The Lake County Board of County Commissioners met in regular session on Tuesday, September 4, 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: Robert A. Pool, Vice Chairman; Debbie Stivender; Jennifer Hill; and Welton G. Cadwell. Commr. Catherine C. Hanson, Chairman, was not present at this meeting, due to the fact that she was out of the country on vacation. Others present were: Sanford (Sandy) Minkoff, County Attorney/Interim County Manager; Valerie Fuchs, Assistant County Attorney; Barbara Lehman, Chief Deputy Clerk, County Finance; Wendy Taylor, Executive Office Manager, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.
The Vice Chairman, Commr. Pool, opened the meeting.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that he had an item from Public Works regarding flood notices that he would like to have placed on the Agenda and that there was an Addendum No. 1 to the Agenda.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved to place said item on the Agenda.
Commr. Hanson was not present at this meeting.
MINUTES
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved the Minutes of July 19, 2001 (Special Meeting - District), as presented.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the Minutes of August 6, 2001 (Regular Meeting), as presented.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of August 7, 2001 (Regular Meeting), as presented.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of August 14, 2001 (Regular Meeting), as presented.
Commr. Hanson was not present at this meeting.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Accounts Allowed/Clerk
Request for approval of engagement letters for calculation of arbitrage rebate on the following debt, subject to County Attorney approval:
$10,000,000 Solid Waste Draw Number 7
$ 3,000,000 Solid Waste Draw Number 8
$69,615,000 Resource Recovery Bonds
$ 4,400,000 Sales Tax Revenue Bonds (Pari-Mutuel Revenues Replacement Program)
Bonds - Contractor
Request for approval of Contractor Bonds - New and Cancellations, as follows:
NEW
5580-01 Donald Meyer and Leon Michaux d/b/a D. G. Meyer, Inc.
5854-01 Eagle Electrical Systems, Inc.
CANCELLATIONS
1273-01 Pat's Electric, Inc.
5705-01 O'Cull Electric, Inc.
Clerk
Request for approval of Amendment to Acceptance of Credit Cards Policy.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending July 31, 2001, in the amount of $176,293.10. Same period, last year: $156,234.77.
Accounts Allowed/Reports
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Stivender requested that Tab 8, a request from Facilities and Capital Improvements for approval to purchase 9.87 acres of property formally known as the Gateway Elementary School and associated facilities and improvements located on the property, in the purchase amount of $1,025,000.00,be pulled from the Consent Agenda and discussed separately, as well as Tab 11, a request from Geographic Information Systems for approval of an Interlocal Agreement with the Lake County Property Appraiser for the Participation, Use, and Maintenance of the Geographic Information System, in the amount of $35,000.00.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved the following requests:
Communications Systems/Contracts, Leases and Agreements
Request from Communications Systems for approval to advertise for a public hearing to discuss the quality of service for Galaxy Cable and Time Warner, for the purpose of negotiating a renewal of the franchises with these companies.
Community Services/Resolutions
Request from Community Services for approval to repeal Resolution Nos. 1996-174 and 1998-126; and approval to adopt Resolution No. 2001-157, providing for the Local Law Enforcement Advisory Board and for Board membership and procedures.
Community Services/Reports/State Agencies
Request from Community Services for approval and signature on the Certificate for the Annual Report for Affordable Housing Program for Fiscal Years 1998/1999, 1999/2000, and 2000/2001, which is due to the Florida Housing Finance Corporation by September 15, 2001.
Community Services/Education
Request from Community Services for approval to transfer/donate six (6) vision testing/screening machines and nine (9) hearing testing/screening machines to Lake County Public Schools from the Lake County Public Health Department.
Emergency Services/Resolutions
Request from Emergency Services for approval and signature on Proclamation No. 2001-158, declaring October 7-13 as Fire Prevention Week 2001, by the Board of County Commissioners.
Fiscal and Administrative Services - Assessments/Resolutions/Subdivisions
Request from Fiscal and Administrative Services - Assessments for approval and authorization for the Chairman to sign the following Resolutions:
Resolution No. 2001-159, providing for certification of the assessment roll for the Greater Hills Municipal Service Benefit Unit; providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.
Resolution No. 2001-166, providing for certification of the assessment roll for the Greater Groves Municipal Service Benefit Unit (MSBU); providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.
Resolution No. 2001-167, providing for certification of the assessment roll for the Greater Pines Subdivision; providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.
Resolution No. 2001-168, providing for certification of the assessment roll for the Valencia Terrace Subdivision; providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.
Resolution No. 2001-169, providing for certification of the assessment roll for the Village Green Subdivision; providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.
Accounts Allowed/Fiscal and Administrative Services - Budget/Impact Fees
Request from Fiscal and Administrative Services - Budget for approval of an Impact Fee Refund request for Charlie Johnson Builders, Inc., in the amount of $2,575.00, due to the fact that the low-income waiver was applied for and approved after building permit was issued.
Accounts Allowed/Fiscal and Administrative Services - Risk Management
Request from Fiscal and Administrative Services - Risk Management for approval to renew the County's Special Risk Accidental Death Policy, in the amount of $7,909.00, pending the County Attorney's review and approval.
Accounts Allowed/Fiscal and Administrative Services - Risk Management
Contracts, Leases and Agreements
Request from Fiscal and Administrative Services - Risk Management for approval to renew the contract with Ernst & Young, to provide actuarial services for liability reserves, in the amount of $8,500.00, subject to County Attorney approval.
Accounts Allowed/Budgets/Public Works
Request from Public Works for approval and signatures on the Certified Budget for Arthropod Control for FY 2000/2001 Mid-Year Adjustment, in the amount of $34,328.00.
Accounts Allowed/Budgets/Public Works
Request from Public Works for approval and signatures on the Tentative Certified Budget for Arthropod Control for FY 2001/2002, in the amount of $34,328.00.
Deeds/Public Works
Request from Public Works for approval to accept the following deeds:
Special Warranty Deed
First Baptist Church of Leesburg, Inc., a Florida corporation
44C/C 468
Statutory Quitclaim Deeds
Lyle and Mabel Scott
North West Avenue
Dorothy Mae Cross
North West Avenue and North West Court
Statutory Warranty Deeds.
Raymond W. Graves, et al
44C/C 468
Gloria Austin
C 25/Marion County Road (1-8010)
Charles M. Farrell
C 25/Oak Street
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval to advertise for bids for Marion County Road (5-8010) Paving Project No. 2002-01, at an estimated cost of $907,500.00, from the Impact Fee Fund. Commission District 5 - Benefit District 3.
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval to award Guardrail Installation on CR 448, Log House Road (2-0835), and S. Buckhill Road (2-2439) Project No. 2001-15, Bid No. 01-097, to Gray Materials and Contracting; and to encumber and expend funds, in the amount of $43,570.00, from the Transportation Trust Fund. Commissioner Districts 2 and 3.
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval to advertise for bids for Hook Street (2-1346) Phase 1 Construction Project No. 2002-02, at an estimated cost of $1,307,565.00, from the Impact Fee Fund. Commission District 2 - Benefit District 5.
Accounts Allowed/Bids/Public Works/Roads-County and State/Road Projects
Request from Public Works for approval to advertise for bids for CR 25 Widening and Resurfacing Project No. 2002-03, at an estimated cost of $1,010,000.00, from the Impact Fee Fund. Commission District 5 - Benefit District 3.
Accounts Allowed/Contracts, Leases and Agreements/Public Works/Road Projects
Roads-County and State/Resolutions/State Agencies
Request from Public Works for approval of the Florida Department of Transportation Local Agency Program (LAP) Agreement for the CR 561 Paved Shoulders Project; and supporting Resolution No. 2001-160, from the Lake County Board of County Commissioners, in the amount of $670,000.00.
Public Works/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Stonewall Subdivision. Subdivision consists of four lots - Commission District 4.
Accounts Allowed/Bonds/Public Works/Subdivisions
Request from Public Works for approval and authorization to release a Maintenance Bond, in the amount of $17,813.00, for Greater Groves Phases 7 and 8 Subdivision. Subdivision consists of 40 lots - Commission District 2.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA (CONT'D.)
