A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 17, 2000

The Lake County Board of County Commissioners met in regular session on Tuesday, October 17, 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; Robert A. Pool; and G. Richard Swartz, Jr. Others present were: Sue Whittle, County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Cadwell informed the Board that he needed to add to the Agenda, under his Commissioner's Business, the appointment of a Commissioner to the Canvassing Board for the November General Election, noting that Ms. Emogene Stegall, Supervisor of Elections, cannot serve on it this year, because she is up for election. He stated that she could be present in an advisory capacity, but could not serve on it.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda, under Commr. Cadwell's business.

Commr. Hanson informed the Board that she would like to place on the Agenda, under her Commissioner's Business, a Resolution honoring a member of the Sorrento community who has served in one of the local churches, in various capacities, for 46 years and is being honored by her church.

On a motion by Commr. Swartz, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda, under Commr. Hanson's business, approval of a Resolution honoring a Sorrento resident, as noted.

Mr. Sandy Minkoff, County Attorney, informed the Board that he had several items that he would like to bring to their attention, under his County Attorney's Business, however, noted that the Board could decide whether they wanted to place said items on the Agenda at that time.

PRESENTATIONS/PUBLIC HEARINGS

PRESENTATION

COMMISSIONERS/SHERIFF'S OFFICE

Lake County Sheriff George Knupp addressed the Board stating that the Board has supported the Sheriff's Office each year, when they have asked for budget increases and various types of equipment, and they appreciated it. He noted that Commr. Swartz and Commr. Gerber were retiring this year and he wanted to do something for them, as well as the entire Board. He stated that he felt Commr. Swartz had done an exceptionally good job during his tenure, as well as Commr. Gerber, and that he appreciated their support. He presented each of the Commissioners with a plaque, in appreciation of their service to the County and their support to the Sheriff's Office.

MINUTES

Regarding the Minutes of September 5, 2000, the following was requested:

On Page 17, Line 1, change emission to mission.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 5, 2000, as corrected.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the Minutes of September 19, 2000, as presented.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Bonds - Contractor



Request for approval of Contractor Bonds - New, Renewals, Stipulation, and Cancellations, as follows:



NEW



116-00 Barth's Welding and Construction, Inc.

390-01 T. Graham Phillips d/b/a Multi-Con Electric, Inc.

402-01 Robert D. Boone d/b/a Boone Sign Erection and Service, Inc.

536-01 Ronald I. Brown d/b/a Semco Electric, Inc.

649-01 Thomas F. Evans d/b/a State Electric Company

801-01 James L. Stinson d/b/a Stinson Electric, Inc.

1083-01 William J. St. John (Electrical)

1420-01 Paul C. Thomas (Building)

1691-01 Franklin L. Russell d/b/a Russell's Electrical Service

1693-01 James A. Cichielo - The Villages of Lake Sumter, Inc. (Residential)

1922-01 Orin G. Cooper, II d/b/a Mid-State Plumbing, Inc.

3096-01 Terry Ross d/b/a TFR, Inc.

4031-01 Harold Vernon d/b/a Harold's Plumbing

4167-01 George S. Agner (Electrical)

4202-01 John J. Hoffman d/b/a Trent Electric, Inc.

4245-01 James W. Spencer d/b/a J & R Signs

4366-01 James A. Quarles (Residential)

4449-01 James L. Cox (Residential)

4525-01 William D. Warshaw d/b/a American Electric Central Florida, Inc.

4689-01 Lyndon G. Denelsbeck d/b/a Tropical Plumbing

4708-01 T. H. Little d/b/a T. H. Little, Inc. (Electrical)

4709-01 Ellis Kent Chavers d/b/a Chavers Electric

4761-01 Randy L. Qualls (Electrical)

4762-01 Dale Michael Rex d/b/a Dale Rex Construction (Residential)

4764-01 Jack A. Hobbs d/b/a Aluminum Structures by Jack Hobbs, Inc.

4804-01 James F. Chaffee d/b/a D & J Electric Company, Inc.

4819-01 Robert M. James (Electrical)

4917-01 Richard Horn d/b/a R & R Electrical Allstar

4928-01 James Alderman (General Concrete and Mason)

4938-01 Theodore A. Mapes, Jr. d/b/a Mapes Roofing Company, Inc.

5008-01 Tommy B. Boles d/b/a Sync Plumbing, Inc.

5027-01 Kenneth Lawrence Watson (Roofing)

5043-01 Tony Dinatale d/b/a A & D Electric, Inc.

5050-01 Lawrence E. Tift, Jr. d/b/a Innovative Electric, Inc.

5193-01 Billy Ray Hall d/b/a Bill Hall's Plumbing

5207-01 Bread Industries, Inc. d/b/a Pinch-a-Penny No. 61 (Swimming Pool)

5238-01 Laverne L. Smith d/b/a S & S Electric Co., Inc. (Electrical)

5253-01 Ron Troutman

5280-01 Donald Reilly d/b/a Art-Kraft Sign Co., Inc.

