hanson extended her appreciation to Mr. Roy Hunter for his assistance in bringing the road issue forward to the Board.
PRESENTATION - COUNTY TRANSPORTATION TRUST FUND
Mr. Jim Stivender, Senior Director of Public Works, explained that he gave a Power Point presentation on the Lake County Transportation Trust Fund in July, and the Board had asked staff to bring this back to a public hearing. He presented the Board with a hard copy of the information that had been presented at the Retreat. Mr. Stivender explained that, in regards to the gas tax, ten cents on each gallon of gas that is purchased in Lake County ends up being in the Public Works County Transportation Trust Fund (CTT) to fund the Personal Services, Road Operations, and the Capital Expenditures, to maintain and resurface all of the roads, sidewalks, claying and paving roads, and special assessment monies come partly from this fund. He discussed the charts in his handout, with the first one showing the past ten years, and noted that it identifies the total revenue that was available in each given year, and the expenditures during that same period of time in each year. He explained that, from looking at the trend line that had been established for the report, it indicated that the County cannot keep up with the pace that had been established over the years, in terms of the County's revenue/expenditure history for Public Works. Mr. Stivender explained the process of rolling the dollars over each year and funding the capital improvement projects and stated that, in the last couple of years, the County has run into a situation where it has built many projects in 1998 and 1999, and the direction to balance the budget in the gas tax means that revenues are not keeping up with expenditures, and in fact, they have been falling below the trend of the past ten years. He explained that in 2001, they balanced their budget, and there is a $20,000 contingency in the CTT funds, which is small, and they are projecting the same level for the year 2002. He explained that the $2.5 million will cover the sidewalks, or the resurfacing, and the $3.5 million would bring the County up to the trend over the last 10 to 15 years. Mr. Stivender explained the All Other Revenue chart, which showed a $2 million growth over the last 10 years in the revenue side, but with the cash carried forward being depleted. He noted that the County has 1,000 miles of paved roads and 200 miles of clay roads. The next chart Mr. Stivender discussed, in detail, reflected the Total Expenditure by Category, and he noted that the Personal Services does not show much change, and the Operating Expenses stays about the same, but the capital dollars will be at its lowest level in the Year 2002. He further noted that the County does expect to be reimbursed $250,000 on impact fees to the CTT funds over this coming year. Mr. Stivender stated that, based on his recommendations, in regards to the $2.5 million, he would put a little in Personal Services, and a little in Operating Expenses, with most of it going into Capital Outlay, and if the $3.5 million was applied on top of that, then the majority of that would also go into Capital Outlay. Mr. Stivender clarified that he was asking the Board to balance their budget at the present rate, and that they are not asking for additional revenue.
Commr. Swartz stated that the impact fees are paying for the bulk of the projects in Lake County, and he hopes that the Board will get the impact fee reports back as soon as possible and act on the Transportation Impact Fee.
Mr. Stivender noted that last year, approximately $6.6 million was collected in impact fees, and the County is now at $7.3 million, and there is still three months left in the year. He stated that over 50% of them are being collected in Benefit District 5, which is the Clermont area. He noted that the Five Year Road Program would be presented to the Board at the next Board meeting, and copies are available.
CITIZEN QUESTION AND COMMENT PERIOD
Impact Fees/Sheriff's Department
Mr. Frank Capudo, Clermont, stated that the Sheriff's budget, over the past three years, has gone up 27%, and unfortunately public safety, or law enforcement, is not addressed in the impact fees, and he strongly urged the Commissioners, and whatever Advisory Committee, to consider adding that into the impact fees, in order to let growth pay the growth in the Sheriff's Department. He stated that he is a retired policeman, and he is not against law enforcement, and he does not have a problem with the Sheriff's budget, but he thinks that the people that are moving into the community need to be paying for the new deputies, new police cars, new radios, and uniforms, and even though salaries cannot be paid out of impact fees, the impact fees can be used for anything that is bondable, and these types of items can be offset by impact fees to help manage the Sheriff's budget and let growth pay for a little bit of it.
Commr. Swartz stated that he supports the idea being presented, and the consultant is going to be looking at not only law enforcement and fire, but at libraries and recreation. It is much easier for a city to enact those fees, as Clermont has done, but the problem the County has is that it intermingles funds with the recreation and library programs in the cities, and the Sheriff has responsibilities in the cities. The last time they looked at it, the County did not have an ordinance that was legally defensible, and it is again trying to develop one.
Mr. Capudo stated that he realizes that the cities have a responsibility and, being active in Clermont, he is aware that they are addressing that issue, but he feels it is also a countywide issue that needs to be considered.
Outdoor Recreation/Ordinances
Mr. Tom Volpado, Commodore of the Black Water Yacht Club, Astor, addressed the Board to discuss the ordinance pertaining to "no possession of alcohol" in the Silver Glen Springs Run. He wanted to know what would be involved in changing the ordinance to "non-consumption of alcohol" because they are not allowed to have any alcohol on their vessels while they are on Lake George, and as they go into the Run. Mr. Volpado explained that they have had a lot of problems with what they consider illegal search of livable vessels, and he stated that Commr. Hanson has paperwork on this matter. He noted that there are three civil suits being prepared in Lake and Marion counties, to be filed in the courts.
Commr. Swartz explained that early on he had asked the Sheriff's Department for an evaluation of the open container law, as being similar to what they have for automobiles, and as opposed to no alcohol on board at all. He believed that the open container law was the better one for the types of problems being suggested by Mr. Volpado, but the Sheriff's Department came back and recommended strongly to this Board that they not adopt the open container, but that they go to no possession.
Commr. Hanson felt that it was important that Lake County be consistent with Marion County.
Mr. Volpado stated that he has had conversations with the Marion County Sheriff's attorney on numerous occasions, and she suggested that they could not adopt open containers, because they would be right back to where they started, but she personally would agree with non-consumption. He noted that Lake County's legal department agrees with open container but not non-consumption, because it would be harder to enforce.
Mr. Sandy Minkoff, County Attorney, explained that staff met with the Department of Environmental Protection (DEP), and they are trying to set up meetings with the Forest Service, and they are hopeful that they can get one or both of them to include the facility as a State, or Federal facility.
Mr. Volpado stated that Silver Glen Springs Run is considered a safe haven off of Lake George, and boats have to come in there to get off of the lake when the weather gets bad, and if they have alcohol, they are in violation of the ordinance. He stated that the Juniper Club, that is located inside the Silver Glen Springs Run, clearly places closed containers of alcohol on their boats, in order for their boats to go into Lake George, and they are applying for a special exemption to the rule.
Mr. Minkoff stated that staff has not received any information from the Sheriff's Office indicating that they have had difficulties, and they are aware of one citation, which is being challenged through the criminal court process, but staff has not heard anything from the Sheriff's Department asking for change.