Accounts Allowed/Community Services/Contracts, Leases and Agreements
Request from Community Services for approval of Addendum to Agreement between Lake County and SPRINT-FLORIDA for Metropolitan Area Network (MAN T-1) Connection/Service at Triangle Industrial Park, Tavares, FL, in the amount of $1,800.00, for FY 2000/2001, and $4,800.00 for FY 2001/2002.
Commr. Hanson was not present at this meeting.
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PERSONAL APPEARANCES
Commr. Pool, Vice Chairman, presented Employee Awards and Boards/Committees Plaques and Certificates, as follows:
EMPLOYEE AWARDS
Awards to Employees with Five Years of Service to the County
Kathy Jo Lawson, Senior Customer Service Representative, Solid Waste/Support Services
David J. Hansen, Engineer II, Public Works/Engineering
BOARDS/COMMITTEES PRESENTATIONS
PRESENTATION OF PLAQUE
Comprehensive Health Care Committee
Dr. Alan Hays, for service from 1996-2001
PRESENTATION OF CERTIFICATES
Bicycle/Pedestrian Advisory Committee
Nathan Olds, for service from 2000-2001
Board of Adjustments
Raymond Freisinger, for service from 2000-2001 (Not Present)
Citizens' Commission for Children
Katherine Cook, for service from 2000-2001 (Not Present)
Environmental Protection Advisory Board
Bernie Yokel, for service from 1997-2001
PERSONAL APPEARANCES/PRESENTATIONS/PUBLIC HEARINGS
PERSONAL APPEARANCES
The following three Lake County Firefighters, who were recently promoted to Lieutenant, were recognized and presented with their Lieutenant badges and fireman's hat:
Mr. Mike Cordle - Station 81
Mr. Charles Blinco - Station 51
Mr. Christopher Croughwell - Station 31
2001 NACo ACHIEVEMENT AWARD
Commr. Pool, Vice Chairman, presented Mr. Dale Greiner, Building Services Division, Growth Management Department, with the 2001 NACo Achievement Award for the program entitled, "Fax-Back Verification", representing Ms. Sharon Farrell, Senior Director, Growth Management and the entire Building Services staff, noting that it is one of five NACo awards that the Growth Management Department has received in the last four years. He stated that the program enables an applicant ,or permit holder, to access the status of a permit, inspection, or plan review and the value of a permit. He stated that said information is faxed to the customer, which takes only a matter of minutes by touch tone phone. He stated that, since the program has been in effect, over 1,100 faxes have been sent, which equates to increased productivity and better customer service. He stated that they are to be commended for their excellent effort in this matter.
REPORTS
COUNTY MANAGER
ACCOUNTS ALLOWED/MISCELLANEOUS
Commr. Cadwell informed the Board that he asked that this request be heard at this time, noting that it was a request from the East Central Florida Regional Planning Council to coordinate an initiative in the four corners area, to treat the entire area as a single functional community, even though it involves four counties. He stated that the main thing the Council will be looking at is how the four counties can cooperate with each other, with regard to public service needs.
Commr. Pool interjected that said area is now called Citrus Ridge and that the counties involved are Orange, Osceola, Polk, and Lake, who are combining their resources and efforts to come up with a plan to better develop the area and make sure that there are no duplication of services.
Commr. Hill questioned how much funding the County already contributes to the East Central Florida Regional Planning Council.
Ms. Sharon Farrell, Senior Director, Growth Management, addressed the Board stating that it is approximately $48,000.00.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried, by a 3-1 vote, the Board approved a request from the County Manager for Technical Assistance Funding for the Four Corners Initiative, in the amount of $12,500.00.
Commr. Hill voted "No".
Commr. Hanson was not present at this meeting.
PUBLIC HEARING
FIRE RESCUE ASSESSMENT ANNUAL RATE RESOLUTION
Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, addressed the Board and explained this request, stating that it was a request to approve and authorize the execution of a resolution imposing a fire rescue assessment, establishing the rate of the assessment, approving the assessment roll, and providing an effective date. She thanked staff for working extraordinarily hard in bringing this resolution about. She stated that two years ago staff came to the Board and requested a full integrated software solution for all the assessment programs that are now in place, which they are very proud of. She thanked Mr. Jeff Cooper, Ms. Julia Wilson, Ms. Carol Boyle and all the Solid Waste staff who brought this matter to fruition.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that the increased revenue that the Resolution will raise has led to the opening of the fire station in Fruitland Park, which will occur this month, and will, hopefully, lead to the opening of the fire station in Four Corners, with three full time personnel on duty. He noted that a volunteer fire station will be opening this month in Bay Lake, as well.
The Vice Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2001-161, imposing a fire rescue assessment, establishing the rate of the assessment, approving the assessment roll, and providing an effective date.
Commr. Hanson was not present at this meeting.
PUBLIC HEARING
PICCIOLA ISLAND SUBDIVISION NON-AD VALOREM RATE SCHEDULE AND NON-AD VALOREM ASSESSMENT ROLE RESOLUTION
Ms. Sarah LaMarche, Senior Director, Fiscal and Administrative Services, addressed the Board and explained this request, stating that it was a request for approval of a Resolution to bring the Picciola Island Subdivision Municipal Services Benefit Unit (MSBU) in line with the scheduling for all the other MSBUs that the County has, so that they can all be adopted at the same time.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that this request pertained to a street lighting assessment that was brought to the County's attention by the residents of Picciola Island Subdivision.
The Vice Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2001-162, adopting the Picciola Island Subdivision Non-Ad Valorem Rate Schedule and Non-Ad Valorem Assessment Roll. Commr. Hanson was not present at this meeting.
PUBLIC HEARING
FINAL ASSESSMENT RESOLUTION FOR SOLID WASTE COLLECTION AND DISPOSAL
Mr. Bill Gilley, Senior Director, Solid Waste, addressed the Board and explained this request, stating that it involved the culmination of a series of steps that the County took through December, when staff initially discussed the possibility of pursuing universal collection, in order to simplify and create a fair and equitable solid waste program that was being developed in the County at that time. He stated that staff held a series of worksessions in February and March of this year and, on May 15, 2001, the Board approved Ordinance No. 2001-77, amending Chapter 21, which allowed for universal collection. He stated that, since that time, staff has been meeting with the haulers, trying to compile routes and schedules. He stated that they tried to decide which mobile home parks would get assessed as residential and which ones would get assessed as commercial and determined that, if one owns a residential lot, they would be considered residential. He stated that the County has a bond payment of $650,000.00 per month that has to be paid, whether there are 150,000 residents or 210,000 residents in the County, and they have garbage trucks that continue to run the routes, whether the winter residents are in town or not. He stated that they are trying to develop a fair and equitable solid waste system, as well as an effective and efficient one. He stated that they have come up with the proposed rate of $195.00 per year for residential units, which he noted represents a decrease in garbage bills for approximately 70% of the people in the County. He stated that last year the cost was $204.00 for collection and disposal, as represented on the tax bills. He stated that the County has been working with individual communities and mobile home parks trying to accommodate their special needs and expanding their programs to include separate yard waste and recycling services as part of their garbage service.
Commr. Pool stated that residents have stated they did not want the solid waste collection and disposal fee to be reflected on their tax bills, because it bumped their house payments up. He stated that some have indicated they would like to pay the fee in advance and questioned whether that would be possible.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, stated that there is no way to separate the solid waste assessment from the rest of the taxes. He stated that people who do not have their lenders pay their taxes can prepay them in quarterly installments, by registering with the Tax Collector, so that they do not have to pay the whole bill in November, or March.
Mr. Gilley stated that, by working with the Community Services Department, the County now has a Hardship Assistance Program in place that allows for qualifying individuals to have their fire and solid waste assessments paid for separately, where it does not cost them anything. He stated that there is also a provision where the cost of medicine will be subtracted from one's tax bill, if one has medical needs on a recurring basis.
The Vice Chairman opened the public hearing.
