A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 5, 2001

The Lake County Board of County Commissioners met in regular session on Tuesday, June 5, 2001, 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: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Welton G. Cadwell, Jennifer Hill; and Debbie Stivender Others present were: Sanford A. Minkoff, County Attorney/Acting County Manager; Valerie Fuchs, Assistant County Attorney Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Toni M. Riggs, Deputy Clerk.

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

AGENDA UPDATE

At this time, it was noted that there were no changes to the agenda.

MINUTE APPROVAL

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 24, 2001, Regular Meeting, as presented.

Discussion occurred regarding the Minutes of May 1, 2001, Regular Meeting, with the following corrections being made:

Page 18, Line 11 - Change "Clermont" to "Sorrento"

Page 19, Line 32 - Insert the word "proposed" in front of legislation



On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 1, 2001, Regular Meeting, as corrected.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 9, for the following requests:

Clerk/Grants/State Agencies



Application for Funding Assistance, Florida Department of Law Enforcement, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, for the Lake County Clerk Offender Based Tracking System (OBTS), to replace the current OBTS software product with a product that will facilitate new electronic reporting requirements and provide other advanced tracking and reporting features that are not available in the system at this time.



Bonds - Contractor



New

4675-01 Derek O'Donoghue dba Electrical Installation Specialists

(Electrical Contractor)

4701-02 Bradshaw Electric, Inc. and Floyd J. Bradshaw (Electrical Contractor)

5202-01 Richard J. Thomas dba Thomas Plumbing (Plumbing)

5574-01 Mark Rainer dba Rainer Plumbing, Inc. (Plumbing)

5832-01 Andre R. Chestnut

5837-01 Parsons Construction, Inc.

5838-01 John Richichi dba K. C. Electro-Mechanical Inc.

5839-01 Alexander Tucci dba Tucci Masonry, Inc. (Masonry Contractor)

5840-01 Jeff Clark Poag dba Arizona Air (Air Cond. & Heating Contractor)

5841-01 B & B Contractors Inc.

Cancellations



4642-01 Robert W. Gay

5481-00 Kenneth Vining dba Vining & Son's (Heating & Air Cond.)

5622-01 Farrells Air Conditioning Inc.



Rider



5575-01 Mas-Crete, Inc. (change to principal's name)



Accounts Allowed



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



Audits



Acknowledged receipt of the Audited Financial Statements and Supplemental Information for Greater Orlando Area Legal Services, Inc., December 31, 2000, from Simasek & Whitley, P.A.



Municipalities/Ordinances



Acknowledged receipt of the Ordinance No. 01-07, An Ordinance of the City Commission of the City of Eustis, Florida; Initiated by the Property Owner, to annex a vacant 20,000 square feet (.46 acre) parcel on the north side of Dora Avenue (CR 19-A), West of Kurt Street, as described, passed, ordained and approved in regular session of the City Commission of the City of Eustis, Florida, this 3rd day of May, 2001.



Municipalities/Ordinances



Acknowledged receipt of the following copies of Ordinances from The Town of Lady Lake:



Ordinance No. 2001-05 - Voluntary Annexation - Property owned by Larry M. Phillips Trustee and Earle & Michelle Peterson, passed, ordained, and approved the 2nd day of April, 2001.



Ordinance No. 2001-06 - Amending Ordinance No. 81-8-(83), which established The Town of Lady Lake Comprehensive Plan, passed and ordained the 2nd day of April, 2001.



Ordinance No. 2001-07 - Redesignating zoning classification for property owned by Larry M. Phillips Trustee and Earle & Michelle Peterson, as described, passed and ordained the 2nd day of April, 2001.



Municipalities/Ordinances



Acknowledged receipt of a copy of Miscellaneous Ordinance No. 421-M from the City of Clermont providing for annexation of a certain parcel of land contiguous to the present City boundaries, as described (Summit Subdivision), which was passed and ordained by the City Council of the City of Clermont on the 24th Day of April, 2001.





Municipalities/Ordinances



Acknowledged receipt of Ordinance No. 419-M, from the City of Clermont, providing for the annexation of a certain parcel of land contiguous to the present city boundaries, Walton's Subdivision, as described, which was passed and ordained by the City Council of the City of Clermont on the 24th day of April, 2001.



Accounts Allowed/Courts-Judges



Acknowledged receipt of the Monthly Distribution of Revenue, Traffic/Criminal Cases, for the Month Ending April 30, 2001:



Disbursements due to Board - $146,581.55

Same period last year - $132,469.00



COUNTY MANAGER'S CONSENT AGENDA

Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that Tab 12 regarding the Mutual Aid Agreements between Lake County and the State of Florida, Department of Community Affairs, should include the City of Leesburg.

Commr. Hanson noted that she would like to pull Tab 6 and Tab 8 for a brief discussion. She stated that, in regards to Tab 6, there has been some discussion from the community of Astor regarding the location for the new fire station and the library. She wanted to put the Board on notice, because this issue was moving forward fairly rapidly and the land has been purchased.

Commr. Hanson referred to Tab 8 regarding the waiver of impact fees for applicants for the County's housing assistance program, and Mr. Minkoff explained that Mr. Fletcher Smith, Senior Director of Community Services, is working with his office, to bring back an Ordinance to the Board, as they had directed him to do last month.

Commr. Stivender referred to Tab 6 and questioned whether the Board could hold off purchasing the automation equipment and licenses, until they have the results of the community meeting scheduled at Treadway Elementary.

Mr. Minkoff explained that, whether it is at the noted location, or another location, the program is to have a library in the Bassville Park/Radio Road area.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda, Tabs 3 through 25, for the following request, with the noted changes:

Accounts Allowed/Budgets/Grants/Municipalities



Request from Community Services for approval of a Budget Amendment and a Minor Amendment to the FY 2000-05 Consolidated Plan that will grant the City of Tavares $22,325.00 to be taken from the Community Development Block Grant (CDBG) cost overrun contingency account.





Health Department/Reports



Request from Community Services for acknowledgment of Quarterly Activities Report from the Lake County Health Department for the period of 12/31/00 through 3/31/01 regarding activities and expenditures of the Lake County Health Department.



Accounts Allowed/Community Services



Request from Community Services for approval of We Care's choice of LifeStream Behavioral Center as sub-contractor for Case Management System for primary health care model in the amount of $87,500.00.



Accounts Allowed/Libraries/Municipalities



Request from Community Services for approval for the purchase of automation equipment and licenses through epixtech, Inc. for the Paisley County Library, Astor County Library and the Central Lake County Library in the amount of $88,993.92. (Commr. Hanson informed the Board that there has been some discussion from the community of Astor regarding the location for the new fire station and the library. She noted that this issue was moving forward fairly rapidly and the land has been purchased.)



Appointments-Resignations/County Manager/Records



Request from Community Services for approval of appointment of Sanford A. Minkoff, Interim County Manager, as Custodian of Public Records, except for those records which are legally maintained by other governmental agencies, for the Lake County Board of County Commissioners.



Community Services/Impact Fees



Request from Community Services for approval of waiver of impact fees for applicants for the County's housing assistance program funded by the State Housing Initiatives Partnership Program (SHIP), and approval of payment of these fees from the Impact Fee Trust Fund interest. (It was noted that Mr. Fletcher Smith, Senior Director of Community Services, is working with the County Attorney's Office to bring back an ordinance to the Board, as he was directed to do last month.)



Accounts Allowed/Education/Grants/Sheriff's Department



Request from Community Services for approval of distribution of Byrne Grant funds among seven local jurisdictions; signature on seven original letters of support; approval of applications for the Sheriff for S.T.A.R.III, A.C.E.R. III, and School Officer III, including cash match as indicated; and signature on grant documents including application, EEO certifications, and subsequent grant related documents, contingent upon County Attorney review and approval, in the amount of $170,774.00 for the grant and $28,239.00 for the match.



Accounts Allowed/Contracts, Leases & Agreements/County Property

Economic Development



Request from Economic Development for approval to sell nine acres at $35,000.00 per acre and the remaining four +/- acres at $20,000.00 per acre to MDL & Associates, Inc. This land is known as the East of Lot 5 and is located in the Christopher C. Ford Industrial Park (total amount $395,000.00).



Contracts, Leases & Agreements/County Property/Economic Development



Request from Economic Development for approval of Option Agreement for Home Depot U.S.A., Inc. to purchase the remaining acreage of Lot 2 in the Christopher C. Ford Industrial Park.



Contracts, Leases & Agreements/Emergency Services/State Departments



Request from Emergency Services for approval of Mutual Aid Agreements between Lake County and the State of Florida, Department of Community Affairs and each of the municipalities in Lake County (14 total with Leesburg).





Accounts Allowed/Courts-Judges/Emergency Services



Request from Emergency Services for approval to initiate litigation against Mr. Donald Leatherman and Bruce Walter Trucking to recover expenses incurred by Lake County Fire/Rescue, Special Emergency Response Team (SERT) for hazardous material incidents in the amount of $13,561.90.



Accounts Allowed/Budget Transfers/Public Works



Request from Fiscal and Administrative Services for approval of budget transfer in the amount of $14,486.00 from Contingency to Public Works, Operating Supplies. More money is needed to purchase fuel. When the budget was approved fuel prices ranged from $.80 to $1.00 per gallon; fuel prices currently range from $1.30 to $1.60 per gallon. There has also been an increase in the number of departments/vehicles purchasing fuel from Fleet Maintenance.



Accounts Allowed/Bonds/Budget Transfers/Resolutions



Request from Fiscal and Administrative Services for approval of budget transfer in the amount of $4,269,093.00 from Line of Credit - Taxable to Fiscal & Administrative Services, Proceeds of Long-Term Borrowing. Transfers and budget resolution needed to adjust for costs of issuance incurred for the Pari-Mutuel Revenues Replacement Bond Issue, and to reclass dollars to the appropriate object code. The transfer on the May 15, 2001 Board agenda was voided and replaced with these agenda items, due to statutory requirements of a Resolution (2001-105) for unanticipated revenues.



Accounts Allowed/Bonds/Budget Transfers/Resolutions



Request from Fiscal and Administrative Services for approval of budget transfer in the amount of $69,051.00 from Land to Fiscal & Administrative Services, Costs of Issuance. Transfers and Budget Resolution needed to adjust for costs of issuance incurred for the Pari-Mutuel Revenues Replacement Bond Issue, and to reclass dollars to the appropriate object code. The transfer on the May 15, 2001 Board agenda was voided and replaced with these agenda items, due to the statutory requirements of a Resolution (2001-105) for unanticipated revenues.



Accounts Allowed/Contracts, Leases & Agreements



Request from Fiscal and Administrative Services for approval of budget transfer in the amount of $7,822.00 from Other Current Charges & Obligations to Fiscal & Administrative Services, Office Supplies. The Hazard Analysis Contract is a two-year contract. The balance of the contract from the prior year is in the General Fund and needs to be adjusted to the expenditures of the actual contract cost center.



Accounts Allowed/Budget Transfers/Sheriff's Departments



Request from Fiscal and Administrative services for approval of budget transfer in the amount of $10,000.00 from Contingency - Sheriff to Constitutional Offices/Sheriff, Law Enforcement Operating. Pursuant to F.S. 30.49 the Sheriff is requesting a transfer from Contingency - Sheriff to the Law Enforcement Operating account.



Accounts Allowed/Budget Transfers/Ordinances/Solid Waste



Request from Fiscal and Administrative Services for approval of budget transfer in the amount of $77,450.00 from Contingency - Solid Waste Capital Projects to Solid Waste Management, Improvements Other Than Buildings. Transfer of funds from Fund 421 contingency is required for construction of the Pine Lakes Drop-off Center to implement additional requirements mandated by site specific conditions and adoption of county ordinances since establishing the original budget. These conditions include the construction of a 1,000 foot roadway required by the land purchase contract, installation of a fire suppression water storage tank and landscaping required by county ordinance.



Accounts Allowed/Bonds/Resolutions



Request from Fiscal and Administrative Services for approval of Resolution 2001-105 to amend the Pari-Mutuel Revenues Replacement Bond Issue Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $45,381.00 from Proceeds of the Pari-Mutuel Revenues Replacement Bond Issue and to provide appropriations for the disbursement of these funds to the Cost of Issuance of these bonds. Transfers and Budget Resolution needed to adjust for costs of issuance incurred for the Pari-Mutuel Revenues Replacement Bond Issue, and to reclass dollars to the appropriate object code. The transfer on the May 15, 2001 Board agenda was voided and replaced with these agenda items, due to the statutory requirements of a Resolution for unanticipated revenues.



Accounts Allowed/Resolutions



Request from Fiscal and Administrative Services for approval of Resolution 2001-106 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $13,000.00 from the Choose Life License Plate Program and to provide appropriations for the disbursement of these funds to Aids to Private Organizations.



Accounts Allowed/Courts-Judges



Request from Fiscal and Administrative Services for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for April 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $28,894.00.



Accounts Allowed/Impact Fees



Request from Fiscal and Administrative Services for approval of Impact Fee Refund request for Montverde Academy in the amount of $2,575.00 due to proof of previous structure on the property presented at time permit was applied for but credit not given.



Accounts Allowed/Impact Fees



Request from Fiscal and Administrative Services for approval of Impact Fee Refund request for Joseph M. & Annie Rease Justin in the amount of $1,769.56 due to proof of previous structure on the property presented after building permit was issued.



Growth Management/Zoning



Request from Growth Management for approval to correct a scrivener's error, Tracking No. 38-01-CUP Selway Farms, Inc., Jeff Young/Spring PCS CUP #01/4/4-3.



Contacts, Leases & Agreements/State Agencies



Request from Growth Management for approval of Amendment 4 to the Lake County Storage Contract with the Florida Department of Environmental Protection.



Contracts, Leases & Agreements/Growth Management



Request from Growth Management for approval of Special Master's Settlement Agreement for Whitemark Homes, Inc.



Human Resources



Request from Human Resources for approval and authorization for the Chairman to sign one-year of service letters.



Assessments/Public Works



Request from Public Works for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for five road assessments, as follows:



661246 - Barbara Ryan - 03/29/01

661247 - Barbara Ryan - 03/29/01

661248 - Barbara Ryan - 03/29/01

661662 - William Rhew - 03/08/01

692001 - James Pine - 03/13/01



Assessments/Public Works



Request from Public Works for approval and authorization for Chairman to execute Satisfaction of Assessment Lien for Assessment Number 654261 for Noble A. Reed. This assessment was paid in full on May 10, 1988, but a Satisfaction was never done.