Commr. Swartz stated that, if the Sheriff's Department came to the Board and said that they can control the drinking and general rowdiness and disorder that seems to occur at least on some occasions by some individuals, and if the Sheriff came and suggested that he could still control it with some modification, he would certainly consider that, but until he and his deputies feel that they can control that problem up there, with some modification to the ordinance, he would not address this issue. After hearing some of the information provided by Mr. Volpado,
Commr. Swartz stated that the Sheriff's Department is obligated to pursue those individuals violating the law.
Mr. Volpado stated that it is his opinion that they can contain the problem with non-consumption, but they would still be in violation by having alcohol in their boats.
Commr. Swartz stated that it would be the Sheriff that he would encourage Mr. Volpado to talk to about this situation. If the Sheriff had come back and said that they can enforce an open container law with no consumption, then he would have supported that, because it would have eliminated just what Mr. Volpado was talking about, but they did not believe this could be as effective. He suggested that Mr. Volpado talk to the Sheriff and see if they are interested in some modification, even if it was trying a modification for a period of time.
Mr. Volpado explained that they were trying to come up with some compromise between the two counties.
RECESS & REASSEMBLY
At 10:23 a.m., the Chairman announced that the Board would take a ten minutes recess.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
ECONOMIC DEVELOPMENT
Mr. Bruce Redus, Economic Development Director, addressed the Board to discuss the request for approval of sale of approximately five acres south of the Domino's Pizza Distribution in the Christopher C. Ford Industrial Park, to Robert Mantovani, in the amount of $150,000. Mr. Redus explained that part of Lot 7 was purchased in 1996, for $15,000 an acre, as one of the kick-off projects within the Industrial Park. He explained that approximately the south half of Lot 7 was not purchased at that time, with the first phase of the Domino's project. Mr. Mantovani explained that Domino's is looking to expand that facility, or look for an alternate facility, in another location in Florida. Mr. Mantovani came forward with a written offer of $25,000 an acre. In taking that to the Industrial Development Authority (IDA), and in their discussions, they wish to counter at $35,000 an acre. Mr. Redus noted that he has been working with properties in the Industrial Park at $35,000 an acre with commissions. He explained that there is a five acre parcel on this project that virtually would be landlocked with any further development. On further discussion with Mr. Mantovani, after the IDA meeting last month, he seemed to be very adamant at being competitive at $25,000 an acre along with no commission, and along with that being a net figure to the County, which would include the title insurance and any other administrative fees. Mr. Redus explained that he was not making so much of a recommendation as he was letting the Board know that, after further discussion, Mr. Mantovani was more adamant about the $25,000 an acre. The County has been paying six percent of the gross sales as commission, when brokers were involved in the transactions.
Commr. Swartz stated that, if the IDA recommended $30,000 an acre, he would not support anything under that amount.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to support the IDA's recommendation, with regard to the property, as noted, at $30,000 an acre, with no commission.
Under discussion, Mr. Sandy Minkoff, County Attorney, stated that this would be subject to other terms and conditions including advertisement and others.
Mr. Redus suggested that they proceed with the standard procedure of picking up the title insurance, which has been done for anything at $30,000 an acre and above.
The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Commr. Pool was not present for the discussion or vote.
COMMUNITY SERVICES/RESOLUTIONS
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board and stated that staff has the final draft of the FY 2000-2005 Consolidated Plan. He presented the Board with a handout showing a Summary of Proposed Activities and stated that staff has completed all of the citizen participation requirements and strategies required by HUD for the submission of the Plan. They have conducted several public hearings with the last one being on July 28, 2000, where the Board endorsed the five year expenditure concept. They also had a public inspection period where the public has been able to look at the Consolidated Plan between June 28 and July 28. Mr. Smith requested that the Board adopt the Consolidated Plan and sign the application for Federal assistance, the Adoption Resolution, and the required certifications. He extended his appreciation to Ms. Gerri MacGrudder, who is a member of the HUD staff in Jacksonville, for being present at the meeting today.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved to adopt the FY 2000-2005 Consolidated Plan by Resolution and authorized the Chairman to sign the Application for Federal Assistance (Form SR 424), the Adoption Resolution 2000-112, and the required certifications.
Commr. Pool was not present for the discussion or vote.
PARKS & RECREATION
Mr. Bob Stevens, Parks and Recreation Manager, addressed the Board for the discussion concerning conceptual design plans for Lake Idamere Park. Mr. Stevens stated that the original ideas were based on a much more active facility type of park, and staff was now bringing back a more passive facility that will allow for the public to self generate activities, to have a safe type of facility, and yet a facility that will still allow for future expansion, or improvement, when that need shows itself. He explained the architectural design and stated that staff would like to concentrate more on the active type of usage for that facility on the entry side off of SR 19, and leave the heavily wooded natural area, and restrict the parking and paving in that area, but allow paths and more of a passive type of use through there. Mr. Stevens stated that staff was looking for any ideas or direction related to finalizing the design for Lake Idamere Park.
Commr. Cadwell questioned whether there has been any discussion with the City of Tavares about their plans for this area, so that the County will not be duplicating services.
Mr. Stevens stated that he has not had any specific conversation with the City, but he is looking forward to that very soon. He stated that Plan A basically centralizes the active type of usage, or potential for the SR 19 side and leaves the more passive use toward the CR 448 extension. Mr. Stevens stated that staff would like the Board's recommendation on proceeding with the option Plan A. He noted that staff was not proposing a formal boat ramp at this time, and the one being shown is for shoreline and staff use right now. He explained that there is an existing canal, which will be utilized.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved to instruct staff, in regards to the discussion concerning conceptual design plans for Lake Idamere Park, to proceed with Plan A, which segregates the active and the passive best and protects the natural and green spaces the most.
Commr. Pool was not present for the discussion or vote.
Commr. Swartz encouraged Mr. Bob Stevens, Parks and Recreation Manager, to continue to talk with the City of Tavares to get input and refinements, and suggestions and thoughts, that they may have to modify this plan and bring these back to the Board for review.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the appointment of Michael Baker as the Agency for Health Care Administration Medicaid representative, and Tommy Ellis as the acting alternate representative on the Transportation Disadvantaged Coordinating Board.
Commr. Pool was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the following appointments to vacant positions on the Lake County Impact Fee Evaluation and Review Committee:
United Chambers of Lake County - reappointment of Jim Miller
Lake County League of Cities - reappointment of Leo Vaughn
Home Builders Assoc. of Lake Co. - reappointment of Jean Kaminski
Lake County Conservation Council - appointment of Robert A. Miller
IDA - appointment of Cecil Shumacker
At-Large Members:
Howard Barry - reappointment
Joe Hill - reappointment
Carol Rogers - reappointment
Debbie Vanier - reappointment
Commr. Pool was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously by a 4-0 vote, the Board approved the appointment of Jan Miller, District 2, to the vacant position on the Citizen Transportation Advisory Committee.