Mr. Harry "Bud" Kapp, President of the Hawthorne Homeowners Association, in Leesburg, addressed the Board stating that he was present to address the 19% increase in garbage collection fees. He stated that the residents of Hawthorne feel that a one size fits all fee for garbage collection in Lake County should not be imposed in their community. He reminded the Board that Hawthorne is a retirement community, comprised of 1,150 homes, with the age of the average homeowner being 75 years old, many of whom live alone and have little garbage. He stated that the residents of Hawthorne do not put their garbage out the same way that other communities do. He stated that a huge majority of the residents are on a fixed income and feel that the increase being considered should not be passed on to them. He asked for the Board's consideration in this matter.
Mr. Don Dewey, a resident of Pennbrooke Fairways, in Leesburg, addressed the Board stating that the residents of his community are accustomed to their present garbage collection schedule, which is one recycling and two household garbage pickups per week. He stated that they are not allowed to put garbage cans at the end of their driveways the way that many people do, they have to keep them in their garages until collection day, which can present a problem with odors. He stated that their community currently consists of 750 homes, however, noted that it plans to expand to 1,200 homes. He questioned how cost effective it would be for the County to pick up yard waste, noting that the County would be lucky to find 2% of the homes in his development having something to pick up. He suggested that a pilot program be implemented to see if there is enough yard waste generated to make such a pickup worthwhile. He stated that he did not think the volume would be there to do it.
Mr. Carol Brokish, Vice President, Brittany Estates Homeowners Association, in Leesburg, addressed the Board stating that his development has its own twice per week garbage pickup, which is taken to a dumpster in the development and then hauled away by a private hauler. He stated that they were concerned about whether to continue to dispose of their garbage as they have done in the past, or whether garbage trucks will be picking up garbage throughout the development, which he noted the residents would not be in favor of. He stated that his development contains approximately 200 units and questioned whether they would be receiving compensation for their maintenance men collecting the garbage, or whether they will have to pay the proposed $195.00 fee, yet continue to do the work.
Ms. Norma Miller, a resident of Fruitland Park, addressed the Board stating that she was against the proposed changes, to have the garbage picked up once per week, due to health issues, noting that garbage sitting in the heat is very odorous and very conducive to germ growing diseases, as well as prowling animals. She stated that she was also against it, because of the costs to the residents, which she elaborated on, noting that the once per week pickup only saves the residents $18.00. She stated that the inconvenience of paying only once per year is reprehensible. She stated that she was concerned about those individuals on a fixed income, noting that their dollars do not stretch that far anyway and the proposed plan will only make their dollars less valuable. She stated that to give residents half the service for almost the same amount of money is poor management. She stated that she felt the fee should be reduced to $108.50 per year, which would be fair and equitable to all.
Mr. Dan Gordon, General Manager, Hawthorne at Leesburg, addressed the Board stating that they are opposed to the proposed plan for a number of reasons. He stated that they do not like the one size fits all system, which calls for a once per week garbage, yard waste, and recycling pickup for all the citizens of the County, regardless of needs and requirements. He stated that the residents of Hawthorne are convinced that a once per week pickup will not work for them, because they are probably the only community in the County that has an in ground garbage receptacle at each home site. He stated that the containers are located at the curbside and only have a 25 gallon capacity; therefore, if the County went to the once per week pickup, it would not work for some of the residents. He stated that it may be fine for those residents who live alone and only have a small amount of garbage, but, for the majority of the residents, it will not work. He stated that the residents of Hawthorne like their system, because one does not see garbage cans sitting in carports, or behind houses, and it is convenient, because they do not have large containers that must be taken to and from the curbside on collection days. He stated that they also do not have to worry about wildlife tipping over the garbage cans and scattering the garbage on the yards, or in the streets.
Mr. Gordon stated that, if the proposed plan were approved, it would cost Hawthorne over $200,000.00 to install new garbage receptacles at each home site, which would be unreasonable and exorbitant for the residents to bear, just to conform to a new plan. He stated that the residents would be paying more money for less service, noting that, under the proposed plan, Hawthorne would no longer negotiate with the haulers and each resident would pay an annual lump sum of $195.00. He stated that, currently, Hawthorn pays collectively $192,000.00 per year for garbage and recycling service, which includes fees paid directly to the franchise hauler, as well as the incinerator charge on the tax bill. He stated that, under the new plan, Hawthorne will pay approximately $228,000.00 per year, an increase of $36,000.00, or approximately 19%. He asked the Board to not muddy the waters, by including hauling fees for garbage and recycling in a community like Hawthorne, noting that they are handling it just fine. He stated that it will do nothing but create unnecessary cost increases to the residents of Hawthorne. He stated that their current system works well and they hope the County will leave it as it is.
Mr. John Graves, a resident of Eustis, addressed the Board stating that he lives approximately one mile off of CR 439 and that all he currently pays is the incinerator fee, noting that he takes his garbage to a transfer station that is located approximately six miles from his home. He stated that it would be an inconvenience for him to take his garbage the one mile to the end of his road and that he does not like the idea of leaving it out on the street over night, because of the possibility of animals getting into it. He stated that, if the County needs more money for the incinerator, they should increase the incinerator fee, not make residents pay for garbage collection that they cannot use.
Mr. Leonard Baton, a resident of Paisley, addressed the Board stating that there are approximately 20 houses in his neighborhood and that the streets in the neighborhood are dirt, which he and the other residents maintain. He stated that, since the County does not maintain their streets, he did not know why the Board was telling them that they would have garbage trucks going up and down their streets tearing them up, whether they wanted them to or not.
Mr. Joseph Hattan, a resident of Clermont, addressed the Board stating that he is elderly and lives alone, therefore, does not generate much garbage. He stated that the garbage he does generate he takes to the transfer station three to ten times per year. He stated that he did not think it was fair for the County to charge him almost $200.00 per year for garbage collection and disposal, when he has such a small amount of garbage to dispose of.
Mr. Ernest Swindle, Jr., a resident of Deerhaven, in Paisley, addressed the Board stating that the residents of Deerhaven had dumpsters before, which they paid for and had keys to, so they could keep them locked, keeping out wild animals. He questioned who was going to be responsible for cleaning up garbage that gets spilled around the dumpsters, if the residents are going to be forced to use them. He addressed health concerns involved with the dumpsters and questioned who was going to be responsible if someone cuts their fingers off by the metal lids. He noted a concern he had about runoff from the dumpsters going into Deerhaven Lake and the wetlands polluting them. He submitted, for the record, six (6) pictures of the dumpsters that he alluded to, showing garbage scattered around them, as he had indicated.
Dr. Michael Armaly, a resident of Deerhaven, in Paisley, addressed the Board stating that he was a retired physician from Michigan. He discussed what he considers to be health hazards involved with using dumpsters. He stated that he was the previous Medical Examiner for Bay County, therefore, knows that they present a health hazard. He stated that he did not know why the County would want to add insult to injury, by adding more receptacles, increasing the health hazard for the residents of Deerhaven. He stated that the current receptacles are located on a platted roadway, approximately 15 feet from the home of one of the residents in Deerhaven, which creates a health hazard, and he feels they should be moved.
Mr. Fred Finger, a resident of Deerhaven, in Paisley, addressed the Board stating that the residents of Deerhaven are going to be paying for something that they are not going to get. He submitted a handout, for the record, containing letters and a petition from various residents in the area indicating that they are in favor of the proposed solid waste collection and disposal plan. He stated that the continued use of dumpster type collection of solid waste inside their community is not in keeping with the change. He stated that a definite health hazard currently exists at the site of the dumpsters now being used and will be increased significantly if more dumpsters are installed at the site. He asked the Board to allow the residents of Deerhaven to receive the benefits of the taxes for which they are paying.
Ms. Annette Fonda, Supervisor, Here and There Palms Shores Condominium Association, in Leesburg, addressed the Board stating that they have garbage pickup twice per week, which they feel is substantial and meets their needs. She stated that a lot of their residents are retired and only live in the County approximately six months out of the year. She stated that they feel it is very unfair for them to have to pay $195.00 per year for something that they do not utilize year round. She stated that their roads are not county maintained, they are maintained by the residents and the residents are concerned about the roads being torn up by the garbage trucks. She stated that they are opposed to the proposed $195.00 fee.