Accounts Allowed/Budgets/Public Works



Request from Public Works for approval and signatures on the annual Arthropod Work Plan Budget for FY 2001-2002 in the amount of $34,328.00.



Public Works



Request from Public Works for approval and authorization to accept the final plat for Clear Creek Phase Three Replat. Replat involves one lot - Commission District 2.



Accounts Allowed/Contracts, Leases & Agreements/Subdivisions



Request from Public Works for approval and authorization to accept the final plat for Arrowtree Reserve Phase I subdivision; accept a letter of credit in the amount of $31,680.00 for sodding; execute a Developer's Agreement for Construction of Improvements between Lake County and Richard H. Langley; accept a letter of credit for maintenance in the amount of $51,750.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Richard H. Langley; and execute Resolution 2001-107 accepting the following roads into the County road maintenance system: Arrowtree Boulevard "Part" (County Road Number 2-2436A) and Howey Cross Road "Part" (County Road Number 2-2441). Subdivision consists of 52 lots - Commission District 2.



Assessments/Public Works



Request from Public Works for approval and acceptance of the Stipulation entered into by Lake county and Kavin & Rebecca Steiner in order to settle this special assessment case (unpaid non-ad valorem road assessment). Special Assessment Number 671035 and 671011.



Accounts Allowed/Grants/Solid Waste/State Agencies



Request from Solid Waste for approval to apply to the Florida Department of Environmental Protection for an Electronic Products Collection and Recycling Grant, in the amount of $50,000.00, intended to help counties start an on-going electronic products collection and recycling program.



BOARD/COMMITTEE PRESENTATIONS

PRESENTATION OF PLAQUES

Commr. Hanson presented the following individuals with plaques and/or certificates for their service on the following boards:

Fire Rescue Advisory Board

Monica Connolly for service from 1996-2001 (not present)

Douglas Bressler for service from 1993-2001 (not present)

Ralph Boartfield for service from 1995-2001 (not present)

Arthur Ward for service from 1996-2001 (not present)



Industrial Development Authority

Ray Gilley for service from 1996-2001

Mr. Ray Gilley addressed the Board and stated that he has had the opportunity to serve on the Industrial Development Authority (IDA) whose main purpose is to strengthen the County's economy, by helping to provide good jobs and capital investments, and this is still an ambition of the IDA and the County Commission. He stated that he is thankful for the support that he has received along with his fellow IDA members over the years, and the progress they have made working together. Mr. Gilley stated that he was sure that the many successes they had are just a foundation for the many great things that they will share in the future. He stated that, in his new role, he will still get to work with the IDA as President and CEO of the Economic Development Commission (EDC) of Mid-Florida.

PRESENTATION OF CERTIFICATES

Commr. Hanson presented the following individuals with certificates of service and extended her appreciation to them for their willingness to serve in this capacity:

Bicycle/Pedestrian Advisory Committee



Bernice Joyce for service from 2000-2001



Citizens' Commission for Children



Rosanne Brandeburg for service from 1999-2001

Barbara Wilson Smith for service from 1999-2001



County-Wide Solid Waste Study Committee



Claudia Kuhn for service from 1999-2001 (not present)

J. Mallon LaShay for service from 1999-2001



Cultural Affairs Council



Theresa Bitting for service from 1999-2001



Environmental Protection Advisory Board



Nadine Foley for service from 1997-2001



Fire Rescue Advisory Board



Lee Bryan for service from 1997-2001 (not present)

Ralph Bernish for service from 1997-2001

Richard Gander for service from 1997-2001 (not present)

David Schenerman for service from 1998-2001



Tourist Development Council



Hugh Gibson for service from 1998-2000



EMPLOYEE AWARDS/SPECIAL RECOGNITION



Commr. Hanson presented awards to the following individuals as Ms. Lourdes Ramos,



Director of Human Resources, presented information about each employee:



Presentation of Awards to Employees with Five Years of Service



Steven R. Race, Fire Volunteer Coordinator, Emergency Services/Fire Rescue

Timothy B. Deschler, Jr., Code Enforcement Officer, Growth Management/Code Enforcement



Presentation of Award to Employee with Ten Years of Service

Leeland B. Shelton, Sr., Construction Supervisor, Public Works/Engineering

Donald D. Stewart, Survey Technician I, Public Works/Engineering



Presentation of Award to Employee with Fifteen Years of Service



Roseann M. Johnson, Contracting Officer, Fiscal & Administrative Services/Procurement Services

Presentation of Historic Preservation Award



Commr. Hanson stated that the County recently received the Historic Preservation Award for the Lake County Historic Courthouse Restoration Project. She noted that Mr. Alvin Jackson, Deputy County Manager, serves on that board, and at this time she presented the award to Mr. Jackson, Mr. Mike Anderson, Senior Director of Facilities and Capital Improvements, and to the County Commission. She noted that she was in Jacksonville, Florida, with Mr. Anderson and Mr. Jackson to receive this award.

Presentation of Special Recognition to Employees

Commr. Hanson presented the following award:



Sarah LaMarche, Senior Director, Fiscal & Administrative Services, as "Outstanding Employee Campaign Manager" for 2000-2001 by the United Way



Ms. Sarah LaMarche addressed the Board and stated that she was very proud of Lake County and of all of the volunteers that gave their time to the United Way campaign. Ms. LaMarche thanked Mr. Gary DeBo, Solid Waste Management Services, for his part in the campaign and stated that staff will be going out into the field to take a video of some of the places where the money is being contributed in Lake County, and the video will be brought back to each of them. She noted that this will be another project for next year's campaign.

Commr. Hanson stated that Ms. LaMarche did an outstanding job, and she is proud of her and the County for their participation in United Way.

Commr. Cadwell stated that, during the legislative session in Tallahassee this year, Representative Hugh Gibson was always available to them, for discussion of issues pertaining to the County, and he really did a great job for the County.

Representative Hugh Gibson addressed the Board and stated that it has been a pleasure to serve the people of Lake County in District 42. He stated that he lives in Lake County and wanted to thank the Board for the chance to serve on the Tourist Development Council (TDC).

Presentation of Special Recognition to Employees

Commr. Hanson presented the following award:



Mike Anderson, Senior Director, Facilities & Capital Improvements, for receiving his Certified Public Manager (CPM) designation



Commr. Hanson noted that Mr. Anderson will join Ms. Lourdes Ramos, Human Resources Director, and Mr. Neil Kelly, Chief Deputy Clerk, Clerk of Courts, in receiving this designation.

Commr. Cadwell stated that this is a very extensive program through the Institute of Government, and he is very proud of these employees for taking the opportunity to pursue this area of expertise.

PRESENTATION -



MID FLORIDA COMMUNITY SERVICES, MICHAEL GEORGINI, EXECUTIVE DIRECTOR, MID-FLORIDA COMMUNITY SERVICES



Mr. Fletcher Smith, Senior Director of Community Services, stated that staff invited Mr. Michael Georgini, Executive Director, Mid Florida Community Services, and his staff to come before the Board and talk about the programs that Mid Florida Community Services operate for the citizens in Lake County.

Mr. Georgini introduced himself along with his staff, Ms. Francine Ward, Director of Programs and Operations, and Mr. George Popovich, Senior Services Director, and he acknowledged Mr. Cecil Shumacker , who is a consultant and has been working with Mid Florida Community Services.

Mr. Georgini stated that Mid Florida Community Services, Inc. is a private, non-profit corporation that was started in 1968, and they were first located in Hernando County. As the program and services expanded, there is now a service area of Hernando, Sumter, Pasco, Citrus, and Lake counties. They provide services for the elderly, the low income, and those that have disabilities, and they also do that through the acquirement of grants that come from the State, local, and federal government, and also from private donations and other organizations such as United Way. Mr. Georgini explained the they have been running the senior services in Lake County since 1987, and in 1997, they were asked to run the programs in Sumter County. The agency serves as the Community Transportation Coordinator in Hernando County, and they have a corporate structure that allows them to expand and address these needs.

Ms. Francine Ward, Director of Programs and Operations, stated that, once the numbers of programs and types of programs had expanded, as well as the geographic service area for the agency, it became evident that a centralization of financial administrative function was needed. The centralization function was strongly recommended by both funding sources and auditors, and with the centralization function, they have been able to reduce the administrative costs and allow more of the funding to go into direct service. She noted that presently the overall administrative rate of the entire agency is 6.36%. The indirect rate of the centralized administrative offices for the Lake County Senior Services if 4.5 %. She stated that the primary source of funds for Lake County Senior Services is through the Florida Department of Elder Affairs. The federal and state dollars go through this department to the 11 area agencies throughout the State of Florida, and they are disbursed with a funding formula. In turn, the area agencies allocate funds to each County based upon the same formula, and the contracts are procured competitively and awarded to the service providers who have submitted applications and detailed budgets. She stated that all of the contracts are on a performance based contracting method with unit rates established for each of the services that they provide. She noted that there is a mandated unit cost of methodology that is in place that has to be used by them to determine the unit rate for each service, which she explained in detail at this time. Ms. Ward also explained that, on a performance based contract, you would have to meet each of your goals in order to draw down your state or federal money, and should you not reach those goals, you are not reimbursed. She explained service cost reports and noted that this was not a profit making venture, and it is solely service driven. She explained the monitoring system and required financial auditing, as well as the detailed tracking that takes place to provide complete documentation.

Mr. George Popovich, Senior Services Director, stated that he would be reviewing each of the service areas and programs with the Board. Mr. Popovich stated that the services that directly affect clients that are homebound are the Title III Older American Act (OAA); the Community Care for the Elderly (CCE); the Alzheimer's Disease Initiative (ADI); the Home Care for the Elderly (HCE); the Medicaid Waiver Home and Community Based Services (MedWaiver); and the Assisted Living Waiver (ALW). In order to qualify for these services, an individual has to undergo an assessment performed by trained staff using the Department of Elder Affairs approved statewide assessment tool. Mr. Popovich reviewed information that was provided about each of the noted programs and stated that there are four meal sites located throughout Lake County, as follows: Leesburg Senior Center, Eustis Community Center, Groveland Community Center; and Mount Dora Presbyterian Church. He stated that about 10,000 meals are served each month at the sites, and to the homebound. They have over 225 dedicated volunteers, and last year, those volunteers traveled over 86,000 miles. He continued his review of the programs and noted that there were also some graphs provided that reflected the levels of service, information on the Lake County Senior Services Unduplicated Clients (FY 2000-01), as well as volunteer information. Mr. Popovich stated that they were looking at expanding their nutrition program and will be exploring the Mascotte area for the development of a meal site, and also in the north Astor area where there has been interest expressed from the community.

Mr. Cecil Shumacker explained that he had been asked by Mr. Georgini to provide him with some further assurances that his Certified Public Accountants (CPA) were auditing Mid Florida Community Services intensely enough, and he noted that their auditors, Oliver and Company, were a very well regarded firm, and after taking a hard look at their audit reports, he feels that they have met all of the government standards for not for profit agencies, and he has found no problems whatsoever with their audit reports.

Commr. Hanson stated that the Board knows that Mid Florida Community Services has a waiting list, but she questioned whether they have surveys that actually show what the need is versus the services provided.

Mr. Popovich explained that Mid Florida Community Services acquires need information throughout the community, and they are responsible for maintaining the Elder Help Line for Lake County, for the State of Florida. They gather information from incoming calls, as well as through the local communities and organizations, and departments provide them with the information on what needs are necessary throughout the County.

Mr. Popovich explained that Mid Florida Community Services is required to outreach within the community, by attending fairs, and through services to departments within the communities, agencies, and social service groups, and they are required to maintain the resource directory for the County, at the Leesburg Senior Center. They do attempt to advertise in the local paper for volunteers, and they publish the monthly menu that is provided at each of the meal sites, at which time, they do sometimes get an increase in calls, and the waiting list increases and people do get discouraged. They do coordinate the waiting list with other agencies and resources in the community, and they do have coordination agreements in place with social service agencies and departments within the community.

In regards to questions about the volunteers, Mr. Popovich stated that the volunteers are recognized throughout the year. He explained that they have volunteer activities and a festivities day where they are provided with tokens of appreciation. There is also an annual recognition through the Retired and Senior Volunteer Program (R.S.V.P.). Mr. Popovich noted that the community is very supportive in their donations for giveaways.

Commr. Hanson questioned whether they had a comparison of not only the dollars that are received in Lake County, but dollars based on the demographics, because there is a significant number of seniors in Lake County. She also questioned whether the County can partner in ways to lobby through legislative action for additional funds. She did know that some of these things will happen once they get the Elder Affairs Council in place.

Ms. Ward stated that the funding formula used by the Department of Elder Affairs that goes to each of the 11 area agencies is a weighted formula, and it is based upon the senior population. She noted that they have varied the formula over the years, but the area agency then applies that same formula. Ms. Ward stated that the Mid Florida Agency on Aging covers an area for 16 counties, and they apply that same formula to their distribution of the funds.

Commr. Hanson stated that the information would be interesting and maybe partnerships could be created as they lobby to get additional funds, because Lake County has the need, and there are a significant number of elderly folks that live in the very rural parts of the County that do not even know about Mid Florida Community Services. She stated that these are the people that the County needs to help them find, in order to determine the true needs.

Commr. Hanson asked that Mid Florida Community Services provide the Board with the information that she had talked about earlier, a comparison of dollars based on demographics and ways that the Board could partner to lobby for additional funds. She extended her appreciation to them for being here today and invited them back again next year.

PUBLIC HEARING -

PROPOSED ACTIVITIES TO BE FUNDED FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) DURING FY 2001-02



Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board and explained that Lake County is a Community Development Block Grant (CDBG) entitlement County and HUD requires the County to develop and implement an annual action plan for the funds it receives. He noted that Ms. Liz Eginton, Lake County Community Development Block Grant Director, would be making a presentation.

At this time, Mr. Smith took the opportunity to inform the Board that Ms. Eginton falls into the list of employees who are Certified Public Managers (CPM).

