A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 13, 2002
The Lake County Board of County Commissioners met in regular session on Tuesday, August 13, 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: Welton G. Cadwell, Vice Chairman; Catherine C. Hanson; Jennifer Hill; and Debbie Stivender. Robert A. Pool, Chairman, was not present. Others present were: William (Bill) A. Neron, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.
In the absence of the Chairman, the Vice Chairman opened the meeting. It was noted that the Commr. Pool, Chairman, was on vacation and not present at this meeting.
Commr. Stivender gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Cadwell, Vice Chairman, informed the Board that there was an Addendum
No. 1 to the Agenda.
Commr. Stivender stated that she would like to add to the Agenda, under her reports, a letter of endorsement for an upcoming fund-raising event.
Commr. Hanson stated that she would like to add several items under her reports.
Mr. Bill Neron, County Manager, stated that he would like to add, to Tab 9 on the Consent Agenda, a statement authorizing the Chairman to sign any necessary contracts relating to that item.
Mr. Sandy Minkoff, County Attorney, stated that he would like to withdraw Tab 30 until a future date, and asked the Board to consider Tab 31 at 11:00 a.m., in conjunction with the presentation scheduled at that time.
MINUTES
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of June 24, 2002 (Special Meeting - BCC and Clermont City Council), as presented.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the Minutes of July 2, 2002 (Regular Meeting), 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 July 8, 2002 (Special Meeting - Budget Workshop), as presented.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the Minutes of July 9, 2002 (Regular Meeting), as presented.
Chairman Pool was not present at this meeting.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the following requests:
List of Warrants
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which will be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk’s Office.
Bonds - Contractor
Request for approval of Contractor Bonds - New, Renewals & Cancellations, as follows:
New
4102-03 Raymond V. Wise d.b.a. Wise Electric Service, Inc.
5393-03 Lennar Homes, Inc./E.B. Hacker
5762-03 James T. Miller d.b.a. Miller Plastering & Stucco, Inc.
5906-03 Michael J. Stauffer
6001-02 James Blake d.b.a. James Blake Lawn Service
6002-02 Thomas D. Kelley
6003-02 Timothy J. Bolduc d.b.a. Integrity Construction, Inc.
6004-02 Robert Walker d.b.a. Norquist Construction Co., Inc.
6005-02 David Stewart d.b.a. Power Link Solutions, Inc. (Electrical
Contractor)
6006-02 Vincent Essing, Aluminum Concrete d.b.a. Southern Skies Prefabrication, Inc.
6007-02 Edwin Button d.b.a. Button Roofing, Inc.
6008-02 John T. Collins
6009-02 William A. Brodie d.b.a. Land Design & Developer, Inc.
6010-02 Victor A. Scine
6011-02 Douglas R. Durling d.b.a. Doug’s Landscaping & Irrigation
Renewals
3077-04 Ken Oliver Roofing
Cancellations
4949-02 David Littiken Plumbing
5596-02 Howard F. Vroom d.b.a. Vrooms Commercial Service
5739-02 Paul R. Canney
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue, Traffic/Criminal Cases, for the Month Ending June 30, 2002, in the amount of $158,523.69. Same period, last year: $147,284.97.
Ordinance - City of Eustis
Request to acknowledge receipt of Ordinance No. 02-44 from the City of Eustis, Small Scale Comprehensive Plan Amendment 2002CPA02. Passed, ordained and approved in regular session of the City Commission of the City of Eustis, Florida, the 6th day of June 2002.
Proof of Publication of Unclaimed Monies
Request to acknowledge receipt of Proof of Publication of unclaimed monies ($1,590.58) and payment to the Board for those monies advertised, less amounts claimed and publication costs. (Pursuant to F.S. 116.21.)
