The Lake County Board of County Commissioners met in regular session on Tuesday, August 7, 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/Interim County Manager; Valerie Fuchs, Assistant County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Valerie Fuchs, Assistant County Attorney, stated that she would like to add to the agenda, under the County Attorney's business, a request for a closed session, which will require Board action.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for a closed session, as noted.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated he would like to pull the 10 a.m. presentation shown on the agenda by Ms. Kathy Baughman, Florida Trust for Public Lands, noting that she was unable to get here due to weather conditions.
Mr. Minkoff stated that he would also like to add, under the County Manager's business, a request from Public Works to prepare the signs to identify the sales tax projects.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the request from Public Works, as noted.
Commr. Hanson noted that staff had tried to notify as many people as possible to let them know that Ms. Baughman would not be here this morning. Staff will be attempting to reschedule that presentation.
MINUTE APPROVAL
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of June 12, 2001, Fiscal Retreat, as presented.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 10, 2001, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to postpone action on the July 19, 2001, Special Meeting - District, until the next Board meeting.
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 3, as follows:
Accounts Allowed
Acknowledged 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.
Accounts Allowed/Courts-Judges
Request for approval and signature authorization on the following:
Satisfaction of Judgment, State of Florida vs. Terry Clayton, Case No. 82-903 CFA, in the amount of $500.00 - Final Judgment entered on the 26th day of February, 1987 and recorded in OR Book 910 Page 812 of the Public Records of Lake County, Florida.
Satisfaction of Judgment, State of Florida vs. Terry Clayton, Case No. 83-43 CFB, in the amount of $500.00 - Final Judgment entered on the 26th day of February, 1987 and recorded in OR Book 910 Page 813 of the Public Records of Lake County, Florida.
Satisfaction of Judgment, State of Florida vs. Terry Clayton, Case No. 89-601 CFA, in the amount of $250.00 - Final Judgment entered on the 27th day of August, 1990 and recorded in OR Book 1075 Page 1349 of the Public Records of Lake County, Florida.
Satisfaction of Judgment, State of Florida vs. Terry Clayton, Case No. 86-1268 CFA, in the amount of $500.00 - Final Judgment entered on the 26th day of February, 1987 and recorded in OR Book 910 Page 809 of the Public Records of Lake County, Florida.
Accounts Allowed/Courts-Judges
Request for approval and signature authorization on the following:
Release of Fine that releases and discharges Patsy Harrison from Order of Fine in the amount of $1,550.00 dated June 28, 2001 and recorded in OR Book 1968 pages 394 and 395 of the Public Records of the Clerk of Court of Lake County, Florida on the 29th day of June, 2001.
Release of Fine that releases and discharges Louis J. Deni, Candice Deni Johnson, et al from the Reduction of Order of Fine in the amount of zero dollars ($0.00) dated June 28, 2001 and recorded in OR Book 1968 pages 387 through 388 of the Public Records of the Clerk of Court of Lake County, Florida on the 29th day of June, 2001.
COUNTY MANAGER'S CONSENT AGENDA
Mr. Sandy Minkoff, County Attorney/Interim County Manager, noted that he had two changes to the County Manager's Consent Agenda. In regards to Tab 16, Aunt Mattie's Acres Subdivision, he requested that the reference made to "Conservation Easement Deed" be deleted from the recommendation and noted that the deed will be provided in the subdivision deed restrictions. In regards to Tab 17, the letter of credit amount should be $82,038 as opposed to $99,550.00.
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 22, for the following requests, with the noted corrections to Tabs 16 and 17:
Accounts Allowed/Community Services/Contracts, Leases & Agreements
Request for approval and execution of amendments to Agreements between Lake County and the Boys and Girls Clubs of Lake and Sumter Counties and the South Lake YMCA and approval to encumber funds in the amount of $2,400.00.
Accounts Allowed/Community Services/Grants
Request for approval to submit a grant application for the Florida Library Literacy Grant for the Adult Literacy Program in the amount of $25,000.00.
Accounts Allowed/Economic Development
Request for approval of the return of $8,675.00 to the Jobs Growth Investment Trust Fund by United Signs & Signals, Inc.
Emergency Services/Contracts, Leases & Agreements
Request for approval of the ratification of the Letter of Understanding between Lake County and the Professional Fire Fighters Local 3990 to modify Article 20 of the Collective Bargaining Agreement.
Accounts Allowed/Grants/Parks and Recreation
Request for approval of the 17 Recreation Facilities Grant recommendations by the Parks and Recreation Citizen Advisory Board for FY 2001/02, in the amount of $217,887.00.
Accounts Allowed/Contracts, Leases & Agreements/Grants/Municipalities
Request for approval for the Chairman to execute a First Amendment to Agreement between Lake County and the City of Leesburg relating to Contribution of Community Recreational Capital Improvements Grant in the amount of $874.48 for a sixty day extension.
Accounts Allowed/Contracts, Leases & Agreements/Facilities & Capital Improvements
Request for approval and authorization for the Chairman to sign an Amendment to the Agreement with the City of Tavares for a six month extension of the project completion deadline and approval to revise the construction site for the Tavares Skate Park from the YMCA, Merry Road site to the City of Tavares Woodlea Sports Complex on Woodlea Road in the amount of $95,000.00.
Accounts Allowed/Budget Transfers/Solid Waste/Resolutions/Grants/Courts-Judges
Request for approval of budget transfer in the amount of $105,100.00 from Improvements Other Than Buildings to Solid Waste Management Services, Professional Services. Funds are needed to modify Engineering Services to incorporate Infill Closure costs.
Request for approval of budget transfer in the amount of $25,000.00 from Professional Services to Solid Waste Management Services, Repair and Maintenance. Additional funds are required to repair the Transportation and Hauling trucks used to pick up waste from the drop-offs.
Request for approval of Resolution 2001-137 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $15,000.00 from Other Contributions/Donations - Carlisle Rogers Foundation and to provide appropriations for the disbursement of these funds to Aids to Governmental Agencies - Lake County Soccer League Concession Stand Grant.
Request for approval of Resolution 2001-138 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2000/2001 in the amount of $1,400.00 from Other Miscellaneous Revenues - Central Florida Fair and to provide appropriations for the disbursement of these funds to Promotional Activities.
Request for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for June 2001. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $26,309.00.
Accounts Allowed/Municipalities/Impact Fees
Request for approval to reduce the Transportation Impact Fee by 50 percent for a 14,571 square foot building to be used as a day care facility, Kids R Kids, developed according to the site plan approved by the City of Clermont, and to use interest accumulated via other transportation impact fees collected by the County for payment of the other 50 percent required by the adopted Fee Schedule in the amount of $65,707.92.
Accounts Allowed/Courts-Judges/Suits Affecting the County
Request for approval of an offer to settle Robert D. McFadden's claim for property damage to mobile home in the amount of $115.00 subject to the County Attorney's review and approval.
Bonds-Mobile Home
Request for approval of Mobile Home Bond for Alan Brower to place a mobile home on the property located at 10015 Hickory Hollow Road, Leesburg, Florida for security reasons during the construction of their home.
Accounts Allowed/Subdivisions
Request for approval and authorization to release a letter of credit in the amount of $31,680.00 that was posted for sodding of the Arrowtree Reserve Phase I subdivision. Subdivision consists of 52 lots - Commission District 2.
Accounts Allowed/Subdivisions
Request for approval and authorization to release a letter of credit in the amount of $13,700.00 that was posted for maintenance of the Hidden Forest subdivision. Subdivision consists of 27 lots - Commission District 3.
Public Works/Subdivisions
Request for approval and authorization to accept the final plat from Ronald R. Stevenot and Margaret M. Stevenot, as Trustees of the Ronald R. Stevenot and Margaret M. Stevenot Trust, for Aunt Mattie's Acres subdivision.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request for approval and authorization to accept the final plat for Lost Lake Pines Subdivision, accept a letter of credit for performance in the amount of $82,038.00, and execute a Developer's Agreement for Construction of Improvements between Lake County and Homecrafters, Inc.
Accounts Allowed/Contracts, Leases & Agreements/Resolutions/Subdivisions
Approval and authorization to accept the final plat for Louisa Pointe Phase IV; accept a letter of credit for maintenance in the amount of $15,561.00; execute a Developer's Agreement for Maintenance of Improvements between Lake County and Louisa Pointe Land Trust; and execute Resolution 2001-139 accepting the following roads into the County Road Maintenance System: Louisa Pointe Boulevard "Part" (County Road Number 2-0651), Crenshaw Circle "Part" (County Road Number 2-0651A), Saragossa Street "Part" (County Road Number 2-0651B) and Shoshonie Way (County Road Number 2-0751B).
Accounts Allowed/Subdivisions
Request for approval and authorization to release a letter of credit in the amount of $21,750.43 that was posted for maintenance of the Pineloch Phase I subdivision. Subdivision consists of 27 lots - Commission District 2.
Roads-County & State/Resolutions
Request for approval and authorization to execute Resolution 2001-140 to accept the following roads within the Lake County Central Park Phase 2 into the County road maintenance system: Republic Drive "Part" (County Road Number 2-2223), Independence Boulevard "Part" (County Road Number 2-2323) and Allegiance Court (County Road Number 2-2422).