Ms. Eginton addressed the Board and stated that Lake County's FFY 2001 One Year Action Plan updates the FY 2000-05 Consolidated Plan and outlines proposed uses of CDBG funds for the coming fiscal year. She stated that, pursuant to federal regulations, the County has provided multiple opportunities for public participation in development of this year's Action Plan. The hearing today is the last of four which have been held this year. The other three were held on February 6 by the Board; on May 2 by the Tavares City Council; and on May 7 by the Montverde Town Council. She stated that they were approaching the end of a mandatory 30-day public inspection period running from May 14 through June 12. She explained the process that has been used for public inspection of the Action Plan.

Ms. Eginton sated that the CDBG focus areas address Focus Areas I and III that the Board established at their February retreat. They will be using approximately 43% of their entitlement for roadway improvements. Another 13% will be passed through their Urban County Partners, and 14% will be used for public services, with the remaining 30% to be set aside for administration (20%) and cost overrun contingencies (10%). She noted that slightly less than half of the CDBG entitlement ($412,300) will fund roadway improvements either directly or indirectly. She stated that $312,300, or 76% of the roadway improvement dollars will be used to fund the first phase of roadway paving in Lake Kathryn, south of S.R. 42 in Paisley. The remaining 24% ($100,000) of the roadway improvement dollars will be used to pay paving assessments on behalf of low and moderate income property owners on Holiday Road in Astor, on Jacaranda Road in Clermont, on West Hillside Drive in Forest Hills, and on Forest Drive in Pine Lakes.

Ms. Eginton stated that next year the Urban County Partners will receive approximately 13% of the County's entitlement or $126,000. At this time, she explained in detail how The Town of Montverde will be using their CDBG entitlement ($25,000), and how the City of Tavares will be using their CDBG entitlement ($101,000). She went on to explain that the County plans to spend $140,000 or 14% of the CDBG entitlement on public service projects with emphasis upon health services and services to seniors, as follows: Prescription Voucher Assistance - $100,000; Weekend Meal Deliveries - $20,000; and Congregate Meal Transportation - $20,000. Ms. Eginton referred to a map that shows the geographic distribution of project with a single location. The next year's CDBG entitlement is anticipated to be $969,000, an increase of $40,000 over this year. Ms. Eginton stated that this budget is a refinement of the concept staff presented at the pre-publication public hearing in February, with the addition of the congregate meal transportation. Once again, staff was asking the Board to approve the concept along with any changes to the Action Plan.

Ms. Eginton stated that the budget, as shown, will be presented to the Board for approval later this month. After approval by the Board, the Action Plan will be sent to the HUD Jacksonville Field Office, which has 45 days to review it. Ms. Eginton stated that final approval on the County level will happen when the County budget is adopted. The funds will become available after the start of the new fiscal year on October 1, and after release of funds by Congress, which usually happens late in October or early November. She stated that staff was now suggesting that the hearing be opened for comments and ideas from the public.

Commr. Stivender requested a hard copy of the presentation, with Ms. Eginton noting that staff will provide the Board members with this information along with the backup for the July 10 hearing, which includes the Action Plan, and the comments staff has received.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment.

Mr. Caska LaRue addressed the Board and stated that he is a patron of the Leesburg Senior Center, and since his wife passed away last year, he goes to the Senior Center almost daily. Mr. LaRue stated that he uses the library, he takes part in the exercise class, and visits with the other patrons at the Center, and he also uses the congregate meal facilities to have at least one hot balanced meal per day. Mr. LaRue was concerned about the future of the Center, and the fact that funding is not keeping up with the needs. He was particularly concerned about the fact that bus service has been cut for 30 disabled seniors and noted the low attendance at these facilities. He stated that, in the early 1990s, two meal sites were provided to seniors in the Leesburg area, and these have been reduced to one site. In the late 1990s, two part time janitors were available to the Center, and this has been reduced to one elderly part time janitor working 20 hours per week. Mr. LaRue pleaded that the funding at least keep up with inflation and that a quick way be found to restore the bus service. He stated that logic indicates that the funding problems extend far beyond Leesburg, since this group serves a multi-county area. He noted that the bus rate has almost doubled, and in order to stretch their funding, they cut the number of days a week for service. He stated that this is a problem that goes throughout the County and possibly throughout the State, and therefore, he intends to place this plea for restoration for bus services before the Governor, the State Legislature, United Way, and in the newspapers.

Mr. Georgini stated that the gas and other costs for transportation service has doubled in a year's time, and that is why they had to cut back on the services. He stated that he and Mr. Fletcher Smith are working on trying to get increased funding, so that they can serve those individuals that they had to eliminate in the process. Mr. Georgini suggested that Mid Florida Community Services pay $8 per trip instead of $9.50, which would save them about $27,000 a year, and this would provide another 3,300 trips in the County. He noted that the cost of $8 is for one way to the meal site and that the actual fee is $13.50, but they were given a reduced rate of $9.50 by Lake Transit, because of the amount of service they do in Lake County. Mr. Georgini stated that he serves as a Commissioner at the State level for the Transportation Disadvantaged, and they have not gotten an increase in eight years. He stated that perhaps things will begin to happen, with the counties sending their resolutions of support.

Ms. Paula Zechman stated that she does some volunteer work at the Leesburg Senior Center, and now they only come by bus on Tuesday, Thursday and Friday. Ms. Zechman stated that she understands the reasons for the cut in costs, but these people are also experiencing financial problems, and if they do not get to the Center, they do not get out to do anything.

The Chairman called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Stivender stated that there are two or three departments working together, which include Community Services and Public Works, because of the Transportation Disadvantaged. She stated that she and the other Board members have been asking a lot of questions of everybody in trying to solve these problems and find solutions to help everybody. She extended her appreciation to staff for diligently working on this task.

Commr. Pool questioned whether there was some type of networking opportunity for organizations without duplicating any service.

Mr. Smith stated that the County works primarily with Mid Florida Community Services, because they have the funding and the programs in place. He stated that they have talked with Ms. Allison Thall, Leesburg Regional Foundation, and Ms. Jennifer Wagner, and they are looking into the future to try and find ways to work with South Lake Foundation to do some creative things there. He stated that Commr. Stivender and he did meet with the School Board to talk about some opportunities in the south part of the County, and they are trying to coordinate the resources that they have available to them.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to reconfirm the budget that had been presented to the Board regarding the proposed activities to be funded from the Community Development Block Grant (CDBG) during FY 2001-02.

Ms. Eginton noted that staff would be back before the Board on July 10, 2001.



PUBLIC HEARING -

ORDINANCE - PARKING OF SEMI'S AND OVERSIZED VEHICLES

Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-88, if approved by the Board.

ORDINANCE AMENDING SECTION 3.06.03 OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED MOTOR VEHICLES PROHIBITED IN RESIDENTIAL OR AGRICULTURAL ZONING DISTRICTS; PROVIDING FOR THE PROHIBITION OF CERTAIN MOTOR VEHICLES IN RESIDENTIAL OR AGRICULTURAL ZONING DISTRICTS; AMENDING SECTION 3.06.04 OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED EXCEPTIONS FOR DELIVERY AND CONSTRUCTION VEHICLES; EMERGENCY REPAIRS; GOVERNMENT AND UTILITY COMPANY VEHICLES; AND AGRICULTURAL OPERATIONS; REMOVING REFERENCES TO THE TWO-HOUR PARKING LIMITATIONS; AMENDING SECTION 3.06.05 OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED PERMITTED PARKING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.



Ms. Sharon Farrell, Senior Director of Growth Management, stated that the current ordinance allows for two hour parking and allows parking in residential districts, and these regulations are virtually unenforceable. Ms. Farrell stated that staff has almost 300 complaints a year, which is the equivalent to one-half of a Code Officer, because an Officer can cover 500 to 600 complaints a year. She stated that, even though most of the subdivisions may be posted "no trucks", the deputies cannot issue citations, because the current Ordinance allows them to be there. In the proposed Ordinance, staff has basically eliminated the two hour parking rule, and they eliminated parking in any residential zoning, even if someone has five acres. She further stated that, even though it is not in the proposed Ordinance, staff did manage to develop some language to define "heavy duty pick-up trucks" and exempt them from the two hour rule. Ms. Farrell stated that Planning and Zoning Commission made major changes, as follows: changed "zoning" to "side yard setback", and in regards to trailer size, they removed the word "trailer". Although the changes were minor, the Planning and Zoning Commission recommended approval to the elimination to the two hour parking rule. She noted that Mr. Dennis Warren, Roads Superintendent, Public Works, was present today to address any questions pertaining to damage that occurs on residential subdivision roads.

The Chairman opened the public hearing portion of the meeting and called for public comment.

Mr. Russell Miller stated that he lives in north Lake County on Em-en-el Grove Road. Mr. Miller stated that he is an owner and operator of a truck, and he has had to move his truck twice because of these regulations. He did not see where County government needed to get involved in this issue, when there are neighborhood associations that can enforce these rules, by having individuals fined and moved. Mr. Miller stated that he has ten acres, and he questioned whether he was going to have to move again. He stated that he has to work and pay his taxes, and even though this issue may not directly affect him, there are a lot of people who could not be here today. Mr. Miller stated that he wanted to talk to Commr. Cadwell before he left today, if possible.

Ms. Sandra Houser stated that her husband is a truck driver, and she is angry about the proposed Ordinance. Ms. Houser stated that truckers pay thousands of dollars a year to use these roads, and she now has to pay an additional $600 a year for a parking place in Eustis, even though she lives on the other side of Altoona in Shockley Hills, and her house is approximately 18 miles from the site. She explained that they are small business people who pay taxes to the State, they live here year round, they are registered voters, and they paid for the roads in Shockley Hills. Ms. Houser stated that trucks are no more a nuisance, or unsightly than large motor homes and utility trailers, or boats, and they are being parked where they can be seen from the street, and they are no more unsightly than the oversized billboard type "for sale" signs that are put up by realty companies advertising commercial property for sale. Ms. Houser stated that she moved to Shockley Hills, because her husband is a truck driver, and she questioned where truck drivers are supposed to park, because the State is closing down the rest areas, and they are not allowed on the department store lots, or grocery store lots. She further explained that the truckers are under federal rules, and they are required to rest a certain amount of hours before getting back on the road. Ms. Houser stated that, with the growth in this State, more truck drivers are going to be required to be on the roads. She explained that a potential hazzard exists on the roadways, if truckers do not follow the federal requirements. Ms. Houser stated that her lot is 100 x 120, and she was told that it was not large enough, but she lives in an area that is a mixture of mobile homes and small homes, and the trucks are not going to take away from the beauty of the area.

Commr. Hanson stated that she understands that this Ordinance does not change what is currently in effect regarding five acres parcels, and it is only addressing the two hour restriction..

Ms. Becky Lowe stated that her husband has been driving a truck for 51 years, and 28 years those trucks have sat in Sorrento. Ms. Lowe explained that Code Enforcement never got involved until someone moved into the area and started complaining. She stated that she and her husband got petitions from everyone in the area stating that they did not mind that her husband parked his truck there. Ms. Lowe discussed the complaint that was made and noted that the County never enforced its regulations, because there are RVs and full size trailers parked in this area. Ms. Lowe explained that they were told that they could get a variance from the County, but when discussing this with a Code Enforcement Officer, she was told that she could not get one. She also informed the Board that she was very displeased with the attitude of the Code Enforcement Officer. Ms. Lowe noted that they have 1 1/4 acres of property.

Mr. Walter Thielhart stated that he was representing a group of individuals from the Harbor Shores Homeowners Association. Mr. Thielhart stated that they sympathize with those who chose to live in certain areas, but they support the Ordinance change for the very same reason. Mr. Thielhart noted that he had presented the Board with a letter, which addressed their concerns about Harbor Shores, and which he was sure applied to other neighborhoods in Lake County He stated that they chose to move into Harbor Shores, because it is a very quiet residential area. Mr. Thielhart explained that there is an individual that lives in this area, and he has a large vehicle that exceeds the posted weight limitations, as posted on the sign at the entrance of Harbor Shores. He understands that it is licensed as a recreational vehicle, and the purpose of the vehicle is not commercial use, but to haul a very large home on wheels. He also understands that the individual has contacted many individuals and agencies for a variance, or exemption from this two hour restriction. Mr. Thielhart stated that, at the Planning and Zoning Commission meeting, they stated that they were very much in favor of the elimination of the two hours, because it is unenforceable, and he does feel that the vehicles are unsightly, because of the nature of the neighborhood. Mr. Thielhart explained that, since the individual was sited for being there, he has complied with the Code, and he is looking for an exemption to keep it there, but he and others are afraid of setting a precedent in this neighborhood, if the County grants him a variance. Mr. Thielhart explained that there have been other incidents where individuals have parked their tractor-trailers overnight, or for longer periods of time, but once they were notified of the code violation, they moved the vehicle. He explained that the neighborhood has very narrow streets, no sidewalks or curbs, limited access, and the roads end with cul-de-sacs. He explained how the trash trucks maneuver their vehicles to perform their duties. Mr. Thielhart stated that they are not talking about restricting commercial traffic in this area, but they are looking at the larger vehicles that cause problems, and he was concerned about the safety issues, as well as the aesthetics of the neighborhood. He stated that he is against the additional language pertaining to the heavy duty pickups, and he is in favor of keeping the two hour restriction.

Mr. Jack Barbic stated that he lives in Harbor Shores and his comments apply to the wording specifically for Harbor Shores and the vehicle in question, as noted by Mr. Thielhart. Mr. Barbic reviewed information that he had gotten from the international Navistar website regarding the type of vehicle that the Board was addressing today and noted that the vehicle is classified as a medium duty truck. Mr. Barbic explained that the vehicle, as noted in the larger picture, is built on a medium duty truck chasse, and it has a gross vehicle weight standard rating of 21,500 pounds to a maximum of 28,000 pounds. He reviewed other information that he had obtained for discussion and explained that a medium duty truck can include dump trucks, and even large cherry picker type vehicles used to work on power poles. Mr. Barbic stated that, if the County tries to limit the truck on weight, or vehicle type, it covers all of the trucks that would be in this gross weight category, so by allowing a variance for a vehicle to come in as a medium duty truck, he questioned what would stop someone else from asking for a variance for some other type of vehicle, as he had noted, that might fall in the same classification, and which would change the character of their community, which is basically residential with limited access. Mr. Barbic stated that he is against the special exemption, which allows this truck to come into his neighborhood.