Commr. Pool was not present for the discussion or vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the reappointment of Steve Bragg and Bill Mobley to the Board of Directors of the North Central Florida Health Planning Council.
Commr. Pool was not present for the discussion or vote.
It was noted that the Board will come back with names for someone to serve in the purchaser position.
REPORTS - COUNTY ATTORNEY
CONTRACT, LEASES & AGREEMENTS/SUITS AFFECTING THE COUNTY
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the execution of a Special Master Agreement between Lake County, Ralph and Theresa Glomb, owners and Scott A. Gerken as Special Master in Case No. SM-6-00.
Commr. Pool was not present for the discussion or vote.
ADDENDUM NO. 1
REPORTS - COUNTY MANAGER
TENTATIVE MILLAGE RATE
Ms. Sue Whittle, County Manager, presented the Board with a handout, the General Fund Overview of Dollars Necessary to Balance the Budget, and stated that, when staff presented the tentative budget to the Board in July, the proposed millage recommendations were for the General Fund. The millage was proposed to be 5.705 per $1,000 assessed valuation; a stormwater millage rate of .2; and a countywide ambulance and emergency medical services millage rate of .55. Ms. Whittle stated that staff has been able to trim that request substantially, in the interim period, and the dollars needed to balance the budget now in the General Fund are $4,478,594; the taxes generated by one mill are $7,277,667; so the millage increase necessary in the General Fund to fund the requests that are included in the budget would be .615 mills in the General Fund. The new millage rate would be 5.348, which is a 13% increase over this year's millage. At the aggregate level, the General Fund millage would be 5.348; the ambulance millage is proposed at .550; and the stormwater millage is proposed at .200; so the aggregate millage, as proposed, is 6.098, which is an 18% increase over the current aggregate millage, and it is an increase over the rolled-back rate of 25.5%.
Commr. Swartz stated that he met with staff and discussed some other alternatives, and whenever it is appropriate, he would like to share some of the things that he thinks can be done to the budget that will not harm the major projects that are planned, but can still provide some reduction in the millage.
Commr. Cadwell suggested that the Board address the ambulance first, because of those present for the discussion. He reported that the Ambulance Board is working hard and does not see any problems with the deadlines. He stated that they did discuss, in their meetings with all of the cities, the issue of what kind of true partner they are going to be and is there a commitment by the Ambulance Board and the County to make them a true partner. He hoped that the Board today will approve the .55 millage, which will be the monies that are needed to provide ambulance service along with some reserves, and in the reserves, there are enough dollars to help any of those cities that may want to come on board at a faster pace than maybe some of the others, or even the County, and help provide Advanced Life Support (ALS) services in their city, which would enhance the total ambulance service. Commr. Cadwell also hoped that, in the motion, there will be a commitment of the Board to recommend that a portion of the dollars in the budget be set aside for any city that wants to come forward with a plan that would enhance the overall service by providing ALS, or any other service they can provide.
Mr. Hal Turville, Mayor of the City of Clermont, stated that he and their City Manager have both spoken with Commr. Cadwell and Mr. Robert Moore, Mayor of Tavares and member of the Ambulance Board, at great length over the last couple of days, and they believe that, with a strong motion from the Board for inclusion and basically understanding that there will be a program put in place that will encourage city participation, the City of Clermont can sign on to this plan. He stated that this was their biggest concern, outside of not knowing the millage rate when they met to consider this the last time. Mr. Turville stated that the level of service is only going to improve with the inclusion of those components and should include fire service, and he does not believe that the cities anticipate the County paying for emergency services within the city, as it relates to total cost. The City had discussed using the figure of .1 and, as that related to the City of Clermont, it was only going to generate about $40,000 so it is certainly not paying for them to be in the ALS business, but it will encourage other cities to get their people ALS qualified, and that enhancement will, over time, be reflected in the level of service countywide. Mr. Turville stated that he will call a special meeting of the City Council and give them assurances that a program of this nature is going to be in place, and they should be on board for the MSTU program, which has a deadline of Friday. He explained that, if he had any say so, he would be asking for some piece of that millage to be reimbursed to cities that were qualified and responding, but mechanically the County may not be able to make that commitment in the process it is involved in today.
Commr. Swartz was concerned that, at the .55 mills, they are going to find the ambulance revenues and expenditures to be pretty close, and there will not be a whole lot of extra room, because the extra room that is being brought forward right now is through the reserves that are coming out of the ambulance fund that has accumulated over the last few years, and that is going to help provide the start up cash and some reserves into the future.
Commr. Cadwell explained that the dollars, that they anticipate having in the first year, will be in reserves. He stated that, in the first year, if three of the cities came forward and said that they were ready to move in that direction, he thinks that the dollars in that first year would be minimal, somewhere in the $40,000 to $50,000 range per city, but if a city comes forward with a plan to raise the level of service for the entire system, and what they are providing is going to help do that, then there may be dollar savings other places that are going to help them. He clarified that, if a plan comes in and helps the total system and helps the areas that the ambulance system covers, then they are going to look at it.
Commr. Swartz explained that the Board needs to be aware that this strong motion will include not just Clermont, but any of the cities. He stated that, in terms of the commitment of trying to go forward, he has always thought it was a good way to do it, because with the end result, you will get quicker service, and a higher level of service to the citizens of Lake County. He stated that the Board needs to go forward recognizing that the funds are going to be very limited in their ability to do that, and with that understanding, he has no problem with this action.
Mr. Robert Moore, Mayor of the City of Tavares, addressed the Board and stated that, for the number of cities being discussed, there will be sufficient dollars the way the money is set up right now. In order for any city to provide ALS, it is going to take a Certificate of Public Convenience and Necessity from the Board, so in order to scrutinize the appropriateness of any particular city's plan, there are several steps for it to go through to make sure it is complimenting everything in Lake County. Mr. Moore noted that, after calling Tallahassee, he was told that it would take a Certificate of Public Convenience and Necessity to do any ALS provision, whether it was transport or not.
Commr. Hanson was concerned that the County was going into this process with money from its reserves, although that is what is keeping the millage rate at .55, and she was wondering if the .55 is the actual number that the County is going to need. She questioned where the dollars are going to come from and how the County is going to have extra dollars when it is supposedly at a bare bones budget to start the system, and she questioned what it does to the ambulance service for the rest of the County, when the County takes dollars to fund the cities.
Commr. Cadwell clarified that the Ambulance Board is not going to fund anyone that is not going to help the total ambulance system, because true response times are going to be how this system is graded, and it will include the whole County.