Roads-County & State/Signs
Approval of Resolution 2001-141 authorizing the posting of a STOP sign to replace an existing YIELD sign on Country Club Drive (4-5268) for traffic entering East Crooked Lake Drive (4-5069), and install a YIELD sign on the south leg for traffic entering Country Club Drive (4-5268) from East Crooked Lake Drive (4-5069).
Accounts Allowed/Grants/Solid Waste Management
Approval and authorization for the Chairman to execute a Electronic Products Collection and Recycling Grant agreement with the Florida Department of Environmental Protection in the amount of $50,000.00 intended to help counties start an on-going electronic products collection and recycling program.
PERSONAL APPEARANCES
EMPLOYEE AWARDS/SPECIAL RECOGNITION
Commr. Hanson presented awards to the following individuals, as Ms. Beverly Amerson, Human Resources Associate II, presented information about each employee:
Presentation of Awards to Employees with Five Years of Service
Charlene P. Smith, Assistant Library Services Director, Community Services/Library Services
Presentation of Award to Employee with Fifteen Years of Service
Frank S. Franklin, Equipment Operator III, Public Works/Maintenance Area I
Presentation of 2001 NACo Achievement Award
It was noted that no one was present for the following presentation:
2001 NACo Achievement Award for the program entitled "Fax-Back Verification" to the Growth Management Department, Building Services Division
PRESENTATION -
ROGER AMON, ADMINISTRATOR, LAKE COUNTY HEALTH DEPARTMENT
TEEN PREGNANCY IN LAKE COUNTY
Mr. Roger Amon, Administrator for the Lake County Health Department, addressed the Board to discuss the issue of teen pregnancy in Lake County. Mr. Amon stated that there has been considerable progress in reducing teen pregnancy over the last ten years in the United States, but major efforts are still needed. Each year, there is almost one million teenage women who become pregnant, with 10% of those women being between the ages of 15 and 19. Between 1991-1999, the United States birth rate for teens aged 15-19 declined from 62 to 49.6 births per 1,000 teen girls after reaching its highest point in two decades, which is a 20.1% reduction. In the State of Florida, there was a 22% reduction in teen births for the same period, and Lake County has had an 11% reduction during that same time period. He noted that, even though they are moving in the right direction, the problem still exists and consequences of teen pregnancy are costly in terms of human life and in terms of money. He continued to discuss the handout material presented to the Board, which addressed the problems and progress of teen pregnancy, and noted that, even though declining, the U.S. teen pregnancy rate is still twice as high as England and Canada and nine times higher than the Netherlands and Japan. Mr. Amon reviewed issues including inadequate prenatal care; low-birth-weight; childhood health problems; level of poverty and stated that the good news is that Lake County teens age 10-14 have one of the lowest birth rates in the State, .51 births per 1,000 women compared to 1.27 statewide, 1997-99 average rate; the bad news is that Lake County's birth rate for teens age 15-19 has consistently ranked the third highest in the state for the same period. He noted that the Lake County Status charts included in the backup shows that Lake County was ranked #19 out of 67 counties in 1998 and 1999 for teen pregnancy.
Mr. Amon stated that recent studies show that teenagers who have strong emotional ties to their parents are much less likely to become sexually active at an early age, and girls involved in sports or other extracurricular activities are less likely to become pregnant. The decline in teen birth rate in the 1990's was attributed to two major factors: 20% of the decline was due to postponing sexual activity until older; 80% was due to more effective contraceptive practice among sexually active teens; and other factors included teens being worried about AIDS and increased attention to the issue played a role. He stated that public awareness had a role in reducing teen pregnancy.
Mr. Amon stated that, in closing, he wanted to reiterate, as a nation and a state, they are making progress, but to address the issues, as noted, they need a community approach that includes raising public awareness, strengthening parent ties, and providing extracurricular activities for teens. He stated that the community needs to stress postponing sexual involvement and make sure that contraceptives are available to sexually active teens.
Mr. Amon explained that, in regards to other communities that have been successful in taking a community approach there has been a strong abstinence program that is reinforced especially with teen peers. He noted that there are two groups that affect teen decision making, parents and peers, and some of the more successful programs have focused on strengthening peer support to postpone sexual involvement and making contraceptives available to teens. Through discussion, Mr. Amon noted that he would research this issue and report back to the Board.
Commr. Hanson stated that the Board knows the social ramification of this issue, and they have seen a lot of figures nationwide on the costs and the continuing cycles of teen pregnancy, but she questioned whether Mr. Amon has looked at the true costs to the County.
Mr. Amon stated that there needs to be an analysis to determine the financial costs, because there are issues in terms of education. He stated that the Lake County Teen Pregnancy Task Force needs to be recharged to pull the data together and go forward with a complete analysis of this issue. Mr. Amon stated that he looks forward to participating as a partner with other providers and other interested parties in this community, because it needs to be a community approach and involve public organizations, consumers and teens.
Commr. Cadwell addressed the information that had been provided about the countries that have low teen pregnancy rates and questioned whether they were abstaining or whether they had a different approach to birth control than the United States.
Mr. Amon stated that birth control is very available in the Netherlands and it is very available through free clinics, but Lake County needs to look at the other countries to see what they are doing to be successful.
Commr. Pool stated that, in his opinion, Leon County is the model for the State of Florida, so he would like Mr. Amon to get information from them about their formulas for success.
Mr. Amon stated that he feels the Teen Task Force can look at some of the successes and other issues, and he believes they will reconvene in September. It was noted that he would report back at the direction of the Board.
PRESENTATION -
KEN SCRUBBS, ASSISTANT DIRECTOR FOR THE YOUTH EDUCATION AND ABSTINENCE GRANT, FLORIDA DEPARTMENT OF HEALTH
Mr. Ken Scrubbs stated that he is the Assistant Director of the Abstinence Education Initiative (AEI) in Lake County, and Ms. Linda Lewis is the Director of AEI. Mr. Scrubbs explained that he is the Campus Ministry Coordinator and he is on staff at the First Baptist Church of Leesburg. He also visits approximately 12 schools in the Leesburg, Lady Lake and Fruitland Park areas. He is the assistant to a community active group in Leesburg where he frequents the homes of children that he sees during the course of the day in the schools, and he provides counseling to the young people in jail. Mr. Scrubbs addressed the question asked earlier of Mr. Roger Amon, Administrator for the Lake County Health Department, relating to the cost to the community for adolescents engaging in premarital sex and stated that the cost goes well beyond what they can imagine. Mr. Scrubbs stated that he feels that what he sees every day is due to the careless, often recklessness disregard in which people treat sex in America. He presented statistics that were somewhat grimmer, which truly indicated that there are those who are not getting the message. He explained that, even though they are seeing the teen pregnancy rate drop, that does not account for a lot of the emotional problems and broken spirts that children incur in their lifetime. Each case of a child not obtaining the opportunities in America is a draw in their society, and it is very costly. Mr. Scrubbs presented much more detailed information about the problems being addressed in society today, as well as the need for more schools and more jails.
Commr. Hanson stated that she appreciates the effect that Mr. Scrubbs has had on Lake County, and she wishes that he could personally be housed throughout the County rather than just in the north part of the County. In regards to the State grant, she questioned whether he had to meet specific criteria for continuing that grant and whether he will be doing an accounting, or benchmark, in order to continue with his education initiative.
Mr. Scrubbs explained that he has to meet stringent criteria, as well as report back to the State of Florida Department of Health. He noted that this program has been in place for two or three years and the State is always measuring their effectiveness.
PRESENTATION -
DEMONSTRATION OF VOTING SYSTEMS
BY EMOGENE STEGALL, SUPERVISOR OF ELECTIONS
Ms. Emogene Stegall, Supervisor of Elections, addressed the Board and stated that she had with her today Mr. Jerry Foster, Assistant Supervisor, and Mr. Duke Jackson, Voting Equipment Coordinator. She was pleased to have Mr. Gene Seets and Ms. Linda Bennett from Election Systems & Software (ES&S), to demonstrate and answer questions to their "new to Florida" voting equipment.
Mr. Gene Seets, Regional Sales Manager, ES&S, stated that they have been fortunate to have Lake County as a customer since the late 1980s. Mr. Seets stated that there are two new systems to Florida, the first being a digital optical scan system. He explained that the digital optical scan system raises the level of accuracy. Mr. Seets demonstrated the system to the Board and noted that the difference is that, in the past, if you were to over vote, you would never catch it until after the election was over, but with this particular system, you would catch it and the ballot would be returned to the voter who would be shown the mistake and would be given a new ballot and the opportunity to vote again. The mistakes are being caught at the point of contact before they exist and the ballot is cast. He presented an brief overview of the easy process that will be used by the poll workers to open up the polls; the backup system and PC card that retains the results; and the steel ballot box. Mr. Seets explained that the optical scan will not catch any check marks, underlines, or circles, and therefore, those will not be counted, and they are not sorted out to be done manually. The machine only looks for ovals that have been filled in. Mr. Seets explained that, if someone over votes on a ballot and deposits the ballot, the machine catches it, the poll worker explains the scenario to the voter, and if the voter decides he does not care about voting for a certain office, then the ballot will be accepted and everything will be counted that the voter did correctly for all of the other races.
