The Lake County Board of County Commissioners met in regular session on Tuesday, May 21, 2002, 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, Chairman; Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Others present were: William A. Neron, County Manager; Sanford A. Minkoff, 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.
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
Commr. Pool recognized Sheriff George E. Knupp, Jr. and Mr. Jim Coleman, Town Manager, Town of Lady Lake.
AGENDA UPDATE
Mr. Bill Neron, County Manager, stated that the Board has an addendum to the agenda, and he would like to pull from the regular agenda Tabs 10 and 26 under the County Manager's Consent Agenda noting that those items will be brought back to the Board at another time.
Mr. Neron stated that he would like to discuss with the Board a budget schedule, budget workshops, and timeframes, at the end of the meeting and get direction from the Board.
Commr. Cadwell stated that he would like to add two items under his business that may require a vote.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the discussion on the medicare ambulance payment reformat.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the discussion of the Umatilla Airport.
PRESENTATION
Commr. Pool presented a certificate of appreciation to Captain William Harrison, Station 71, Astatula, Public Safety Department, for Fire Safety event held at Swaffer Park in Astatula on April 20, 2002.
MINUTES
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 16, 2002, Regular Meeting, as presented.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of April 23, 2002, Regular Meeting, as presented.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts' Consent Agenda, Items 1 through 5, as follows:
Accounts Allowed
List of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Bonds - Contractor
Contractor Bonds, New, Cancellations, and Riders, as follows:
New
4466-02 Alan Jackson d.b.a. Alan Jackson Plumbing, Inc.
5838-02 John R. Richichi
5919-02 Michael Lepera d.b.a. Mike's Maintenance
5920-02 James E. Jacobs d.b.a. Agape Irrigation
5921-02 Florida Lawn Care Inc.
5922-02 James D. Mayo d.b.a. Tri-County Landscape
5924-02 Joseph T. Robbins d.b.a. Greenblades of Central Florida, Inc.
5925-02 Corbitt S. Todd d.b.a. Alex-Cor. Inc.
5926-02 James Ronald Smith d.b.a. Ron's Sprinklers
Rider: James Ronald Smith d.b.a. James Ronald Smith Sprinklers
5927-03 Jenzen's Handyman Sprinkler Service/David Jenzen
5928-02 Joseph C. Urban & Himes Electric Company, Inc.
5931-02 Richard Tanyer d.b.a. Miramonte Central Florida, Inc.
5932-02 Morgan & Company, Inc.
5933-02 Done Right Electric, Inc.
Cancellation
5730-00 National Energy Production Corp.
Municipalities/Ordinances
Request to acknowledge receipt of Ordinance No. 2001-48 from the Town of Lady Lake, pertaining to Comprehensive Planning in the Town of Lady Lake, Florida; amending the Town of Lady Lake Ordinance No. 81-8-(83), which established the Town of Lady Lake Comprehensive Plan; providing for a large scale future land use map amendment; providing for severability; and providing an effective date.
Accounts Allowed/Courts-Judges
Request to approve and authorize proper signatures on Satisfaction and Release of Fine fully releasing Victoria Ellington from Reduction of Order of Fine, in the amount of $250.00 dated February 28, 2002 and recorded in OR Book 2077 Pages 2341 through 2342 of the Public Records of the Clerk of Court of Lake County, Florida, on March 1, 2002.
Accounts Allowed/Courts-Judges
Request to approve and authorize proper signatures on Satisfaction of Judgment, State of Florida vs. Lisa Barnett Powell, Case No. 88-1861CFA, in the amount of $250.00, fully releasing the Final Judgment Assessing Attorney's Fees and Costs, which was entered on the 20th day of December, 1999, and recorded in OR Book 1141, Page 2500 of the Public Records of Lake County, Florida.
COUNTY MANAGER'S CONSENT AGENDA
Commr. Pool noted that the County Manager had requested that Tabs 10 and 26 be pulled from the regular agenda, to be brought back to the Board at a later time.
Commr. Hanson requested that Tab 8 be pulled for discussion, and Commr. Hill requested that Tabs 5, 6 and 24 be pulled for discussion.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager's Consent Agenda Tabs 3 through 26, pulling Tabs 10 and 26 to be brought back to the Board at a later time, and pulling Tabs 5, 6, 8 and 24 for discussion, and Addendum No. 1, I. A. 1., for the following requests:
Accounts Allowed/Budget Transfers/Road Projects
Request from Budget and Administrative Services for a budget transfer from Special Reserve to Public Works, Roads in the amount of $1,105,242.00. Additional funding of $1,105,242.00 is needed for Road Project 2002-15 to pave Alco and Dexter Roads. Contingent upon approval of Agenda Item 2002-459A at the May 21, 2002 Board meeting.
Accounts Allowed/Elections/State Agencies
Request from Budget and Administrative Services for a budget transfer from Special Reserve to Public Works, Machinery & Equipment in the amount of $160,750.00. Additional funds are needed for the purchase of the new voting machines. The portion of the funding coming from the State of Florida will be less than the amount that was originally budgeted.
Accounts Allowed/Budget Transfers/Public Works
Request from Budget and Administrative Services for a budget transfer from Repair & Maintenance to Public Works, Operating Supplies in the amount of $53,200.00. Funds are needed in Operating Supplies. When the budget was prepared, items such as paint, lights, sealers, and lubricants were budgeted in Repair & Maintenance. Due to changes in budgeting guidelines, these items have been paid from Operating Supplies, overdrawing that account. This amount should handle purchases for the remainder of the fiscal year.
Accounts Allowed/Courts-Judges
Request from Budget and Administrative Services for approval of Check Request (Direct Pay) from the Clerk's Office for payment of Criminal Court costs for April 2002. The request exceeds the County Manager's approval limit of $25,000.00. Total payment is for $33,095.00.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to Shamrock Homes, Inc. in the amount of $1,170.40 due to prepayment certificate was presented after the permit was issued.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to Lisa G. McCutcheon in the amount of $964.54 due to proof of number of bedrooms in previous mobile home was presented after the permit was issued.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to Shamrock Homes, Inc. in the amount of $669.00 due to permit specialist error, school impact fee was overcharged.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to DR Horton, Inc. in the amount of $3,519.10 due to building permits were cancelled, but refund request exceeded the 30-day time limit per the LDR's.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to DR Horton, Inc. in the amount of $3,462.64 due to building permits were cancelled, but refund request exceeded the 30-day time limit per the LDR's.
Accounts Allowed/Impact Fees
Request from Budget and Administrative Services for approval of Impact Fee Refund request to DR Horton, Inc. in the amount of $3,462.64 due to building permits were cancelled, but refund request exceeded the 30-day time limit per the LDR's.
Accounts Allowed/Contracts, Leases & Agreements/Roads-County & State
Request from Procurement Services for approval and execution of addendum to Griffey Engineering, Inc. Contract 02-029, Year 2001 Engineering Services, Nine (9) Roads for preliminary engineering design which includes a large amount of public involvement meetings of Radio Road in the amount of $102,686.00, and Lakeshore Drive in the amount of $180,406.00. There will be design and permitting of Edwards Road in the amount of $93,202.00 with the option to negotiate the final design of Radio Road and Lakeshore Drive at a later date.