Mr. Seford R. Olsen addressed the Board to discuss commercial vehicles and stated that these types of vehicles, whether they be truck tractors, full size truck tractors, or dump trucks, are designed for commercial work, and they were not originally conceived as family vehicles, even though they may be modified to serve more than the original design purpose. Mr. Olsen reminded the Board that they represent the will of the entire populous of Lake County. He feels that parking and/or garaging of commercial vehicles in residential neighborhoods is incompatible with the nature of residential neighborhoods. He stated that commercial type vehicles should be parked and/or garaged in commercial or non-residential areas. Mr. Olsen stated that, even though it may be a hardship in some instances, in most cases it can be accomplished with little additional effort or cost. He stated that the present two hour rule is very difficult to enforce, and an unenforceable law is much worse than no law at all. He was requesting that the Board change the present County Code to forbid the parking and/or garaging of commercial vehicles in a residential or agriculture zoned area, except as stipulated in the garaging in agricultural zoned areas, on five acres or more. Mr Olsen stated that garaging of commercial type vehicles regardless of how they are licensed is incompatible with the very nature and concept of the residential community and developments. The exemption, as proposed for the heavy duty "pickup" truck, is also incompatible with the nature of residential communities.

Mr. R. L. Burton stated that he lives in Lakeview Heights, which is bordered by Lake Unity Drive and Eagles Nest Road. Mr. Burton stated that, for the past four years, they have been fighting to get the semi tractors and trailers out of this neighborhood. He stated that this is the best proposal yet to deal with this situation. Mr. Burton explained that the two hour limitation has never been enforced. He stated that he has had as many as four or five semi tractors parked directly across the street from him, for weekends at a time, and he is in favor of the amendment to the Ordinance. At this time, Mr. Burton submitted 12 photographs.

Ms. Brenda Bregg stated that her husband has been a truck driver for 15 years, and he drives one and a half hours to get to his job. Ms. Bregg sympathizes with those who have concerns, but she finds four-wheelers aggravating, because at least the truck drivers are out trying to make a living. Ms. Bregg addressed the fees that individuals are charged to park their trucks and stated that truck drivers need a place to park, because if a truck driver is stopped by the authority, and his log book shows that the driver ran out of hours, he will be made to park his vehicle anywhere to get off the road. Ms. Bregg stated that her husband spends three hours a day coming and going to work, and he works ten hours a day, and their time together is very important to them as a family. She noted that they live on a 100 x 200 parcel of property.

Mr. Roy Hunter, Northeast Lake Chamber of Commerce, stated that this Chamber has been in existence for over two years, and they have never heard a complaint from anyone in this area of concern. Mr. Hunter explained that Paisley, Florida, is in the process of becoming a sister city to Paisley, Scotland, and they have been in touch with Ms. Beth Forbes, Mount Dora Sister Cities. He stated that, during their conversation, they discussed roads and garbage trucks, and the damage that garbage trucks do to sand roads. Mr. Hunter referred to the minutes of the Special Meeting of the Board of Directors for the Lake Dora Villas Management in Mount Dora, Florida, where the minutes stated that large trucks were damaging the streets in the rural communities or in urban communities, and there is probably a lot less damage being done by these types of trucks, than what is being done by garbage trucks. At this time, he read some of the minutes to the Board regarding their concern about the abuse that their roads were taking from large trash trucks, and how the damage being done by these trucks probably far exceed the damage done by any semi trucks, large RVs, or fifth-wheelers. Mr. Hunter stated that a motion was passed by a unanimous vote, to send a letter to the Mount Dora City Manager requesting that the Saturday trash collection service in Lake Dora Villas be suspended until further notice. Mr. Hunter stated that, if the Board passes an Ordinance against semi's or large RVs, or fifth wheelers, because they do damage to the road, then the Board ought to pass an Ordinance against garbage trucks traveling over these same roads.

Mr. Cliff Halford stated that he is a resident of Polk County, and he has a place in Shockley Heights. He explained that he drives for a LTL Line, and his truck has a 24 foot bed and is probably 30 feet in length. He sometimes pulls 15 hours behind the wheel, and he runs between Polk County and Jacksonville. He has to have eight hours out of his truck, in order to drive safely, and he stressed that this is an issue of public safety. He stated that he can park his truck entirely off of the pavement on his 80 x 110 lot, and no one in Shockley Heights has ever complained to him, or to his father who owns the property. Mr. Halford explained that he can park on his property in Polk County, because there are no regulations.

Mr. Dave Howser stated that he is a truck driver, and he hauls high dollar cars. Mr. Howser stated that he has no where to park his truck, and when he parks his truck in his driveway, he has at least a quarter of a million to one half billion dollars worth of cars on it. He feels that the rules for trucks should be disbanded altogether, not only the two hours, but all of them. He lives on a lot that is 100 x 150, and his driveway was built for his truck, which is 83 feet long, so that he would be completely off of the street on the side of his house. He referred to a commercial lot that is available to him for parking and stated that it does not make sense that he cannot park on his own property that was built to accommodate his needs.

Commr. Cadwell noted that Polk County does have an Ordinance that addresses the size and weight of vehicles, as well as parking in residential areas.

Ms. Jackie Barbic stated that she was of the understanding that local associations can enforce their own rules, and the rest of the County would abide by the proposed change to the variance. Ms. Barbic explained that this was alright for the Mount Dora Country Club, because they have deed restrictions that they can enforce, but Harbor Shores has to rely on the County to enforce the County restrictions, and she would like the Board to keep this in mind.

Mr. Jerry Homuth stated that the proposed rules do not apply to him, because he lives on five acres, but he does believe that a lot of people are going to be affected by this change in the Ordinance, and even though he sympathizes with those in the Harbor Shores area that have a problem with one individual, he would like to remind the Board that there are already rules to apply to that problem, which is the two hour rule. Mr. Homuth stated that he does not believe that the County needs any more laws enacted to enforce something that is already on the books. He stated that he and many others who are truck drivers have to bring their trucks home, because there is no available commercial property on which to park their trucks in Lake County, and historically, Lake County has been a working county. He stated that, since the increase in growth over the past ten to 15 years, they have found that there is a parking problem, and since Lake County has become a bedroom community for Orlando, the people in the cities are moving out to urban areas, and they are not used to the working class people bringing their equipment, trucks and trailers home, and they feel that this is an intrusion on their rights and their privacy. Mr. Homuth asked that the Board remember those who have lived here for many years and who have worked through their problems with their neighbors, in regards to parking their trucks. He explained that truckers need to be able to monitor their equipment, and he is in the refrigeration business, and he has a rig that is approximately 74 feet long, and it is rated at 80,000 pounds, and he has managed to work out the noise problem with his neighbors. Mr. Homuth did not feel that any changes needed to be made to the Ordinance.

Commr. Hanson called for further public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Stivender questioned whether staff felt that, because the shoulders of the roads are being destroyed, an Ordinance was needed to address this issue.

Ms. Farrell stated that the shoulders are a part of the issue, but it all started about one and half years ago, because of the number of complaints received by the Board, and even though they were turning the complaints over to a Code Officer, or Sheriff's Officer, the two hour restriction was unenforceable, and the citizens are unsatisfied with the follow up of the complaints. She noted that complaints are coming from all areas of the County.

Commr. Hanson stated that she feels there is a real need for truckers to have the ability to park their trucks in the County, and she does feel that they are being squeezed out little by little. She would encourage staff to look at adding a provision for perhaps not commercial, but some designation in the Land Development Regulations (LDRs) that allows for someone to have 20 acres, to rent out space for semi trucks, so that they are at least all in one location. She stated that many of the truck drivers live in her district, in the very rural areas, and they cannot even apply for commercial in those areas of the Wekiva to put in a facility, but they do need some mechanism that gives them the ability to do this for the local drivers. Commr. Hanson stated that the problem of space for truck drivers not only exists in Lake County, but it is a problem in other counties, as well.. She would like to see the Board look at this possibility regardless of the outcome on this particular Ordinance today. She stated that she would support eliminating the two hour limit, because it is unenforceable, and it does not change the requirement for five acres.

Mr. Sandy Minkoff, County Attorney/Acting County Manager, pointed out that there is some language on Page 3 that the Board needs to look at because the Ordinance, as it is written, does make a change in addition to the five acres. He stated that currently you are allowed to park these vehicles on any five acre lot regardless of the zoning, and the underlined language changes it to where you would have to have A (Agricultural), AR (Agricultural Residential), or RA (Ranchette). If that language stays there, it will require the Board to have a second public hearing, because it does limit some zoning districts that currently would be allowed to have trucks. If the intent of the Board is to leave the Ordinance exactly the way it is without the two hours, then the underline and strike through on lines 4 and 5 should be removed.

Commr. Stivender stated that she had a phone call this morning from a truck driver in Astatula who was dropping off items at Winn Dixie. She stated that he had no place to park his vehicle, but he has worked it out with the Town of Astatula and his neighbors, however, this Ordinance would apply to him, if he is right outside the Astatula limits. He wanted his voice to be heard that he has a problem with the Ordinance, because this is his livelihood, and because he has been parking there for many years on the same site. He also told Commr. Stivender that Code Enforcement has been to the site. Commr. Stivender stated that she has a concern as to how the Board addresses this issue, because the gentleman is a native of here, and the trucks have been here, and other people have moved into these areas, and all of these concerns need to be addressed. In regards to Harbor Shores, she had asked staff to develop some wording for vehicles like this because there are more larger vehicles being created for the fifth wheels. Commr. Stivender stated that this is something that she had wanted investigated, because they are being manufactured, and there are more people moving into the County, but because staff has not heard from anyone other than the one individual, and if this was not something that the rest of the Commissioners want at this time, then this may not be an option for consideration.

Commr. Pool stated that, because of the comments made by Commr. Hanson about there being a need for trucks in the County, he questioned whether she has a solution, or some language that might help with the commercial, or locational criteria.

Commr. Hanson indicated that she did not have a solution, or language, at this time, but staff could develop the necessary language for the Board.

Commr. Pool questioned whether this would be the time to pass an Ordinance, and then come back and try to revisit the issue. He stated that he realizes that a zone could be created to allow the parking, and he recognizes that the drivers are going to park somewhere, but he agrees that residential neighborhoods are not the right spot for heavy duty trucks.

Commr. Cadwell stated that staff can move ahead and look at where parking will be appropriate, but that is going to be market driven, and he does not know that $600 a year per truck is the going rate for truck parking, or if someone would do this as a commercial venture.

Ms. Farrell explained that, if someone wants to come in and address local concerns, staff could probably process the request as a Conditional Use Permit (CUP) in agriculture, even though it is not related to an agricultural endeavor, and it would be irrevocable, and they would not have to meet commercial locational criteria, but so far, no one has made such a request. She stated that staff has granted a few variances to those who have three or four acres.

Commr. Hanson clarified that it was not her recommendation that the Board approve anything today, or any language other than what is before the Board today.

Commr. Stivender noted that, since there was no time frame involved with this issue, the Board can send this item back for staff to address the items brought up by the Board members.

Commr. Cadwell explained that the action today, if the Board passes the Ordinance, is to exclude the language that was brought forward regarding heavy duty pickups, to strike the underlined language noted by Mr. Minkoff (Page 3), and to eliminate the two hour restriction.

He explained that, if someone has five acres or more, he can park his truck on his property, if it is zoned correctly.

Commr. Cadwell made a motion to approve Ordinance 2001-88, as read by title only, and as noted.

Commr. Pool seconded the motion for discussion, and under discussion, Commr. Pool questioned whether the Board was going to propose an amendment to the language.

Commr. Cadwell clarified that the motion is to exclude the language that was brought forward regarding heavy duty pickups, to strike the underlined language noted by Mr. Minkoff on Page 3, and to eliminate the two hour restriction.

Ms. Farrell further clarified that the ordinance eliminates residential parking altogether, even if someone has five acres.

The Chairman called for a vote on the motion, which was carried by a 4-1 vote.

Commr. Stivender voted "no".

It was noted that the Ordinance would include the minor Planning and Zoning changes, which were a part of the Ordinance, and it did not include the language that would require a second public hearing.

RECESS & REASSEMBLY

At 11:23 p.m., it was noted that the Board would take a ten minute recess.

PRESENTATION -

UNITED ARTS OF CENTRAL FLORIDA BY HARVEY MASSEY, PRESIDENT AND CEO OF MASSEY SERVICES, INC.



Mr. Harvey Massey, President and CEO of Massey Services, Inc., stated that he was speaking to the Board today as the Chairman of the Board of United Arts of Central Florida. Mr. Massey stated that he was here to request that Lake County become a Trustee of United Arts of Central Florida, and to have a seat on the Board of Trustees of the organization and join their fellow Trustees in Orange County, Osceola County, and Seminole County in assisting them in building a stronger arts and cultural infrastructure in the Central Florida community.

Mr. Massey explained that United Arts is a fund raising organization, but also an organization that presents itself as the advocate and marketer and promoter of arts and culture throughout Central Florida. The mission of the organization is to enhance the quality and variety of cultural experiences available in Central Florida, and to raise money and allocate funds. He noted that this year will exceed close to $7 million. Mr. Massey stated that it is also an organization that provides management enhancement. He explained that many organizations come to the County Commission for grants, and someone like United Arts has the ability to follow up and hold organizations accountable, for not only management excellence, but artistic excellence. The mission is to be the advocate, the marketer, and the promoter of arts, and to facilitate communications and cooperation among all of the artistic groups in all of the counties working through the local County Arts and Cultural Affairs Council. Mr. Massey stated that last year was their most successful campaign in their history. They raised a fraction over $7 million in the Central Florida community, with 31% coming from government, 36% from non-government trustees, and 34% from the rest of the world. There are currently 58,000 licensed businesses in the four county area of Central Florida, and 134 of those organizations gave $500 or more to arts and culture. Mr. Massey noted that last year's campaign was a 21% increase, and the money went to nine principal organizations, to six associate organizations, and to 22 grants throughout the Central Florida community. He stated that this year 88% of the money raised will go to the funded organizations. He noted that about 8% to 13% goes to their overhead, and they expect this year's campaign to run about $7.5 million to $8 million.