5348-01 Richard L. Poppa d/b/a D P Electric Company (Electrical)

5371-01 Peter E. Hetherman d/b/a Peter E. Hetherman General Contractor

5379-01 Felix Dusham Pregasem d/b/a Metro Air Tech

5396-01 Steven C. Douglas d/b/a Signs City of Central Florida, Inc.

5433-01 Paul Elliot Rennebu d/b/a Rakes Electric, Inc.

5466-01 Richard N. Ream d/b/a Tropical Sign & Neon Service, Inc.

5488-01 Donald T. Smith (Aluminum)

5591-01 William M. Lynch, III (General)

5599-01 Charles R. DePari, Jr. d/b/a Ace Electrical Service, Inc.

5633-01 Ricky Wayne Jarvis d/b/a Mechanical Refrigeration, Inc.

5688-01 John D. Green d/b/a Windmill Properties (Residential)

5696-01 Bun Long Ly d/b/a United World Electric, Inc.

5706-01 Kevin A. Kennedy d/b/a Special K Electric, Inc.

5746-01 Dean Engler d/b/a Engler Roofing, Inc.

5755-01 Florida Home Guard, Inc.

5763-01 James L. Loop

5768-01 Mark J. Bordeau (Plumbing)

RENEWALS



152-02 Bill J. Monn c/o Don Monn Enterprises

355-02 Wendell Gaertner (Building Contractor)

5663-01 Advanced Electrical Installations, Inc.



STIPULATION



5770-01 Larry Mott d/b/a Mott Concrete, Inc.

(The premium anniversary date of this bond shall be October 1, 2001)



CANCELLATIONS



624-00 Krueger-Taylor Construction (Aluminum Walkways)

5614-00 Clyde Cosgrove (General)



Accounts Allowed/Courts-Judges



Request for approval of Satisfaction of Judgment for State of Florida vs. Jeffrey A. Grantham, in the amount of $750.00 - Case No. 00-470-CFA.



Accounts Allowed



Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.



Reports



Request to acknowledge receipt of Country Club of Mt. Dora Community Development District's Annual Financial Report, for units of Local Government, for Fiscal Year ended September 30, 1999, in accordance with Chapter 189.418, Florida Statutes.



Public Hearings



Request to acknowledge receipt of Country Club of Mt. Dora Community Development District's Fiscal Year 2000-2001 Notice of Public Meeting Schedule and District Map, in accordance with Chapter 189, Florida Statutes.



Budgets/Water Authority



Request to acknowledge receipt of Lake County Water Authority's (f/k/a Oklawaha Basin Recreation and Water Conservation and Control Authority) Final Budget for Fiscal Year 2000-2001.



COUNTY MANAGER'S CONSENT AGENDA

Ms. Sue Whittle, County Manager, informed the Board that she would like to withdraw Tab 7 from the County Manager's Consent Agenda, a request from Facilities and Capital Improvements for approval for the Chairman to execute a Grant Agreement with the Florida Department of Environmental Protection for a Land and Water Conservation Acquisition Grant, Twin Lakes Park - Project No. F01062, in the amount of $50,000.00, to be rescheduled at a later date.

Commr. Gerber requested that Tab 5 be pulled from the Consent Agenda, for discussion, a request from Economic Development for approval of Agreements between Lake County and the Economic Development Commission of Mid-Florida, Inc.; FY 2000/2001 Master Agreement; and Agreement to Service an Industrial Development Authority, in the amount of $206,500.00.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the following requests:

Accounts Allowed/Community Services/Contracts, Leases and Agreements



Request from Community Services for approval and signature authorization on the Agreement between We Care of Lake County, Inc. and Lake County, for the Annual Funding contribution, in the amount of $70,000.00.



Community Services/Public Health/Reports



Request from Community Services for approval to receive the Lake County Health Department Quarterly Report, for the period ending June 30, 2000.



Facilities and Capital Improvements/Outdoor Recreation



Request from Facilities and Capital Improvements for approval to fund the three Regional Park Projects for FY 2000/2001, as follows:



Lake Soccer League - concession stand and restroom - $15,000.00

City of Tavares - skateboard park, in partnership with Golden Triangle YMCA - $95,000.00

City of Clermont - lighting for Hancock Park - $40,000.00



Facilities and Capital Improvements/Municipalities/Outdoor Recreation



Request from Facilities and Capital Improvements for approval to transfer ownership and operation of Summerall Park to the City of Tavares.



Accounts Allowed/Contracts, Leases and Agreements/Grants

Facilities and Capital Improvements/Municipalities



Request from Facilities and Capital Improvements for approval for the Chairman to execute an Interlocal Agreement between Lake County and the City of Leesburg, for Phase II of the Venetian Gardens Accessibility Project, in the amount of $15,000.00, recipients of the grant for FY 2000/2001.