Accounts Allowed/Grants/Education/Sheriff's Department
Request from Community Services for approval of distribution of Byrne grant funds among seven local jurisdictions; signature on seven original letters of support; approval of applications for the Sheriff for S.T.A.R. IV, A.C.E.R. IV, and School Resource Officer IV, including cash match as indicated; and signature on grant documents including application, EEO certifications, and subsequent grant related documents (contingent on County Attorney review and approval) in the total grant amount of $181,095.00 and County match of $23,533.00.
Bonds
Request from Growth Management for approval to release a Reclamation Bond for Sunshine Peat Mine held by Lake County pursuant to #93/12/1-2.
Contracts, Leases & Agreements/Municipalities/Road Projects
Request from Public Works for approval and execution of an Agreement with the City of Eustis for a portion of Lone Pine Lane (a non-County maintained road), located in Section 7, Township 19 South, Range 27 East - Commission District 4.
Accounts Allowed/Roads Projects
Request from Public Works for approval and authorization to execute change order #4 to the CR-561 "Part" Widening & Resurfacing Project 2001-16 in the amount of $44,200.00 for resurfacing and restriping #4603 Whitney Road from #4303 South Whitney Road to SR-44 and South Whitney Road from the end to Whitney Road, and to encumber and expend $44,200.00 from the Transportation Trust Fund.
Accounts Allowed/Contracts, Leases & Agreements/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Sunrise Plaza North, all areas dedicated to the public as shown on the Sunrise Plaza North plat, a Developer's Agreement for Construction of Improvements between Lake County and Fidelity Properties Group, LLC, and a Letter of Credit for Performance of landscaping improvements in the amount of $11,716.10. Commercial plat consists of three lots and two tracts for future development - Commission District 2.
Deeds/Rights-of-Way, Roads & Easements/Subdivisions
Request from Public Works for approval and authorization to accept the final plat for Greengrove Estates, all areas dedicated to the public as shown on the Greengrove Estates plat, and a Conservation Easement Deed from Central Development, Inc. Subdivision consists of 188 lots - Commission District 2.
Roads-County & State/Resolutions
Request from Public Works for approval and signature on Resolution 2002-75 authorizing the posting of "No Parking" signs on the east side of CR 44B (5177) through the gore area north of US 441.
Accounts Allowed/Road Projects/Impact Fees
Request from Public Works for approval and authorization to award CR-455 Widening & Resurfacing & SR-50 Intersection Improvements Project No. 2002-12, Bid No. 02-089 to DAB Constructors, Inc. and to encumber and expend funds in the amount of $429,425.42 from the Impact Fee Fund. Commissioner Districts 2/3, Benefit District 5.
Deeds/Rights-of-Way, Roads & Easements
Request from Public Works for approval and authorization to accept six Non-Exclusive Easement Deeds, nine Statutory Quitclaim Deeds, four Statutory Warranty Deeds and one Temporary Non-Exclusive Construction Easement Deed, as follows:
Non-Exclusive Easement Deed
Ronald Collins, et al - Thomas Ave Ext - Rd Project - Book 2103 Page 1498
Ina L. Johnson & Douglas L. Johnson - Thomas Ave Ext - Rd Project - Book 2104 Page 0395
Kristen L. Bartch Family Ltd. Part. - Thomas Ave Ext - Rd Project - Book 2103 Page 1518
Timothy H. Sennett - Thomas Ave Ext - Rd Project - Book 2103 Page 1523
Kristen L. Bartch Family Ltd. Part - Thomas Ave Ext - Rd Project - Book 2103 Page 1544
Timothy H. Sennett - Thomas Ave Ext - Rd Project - Book 2103 Page 1540
Statutory Quitclaim Deed
Ronald & Lorraine Vreeland - Citrus Valley Rd #3-2929A - Rd Project - Book 2103 Page 1489
Timothy H. Sennett - Thomas Ave Ext - Rd Project - Book 2103 Page 1509
Kristen L. Bartch Family Ltd. Part - Thomas Ave Ext - Rd Project - Book 2103 Page 1504
Kristen L. Bartch Family Ltd. Part - Thomas Ave Ext - Rd Project - Book 2103 Page 1514
Timothy H. Sennett - Thomas Ave Ext - Rd Project - Book 2103 Page 1532
Ina L. Johnson & Douglas L. Johnson - Thomas Ave Ext - Rd Project - Book 2104 Page 0399
Kristen L. Bartch Family Ltd. Part - Thomas Ave Ext - Rd Project - Book 2103 Page 1528
Timothy H. Sennett - Thomas Ave Ext - Rd Project - Book 2103 Page 1536
Ronald J. Collins, et al - Thomas Ave Ext - Rd Project - Book 2103 Page 1492
Statutory Warranty Deed
Rodger W. & Elisabeth C. Carroll - Dwight's Rd #2-0539 - Culvert Proj - Book 2104 Page 1857
Christian Retirement Ctr of Mt Dora Inc. - Huffstetler Dr - Rd Project - Book 2104 Page 0399
Christian Retirement Ctr of Mt Dora Inc. - Huffstetler Dr - Rd Project - Book 2104 Page 0404
Park Square Enterprises Inc. - North Hancock Rd - Rd Project - Book 2104 Page 1861
Temporary Non-Exclusive Construction Easement
Christian Retirement Ctr of Mt Dora Inc. - Huffstetler Dr - Rd Project - Book 2104 Page 0395
Accounts Allowed/Contracts, Leases & Agreements
Request from Public Works for approval and signature on an Amendment to DEP Contract AP190 for 2001-2002 decreasing the amount of the contract by $60,000.00 due to low water levels within water bodies due to inability to remove and/or treat invasive plants at this time.
Accounts Allowed/Subdivisions
Request from Public Works for approval and authorization to release a Letter of Credit for Performance in the amount of $330,077.99 that was posted for Royal Highlands Phase 2-A subdivision.
Accounts Allowed/Road Projects
Request from Public Works for approval and authorization to execute change order #2 in the amount of $805.00 for additional striping at the intersection of CR-437 and SR-44 relating to the CR-437 (North) Widening & Resurfacing Project No. 2001-18.
Accounts Allowed/Bids/Road Projects/Impact Fees
Request from Public Works for approval and authorization to advertise for bids for #5108 Thomas Avenue Extension Construction Project No. 2002-14 at an estimated cost of $452,500.00 from the Impact Fee Fund. Commissioner District 1, Benefit District 3.
Accounts Allowed/Maintenance/Subdivisions
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $10,863.13 that was posted for Savannas Phase 2C subdivision. Subdivision consists of 33 lots - Commission District 2.
Contracts, Leases & Agreements/Municipalities
Request from Public Works for approval of the Interlocal Agreement between Lake County and the City of Groveland regarding the maintenance of Sampey Road.