Mr. Minkoff stated that they met with the South Lake Hospital District to discuss the reserve issue, and staff prepared an interlocal agreement that they sent to their attorney. Staff believes that they are in agreement, in principle, which would even out the reserves from the south and the north. There is approximately $775,000 that would come into the system from the South District. With respect to the ordinances to be signed by the municipalities, Mr. Minkoff stated that staff has received 13 of the 14 cities who have adopted them. The MSTU can only be effective within a city, if the city agrees to adopt it by ordinance, and the MSTU cannot be used at all, unless all of the cities adopt the ordinance, because it would lead to an uneven funding. If that occurred, the County would have to fund the system by taking the millage and adding it to the General Fund millage, and there would not be a MSTU line item. Mr. Minkoff stated that his suggestion today is to direct the Chairman to approve the ambulance millage the way it is proposed contingent to Clermont getting the County an ordinance by Friday, and if they do not, to direct the Chairman to add that amount to the General millage and have it appear as the one line item, General millage.
Commr. Swartz explained that the reserves that are going forward out of the existing ambulance service were to provide initial cash balances for the need to operate the system prior to revenues flowing, and secondly, as the ambulance system begins getting those monies from the first 90 to 120 days, they will then begin to give them a rather solid reserve over and above any of the numbers that the Board saw earlier.
Mr. Moore stated that the business plan that was approved by the Board, and the new not-for-profit Board, showed a total subsidy needed in the first year just over $3.55 million, or somewhere in that range, and in addition they needed those funds that were mentioned, the cash flow dollars in those first 90 to 120 days, and based on the last numbers that he saw, the .55 millage raises about $4.1 million.
Ms. Whittle stated that it is staff's projection that, if the County maintains the .55 millage rate next year, it should be sufficient funding. It does raise about $4.1 million, and the County is maintaining a reserve of about $1.9 million, but with the agreements on the ambulance, in the way it is set up, if something should happen and they run out of money, then their recourse is to come back to this Board for additional funding. She stated that, in the start up, a strong reserve is absolutely necessary for the Board to maintain.
Mr. Turville stated that, speaking for the City of Clermont, it is not their suggestion that the City replace the ambulance service, but they are trying to get those response times under four minutes in the City, and hopefully that can be reflected in the County's level of service as well.
Commr. Swartz stated that he feels the costs are not going to be lowered, but he does believe that, what is already needed in South Lake County, and under this proposal, is not yet there, but he believes that it will have to be put in during this current year, or soon thereafter, and that would be the additional transport. He feels that ultimately there are going to be higher costs, and the County needs to be prepared to go forward with that.
Mr. Turville stated that he does not disagree with that assessment, as it relates to the need. He stated that the reason that the City of Clermont is rapidly moving to ALS is because of the unpredictability of the service right now.
Commr. Swartz encouraged Mr. Turville in South Lake, and the other South Lake communities, rather than taking what might appear to be relatively small amounts of the existing funding, to encourage them through what action the Board needs to take to provide the ALS and lower the time that they get life support to the people, and then if there is additional funding, let the County try to go forward and provide, maybe at the start, an additional ambulance and staff positioned at least in that area, for the 12 hour, in the first year. He stated that this might be a better service to their people than the little bit of money that might be pulled from the budget.
Commr. Swartz stated that, even though he had thought there was another approach that was better, he has supported taking the resources of the County and making the best ambulance service provider, which is the direction the majority of this Board chose to take.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved to authorize an ambulance millage of .55 for the coming year, and to authorize either the Chairman, or the County Manager, as is necessary, to advertise that as an MSTU assuming that the County has all 14 cities signed on, or in the alternative, if that does not occur, to include that .55 as a part of the County's General overall millage for the purpose of the trim notice.
Commr. Pool was not present for the discussion or vote.
Commr. Swartz made a motion, which was seconded by Commr. Hanson, for the Board to approve to send a recommendation to the Ambulance Board, and a commitment to all of the cities that, to the extent that they have the capability to increase their level of service through ALS, or other means, or in fact, if the service has the ability to provide additional increases in the level of service through additional transport, they make every effort to do that, both in South Lake County, and for all of the cities.
Under discussion, Commr. Swartz stated that the intent of the motion is, to the extent that there are funds available to do either of those, or both of those, the County will move forward to do it. He believes the ALS from the cities that can provide it will be a benefit to the entire system, and the Board needs to try and encourage that, and the cities are the only other logical place, and most cost effective place, to do that.
The Chairman called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Commr. Pool was not present for the discussion or vote.
Commr. Swartz stated that, since the adoption last year of the .10 mill, there have been virtually no instances where somebody has said they opposed it, and in fact, quite the opposite. He stated that it indicates a strong support for it, so moving forward with the .10 mill each year is necessary.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved to continue with a MSTU in the unincorporated area for stormwater of .20.
Commr. Pool was not present for the discussion or vote.
Commr. Swartz presented the Board with a handout and stated that he has some suggestions for discussion, in what is a difficult budget year, when the County is going to have a tax increase. He stated that the action the Board just took created an increase in the millage of .334, in order to provide the ambulance service and stormwater. He further stated that his proposal had some items that the Board could do to reduce the tax burden. Commr. Swartz stated that, one of the things that the Board included in this year's budget, which he thinks is prudent, and he thinks that the Board will need to come back to next year, and the following year, is the increase in the reserve up to $4 million. The County currently has a reserve of $3.2 million, and it needs to go up, but he does not think that it can go up $800,000 in a year, when the County has what is a fairly substantial tax increase. He noted that the Board needs to remember that the County has what is called a Special Reserve, which was instituted six to eight years ago, in an approximate amount of $3.9 million. Commr. Swartz suggested that the Board reduce the budget by $800,000. The Board had budgeted again from that Special Reserve by funding the Jobs Growth Investment Trust Fund. He stated that, if the Board does not transfer the $433,000 from the Special Reserve, there will still be almost $330,000 in the Jobs Growth Fund. He explained that this is unspent funds from this year that will be transferred forward. He suggested that the Board take the $433,000, which is coming out of Special Reserve, and rather than designate it in the Jobs Growth Fund this year, put it into General Fund Revenue, which helps reduce the amount of taxes the County would have to raise. Commr. Swartz stated that the third item is the request for funding from the Sheriff for patrol cars and additional equipment in the amount of $549,000. He stated that it does qualify for infrastructure sales tax, and he would propose that the Board use that money this year, but he was again encouraging the Board, in the next year, or the following year's budget, to return that money. He explained that the County could spend the money and not return it, but as the Board has done in the past, when the Board has bought Sheriff's vehicles and other County vehicles, they would return it, but use infrastructure sales tax rather than General Fund Revenue this year. Commr. Swartz stated that there are two other things that he would suggest the Board do. With regard to staffing in the Sheriff's Department, Commr. Swartz stated that the Board cannot actually tell the Sheriff how to spend his money in the Personnel line item, and he may choose to do something else, which is fine with him, but the Sheriff had requested a total of eight new law enforcement staff, six road patrol and two for the Child Abuse Investigators. He suggested that the Board fund the two Child Abuse Investigators, which are absolutely critical and is a State mandate, with the County picking up the dollars, and fund two additional deputies. He stated that this would be half of his request and would save about $300,000. Commr. Swartz stated that the last item would be his suggestion to have the Sheriff implement employee raises on their anniversary date, which he does not believe that the Board can mandate to the Sheriff, but the County and the Clerk of the Courts provide raises to all of their employees on their anniversary date. If the Sheriff would fund his raises on his employee's anniversary date, it would save, in this budget year, about $400,000.