Accounts Allowed/Contracts, Leases and Agreements

Facilities and Capital Improvements/Outdoor Recreation



Request from Facilities and Capital Improvements for approval for the Chairman to execute a First Amendment to the Agreement between Lake County and the South Lake YMCA, in the amount of $10,000.00, for purchase and construction of picnic and playground equipment at the YMCA's Lost Lake Reserve, to allow additional time to construct the facility, until March 30, 2001, relating to the contribution of Infrastructure Sales Tax Funds for Community Recreational Projects for FY1999/2000.



Accounts Allowed/Facilities and Capital Improvements/Grants/Municipalities



Request from Facilities and Capital Improvements for approval and signature authorization from the Chairman and the City of Tavares, for the construction of regulation lighting at Fred Stover Field, in the amount of $13,200.00, recipients of the grant for FY 2000/2001.



Contracts, Leases and Agreements/Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval for the Chairman to execute a Parking Agreement between the First Baptist Church of Tavares and Lake County.



Accounts Allowed/County Property/Emergency Services/Fire Rescue

Facilities and Capital Improvements



Request from Facilities and Capital Improvements for approval and signature for the purchase of 2.68 acres, on U.S. 27/CR 474 in south Lake County, for a fire station, in the amount of $275,000.00.



Accounts Allowed/Budgets/Budget Transfers/Emergency Services/Fire Rescue

Facilities and Capital Improvements/Fiscal and Administrative Services - Budget



Request from Fiscal and Administrative Services - Budget for approval of budget transfer from General Government Buildings to Sales Tax Capital Projects Fund - Facilities and Capital Improvements - Land, in the amount of $275,000.00. Funds are needed to purchase land to build a South Lake fire station.



Accounts Allowed/Contracts, Leases and Agreements/Suits Against the County

Risk Management



Request from Risk Management for approval and authorization for the Chairman to sign a Settlement Agreement, in the case of Glover vs. the Lake County Board of County Commissioners, in the amount of $33,218.00, subject to the County Attorney's review and approval. The settlement amount is $100,000.00. Lake County's portion of this settlement is $50,000.00. The fiscal impact (unpaid portion of the self-insured retention) is $33,218.00.



Contracts, Leases and Agreements/Risk Management



Request from Risk Management for approval to renew the contact with Ernst & Young, to provide actuarial services for liability reserves; and authorization for the Chairman to sign the contract, subject to review and approval by the County Attorney.



Contracts, Leases and Agreements/Growth Management



Request from Growth Management for approval of Settlement Agreement between Harbor Hills Development and Lake County.



Deeds/Growth Management/Rights-of-Way, Roads and Easements



Request from Growth Management for approval of Non-Exclusive Easement Deed (Family Density Exemption 2000-018) for John and Ann V. Wolan.



Contracts, Leases and Agreements/Growth Management



Request from Growth Management for approval of Settlement Agreement between Nika Garriott Felty, Trustee, Eagle's Nest Mobile Homes Estates Land Trust and Lake County.



Accounts Allowed/Bonds/Public Works/Subdivisions



Request from Public Works for approval and authorization to release Maintenance Bond, in the amount of $11,134.73, posted for Vineyard Estates Subdivision - Commission District 2.



Accounts Allowed/Bonds/Public Works/Subdivisions



Request from Public Works for approval and authorization to release Maintenance Bond, in the amount of $6,832.92, posted for Hills of Lake Louisa Phase Three Subdivision - Commission District 2.



Accounts Allowed/Public Works/Subdivisions



Request from Public Works for approval and authorization to release Letter of Credit, for Maintenance, in the amount of $17,615.78, posted for Savannas Phase 2B Subdivision - Commission District 2.



Accounts Allowed/Public Works/Subdivisions



Request from Public Works for approval and authorization to release Letter of Credit, for Maintenance, in the amount of $17,300.00, posted for Westchester Phase 5 Subdivision - Commission District 2.



Accounts Allowed/Contracts, Leases and Agreements/Public Works



Request from Public Works for approval and acceptance of Agreement between Lake County and Joanne M. Greene and David K. Greene, her husband, concerning Youpon Trail, a non-county maintained road, in the amount of $550.00.



County Property/Municipalities/Public Works/Rights-of-Way, Roads and Easements



Request from Public Works for approval and execution of CORRECTIVE Easement over County-owned property across abandoned railroad and right-of-way, in the Umatilla area, to provide access to property owned by Kenneth R. Whitmarsh, for a golf course.



Contracts, Leases and Agreements/Municipalities/Public Works/Roads-County and State



Request from Public Works for approval to adopt an Agreement transferring a portion of Skyline Drive (5-7773) and a portion of CR 44A/Rose Street to the City of Umatilla.



Accounts Allowed/Contracts, Leases and Agreements/Public Works/Resolutions

Roads-County and State/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Lake Montgomery Estates Subdivision; execute a Developer's Agreement, for Maintenance of Improvements, between Lake County and Lake Montgomery Estates, L.L.C.; accept a check, in the amount of $17,078.20; and execute Resolution No. 2000-176, accepting Lake Montgomery Boulevard (2-2338A) into the County Road Maintenance System. Subdivision consists of 19 lots - Commission District 2.