Road Vacations - Permission to Advertise
Request from Public Works for approval of Resolution 2002-76 to advertise Vacation Petition No. 963 by Jeff Carlino representing Fern Wayne to vacate streets in the Plat of Villa City, located in S31, T21, R25 in the Groveland area - Commission District 3.
ADDENDUM NO. 1
COUNTY MANAGER'S CONSENT AGENDA
Accounts Allowed/Contracts, Leases & Agreements
Request from Procurement Services for approval and authorization to execute an Amendment to Rispoli-Sosa Architecture Inc. contract RFP #00-019 for the Judicial Center Parking Lot due to a change in the scope of services and an increase in the cost of the project in the amount of $15,950.00.
LIBRARIES
Commr. Hill addressed the request for approval of the Lake County Library System Technology Plan 2002-2005 and questioned whether they could postpone the General Fund expenditures until they decided at budget time that they can include those.
Mr. Weedy Breeden, Library Services Director, addressed the Board and explained that most of the expenditures are grant funds, as reflected on the last page of the backup as State Aid. Ms. Breeden stated that approving the plan does not commit the Board to implement every part of it. The other items noted as General Fund will be considered during the budget process.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Community Services for approval of the Lake County Library System Technology Plan 2002-2005.
ACCOUNTS ALLOWED/LIBRARIES
Commr. Hill addressed the Board regarding the request from Community Services for approval to submit a grant application for the Marion Baysinger Memorial County Library to the South Lake County Community Foundation Grant for a Spanish Language Core Collection and questioned whether this was a literacy program.
Ms. Wendy Breeden, Library Services Director, stated that this is not a literacy program but, because the library is in a region where the population is increasing in the Hispanic area, they have a very strong literacy component for English as a second language in all of the branches.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Community Services for approval to submit a grant application for the Marion Baysinger Memorial County Library to the South Lake County Community Foundation Grant for a Spanish Language Core Collection in the amount of $10,000.00 - no match is required.
ECONOMIC DEVELOPMENT/TOURISM/RESOLUTIONS
Commr. Hanson read the Resolution recognizing the work of the Chambers of Commerce in Lake County and designating June 2 through 8, 2002 as "Chamber of Commerce Week" in Lake County.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Economic Development/Tourism for approval of Resolution 2002-74 recognizing the work of the Chambers of Commerce in Lake County and designating June 2 through 8, 2002 as "Chamber of Commerce Week" in Lake County.
Commr. Pool recognized Mr. Roy Hunter, a chamber member.
ACCOUNTS ALLOWED/WATER AUTHORITY
Commr. Hill addressed the request regarding the Marsh Park improvement project and questioned whether staff knew what the balance was in the Lake County Boating Improvement Fund.
Mr. Jim Stivender, Senior Director of Public Works, stated that he did not know the balance, but the Boating Improvement Fund is mainly for capital expenses, and they would not be using stormwater funds for the project, because the improvements are to the lake and not related to stormwater management issues.
Commr. Hill noted that the request is under the purview of the Lake County Water Authority and stated that, since they are taking a lead in this project, she was wanting to know whether they have other funding agencies, or know of other sources of funding, for the dredging.
Mr. Stivender stated that staff will maximize their efforts to get the St. Johns River Water Management District (SJRWMD) and other agencies to participate in the project. He noted that the Game and Fresh Water Fish Commission paid for the boat ramp at the park.
Commr. Pool stated that he would like to acknowledge Sheriff George E. Knupp, Jr., and extend his appreciation to him, because he has also provided maintenance crews to help on the banks along the canal.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works to partner with the Lake County Water Authority and provide 50 percent of the funding of a $24,996.00 study to do the engineering, permitting and cost estimate for dredging of the canal from Marsh Park to Lake Yale, for a cost to the County of $12,498.00.
Commr. Pool recognized Ms. Dottie Keedy, City Administrator, City of Tavares, who was present in the audience.
PRESENTATIONS - UNITED WAY
Commr. Hanson asked that the United Way Awards presentation be postponed until later.
CITIZEN QUESTION AND COMMENT PERIOD
Laws and Legislation/Water Resources
Ms. Nancy H. Fullerton, resident of Clermont addressed the Board and stated that she is speaking as a concerned citizen of Lake County, and as President of the Alliance to Protect Water Resources. Ms. Fullerton stated that she is here today to ask the Board to readdress the consideration of a shoreline protection ordinance. She presented to the Board a copy of the Florida Department of Environmental Protection (FDEP) Final Bill Analysis (CS/SB 508 Enrolled), and a copy of part of the Bill that applies and noted that Ms. Elaine Renick, Council member, City of Clermont, was ill and could not be present today.
Ms. Fullerton stated that SB 508 (known as the muck bill) passed both the House and the Senate, and Governor Jeb Bush signed it in March. She came to the Board in February calling the Board's awareness to the fact that this was the third year attempt to get a bill that would allow the clearing of all of the shoreline vegetation. She explained that HB 57 was the current law, and they feel that it was better than what has come after it, and County staff based its previous proposed shoreline ordinance on that law. Ms. Fullerton further explained that, over the past several years, the Board has sent letters opposing bills that were destructive to the County's shorelines.
Ms. Fullerton stated that this year's bill is a bit weaker than last year's bill, as far as protection. She displayed a diagram, which showed what could happen under the new bill, and stated that it could be 100 feet, or 2,000 feet, or two miles that could have total clearance of any aquatic vegetation, and it could extend 100 feet out into the water body. The bill allows a corridor that could extend as far as it can to get to open water. She noted that 25% of the aquatic vegetation would have to be replaced; however, there is only a six month duration that would have to be monitored, and six months is not a complete growing cycle. Ms. Fullerton stated that the opinion of the FDEP is that this is an inadequate plan, as far as replacing the amount that has been removed.
Ms. Fullerton stated that the bill does not protect Outstanding Florida Waters (OFW), but it would still protect aquatic preserves. In discussions with the FDEP, there has been one positive component to the bill, as referenced in the handout as (r) 4. regarding county soil surveys. She further stated that this wetland rule would probably stop the type of situation that occurred at Lake Nellie several years ago, and it might protect the Palatlakaha, but it would be something for the Board to consider making reference to, if they decide to readdress a shoreline ordinance. Ms. Fullerton stated that the bill also does not establish a muck limit.
Commr. Pool stated that he wanted to make sure that what Ms. Fullerton's demonstration shows and what he understands are two different things, because it says very clearly in the analysis that "no activity occurs any farther waterward of the ordinary high water line than 100 feet; the activities are designed and conducted in a manner that will not unreasonably restrict or interfere with the riparian rights of others; no more than 50 feet or 50 percent of a property owners frontage is maintained clear of vegetation for an access corridor." Commr. Pool stated that what Ms. Fullerton is showing to the Board does not show what is being said in the analysis, because the language, as noted, is clear to him. He clarified that the request being made to the Board today is that the Board research what is now going to be allowed and follow through on whether or not it is more restrictive, or less restrictive, or if it helps or hurts the environment.