Ms. Ann Westphal, a resident of Hawthorne, in Leesburg, addressed the Board stating that there is an old saying, "If it ain't broke, don't fix it". She stated that, when one takes a situation and tries to make it "one size fits all", it is not successful. She asked the Board to not try to fix something that is not broken.
Mr. Bill Sharpnack, a resident of Sun Chase, in Tavares, addressed the Board stating that his community has dumpsters and super service of those dumpsters. He stated that they currently have a twice per week pickup and he does not feel that a once per week pickup will work for their community. He stated that most of the streets in Sun Chase are dead end streets, therefore, questioned how the garbage pickup was going to be handled. He stated that he feels it will create a real problem for the residents of his community, if the dumpsters are done away with and the proposed plan is approved. He asked the Board to let them keep their dumpsters and their twice per week pickup service.
Ms. Katherine Koolhaas, a resident of Sorrento, addressed the Board stating that she does not like the proposed plan. She stated that she has three units, two of which are rental units, and that she currently pays $50.00 per month for a dumpster for her renters to place their garbage in. She stated that she will have to pay approximately $600.00 per year for garbage collection and disposal, if the proposed plan is approved, which she feels is too much for them to pay.
Ms. Lynne Knorr, a resident of Orlando, addressed the Board stating that she lives in Orlando, however, owns property in the Astor area, which has been in her family for over 50 years. She questioned whether the unincorporated areas of the County were still going to be taking their garbage to the transfer stations. She stated that she already pays $90.00 per year for the privilege of something that she does not use, noting that her place is a summer vacation weekend place, not a permanent home, and that any garbage her family generates she takes home with her and disposes of it there. She stated that the County now wants to more than double that privilege, noting that it amounts to a tantamount situation of punishment for owning non-residential property in Lake County, as far as she is concerned.
RECESS AND REASSEMBLY
At 10:35 a.m., the Vice Chairman announced that the Board would recess until 10:45 a.m.
PUBLIC HEARING
FINAL ASSESSMENT RESOLUTION FOR SOLID WASTE COLLECTION AND DISPOSAL (CONT'D.)
Mr. John Dewey, a resident of Pleasant Hills, Tennessee, who owns property in Lake County, addressed the Board stating that he did not feel the cost for solid waste should be put on the tax bills. He stated that he would not have $195.00 worth of garbage in six years, because he is only in the County during the winter months and he eats out when he is here.
Mr. Orville Schaefer, President of the Board, Green Oaks Retirement Park, addressed the Board stating that their main concern is that of a health hazard, noting that, if the County is only going to have a once per week pickup, garbage will be sitting in the heat of day too long, which will generate germs and allow wild animals to get into it. He stated that his park does not have a problem with yard waste, noting that, if someone in the park has a lawn service, the company that does the lawn service carries the yard waste out of the park with them. He stated that the residents of the park do not feel they should lose their second garbage pickup per week.
Mr. Tom Smiddy, a resident of Leesburg, addressed the Board stating that he did not feel the cost for solid waste disposal should be put on the tax bill. He stated that it appears the County is going into the waste disposal business and questioned whether it plans to eventually do away with the garbage collection companies and have its own fleet of trucks. He stated that, if that is what the County is planning to do, he feels it will be going in the wrong direction.
Mr. Victor Ramsey, a resident of Highland Lakes, addressed the Board stating that Highland Lakes is in an area where they are very accessible to garbage haulers, noting that the haulers have no problem getting through their park to collect the garbage. He stated that the residents have to keep their garbage in their garages and they have very little yard waste, because most of them have their lawns cut and the grass clippings are not picked up, they stay on the ground. He stated that he does not feel it is fair for the County to have a blanket charge by an outside firm who is picking up their garbage. He questioned whether the County was going to be responsible to the residents, if the haulers do not do an adequate job, and whether the County has checked to see if $195.00 is a proper charge. He stated that he did not feel the County should put a blanket cost on garbage collection and disposal throughout the County, because there is such a diverse group of people living in the County, who use the service in a different manner.
Ms. LeNora Laing, a member of the Board of Directors for Vacation Village, addressed the Board stating that Vacation Village has 193 units, with only one road going through the park; therefore, there is no way that their park could go to just one garbage pickup per week.
Ms. Frankie Register, Manager, Vacation Village, addressed the Board stating that Vacation Village has a lot of violators, with regard to garbage disposal, and she does not feel a once per week pickup is going to solve the problem. She stated that the people that are doing the right thing should not be punished, it should be the ones that are not obeying the rules and regulations.
Ms. Helen Melvin, a resident of King's Cove Subdivision, addressed the Board stating that she did not see how the residents of her subdivision could possibly get by with one garbage pickup per week. She stated that she alone has three bags of garbage twice a week and she has no place to store the garbage other than in her garage. She stated that the sanitary conditions would be extreme, with bugs, ants, roaches, etc. getting into the garbage. She stated that she currently has a garbage collection service, however, does not want to continue paying for it, when she is only going to get half of the service.
Mr. Murphy Cameron, a resident of Tavares, addressed the Board and asked the Chairman to briefly state the purpose of this hearing, the requirements for it, and what will happen subsequent to it, so that everyone present could understand what was going on.
The Vice Chairman stated that the purpose of this hearing was to approve a final assessment resolution for solid waste materials for FY 2001/2002. He stated that the Board was trying to treat each person equitably and fairly, with regard to the County's garbage incinerator costs.
Mr. Cameron stated that all the people present at this hearing should be heard and that no restrictions should be placed on the time they take to present their cases. He stated that, if a time limit is going to be placed on the general public, when they get up to speak, then it should also be placed on staff.
Ms. Sherry Turner, a resident of Clermont, addressed the Board stating that she was present representing the working class. She stated that her income is so small she barely makes ends meet, yet her taxes, electric bill, phone bill, and insurance continues to go up. She stated that she takes care of the mentally handicapped and works 60-70 hours per week just to make ends meet. She stated that she is usually not home enough to generate any garbage, however, noted that, from time to time, when she does have a small bag of garbage, she takes it to work and disposes of it there.
Mr. Bill Good, former Lake County Commissioner, addressed the Board stating that he felt the people of Lake County were being lied to, with regard to what this hearing was about. He stated that the County knew 8 to 12 years ago that the bond for the incinerator was going to have to be paid off. He stated that he felt the County was punishing the good people, because of a few criminals, and that he felt the County should assess the criminals and possibly hire a "trash deputy", however, noted that it will cost the County a lot more than the $195.00 proposed fee. He stated that they will be putting more haulers on rural roads and charging the residents for a service, but will be giving them less of a choice. He stated that the County does not take care of its rural roads, at the present time, noting that there are more pot holes than ever before and the County does not mow as many times per year as they used to and they no longer do shoulder maintenance. He stated that the County cannot afford to do it, because of the incinerator debt. He stated that he does not need the County's help in taking his garbage to the dump, noting that he has been doing it for years, nor does he need the County putting a $195.00 fee on his home. He stated that a man's home is his castle. He stated that the County is trying to take his home away from him and is putting it at risk, which is not right. He stated that, if the County is stuck in a budget crunch, they need to tell the people that they are - that they have got to come up with the money and this is the only way they could find to do it. He asked the Board to get government off his back and let him have some private property rights. He stated that the Board needs to sculpt the plan differently, or vote it down.
Mr. Travis Whigham, a resident of the Forest Hills area, addressed the Board stating that he felt it was bad politics for the County to get involved with the garbage collection service. He stated that the people in his community used to have a choice, with regard to their garbage collection and disposal and what fees they wanted to pay, but then the incinerator came about and they were no longer given a choice. He questioned whether the County was going to pay to have somebody repair the roads that the garbage trucks will be tearing up, if the County forces people to have the service, and whether garbage collection service companies throughout the State were able to bid for the service, or whether it was something that was decided by the Board and the County's current garbage collection service companies.
Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the Board stating that approximately 750 petitions asking the Board to vote "No" to universal collection were submitted to the Board on May 15, 2001 and that 50 additional petitions were mailed to them after the meeting. He stated that, with their pleading, the Board put on the solid waste notices that were mailed out information about indigent care and the fact that such people could be exempt from the solid waste fee and the fire tax, as well. He stated that they would like to have seen a larger notice on the solid waste information that was mailed to the public and would like to have had it explained to them, so they would know what they are entitled to; however, since the County did not do that, the Northeast Lake Chamber of Commerce is going to do its best to educate the public about the matter. He stated that what the County is doing, with regard to this matter, is completely unfair and that they have an opportunity this date to correct the action they took at the Board Meeting on May 15, 2001. He read into the record a letter that was being sent to the Editor of The Outpost, asking that it be published, with regard to this issue.
Ms. Cherry Ward, a resident of Pine Lakes, addressed the Board stating that her community has a lot of poor people and a lot of indigents. She stated that some of the roads in the community are in such bad shape that emergency vehicles have not been able to respond to emergencies and now the County is going to have garbage trucks running up and down the roads tearing them up even more. She stated that it appears the County does not care about their roads. She stated that a lot of people in the County cannot afford the garbage collection service and a lot of them do not want it.
Ms. Brenda Bregg, a resident of Paisley, addressed the Board stating that she was present at the May 15, 2001 Board Meeting, where the Board voted unanimously to pass the solid waste mandatory collection ordinance. She stated that everyone that was present at that meeting would like to see the Board keep the promises that were made, which is that everyone will have curbside service, and that, for those people who cannot get to their containers, such as handicapped people, somebody will be available to help them take their garbage to the curb. She stated that they also want to make sure the roads are kept up, as promised. She stated that they do not want a dumpster stuck at the end of their roads - they want curbside service.
Mr. Tony Warner, a resident of Groveland, addressed the Board stating that he, too, was concerned about the garbage pickup being at the curbside, not at the end of the road, noting that approximately 10 to 12 people live on his road and it is very difficult for them, as well as emergency vehicles, to travel the road. He stated that everybody that lives on his road currently has to take their garbage out to the main road and there are sometimes 20 to 25 garbage cans and/or bags of garbage sitting on the road. He stated that they have trouble with animals getting into the garbage and scattering it. He stated that people in the rural areas of the County need curbside pickup badly.
Mr. Roger Harper, a resident of Leesburg, addressed the Board stating that he had a solution to the County's money problems, which is to place an impact fee on the developers in the County. He stated that, with regard to the problem that the County is having with illegal dumping, he would suggest tougher enforcement. He stated that the $195.00 fee will not stop illegal dumping, because the people that do it could care less about people, society, or the amount of money that has to be spent by the County picking up their garbage. He stated that the only way to stop it is tougher enforcement.
Ms. Dona Rivelli, a resident of Mt. Dora, addressed the Board stating that she was representing Baywood Condominiums. She stated that they currently have a dumpster service and do not have garages, therefore, questioned where they are supposed to put their garbage, while they wait for their next garbage pickup. She stated that they currently pay $1,485.00 per year for the dumpster service, for 30 units; however, the County wants them to pay $5,850.00 per year for the same number of units. She suggested that the Board come up with another solution to the problem.
Mr. Duane Connell, a resident of Leesburg, addressed the Board stating that he felt it was totally wrong for the County to put an individual's property in a foreclosure situation, over the issue of garbage collection. He stated that it might be legal, but it is not American. He asked the Board to not put homes at risk, over a bag of garbage. He stated that the issue is not the fee, it is the principle of the matter.
Mr. James Trawick, a resident of Paisley, addressed the Board stating that he and his wife carry their garbage to the local transfer station and would like to continue to do so. He asked the Board to vote against the mandatory curbside pickup.
There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing. He informed those present that the Board knew going into this hearing that it would not be one size fits all. He stated that the present Board did not enter into the agreement, with regard to the incinerator, and it realizes that the proposed plan is not a perfect one, or a good one, but the Board has to figure out a way to pay for the incinerator.
Commr. Cadwell stated that the Solid Waste Fund is run as an Enterprise Fund; therefore, the budget crunch that the County finds itself in has nothing to do with solid waste.
Mr. Bill Gilley, Senior Director, Solid Waste Management Services , addressed the Board stating that just the bond payments for the incinerator amount to $650,000.00 per month. He stated that, out of the $195.00 fee that the County is proposing for the residential units in the unincorporated areas of the County, the County will have to pay the haulers approximately $170.00 per year, per residential unit, for collection and disposal. He stated that the County will pay them the $170.00 and they will pay for whatever they bring across the scales, in tipping fees. He stated that the County is anticipating that between 10-12% of what will be collected in the unincorporated areas will be yard waste, which they will pull out of the wastestream, take to the landfill, and use as daily cover. He stated that the garbage collection service will include the pickup of bulky items, so there will no longer be an incentive for people to throw a refrigerator or couch into the woods, because all they will have to do is take it to the end of their driveway and it will be picked up within 72 hours. He stated that the haulers will also be making available a second pickup per week, for those families who simply cannot get by with a once per week pickup, for an extra $6.00 per month, which they will contract for directly with the hauler.
Commr. Hill stated that, with regard to the issue of tougher enforcement for illegal dumping, the Board has addressed the matter. She stated that, with regard to the issue of a twice per week garbage pickup, versus a once per week pickup, she feels most people would like to have a twice per week pickup for household garbage, a once per week pickup for recycling, and, at the most, a twice per month pickup for trash and questioned whether that would be an option.
Mr. Gilley stated that staff talked to the haulers about the matter and they are amenable to providing a second pickup for the residents of Hawthorne and some of the larger retirement communities that want to keep their twice per week pickup, realizing that they will be giving up the separate yard waste collection. He stated that most of the retirement communities are contracted for yard maintenance anyway, so it is not a big concern. He stated that the County could keep the twice per week pickup, but it would have to be in communities such as Hawthorne.
Commr. Hill stated that she was trying to eliminate the extra $6.00 charge.
Mr. Gilley addressed the issue of those residents who feel they should not have to pay the entire $195.00 fee, because they do not live in the County year round. He stated that the County has to pay $650,000.00 per month to Covanta (formerly Ogden Martin), whether there are 50,000 residents in the County, or 210,000 residents. He stated, however, that one can file for a refund, if they can prove that a structure was not occupied during the year.
Commr. Pool stated that he was concerned about those people who have said they do not mind paying the bill, but, they do not want it to go against their escrow and increase their payments. He stated that there must be a method in which the County can address that issue.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed those present that the cost for disposal is on everybody's tax bills, however, noted that there are various ways for residents to handle the issue of collection, ranging from self-haul, to paying the hauler themselves, to having the cost of collection on their tax bill. He stated that it has been very difficult for the County to keep the assessments correct, because there are a lot of changes each year. He stated that staff's proposal was to put them on the tax bills, which he noted is different than how collections are currently handled.
Commr. Pool stated that he feels the County is going to have to handle the matter on a case-by-case, community-by-community, development-by-development basis, because one size does not fit all, and that there has to be some flexibility for curbside collection.
Mr. Gilley stated that staff can get with the haulers and ask the retirement communities whether they would prefer to have a second garbage collection and do away with the yard waste collection. He stated that it is a possibility, noting that the haulers have indicated they are willing to work with the County on a community-by-community basis. He stated that it is a simple matter of routing the right trucks into the communities. He stated that accommodating people is not a problem, noting that it can be done through hauler negotiations. He stated that he did not feel the County needed to get locked up into trying to craft an ordinance that states one has to do it a particular way. He stated that he feels it should be left open, for staff to work it out with the haulers and the communities.
Commr. Stivender stated that the Resolution before the Board this date does not address what Mr. Gilley stated, which is that the franchise haulers have stated they will individualize garbage collection in each community, and that she would rather have said documentation in front of her, before approving a resolution where anything could happen.
Mr. Gilley stated that the contract amendments with the haulers is scheduled to come back before the Board at the September 18, 2001 Board Meeting.
Commr. Stivender questioned whether the Board could address the Resolution at the same time, after the Board has reviewed the contract amendments.
Ms. Valerie Fuchs, Assistant County Attorney, interjected that the Resolution before the Board this date has to be adopted by September 15, 2001, under the Florida Statutes.