Accounts Allowed/Budgets/Mosquito and Aquatic Plant Management/Public Works



Request from Public Works for approval and signature on the Revised Tentative Certified Budget for Arthropod Control for FY 2000-2001, in the amount of $35,328.00



Accounts Allowed/Contracts, Leases and Agreements/Municipalities/Public Works

Road Projects/Roads-County and State



Request from Public Works for approval and authorization to execute an Interlocal Agreement between Lake County and the City of Leesburg, relating to the Thomas Avenue Extension Construction Project; and to encumber $74,950.00 from the Road Impact Fee Fund. Benefit District 3 - Commission District 1.



Accounts Allowed/Contracts, Leases and Agreements/Public Works/State Agencies

Roads-County and State



Request from Public Works for approval and authorization to execute a Contractual Services Agreement with the Florida Department of Transportation, to receive $14,710.88 in revenue, relating to repairs on county roads (CR 565, from SR 50 to U.S. 27, and Lake Emma Road (2-2119), from SR 19 to CR 565), as a result of the SR 19 Bridge Replacement Detour, subject to review and approval by the County Attorney.



Municipalities/Public Works/Rights-of-Way, Roads and Easements/Road Vacations



Request from Public Works for approval to advertise Road Vacation Petition No. 939, by William and Addie Edwards, to vacate right-of-way recorded in Section 18, Township 18, Range 24 East, located in the Lady Lake area - Commission District 5.



ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS

ECONOMIC DEVELOPMENT

Commr. Gerber stated that incremental increases have been approved for the Economic Development Commission of Mid-Florida over the years; but, the Board usually discussed them first, thus, her reason for asking that this request be pulled from the Consent Agenda.

Commr. Cadwell stated that the matter was discussed two years ago, when the Economic Development Commission of Mid-Florida tried to even up the counties, population wise. He stated that the formula involved with this request was the one that everyone agreed upon, which would, at some point, bring the County up to where it should be. He stated that there was originally a set fee for the outlying counties, but it was disproportionate, compared to the fees for the City of Orlando and Orange County.

On a motion by Commr. Gerber, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from Economic Development for approval of an Agreement between Lake County and the Economic Development Commission of Mid-Florida, Inc.; the FY 2000/2001 Master Agreement; and an Agreement to Service the Industrial Development Authority, in the amount of $206,500.00.

CITIZEN QUESTION AND COMMENT PERIOD

No one present wished to address the Board.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

CODE ENFORCEMENT/GROWTH MANAGEMENT/ORDINANCES

Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board and explained this request, stating that it pertained to a change in Chapter 14 of the Land Development Regulations, to allow for enforcement by the Code Enforcement Board, concerning Fee Resolutions.

On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval to advertise an Ordinance regarding a change to Chapter 14.5 of the Land Development Regulations, allowing for enforcement by the Code Enforcement Board, concerning Fee Resolutions.

ACCOUNTS ALLOWED/PUBLIC WORKS/ROADS-COUNTY AND STATE

RIGHTS-OF-WAY, ROADS AND EASEMENTS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that it was a request for approval to acquire right-of-way on Fonseca Lane, Big Foot Way, and Jewell Drive, for the purpose of constructing a clay county maintained road from Pine Lakes to Forest Hills, at an estimated cost of $105,000.00. He reviewed an aerial of the property in question and answered questions from the Board regarding the request

Commr. Swartz stated that the County's Road Policies state, in order to bring a road into the County Road Maintenance System, it must meet county standards.

Commr. Hanson stated that she felt, if that is what the policies state, they need to be changed, to allow some of the County's roads to come into the County Road Maintenance System, particularly those roads that connect to paved roads.

Commr. Pool stated that he felt it was in the best interest of the communities to have such roads accepted into the County Road Maintenance System.

Commr. Cadwell stated that the areas in question were two areas that the County targeted for middle school after school programs; therefore, he felt it would be well worth the money and time spent to do it.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried, by a 4-1 vote, the Board approved a request from Public Works for approval to acquire right-of-way on Fonseca Lane, Big Foot Way, and Jewell Drive, for the purpose of constructing a clay county maintained road from Pine Lakes to Forest Hills, at an estimated cost of $105,000.00.

Commr. Swartz voted "No".

PUBLIC WORKS/ROADS-COUNTY AND STATE/ROAD PROJECTS

Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that, in August of this year, the Board requested staff to evaluate the 2001-2005 Gas Tax Road Construction Program - Clay to Paved. He referred to a memorandum, dated September 27, 2000, contained in the Board's backup material, regarding a survey that staff recently conducted, where they took the top three road projects listed on the 2001-2005 Gas Tax Road Construction Program for each district and requested the property owners' input, regarding the paving of their roads, which he reviewed with the Board. He noted that staff evaluated other projects, as well. He stated that, based on the Board's direction, the projects listed on the memorandum would be the ones that the County would go forward with first.