Ms. Fullerton stated that they have talked about this for three years, and the Board has found that these laws are catastrophic, because they have signed and written their opposition to them. She feels that the thinking has been that there is a need for a shoreline protection ordinance, in order to protect the County against this type of law. She also believes that the County policy acknowledges that shoreline vegetation is a very necessary thing, and they throw money at restoration and then fail to protect what they restore. She stated that she does not need to make this argument, because she knows that the Board believes it and so the question becomes what do they do now, since this bill is a reality. Ms. Fullerton requested that the County write a strong shoreline protection ordinance and, based on the past, she requested that all Commissioners participate in this process and hand it over to staff, and she will try to clarify the diagram.
Commr. Hanson stated that the Board did indicate that, if the laws were changed, they would look at it again, and she appreciated Ms. Fullerton bringing this forward. She questioned whether Ms. Renick and the City of Clermont has looked at possibly developing a shoreline ordinance through the City.
Ms. Fullerton explained that the City of Clermont does not allow any clearing of shoreline beyond 25 feet, and the Alliance to Protect Water Resources has even agreed with the 50 feet established by County staff, which is what HB 57 has in place.
Commr. Hanson stated that the Board will research what has been presented to them, but the last time Ms. Fullerton came forward, the majority of the Board did not vote to approve a shoreline protection ordinance, but it may now, and Ms. Fullerton may want to look at a presentation to the League of Cities and see if she can get all of the cities to do something similar, because they can go over and beyond County law. She stated that this may be a way to move toward more of a universal acceptance.
Commr. Cadwell stated that the Board may need to have staff analyze the Statute and, if there is a way to write an ordinance that will get them back to the protection level that they had without copying the state law completely, then he would like to ask staff to do this and bring it forward. He stated that, if there is a commitment to look at it, then they need to look at it and, if there is not, then the Board needs to tell staff now.
The Board directed staff to prepare an analysis of the Statute that changes the shoreline protection and bring it back to the Board.
Ms. Fullerton was asked to present the diagram for staff to analyze along with the Statute.
PRESENTATIONS - UNITED WAY
Commr. Hanson stated that she had some presentations for those that took a leadership position for United Way this year for the County. She stated that the actual Lake County employees' goal was $22,222.22, which was set by Mr. Bill Gilley, Solid Waste Management Director. The actual amount raised was $19,417.30. At this time, she presented the Top Employee Campaign Manager award to Mr. Gilley.
Commr. Hanson presented Mr. Fletcher Smith, Senior Director of Community Services Director, with the Government Vice Chair Award and noted that Mr. Smith was in charge of all of the government fund raising activities.
Commr. Hanson stated that the United Way goal for Lake and Sumter Counties was actually $1,500,000 and the actual amount raised was $1,285,000 and, even though they did not meet their goal, under the circumstances and the situation last year, they did an outstanding job of raising funds for the two counties. She appreciated all of the employees and those members of the community who participated in the event. Commr. Hanson also wanted to thank Ms. Patti Michel, Public Information Officer, for her video, as well as Ms. Sarah LaMarche, Budget and Administrative Services Director.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
ORDINANCES - PERMISSION TO ADVERTISE
IMPACT FEES
Ms. Wendy Wickwire, Impact Fee Coordinator, addressed the Board to discuss the request for approval to advertise the Repeal of Chapter XV, Lake County Land Development Regulations, Road and School Impact Fees and Adopt Lake County Code, Chapter 22 Impact Fees. Ms. Wickwire explained that this will repeal Chapter XV of the LDRs, based on the opinion from the County Attorney's Office that the impact fees apply to the entire County and, since the LDRs are restricted to the unincorporated County, this information belongs in the Code and not the LDRs. She noted that this request is only to advertise.
Commr. Hill made a motion, which was seconded by Commr. Stivender, to approve the request from Budget & Administrative Services to advertise the Repeal of Chapter XV, Lake County Land Development Regulations, Road and School Impact Fees and Adopt Lake County Code, Chapter 22 Impact Fees.
Under discussion, Commr. Hanson questioned the changes that had been made since it was discussed earlier.
Ms. Wickwire explained that staff attempted to clean up the ordinance and move a lot of the common pieces into the front section of the ordinance i.e. exemptions. She stated that this is only the update to the road impact fees and incorporates the fee schedule the Board recommended in January.
Commr. Hanson stated that they had discussed some modification for light industry in the County.
Ms. Wickwire stated that it was her understanding that the issue involving light industry was going to be an effort outside of the ordinance, to come up with some incentives. The Impact Fee Evaluation and Review Committee made a recommendation that, if this new fee schedule is adopted, it will cut the rate for a day care center in half and does away with the day care center waiver.
Commr. Hanson stated that every time there is a refund on impact fees, they come back to the Board, and she questioned whether this ordinance allows for the County Manager, or designee, to approve those without them coming back to the Board.
Ms. Wickwire noted that the ordinance would allow for any kind of administrative refunds.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval and authorization to execute change order #1 in the amount of $238,200.00 for site work relating to the Lake Idamere Park, and for additional work relating to the CR-448 Extension Project No. 2001-10. Mr. Stivender explained that there are some grant monies that need to be used, and there are Boating Improvement Funds and Fish Conservation Funds. Mr. Stivender stated that staff is requesting approval of a change order and noted that $188,480 in the change order is directly related to Lake Idamere Park, and the rest of it is a normal change order associated with the road itself. He was requesting approval to move forward with the request, with the understanding that the grant will be spent by the drop dead date of October 1, 2002.
Commr. Stivender stated that, because the grant was about to run out, they asked the State if it was appropriate for them to use the funds in this manner, because this is not the original request that went forward to the State.
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval and authorization to execute change order #1 in the amount of $238,200.00 for site work relating to the Lake Idamere Park, and for additional work relating to the CR-448 Extension Project No. 2001-10.
ACCOUNTS ALLOWED/BIDS/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval and authorization to advertise for bids for #9588 Alco Road and #9589 Dexter Road Paving Project No. 2002-15, at an estimated cost of $1,348,500.00 from the Transportation Trust Fund and Sales Tax Fund - Commission District 5.
Commr. Cadwell stated that he met with the County Manager and they are still working on the actual funding formula, which will be brought back to the Board. He was hoping that the Board would approve the request today to get bids, so they can start moving forward as quickly as possible. He noted that this road has been on the books for years, and Commr. Hanson has fought to get it paved, and now it is time to move forward.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to approve the request from Public Works for approval and authorization to advertise for bids for #9588 Alco Road and #9589 Dexter Road Paving Project No. 2002-15 at an estimated cost of $1,348,500.00 from the Transportation Trust Fund and Sales Tax Fund - Commission District 5.
Under discussion, Mr. Bill Neron, County Manager, clarified that the request is only to advertise for the bids, with the funding formula coming back to the Board for approval.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
ACCOUNTS ALLOWED/ROAD PROJECTS
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval to award Huffstetler Drive Phase II Construction Project No. 2002-11, Bid No. 02-090, to Professional Dirt Service, Inc., and to encumber and expend funds in the amount of $959,835.00 from the Impact Fee Fund. Commissioner District 3, Benefit District 2. Mr. Stivender explained that they would be awarding Huffstetler Drive in its entirety, however, the funding is very tight in this benefit district, and the contractors are aware that they may have to phase this job.