Mr. Massey stated that there are three basic components to explain why arts and culture are important, as follows: economic, community; and educational. He noted that the research information that has been presented to the Board was done in 1997 by Rollins College, which he reviewed with the Board at this time. He noted that, in looking at the economic impact in 1996, they had contributed $21 million locally, but from the Office of the Secretary of State, the same type organizations had a contribution of $412 million direct economic impact. Mr. Massey stated that, from the information provided, it indicates that the business people and citizens represent 10% of the State's population, and they are making only a 5% economic impact. There are more people involved in arts and culture in Central Florida than in all of the other athletic events, professional combined. Mr. Massey noted that last year 42,500,000 people visited the four county community, with 3,500,000 being international tourists. At this time, Mr. Massey touched briefly on the numbers from the 1997 research that was done by Rollins College.

Mr. Massey addressed arts and culture in education and noted that, in the last four years, according to the profile of college bound seniors, the difference in SAT scores is widening every year. He stated that children involved in arts, music, and cultural education score better in math consistently and score better in science. Mr. Massey reviewed information regarding kids and crime and stated that art programs are being used educationally all over the country, in after school programs and various other programs, to divert youth from gangs, to reduce truancy, improve academic performances, as well as self esteem and job skills that are so necessary. The arts and culture after school programs improved self esteem, as well as academic performances, and exceeded over every other type program combined including after school academic programs. He noted that Orlando is now the third largest film and production industry in the country. He reviewed the research information from the four county area about attitudes towards arts and culture among patrons of the arts, and the general population.

Mr. Massey stated that, for the first time in history, Orange County has decided to allocate 3% of the tourist development tax for the building and promoting of the arts and culture infrastructure. He stated that Orange County contributes one dollar per capita, and in addition to that, they are planning to contribute 3% of the tourist development tax, which is about 3% of $115 million to $120 million a year. He stated that Seminole County is a Trustee at $100,000; Osceola County is a Trustee at $100,000; The City of Orlando contributes $2.50 per capita; and cities like Altamonte Springs, Winter Park, and Maitland all contribute to it. He further stated that Orange County public schools contribute $350,000; Seminole County public schools contribute $50,000. Mr. Massey stated that he was asking Lake County to join United Arts as a Trustee at a $100,000 contribution, and to assign and appoint one of the County Commissioners to serve on the Board of Trustees. He clarified that this was not a quest to replace county and local arts councils, and in fact, they encourage their existence, because it helps them to better identify the arts organizations that need to be funded and developed. He stated that they were asking the Board to encourage the collaboration between the Lake County Cultural Affairs Council and United Arts of Central Florida. The benefits will include enhanced arts and cultural activities for the County residents; increased arts and cultural offerings to all of the students of Lake County, as well as the ability to influence the arts and cultural landscape in Central Florida for many years to come.

Commr. Hanson extended her appreciation to Mr. Massey for an outstanding presentation and noted that she agreed with all of the information.

Commr. Stivender questioned whether Mr. Massey has contacted the Superintendent of Lake County Schools to discuss their involvement in the United Arts of Central Florida.

Mr. Massey stated that he met with Mr. Jim Polk, Assistant Superintendent, and Ms. Pam Saylor, Superintendent of Schools, and noted that Ms. Saylor is definitely pro-arts and culture, and Mr. Polk indicated that he used to teach drama and he is well aware of the difference it makes in children.

Commr. Stivender stated that they have removed the arts in a lot of the schools because of money, which is not helping the children, and she has expressed her concerns to the School Board members. She questioned whether Ms. Saylor, or Mr. Polk, stated anything about monetary assistance, in their discussions with Mr. Massey.

Mr. Massey stated that he had known that there had been some financial issues with the School Board, but he felt that Mr. Polk and Ms. Saylor have been able to make expedient progress, and once they can find the funding, they see the wisdom of doing this. He added that the Task Force revealed that several deficiencies existed in Orange County, and those were in kindergarten through seventh grade.

Commr. Stivender wanted Mr. Massey to be aware that the County has just hired Ms. Lee Bailey, Director of Cultural Heritage and Natural Tourism, to do some of the things that he had just discussed with the Board, and she would like to have some comments from the Cultural Affairs Council, since many of the members were present, and to hear how they feel it would benefit the County. She stated that Mr. Massey made an excellent presentation, and she agreed that all of the ideas presented need to be done.

Mr. Massey stated that he was not looking for any sort of vote or decision today, and he felt that this was something that the Board needed to collaborate on. He stated that, in regards to whether the Board could be assured that the money would be invested in Lake County, in working with the local arts councils, they will assist them in fund raising, and they will start and instigate campaigns to raise money, and the money will be reinvested in the community. Hopefully they will have the County and the School Board on board in this initiative to fill all of the needs.

Commr. Cadwell stated that there are enough regional partnerships, and he feels that the Board knows how to monitor what is happening from a regional level. He stated that, with some of the other things that they are doing regionally, they have taken care of business in Lake County first, and the Board has not done that with the arts. He questioned what type of funding Osceola County and Seminole County had locally, before they joined the United Arts of Central Florida.

Mr. Massey noted that Osceola County and Seminole County both stated that they were not spending enough in-house. As indicated by Commr. Stivender, the schools have cut back on funds, so both counties came in at the $100,000 level, and both appointed and assigned one of the commissioners to serve on the Board of Trustees. He noted that the United Arts of Central Florida can do all of the school programs for $2.50 to $3 per student, per year.

Commr. Hanson stated that Lake County has been very active regionally, and this is definitely part of economic development. She stated that the Tourist Development Council (TDC) does fund the dollars for the director, the person who is going to be coordinate the activities and be responsible for eco-tourism. She stated that it was just a matter of how the Board wants to designate the money.

Mr. Massey stated that the manner in which the Board plans to pay is not an issue, because the County can pay at their convenience.

Ms. Willie Crussell, Chairman of the Lake County Cultural Affairs Council, stated that the presentation was most interesting, and it was a fascinating idea. She hoped that Mr. Massey, or someone from the United Arts, could come to a council meeting to make a presentation.

Commr. Hanson questioned whether it would be possible to have representation from Lake County at the United Arts meetings, perhaps as a non-voting member.

Mr. Massey stated that the vast majority of the meetings, with the exception of the quarterly meetings, are open to the public. He felt that it would be a great idea to bring members of the United Arts staff to the Cultural Arts Council meeting to make a presentation.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/HEALTH CARE/INDIGENTS/RESOLUTIONS

Dr. Tully Patrowicz addressed the Board to discuss funding needs, and a possible funding option, for the delivery of health care to the medically indigent in Lake County, and to ask for consideration of a resolution. Dr. Patrowicz stated that he is here representing the Board of Governors of the Lake Sumter County Medical Society. He stated that, in 1992, they started addressing the need for health care. The first study was done for the County by the North Central Florida Health Planning Council (NCFHPC). The study assessed the various components of health care in the County. Dr. Patrowicz stated that two programs were established and have been in existence since that time, the Lake County Comprehensive Health Care Committee (Health Care Committee), and the Lake County Medical Society's We Care program. He stated that, even though the We Care program has 250 participating physicians in Lake County, and about 30 dentists, and it is supported by the County Commissioners, as well as by the private sector, it has grown primarily has a specialty oriented program. He stated that the impact of primary care is far greater than their volunteer program can offer the community. Dr. Patrowicz stated that they were trying to look at several problems that represent serious unmet needs within the County. He stated that the hospital reports indicate that the three general hospitals in the County have done very well in this community for the past ten years, however, there are major unmet needs in providing health care particularly to the medically indigent, or to what is known as the working poor. These individuals are either uninsured, or under insured, and approximately 25,000 plus fall into this category, which is about 10% of the population in Lake County. He stated that, through the Health Care Committee, they have been able to develop several programs, which have made an impact on this issue. They consist of three clinics, one being associated with Leesburg Regional Medical Center (LRMC) along with Dr. Vesser and the Baptist Church, which provides care for about 6,000 patient visits a year, and a budget that will run around $300,000 this coming year. The program at the Waterman Medical Center is now open, but it is only open two afternoons a week. Ther clinic at the South Lake Memorial Hospital is only open two hours a week. Dr. Patrowicz stated that there is now a linking force called Health Links that is under the auspices of the We Care program, but it is being subcontracted to the Lifestream Behavioral Center, to coordinate the efforts of these primary health care clinics, as well as to provide a coordination with the We Care program. He stated that Lake Sumter Community College (LSCC) will now have a clinic for providing primary health care, but he has been advised that they have no funding that is secure for the operation of their program, which should be included for consideration. He stated that, as bad news, the Lifestream Behavioral Center is underfunded, not only in Lake County, but across the State. Dr. Patrowicz explained that money is needed for medications, for the medically indigent, and they currently have $100,000, which is consumed in a very short period of time. He stated that these are some of the needs that they have attempted to address partially through the Health Care Committee, however, whenever they get to the question of financing, they hit a roadblock. They are estimating that $3 million to $4 million is going to be needed and they are going to have to look at every possible avenue for raising these funds. Dr. Patrowicz noted that the newspaper had an article about emergency rooms and their struggle to keep up with the demand.

At this time, he introduced Ms. Sandy Mortham, former Secretary of State, who is now the Executive Vice President of the Florida Medical Association.

Ms. Sandy Mortham addressed the Board and stated that, on behalf of the citizens of the State of Florida, the willingness for this Board to aggressively look at this issue and try to come up with solutions is really in the best interest of everybody. Ms. Mortham stated that this is a problem throughout the State of Florida and throughout the United States. She realizes the position of the Board, since she did serve on a local County Commission, and she was well aware of the variety and diversity of issues. She explained that they had a group of doctors sit around a table a number of times in Tallahassee from all over the State of Florida trying to help the Governor of the State solve the indigent care problem, but they did not come up with one main solution that was going to solve the problem, but she truly does believe that local problems are best solved at the local level, so she did not want the Board to wait for the federal or state government, to solve their problem. Ms. Mortham addressed the issue of special taxing districts and stated that, as someone who has served in State government for a number of years, they are not going to go away anytime soon, particularly in south Florida. She stated that the Florida Medical Association continues to monitor the issue of indigent care. Ms. Mortham wanted the Board to know that, when she met with Dr. Patrowicz for the first time, he was very articulate about the arts and the significance of arts, but more significant was his compassion and passion about servicing those people truly in need in Lake County and about the We Care program. She understands that the County's taxing district is already taxing at a mill, which is about $7 million, and she would want to make sure that those dollars are spent in the most efficient way, that they are being most cost effective, and that there is accountability. She addressed mental health services and the medication issue and stated that she wants to congratulate the Board for their willingness to ponder the development of solutions, with the hopes of taking Lake County eventually as a model around the State of Florida to solve the indigent care problem.

Dr. Patrowicz introduced Dr. John Kern, the Vice Dean of the Medical School at the University of South Florida and noted that he has dealt with this same problem in Hillsborough County.

Dr. John Kern, Tampa, Florida, stated that he has been involved for over ten years with a managed care program funded originally by a half cent sales tax, then a quarter cent sales tax, and it is a cooperative program with comprehensive benefits for those who qualify with the index being under the federal 100% poverty line. Dr. Kern stated that this was enacted by their Chamber of Commerce, because they recognized the impact on their hospitals and emergency rooms, and the constant escalation of their General Revenue devoted to health care in that County. They have improved the access to health care, and they have done it cost effectively with a very comprehensive scope of benefits. They provide preventive and primary care, and they decreased inpatient costs by 45%; they decreased the average length of hospital stays by 50%; and they saved about $12 million in those ten years of avoided emergency room visits. They continue to have challenges with regard to mental health and have a very limited mental health benefit. He reviewed statistical information about their patients and noted that they are trying to find a way to control the costs of pharmaceuticals. He emphasized that, by putting in the primary care program, they now have 12 clinics around the County, there are five hospital directly involved, their contracting is with the hospitals; they have provided access; they achieved the education; they provided management as outpatient care; and they have been recognized nationally. He noted that there are some federal programs that might potentially be available to compliment Lake County's development as well. Dr. Kern explained that the taxing is under a special section, which allows urban counties of population 800,000 to pass a supplementary sales tax, so it is a countywide sales tax.

Dr. Patrowicz stated that one of the other resources that they have had in the community for some period of time is the NCFHPC, and Mr. Jeff Fuller is here today. He noted that Columbia County, which is the Lake City area, has a similar taxing district structure to Lake County, and it is an independent taxing district. He explained that they have worked out figures with their hospitals to provide a certain payment reimbursement rate for their medically indigent.

At this time, Dr. Patrowicz read a letter from J. Rodger Amon, MPA, Administrator of the Lake County Health Department, in which he points out the key elements to successful programs and noted that the letter was a part of the record. The letter indicated that the Health Department wants to be considered a vital community stakeholder in the further development of the indigent health care system, and it wants to participate by continuing the provision of medical and maternity care to 4,800 women and children; participating in any forum to help frame the further development of services; and if resources are available, managing a pharmacy program for this population.

Dr. Patrowicz noted that Dr. George Ellis who is a part of the Orange County Medical Society was here, and that they are also interested in what Lake County is doing in terms of health care. At this time, he introduced Mr. John Cherry, Chief Executive Officer of Lifestream.

Mr. John Cherry addressed the Board to talk about the hidden illnesses of mental illness and substance abuse diseases. He stated that there was a Surgeon General's report that was issued last year regarding mental health services and dealing with the issue of the medically indigent. Mr. Cherry read some of the report to the Board, which stated that mental health is fundamental to health and that mental disorders are real health conditions that have an immense impact on individuals and families throughout the nation, and the review of research supports two main findings for this report, one, the efficacy of mental health treatments is well documented, and two, a range of treatments exist for most mental disorders. Mr. Cherry went on to review statistical information regarding mental health from the Surgeon General's report and noted that the World Health Organization, in collaboration with the World Bank and Harvard University, mounted an ambitious research effort in the mid 1990s, to determine the burden of disability associated with a whole range of diseases and health conditions suffered by peoples throughout the world. Mr. Cherry noted that mental illness is the second leading cause of disability and premature mortality, with cardiovascular conditions being number one and cancer being number three. He addressed the issue of someone being medically indigent and stated that Lifestream provides between $4 million and $6 million for indigent services in any given year, and the costs are born through government contracts, or the private sector through cost shifting. In order to provide services to commensurate with the levels of service provided in other areas of Florida, it would cost an additional $2 million today. If the State shared in this burden, the need from local resources would be approximately $500,000. He stated that, if they were to serve the total needs for mental health and substance abuse services in Lake County, an additional $8.5 million would be needed. If the State contributed the majority of that, the local share would be approximately $2.1 million to provide the optimum level of services to all of the citizens that need the services.