Ordinance - City of Fruitland Park
Request to acknowledge receipt of Ordinance 2002-008 from the City of Fruitland Park, annexing approximately 24.5 acres and rezoning the property from County C-2 (Community Commercial District) and R-1(Rural Residential) to C-2 (General Commercial) and GB (Greenbelt). Passed and ordained by the City Commission of the City of Fruitland Park, Florida, on July 11, 2002.
Minutes - Central Lake Community Development District
Request to acknowledge receipt of Minutes of the August 9, 2001, meeting of the Board of Supervisors, Central Lake Community Development District.
Staff Assisted Rate Case Application - Haselton Village, Eustis, Florida
Request to acknowledge receipt of Staff Assisted Rate Case Application for Haselton Village, Eustis, Florida from the Regional Manager of Chateau Communities, as required by Section 367.091(2) of the Florida Statutes.
Resolution - City of Eustis
Request to acknowledge receipt of City of Eustis Resolution #02-31, endorsing the Lake County Project Priority List for the Florida Department of Transportation Five-Year Work Program (Year 2003/04-2007/08).
Ordinance - City of Eustis
Request to acknowledge receipt of Ordinance No. 02-52, City of Eustis Small Scale Comprehensive Plan Amendment 2002CPA03, pursuant to 163.3187(1)(c) F.S. Passed, ordained and approved in regular session of the City Commission of the City of Eustis, Florida, on July 18, 2002.
Ordinance - City of Eustis
Request to acknowledge receipt of Ordinance No. 02-53, City of Eustis Small Scale Comprehensive Plan Amendment 2002CPA04, pursuant to 163.3187(1)(c) F.S. Passed, ordained and approved in regular session of the City Commission of the City of Eustis, Florida, on July 18, 2002.
Satisfaction of Judgment
Request for approval of Satisfaction of Judgment, State of Florida vs. Garry Lane Grant, Case No. 1997CF000930, in the amount of $750.00, fully releasing and discharging the Final Judgment Assessing Attorney’s Fees and Costs, which was entered on the 27th day of October 1997, and recorded in OR Book 1561, Page 1240, of the Public Records of the Clerk of Circuit Court, Lake County, Florida.
Request for approval of Satisfaction of Judgment, State of Florida vs. Harold Alford, Case No. 01-3167MMA01AC, in the amount of $200.00, fully releasing and discharging the Final Judgment, which was entered on the 6th day of December 2001, and recorded in OR Book 2039, Page 1280, of the Public Records of the Clerk of Circuit Court, Lake County, Florida.
Satisfaction and Release of Fine
Request for approval of Satisfaction and Release of Fine fully releasing Cynthia Ann Ruberd, James W. Hastings, Jr., and Dennis Bryant Hastings, from any claims of the Order of Fine, in the amount of $250.00, dated June 19, 2002, and recorded in OR Book 2134, Pages 261 through 262, of the Public Records of the Clerk of the Circuit Court, Lake County, Florida, on June 25, 2002.
Release of Fine
Request for approval of Release of Fine fully releasing Cathy I. Farrell and Manuel Cortez, Jr. from any claims of the Order of Fine, in the amount of zero dollars ($0.00), dated June 19, 2002, and recorded in OR Book 2134, Pages 263 through 264, of the Public Records of the Clerk of the Circuit Court of Lake County, Florida, on June 25, 2002.
List of Items to be Deleted from Fixed Assets
Request for approval of List of items to be deleted from Fixed Assets for the month of July 2002, in the amount of $809,053.70.
Chairman Pool was not present at this meeting.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hill stated that she would like to pull Tab 11 and Tab 15 for discussion.
Commr. Hanson stated that she had a question on the appropriateness of the $35,000 from the Infrastructure Sales Tax (Fund 301) Reserve under Tab 9. Mr. Bill Neron, County Manager, explained that this is the hardware portion of the program. Commr. Hanson stated that answers her concern on Tab 9.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 - 18, pulling Tab 11 and Tab 15 for discussion.