Commr. Cadwell stated that he approached the Sheriff on the subject of raises on anniversary dates again yesterday, and he told him that he would think about it, but he was not very receptive to the idea.
Commr. Swartz stressed that these items were merely suggestions, and the Board can use any group of numbers to analyze budgets. He explained that, when he and the Sheriff were elected in 1988, they were operating under a budget that provided for him something under $6 million for his law enforcement budget. Commr. Swartz stated that he was pulling Corrections out of the figures, because those increases have been much more modest, but they have been essentially required. He explained that the budget the Sheriff inherited at that time was under $5.5 million. The budget being requested this year is $16.7 million just for law enforcement, and there is still about $1.2 million in addition to that, because of in-house transfers. Commr. Swartz stated that the Sheriff does a good job, and he can always use more money and spend more money to provide law enforcement, but $5.5 million to $16.5 million, not counting the other transfers, is a pretty significant increase over those years. Commr. Swartz stated that, if the Board adopts his suggestions, it will take what Ms. Whittle presented, which yields to about an 18% increase over the existing millage, down to 13.9% increase over the current millage. He stated that he, for one, would not want to go to the public hearing with an 18% increase, when he believes that these cuts are relatively painless and ones that the Board can accomplish. He stated that he wants to go to the people with the best budget, at least with the advertised millage.
Ms. Whittle explained that $89,000 was the total that the Sheriff came up with by hiring on a staggered basis, two people every two months.
Commr. Swartz explained that the Sheriff returns, through the County's cooperative arrangement in the jail, a significant amount, because of the Federal prisoners and the Orange County prisoners, and this has been a very good solution for Lake County's taxpayers, and the Sheriff and the Board should be commended.
Commr. Hanson stated that she has never voted to increase the millage since she has been on the Board, but the millage rate has been at 5.149 (total aggregate), and the Board has continued to do rollbacks. She stated that she does not believe in rollbacks, because she believes that this is where growth really does pay for itself. Commr. Hanson stated that she had asked Ms. Whittle to put together the dollars that the Board would have lost, if it had not gone to rollback each year, and it was about $9 million. She stated that it is a real critical mistake for the Board to go to rollback, because the dollars need to be there and, if the Board keeps the millage rate and reduces it for the growth, there are no dollars for enhanced services to the County, which are being demanded. She stated that the funding of the patrol cars should probably be paid back, because the County has already committed to other areas in its five year plan that would be funded from these dollars. Commr. Hanson stated that the big hit is the ambulance, and the Board has an obligation to provide for the ambulance service in the County. She stated that she would not oppose the budget, with Commr. Swartz's recommendations, at this time.
Commr. Cadwell stated that he would prefer for the Board to vote on Commr. Swartz's recommendations individually.
Commr. Hanson stated that she agrees with the cuts, as suggested by Commr. Swartz, because that is the responsible thing for the Board to do at this point in time.
Commr. Cadwell stated that his only concern in the reductions is the suggestion being made to two items relating to the Sheriff. He had conversations with the Sheriff about the anniversary date, and he did not get anywhere with him, and the reduction in the number of deputies is a concern to him, because after talking to people in the community, being tough on crime is something that is important to them. They want those officers there and, with setting up some new districts in South Lake, he does not feel that they can do with just two additional deputies.
Commr. Gerber stated that the Board has got to do the impact fee for law enforcement, because if the Board had the $549,000 in impact fee dollars, the County could have four more deputies.
Commr. Cadwell stated that the Jobs Growth Investment Fund is very important to him, but he agrees that this is a responsible way to look at it, and if the County has someone come in for the money, the request will certainly come back to the Board for it to find the money.
Commr. Swartz stated that the Board has one other option of looking at the Sheriff's law enforcement. He agrees that the people want more law enforcement, but if you ask them if they want more law enforcement and higher taxes, then the answer becomes somewhat muddled.
Commr. Hanson felt that a MSTU for law enforcement would give the Sheriff a better comfort level of knowing how many dollars he has to budget each year. She stated that it would be helpful if staff could get the information from Orange County and Brevard County, which have MSTU's for law enforcement.
Commr. Swartz made a motion, which was seconded by Commr. Gerber, to instruct staff to modify the budget that has been presented, by the five items, in terms of dollars, as follows, and recognizing that the Sheriff may choose a different way to address his personnel costs, and to advertise a tentative millage in the aggregate of 5.867, and for the General Fund, a 5.117 millage:
Reduce proposed FY 2001 Reserve to current level (800,000)
Reduce Jobs Growth funding for one year by using
carryfwd $ (433,000)
Fund Patrol Cars from Infrastructure Sales Tax (549,000)
Sheriff: Reduce staffing increase request by 4 new deputies (300,000)
Sheriff: Implement Raise on Anniversary (400,000)
Under discussion, Commr. Hanson questioned what the amount would be, if the Board was to separate out the libraries, as it has done for the ambulance and stormwater.
Ms. Whittle responded to Commr. Hanson's question noting that it would be just about half a mill, if the Board was to take out the library operations.
Mr. Minkoff pointed out that there are some real legal problems in the library, because of the combination of the countywide library system, so without some kind of special act, he did not think that it could be taken out of the budget.
Commr. Swartz extended his appreciation to staff for their efforts in helping the Board identify some of these cuts, and the Sheriff who works with the Board every year on his budget.
Commr. Cadwell stated that he does not have a real comfort level doing both of the Sheriff's items.
The Chairman called for a vote on the motion, which was carried by a 3-1 vote.
Commr. Cadwell voted "no", and Commr. Pool was not present for the discussion or vote.
Ms. Whittle announced that the first public hearing on the budget will be set for Thursday, September 7, 2000, at 5:05 p.m. The second hearing will be September 19, 2000, at 5:05 p.m.