Mr. Cherry stated that he hopes today is the beginning of a community discussion, which will help them identify the options available to provide needed funding for all of the medically indigent in their community.

Dr. Patrowicz felt that the Board had heard a significant amount of expert testimony, as to the complexity of the problem, and what they are asking for and what they have gotten from the Board initially is an open dialogue, and this needs to continue. He stated that they have been dealing with the problem, in spite of the growing population of the medically indigent, for a ten year period, and it is time to do something positive.

At this time, Commr. Hanson asked if anyone in the audience would like to address the Board on this issue.

Ms. Sherry Jackson stated that, until recently, she was a member of the working poor. Ms. Jackson noted that today she has gone to college and gotten and education, but when she was cleaning houses to get her education, and when she really needed a doctor's care, she would wait until she was very ill. She explained that now she has an insurance card, and she can afford to go to a doctor today, but just a few years ago she would weigh the decision by deciding between going to a doctor, or paying a bill. Ms. Jackson wanted to point out that the people they were talking about today are part of the community, and the working poor are actually people who work, and she wanted the Board to focus on this point.

RECESS & REASSEMBLY

At 12:58 p.m., Commr. Hanson noted that the Board would recess for lunch.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/HEALTH CARE/INDIGENTS/RESOLUTIONS

(CONTINUED)



It was noted that Commr. Cadwell was not present for the continuation of the discussion about indigent health care.

Mr. Dan Robuck, Attorney, stated that he was here today representing the Leesburg Regional Medical Center (LRMC), and to speak on behalf of the other two acute care hospitals in Lake County, South Lake Memorial Hospital and Waterman Hospital. Mr. Robuck stated that Dr. Patrowicz's goal is very noble, and he would not want to argue the intent of what he wants to do, but unfortunately, there is not enough money to do what he wants to do. He stated that there has been a Health Care Committee for about seven years, and he thought that the indigency issue was being addressed there. He did not think that this was a recommendation of that Committee, and he felt that this issue should probably be referred back to them. Mr. Robuck stated that this is the desire of the hospitals. He stated that the Health Care Committee has been making great strides, a lot of positive things have happened, as a result of this Committee, and a report had been done and presented to the Board. Mr. Robuck explained that health care has greatly increased, and a lot of their recommendations have been done and are being done by the three acute care hospitals. He explained that, as it was noted earlier, the Baptist Church, along with Dr. Vesser, is funded in part by LRMC Parents' Foundation. Last month they saw 500 people, and they have been in their new building for about six months. Mr. Robuck stated that they will probably be seeing about 6,000 visits a year. The Foundation has also put ten nurses in ten schools, and they have given money to many different organizations including Childhood Development Services, Safe Kids, and the Childrens' Advocacy Center. He stated that they installed a health care toll center, and in the first four months, they have had 540 calls. They gave the Blood Bank money for a new building, they hired four athletic trainers for the schools, and put a registered nurse in Sunrise. They have also given money to the Childrens Home Society for high risk infants, and they have given Lake Sumter Community College (LSCC) $800,000, which was then matched with a private gift, to build a new nursing facility. They have given $300,000 for scholarships and $100,000 for other more restricted scholarships. In addition, the three hospitals jointly agreed to fund two more additional instructors at the college for five years. Mr. Robuck stated that they gave $150,000 for meals for medically needy people, and they have opened a health care academy at Leesburg High School. In the last two years, and since that study was released, their Foundation has given over $8 million. Mr. Robuck stated that there are also clinics open at Waterman and South Lake Memorial. He noted that South Lake Memorial sold their property, and one of the buildings is going to be turned into an indigent care center, and the Methodist Church is trying to get other churches to join with them to try and duplicate what has been done at the Baptist Church in Leesburg.

Mr. Robuck stated that, in the first ten months of LRMC's fiscal year, they have given $16 million in uncompensated care, and out of that figure, they have qualified approximately $8 million. He stated that LRMC has put approximately $40 million into health care, and they have received about $4.5 million back from the tax district in the last two years. In regards to issues brought forth by Dr. Patrowicz in the report about lack of primary care and the access, they have opened two primary health care clinics, one in Lady Lake, and one out by Dead River, and those two clinics have seen an additional 20,000 people in the last 12 months.

Mr. Robuck stated that in 1981, or 1982, the voters in the northwest district voted to levy one mill to go to the acute care hospital. He noted that South Lake Memorial Hospital was getting two mills, but they voluntarily reduced it to one mill. Mr. Robuck stated that they were asking that the Board not pass a resolution, or do anything that would attempt to take this away. He stated that technically the State legislature has to take it away, and they need this to be able to put money back into the community. He stated that the acute care hospitals are taking care of the problem, and he is firmly convinced that there is better health care and better access, and that they are taking better care of the indigents now than any other time that he can remember. He stated that the hospitals are not here asking the Board for more money. He further stated that the emergency rooms are absolutely busy, but they are taking care of the problem, and they are attempting to take care of all of the health care needs in the community, as he has shown. Mr. Robuck stated that, if the Board would like the hospitals to make a formal presentation like Dr. Patrowicz has done, they would be more than happy to do that. He stated that the hospitals feel that the appropriate forum would be to refer it back to the Health Care Committee.

Mr. Robuck stated that, in regards to LRMC showing a profit, the information is absolutely public information, but he did not have it with him today. He explained that they make roughly 4% on operations, and they give a copy of the audited financial statements to the tax district, and to the State of Florida. He noted that most hospitals make 1% to 2%, and LRMC falls within the top 1% of the country, and LRMC makes money from investments.

Commr. Pool stated that he applauds Dr. Patrowicz and the hospitals for their efforts, but obviously they have seen a need that is there, and even though they have made great strides, there are still things that can be done. He is excited about the opportunities in South Lake for a partnership between the hospital and the churches and volunteer providers. Commr. Pool stated that, if the Board takes the money that they give to LRMC, and they give it to We Care, he sees the dollars that they now contribute to the community stopping.

Mr. Robuck explained that LRMC is a private not-for-profit organization and 100% of the money they make goes back into the community. If the County takes the money that they make and gives it to whoever, that will be that much less money that they will have to give for indigent care. Mr. Robuck stated that they feel that the hospitals have been very pro-active in reaching out in the community to start things. He stressed that access to primary care has greatly increased since the Health Care Study was done, and the hospitals have responded and are continuing to respond to the issue.

Commr. Hanson stated that she agrees with Commr. Pool that the hospitals and the foundations have done a fantastic job in the community. She stated that what is different today is that there are foundations, but they are not foundations created by the merger, or the purchase of hospitals, with the exception of Waterman, because it does not have the ability to put money back in from the lucrative foundation funds. She stated that the question is where do they get the funds to provide for the other needs in the County. She stated that having been liaison with the Health Care Committee, the comments that she tends to get over and over relate to the needs that are there, and that the County needs to put more money into the needs of the indigent.

Mr. Robuck explained that the Northwest Hospital Taxing District was specifically set up for indigent care for the northwest district, which, at that time, was Leesburg Regional Medical Center. He further explained that they merged the northwest and the northeast together, and at that time, they voluntarily agreed to give Lifestream some of their money.

Commr. Hanson stated that the South Lake Taxing District raised dollars for their emergency room operations, and it is not tied to indigent care, and they did have two mills, but in the last couple of years, they reduced it to the one mill, because they apparently did not need it. The question is still where will the additional dollars come from because there is a major need for dollars for transportation. She stated that it is imperative that the County provide for the health care for the indigent in those areas that cannot access health care any other way.

Commr. Hill stated that having listened to the presentation and, in talking to people within the community, there are two things that come to mind. She stated that they need to identify who the people are that they are talking about, who best would deliver those needs, and who is going to expend those funds. She stated that she knows that they have a Health Care Committee, but she questioned whether everyone is happy with it, and whether it is doing the job it should be doing, or is there anyone else that should be added to the Committee, and can this go back to the Committee for them to identify who they need to deliver care to and who best is going to delivery that care.

Mr. Robuck stated that this would be the position of the acute hospitals, to send it back to the Committee, because they have so far done a wonderful job with it.

Commr. Hill noted that the only person that is absent from the Health Care Committee would be the college, and now she sees that they are very involved in nursing, and with the nursing program, and maybe they need a seat at the table. She stated that, other than that, it looks like a fairly comprehensive committee.

Dr. Patrowicz explained that the Health Care Committee was originally founded along with the We Care program about six or seven years ago, and the We Care program was to answer to that committee, because it was a committee that was charged with the task of dealing with health care issues, as they impacted all of them in Lake County.

COMMISSIONERS

At 2:25 p.m., it was noted that Commr. Cadwell arrived for the afternoon session of the meeting.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

COMMUNITY SERVICES/HEALTH CARE/INDIGENTS/RESOLUTIONS

(CONTINUED)



Dr. Patrowicz stated that there has been a number of forums over the years dealing with important issues, and over the past two and a half years, they have concentrated on the question of the provision of care for the medically indigent. Unfortunately, the Health Care Committee has gotten stymied at the most important question, and that is the question about the funding for the indigent health care needs. He stated that the Health Care Committee has not been able to get beyond this issue, but they have done some very nice things, which have been recognized in the County Medical Society's paper. Dr. Patrowicz stated that the clinic in Leesburg has been a model, and it has served as the inspiration for what has happened in the other two sides of the County. He stated that Dr. Vesser's budget this year is $300,000 and the budget at Waterman is approximately $100,000, which is not enough to keep the clinic open more than two afternoons a week. He further stated that it appeared to them that the most logical place to go would be the tax district boards whose creation of enabling acts are not inconsistent with trying to provide for indigent health care. Dr. Patrowicz reviewed the national attention that was raised about medically indigent health care and stated that the statistics show that, when they started all of this, it was 38 million Americans, and now it is 44.4 million Americans in the course of ten years. He stated that they are trying to reprioritize how some of these funds that are coming into the hospitals can be utilized for this care. He noted that the financial information that is on public record for the hospitals is complicated, and he has information from 1993 through 1999 from reports that were available out of the Agency for Health Care Administration in Tallahassee. Dr. Patrowicz stated that, as he had pointed out earlier, all of the hospitals are alive and well and they have been that way for quite a few years. There is no question that the profit funds are being redirected into many programs that the hospitals feel are needed, but the direction is to try and direct those profit funds into this area of indigent health care, to move these people out of crowded emergency rooms where often times patients have to be diverted to other facilities, and it is a less costly care than in the emergency rooms. Dr. Patrowicz explained that the burden has fallen on the rest of the paying population, and the taxpayer is paying a lot of money for taxes that really could be better used.

After some discussion, Dr. Patrowicz explained that the gain comes from moving people out of the emergency rooms. He stated that, if these clinics were given full budgets and allowed to proceed on course, then they are going to relieve emergency rooms.

Commr. Cadwell questioned whether there would be any benefit of narrowing the large group of individuals that had originally started reviewing this issue, to the players that basically have control of the money, and to a few as opposed to as many people as they had before, to continue the process through possibly a Task Force.

Dr. Patrowicz stated that the Health Care Committee has attempted to talk about funding issues, and they have been thwarted, and he believes that this is a terrible error on the part of the Health Care Committee. He explained that the Committee was originally charged by County Ordinance to meet monthly, but it is now meeting quarterly, which is really not sufficient, and he feels this needs to be addressed.

Commr. Hanson noted that the reason that the Health Care Committee was meeting less frequently was because the sub-committee was working on the health links, and it is now in operation.

Dr. Patrowicz stated that the larger issue of health care problems in Lake County was not being addressed by the small sub-committee. He stated that, in looking at the statistics that he traced back from 1993 to 1999 through the Agency of Health Care Administration, the indication is that the hospitals are having a favorable bottom line, and they have had that for quite a few years. The only one that is hurting consistently year after year is Lifestream. He noted that $5.5 million was collected by the Northeast Taxing District, and only $200,000 was given to Lifestream, $100,000 from each hospital, with nothing coming out of the South Lake Memorial Hospital District for mental health.

Commr. Hanson questioned whether a formula could be developed and the hospitals would fund the mental health, the specialty care, the clinics, the medications, and outreach from their taxing districts, and the hospitals would reimburse those areas where the individuals live.

Mr. Robuck stated that anything is possible, because LRMC will provide health care to anyone who comes to them, and the other clinics do the same, and all three hospitals are totally opposed to giving these monies to someone else. Mr. Robuck stated that they are in the health care business, and they feel that they can better spend those monies. He stressed that the three acute hospitals are not here saying that they need to get people out of the emergency rooms, because they are doing that themselves. In the last year, they have moved 25,000 people in primary care visits off of their emergency room list, and they are solving their own problems, and they are using that money to solve them. He explained that one of the reasons that they cannot get people out of the emergency rooms as fast as they would like to is because of a Federal Law that prohibits them from doing so. He stated that the hospitals have taken the study seriously, and their foundation has done another study since then to help guide them in their spending of those monies. Mr. Robuck stated that they feel that they can spend the money better than a governmental entity, or some other private entity, and he feels that they have demonstrated this by doing a good job.

Dr. Patrowicz stated that he has said before that Leesburg is an outstanding model and should be commended, but South Lake is not, Waterman is not, and the issue of mental health has not been addressed in the comments made by Mr. Robuck. He stated that the provision of needed medications for those individuals leaving these clinics is not being met either. He noted once again that the estimate for all of this care would be somewhere between $3 million and $4 million. He stated that, when they heard from Mr. Cherry this morning about mental health needs, they heard that it would take a $2 million contribution from the County to help address safety issues, as well as health care issues. He stated that it may be possible that they could work out some kind of funding from the tax money that the County is getting now from the hospitals, and which are currently available, without having to raise the taxes. Dr. Patrowicz stated that they are looking for an amicable solution, and he does think that the Board can help.