Commr. Stivender questioned whether staff has the necessary deeds on the property.
Mr. Stivender stated that he has been assured by Mr. Steve Richey, Attorney, that they will be taken care of. In regard to the balance of the impact fees, Mr. Stivender noted that the check that was deferred last year was returned, in the amount of approximately $330,000.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval to award Huffstetler Drive Phase II Construction Project No. 2002-11, Bid No. 02-090, to Professional Dirt Service, Inc., and to encumber and expend funds in the amount of $959,835.00 from the Impact Fee Fund. Commissioner District 3, Benefit District 2.
ACCOUNTS ALLOWED/MUNICIPALITIES
CONTRACTS, LEASES & AGREEMENTS
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request for approval and signature on an Interlocal Agreement between Lake County and the City of Fruitland Park - Project, Development & Environmental (PD&E) Study on CR466-A in the amount of $300,000.00 out of impact fees. Mr. Stivender stated that, when staff did some of the assessments of roads going through municipalities, they found CR466 in Lady Lake and CR466A through Fruitland Park. Staff found that there was a big impact to the city, and to city residents, so instead of the County taking a lead in the project, they asked the cities if they would take the lead and deal with their individual property owners, and the County would pay for it, therefore, unifying a joint effort.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval and signature on an Interlocal Agreement between Lake County and the City of Fruitland Park - Project, Development & Environmental (PD&E) Study on CR466-A in the amount of $300,000.00.
ADDENDUM NO. 1
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
Mr. Fletcher Smith, Senior Director of Community Services, addressed the Board to discuss a one-time exemption for Employee Policies and Procedures. Mr. Smith stated that the Florida Historical Society is having a President's Reception in the Historic Courthouse on May 23, 2002 from 6:30 p.m. until approximately 9 p.m. They are having their conference from May 22, 2002 through May 25, 2002 in Mount Dora, at the Lakeside Inn. He stated that LakeRidge Winery has made a generous offer to the Historical Society for some wine for the reception for Thursday evening, and it will be poured by the winery staff. Mr. Smith noted that there will be no expense to the County.
Commr. Stivender made a motion, which was seconded by Commr. Hanson, to approve the request from Community Services for a one-time exemption for Employee Policies and Procedures - Section 6.1, due to Florida Historical Society's President's Reception on Thursday, May 23, 2002.
Under discussion, Mr. Bill Neron, County Manager, clarified that the intent of the Personnel Policy is that employees are not to consume wine, or alcoholic beverages, on County property, or on County time and, so there would be no questions asked, staff felt that, to ere on the safety side, they would bring this to the Board.
Mr. Sandy Minkoff, County Attorney, pointed out that Board policy without Board approval would not allow alcoholic beverages to be consumed or served in County buildings.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
ASSESSMENTS/PUBLIC SAFETY
Mr. Bill Neron, County Manager, addressed the Board to discuss current and future issues concerning Fire Assessment Fees and noted that the Board members have been presented with backup information. Mr. Neron stated that staff needs the Board to address future funding, and the special assessment for the fire MSTU that funds fire protection services in the unincorporated area in certain cities that participate as members of the County's fire services proposal. He stated that, in 1998, the Board adopted a five year plan to improve fire protection services in the unincorporated areas of the County, and the plan outlined going from 28 paid firefighters to 75 paid firefighters in that five year program, and it included the addition of a number of new stations. The proposal consisted of a five dollar ($5.00) a year increase in the special assessment to fund these services over five years. Mr. Neron stated that, in reviewing the budgets this fiscal year for the fire district, staff has determined that, over the past four years, rather than adding just 75 firefighters, they have actually added 93 new firefighters and added an additional station over and above what was planned. The proposed budget for next year proposes and recommends that they add an additional 12 firefighters and an additional station over what was planned. Mr. Neron explained that the anticipated number of calls was in the range of 6,000 to 7,000 but they are actually responding to almost 14,000 fire calls in the unincorporated area in those cities which they are serving. In order to fund these increases over and above what was anticipated in previous fiscal years, the reserves of the fire districts were used to fund these increases. Unfortunately there will not be sufficient reserves next fiscal year to fund the current level of staffing, nor to enhance the level of staffing from 93 to 105 firefighters. Mr. Neron stated that staff is recommending that they tentatively approve and send out in the first class notices an increase of the fire assessment, from the $94.50 to approximately $120.00 a year, as the special assessment for the next fiscal year for fire. This will replenish reserves that were used the past couple of years, as well as enhance the level of fire service, from 75 firefighters to 105 firefighters, and increase the number of manned full time stations, which Mr. Neron explained. He noted that one of those stations will be in the Four Corners area and other will be a relocated station in the Astor area.
Ms. Sarah LaMarche, Director of Budget and Administrative Services, addressed the Board and explained that staff would have to advertise the percent increase (25%), for a single family home, and it would be a corresponding increase in commercial.
Commr. Cadwell stated that, when the Board originally set up this plan, the dollar figure was purely related to what they felt the people could stand and how quickly the department would grow, and it has grown quicker than they had anticipated. He stated that, with the Advanced Life Support (ALS) stations, they thought it would be ten or 15 years down the road before they would have these out of the fire stations. Clearly the operation that is being funded in Lake County is distinctly different than what it used to be and, while he knows it is not a popular thing to get additional funds, he feels that this is one area people will not question.
Commr. Hill stated that last week Mr. Sandy Minkoff, County Attorney, had mentioned that there has been a Statute change in regard to RV parks now being commercial. She questioned whether this will hurt or help this situation monetarily.
Mr. Minkoff stated that the Governor did sign the bill and what will result is a reclassification of the way the County will assess hotels and motels to somewhat of a per room, or per space type basis. The goal is that it will be revenue neutral to the County as they work it out and it should not impact this discussion at all. Mr. Minkoff explained that the goal is that it will not have an impact financially on the whole system, and to do hotels and motels and RV spaces as per room or per space, and to come up with a number that would give them the same amount of revenue they had previously.
Mr. Neron stated that staff will need a motion to increase the fire assessment rate schedule by 25% in the various categories, which would then be considered for final approval by the Board during public hearings this summer.
To answer questions about the number of calls that are actually fire related, Mr. Neron stated that staff relies on another agency to do the dispatching, and they are not able to get good statistics under that current record keeping system, but they will be making some changes to the system in the future. In the Villages district, staff found that approximately 75% to 80% of the fire calls answered are not fire emergencies, but other types of emergencies.
Mr. Steve Nash, Public Safety Director, addressed the Board and stated that the calls were fire calls, and they have been medical, or fire related when they arrived at the scene, but the fire department did respond to those calls. Because of the current record keeping system, they are not able to differentiate between medical and fire related calls.