REPORTS - COMMISSIONER GERBER - DISTRICT #1
COMMITTEES/TOURIST DEVELOPMENT COUNCIL/MUNICIPALITIES
Commr. Gerber stated that she had asked that there be discussion regarding the scope of activities allowed per enabling legislation of the Tourist Development Council (TDC), after several people in the community had come to her stating problems with what they consider to be the intransigent position of the TDC. She stated that the County has a five year plan currently under operation with the TDC for advertising, and she had asked for information from Mr. Dave Warren, Tourism Director, who was very forthcoming with it. She noted that, in the backup, the Board has the enabling legislation in Chapter 125, and also the County Code, which gives the scope of the TDC. She stated that, when she sees some of these places that they are advertising, and the amount of money they are spending, she personally could see where they could find a few hundred dollars for some of the programs that are going on in the County that will provide tourist destinations, and a better quality of tourist destination. Commr. Gerber stated that she is speaking for Mr. Ben Perry who sits on the TDC and is a little frustrated with what he sees as a entrenched situation where they do not want to be broadening their scope. She noted that Mr. Chet Blackmon, Mayor of the City of Leesburg, and Mr. Joe Shipes are here today. Commr. Gerber stated that there are four Main Street programs that are working so hard to develop and beautify the County, and it is frustrating for those cities to know that this money is there, but it is being spent on advertising in places like California and Delaware, and she thinks some of this money should be kept at home.
Mr. Chet Blackmon, Mayor of the City of Leesburg, addressed the Board and stated that Commissioner Ben Perry could not be here today, but the City Commission asked him to come to the meeting to represent the City of Leesburg. Mr. Blackmon explained that he and Mr. David Connolly have been members of the TDC, and after attending several of the meetings, they felt that there was really no need to be there, because the discussion centered on payments to Cramer-Krasselt for advertising and eco-tourism. When information was presented to them on where the money could be spent, they were told that it had to be spent on advertising, and whenever they presented information regarding an event in Leesburg, they were told that they could not give them any money, but they could help them advertise. Mr. Blackmon stated that they were requesting that the Board re-look at where the money goes, because they do not feel it is going in the best interest of the County, or the cities, and they would like them to have a workshop with some of the cities and some of the hotels and maybe change the direction of where the money is going.
Commr. Hanson stated that one of the biggest concerns that she had was that the City of Leesburg has not been at the meetings to be a player on the TDC, and she explained that, if they found it to be an unacceptable plan, they needed to continue to work at changing the strategic plan.
Mr. Joe Shipes, Executive Vice President, Leesburg Partnership, addressed the Board and stated that he has worked with Mr. Dave Warren, Tourism Director, for many years, not only on partnership projects, but projects prior to becoming an executive with the partnership. Mr. Shipes explained that they have received some support for display ads in trade magazines, or magazines, targeted to the market that they were going after for their special events. He stated that it was his understanding that there were problems with the grant program that the TDC had for the cities. Mr. Shipes stated that he was proposing that the grant program be re-instituted, which is provided in the County ordinance, and allow them to present an application that shows that they can fill hotel rooms, which is part of the criteria, and allow a grant dollar to be allocated, and through the County's agency, let them develop the ads and work with them to determine where those ads will do the best for their event. He stated that many of the communities throughout the State are going to signs that help direct people through the community to historical sites, and other points of interest. Mr. Shipes also stated that TDC dollars can be used for the beautification of the County's gateways, and he stressed the desperate need for an expo center in Lake County, because the County is missing many opportunities. He stated that the fair has completely outgrown its site, it is declining, and it needs to be rejuvenated to a World Class Fair.
Commr. Hanson stated that the grant program was eliminated, because the grant dollars were so short at a time when the economy was very poor. She stated that the dollars are now up and the economy is good, and they do not know how much that has to do with the advertising. She stated that Mr. Warren helped Mr. Shipes with the motorcycle event through the media, and because there are so few dollars, they are better spent in advertising and promotion than for them to give a grant to a community, or an organization, that does not completely understand where those dollars could be focused.
Mr. Shipes suggested that the grant be kept in-house and the $5,000 be used for advertising, with it being placed through discussions.
Commr. Gerber stated that they are currently spending $225,000 on advertising in places and in publications that she has never heard of and there is no way that the Board can know how effective this is because they cannot tell where the money is going. She stated that the cities are scraping to raise money for these Main Street programs and other programs.
Commr. Hanson stated that they cannot get people into Lake County by advertising in Lake County, and the event has to qualify for the dollars. She stated these are good suggestions being made today, but the concern she has is that Leesburg has always had a representative on the TDC, because they are the largest city in the County, and they approved the Five-Year Plan, so they cannot get frustrated with the system and just not come to the meetings. She questioned whether the City Council can appoint a representative, or a City Council member.
Commr. Gerber stated that she does have an alliance with the Main Street programs, however, what bothers her the most is seeing $225,000 spent on advertising that they cannot put a benchmark to and there is no way to track that money, when she knows that there are things happening in Lake County that will make the place prettier and nicer and more interesting.
Commr. Hanson stated that the bed tax has to be generated to keep the dollars rolling. She stated that TDC does have a marketing person that looks at where the ads are going, and she needs to get a report to the Board members.
Commr. Gerber stated that she was not generally in favor of bonding dollars, but because she feels it is going to be a continual stream of funds coming in, as a Board member, she would agree to bond this money to build a convention center.
Commr. Hanson stated that the Board needs to realize that it is going to take a lot of tax dollars added to the TDC dollars to have a convention center, but the other thing the County can do is pay back to the TDC the $600,000 plus interest that they have had for over ten years, which would give them money that they would have in capital to use in the budget.
Commr. Gerber stated that she was all in favor of the payback, but they need a change in direction for the TDC.
Discussion occurred regarding ways to make changes on the TDC, including replacing members who currently serve on the Council.
Commr. Hanson stated that she would take the recommendations back to the TDC for discussion.
Mr. Blackmon clarified that the City of Leesburg is asking for a workshop with some of the hotel owners in different cities to look at the plan completely, because they are going to have a hard time convincing them that where they are spending the $225,000 is working. As a representative of the City of Leesburg, Mr. Blackmon was asking Commr. Hanson to set up some type of a workshop, with not just the TDC members that they have now, but inviting different cities to participate and inviting the hotels where the money is coming from to participate.
Commr. Hanson asked Mr. Blackmon to come to the TDC meeting and make his recommendations, but noted that she would be presenting them to the TDC.
Mr. Jack Styer addressed the Board to discuss the Farmer's Market and stated that he has a friend that is a vendor during the season. Mr. Styer stated that all of the restaurants used to be full after the market closed for the day. He stated that he does not know who manages the market, but there are only about 25% of the vendors there now.