Mr. Robuck stated that he would address the two issues that Dr. Patrowicz indicated that he did not discuss. In terms of medications, he stated that they do need more medication and more access to them, and he does not have a solution today, but he is looking into getting a federal grant to try and solve that problem, for a short term, because the grant runs out in three years. In terms of mental health, he stated that, before Mr. Cherry came to Lifestream, and it was having problems, LRMC offered to bring in a CEO on an interim basis, someone that had run a successful mental health center elsewhere in the nation, but they chose not to accept the offer. Mr. Robuck stated that all three hospitals have health care in their missions. He explained that, if Lifestream gets in a dire financial straight, they will assist them and provide health care, but he stressed that there is not enough money for health care. He stated that the hospitals are doing all that they can do, and they think that they are the best providers, and they ask that the Board not recommend that the legislature take that money away from them, because they need that money to provide health care.

Mr. Jeff Fuller, North Central Florida Health Planning Council (NCFHPC), Gainesville, informed the Board that they were the principle investigators for the Health Care Committee's Indigent Care Study a few years ago. Mr. Fuller stated that they worked with the Foundation at LRMC in helping them with a process to do a need assessment for their planning region. Mr. Fuller stated that the NCFHPC is pro-access for health care, in terms of expanding quality and affordability of health care. He stated that they are going to be here to help them, and the Health Care Committee, and they are welcoming the chance to be a part of this process.

Dr. Thomas J. Valente, Medical Director at Lifestream, stated that he has been at Lifestream for the past six months, and previously he was in private practice in Tavares. He stated that he would beg to differ with the status of the health care, particularly to mental health care. Although he believes that the indigent care clinics are doing better, there are a lot of mental health patients not being treated. Dr. Valenti stated that the cost to treat these patients as they deteriorate becomes much greater, and they need to be much more pro-active, because they are doing a poor job of identifying the mental health needs of children and treating them. He stated that although the hospitals may say that they are doing a great job and they are starting these clinics, he disagrees with them, because he does not see the hospitals bringing in psychiatrists or mental health programs, but he see more of a blanket view of this issue, and he does not see them meeting the needs. Dr. Valente stated that it is impossible for Lifestream to make a profit, because at least one half of their patients have no funding source. He stated that there are approximately 2,500 schizophrenics on the streets in Lake County and, when addressing what is happening in the classrooms in the schools, they are missing the point, if they do not believe that it related to a mental health issue. He noted that numerous studies have shown that money spent on mental health care will lower the cost of health care in general, which he explained at this time. Dr. Valente stated that his comments are based on his opinion from being in private practice in Lake County for five years, and as the Medical Director for Lifestream. He stated that, if they should ask any psychiatrist or physician in the County if the County is meeting the mental health needs of Lake County, he did not believe that they would get a positive response.

Dr. Vesser stated that, aside from the mental health problem that was discussed by Dr. Valente, he feels that they have really closed in on the drug problem, and the medications for this program, but they still have not been able to establish a way to fund the necessary studies that need to be done. He discussed the Medicare issue and the costs being charged today by doctors and hospitals and stated that, if they went into a managed care situation, they would lose their sovereign immunity. He stated that right now they operate on a budget of $300,000 a year, and they have a group of compensated employees, and they have volunteers from all specialties. Commr. Stivender stated that her comments are similar to Commr. Hill's comments, in that she believes the Board should send these issues back to the Health Care Committee, because if the Committee has not addressed funding, the Board needs to send direction that they need to address it and look at the different budgets, and then come back with any suggestions, or ideas that they have regarding the issue. She stated that the funding covers the prescriptions and mental health, and all of those types of issues, and she did not feel that the Board had enough information here today to do anything.

Commr. Pool stated that the Board has been given a lot of information today, and both sides are trying to resolve a problem in their society, and they are not going to do that today. He stated that, after hearing both sides, he was not prepared today to make a decision, because he does not know all of the facts, but he did feel that, if the Board sends this back to the Health Care Committee, and they recognize the Board's concerns and their desire to see some concrete ideas, or funding mechanisms, they can certainly continue to look at it, and as these other clinics come on line, they will see more progress being made. Commr. Pool stated that he was disappointed to hear that, if there is a clinic right next door to a hospital, they cannot send them that way, and it did not make sense, from a federal government standpoint, and those issues should be resolved. He stated that he did not feel today that he is ready to try to say to the legislators that these dollars should head in that direction without giving the Health Care Clinic a chance, and the health care providers a chance, to come up with funding mechanisms.

Commr. Cadwell stated that, if the Board is going to send this issue back to the Health Care Committee and tell them to address the funding, the Board might want to be cautious about what they ask for because it may also suggest that the County wants to start getting into that business and contributing to it. He stated that he did not have a problem if the majority of the Board wants to send it back to the Committee and tell them to specifically address the funding.

Commr. Hanson stated that the County contributes about $4 million a year to health care, most of which is indigent health care, and this is a point that is often overlooked. She stated that, if the Board sends it back to the Health Care Committee, the Board needs to give some direction, not just to look at funding, but perhaps to devise a formula for funding these areas out of the existing dollars. They would really being looking at prioritization, and she feels that they are raising a significant number of dollars in the County today, whether through the hospital taxing districts, or through ad valorem, or grants that they may get that go into health care, and the health department is another major player. She agrees with Mr. Robuck that the hospitals need to be there to help make those decisions.

Commr. Hanson stated that she would ask that direction be given by the Board to the Lake County Comprehensive Health Care Committee, to do an in depth study of where the dollars are currently in the County and where they are spent, and also to devise a formula, or a method of funding mental health, the specialty care, the clinics, medications, whether it is working through partnerships with others in the community, and outreach programs

Commr. Stivender stated that Commr. Hanson has indicated that the Health Care Committee has already been over the issue of funding, and since she is the liaison to the Committee, she questioned whether it would be better if the Board came up with a different committee to review the issue.

Commr. Hanson stated that she did not feel that this is the issue, but she did feel that, if the Board gives specific direction to do those two things, she feels that a sub-committee will probably be created from the Health Care Committee. She stated that the Committee itself has done an outstanding job with the program for the clinics, and if they are given that task, they will create a committee that will do exactly what the Board has asked them to do. She noted that the NCFHPC can help to get the facts and figures together.

Commr. Pool stated that he felt that they were much closer today with partnerships, because of the churches and doctors that are coming together, and he sees it getting better, and he still feels that there may be a formula that can bring dollars to both sides.

Commr. Hanson stated that a very simple method could be developed, for example, the people in the Waterman district that are truly indigent could receive mental health services at Lifestream, and Lifestream could be compensated for that care, and Hospice is another one that has beds that could also be considered in this total issue.

Dr. Patrowicz stated that the resolution for continued dialogue is absolutely on point, and the mandate by the Board to the Health Care Committee to address the issue of funding for the medically indigent will be very positive direction.

Commr. Hanson stated that, if a study is done, it may be that the dollars are currently being spent in the wisest fashion possible, and there is no need to improve the process, and then the Board will have to look at what they are going to do, if anything.

Dr. Patrowicz questioned if the Health Care Committee is going to have the resource of the NCFHPC, because that implies dollars, so some stipend needs to be provided for them.

Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that he was not aware of any current contract with the NCFHPC, and the County is a member of the Council, but the County has always done this on a contract by contract basis.

Mr. Fuller noted that he had not planned to discuss future projects with the County, but each year their executive director appears before each County Commission in their district and appeals for a small levy for population in the community, and he was not sure if he has had the opportunity to come to Lake County yet, but he wanted the Board to know that they are committed to this project. He stated that, since this study ended, they have maintained their attendance at the meetings of the Health Care Committee, as well as the special sub-committee that has researched the Health Link Programs, at their own costs, because they are interested in it. He stated that they may need some small amount of resources for travel, but then again, he has not talked to the executive director, but they are interested in maintaining a role regardless of funding, because Lake County is in their planning jurisdiction, and this is an important issue for the residents of Lake County, as well as everyone in their district in searching for models for solving indigent health care.

Commr. Hanson questioned whether it was acceptable by the Board to send the issue back to the Comprehensive Health Care Committee, with the direction for the funding mechanisms to be studied and proposed and brought back to the Board.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to give direction to the Lake County Comprehensive Health Care Committee, to do an in depth study of where the dollars are currently in the County and where they are spent, and also to devise a formula, or a method of funding mental health, the specialty care, the clinics, medications, whether it is working through partnerships with others in the community, and outreach programs, and for these funding mechanisms to be studied and proposed and brought back to the Board.

COMMISSIONERS

At 3:13 p.m., it was noted that Commr. Cadwell left the meeting.

PUBLIC HEARING -

ORDINANCES/GROWTH MANAGEMENT

Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-89, if approved by the Board.

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.01.05 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E., LAKE COUNTY CODE; AMENDING THE REQUIREMENTS FOR ALLOWING ACCESSORY DWELLINGS; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING AN EFFECTIVE DATE.



Ms. Sharon Farrell, Senior Director of Growth Management, explained that the Ordinance included changes in the maximum size from 800 square feet to 1200, or 40 percent instead of 25 percent , to meet some of the new housing needs that the County has had in the last ten years or so as far as elderly parents and growing families.

Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve Ordinance 2001-89, as read by title only.

Under discussion, Commr. Hanson noted that this is an element of smart growth.

The Chairman called for a vote on the motion, which was carried by a 4-0 vote.

Commr. Cadwell was not present for the discussion or vote.

COMMISSIONERS

At 3:16 p.m., it was noted that Commr. Cadwell had returned to the meeting.

PUBLIC HEARING -

ORDINANCES/COURTS-JUDGES/COMMUNITY SERVICES

Ms. Valerie Fuchs, Assistant County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-90, if approved by the Board.

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING SECTION 9-10 OF THE LAKE COUNTY CODE TO BE ENTITLED COLLECTION OF ADDITIONAL COSTS IN MISDEMEANOR CASES INVOLVING DRUGS OR ALCOHOL; PROVIDING FOR A FIFTEEN ($15.00) FEE TO BE COLLECTED BY THE CLERK OF THE COURT IN CASES INVOLVING DRUG ABUSE OR ALCOHOL; PROVIDING FOR THE ESTABLISHMENT OF THE LAKE COUNTY ALCOHOL AND OTHER DRUG ABUSE TRUST FUND; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING AN EFFECTIVE DATE.



Commr. Hanson opened the public hearing portion of the meeting and called for public comment. There being none, the public hearing portion of the meeting was closed.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Ordinance 2001-90, as read by title only.

ORDINANCES - PERMISSION TO ADVERTISE

GROWTH MANAGEMENT/WATER RESOURCES

Mr. Allan Hewitt, Director of Water Resources Management, addressed the Board to explain the request for permission to advertise an Ordinance to consider change to the Lake County Code for wellhead protection. Mr. Hewitt stated that the intent is to simplify the Ordinance, maximize the groundwater protection, and minimize the land use impacts. He explained that previously the Ordinance reflected 300 feet and 1,000 feet, and the proposed Ordinance will now require staff to use Florida Department of Environmental Protection (FDEP) setback standards for any type of activity that is going to be located near a public supply well. He noted that the FDEP standards will vary according to the type of activity, and there will be a different rule for each activity, which are all available in the Florida Statutes. He further noted that this will increase the actual cost of the construction of the well, but that will be more than offset by the required modeling that staff would have to do, if it was done the other way. By putting the well into the Avon Park formation, you isolate any type of draw down characteristics that you are going to have from the surface. Mr. Hewitt stated that this will be for FDEP controlled wells, or FDEP permitted wells, in the unincorporated area of Lake County. In terms of the cities, he noted that this will apply to anyone who builds a well within the County.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for permission to advertise an Ordinance to consider change to the Lake County Code for Wellhead Protection.

COUNTY MANAGER/HUMAN RESOURCES

Mr. Sandy Minkoff, County Attorney/Acting County Manager, informed the Board that he had asked Ms. Lourdes Ramos, Senior Director of Human Resources, to develop a proposal on terms of how to narrow down the applications that have been coming in and will be coming in for the County Manager. He noted that the recommendation was in the backup and there is a time line that staff is recommending as well as policies on reimbursement of expenses for candidates.

Commr. Hanson stated that she had suggested five members to the advisory committee instead of ten members, but Mr. Minkoff pointed out that this might create some problems of having a board that would have enough diversity, and she agreed with him. She questioned whether seven members would be enough., two at-large and one appointment by each Commissioner.

Commr. Cadwell stated that originally he was concerned with the size of the committee, but he does not feel that size matters that much with this committee, because of their job in this process, and because they will not be interviewing the people.

Mr. Minkoff explained that this process is very similar to what was done in 1991, but Ms. Ramos did provide that the committee might do initial interviews, if they felt it was necessary, in order to narrow it down. After some clarification by Ms. Ramos, it was noted that this portion was stricken from the time line.

Commr. Hanson questioned whether the committee would have the ability to look over those applications that had been rejected by staff.

Ms. Ramos explained that she will be doing the initial review to see who meets the minimum qualifications. She explained that normally staff does not take applications beyond the posting date, and she has developed a list of cities and counties that are similar in size and that have about the same number of employees and developed a list of county managers, city managers, and deputy county managers, and she is sending them a personal letter saying that this position is open in Lake County. She explained that they are targeting the recruitment with a brochure and a letter. Ms. Ramos noted that the list also included areas in Georgia, South Carolina, Pennsylvania, Louisiana, and Alabama that are comparable population wise.

Mr. Minkoff explained that the goal is to get as much interest as they can and at last count, they had 96 applications, and there is still a month to go in the process.

Ms. Ramos stated that staff has used the Lake Sentinel Career Builders as a resource, but for this position, it was probably not the best, because staff is looking for specific government experience. She stated that they have gotten an excellent response, and with this other step of targeted recruitment, it will identify a few more that might be interested.

Commr. Hill stated that she would like to clarify that staff will be screening for minimum standards, and there will be a search committee of citizens, but the Board will make the final selection.

Ms. Ramos explained that the committee will narrow down the applicants on how they look on paper, and they are going to give the Board the top 10 to 15 applications or resumes that they feel are the best, and then the Board will make the choice as to who they would like to bring in for interviews.

Commr. Stivender stated that people have asked her if she is going to look at all of the applications, and she has made that request of Mr. Minkoff, and she will be going through the ones that are qualified and looking at them, so the public knows that she is doing her job.

It was noted that all applications will be available to the Board members, as well as to the public.

Commr. Cadwell made a motion, which was seconded by Commr. Pool, to approve the screening and selection process, including time frames, for hiring a County Manager.