Commr. Hanson questioned whether there had been any discussion about using some infrastructure sales tax for any of the roads.

Commr. Cadwell stated that he has been talking to representatives from the cities about that matter and felt they might be making a presentation to the Board regarding it, within the next 60 to 90 days.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the 2001-2005 Gas Tax Road Construction Program - Clay to Paved.

REPORTS

COUNTY ATTORNEY

CODE ENFORCEMENT BOARD/CONTRACTS, LEASES AND AGREEMENTS

Mr. Sandy Minkoff, County Attorney, explained this request, stating that staff was requesting approval for the renewal of the agreement the County has with J. J. Dahl, who serves as the Code Enforcement Board's attorney.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of the Agreement between Lake County and J. J. Dahl Relating to Outside Legal Services to the Code Enforcement Board.



REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/COURTS-JUDGES

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it was a request for the renewal of agreements with Scott Wynn and J. J. Dahl. He stated that the total costs for each of the attorneys is approximately $160,000.00 per year, which is for providing counsel to the parents of children where the State is seeking to have the children declared dependent, or parental rights terminated.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of Amendments to Agreements with Scott Wynn and J. J. Dahl, for juvenile dependency and termination cases.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/EMERGENCY SERVICES

Mr. Sandy Minkoff, County Attorney, explained this request, stating that it involves an interlocal agreement between the County and the South Lake County Hospital District, where the South Lake County Hospital District agrees to transfer their ambulances and other property to Lake Sumter Emergency Medical Services, Inc., for the provision of ambulances, and, in addition to that, they are going to pay the County $772,530.00, which will be South Lake County's share of the Reserve Account, which the North Lake Ambulance District had set aside.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an Interlocal Agreement between Lake County and the South Lake County Hospital District Relating to Emergency Medical Transportation Services.

REPORTS

COUNTY ATTORNEY

ORDINANCES

Mr. Sandy Minkoff, County Attorney, informed the Board that he would be placing the Adult Entertainment and Public Nudity Ordinances on the Agenda for the November 7, 2000 Board of County Commissioner's Meeting, at 5:05 p.m., for their second and final reading.



REPORTS

COUNTY ATTORNEY

ASSESSMENTS/SUITS AGAINST THE COUNTY

Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to place on the Agenda a case where the County was sued by Calflor, a company who operates the Citrus Valley Campground, who is seeking to invalidate their fire assessment and have the property reassessed, based on an act that was passed by the Legislature last year, which staff does not feel is applicable. He stated that they are claiming that the assessment methodology Government Services Group, Inc. (GSG) did was unfair to them as a campground. He stated that Nabors, Giblin & Nickerson, the County's outside legal counsel, has always handled assessment litigation in the past and questioned whether the Board would like for them to handle this case, or whether they would rather have staff handle the case in-house.

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

On a motion by Commr. Pool, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to have the law firm of Nabors, Giblin & Nickerson, the County's outside legal counsel, handle a lawsuit filed against the County, with regard to the fire assessment that was assessed against the Citrus Valley Campground.

REPORTS

COUNTY ATTORNEY

CONTRACTS, LEASES AND AGREEMENTS/COURTS-JUDGES

LAKE COUNTY JUDICIAL CENTER

Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda a request involving the Lake County Judicial Center. He stated that the contractor that has been doing the work at the Lake County Judicial Center, with regard to the completion of Courtroom A and the Judicial Suites, has been declared in default and has abandoned the job. He stated that the bonding company, Cumberland Mutual, has agreed to provide a substitute contractor, as well as continue the bond that is in force for said contractor. He stated that, in order for them to continue working, there has to be an agreement between the County and the bonding company, accepting the substitute contractor. He requested the Board's approval of same.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to accept an agreement between Lake County and Cumberland Mutual, the bonding company for the contractor who has been doing the work at the Lake County Judicial Center, with regard to completing Courtroom A and the Judicial Suites, who has been declared in default and has abandoned the job, to provide the County with a substitute contractor, as well as to continue the bond that is in force, for said contractor.

REPORTS

COMMISSIONER POOL - DISTRICT 2

MISCELLANEOUS

Commr. Pool informed the Board that the South Lake Chamber of Commerce will be holding a breakfast at Jenkins Auditorium on Friday, October 20, 2000, at 7:30 a.m., at which time the West Orange Airport Authority will be giving a presentation regarding what is going to happen in the West Orange County area. He stated that everyone was invited to attend. REPORTS

COMMISSIONER POOL - DISTRICT 2

COMMITTEES

Commr. Pool informed the Board that the Lake Apopka Basin Planning Initiative Steering Committee will be holding what is anticipated to be its final meeting on Monday, November 13, 2000, at the Tanner Building, at 5:30 p.m. He stated that the Friends of Lake Apopka will be presenting development guidelines and the Lake Apopka Basin Planning Initiative Steering Committee will be presenting some vistas, views, trails, and options to secure eco-tourism.