Mr. Seets stated that he did not bring with him today the new high speed tabulator, which operates similar to the older version, or model high speed tabulator currently being used by the County, but the State now has mandated that you cannot use high speed tabulation of optical scan or punch card for anything but absentees. He noted that the system has not been approved by the Americans with Disabilities Act (ADA). Mr. Seets explained that ES&S is the largest provider of optical scan systems in the world. He did make the Board aware of the fact that they have recently been challenged by two accounts. At this time, he explained how the system would handle write-in votes.
Mr. Seets stated that ES&S manufactures 14 different voting systems, and there are two systems that Florida has requested that ES&S bring in and market and those have been the digital optical scan system and the most popular one being touch screen voting equipment. He noted that they have had over 200 recounts on the iVotronic touch screen system, and they have never lost a vote, or had one vote changed, and this is a system that they can actually say is 100% accurate. Most of the larger counties have looked at this system, because of the recount factor, the multi-language option, and ADA technology. He presented about a ten minute presentation by video about the ES&S iVotronic unit, which addressed the set up of the machines; the personalized electronic ballot (PEB); the preparation of each unit for voting; opening of polls; screen messages; cast of ballots; backup security; closing of polls; technical overview; software; and certification in the State of Florida. Mr. Seets stated that Florida is the toughest State to be certified in because of the very stringent procedures and policies and required independent testing.
Ms. Linda Bennett, Regional Support Manager, explained that ES&S would work out a training plan for the County's poll workers where they would be given very specific instruction.
Mr. Seets explained the different type of ballot styles and noted that, in terms of machine warranty, ES&S is estimating 12 to 15 years and noted that everything about the system is proprietary.
Commr. Pool questioned whether ES&S sells or re-manufactures a reconditioned machine, with Mr. Seets noting that this particular system is so new that there is nothing going back on the used market and in terms of the future, they are looking at an Internet appliance and envision it being tied into their ES&S iVotronic software, but at this point in time, it is not secure enough.
Discussion occurred regarding the possibility of state and federal funding. It was explained that ES&S will possibly receive retroactive pay, due to positive steps being taken by counties to upgrade systems, and there is an agreement with the Florida Association of Counties (FAC), which allows an additional year of warranty on the software and hardware, as well as other discounted services. An estimated cost to the County was being presented today in the amount of $2.7 million.
Ms. Stegall stated that, if there are funds available, she feels that the touch screen is the way to go, but whatever the Board decides to purchase, her office will make it work. She addressed the issue of consolidating precincts noting that there are currently 87 of them. She would estimate that there are approximately 100 precincts, but she will have to wait for the State to give them the lines. It was noted that the number of units really equate to population by law.
RECESS & REASSEMBLY
At 10:45 a.m., Commr. Hanson announced that the Board would take a 15 minutes recess.
PUBLIC HEARING -
ORDINANCES/WATER RESOURCE 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 2001-112, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING CHAPTER II OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED DEFINITIONS; AMENDING SECTION 6.03.00 OF THE LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED WELLFIELD PROTECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Allan Hewitt, Director of Water Resource Management, addressed the Board and stated that the Comprehensive Plan Policy 7-2.18 requires the County to provide adequate and dependable supplies of good quality water and to safeguard and protect the principle drinking water source for Lake County residents. Mr. Hewitt stated that, in Chapter 6, this will simplify the current rules because it provides standardization; it provides consistent permitting rules throughout the County; it reduces the impacts on land use; the County adopts State setback standards; the Comprehensive Plan and Land Development Regulations (LDRs) are consistent for the setback distance, or the zone of exclusion; and it includes changes to occur in the Comprehensive Plan and the LDRs during the year for consistency. The changes of the ordinance will require all public supply wells to be cased into the Avon Park geologic formation, and it reduces the possibility of contaminations by isolating everything in the upper surficial and drawing all the water for public supply wells out of the Avon Park formation. He stated that it allows the State setbacks that the Florida Department of Environmental Protection (FDEP) has in place to apply. It reduces the impacts on land wells and still provides protection to public supply wells. All public supply wells will be required to come through site plan review, and they must conform to FDEP or St. Johns River Water Management District (SJRWMD) setbacks. He addressed the cost of providing this type of protection, which is 10% to 20% more than what it would normally cost to put in a well, however, there are ways to offset those costs.
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. Cadwell made a motion, which was seconded by Commr. Pool, to approve Ordinance 2001-112 amending the Lake County Code regarding Wellhead Protection, as read by title only.
Under discussion, Commr. Hill stated that she did feel that the County should have a wellhead protection ordinance, but, as stated on Page 3, D., there are three agencies already overseeing and enforcing this and she questioned why it was necessary that the County step in with its own ordinance.
Mr. Hewitt responded that all public supply wells are permitted through the FDEP, and they oversee them, but they will not have the requirements of this ordinance, which is much stricter, and the County will enforce the ordinance. He noted that there is staff already in place to do this so there will be no need to create additional staff. Mr. Hewitt explained that any entity coming into the unincorporated area of the County will be required to follow these standards.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that Mr. Hewitt has been working with the city representatives and initially the request to start this process came from the City of Eustis.
Mr. Hewitt stated that all of the drafts of this ordinance have been reviewed by the SJRWMD and their comments have been included in the ordinance. He noted that the County may have one or two of these types of requests a year for public supply.
Commr. Hanson called for a vote on the motion to approve Ordinance 2001-112, by title only, with the motion being carried unanimously by a 5-0 vote.
PUBLIC HEARING -
ORDINANCES/SOLID WASTE
Ms. Valerie Fuchs, Assistance County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2001-113, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 21, LAKE COUNTY CODE, WATER SUPPLY AND WASTE DISPOSAL TO PROVIDE FOR AMENDMENTS TO SECTION 21-51, DEFINITIONS, AMENDING THE DEFINITIONS FOR "BUSINESS(ES)" AND "COMMERCIAL PROPERTY"; PROVIDING FOR AMENDMENT TO SECTION 21-148.1, INTERIM WASTE MATERIALS ASSESSMENT; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Bill Gilley, Senior Director of Solid Waste Management, addressed the Board and explained that the ordinance amends the commercial definition so that, if you have a mobile home park, or a rental RV park, and you have a single entity, or person owning the lots, they will be treated as commercial customers, and they will not be assessed per unit. The ordinance also states that, instead of paying prior to the issuance of a Certificate of Occupancy (CO) for your interim assessment, staff will continue to bill for that period of time, until the owner of the property is placed on the tax roll by the Property Appraiser.
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 2001-113 Amending Chapter 21, Water Supply and Waste Disposal, as read by title only.
Under discussion, Commr. Hanson stated that Mr. Gilley did meet with the homeowners association and, even though they were not pleased with the system, they can work with it, as well as the timing of the assessment. The only other concern would be the mobile home parks such as Hawthorne.
Mr. Gilley explained that staff is talking with Hawthorne, which is currently paying the hauler direct for the collection side for the residential units. Under the proposed program, the individual owners will pay for collection and disposal on their tax bill. He stated that staff will work with the mobile home parks, because they also provide commercial collection, and try to give them a break on their commercial rates to ease the transition period.
Commr. Hanson called for vote on the motion, which was carried unanimously by a 5-0 vote.