Commr. Cadwell stated that he did not know that there was a problem, but he will have someone look into this issue.
Mr. Styer explained that, when friends come to visit people in the community, they take them to the Farmer's Market, and that is one of the tourist sites that is attracting people, as well as the Webster Farmer's Market, and the Deland Farmer's Market.
Commr. Swartz explained that, after receiving Mr. Perry's letter a few months ago, he responded that he appreciated his comments, and that he believed that he was correct, in that they did need to have not just another direction in the TDC, but at least some other focus. Commr. Swartz stated that he welcomed Mr. Perry's comments and encouraged him to pursue it, and he appreciates Mr. Blackmon and Mr. Shipes for being here today. He stated that, for anyone who has taken those types of comments, or approaches, to the TDC, it has been a brick wall, and there is a focus on the TDC that is oriented toward the types of advertising that they are doing, and there is no question that it has probably yielded some success, but he thinks they need something else as well. He does not believe that, with most of the existing council, they are going to get a different focus, and he thinks they need to broaden the focus. Commr. Swartz stated that there are things that definitely bring people to Lake County, and those are the things that they should support, and in addition to that, there are other things that they can do to spend that money and maybe focus a little bit differently for awhile. In terms of paying the money back ($600,000), Commr. Swartz stated that this is an issue that has been around and around and should be discussed at another time. If the majority of this Board wants to say that they really want to go in a different direction, they should help them go in that direction, but if there are those that do not feel comfortable going that way, then maybe they need to get a little different perspective. He feels that the Board needs to do this and try to move forward with it right away.
Commr. Hanson stated that she disagrees with Commr. Swartz on the $600,000 issue, because they are yet to get a commitment from this Board to pay back those dollars, and all she needs is a plan to pay it back. In regards to the grants, she does not see any reason why they cannot do that, because Mr. Shipes is talking about grants that will be used for advertising, but they need to work closely with the event organizers to get those grants. Commr. Hanson stated that the dollars are there now that were not there earlier to try to keep the tourism numbers up in Lake County. In regards to the signs discussed by Mr. Shipes, she thinks that they are a great idea, as well as the gateways on the turnpikes. Commr. Hanson stated that, in regards to helping the art festivals, they just approved a Director for Cultural Affairs and for eco-tourism, which will be funded by TDC dollars, which was noted as a line item in the budget in the amount of $100,000, and this is a way to expand what the TDC is doing and how the dollars are being spent to help those events succeed.
Commr. Gerber explained that the Historical Society is trying to bid for the State Historical Society meeting to be held in Lake County for the year 2002, and after talking to Mr. Warren about this item, she was not satisfied with his offer, and this is what she sees as part of what the TDC's scope should be.
It was noted that Commr. Hanson will set up a workshop before the end of the year to discuss the scope of activities allowed per enabling legislation of the Tourist Development Council.
ADDENDUM NO. 1
GROWTH MANAGEMENT/COMPREHENSIVE PLAN/SUBDIVISIONS
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the open space requirements for non-PUD subdivisions and stated that there are about 20 Comprehensive Plan policies that specifically state that there will be open space. Ms. Farrell stated that there was a question that came up on a specific parcel, which has been addressed at staff level. She stated that staff wanted to point out that the Comprehensive Plan contains language regarding the ordinance update necessary to meet the County's goals and objectives, and the current Land Development Regulations (LDRs) pretty much encourage the sprawl-like patterns that they are seeing today, with no open space networks. Ms. Farrell stated that staff is requesting permission to advertise, to put the requirements in the LDRs to clarify what it says in the Comprehensive Plan, and to move forward from there.
Commr. Swartz stated, if the recommendation is to put in the LDRs clearly what the Comprehensive Plan says on issues relating to open space, and all land use designations and classifications, in order to solve questions being raised around this issue, then he would support that recommendation.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved to direct staff to prepare the necessary amendments to the LDRs, and to prepare to go to advertising regarding the issues of open space from the Comprehensive Plan.
Commr. Pool was not present for the discussion or vote.
ROAD PROJECTS/PUBLIC WORKS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss a program to bring unmaintained dirt connector roads into the County maintenance system as clay roads and stated that the Board had before them a booklet entitled "Dirt Roads - Estimate to Build Clay Roads". Mr. Stivender stated that Tab 1 shows how many roads are in the program and what district they are located in; Tab 2 shows the action to discuss the collector roads and is the first list of collector roads that was presented to the Board (the roads were taken off of the 1982 list which has been amended); Tab 3 identifies how staff was going to evaluate these roads and they would be brought back to the Board in October; Tab 4 shows the interim that involved the emergency that the Board directed staff to implement; Tab 5 is the Dirt Road Update that the Board received last month and it showed how much money was involved in the emergency operation ($106,000 was spent on about ten miles of roads at an estimated cost of $11,000 per mile); Tab 6 is the 2000 Deliverable, in an incomplete form, which is coming to the Board in October (the yellow highlights show the roads that have been paved as part of the program and brought into the County maintenance system); Tab 7 identifies the Non-County maintained collector road list based on the 1999 definition and shows the dollars associated with claying these roads and the cost to maintain these roads over time (about $984,000 based on all of the collector roads); Tab 8 is the product requested by the Board and staff's recommendation of 20 miles or so of collector roads that have been evaluated throughout the County based on the criteria that came out at the last meeting (an estimated total cost of $1,408,150 to clay those and bring them into the County maintenance system).
Mr. Stivender stated that he wanted to discuss Tab 9 with the Board. He stated that, in 13 days, the County spent $106,000, which was approximately $11,000 a mile, for about ten miles. He noted that the cost to clay identified "collector" dirt roads (as requested by the Board on 7/11/00) was estimated to be $984,623 based on 8/17/99 list of collector dirt roads. The cost to clay identified "collector" dirt roads (as requested by the Board on 7/11/00) and estimated based on the enhanced collector dirt road list, including Cardinal Lane was $1,408,150. He stated that the entire program, if the County was to pave all of those roads, would be almost $7 million, which is based on 181 miles, which would be the entire number of dirt roads including neighborhood streets. Mr. Stivender explained that the cost to build and construct a roadway that can be maintained regularly, just like the clay roads today, would cost about $37,630 per mile and would have a maintenance cost associated with it, in an approximate amount of $2,000 to $3,000 a year, or even higher depending on the situation.
Commr. Swartz questioned staff is they felt that the County has right-of-way that they consider to be sufficient to be working on these roads.
Ms. Kathy McDonald, Administrative Services Coordinator, Public Works, stated that, on that particular list (Tab 8), staff is still working on the right-of-way factor, and staff does not have the information on all of them. She noted that those roads have been identified as the neighborhood collectors.