Under discussion, Mr. Minkoff clarified that staff will make the changes to make it clear that the initial committee does not do the interviewing, just the paper review.

The Chairman called for a vote on the motion, which was carried unanimously by a 5-0 vote, with the changes being made for clarification, as noted.

Mr. Minkoff stated that staff indicated June 26, 2001 as the last date to make appointments, and the Board could do it earlier, but staff would definitely like to have the appointments to the committee, so that this group can begin in July.

Commr. Cadwell stated that, from going through this process before, the Board members may want to have four or five names, so that they can hopefully balance out the committee.

Mr. Minkoff stated that, from the way that staff recommended the committee to the Board, there is no requirement that they be from their district, so they can be countywide. He noted that this process does not fall under a Florida Statute, and it is the Board's screening process.

FISCAL & ADMINISTRATIVE SERVICES/HUMAN RESOURCES

Mr. Sandy Minkoff, County Attorney/Acting County Manager, addressed the Board to explain the request for approval of the deletion of the position of Budget Director and the addition of two positions of Budget Analyst in the Department of Fiscal and Administrative Services, Budget Division. Mr. Minkoff stated that Ms. Sarah LaMarche, Senior Director of Fiscal and Administrative Services, made the recommendation to him to take that Budget Director position and downgrade it and add a second analyst, because of the intense workload at this time of year, and her believing that the County will not be able to get a Budget Director for the kind of dollars being shown. He noted that there is a cost of about $14,000.

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the deletion of the position of Budget Director and the addition of two positions of Budget Analyst in the Department of Fiscal and Administrative Services, Budget Division.

CONTRACTS, LEASES & AGREEMENTS/PUBLIC WORKS

Mr. Fred Schneider, Engineering Director, addressed the Board to discuss the request from Public Works for the approval of the LifeStream Behavioral Center/Lake County Transit contract addendum. Mr. Schneider explained that it will clarify the service and fees, as follows: FDOT 5311 Service Route ($32); Door to Door Service ($12); and adding Villages Service and Mid Florida Service, which were already approved by the Board.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the LifeStream Behavioral Center/Lake County Transit contract addendum.

ACCOUNTS ALLOWED/GRANTS/TRANSPORTATION/PUBLIC WORKS

Mr. Fred Schneider, Engineering Director, addressed the Board and explained that this request involves the annual Transportation Disadvantaged Planning Grant that the County gets from the Department of Transportation, in the amount of $19,923, with no local match required.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to submit an application for the Florida Commission for the Transportation Disadvantaged Planning Grant, as noted.

ACCOUNTS ALLOWED/GRANTS/TRANSPORTATION/PUBLIC WORKS

Mr. Fred Schneider, Engineering Director, addressed the Board and explained that this request involves an application for the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant, which allows the purchase of capital items and is an annual grant. The grant will be in the amount of $314,623 with a local match of $34,958 being required.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to submit an application for the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant, as noted.

PUBLIC WORKS/ROADS-COUNTY & STATE/MUNICIPALITIES

Mr. Fred Schneider, Engineering Director, addressed the Board and stated that, in regards to the Maintenance Map for CR-455 located in the Montverde area, staff has notified all of the affected property owners, and they have resolved all of the issues with them. He stated that this will allow staff to resurface and pave shoulders, approve the intersection at CR50 and CR 455, and add a traffic signal.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for acceptance of a Maintenance Map for CR-455 located in the Montverde area.

Pursuant to the request made by Commr. Pool, Mr. Schneider reviewed the redesign of the intersection and noted that DOT has agreed to fund the cost of the traffic signal.

OTHER BUSINESS

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Doug Akers as the representative from the home health care field on the Lake County Comprehensive Health Care Committee.

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Ellen Miller as a District 1 representative on the Elder Ready Study Committee.

REPORTS - COUNTY ATTORNEY

ACCOUNTS ALLOWED/DEEDS

Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board to explain the request regarding application for tax deeds by the County.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for approval of application for tax deed by the County on all parcels except homestead on property valued greater than $5,000.00 and homestead property where total taxes due are greater than $100.00.

APPOINTMENTS-RESIGNATIONS/COMMITTEES/MEETINGS

Commr. Hanson stated that she would like to ask Commr. Hill and Commr. Cadwell to sit on the Value Adjustment Board (VAB) this year.

After some discussion, Commr. Stivender volunteered to serve on the VAB, along with Commr. Hanson, as Chairman, and Commr. Hill.

On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the appointment of Commr. Hanson, Chairman, Commr. Stivender, and Commr. Hill to serve on the Value Adjustment Board (VAB) and approved August 22 and 23, 2001, as dates for the VAB to hear requests regarding agricultural and homestead exemptions and September 26 - 28, 2001, as dates for the VAB to hear requests regarding property assessments.

ORDINANCES - PERMISSION TO ADVERTISE

COMMITTEES

Ms. Valerie Fuchs, Assistant County Attorney, explained that the proposed Ordinance amending Chapter 2, Division 6, entitled Agricultural Advisory Committee, will modify the terms of the members and change annual report to periodic reports, along with other minor changes.

Commr. Hill referred to Page 2, Line 24, of the proposed Ordinance, which stated "and provide educational forums", and noted that the educational seat has been removed from that committee. She stated that she would like to add this seat back on the committee and noted that the voting membership would be an even number, if they deleted the educational component.

Discussion occurred regarding the following deletion of language on Page 3: (6) One (1) member representing agricultural education.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney to advertise an Ordinance amending Chapter 2, Division 6, entitled Agricultural Advisory Committee, and to add back into the Ordinance the one member representing agricultural education.

CONTRACTS, LEASES & AGREEMENTS/COURTS-JUDGES

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval of Settlement Agreement between Lake County vs. Valerie Waldo, et al, Circuit Court Case Number 00-3340CA.

REPORTS - COUNTY MANAGER

COMMISSIONERS/DISTRICTS/ELECTIONS

Mr. Sandy Minkoff, County Attorney/Acting County Manager, stated that this year they have to look at the individual County Commission districts and redistrict sometime during the odd year. Mr. Minkoff stated that he created a committee and asked Mr. Alvin Jackson, Deputy County Manager, to chair that committee, and Mr. Jim Stivender, Senior Director of Public Works, Ms. Sharon Farrell, Senior Director of Growth Management, and Ms. Kitty Cooper, GIS Director, are on the committee, as well. He stated that, before the committee began to redraft the districts, he asked them to come forward and give the Board a map to show them what the current population is in the current districts, with an idea of what has to happen, and then also attached are some issues that they would like to provide as guidance for them. If the Board agrees, they will bring back some possibilities with fairly broad lines. He wanted to make two points, one, that they will be working with the Supervisor of Elections, and two, he and Commr. Hanson met with Ms. Pam Saylor, Superintendent of Schools, and they will be trying to work with them to see if there can be some consistency on what they try to develop. He noted that Ms. Cooper is also doing some maps for the School Board.

Ms. Cooper explained that they received the census data, and they decided that the block group level was the best way to show it to the Board. At this time, she showed the Board a district map with the existing lines, and then the block groups with the population inside of them. Ms. Cooper noted how the districts were split up in 1990 and the population in the districts now. She explained that, as of April, 2000, Lake County had 210,528 people in it, and when divided by five, it equals 42,105.

Mr. Minkoff stated that one of the problems is that it appears that all of the southern Lake County cities will not be able to be in one district, and therefore, the Board needed to review the questions set forth by staff, and if they decide to divide the cities, they need to determine how they will divide them. He stated that, if they included all of the cities, they would almost have to stop immediately at their city limits and exclude some of the unincorporated area that is north of the cities.

Mr. Jackson, Deputy County Manager, addressed the Board and explained the process used by the committee to identify the boundaries. Mr. Jackson stated that, as the Florida Statutes have indicated, it has to be as nearly as equal as possible, and the Board needs to give staff what would be an acceptable range.

Mr. Minkoff stated that to be exactly equal would be the goal, but he noted that it is not as important for them, because they elect countywide, so if they are off a little bit, they are not likely to be challenged. He stated that they cannot get statistically equal, and the goal would be to get as close to equal as possible.

Commr. Cadwell explained that the last time the Board went through this process, the districts changed dramatically from what they had been historically, such as his district and in the south end, so they may see something that will be similar to that in the south end of the County again.

Ms. Yvonne Mouser, GIS Project Manager, addressed the Board and explained the numbers that they were anticipating in each district and the boundary lines for each district.

It was noted that the GIS would supply each Board member with a smaller version of the map being shown.

Mr. Minkoff stated that staff was asking for direction from the Board, so they can develop 10 or 12 different scenarios for redistricting.

Commr. Hanson felt that staff needed to leave at least one city in each district.

Mr. Minkoff explained that unfortunately, with Ms. Emogene Stegall, Supervisor of Elections, section lines are very poor, because roads tend to meander on both sides, so she is going to want landmarks, such as streets, or rivers, or these types of things, so it is very easy for her to determine where somebody is located. He explained that staff knows that they are going to have to pull district one and/or district three dramatically to the south, and that will leave them with some changes on the north end.



Mr. Minkoff questioned, if staff pulls district one and district 3 down, will the Board be comfortable with the way District 4 and District 5 generally look today, because 4 and 5 will creep also further to the south and/or to the west. If the Board wants to work with this model, Mr. Minkoff stated that staff will give them some alternatives and show them what can happen in the other districts.

Mr. Minkoff stated that staff will give the Board members individual maps and in a month or so they will reschedule this agenda item and bring back three or four different alternatives for the Board to review. After further discussion, it was noted that the Board would like a map looking at Astor in both District 4 and District 5.

Mr. Roy Hunter addressed the Board and questioned whether there would be any change with the 42 corridor, and Commr. Hanson noted that this would be one of the boundaries that would have to be considered in the process.

POLICIES

Mr. Sandy Minkoff, County Attorney/Acting County Manager, explained that the request for the approval of acceptance of the Credit Card Policy came from the e-Commerce Team and the FastTrack Permitting Team, which would allow the County to accept credit cards. If the Board adopts the policy, it will probably be implemented across the County line, so they will also begin to accept them at the counters. The initial recommendation would be to include a service fee equal to what it would cost them to accept the credit cards, which would be between 2% and 7% depending on what medium is used to pay them. Mr. Minkoff stated that this is going to discourage the use of credit cards somewhat because in the governments that they have seen that accept them, they get much greater use when they do not charge the convenience fees. He stated that, once they have the system in place to accept them, they felt that they might as well offer it both on-line and at the counters. He stated that staff can always go back, if it looks like no one is using them, or if they are saving considerable money some way, perhaps reduce it or eliminate it.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from the County Manager for approval of a policy that would allow County departments to accept credit and debit cards in payment for goods and services (Credit Card Policy).



REPORTS - COMMISSIONER POOL - DISTRICT #2

RESOLUTIONS

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2001-108 declaring June as Safety Month.

AIRPORTS/OTHER COUNTIES

Commr. Pool informed the Board that it appears that the proposal for an airport in southwest Orange County is not going to happen at this time, and therefore, there is interest now to bring an municipal airport to south Lake County. He had talked about having a district meeting to discuss this issue, but before he has a district meeting, he thought he might bring it to his fellow Commissioners for Board comment. He stated that, in terms of the question regarding a need for an airport in south Lake County, they thought they had a need for one in Orange County, but they met resistance from the residents along the corridor in west Orange County. It was then brought to his attention that there are properties available in south Lake County that would not have citizens living in and around the area, and there would be an opportunity to have this type of airport. Commr. Pool stated that he does not know the real needs, but a district meeting may help him understand whether or not the citizens in south Lake County are interested. He understands that there are thousands of acres in south Lake County, and Disney owns some acreage with no one around it, and there are economic and business opportunities there.

Commr. Cadwell stated that Commr. Pool has the option to hold a meeting in his district, but he feels that, with the growth of the other regional airports, including Leesburg, this is probably going to serve them for a long time, and he is not real comfortable with the idea, but certainly, as a District Commissioner, if he wants to research the issue and have some community input and bring it back to the Board, it would certainly be responsible for him to do that. He assumed that an airport would service that whole region, and then they would have to determine the benefit to Lake County, if it houses the airport.

Commr. Hanson stated that it might be more productive to have a presentation before the Board, so that they would have some information on the issue.

Commr. Pool stated that he would have no problem with this suggestion, and Mr. Sandy Minkoff, County Attorney/Acting County Manager, felt that he might find out if there is any interest in the district, but he was willing to bring any presentation they may have to the Board and go from there, because he feels that they should be given the same information and the same opportunity to hear the statistics and facts, and he was in favor of a presentation and would recommend at least bringing a presentation to this Board to listen to both sides.

It was noted that the Board would schedule a presentation to be made to the Board regarding the issue of an airport in south Lake County.

REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

COMMISSIONERS/MEETINGS

Commr. Stivender informed the Board that she is working on a community meeting, to be held at the Treadway Elementary School. She stated that the tentative date is July 19, 2001 to discuss the issue of the Gateway School.

Commr. Cadwell reminded the Board that the Gateway School was purchased as a regional facility.

Mr. Sandy Minkoff, County Attorney/Acting County Manager, explained that the meeting was initially being set up as a district meeting only, but if the other Board members wanted to attend, he needed to know, and the question is not whether to purchase the Gateway School, but how to use it and what other agencies would be helping with its uses.

REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4

APPOINTMENTS-RESIGNATIONS/COMMITTEES

On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the selection of Commr. Hanson as the voting delegate and Commr. Cadwell as the alternate for NACo's annual election of officers.

MEETINGS

Commr. Hanson extended her thanks to the Commission for their participation in the Town Meeting in Sorrento.

Commr. Hanson informed the Board that the Fiscal Retreat will be held next Tuesday, June 12, 2001, at Lake Sumter Community College, in the Magnolia Room, at 9 a.m.

REPORTS - COMMISSIONER CADWELL - DISTRICT #5

LEGISLATION/OTHER COUNTIES

Commr. Cadwell informed the Board that he attended the Florida Association of Counties Legislative Update in Brevard County, and he has a copy of the updated list of the funding for the counties, and the legislation that was passed and not passed that would affect counties, which it is in the Board Office and available to the members.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 4 p.m.



CATHERINE C. HANSON, CHAIRMAN



ATTEST:







JAMES C. WATKINS, CLERK



TMR/BOARDMIN/6-5-01/6-21-01