CITIZEN QUESTION AND COMMENT PERIOD
Expressway Authority/Meetings
Ms. Jennifer McMurtray, Defenders of Wildlife, Transportation and Wildlife Ecology Coordinator, addressed the Board to discuss the Western Expressway expansion project. Ms. McMurtray felt that the Board was well aware of the fact that the public is very confused and concerned about the Western Expressway project. She stated that, at the May 23, 2001 Town Hall Meeting held in Sorrento, there was a lot of discussion about this issue, and Commr. Pool suggested that a countywide public hearing be held to discuss the project, as noted in the minutes. She stated that it has been over two months since that meeting and they are still waiting for the Board to take that action. They have started organizing their own community meetings to let citizens become better informed about the project and to give people a chance to share their questions and concerns, and if necessary, they will hold public hearings throughout Lake County, but they feel that this is the Board's job. Ms. McMurtray explained that, when the Board invited the Expressway Authority (Authority) into Lake County to do studies, they made a big decision and it has the power to permanently change rural east Lake County, but the decision was made without any citizen input. When the Board was first discussing this with the Authority in February of last year, the talk was originally about doing studies, but when the Board decided to entertain the idea of bringing toll roads into the County, and since the project areas were described to them, she felt it would have been appropriate to share their intentions with the public, particularly with those people who live within the study areas. Ms. McMurtray stated that the Authority had wanted more power than the Board granted to them, and she commended staff for doing a good job developing the Interlocal Agreement (Agreement) with a no penalty clause. She explained that, in May, 2000, the Agreement presented was not only about conducting studies (she presented the Board with a copy of the Interlocal Agreement), but it presented the whole framework for the Authority expanding into Lake County and operating their system given additional approvals by the Board. She further explained that, even though the Board meetings are open to the public, the Board did not really advertise that they were contemplating making such a big decision as passing an Agreement with the Orlando-Orange County Expressway Authority (OOCEA). She referred to Page 2, Section 4 of the Agreement and noted that it pertains to Public Participation and stated that, after the document was approved in the morning of the Board meeting, the Authority made a presentation that afternoon to explain the process and the public was completely shut out of this process. She further stated that the Agreement notes that additional meetings may be necessary at the conclusion of studies, and there has been a preliminary study (State Road 429 Western Expressway Northern Extension Concept Development and Feasibility Study), which was finished last October and never presented to the public. She personally has some concerns when she reads the study, from the definition of feasibility to the lack of economic data to the conflicting goals of trying to reach I-75 and I-4, and to the lack of consistency with an earlier Department of Transportation (DOT) study of the same concept. She stated that the concept study justified the planning, development and engineering (PD&E) study, which is ongoing now. She referred to Page 2, Section 5 of the Agreement which says that the Board has the authority to end this project without penalty by declaring the project not to be in the best interest of the County, and then the Authority would be free to redirect their PD&E study to focus on the Orange County portion of the project, if they so desired. She stated that the Authority is willing to include the public now for a positive customer base, and to defuse some of the bad feelings, and it is really this Board that is the only entity showing any reluctance to include the public. At the meeting held in Sorrento, the Board kept responding to those concerns by saying that they did not have enough information to decide on the issue. She stated that the Board needs to know whether the citizens are willing to accept the road and the changes that they bring in order to decide where to go from here, and the people need to be heard before the PD&E study happens. She requested that the Board schedule a countywide public hearing on the Western Expressway, preferably this month, to describe to the entire County the process, as outlined in the Agreement; to present the results of the concept development and feasibility study; to ask the public if they want the Western Expressway in Lake County; and to listen to what the citizens say and take appropriate action. She stated that there are people in Lake County, as well as organizations, that are very concerned about this issue, as well as controlling development, and they include Defenders of Wildlife, Audubon of Florida, CAMPS, Sierra Club, Friends of the Wekiva River, Friends of Lake Griffin, Save Our Lakes, Lake County Conservation Council; and the Lake County Voters League.
Commr. Hanson stated that, following the meeting in Sorrento, she had planned to bring this issue up today under her reports, so the Board could vote on it.
Mr. Scott Taylor representing Citizens Against Merchant Power (CAMP) addressed the Board and stated that they are the ones who petitioned to keep the Duke power plant from being located in Lake County. Mr. Taylor stated that, in regards to the issue brought forth by Ms. McMurtray, they petitioned their membership and found that the majority of the members feel there is a definite need to have a meeting on the Expressway project. Mr. Taylor stated that he has great concerns over mistakes that they might make should they have an expressway extension into Lake County, once it reaches SR 46 or SR 44, because it inevitably goes out to I-75 and I-4, which is where Lake County is really going to have a change of life. He noted that he had received information from the Associated Press about the Governor's Conference and one of the most important things on the agenda was the issue of sprawl and the need to try to find ways to put new energy into the urban areas to promote growth in the urban areas, as opposed to spreading it out. Mr. Taylor stated that an expressway that is not solving any problems in the way of traffic today, or for a number of years, does impose a threat into increasing the possibility of a sprawled area.
Mr. Charles Lee representing Audubon of Florida addressed the Board and stated that he hopes the Board will move expeditiously to schedule a countywide public hearing on the Western Expressway and at the conclusion of that hearing make a decision on whether there should be any further consideration of expressway activity in Lake County. Mr. Lee referred to the Agreement and stated that, rather than just a study for a possible expressway, this document seeds much of the political power of this Board to an agency that is run by others from outside the County as an Expressway Authority. Among some of the things that have been seeded to others is the power of this entity to condemn the property and even the homes of residents of Lake County, as shown in Paragraph 2, Page 1 of the Agreement. This Board has also potentially seeded gas tax revenues from Lake County to the Authority for the purpose of operating an expressway in Lake County, as shown in Paragraph 6, Page 2. Mr. Lee stated that the message they wanted to bring today is that they have identified looking at the problems of urban sprawl and the related problems of expressway and turnpike projects that seem to be driving that sprawl around the State. He explained that the Agreement essentially says that, if any of the expressways in Lake County, that are designed by this Authority, do not pay for themselves, then there goes the rest of the gas tax revenues, which would be the revenues that the Board might need to consider improving other local arterials. He further explained that Florida law encourages expressway authorities to speculate on whether sections of the roadway will pay for themselves. Mr. Lee stated that Florida law provides for a revolving toll trust fund, which allows State moneys to be advanced to expressway authorities to plant the seed to speculate with projects, such as the one they are dealing with in Lake County, and Florida law provides the ability, in terms of turnpike projects, with the principle being used by others, to go ahead and take the risk and build a road, even if it will not pay for itself in 15 years. If the road was not paying for itself, then the Board would end up in a situation where the Authority would be coming to the Board and saying that, unless you approve amendments to the Comprehensive Plan to increase the amount of development that is allowed in the vicinity of the expressway so they can get more and more traffic on the expressway, the bonds are going to default and they will be taking the gas tax revenues. He questioned whether there was support from Polk County residents for the construction of an expressway from Orlando through Lake County. Mr. Lee suggested that, based on the response that they have seen from the two public meetings that they attended recently, the overwhelming position of the people of Lake County is that they do not want that road, but a large countywide public hearing will be the test. Mr. Lee stated that, if the position represented to the Board by the residents is not to have the toll road, the Board should pass a resolution rescinding this one and move on. He stated that they are concerned about the effects of expressways in sprawl, as they appear to be related to one another, both with regard to the Wekiva Basin and other natural resource areas in this County. Mr. Lee stated that they have taken a position against not just this project, but also the entire process that relates to this lost leader of business of building toll roads where there is not a demand and creating an impetus to sprawl.
Commr. Pool stated that he respects Mr. Lee's opinion, and the opinion of the Audubon Society, but as elected officials, they have to look forward with vision, and they have to look at what the needs may be today and years from now.
Mr. Lee stated that the Board definitely needs to look to the future, but in doing so, they need to ask themselves where they want the growth to go. There are clearly highway systems that are over capacity and need a lot of work and they are seeing the roads extended across the countryside into areas where the only way that they will produce toll revenues is if the development follows them. They would like to see toll projects and other road projects focused on growth in areas where it is appropriate and where those roads will serve existing capacity and make up for deficits, but what is happening with these projects around the State is that, instead of building toward the need, they are building away from the need.
Mr. Robert Curry, resident of the Seminole Springs area, addressed the Board stated that the public meeting on the expressway will be only a partial analysis of public opinion. He discussed the recent article in the paper about the one cent sales tax and the fact that it will probably go to a ballot referendum, and with that being the case, they will have the unbiased opinion of all of the citizens that choose to vote on that issue. He stated that, if they are talking about having a public meeting on the expressway, the Board would probably have more representation at the polls, but the Board will still not know what the overall feeling of the people of Lake County will be toward the expressway. He asked the Supervisor of Elections about the means of having a public referendum in Lake County and after she consulted with legal staff, he was told that there is no mechanism for one. He continued to pursue the subject and found out that the only thing anyone can do is amend the Constitution. He requested that the Board consider the enfranchisement of the electors to come to the Board, on some formal basis, with something that they feel is necessary for the voters in their entirety of Lake County to decide. He suggested that the Board follow the constitutional model for the State of Florida.
Commr. Hanson noted that the Board can consider the issue brought forth by Mr. Curry.
Mr. Ted Arthur stated that, in defense of the Department of Transportation (DOT), they have spend a lot of time engineering and studying the problems of highways. Mr. Arthur noted that he is a former member of the Audubon Society. He stated that DOT know what needs to be done on SR 46 and he agrees with Commr. Pool that they study these roads and there needs to be some relief on other roads. He explained that it has always been the plan of DOT to have all 67 county seats connected by four-lane divided highways. Mr. Arthur stated that he would prefer to see a four-lane divided highway than a toll road, and now is the time for the planning, the engineering, and the development before it impacts people and residences.
Commr. Hanson stated that, if the Board is in agreement, she would like to put this issue on the agenda and go ahead and discuss it at this time.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to place on the agenda, under Commr. Hanson's business, a discussion of a public meeting in regards to the Expressway Authority Agreement.
Under discussion, Commr. Hanson stated that, in the Agreement, under Public Participation, it says that the County will hold a workshop as soon after the signing of the Agreement, but that obviously did not happen.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that the workshop was held in the Training Room and the actual signing of the Agreement may have taken place close to that date.
Commr. Hanson stated that, when the Board talked about public hearings and public meetings, particularly at the Round Lake meeting, it was her understanding that those would be a part of the Orlando Expressway Authority's process as they moved forward and then Lake County would have a public hearing.
Mr. Minkoff explained that the original agreement sent forth by the Authority was a form agreement, which requested that the Board would get the Authority to build the roads in Lake County, and it was not just at the 429 corridor, but also roads in south Lake County. Staff suggested changes to it, which are in the current Agreement, which basically say they have permission to do their study, but before anything can occur, they have to come back to the Board, and the Board will make a final decision. The current Agreement contemplates that there would be significant changes to this Agreement, or other agreements, and one of the factors that Mr. Minkoff remembers the Board talking about was whether or not Lake County would have a presentation by the Expressway Authority. He explained that the Agreement now says there will be a public hearing for final decision, and the difference between a public hearing and a public meeting is that one includes a decision.