REPORTS

COMMISSIONER SWARTZ - DISTRICT 1

COUNTY PROPERTY/COURTS-JUDGES/LAKE COUNTY JUDICIAL CENTER

Commr. Swartz stated that he felt staff should be directed to bring the Board a financing plan for the Courts expansion, explaining how the County is going to finance the facility in the future and on what time frame, noting that they have directed staff to go forward and begin planning functions for the addition to the Courts facility. He stated that the Clerk of Circuit Court has some concerns about his short-term and long-term space and the County's timeframe of moving forward with tentative commitments that have been made by the County.

It was the consensus of the Board to have staff bring back to them a financing plan, with regard to the Courts expansion, explaining how the County is going to finance the facility in the future and on what time frame.

ADDENDUM NO. 1

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2000-177, proclaiming October 29 through November 4, 2000 as Florida Overpopulation Awareness Week in Lake County.

REPORTS

COMMISSIONER HANSON - DISTRICT 4

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2000-178, declaring October 22, 2000 as Minnie B. Harvey Appreciation Day, honoring Deaconess Minnie B. Harvey for 46 years as Church Clerk, Sunday School Teacher, and Deaconess at the New Hope Missionary Baptist Church in Sorrento.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

RESOLUTIONS

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2000-179, proclaiming November 15, 2000 as Blue Jeans for Babies Day in Lake County, in support of the March of Dimes.

REPORTS

COMMISSIONER CADWELL - CHAIRMAN AND DISTRICT 5

ELECTIONS/SUPERVISOR OF ELECTIONS

Commr. Cadwell informed the Board that Ms. Emogene Stegall, Lake County Supervisor of Elections, is up for election, therefore, cannot participate on the Canvassing Board for the upcoming General Election, to be held November 7, 2000. He stated that the Florida Statutes state that the Chairman can appoint a member of the Board of County Commissioners to the Canvassing Board; therefore, he would like to appoint Commr. Hanson to said Board.

On a motion by Commr. Pool, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the appointment of Commr. Hanson to the Lake County Canvassing Board for the upcoming General Election, to be held November 7, 2000, due to the fact that Ms. Emogene Stegall, Lake County Supervisor of Elections, is up for election and cannot participate on said Board.

RECESS AND REASSEMBLY

At 9:45 a.m., the Chairman announced that the Board would recess until 11:00 a.m. for a worksession involving the Tourist Development Council.

WORKSESSION

SCOPE OF ACTIVITIES OF THE TOURIST DEVELOPMENT COUNCIL

ACCOUNTS ALLOWED/TOURIST DEVELOPMENT

Mr. Dave Warren, Tourist Development Director, addressed the Board stating that Cramer-Krasselt, the County's advertising agency, would be making a presentation to the Board about the scope of activities of the Tourist Development Council.

Mr. Joe Bouch, Vice President/Director of Client Services, Cramer-Krasselt, addressed the Board and gave a brief overview of the history of the Tourist Development Council. He discussed the issue of tax collection comparisons and how said dollars have been used, as well as discussed the commitment of TDC funds.

Ms. Jackie MacKay, Vice President/Director of Public Relations, Cramer-Krasselt, addressed the Board and reviewed the Five Year Marketing Plan - its development, execution, and results, and what Cramer-Krasselt has done over the last three and a half years, with regard to same.

Mr. Matthew Ryan, Account Executive, Cramer-Krasselt, addressed the Board and reviewed the results of the Five Year Marketing Plan, with regard to its objectives, strategies, and tactics.

Mr. Brent Nelson, Director of Events, Central Florida Sports Commission, addressed the Board and reviewed various sports marketing activities that the TDC and the Central Florida Sports Commission (CFSC) have been a part of, since 1999, such as the Lake County Baseball Invitational, the Southern Bass Trails Classic, Crappie USA, the USAT World Championship, the NCAA Division II and III Golf Tournaments, the Governor's Cup Statewide Fishing Tournament Series, and the Lake County Amateur Golf Tournament that is hosted by the CFSC in all five of the counties within the Fifth District. He stated that, with regard to the year 2000, the TDC and the CFSC have been involved with Crappie USA, the FSWGA Championship Golf Tournament, the BASS State Team Tournament, Baseballprospects.com Invitational, the Fourth Annual Governor's Cup, the Transamerica Athletic Conference (TAAC) Golf Tournament, the Spring Explosion Bass Tournament, the NCAA Men's Golf Regional, the NCAA Women's Division I Golf Tournament, the AAU Junior Olympic Golf Championship, and the Lake County Amateur Golf Tournament.

Mr. Nelson reviewed the 2001 Sports Marketing Projections for the TDC, noting that their greatest success story is the 2001 NCAA Division I Women's National Championship. He stated that the projected economic impact on the Lake County community is $705,450.00, with the projected tax recovery by the community being $10,127.00. He stated that the event will take place at the Mission Inn, in Howey-in-the-Hills, and will receive six hours of national television coverage.