Commr. Hanson stated that, in her District, Cardinal Lane is certainly a collector and a major impact between Wolf Branch and SR 44. She stated that there is going to be a special assessment on Forest Drive, and Georgia Street will probably fall into the CDBG grant, as well as Shetland Trail.
Mr. Stivender stated that he has asked staff to look at all of the "pony" roads (so noted because of the names), which are dedicated to the property owners.
Commr. Hanson stated that staff needs to look at a collector between SR 44 and SR 42 coming down Lake Mack Drive to Jewel Drive to Bigfoot to Fonseca, which then comes into Division, even though the County does not have right-of-way yet, because Division is paved. She stated that Mr. Travis Whigham and some of the people in this community are working very diligently to get the right-of-way dedicated to the County, and once the County gets it, it needs to be on this list, because, once again, it is for emergency services. Commr. Hanson stated that there were some roads on this list that she would not support grading, because there is not enough use. Some of them are in Mount Plymouth, and Mount Plymouth, as a whole, has gone through special assessment. She feels that, when they get their roads done, they need to go through the special assessment, because it is a neighborhood subdivision type of situation.
Commr. Swartz stated that one of the problems that he has had for a long time is that the County has had all of these roads that have gone through special assessment and gotten paved, but he does not know how many of them are neighborhood versus collector.
Commr. Hanson explained that she was suggesting that the County go ahead and bring these roads in for clay, and in order for them to get paved, they will have to go to special assessment.
Commr. Swartz stated that his understanding of her suggestion was that this would be a new class of county maintained roads that could not be paved without a special assessment. He stated that the Board really needs to have a list that really meets the criteria, and once they get the list, then they have a cost of the claying and bringing them up to a County standard, and then there will be some that will be in the special assessment process, but this particular class of County maintained roads would have to go through special assessment to get paved. He stated that, if Commr. Hanson would come forward with a funding source that would do that, he would support it.
Commr. Hanson stated that, even without the funding source, these roads need to be brought into the County maintenance system, and you do not have to have a special funding source, because it can be through general revenue. She would like to see Mr. Whigham keep working with the other neighbors in his community to get right-of-way in that area, and this would include four or five roads, but they are not on this list.
Mr. Stivender explained that, if staff had a list of roads approved by the Board, and a funding source is identified, then they will need to work on priority, and a lot of priorities are based on the neighborhood interest, and then this is rolled over to the special assessment staff, to cover the right-of-way issues and commitment by the property owners, and if there is a funding source even for six months, or a year, they will start working on the list.
Commr. Swartz stated that he had proposed, some time ago, that the Board take new pennies to do some of the things that the old pennies are doing, and take the old pennies and do some of the things that the Board can do with those.
Mr. Stivender explained that this could have been done three years ago, but based on the presentation made today, there is no swapping of pennies, because there are no pennies to swap.
Commr. Swartz explained that, if pennies were approved by the Board, in the first year that those funds were available, you would not have to have a priority list, because if you had right-of-way, you would bring them in and bring them up to County standards, and if they wanted to pave them later on, there would be funds that could be used for the special assessments. He stated that, otherwise, you are talking about putting these people on the same list that everybody else is on and there is not sufficient funds.
Commr. Hanson noted the following roads that she felt needed to be brought into the County maintenance system: Fonseca, Bigfoot, Jewel, Cardinal Lane, and Forest Drive. She noted that Hibiscus is not on this list, because it is going to be a CDBG.
Commr. Swartz stated that the process needs to be done for all roads in this category, so that the Board is not criticized. He is suggesting that the Board do what Mr. Stivender has said, but it requires all of those things. The Board is getting well on the way of getting the list that can have some modifications, and the Board will have to change the policies and create a new classification for new County maintained collector roads included in the County, as of some date, which will be different than the other County maintained roads, and bring forth a funding source. He also was suggesting that the Board be more inclusive than exclusive.
Mr. Stivender referred to Tab 3 and the evaluation procedure and stated that the time frames indicate that staff was to report to the Board in October, 2000, to present the proposal to accept additional roads into the maintenance system and a process to get there, and Tab 4 is what staff was trying to work into the system, because it was placed in an emergency system.
Commr. Swartz stated that there needs to be a comprehensive program, not a piece-meal program, if the Board is going to do it, and the Board needs to have a funding source that will accomplish this, but will provide funds for all special assessments.
Commr. Cadwell stated that staff can bring back a list and tell the Board the best roads that need to be paved and where they need to be spending the money, but they will have to make the decision on the funding source. He stated that this is not a public hearing, but he had told Mr. Roy Hunter that he could speak on this subject.
Mr. Roy Hunter addressed the Board and stated that the road emergency still exists, and the residents, the Sheriff, and the School Board believe it still exists. Mr. Hunter explained that he went before the School Board, and they passed an emergency motion to donate a man-truck and a man-loader, so that the Sheriff could keep using his grader. He stated that there were 32 roads done, but there are still 108 sand roads that were not done in northeast Lake County. He understands that some of the roads are special assessment projects, as approved today, and he wanted to extend his appreciation to the Board for approving the assessment and the Federal grant. Mr. Hunter explained that, in Lake Kathryn, there were 37 roads not done; Forest Hill there were 37 roads not done; 11 roads in Crows Bluff; and 25 in Shockley Hills. He stated that there are so many people that need the County's help for their health and welfare, and they need the Sheriff's protection and ambulance protection, and they cannot get it without decent roads. Mr. Hunter stated that he feels the Board has a chance for an ongoing legacy of partnership with the Sheriff and the School Board. He suggested that the Board take care of the roads on a percentage formula, which would be fair for all five districts. He further suggested a secondary clay maintenance road program for roads that may not be used as much as others, and may not be collector roads, and they could be graded every quarter. Mr. Hunter extended his appreciation to the Board and staff for all of their assistance.
REPORTS - COMMISSIONER CADWELL AND DISTRICT #5
REPORTS/PROPERTY APPRAISER
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously by a 4-0 vote, the Board approved the request for the Chairman to sign the Property Appraiser's 1999 Errors & Insolvency Report.
BUDGETS/MEETINGS
Ms. Sue Whittle, County Manager, informed the Board that, in regard to a public hearing date for the budget, staff has discovered that two of the cities have their public hearings already scheduled for September 7, 2000. Ms. Whittle suggested that, even though it is election day Tuesday, September 5, 2000, the public hearing will be moved back to that day, at 5:05 p.m.
AUDITS/COMMITTEES/COMMISSIONERS
Commr. Hanson informed the Board that she had been asked by Ms. Karen Marcus with the Florida Association of Counties, to serve on the Association's Finance & Audit Committee for the next year.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 1:20 p.m.
WELTON G. CADWELL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/8-1-00/8-11-00