Commr. Stivender thanked staff for the endless hours they spent working on this matter, however, noted that she has a health issue, with regard to the once a week pickup versus twice a week pickup, being that of keeping garbage in one's garage, which can start to smell pretty bad, while waiting for the next scheduled pickup date. She stated that there is an efficient system already in place in most of the adult communities and she does not feel the County should mess with those systems. She stated that the payoff of the bond issue, with regard to the incinerator, is a totally different issue and one that the County is going to have to address and come up with an answer. She stated that, if the $195.00 fee is implemented, everyone in the County should have curbside service, because that is what they are paying for; however, she feels that there are areas where that is not going to be possible. She stated that, with regard to the enforcement of illegal dumping, the County has a Code Enforcement Department, which it needs to utilize to try to stop some of the illegal dumping and enforce the law. She stated that she was not going to vote for the Resolution before the Board this date, because she does not feel it is equitable for all citizens. She stated that it is equitable for some of the citizens, but does not appear to be for the majority of them. She requested staff to continue to work with the different groups that the Board heard from this date, noting that each group has a different issue. She stated that she just wants to make sure that all citizens are treated the same.
Commr. Pool stated that the Board chose the option before them this date, however, questioned whether there were any other options available to them of other cost measures that could be advertised, where the Board could come back with a different option.
Ms. Valerie Fuchs, Assistant County Attorney, stated that, if the option was going to include imposing a special assessment, the deadline for doing so for the upcoming fiscal year is September 15, 2001. She stated that the assessment option would not be available, unless the Board adopted it today. She stated that, if they did not adopt it today, it would revert back to the way that it was before, however, noted that the Board would have to approve an emergency amendment to the ordinance, because they recently amended Chapter 21, to provide for universal collection and change the ordinance to propose that all charges will be done by assessment.
Mr. Gilley stated that, as the ordinance currently exists, there is only the one option. He stated that, if the Board would like to go back to the way that it was, there are four options, which are: (1) collection and disposal on the tax bill; (2) collection paid to the hauler and disposal on the tax bill; (3) a self-haul option; and (4) paying the hauler directly for everything, which means that there will be nothing on the tax bill.
Commr. Cadwell stated that no one is happy with the situation that the County is in; however, he encouraged the Board to stay the course, noting that he feels it is best for the County, overall, and for the majority of the people in the County.
Commr. Pool stated that it was becoming very clear that there were differences of opinion, from the Board's perspective, which he elaborated on. He stated that there was no flexibility before, however, noted that there is some flexibility in this plan. He stated that the fact of the matter is that it is not going to get any cheaper, as the County moves forward. He stated that, as the County pays off the debt service that it has to pay to Covanta, everyone will have to pay somewhat more than they originally had to pay and the key is that they pay it in an equitable manner. He stated that he agreed that one size does not fit all and that he would like to see the Board omit the once per week pickup of yard waste and, instead of going with the one, one, one pickup, go with a twice per week pickup of household garbage and recyclables. Mr. Gilley stated that, with regard to yard waste, people can take it to the drop off locations at no cost.
Commr. Cadwell stated that the problem with that is that a lot of people do not have a way to deal with yard waste.
RECESS AND REASSEMBLY
At 12:30 p.m., the Vice Chairman, Commr. Pool, announced that the Board would recess until12:45 p.m.
PUBLIC HEARING
FINAL ASSESSMENT RESOLUTION FOR SOLID WASTE COLLECTION AND DISPOSAL (CONT'D.)
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that they needed to take action this date on the Resolution before them, because they had to certify the tax assessment roll for the Property Appraiser's Office by September 15, 2001. He stated that, after listening to the discussion, he felt there were only three alternatives that would be practicable for the County to carry out, being: (1) the current proposal that staff made, which is a one, one, one pickup, with a $195.00 universal charge to everybody; (2) a twice per week garbage pickup/once per week recycling, with yard waste being included with the regular garbage, which will be taken to the waste-to-energy plant and burned, with everybody paying the $195.00 fee; and (3) only assessing for disposal, which would be $107.50. He stated that the County currently allows people to have their garbage collection billed on their tax bills, however, noted that the County would not be able to do that this year, because the cost is higher than the notices that were mailed out to the general public.
Commr. Stivender questioned whether the dumpsters would still remain at the transfer stations.
Mr. Minkoff, County Attorney/Interim County Manager, stated that the dumpsters would still remain at the transfer stations, but, in order for people to use them, they will have to pay $23.00 for a self haul card, or they will have to pay by the load.
Commr. Cadwell stated that the County cannot allow everybody to have a different option. He stated that, if the Board were to vote not to go with the universal collection, the third option would be the closest to what the County has been doing.
Commr. Stivender questioned whether there would be a yearly increase in the fee.
Commr. Cadwell stated that, depending on the outcome of the lawsuit that the County is involved in with the incinerator, the costs could change, no matter what happens.
Commr. Pool stated that, should the County be successful in the lawsuit, it may change the whole picture, as the County moves forward.
Commr. Stivender questioned what the disposal fee would be, if the Board went with Option 3, or if they chose not to go with the Resolution before them this date.
Mr. Minkoff, County Attorney/Interim County Manager, stated that, if the Board did not approve anything this date, there would be nothing on the tax bills and the County would just charge a tipping fee at the scales. He noted, however, that the County has to pay Covanta $7 million, so, if the County does not collect enough in tipping fees, it will have to come up with the money some other way.
A motion was made by Commr. Stivender to approve Option 3, for the collection and disposal of solid waste materials for FY 2001/2002, which would put the assessment for disposal on the tax bill and leave the haulers to contract, including the self haul, as it currently is in the County.
Commr. Cadwell seconded the motion, for discussion.
Under discussion, Commr. Cadwell reminded the Board that, due to the fact that Commr. Hanson was not present at this meeting, a 2-2 vote would be a no vote, because one vote would cancel out the other. He stated that the Board needed to come to some type of consensus, so the County could move forward. He stated that this is where the County was a year ago, when the Board directed staff to come up with something that would be more fiscally fair to everybody, to pay for the situation that the County is in, with regard to the solid waste issue.
The Vice-Chairman called for a vote on the motion, which failed, by a 2-2 vote.
Commrs. Cadwell and Hill voted "No".
It was noted by the Assistant County Attorney that, in the case of a 2-2 vote, the "No" votes prevail in defeating the motion.
A motion was made by Commr. Hill to approve Option 2.
Commr. Cadwell seconded the motion, for discussion.
Under discussion, Commr. Cadwell stated that Option 2 would provide a twice per week garbage pickup and a once per week recycling, with yard waste being put in with the garbage, and everyone in the County would have curbside service, no matter where they live.
The Vice Chairman called for a vote on the motion, which failed, by a 2-2 vote.
Commrs. Stivender and Pool voted "No".
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Final Assessment Resolution No. 2001-163, implementing Option 3 for the collection and disposal of solid waste materials for FY 2001/2002 and each fiscal year thereafter, until discontinued.
Commr. Hanson was not present at this meeting.
PUBLIC HEARING
ORDINANCE REGARDING INFRASTRUCTURE SALES SURTAX
Ms. Valerie Fuchs, Assistant County Attorney, placed the proposed ordinance on the floor for its first and final reading, by title only, as follows:
AN ORDINANCE OF LAKE COUNTY, FLORIDA, PROVIDING FOR AN EXTENSION OF THE EXISTING ONE-CENT DISCRETIONARY INFRASTRUCTURE SALES SURTAX IN LAKE COUNTY; PROVIDING FOR APPROVAL OF THE LEVY BY VOTERS IN A REFERENDUM; PROVIDING THAT THE IMPOSITION SHALL BE EFFECTIVE FOR A PERIOD OF FIFTEEN (15) YEARS BEGINNING JANUARY 1, 2003; PROVIDING FOR THE ADMINISTRATION OF THE SURTAX; PROVIDING FOR THE SURTAX PROCEEDS TO BE DISTRIBUTED AMONG LAKE COUNTY, THE LAKE COUNTY SCHOOL BOARD, AND THE MUNICIPALITIES, REPRESENTING A MAJORITY OF LAKE COUNTY'S MUNICIPAL POPULATION; PROVIDING LIMITATIONS ON THE USE OF THE SURTAX PROCEEDS; PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 6, 2001; PROVIDING BALLOT LANGUAGE, WHICH INCLUDES A BRIEF GENERAL DESCRIPTION OF THE PROJECTS TO BE FUNDED BY THE SURTAX; PROVIDING FOR NOTICE OF THE SPECIAL ELECTION; PROVIDING FOR NOTIFICATION TO THE DEPARTMENT OF REVENUE; AUTHORIZING EXPENDITURES FOR INFORMING THE PUBLIC; PROVIDING FOR AMENDMENTS TO LAKE COUNTY CODE, CHAPTER 13, SECTION 13-1; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING A CONFLICT CLAUSE; PROVIDING AN EFFECTIVE DATE.