Commr. Hanson stated that, when the Board voted to increase the dollars, she did not vote for the increase, because it excluded almost all of the commercial. The commercial gets a lower rate, assessment wise, because the study that was done showed that there was not that rational nexus of numbers of calls, and the service requirement is not as great for commercial as it is for residential. She stated that this was the reason she voted against it, not because she did not support the fire department. Also, because there is a significant amount of assets in the County that actually do not contribute substantially to the service (vacant lands), it puts an extra burden on the residential community. For that reason, she recommended something that was similar to what the County is doing now in solid waste, in looking at part assessment and part ad valorem, because she feels it is important that everyone pay something, but the County is moving very fast now to get the service where it should be, but much beyond where it has been in the past. She stated that she has to look at it in relationship to the solid waste, and the impact that they will put on the community this year. Commr. Hanson stated that she is willing to go ahead and vote for the 25% increase to get to the public hearing, and then she would like for the Board to go back and look at other options, as she discussed.
Mr. Neron stated that, once the Board sets the maximum amount of the assessment, they cannot go higher than that which is advertised, but they can always come lower. If the majority of the Board wants to consider partial millage, they will need to consider this option when they set the tentative budget rate in July, because they can will not be able to go beyond the determined maximum amount in the public hearings without readvertising. He stated that, in reviewing this budget in detail last week, staff is going to try and include money in the proposed fire budget next year to have the study updated so that they will have the legal basis to look at a lot of the questions being raised by the Board members, as to the rational nexus among the various rate classes.
Commr. Hanson stated that she would support the percentage increase today, in order to get to the public hearing. She stated that it is important to hear from the public and, if the public is willing to pay that much more at this time, then certainly the Board will hear from them.
Mr. Neron stated that, for a single family home, the proposed increase will be about $2 a month, or 50 cents a week. There are some benefits that are received on an individual basis as fire stations are built and located because the Insurance Services Organization (ISO) ratings are affected for the residences and businesses in those areas. Mr. Neron stated that staff will continue to work with the cities in the County to improve their mutual aids and make sure that they are locating the new stations and staffing patterns so that they are getting the best results in those areas.
Commr. Stivender stated that she agrees with Commr. Hanson, that this needs to go forward so they can look at it, but there needs to be more research as to the dollars. She will go along with the Board to advertise it, but her concern involves the issue of raising taxes, because the Board is also addressing the solid waste issue.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to advertise the 25% increase in the fire assessment fee, for a public hearing.
Commr. Pool recognized Mr. Ed Havill, Lake County Property Appraiser, and Mr. Frank Royce, City of Eustis and Property Appraiser's Office, who were present in the audience.
RECESS & REASSEMBLY
At 10:13 a.m., Commr. Pool announced that the Board would take a ten minute recess.
ADDENDUM NO. 1 (CONTINUED)
SOLID WASTE MANAGEMENT
Commr. Cadwell stated that there are two issues at hand today regarding solid waste. He stated that the first is the funding formula that the County is going to use to fund the solid waste, and the other is the question of universal collection. He would prefer that they answer the universal collection question first and then talk about the funding options.
Mr. Bill Neron, County Manager, stated that, at last Tuesday's meeting, staff gave the Board a fairly lengthy presentation on options to provide and fund solid waste collection and disposal services. The Board was presented with a spreadsheet, as they have before them today, outlining the current system and five options for the Board to consider. The Board narrowed those down to Option 2 and Option 4, both of which rely on universal collection being imposed in the unincorporated area. The Board has two decisions to make today, number one, confirm universal collection throughout the unincorporated area and, if that decision is affirmed, then number two, determine whether the special assessment method will be the major method of funding, or a combination of non ad valorem assessment and millage.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to direct staff to move forward with the universal collection and let it be known that it is the Board's intention to have universal collection in Lake County in the unincorporated area.
Mr. Neron stated that the vote just taken by the Board will allow staff to begin planning for the efforts to do the first class mail notice throughout the unincorporated area to those residents, as well as to immediately begin negotiations with the various franchise haulers for the cost of providing collection services, based on a universal collection process.
Mr. Neron stated that, at last week's meeting, the Board approved Option 4 by a 3-2 vote, which was universal collection with a tipping fee of $45 a ton; a non ad valorem of $173.50; at an estimated 1.25 mills. He noted that the Board has before them a memo from him dated May 20, 2002 with an attachment that shows Line of Credit Refinancing. He stated that the County has been under a short term rate with one of the local lenders who has notified the Board, and the Clerk's Office, that they are no longer going to continue a very short term rate, for what has been a very long term line of credit financing. He stated that Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, has done some research, and there is a pool program through the Florida Association of Counties where they estimate they can get a variable rate at 3% for a five year period with a balloon. Mr. Neron explained that, as noted in the information that has been presented to the Board, the figures show that, with Option 4, the line of credit at $11 million at 3% interest rate with a stable monthly payment of $120,000 would result in that loan being paid off in approximately eight years at that rate. If the Board chose to buy down that $11 million by $2.5 million, the payment schedule is reduced from eight years to six years and, if they use the $5 million to buy down the $11 million line of credit, the loan would be paid off in four years, with an interest savings cost that would have a minor impact on the actual rates. Mr. Neron stated that, at this time, staff is recommending that the Board not use the $5 million today to buy down the line of credit. He stated that staff is looking at some other options that might be used to help reduce some of these costs and, until they get the five year capital improvement program done, with a balanced program to the Board, they feel it would be more prudent not to allocate that $5 million of local option sales tax at this time. He noted that this is not to say that later on this summer or, at some point, if they have sufficient sales tax revenue to fully fund all of the other projects, that they could not do this. He stressed that this is a policy decision to be made by the Board. Their recommendation at this time is not to allocate any of the $5 million, in order to give staff a little more flexibility during the budget process, but they will follow whatever direction is given by the Board.
Mr. Neron explained that Option 5 that had a reduction in the millage was using a one time funding source to pay down the loan, but the buy down actually buys down the principal, but you would still have to make an annual payment.
Mr. Jeff Cooper, Support Services Director, Solid Waste, addressed the Board to discuss some of the various scenarios developed by staff to pay down the loan.
Mr. Neron explained that, even though he had previously recommended Option 5, he did not feel that he could support it, because he has gotten better financial information of where the Board might be going in the next fiscal year, and some of the cash carried forward and other things do not look as healthy as once anticipated. He did not want to say that they will be able to find $1.4 million from the General Fund. After considering this entire solid waste collection issue, Mr. Neron stated that he would not want to predict today where they are going to be five years from now, because of the bankruptcy proceedings and other things.
Commr. Cadwell stated that, even if the County gets to a settlement point in the bankruptcy case, he did not want to see the County utilize funds that might help them get out of the contract and that might have some real long range help for the citizens, as opposed to doing this now, which is not going to help them today.
Mr. Neron stated that he did his first detailed budget review of solid waste, and there are some potential savings, but he does not want to offer them at this point, until he sees the full impacts and real savings of those. He stated that they will be brought back to the Board, if they are real savings, at a future time.
Mr. Bill Gilley, Director of Solid Waste, addressed the Board and explained that, included in the $173.50 is an allowance for collection to the haulers of $115 and the remainder of that amount is based on $45 a ton times 1.3 tons being generated by the typical residence in the unincorporated area. The disposal and collection portion is included in that $173.50.