Commr. Hanson called for a vote on the motion to place the item on the agenda for discussion, with the motion being carried unanimously by a 5-0 vote.
Commr. Hanson stated that she has been working with Mr. Minkoff, as County Manager, and Mr. Jim Stivender, Senior Director of Public Works, to set up a countywide Transportation Summit, which will be an information/education process countywide in looking at this particular district as it relates to the rest of the County, and also as it relates to the region and other counties that surround Lake County. She feels that the County needs to move forward with its own fact finding process working with Public Works and Growth Management to get their input, to determine what their build out will be in 25 years or beyond. She feels that they can get some of this information with their own staff and look at the other alternative areas of transportation in the east Lake County area. She explained that permits are being pulled now on old subdivisions where lots are owned by an individual and not a developer. The County has put in some regulations that require aggregating many of these lots, and the County requires that you generally be on a paved road, and the approvals for growth are already there. Commr. Hanson stated that Maryland is a State that has worked hard on smart growth and the Governor's initiative and transportation can be a means of growth management, and it does not have to open up the countryside for more development, and that is a commitment that has to be made at the County level and the State level. Any changes that the Board makes now, or in the future, would have to be approved at the State level, based on their Comprehensive Plan. Commr. Hanson stated that she would be very insistent that, if the road were to go in, that it be limited access and probably restricted access, so that they do not open up new areas for interchanges that would increase the opportunity for development of these properties.
Mr. Minkoff noted that staff is looking at a date of October 30, 2001 for the Transportation Summit, and it will be countywide.
Commr. Cadwell suggested that, between now and then, perhaps the Board could have a presentation by the Authority to update this Board.
Commr. Hanson stated that the Authority is going to make a presentation to this Board on September 18, 2001, at a Board workshop, and she has talked to Mr. Minkoff and Mr. Stivender about having a workshop for the Board again on countywide transportation issues. She stated that the Authority is working on having a citizens advisory committee, and she feels that the Board should have one on this particular issue in Lake County and have people on that committee that are for and against the expressway. She felt that the big issue, in her opinion, is how to maintain the rural quality of life and not let a road such as this destroy the rural character that exists in that area of the County. Commr. Hanson noted that there are two new members on the Board that did not vote to have the study, and it is important that the Board re-evaluate and decide whether they want to move forward, or if they want to terminate. She will leave the discussion up to the Board.
Commr. Stivender stated that, not having been here, but knowing enough bout this issue, it is always wise to look at the choices. She stated that staff has been looking at the issues, but they do not know what is happening in that area, and she feels that the Board should have the workshop, as suggested by Commr. Hanson. She stated that the Board did tell the public that they would have a meeting, so the Board needs to decide on a format for that meeting and, with the Authority coming in September, she felt that the Board should have their meeting before they get here, so that the public can voice their opinions.
Commr. Hanson stated that she agrees with Commr. Stivender about having the public meeting, but she wanted the Authority to make a presentation to the Board first and talk about the process.
Commr. Cadwell stated that he did not anticipate the Authority moving further along in their process and, as long as they understand that the Board is at a point where it needs to be updated on that process and it wants to address some concerns about where it is going and wants to meet as soon as possible, then even though their meeting is set up in a workshop form, the Board can let the Authority make their presentation and set aside some time for public comment in the workshop.
Commr. Stivender questioned whether the public hearing needed to be held at a different time, so that the people who work and want to be involved can be present.
Commr. Pool felt that no matter what time was suggested it would be an inconvenient time for some people. He stated that he agrees with Commr. Cadwell that it would not make a lot of sense to hear from people who do not want the expressway without having any of the facts, and the actual information may come back that it is not going to pay for itself and they do not need one. He stated that, in his opinion, part of this issue would be whether the 429 corridor is going to be profitable between Apopka and Winter Garden/Ocoee. If that link itself is not generating enough money to pay those tolls on that link, it would certainly never happen between Apopka and SR 46. Commr. Pool stated that the right way to go would be to have a meeting date of September 18, 2001 to have the Authority here for a full presentation, with a follow up time for all citizen input.
Mr. Minkoff stated that September 18, 2001 is a normal meeting day, and he hoped to present the regular business in the morning and have the afternoon for the workshop and public comment, at a time certain. He noted that the Board has a public hearing on the budget at 5:05 p.m. that day.
Commr. Hill stated that, as a new Board member, she would like to hear the options, and she would like to hear a presentation before she hears any input from the public but have both scheduled at the same time.
Mr. Minkoff stated that staff will take some additional steps to have the meeting publicized and it does raise an issue that, if it is publicized as a countywide meeting, the meeting room may not accommodate the number of individuals wishing to attend.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to set aside the afternoon on September 18, 2001 for a presentation by the Expressway Authority and to allow time for public comment after the presentation.
COMMISSIONERS
At 12:10 p.m., it was noted that Commr. Cadwell left the meeting.
PRESENTATION -
HABITAT CONSERVATION PLAN (HCP) FOR LAKE COUNTY BY
MILES MEYER, U.S. FISH & WILDLIFE SERVICE (USFWS)
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board and stated that Mr. Miles Meyer, U.S. Fish & Wildlife Service (USFWS) was here today in regards to a conservation program that the County could possibly initiate in Lake County. Mr. Meyer made a presentation in April, 2001, to the Environmental Protection Advisory Board (EPAB), and they made a motion that the Board work on the creation and implementation of a Habitat Conservation Plan for Lake County.
Mr. Miles Meyer, U.S. Fish & Wildlife Service (USFWS), addressed the Board and stated that the Endangered Species Act (ESA), as noted in the backup material, was developed to protect endangered species in the United States. Mr. Meyer stated that Section 9 of that Act prohibits the take of endangered species, which causes a little bit of a problem for development interests, because it could very well shut down any development that is planned. He explained that Section 10 was later developed to provide means in which a non-federal project could result in the take of endangered species, to reduce conflicts between listed species and economic activities and development of areas. He presented a brief definition of take, harass, and harm and explained that, in 1990-1991, the Habitat Conservation Plan (HCP) was developed, which protects the economic interest of private land owners while still protecting the endangered species and allows them to issue a "take permit" for those species while certain conditions are being met, and these permits can be for any length of time. It also protects them from future changes to the ESA, which Mr. Meyer explained.
COMMISSIONERS
At 12:15 p.m., it was noted that Commr. Cadwell returned to the meeting.
HABITAT CONSERVATION PLAN (HCP) FOR LAKE COUNTY BY
MILES MEYER, U.S. FISH & WILDLIFE SERVICE (USFWS) - (CONTINUED)
Mr. Meyer stated that the USFWS is committed to assisting local governments in developing HCPs, but in general most of the projects that they work on are individual developments, subdivisions, commercial developments, and even individual lots. This becomes a little bit of a problem due to current case law and regulations that have been implemented, which cause these projects to take between a year and two years to permit. Mr. Meyer stated that USFWS can provide technical assistance to states, local governments, and private landowners, and that is their major purpose, which they do through the HCP. The plans are used to minimize and avoid impacts to those endangered species. In addition to the HCP process, they have what is called a Safe Harbor, which gives people assurances that, if they manage their property for endangered species, the USFWS will not come back after them for the management benefits that they have promoted. This encourages the land owners to maintain and enhance existing populations and allows them to have many reserves on private lands.
Mr. Meyer stated that he was here today to talk about how a HCP can work on a countywide level, which will allow the County to come in with their growth management plan with their future acquisitions and where they know that the development will potentially occur. Then the County will come to the USFWS and say that they would like to develop a mitigation plan for these future developments, and if a HCP is approved on a countywide level, it gets the USFWS out of the permitting stages for these individual developments and allows the County to have control over where the development goes, as long as they meet the guidelines that the County and the USFWS have agreed upon. Mr. Meyer stated that, not only can these lands be used for mitigation purposes, but they can be used for other purposes. He stated that Lake County has 14 federally listed species within the County and can be included in HCPs. The lands that are acquired have other benefits to the County and can be used for aquifer recharge areas. It can also allow economic certainty to large land owners who are guaranteed the right to develop their land in the future, as long as they meet the guidelines that have been developed. It allows for amenity value of the protected land to the local communities and can be used as park lands, or low impact areas with trails, so that those lands increase the value of the adjacent property. It can be used to benefit open space, recreation and tourism, as Volusia County is doing for an area being used as one of their eco-tourism locations. He explained that enhancement and management of habitats are also beneficial to wildfire control, which he explained, and it can also be used for watershed protection. It can also be used for education and research purposes and it can be used to increase bio-diversity within those areas. Mr. Meyer stated that there is a map available that shows where some of the large amounts of scrub habitat are located in the northeast portion of the County that are not managed. He noted that they have a lot of development now in the central part of the County, at Plantation at Leesburg and Quail Ridge, which have come to them for HCPs, because they do have scrub jays on their property. He explained that, by doing a countywide project, those individual projects would not come to the USFWS but would come to the County, when they were getting their building permits or other planning authorization, and be approved by the County at that time. Then the USFWS would be notified and they would give a letter of authorization to those individuals and this would reduce their permitting process by at least a year and possibly two years.