The Vice Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
A motion was made by Commr. Stivender and seconded by Commr. Cadwell to amend the ballot language for the Infrastructure Sales Surtax Referendum, adding Stormwater Retrofit to the list contained on Page 4 of the Ordinance, under Projects Eligible for Funding
Under discussion, Commr. Hill amended the motion, adding to and deleting from the list, indicating that she would like for it to read as follows:
Construction/Renovation/Remodeling of County, City, and School Facilities
Roads and Transportation
Utilities/Drainage Improvements//Stormwater Retrofit
Public Safety Facilities and Equipment
Libraries/Parks and Recreation
Other City/County/School Infrastructure
Commr. Cadwell withdrew his second to the motion.
Commr. Stivender stated that she would support the amended motion.
Commr. Hill then seconded the motion.
The Vice Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.
Commr. Hanson was not present at this meeting.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2001-123, extending the existing one-cent discretionary infrastructure sales surtax in Lake County an additional fifteen (15) years, as amended, with the proceeds to be split among the Cities, the County, and the School Board, and directing that ballot language be provided for a special election to be held on November 6, 2001.
Commr. Hanson was not present at this meeting.
PUBLIC HEARING
RESOLUTION FOR FEE SCHEDULES FOR FY 2001/2002
Mr. Sandy Minkoff, County Attorney/Interim County Manager, requested that Exhibit F, Solid Waste Fees, be withdrawn from the Fee Schedule, due to the fact that the Board's previous action this date would change them. He noted that the Board had been provided with the Health Department Fees, which staff did not receive in time to include them in their backup material.
The Vice Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Vice Chairman closed the public hearing.
A motion was made by Commr. Cadwell and seconded by Commr. Stivender to approve
Resolution No. 2001-164, setting the Fee Schedules for FY 2001/2002, removing the Solid Waste Fees, which will be brought back to the Board at a later date, but including the Health Department Fees that were provided to the Board this date.
Under discussion, Commr. Hill referred to Exhibit B, the Animal Control Schedule, contained in the Board's backup material on Pages 2 and 4, and questioned which fees were the correct fees, noting that it looked like the same page, but with two different sets of fees, for the same department.
Mr. Minkoff stated that the correct schedule was the one contained on Page 4, therefore, Exhibit B, contained on Page 2, should be deleted.
Commr. Hill then referred to Exhibit D, on Page 2, regarding the Books-By-Mail Bags, under the Proposed Fee Schedule for the Lake County Library System; Exhibit E, on Page 2, regarding the issue of the One Time Maintenance on Unmaintained Roads, under the Public Works Fee Schedule; and Exhibit H, on Page 1, regarding the Addressing Fee Schedule. She noted that all the exhibits she referred to contained increases, at which time she questioned what brought the increases on and whether they were necessary.
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board, in response to the concerns noted by Commr. Hill, stating that, with regard to Public Works, staff looked at the costs associated with the current rates being charged locally and applied those same rates.
Ms. Wendy Breeden, Library Services Manager, Library Services, addressed the Board, in response to a question by Commr. Hill as to who the County charges the costs associated with Library Services Books-by-Mail bags to. She stated that it is a free service that is provided to the public by the County, however, noted that, if patrons do not return the bags, they have to pay for them.
The Vice Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.
Commr. Hanson was not present at this meeting.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board appointed Mr. James Drake as the Lake County Schools Representative on the Impact Fee Evaluation and Review Committee.
Commr. Hanson was not present at this meeting.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the ratification of Ms. Ann Dupee and Ms. Rena Poole as the 2001 Women's Hall of Fame inductees, as selected by the Women's Hall of Fame Committee.
Commr. Hanson was not present at this meeting.
REPORTS
COUNTY ATTORNEY
CONTRACTS, LEASES AND AGREEMENTS
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to renew the Agreement between Lake County and Brett L. Swigert, relating to outside legal services, for the period of October 1, 2001 to September 30, 2002.
REPORTS
COUNTY ATTORNEY
SATISFACTION AND RELEASE OF MORTGAGE
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval of a Satisfaction and Release of Mortgage between Lake County and E & E Investments.
ACCOUNTS ALLOWED/FACILITIES AND CAPITAL IMPROVEMENTS
Commr. Stivender informed the Board that she asked that this request be pulled from the County Manager's Consent Agenda and discussed separately, because she feels that, with the situation the County is in with its budget and the fact that the Board does not know if the general public is going to approve the extension of the one cent sales tax, this request should be withdrawn. She stated that a District Meeting was held at Treadway Elementary School, in Leesburg, on July 19, 2001, regarding this request. She stated that some of the people that attended the meeting were in favor of it and some were against it, but no one felt it was a pressing issue. She recommended that the County not purchase the property at this time, noting that the County has other needs and she feels that $1 million is quite a bit of money for a library in an area that already has a school with a library, a college with a library, and two cities on either side of the property with a library.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board denied a request from Facilities and Capital Improvements for approval to purchase 9.87 acres of property, formally known as the Gateway Elementary School, and associated facilities and improvements located on the property, in the purchase amount of $1,025,000.00.
Commr. Hanson was not present at this meeting.
ACCOUNTS ALLOWED/CONTRACTS, LEASES AND AGREEMENTS
FISCAL AND ADMINISTRATIVE SERVICES - GEOGRAPHIC INFORMATION SYSTEMS/PROPERTY APPRAISER
Commr. Stivender informed the Board that she asked that this request be pulled from the County Manager's Consent Agenda and discussed separately, in order to emphasize the fact that the County is working with the other constitutional officers. She stated that this request involves an interlocal agreement with the Property Appraiser, who will be assisting the County with the Geographic Information System (GIS). She stated that Ms. Kitty Cooper, Geographic Information Systems Director, has done an excellent job working with him.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved a request from Fiscal and Administrative Services - Geographic Information Systems, for approval of an Interlocal Agreement with the Lake County Property Appraiser for the Participation, Use, and Maintenance of the Geographic Information System, in the amount of $35,000.00.
REPORTS (CONT'D.)
COUNTY ATTORNEY
ACCOUNTS ALLOWED/STATE AGENCIES
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that, in connection with the National Flood Insurance Program, Congress has required the Federal Emergency Management Agency (FEMA) to provide credits to communities that participate in the flood insurance program, through a community rating system, and one of the things that is required is that counties provide information about flood insurance in their local phone books. He stated that Sprint failed to do that this year, which costs the County points. He stated that, up to this point in time, Lake County has been an eight, out of a rating of one to ten; however, without the notice in the phone book, the County will drop to a nine, which will cost the County's residents approximately $10.00 per policy, or approximately $17,000.00 in premiums. He stated that the matter can be corrected, by mailing a notice to everyone who lives in unincorporated Lake County; however, it will cost the County approximately $15,000.00 to do so. He stated that, by the County spending $15,000.00, it will save the residents $17,000.00.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously, by a 4-0 vote, the Board approved a request from the County Attorney for approval to expend approximately $15,000.00 of stormwater funds to mail everyone who lives in unincorporated Lake County a notice informing them about the National Flood Insurance Program, as required by the Federal Emergency Management Agency.
Commr. Hanson was not present at this meeting.
REPORTS
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 4
RESOLUTIONS
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Proclamation No. 2001-165, proclaiming the month of November 2001 as Native American Heritage Month in Lake County.
Commr. Hanson was not present at this meeting.
RECESS AND REASSEMBLY
At 1:40 p.m., the Vice Chairman announced that the Board would recess until 5:05 p.m., for the first public hearing regarding the County's Annual Budget.