Under discussion, Commr. Hill disclosed that on Tab 11, her husband, Judge Mark J. Hill, signed the Summary Final Judgment of Foreclosure.
Commr. Stivender amended her motion, and Commr. Hanson amended her second, to approve the County Manager’s Consent Agenda, Tabs 3 - 18, pulling only Tab 15 for discussion. The motion carried unanimously, by a 4-0 vote, for approval as follows, with Chairman Pool not being present at this meeting.
Budget and Administrative Services - Budget
Request for approval of the following:
Budget transfer from the Valencia Terrace Street Lighting Fund - Reserves in the amount of $620.00 and Other Current Charges & Obligations in the amount of $40.00 (total $660.00) to Utility Services in the amount of $620.00 and Communications & Freight in the amount of $40.00 (total $660.00). Valencia Terrace Street Lighting Fund transfer of $660.00 is requested. At the beginning of Fiscal Year 2002, the electric bills from the City of Leesburg for the street lighting in the Valencia Terrace Subdivision were $131.60 per month. Since that time, with no advance notice, the monthly bills have increased to the current $268.87. A transfer is requested to have sufficient funds to pay the electric bills for the remainder of Fiscal Year 2002. Additionally, funds need to be transferred to send unanticipated notices to the affected homeowners for next year’s assessment because the assessment will exceed the maximum amount previously noticed. Funds are available in Reserves for the electric bills and Other Current Charges & Obligations for the postage for the notice mail-out. The reserves have not had sufficient time to build since the effective date of the establishment of this MSBU was October 1, 1999.
Budget transfer from the General Fund - Reserve for Operations in the amount of $17,429.00 to Rentals and Leases in the amount of $15,266.00 and Repair & Maintenance in the amount of $2,163.00 (total $17,429.00). General Fund transfer of $17,429.00 is requested. The lease agreement between the Tax Collector and the Landlord for the Tax Collector’s Office at 15733 Dora Avenue requires that the County pay property taxes on the building. This transfer includes partial costs for taxes for FY 2001 ($1,761.61) and the full cost for FY 2002 ($13,924.45). Additionally, funds need to be transferred to pay the Tax Collector’s portion of the telephone maintenance contract, which was not included in the original budget.
Budget transfer from the General Fund - Aids to Government Agencies to Public Works, Improvements Other than Buildings in the amount of $45,000.00. General Fund transfer of $45,000.00 is requested. In FY 2001, the Parks and Recreation Advisory Board recommended and the BCC awarded a $25,000.00 grant to the Friends of Astor Park. In FY 2002, an additional grant of $20,000.00 was recommended and awarded for the purchase and installation of ball field lighting and for other miscellaneous improvements. Per instructions from the County Finance Department, these grant dollars must be transferred to the Improvements Other than Buildings account for expenditure purposes, since Astor Park is a County-owned park. In addition, an Agenda Item from the Public Works Department will be brought before the Board at the August 13 BCC meeting to award a bid for the ball field lighting.
Budget transfer from County Transportation Trust Fund - Machinery & Equipment to Public Works, Machinery & Equipment in the amount of $58,278.00. Capital substitution of $58,278.00 is requested to purchase a heavy duty 1-ton truck with signal lift apparatus to be used by the Traffic Signal Technician position that was approved at the May 7 BCC meeting. Funding is available because of several equipment purchases being made at less than budget, and because budgeted loader buckets will not be purchased.
Request for approval of Resolution No. 2002-110 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $1,000.00 deposited into Other Miscellaneous Revenues, and provide appropriations for the disbursement for Promotional Activities for the Central Florida Fair.
Request for approval of Resolution No. 2002-111 to amend the Stormwater Management Fund in order to receive unanticipated revenue for Fiscal Year 2001/2002 in the amount of $26,017.00 deposited into Hazard Mitigation Grant - Federal ($22,424.00) and Hazard Mitigation Grant - State ($3,593.00), and provide appropriations for the disbursement for Improvements Other Than Buildings for the replacement of the Tracey Canal Culvert and Green Swamp Culvert.