Commr. Stivender stated that there is room for some negotiation with the haulers on their franchises, to bring their costs down somewhat and, because they are going to universal collection, it benefits them as well. She stated that she was not in favor of raising taxes, but this is something that started in 1988, and she wants everyone to understand that they did not create the situation that the County is in today. They are in negotiations with Covanta right now and hopefully there will be some way they can settle this so that the people in Lake County can quit feeding it the money. She stated that, if the Board goes along with the millage, she would like to make sure that the millage is not for the General Fund and will be for solid waste only.
Mr. Neron stated that this will be a Board decision and, from an advertising standpoint, they cannot do a separate line item on the tax bill for this millage, but staff can show the Board exactly what will be the millage required based upon the adopted budget and the non ad valorem assessment and, from a budgetary standpoint, they can earmark that and any future savings can be used to offset, or reduce, that millage.
Commr. Stivender stated that she was in the forefront with the penny sales tax with Mr. Ed Havill, Property Appraiser, and she relayed to the public that they would not just raise taxes so that they had extra money to do things that they did not need to do, and she wants the perception to be clear that, if they are raising the millage, it is to solve the garbage problem.
Commr. Cadwell stated that procedurally all the Board would need to do, as they go through the budget process and, if they approve this, is pass a Board resolution at the same time saying that the money that is generated by the 1.25, or whatever they decide to charge on the millage, is dedicated to solid waste.
Mr. Sandy Minkoff, County Attorney, stated that Commr. Cadwell was correct and actually, when the Board adopts the budget, this line item will show those funds going there.
Mr. Neron clarified that, when the Board raises the millage, it will go to pay for the cost of the collection and disposal system, which includes those items, as mentioned. The solid waste system consists of a landfill and other programs, and the Covanta plant and payment to the haulers and all of those costs go into the budget, and there are a variety of revenue sources that are used to fund that budget. They will be able to track this millage in the solid waste fund, so that the Board can ensure the public that this millage is used exclusively for the solid waste management program.
Commr. Hill stated that she feels that they would not have to use the infrastructure sales tax monies, if they dedicated the millage solely to reduce and pay off the debt, and then the tax provides a real and substantial benefit to all of the residents.
Mr. Neron stated that it will be used to pay off the debt and what Commr. Hanson is proposing is that, in addition to that, they pay down the principal on that debt even further using the local option sales tax.
Commr. Hanson stated that her reason for being so insistent that they use the $5 million to pay down that line of credit is because, when the one cent sales tax was originally approved, one of the very clear uses was to help fund landfill closures, and they had significant costs. They borrowed $19 million that did not have anything to do with the incinerator, but they have never used any of the one cent sales tax for solid waste issues, or if they have, it has been very minimal. She stated that it really did not come to her attention, until she met with the Clerk during budget time, and she was told that the Board could have used those dollars for solid waste issues, but they chose not to, and she feels that the money is there and, if they are not careful, it will be used on other projects that come along. She stated that the debt needs to be paid down, and she is willing to give on the issue of whether they pay down the line of credit, but she will make a motion later to dedicate those dollars to solid waste. She further stated that she wants all of the $5 million used to pay down that line of credit, because it is a responsibility that they have to the citizens of the County to get that paid off as soon as possible.
Commr. Stivender explained that, if the Board uses the $5 million, as being suggested by Commr. Hanson, then it will not be able to do parks, or recreation, and they have to decide whether the garbage issue is more important than all of the other quality of life issues that people are asking for in the County.
In regard to the question of whether the Board should go to the eight years for the $5 million pay down, Mr. Cooper stated that it will reduce the 1.25 by approximately .07 mill.
Mr. Neron reviewed the figures on the handout sheet that reflected ad valorem vs. non ad valorem scenarios using Option 4 and stated that, until staff knows what is happening with the unknown factors, staff does not want to promise the Board future savings and a year from now not be able to deliver on that promise.
Commr. Cadwell explained that, as dollars are added to the non ad valorem assessment reducing the ad valorem portion of it, then it is putting more burden on the County residents and giving the city residents even more of a break. The ad valorem is going to be paid by everyone; the non ad valorem is going to be paid only by County residents.
Mr. Neron stated that basically the proposal that staff presented (1.25 mills and $173.50) assumed at least a $900,000 plus cut in the proposed budget. In looking at the proposed budget this past Monday, staff may have identified some other potential cuts and, before he recommends them to the Board, he wants to thoroughly review those and understand the implications so that, when staff presents them to the Board, they will know the impacts of those cuts on the operation of the system. He stated that this information is being prepared and he will probably not have it for another ten days to two weeks. Today staff is trying to get the Board to decide what mix they want to do, and the maximum level of where they want to set that non ad valorem assessment, because they have to start working on those first class notices. Once that is done, there will be further opportunities to reduce those costs during the budget process, but they have got to set the maximum amount.
Commr. Cadwell stated that he hopes that, in his deliberations, Mr. Neron understands that, if they take the whole $5 million and put it against the line of credit, it gives very little help now, and even in the short future to the residents in their actual pocketbook. It also depletes any money that they would have if they do manage to do something different with the Covanta contract, and they would have to borrow more money. He felt that it may be better to keep the debt they have now, at the interest rates they have now, because, without any short term relief to the taxpayer, he would prefer that they keep that money to have as a tool to use through the negotiations and everything else they will have to do.
Commr. Hanson made a motion to dedicate the $5 million that is currently undedicated of the penny sales tax, to solid waste capital improvements, or to pay back capital improvements. She clarified that this leaves the flexibility but still restricts it to solid waste capital approved items. She stated that it could be for the line of credit, as they move forward into the budget process, but it would tie it to solid waste capital expenditures. She noted that it would make almost a tenth of a mill difference.
The motion died for the lack of a second.
Commr. Cadwell made a motion to move forward with Option 4, which would allow staff to advertise the residential non ad valorem assessment at $173.50 being the maximum, a tipping fee of $45, and an ad valorem millage throughout the County at 1.25358.
Commr. Stivender stated that she will second the motion, if the millage is designated for solid waste only and cannot be used for parks, or anything else.
Commr. Cadwell included in his motion a Resolution to accompany that which says, by Board policy, those additional dollars collected under that millage rate will go strictly to solid waste.
Commr. Stivender seconded the motion.
Under discussion, Commr. Hill clarified that it is not solely to pay off the debt, but to cover the costs of the solid waste system.
Commr. Pool stated that letters from Mr. James Coleman, Town Manager, Town of Lady Lake, and Ms. Gwendolyn Manning, Mayor/Commissioner, City of Eustis, are on file and have been acknowledged.
Commr. Stivender stated that, before the Board votes on the motion, she wanted to thank staff and let them to know that she did not have a problem with the Solid Waste Department; she had a problem with the issue and everything being equitable and everybody being treated fairly. She stated that staff has worked with almost everybody to handle this situation, but she still needs staff to work with Mr. Dan Gordon and Mr. Roy Hunter.