Ms. Evelyn Fine, Mid-Florida Marketing Research, addressed the Board and discussed the results of some research that she recently conducted for the Tourist Development Council, as well as some research that she had conducted over the past few years. She stated that she has been doing visitor profiles - determining who the visitors are, why they come, what they do while they are in the County, etc., and, to that end, have been collecting occupancy and average daily rate information for the past two years. She stated that she has also done focus groups, in which they have dealt with the reasons why people would or would not come to Lake County and ways in which they might be able to get to come to the County. She stated that, with regard to research that is ongoing, its purpose is to determine what has happened, as a result of advertising. She stated that approximately 50% of those people who inquired about the County, as a result of advertising that was done for the County, did actually choose Lake County for their destination, which she noted is higher than average. She stated that she is wrapping up the new version of the Economic Impact Study, however, noted that, in 1997, the economic impact for Lake County was $504,000,000; 5,700 jobs were generated for Lake County residents; and $1,350,000 was generated in general revenue sales tax by tourists, which shows that there is a significant impact in Lake County by tourists.

Mr. Ben Perry, City Commissioner, City of Leesburg, and member of the Tourist Development Council, addressed the Board stating that it was obvious that the TDC and the consulting groups have done an excellent job advertising Lake County. He stated that he wanted to dispel a myth that he is against advertising, noting that it is not true. He stated that the Florida Statutes and the Ordinance setting up the TDC addresses things that the TDC is supposed to do and how the funding is to be spent; however, it appears that approximately 90% of said funds are being spent on advertising alone and the rest of the things are not being addressed at all. He requested the Board to review the Ordinance and give some guidance on how much should be spent in the various areas.

Mr. Sandy Minkoff, County Attorney, informed the Board that, according to the Florida Statutes and the Ordinance, TDC funds can be spent on one item, several items, or across the Board and there is no requirement that advertising be done, or that a facility be built. He stated that the Statutes and the Ordinance just indicate things that the funds can be used for.

Mr. Warren readdressed the Board and answered questions regarding what TDCs in other counties spend, percentage wise, on advertising, as opposed to other projects; and what Lake County spends on advertising (68% of budget), personnel services (18%), professional services (0%), contractual services (1.8%), and administration (3.7%).

Commr. Gerber referred to a list that the Board had been given, prior to the meeting, indicating various locations where Lake County is advertised, noting that she did not have a problem with the County advertising in Southern Living, the Orlando Sentinel, and even some of the larger newspapers; however, she did not agree with advertising that is being done in what she considers to be fairly obscure vacation places. She stated that she could not see where there was any accountability for it. She stated that the Board would like to have a little more home-based emphasis placed on what the County is doing, noting that she feels room nights can be generated from neighboring communities much more easily than from someplace like Wisconsin.

Mr. Bouch responded to Commr. Gerber's concern, noting that the bulk of the dollars spent for print advertising for the County, for the entire year, is done in the Orlando Sentinel.

Commr. Cadwell questioned whether it would not generate more room nights for the County, if the TDC spent money to improve facilities within the County, as well as particular events.

Mr. Warren stated that, with regard to the area of sports, it is spelled out in the Florida Statutes that TDC money can be used for sports facilities, or convention centers; however, with regard to Lake County, the TDC went to the people who were holding particular events and asked them what they could do to help drive up their attendance.

Mr. Bouch interjected that the Orlando Convention and Visitors Bureau spends approximately 95% of their dollars on traditional advertising. He stated that they do not spend any of their dollars on infrastructure. He discussed the grant program that the TDC had several years ago and problems associated with it, noting that, due to said problems, the TDC decided they would make an honest attempt to try to advertise as many events as they could, in as many cities as they could, to make sure that people were treated equitably. He stated that, when the TDC tried to give dollars to an actual event, it bogged them down more than it had ever been at any other time, because they could only tap into 1/10th of the events that were taking place in the County.

Commr. Cadwell stated that one of the things that generated this discussion about the scope of activities of the Tourist Development Council was the list that the Board was given, alluded to earlier, indicating what had been spent on infrastructure. He stated that all the items on said list, except for possibly one, was originally generated by the Board and then taken before the Tourist Development Council, sometimes more than once, requesting funding. He stated that it is felt by the Board that maybe they have a different philosophy than the TDC.

Commr. Hanson stated that, with regard to the issue of the grant program, she feels the TDC can do it again and probably eliminate some of the problems that were prevalent in the past, by requiring that every project have countywide impact, which might help the situation, but still allow the continuance of the advertising; however, she noted that it would take some additional funding. She stated that the Board borrowed approximately $660,000 from the TDC, in the early 1990s, and she would like to recommend that the TDC receive at least the interest on said money, to put into a grant program. She stated that that was how the grant program was originally funded and she did not have a problem with going back to it.