Request for approval of Impact Fee Refund request to Shamrock Homes, Inc. in the amount of $669.00 due to applicant being charged in error after presenting a pre-payment certificate for school impact fees (Invoice #2002060466).
Request for approval of Impact Fee Refund request to Shamrock Homes, Inc. in the amount of $669.00 due to applicant being charged in error after presenting a pre-payment certificate for school impact fees (Invoice #2002060404).
Budget and Administrative Services - Procurement Services
Request for approval and authorization of the implementation and upgrade of telecommunications wiring infrastructure (Category 6 Cabling) to the State Attorney’s Office, 3rd floor, by Advanced Communications Services, Inc. (ACS) in the total amount of $60,079.69.
Request for approval and authorization to award RFP 02-101, and execute a contract, subject to the County Attorney’s approval, to L V Vending, Inc. to provide vending services to the County.
Request for approval and authorization to award RFP 02-053 for On Call Architectural Services, encumber funds, and authorize continuing contracts, subject to the County Attorney’s approval, to McGhee-Jones, Inc. and Vitetta.
Request for approval and authorization to award RFP 02-067, encumber funds and authorize a contract, subject to the County Attorney’s approval, to US Liquids of Florida, Inc. at an estimated amount of $85,000.00 (per year) for hazardous waste management services.
Request for approval and authorization to award Bid #02-088, encumber funds and authorize a Purchase Order to Cobble-Stone Electric, Inc. in the amount of $32,690.00 for ball field lighting for Astor Park Little League Field.
Request for approval and authorization to purchase Budget Software System for the Office of Budget & Administrative Services in the amount of $216,250.00; and approve a budget transfer of $35,000.00 from the Infrastructure Sales Tax (Fund 301) Reserve and $181,250.00 from the General Fund Reserve for Contingency; and authorize the Chairman to sign any necessary contracts relating to this item. The Budget Software is $170,445.00 from Adaytum and the hardware, backup/recovery, database licensing, and Windows 2000 Cal based on three servers and 70 users is $45,805.00 from vendors under State Contracts.
Community Services
Request for approval and signature on the renewal of Sub-Lease between Armory Board, State of Florida and Lake County Board of County Commissioners for five years for one-acre of land being used by the Horticultural Learning Center.
Economic Development & Tourism
Request for approval to declare as surplus, advertise as required, and sell “as is” to the highest and best bidder, property located in Groveland, which was processed through the Code Enforcement Lien Process and purchased through Court sale.
Request for approval to declare as surplus, notify other adjoining property owners, and effect a private sale of real property described as East Umatilla Lot 21, Block 15, Alternate Key 1227313 to Richard Olson.
Request for approval and execution of a Real Estate Purchase and Sales Agreement from J.C.J. Family Partnership, Ltd. or Assigns, of Orlando for 5.0 plus or minus acres of Lot 1, Phase 1, of the Christopher C. Ford Commerce Park in the approximate amount of $175.000.00.
Request for approval to change the minimum criteria for payment of Jobs Growth Investment Trust Funds to allow award of funds if a company pays a minimum of 115% of the average annual hourly wage in Lake County.
Public Safety
Request for approval and execution of Hazards Analysis Grant Agreement between the Department of Community Affairs, Division of Emergency Management and the Lake County Board of County Commissioners in the revenue amount of $15,798.00.
Request to establish a revenue and expenditure account in Fire Rescue Fund 168 for the September 11th Memorial Ceremony. These accounts are necessary to track the receipts of unanticipated revenues and the expenditures made for the September 11th Memorial Ceremony. Should the anticipated expenses exceed the donations for this event, there may be a need to expend the County resources in Fund 168 to cover these costs.