Mr. Meyer stated that the USFWS is trying to develop these HCPs countywide in several counties. The USFWS has grants available and right now they are considering Lake County in one of the grant programs that they have for a countywide survey of endangered species. They would like to get Audubon groups and the defenders of wildlife involved in these, because having volunteers do the survey work benefits the County in cost management. They consider that to be in-kind services, and they can consider that as beneficial costs when they are considering grants. Right now they are looking at a federal grant in the amount of $60,000 for the survey, which does not require matching funds for another county, and the School Board would be interested in this because they can review future School Board development and new transportation corridors by limiting the impact to endangered habitat and allowing those developments to fund some of the mitigation and management acquisition for natural lands.
Commr. Hanson stated that she is just as impressed with the presentation as she was when she heard the presentation several months ago. She stated that it could have a very definite positive impact on Lake County and starting with the survey would be the right direction.
Mr. Meyer stated that statewide surveys were done in 1993 but it would be helpful to have a more detailed assessment of locations of endangered species. He explained that they do not know how many of the 14 species in Lake County will be considered as federally listed species, but they can be considered up front under a HCP proposal, which would cover landowners in the future. If the County included a Safe Harbor proposal with it, they can promote endangered species management on private lands adjacent to acquisitions, or in areas that may be developed, or in areas where the County is just very interested in maintaining those lands as managed lands for future uses. If the County moves forward, the preliminary step is getting an assessment of where the endangered are located, knowing a general population trend, or analysis of what they have and the condition of the habitat. Once they have the GIS information, the aerial photography, and survey data, and by working with the County, their consultants, their environmental boards, their planning boards, their transportation boards, and water quality groups, they can develop plans that will benefit the County and the endangered species.
Commr. Stivender stated that, as it was explained to her, from April to September, they will have people go out and do their surveys to come back with the information, and then they apply for another grant to do the management plan itself.
Mr. Meyer explained that the grants are determined by the stage of the process and right now this region has $1.5 million available for preliminary planning purposes and that is within the southeast U.S., and how much they can actually acquire for Florida, or for Lake County, depends on the quality of the volunteers, and the ability of the County to provide some of this information for them. He noted that they did put the County in for $60,000 because they felt that this would be sufficient to start a first year survey. In the future, they have grant plans that are available for writing the grant plans, for managing the land, for acquisition of land, and for managing adjacent lands that are not used for mitigation, but only for County acquisitions. Mr. Meyer stated that there are also grants available through the Safe Harbor program for adjacent landowners to manage their land, and there are partner programs where they encourage ranch lands or other agricultural lands and manage their lands for endangered species.
Commr. Hanson questioned whether there would be any benefit to including this item in the County's Comprehensive Plan.
Ms. Farrell stated that there is some language regarding habitat conservation plans (HCP) in the current Comprehensive Plan and Evaluation and Appraisal Report (EAR), and they have not started those programs due to staffing levels.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COMMUNITY SERVICES
Commr. Cadwell stated that, in regards to the history of the library system, for years he perceived, on the city side, the unfair partnership that the County had with the cities, and now with the building of the libraries in the unincorporated area, the Board has shown a commitment to a total system. The interlocal agreement being presented today presents a formula that is fair, in terms of reimbursement to the cities, but it is about $130,000 short in terms of the budget.
Ms. Wendy Breeden, Library Services Director, addressed the Board and stated that the current interlocal agreements expire September 30, 2001 and they need to have new ones in place to maintain their good standing with the State Library, so that they will continue to receive their State Aid funds. The current funding formula involves the libraries receiving a base amount of $25,000 and then they receive a $13 reimbursement for any registered patron which is outside their city limits. The Library Board had a ad hoc committee that looked at reimbursement, and the one before the Board today is the one that everyone felt was most equitable. She explained that each of the libraries would receive a reduced base grant of $18,500, and as an incentive, they would each receive ten percent of their audited expenditures from the previous fiscal year. Also, to try to get away from having everything depend on the number of patrons, they also included some incentive for circulation, where they would reimburse at 20 cents per item circulated at those libraries. All numbers are verifiable either through audits or through the automation system. None of the libraries under this new funding formula would receive less than they are this year. Ms. Breeden noted that the Umatilla Public Library would receive less under the new funding formula than if they kept the old funding formula for the next fiscal year, but they also feel that it is more equitable and are supporting it as well. She noted that there are really no other substantive changes in the interlocal agreement except that they added one section to bring the Reciprocal Borrowing agreements forward with the interlocal agreements.
Commr. Hill stated that she got an e-mail from Cooper Memorial Library requesting extra funding, because of health benefits they are not receiving. She stated that, because they are not for profit, they would have to go and ask for their own health benefits.
Ms. Breeden stated that she did not believe the employees would be eligible through the city, but the President of the Cooper Memorial Library is here today. She noted that the health benefit issue is not a part of the interlocal agreement.
Commr. Hill stated that, as far as the patron issue, she felt that the County was splitting the monies correctly, because they were doing it according to patron.
Ms. Breeden explained that one of the problems with the per patron was that it was only the patrons in the unincorporated area. In the new funding formula, it will be every patron. The original agreement was drafted by the County and negotiated with the cities.
Commr. Hill stated that, if the Board raises this well over $160,000 it would take away from the County's existing six libraries that they are putting in place.
Commr. Cadwell explained that the libraries all belong to the Board, because they are all partners, and the Board has neglected the cities up until the last couple of years, and he would not have any problem if they do something less for the new libraries in the unincorporated area, so that they can act on this request today and get their partners, who have been there when they had no library services, to stay with them and keep providing services.
Commr. Pool stated that, while the County has participated and helped with the libraries, there would not have been a countywide system without the cities and, even though everyone was in agreement with the original structured agreement, things do change.
Commr. Cadwell stated that he did not believe that the cities thought it was fair, but they understand that the change will benefit them to some extent to be a member library.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that, if the Board chooses to fund this at the higher level, staff will find the $160,000 in the General Fund budget, but he was not certain that it will all come from the existing libraries. He noted that, if the Board says that they want to increase the funding to the municipalities by $160,000 staff will get it in the budget. He stated that, in September the Board is going to have to make a decision on the millage or what gets cut in the budget, but if this is in there, either the millage will stay higher, or the Board will have to cut somewhere else, and staff will make those recommendations.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried by a 4-1 vote, the Board approved the agreements with the cities and Cooper Memorial Library Association, Inc. and a reimbursement funding formula and execution of agreements pending execution by affected parties and subject to the County Attorney's approval.
Commr. Hill voted "no".
RECESS & REASSEMBLY
At 12:45 p.m., Commr. Hanson announced that the Board would recess for lunch and reconvene at 1:30 p.m.
COMMISSIONERS
Commr. Hanson noted that Commr. Cadwell would not be present for the afternoon session of the meeting.
PRESENTATION -
LAKE GRIFFIN BASIN STORMWATER PROJECT
BY BCI ENGINEERS & SCIENTISTS, INC. AND
THE LAKE COUNTY DEPARTMENT OF PUBLIC WORKS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board and stated that the Board has a handout that was put together by Mr. David Jansen, Engineer with Public Works. Mr. Stivender stated that there are a lot of employees in his office that have worked on stormwater the last two years, and the County now has BCI Engineers & Scientists, Inc. working with them, and Mr. Walter Rigner and Tim Kelly will be giving a presentation today about not only Lake Griffin, but stormwater and how the County is proceeding with this process. He stated that, during the Comprehensive Plan process, there was a stormwater management needs assessment prepared in 1990, and the cost was $116 million. A couple of years later, staff started looking at the plan, along with the Water Authority and others, and found that there were a lot of things that were assumed and put together in that plan that really needed to be addressed more directly to the areas of need. In 1997, staff brought in a system to rank all of the basins (252 of them) in the County. He addressed the backup material summarizing the past, recent, current and future directions of the Lake County Stormwater Program and noted that, in 1997, a group comprised of staff from Lake County Department of Public Works and Growth Management, Lake County Water Authority (LCWA) and the St. Johns River Water Management District (SJRWMD) developed criteria for the prioritization of the basins within Lake County. The criteria was presented to the Board and, at the direction of the Board, were amended to address drainage problems, flooding potential, pollution potential, receiving waterbody, natural wildlife, and population. Based on the developed criteria, Lake Griffin ranked the highest in those areas. After this step, staff had to determine how to implement this process. During the last two years, the County has entered into two agreements using the stormwater funds that have been available to the County and have worked with Lake Apopka and Johns Lake Basin, and the share is smaller than the share in Orange County, but they were able to spend about $65,000 to $70,000 in getting those studies. He noted that staff has not received the Johns Lake study back yet, but the County piggybacked on their plan and proportionally did the acreage and determined the costs. Staff came forward earlier this year and the Board authorized them to spend about $295,000 on five locations throughout the County, and they are in the process of designing each one of those and getting those out to bid.
Mr. Rigner, Executive Vice President, BCI, addressed the Board and stated he would be reviewing the following issues during the presentation:
Agenda
Common Types of Pollutants
Source of Nutrients to Lake Griffin
Why Focus On Stormwater Quality?