PUBLIC HEARING
TENTATIVE ANNUAL BUDGET
The Vice Chairman informed those present that the purpose of this hearing was to amend and adopt the tentative budget, recompute the proposed millage rate, if necessary, publicly announce the percent by which the recomputed proposed millage exceeds the rolled-back rate, and discuss the specific purpose for which ad valorem tax revenues are being increased.
Mr. Sandy Minkoff, County Attorney/Interim County Manager, informed the Board that, during the workshop meeting that was held at Lake Sumter Community College, in July, staff was directed to go back and look for further reductions in the budget, which they have done. He stated that he and Commr. Hanson met with each of the Constitutional Officers, including Mr. Brad King, State Attorney, and Mr. Howard "Skip" Babb, Public Defender, and from those meetings found some additional revenue, as well as some cuts, in order to avoid spending money. He stated that, in addition to that, since the July meeting was held, staff has received updated estimates from the State, which he noted also had a good impact on the budget. He stated that, finally, as the Board directed, through cutting spending this year, as well as making additional budget cuts, staff made some pretty significant changes, particularly in the General Fund. He stated that the impact of all these factors allowed staff to recommend a reduction in the millage, which they had originally proposed, to 5.117, which he noted was the same millage that was used last year, which the Board requested. He stated that this would be an increase over the rolled back rate of 4.918, but is significantly less than what was originally proposed. He stated that, with this reduced millage, the County will be able to preserve its reserves and not have to invade them to meet current operating expenses.
Mr. Minkoff stated that staff made some significant cuts to the baseline budget for the County's departments, noting that they eliminated four and a half positions that are in this year's budget and downgraded another position. He stated that things like travel, office supplies, education, books, and publications were cut in just about every cost center and fairly significantly. He stated that he hopes staff was too conservative and that, when it is time for mid-year adjustments next year, they will find that the cash balances are greater than what was estimated and some money can be rebudgeted at that time. He stated that, if that occurs, he hopes the Board will consider the departments first, because, of all the budgets before the Board this date, they are the ones that took the brunt of the cuts. He stated that the tentative budget for Fiscal Year 2002 totals $279,720,587.00, which includes $14.8 million in rebudgets - items that were in this year's budget that have not been completed this year, but which will be completed next year. He stated that the Countywide Millage Rate is 5.117; the Lake County Municipal Services Taxing Unit for Ambulance and Emergency Services is .5289; and the Lake County Stormwater Municipal Services Taxing Unit is .300. He thanked the Budget Department's staff for all their hard work in putting the proposed budget together.
The Vice Chairman opened the public hearing.
Mr. Elmer Berol, a resident of Fruitland Park, addressed the Board regarding some concerns he had about the issue of Lake County's Stormwater Municipal Services Taxing Unit.
Mr. Murphy Cameron, a resident of Tavares, addressed the Board regarding various concerns he had about the proposed budget, at which time he submitted, for the record, a handout dealing with objections that he has about the solid waste issue and another one containing information that was compiled and given to him regarding the Landfill Enterprise Fund.
Mr. Bob Williams, Attorney, representing LifeStream Behavioral Center, addressed the Board stating that LifeStream Behavioral Center was seeking an increase in their County funding this year, in the amount of $285,000.00. He stated that they have been in existence since the 1970s and have received generous assistance from the County, under a county obligation to provide a local match to state funds that LifeStream receives for the provision of mental health services in the County. He stated that it is a non-profit organization and that they contract with the State to provide statutory Baker Act and Marchman Act services, as well as a variety of other mental health services for citizens, most of whom are indigent and have no ability to pay for the services they receive. He stated that the statewide average for funding for mental health, by local county governments, is somewhere between $4.00 to $5.00 per capita. He stated that Lake County's funding level to LifeStream last year was $1.99 per capita, which is pretty low, for the types of services they are trying to provide to their indigent clients. He distributed a handout, for the record, detailing LifeStream's funding request, noting that they are seeking an increase from the $176,925.00 that they currently get to a total of $462,500.00, which would bring them up to a $3.60 per capita level. He stated that, although said amount is still below the average, they understand and realize that it cannot be made up in a single day. He stated that the funding they receive will go toward the local match requirement they have for various state and federal funds they get.
Mr. Culpepper, a resident of Lake County, addressed the Board regarding some property he owns on the Wekiva River that he claims the County took approximately 600 feet of, leaving it worthless. He stated that the Constitution is very clear about the confiscation of private property, noting that it plainly states government cannot take private property, unless it pays for it; therefore, he feels the County owes him some money.
Ms. Jane Keppler, a resident of Pine Lakes, addressed the Board stating that garbage trucks tear up the private road that she lives on, when picking up their garbage. She questioned why people in the County cannot burn their garbage. She stated that they have tried to get help from the County in getting the road graded, but to no avail. She also addressed a concern she had about the fact that people are allowed to keep moving into the County, even though it is running out of water.
There being no further individuals who wished to address the Board, the Vice Chairman closed the public hearing.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board adopted a Tentative Countywide Millage Rate of 5.117 mills.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board adopted a Tentative Lake County MSTU for Ambulance and Emergency Services of .5289 mills.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board adopted a Tentative Lake County Stormwater MSTU of .300 mills.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved a request from Lifestream Behavioral Center for additional funding, in the amount of $285,000.00, to be taken out of the Reserve Account, for mental health services in the County.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board adopted the Tentative Lake County General Fund Budget, in the amount of $89,103,170.00.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board adopted the Tentative Lake County MSTU for Ambulance and Emergency Services, in the amount of $6,506,152.00.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board adopted the Tentative Lake County Stormwater Management MSTU, in the amount of $2,688,588.00.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board adopted the Tentative Countywide Budget, in the amount of $279,720,587.00.
Commr. Hanson was not present at this meeting.
PUBLIC HEARING
ORDINANCE RELATED TO TEMPORARY HOUSING
Ms. Valerie Fuchs, Assistant County Attorney, placed the proposed ordinance on the floor, for its second and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTIONS 10.02.00, 10.02.01 AND 10.02.02 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E, OF THE LAKE COUNTY CODE, TO ALLOW THE COUNTY MANAGER TO ISSUE APPROVALS FOR THE MAINTENANCE OF A MOBILE HOME OR TRAVEL TRAILER FOR USE AS A TEMPORARY RESIDENCE DURING CONSTRUCTION OF A PERMANENT RESIDENCE, AND ELIMINATING THE NEED FOR APPROVAL OF THE BOARD OF COUNTY COMMISSIONERS FOR SUCH USE; AND CREATING SECTIONS 10.05.00 THROUGH 10.05.04 OF THE LAKE COUNTY LAND DEVELOPMENT REGULATIONS, APPENDIX E, OF THE LAKE COUNTY CODE, TO ALLOW THE COUNTY MANAGER TO ISSUE APPROVALS FOR THE MAINTENANCE OF A MOBILE HOME FOR USE AS A TEMPORARY RESIDENCE TO PROVIDE CARE OF THE INFIRM, TERMINALLY ILL OR DISABLED; MOVING REQUIREMENTS AND STANDARDS FOR SUCH USE FROM SECTION 3.04.01 (G) TO THE NEW SECTIONS 10.05.00 THROUGH 10.05.04 AND AMENDING SECTION 3.04.01 (G) ACCORDINGLY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.
The Vice Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2001-114, amending Sections 10.02.00, 10.02.01, and 10.02.02 of the Lake County Land Development Regulations, Appendix E, of the Lake County Code, to allow the County Manager to issue approvals for the maintenance of a mobile home or travel trailer for use as a temporary residence during construction of a permanent residence, eliminating the need for approval of the Board for such use; and creating Sections 10.05.00 through 10.05.04 of the Lake County Land Development Regulations, Appendix E, of the Lake County Code, to allow the County Manager to issue approvals for the maintenance of a mobile home for use as a temporary residence to provide care of the infirm, terminally ill, or disabled.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 6:25 p.m.
________________________________ CATHERINE C. HANSON, CHAIRMAN
ATTEST:
________________________________
JAMES C. WATKINS, CLERK
sec/9-4-2001/9-20-2001/boardmin