Commr. Hill disclosed that she still thinks it puts it into a dual taxation problem, in regard to cities and, if it was solely to pay the debt off to Covanta, then she could understand but not just to solid waste.
Mr. Neron explained that it involves roughly an $18 million budget and about $11 million of that is almost what staff would call nondiscretionary that goes to the operation of the plant so, if you generate $8 million, you are still dipping into the other revenues for the debt service and operation of the plant. He stated that the Board is going to have the opportunity for a public hearing on the special assessment, and then there will be two hearings on the proposed County budget, which includes the millage, so there will be ample opportunities for the public to be heard and, because of the increase of the assessment and the universal collection, first class notices will be mailed to all of the property owners in the unincorporated area, and the countywide property owners will be notified of this through their trim notice.
Commr. Pool called for a vote on the motion, which was carried by a 4-1 vote.
Commr. Hill voted "no".
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Stivender made a motion, which was seconded by Commr. Cadwell, to approve the appointment of the following individuals to vacant positions on the Lake County Parks and Recreation Advisory Board:
Michael Stone (at-large)
Gerald A. Smith (Lake County School Board)
Jim Myers (Lake County League of Cities)
Michael J. Perry (Lake County Water Authority)
Under discussion, Commr. Hill asked for clarification on the appointment of Mr. Smith, with it being noted that the School Board wanted him to continue serving in this capacity.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of the following individuals to vacant positions on the Lake County Bicycle/Pedestrian Advisory Committee:
Jeff Duke (District 2)
Scot Hartle (District 2)
REPORTS - COUNTY ATTORNEY
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PROPERTY APPRAISER
Mr. Sandy Minkoff, County Attorney, discussed the dates and selection of members to sit on the Value Adjustment Board (VAB) and stated that this may be the last time that the Board members will sit on this Board, because the legislature passed a bill this year that, starting in 2003, the County will move to a special master system, assuming it stays law through the next session. Mr. Minkoff noted that money was only provided was for very small counties. He stated that this year the Board will have to do the same process, unless the Board wanted to use special masters, which the Board has always had that opportunity. The dates being suggested are August 21 and 22, 2002 as dates to hear agricultural and homestead exemptions; and October 2, 3, 4, 2002 to hear property assessments.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved August 21 and 22, 2002 as dates to hear agricultural and homestead exemptions; and October 2, 3, 4, 2002 to hear property assessments, and the appointment of Commr. Cadwell, Commr. Stivender, and Commr. Hill to serve on the VAB
ACCOUNTS ALLOWED/LIBRARIES
Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss the request for approval of purchase of two acres in the amount of $100,000.00 for the Citrus Ridge Library site. Mr. Minkoff stated that the item was placed on the agenda so the Board could see the final contract. The contract does obligate the County to begin building the library within three years from closing, or to sell the property back to the developer at the same price that they paid for it.
Commr. Hill questioned whether the County will be shifting staff, equipment, and furniture to this site.
Mr. Minkoff stated that the facility will be much larger, so there will probably be additional staff and materials.
Commr. Stivender extended her compliments to those staff members who negotiated the contract for $50,000 an acre in that area of the County.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for the purchase of two acres in the amount of $100,000.00 for the Citrus Ridge Library site.
REPORTS - COUNTY MANAGER
MEETINGS/COUNTY MANAGERS
Mr. Bill Neron, County Manager, informed the Board that he would be closing on his house in Pensacola next week, and he will not be present for the Board meeting next Tuesday, but Mr. Gregg Welstead, Deputy County Manager, will be serving as Acting County Manager. He and Mr. Welstead will be out of town this Wednesday through Friday, and Mr. Sandy Minkoff, County Attorney, will be the Acting County Manager during that time.
BUDGET WORKSHOPS/MEETINGS
Mr. Bill Neron, County Manager, stated that he had just handed out to the Board some budget dates, and he needed further direction from the Board. He noted that they have to have a balanced budget and set a tentative millage rate by July 23, 2002. Mr. Neron discussed the Board's tentative calendar, in order to determine dates for the necessary hearings.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the County Manager's budget schedule canceling the Tuesday, July 2, 2002 Board meeting; setting budget workshops Monday through Wednesday, July 8 -10, 2002, with July 9th being a short regular Board meeting; and the adopted September 3rd and September 17th public hearing dates on the budget.
REPORTS - COMMISSIONER HILL - DISTRICT #1
EDUCATION/RESOLUTIONS
Commr. Hill informed the Board that it was her honor to represent the Board at the Lake-Sumter Community College graduation, and she did present the Resolution (2002-4) regarding their 40th anniversary, which will be hung in the appropriate place.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
RESOLUTIONS
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Resolution 2002-77 declaring the month of June 2002 as Safety Month in Lake County.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
LEGISLATURE
Commr. Cadwell discussed a request for the Chairman to write a letter to the U.S. House of Representatives asking for their support for legislation currently under consideration, specifically the Medicare Ambulance Payment Reform Act of 2001, and the Medicare Rural Ambulance Service Improvement Act of 2001. He stated that both of these will have a drastic effect on Lake and Sumter Counties, with the rural act affecting Sumter more than Lake, but they are partners in this, and he hopes that they would support them in their efforts. He stated that approximately 60% of the County's revenues are derived from Medicare payments, and the schedules that are being considered could have a drastic effect. He stated that the County's long range plan is to do away with their subsidy altogether at some point.
Commr. Cadwell made a motion, which was seconded by commr. Stivender, to approve for the Chairman to write a letter to the U.S. House of Representatives asking for their support for legislation currently under consideration, specifically the Medicare Ambulance Payment Reform Act of 2001, and the Medicare Rural Ambulance Service Improvement Act of 2001.
Under discussion, Mr. Bill Neron, County Manager, noted that staff would also concurrently notify the County's Washington lobbyists.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
CONTRACTS, LEASES & AGREEMENTS/MUNICIPALITIES
Commr. Cadwell stated that, once the Board had agreed to assist the City of Umatilla in purchasing the property in the runway protection zone at the Umatilla Airport, he approached a neighbor of the property, and he is willing to swap some of the property in the protection zone for the same amount of property outside of the protection zone. He discussed a drawing of the site and explained the location of the property and stated that he would like staff to negotiate that swap, while the County is trying to close on the other piece for the City.
Mr. Sandy Minkoff, County Attorney, noted that, in order to negotiate the swap, it will take an appraisal.
Commr. Cadwell made a motion, which was seconded by Commr. Hanson, to permit staff to negotiate the swap on land in the protection zone near the Umatilla Airport, for the same amount of property outside of the protection zone, with the property owner, while the County is trying to close on the other piece of land for the City of Umatilla.
Under discussion, Mr. Minkoff stated that staff will clear this proposed swap with the City of Umatilla and their airport consultant, to make certain that it fits in their plan.
Commr. Pool called for a vote on the motion, which was carried unanimously by a 5-0 vote.
MISCELLANEOUS
Commr. Cadwell informed the Board that he enjoyed the tour with Mr. Michael Gallis and myregion.org.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:32 a.m.
ROBERT A. POOL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
TMR/BOARDMIN/5-7-02/5-31-02