Mr. Kelly addressed the Board to discuss NPDES Phase II Stormwater Regulations and noted that the Board has before them a list of common abbreviations. At this time, he provided further information pertaining to the background history of the stormwater regulations, which started in 1972 with the Clean Water Act; 1990 - Phase I regulations published; and December 1999 - Final Phase II regulations. He continued his presentation with information regarding the following:
Why Regulate Municipal Separate Storm Sewer Systems (MS4s)?
Census 2000
Permit Delegation
NPDES Phase II: Important Dates
Stormwater Management Plan
Minimum Control Measures (MCM)
Partial Listing of Typical NPDES Program Implementation Elements
Public Education Examples (MCM #1)
Public Education Examples (MCM #2)
Illicit Discharge Detection/Elimination (MCM #3)
Construction Site Runoff (MCM #4)
Structural BMPs (MCM #5)
Non-structural BMPs (MCM #5)
Pollution Prevention Examples (MCM #6)
Minimum Control Measures Effectiveness
Annual NPDES Program Administrative Costs
Re-Evaluate the Phase II Rule
Mr. Rigner stated that he would be discussing Total Maximum Daily Load (TMDL), which is a number that is developed that establishes the maximum amount of pollutant that any waterbody can withstand without causing a degradation of water quality standards or impairing the intended use of that waterbody. The General Equation was noted in the handout material, as well as the Typical Trends In Receiving Water Quality. Mr. Rigner stated that the foundation of the TMDL program is the 305(b) Report, a nationwide water quality inventory, which is updated every two years and defines which water bodies are impaired. The 305(b) list was used to create the 303(d) list, which is the TMDL list, formerly known as the SWIM priority list. The TMDL list is going to be updated every four years and there is a mechanism to remove or add waterbodies to that list at any point in time based on monitoring data.
Mr. Rigner stated that the majority of waterbodies in Lake County are included on the 303(d) list as high priority (Group 1), which means that they are going to be the first ones targeted for TMDL development. At this time, he reviewed the TMDL process and the TMDL implementation noting that the basin management cycle is set up in five phases. It is basically a nine year cycle to complete all waterbodies statewide that are currently on the 303(d) list, as noted in the schedule on Page 12 of the handout material. He pointed out that the load allocation is first done on a very course basis by looking at the major contributors, with the goal being to level the playing field between the point and non-point sources. Mr. Rigner explained that Lake County is already involved in the process, and he explained how TMDLs are achieved and typical costs for BMP implementation. He noted that there is the question of why the County should participate, with Mr. Rigner noting that negligent violations, criminal violations, as well as civil penalties include fines.
Mr. Rigner addressed the Lake Griffin Basin Stormwater Project and stated that the County several years ago prioritized all of the waterbodies in the County, and he stated that concerns were determined for Lake Griffin, as follow:
Countywide Watershed Ranking (Top 5)
Lake Griffin Concerns
(Potential health issues)
(Recreation, aesthetics, etc.)
Mr. Rigner stated that the Lake Griffin Basin Stormwater Project was divided into three phases, Phase I - needs evaluation; Phase II - design & permitting; and Phase III - project implementation.
Mr. Kelly explained that there were many stakeholder meetings held with all of the municipalities and the Florida Department of Transportation (FDOT) to discuss stormwater management, and the City of Leesburg and FDOT seemed to standout as the most probable partnering entities, as far as making preferential use of funds and working projects together amongst the County and these entities, to get the most for the dollars spent. He reviewed Phase 1, Tasks 1-3 noting information provided on maps marked as Exhibit 1, Lake Griffin Basin, Municipalities; Exhibit 2, Lake Griffin Basin, Priority Sub-basins (Unincorporated Lake County); Exhibit 2a, Lake Griffin Basin, Priority Sub-basins; and Exhibit 3, Lake Griffin Basin, Top 5 Priority Sub-basins, and further noting that there is the opportunity for grants, which can be used to obtain other grants to build funds for a given project. Mr. Kelly reviewed the basin ranking criteria, the priority basins within Lake County, and the project selection criteria.
Mr. Rigner discussed the Carver Heights Project Site Plan in the City of Leesburg and stated that it is about a 500 acre watershed comprised mostly of low density residential, and there is some commercial land use in the basin. About three years ago, the City selected BCI to do the design and permitting on the number one priority, the Carver Heights facility. He explained how the funding came together for the City of Leesburg, as noted on Page 19 of the handout material.
Commr. Pool stated that he is concerned that, as the lakes are coming to the point where they need water, and because people are saying that the County is robbing the lake of its water needs, he needs to have an answer here today that they are not trying to destroy the lakes by the clean up process.
Mr. Rigner explained that the whole idea of a dry retention system is to percolate the water into the ground, and then there is the wet system, which they did for Carver Heights. These ponds are permanently wet, and with the wet system, you are slowing it down, but you are not removing it from the system completely, you are just allowing time for it to be treated before it discharges to the lake, with very little change in volume.
Commr. Pool stated that the City of Clermont has implemented primarily the dry systems, and on the south side of Lake Minneola, they have a major retention area. He explained that, as the drought continues, people worry that, as the Board implements these stormwater plans, they are in theory depriving the lakes of some natural rainwater. He stated that they all want to clean up Lake Griffin and this is something that they are going to try and accomplish but, as they throw money at the problem today, he questioned whether there are other lakes that are teetering on a balance point that they could go the other way without some intervention, and he questioned at what point are they going to be able to help Lake Griffin.
Mr. Rigner explained that this is the reason for the TMDL program, which will define what needs to be done and, as part of the basin management plan, they are going to define how much of reduction there needs to be in load and what the projection is for satisfying that TMDL. He further explained that, if the phosphorous load to Lake Griffin can be reduced, it will begin to reverse.
Mr. Stivender noted that one of the maps identifies the older subdivisions, which played a key role in their discussions, and BCI and staff worked really good together putting the presentation together to try and get some of the points across that staff felt were historically significant and noted the older subdivisions direct discharges. He stated that they may not clean up the lake, but they are going to do their part in addressing these old subdivisions and look at retrofitting those and treat that water before it goes to the lake, so that what does get to the lake is a much better quality than what they see today.
Commr. Pool stated that, in Clermont, if you build a new facility and have stormwater, there is a fee involved in the city, and they charge a lower fee for those that are taken care of or retrofit their own systems, and he questioned whether this would be something that Lake County might want to consider, to retrofit and have some fee structure involved as they go forward.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that staff examined a stormwater utility fee in the past, but the County does not have the methods to collect it like the municipalities, because the County does not have water and sewer service. He stated that the County would be limited with special assessments to do it, and at the time, they thought that the cost of doing the special assessments would consume a significant portion of the fee.
Mr. Stivender stated that the County is looking for partners, with one of the partners being the development itself. He stated that the Board can find in their budget books the information relating to the proposed stormwater program schedule, as outlined on Page 5 of his backup material. He noted that staff would like to know if they are proceeding in the right direction for the Lake Griffin Basin, and they also want to kickoff a technical group for the Lake Minnehaha area in south Lake County and go forward with the same process, and then go to the Eustis area. He stated that the idea is to go from the evaluation basin by basin and then come back and review the retrofit, and it is going to take a few years.
Commr. Pool stated that there is an opportunity here, and the legislators may look favorably upon an increase in the ad valorem ability, if stormwater was a major focus into the scheme of things.
Mr. Mike Perry, Lake County Water Authority, stated that the Water Authority Board is very anxious to continue its partnerships and to build on the partnerships that they have developed over time. They are at the point where the largest line item in their budget has been related to stormwater, and they want to see stormwater projects done. Mr. Perry stated that their Board very much wants to be a solution to the point where they have instructed him to spend more time coming up with projects that can be funded.
Commr. Pool stated that, historically, the Water Authority Board has not made stormwater their major emphasis to focus on over the years, and it has only been the last couple of years that the emphasis has been placed on stormwater. He noted that the key is that the Water Authority is able to charge everybody in the County a fee, and the County can only charge the county residents a fee, so in theory, they are going to pay twice for that one service.
Mr. Perry stated that, in this past legislative session, the Water Authority received $500,000 from the legislature to address stormwater projects, or problems, and they have got to spend the money immediately, and they are anxious to build on the partnerships.
Commr. Hanson stated that, about four years ago, she went to the Water Authority and tried to get them to change their thinking and focus on stormwater, so that they could work together, so she is glad that this has happened.
Commr. Stivender noted that Mr. Marcus Collins was present from the City of Mount Dora and that all of the organizations are working better together now and that is really the only way that they are going to get all of this done.
It was noted that the Board felt staff was moving in the right direction and staff has provided very good information.
Commr. Stivender noted that a lot of this work was done by staff, in order to save money, instead of going out and hiring consultants, which would have been a waste of taxpayers' money.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS (CONTINUED)
GROWTH MANAGEMENT
Ms. Sharon Farrell, Senior Director of Growth Management, addressed the Board to discuss the request for approval to advertise public hearings on text amendments to the Lake County Comprehensive Plan related to the implementation of the Evaluation and Appraisal Report (EAR). The next cycle is September 5, 2001 and September 25, 2001 and staff anticipates coming back to the Board with the Conservation Element, the Recreation and Open Space Element, Sanitary Sewer Element, and Economic Element. Ms. Farrell explained that this was not a required step, but she felt that the Board would appreciate knowing that staff is trying to get this accomplished and bring it back to the Board.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request to advertise public hearings on text amendments to the Lake County Comprehensive Plan related to the implementation of the Evaluation and Appraisal Report (EAR).