Ms. Carol Simpson, the owner of a small bed and breakfast in Mt. Dora and a member of the TDC, addressed the Board stating that for her to collect the bed tax means to promote additional bed nights. She stated that she can fill her rooms a hundred times, when there are events in the County, but she would like for the County to find other ways to bring people into town, whether they visit the website, read something in a magazine, or attend a new event that comes to town. She stated that the Board needs to look at the overall picture. She stated that she feels advertising is where the TDC needs to look at directing its time and money.

Mr. Craig Willis, Mt. Dora Chamber of Commerce, and a member of the TDC, addressed the Board and discussed the issue of bicyclists, versus events, noting that the County has enough events. He stated that the bicyclists that come to Lake County earn an average yearly salary of $90,000.00 plus. He stated that they are well educated and have a lot of expendable income and will come to an area and ride bikes for several days, if it is promoted to them. He stated that Lake County was rated in the 1998 issue of Bicycling Magazine as one of the 50 best places on the planet to ride bikes. He stated that the reason the National Triathlon Federation moved to Lake County was because it was a great place to ride bikes. He stated that, if the County is going to market to this group, they need to (1) enforce the bicycle laws, and (2) build some facilities for them.

Ms. Carmen Cullen, the Daily Commercial, addressed the Board, on behalf of the Lights of Lake, stating that the Lights of Lake was going into its fourth year. She stated that nine of the fourteen municipalities in the County participate in the Lights of Lake program, noting that their Steering Committee is comprised of city managers and chamber executives from all of said municipalities. She stated that they oversee, for the individual cities, the holiday lighting displays, which she noted go up right after Thanksgiving. She stated that they track sales tax reports from November and December of each year, to see what type of economic impact the lights have, and what they see, countywide, is that the sales tax for those two months is approximately 28.7%. She stated that they feel the Lights of Lake program has a definite economic impact in the County. She stated that every year they go to the TDC seeking support of the project and noted that the TDC has given in-kind advertising dollars, as well as websites, and has sent out press releases, which they feel is a great benefit. She stated that they want to take the Lights of Lake another step further, which is going to take countywide displays. She noted that they approached the TDC this year requesting that they purchase the first display for $7,000.00. She stated that, when she brought the issue of the Lights of Lake to the Board a couple of years ago requesting financial support for the project, the Board agreed to furnish the infrastructure for the project, however, sent them to the TDC for the funding for the project. She stated that they would like to see some TDC funds used to support the infrastructure and the displays for Lights of Lake.

Mr. Chuck Kelsey, Director of National Sales, Mission Inn Golf and Tennis Resort, and a member of the TDC, addressed the Board stating that Mission Inn is probably the highest contributor to the County's bed tax, noting that they gave the County over $107,000.00 last year and, in addition to that, they spend an average of $800,000.00 per year on sales and marketing. He stated that there is a sense that the TDC has lots of money, but they do not have a lot of dollars to work with. He stated that he has guests that come to Mission Inn every day with spouses that are looking for things to do. He stated that he feels the direction the TDC has gone in, during the last few years, is to try to get more things for people to do when they come to Lake County and the promotion and enlightenment of those things, which may not necessarily be in a display of Christmas lights. He stated that the TDC has to drive occupancy, to increase the dollars that they do not have a lot of, and he feels the job the TDC has done in the last five years has been excellent. He stated that he highly supports the direction they have gone in.

Ms. Terri Knorr, General Manager of the Holiday Inn Express, in Clermont, and a member of the TDC, addressed the Board stating that she did not see how her hotel was going to benefit from Lights of Lake. She stated that she feels the TDC needs to spend its dollars on advertising, noting that she feels some billboards on the Turnpike would be great. She stated that the people that stay at her hotel have nothing to do; therefore, she feels the County needs to have new things come in, to fill in the void. She stated that she feels the TDC dollars should be spent on advertising and promoting new things to draw people to the County.

Commr. Swartz suggested that Commr. Hanson put the issue of the money that the County owes the TDC on a Board Agenda and let the new Board vote on it. He stated that it is very clear that there are divisions among the stakeholders, as to the best way to deal with the whole TDC concept - what they are doing and what they should be doing. He stated that it seemed to him that having events more often throughout the year and having more unique things that would bring people to Lake County would ultimately benefit the whole purpose of the TDC, which is to create an economy for tourism and to benefit the citizens of Lake County, not just the hotels. He stated that the tourist development program was designed to improve the whole area of tourism in Lake County and the bed nights are an indicator and basis upon which the bed tax is oriented, but that does not mean that every dime that is collected from the tax needs to go back into only what will create more bed nights. He stated that there has to be a relationship between the two.



There being no further business to be brought to the attention of the Board, the meeting was adjourned at12:30 p.m.







________________________________ WELTON G. CADWELL, CHAIRMAN



ATTEST:







_________________________________

JAMES C. WATKINS, CLERK



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