Commr. Cadwell was not present for the afternoon session.
GROWTH MANAGEMENT/ORDINANCES
Mr. Allan Hewitt, Director of Water Resources Management, addressed the Board to discuss the request to approve an Ordinance to amend the Lake County Code to include Golf Course Design Requirements. Mr. Hewitt noted that the proposed Ordinance was reviewed by many individuals, as shown on the list, with a major meeting held July 19, 2001. All of them had constructive comments and all of them agreed with it. Mr. Hewitt stated that the Department of Community Affairs (DCA) and the Florida Department of Environmental Protection (FDEP) told him that they are looking to draft a State golf course ordinance, and they have nothing to go by and they may take a draft of this ordinance and use it as a State guideline. He explained that the Ordinance pertains to new golf courses and existing golf courses and either coming up with a nationally certified environmental program acceptable to the County, or developing and implementing a resource management plan to be approved by the County. If you do not accept a nationally certified program, then you must do a detailed environmental resource management plan to give to the County, and this program is for the life of the golf course and must be updated every five years. For existing golf courses, at the time of the CUP renewal, a strategic plan has to be presented to the County and the County needs to be advised when reclaimed water will be available as well as meet all other requirements. He referred to Page 3 of the proposed Ordinance and noted 6.14.03 Environmental Protection Standards For New Development.
Commr. Hanson stated that, if the State does decide to use this particular ordinance as a model, but with changes, she feels it would be important that staff look at the changes, or modifications, and bring them back to the Board for possible improvement to the County ordinance. She commended Mr. Hewitt for the work that he had done in pulling together all aspects of the community. She feels that golf courses are very important to Lake County economically as recharge areas for wildlife, but she feels there is a responsibility that comes with them.
Commr. Pool stated that, if the County is going to have golf courses in the community and, as they are being built, they do not need to be enemies as they have been portrayed to be and, if they are done with environmental insight, then they can be the good neighbor that they want them to be.
Ms. Nadine Foley, Supervisor on the Lake Soil and Water Conservation District, addressed the Board and stated that, while the golf course ordinance was being formed, she was still on the County's Environmental Protection Advisory Board, and they are very happy to see the Ordinance coming to the Board, and they certainly support it. She commended staff on the wonderful work that they did putting it together and stated that it was also a real plus for it to be considered as a State model.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request to advertise the Ordinance to amend the Lake County Code to include Golf Course Design Requirements.
Commr. Cadwell was not present for the afternoon session.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the agreement to purchase land from Herbert J. Williams and Linda A. Williams for right of way in conjunction with 44C/C468 intersection project in the Leesburg area, in the amount of $80,800.00. Mr. Stivender explained that this is about a half acre tract of land at the corner, and it has a 3,000 square foot house on it. He explained that there is a lot of truck traffic at this intersection, and there is a need for a deceleration and a large radius, and the County can use the rest of the lot for retention.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, explained that the County has a signed contract, but the amount being shown is less than the appraised amount.
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of a purchase agreement with Herbert J. Williams and Linda A. Williams for right of way in conjunction with the 44C/C468 intersection project in the Leesburg area, in the amount of $80,800.00.
Commr. Cadwell was not present for the afternoon session.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request pertaining to East Dewey Robbins Road.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and authorization to advertise for bids for #2/3-2729 East Dewey Robbins Road Phase II Paving Project No. 2001-17 at an estimated cost of $378,000.00 from the Sales Tax Fund. Commission District 2/3 - Benefit District 4.
Commr. Cadwell was not present for the afternoon session.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request pertaining to CR-561 "Part" widening and resurfacing project.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for approval and authorization to advertise for bids for CR-561 "Part" Widening and Resurfacing Project No. 2001-16 at an estimated cost of $2,040,000.00 of which $1,370,000.00 will be paid by the Sales Tax Fund. Commission District 2/3 - Benefit District 2.
Commr. Cadwell was not present for the afternoon session.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Senior Director of Public Works, addressed the Board to discuss the request pertaining to CR-437 (North) widening and resurfacing project.
The request was in Commr. Hanson's district, and she had no problem with it.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for approval and authorization to advertise for bids for CR-437 (North) Widening and Resurfacing Project No. 2001-18 at an estimated cost of $480,000.00 from the Sales Tax Fund. Commission District 4 - Benefit District 2.
Commr. Cadwell was not present for the afternoon session.
Mr. Stivender noted that the last three requests pertaining to road projects will be coming back to the Board on October 1, 2001 for the Board to award the bids.
REPORTS - COUNTY ATTORNEY
CONTRACTS, LEASES & AGREEMENTS/JAILS
Ms. Valerie Fuchs, Assistant County Attorney, addressed the Board to discuss the request for approval of Addendum Number 1 to the Agreement with Orange County for the housing of inmates in the Prelude facility. She noted that the agreement would be for an additional year from July 1, 2001 to June 30, 2002, with the same terms that currently exist.
Commr. Pool made a motion, which was seconded by Commr. Stivender, to approve Addendum Number 1 to the Agreement with Orange County, as noted.
Under discussion, Commr. Hanson stated that the amount of income received from Orange County is about $1.3 million.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, explained that this year they had to add a small amount of staff, but the County is still doing very well.
Commr. Hanson called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Commr. Cadwell was not present for the afternoon session.
MEETINGS/SUITS AFFECTING THE COUNTY
Ms. Valerie Fuchs, Assistant County Attorney, stated that staff would like to schedule a closed session with the Board to discuss pending litigation matters, on August 21, 2001.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for a closed session, as noted.
Commr. Cadwell was not present for the afternoon session.
REPORTS - COUNTY MANAGER
MEETINGS/WATER AUTHORITY
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that he had received a letter from Mr. Mike Perry, Director of the Water Authority, requesting two things, and he will be scheduling the first item in the normal course of Board agendas, but the second thing that he is bringing to the Board is a request for a joint meeting between the County Commission and the Board of Trustees of the Water Authority. He had suggested that the meeting be held on one of the Board workshop days, but he would like to get Board direction.
Commr. Hanson stated that she felt that the Board should definitely have a joint meeting, and she has met with Mr. Perry on that issue and on having a Water Conservation Summit.
Mr. Minkoff stated that he would take direction from the Board and schedule a joint meeting with the Board and Water Authority. He noted that it would probably be October or November before this item can be scheduled.
MUNICIPALITIES/SIGNS/TAXES
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that he met with the city managers and they are very interested in getting signs up which show those projects that were paid for by sales tax particularly through the County grant, as well as their own. He stated that Mr. Jim Stivender, Senior Director of Public Works, has worked out a cost, and he feels that the County can provide the signs for less than $16,000. He would like to get Board approval to spend up to that amount to provide those signs.
Commr. Stivender made a motion, which was seconded by Commr. Pool, to approve for staff to spend up to $16,000 on sales tax signs, to be provided to the municipalities.
Under discussion, Mr. Stivender described the type of signs that will be made and noted that it will be 30 days before the decals come in. He stated that their goal is to have them all completed by Labor Day, and staff will put them up, or staff has offered to put them up with the city, or have the city pick them up. He noted that a decal costs about $40, so that is the additional cost per sign. Staff is ordering about 100 decals even though they have only had requests for about 40 signs, but they expect that to expand rather quickly.
Commr. Hanson called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Commr. Cadwell was not present for the afternoon session.
MEETINGS/EMS/SHERIFF/9-11
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that he has set up a meeting with Emergency Medical Services (EMS), the Sheriff, and the 9-11 group, to look at the dispatching and to re-look at the use of the building that has been discussed for this operation, and he may be bringing back additional information on this issue.
BUDGETS/MISCELLANEOUS
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that, with the next agenda book, or the one after that, staff is going to try copying on both sides of the page in an effort to save paper and be more environmental friendly.
BUDGETS
Mr. Sandy Minkoff, County Attorney/Interim County Manager, noted that staff will continue to work on the budget, and they will try to have an update for the Board members before they get to the September hearing.
COUNTY ATTORNEY
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that they will be getting his evaluation, as County Attorney, either today or tomorrow, and it will probably be scheduled for the first meeting in September.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
COMMITTEES/MEETINGS/TAXES
Commr. Stivender informed the Board that there will be a Steering Committee meeting for the one cent sales tax next Tuesday at 4 p.m. in the Board meeting room, and they have invited the people who have shown an interest in the issue. She noted that there will be an ad in the paper about the meeting.
REPORTS - COMMISSIONER HANSON - CHAIRMAN AND DISTRICT #4
RESOLUTIONS
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2001-136 proclaiming the week of August 27 through September 2, 2001 as Lake County Fire Fighters Appreciation Week.
Commr. Cadwell was not present for the afternoon session.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 2:58 p.m.
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/8-7-01/8-17-01