Public Works
Request from Public Works for approval and authorization to advertise for bids for the Lake Dora Road Drainage Improvements Project No. 2002-17 at an estimated cost of $88,182.50 from the Stormwater Management Fund - Commission District 3.
ADDENDUM NO. 1
PRESENTATION - CHANGE IN VOTER PRECINCT BOUNDARIES
Ms. Emogene Stegall, Lake County Supervisor of Elections, addressed the Board and stated that the Florida Legislators have given Lake County four Congressional Districts (Districts 3, 5, 6 and 8), two Senate Districts (Districts 15 and 20), and four House Districts (Districts 21, 25, 41 and 42). She stated that in order to conform to these lines, Lake County has changed the Voter Precinct Boundaries in 50 Precincts, and has created nine new Precincts, making a total of 95 Precincts. She made note of the assistance of Lake County’s Geographic Information Services Department (GIS) and stated that their assistance saved hundreds of tax dollars. She referred to a new Precinct District map that was included in the hand-outs and asked for approval by the Board. Ms. Stegall added that new voter identification cards and a sample ballot, which will reflect new district lines and polling places, will be mailed in about ten days.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the change in Voter Precinct Boundaries.
Chairman Pool was not present at this meeting.
PERSONAL APPEARANCES
EMPLOYEE AWARDS
The Vice Chairman presented the following Employee Awards:
Award to Employees with Five Years of Service
Jennifer S. Myers, Training/Permitting Specialist, Growth Management/
Building Services
Jimmy Terry Scott, Jr., Equipment Operator III, Public Works/
Road Operations/Maintenance Area III
Award to Employees with Ten Years of Service
Allan B. Hewitt, Water Resource Director, Growth Management/
Water Resource Management
Deborah E. Tinis, Facilities Financial Coordinator, Public Works/
Special Services/Administrative Services
Award to Employees with Fifteen Years of Service
Thomas L. Elmore, Audio-Visual Specialist, Public Works/
Special Services/Facility Management
Christopher D. Goldsmith, Equipment Operator III, Public Works/
Road Operations/Maintenance Area II
Award to Employees with Twenty Years of Service
Steven M. Lee, Assistant Area Maintenance Supervisor, Public Works/
Road Operations/Maintenance Area III
Richard A. Roof, Senior Environmental Specialist, Growth Management/
Water Resource Management
Presentation of Employee of the 2nd Quarter
Debbie Butterworth, Equipment Operator III, Public Works/
Road Operations, Maintenance Area I
Presentation of Supervisor of the 2nd Quarter
Martin “Skip” Nemecek, Chief Plans Examiner, Growth Management/
Building Services/South Lake Annex
Presentation of Bright Idea Award for Automation of Employee Job Posting
Deann Schultz, Human Resources/Personnel
Presentation of Workgroup Recognition Award for the Emergency Action Response to Include the Threat in Progress Report Card
Allan Hewitt, Growth Management/Water Resource Management
David Crowe, Solid Waste Management/Special Programs
Tony Deaton, Community Services/Probation Services
Christina Hannon, Budget & Administrative Services/Risk Management
PRESENTATION - LAKE COUNTY COMPREHENSIVE HEALTH CARE COMMITTEE
Ms. Leslie Longacre, Sub-Committee Chairman of the Lake County Comprehensive Health Care (CHCC) and CEO of South Lake Hospital, addressed the Board and introduced other Committee members, Ms. Allison Thall, Mr. Mark Williams and Ms. Annacelia Gander. Ms. Longacre stated that today’s presentation is an Interim Report to the Board relating to coordinated health care practices. She referenced the handout material and added that today’s presentation would include the vision, the current situation, strategies to move from the current situation to vision, and the status of the 1999 health care report.
Ms. Longacre acknowledged the outside resources of the North Central Florida Health Planning Council and the consulting services of Mr. David P. Rogoff. She explained that the CHCC’s charge is “to devise a method of funding mental health, speciality care, clinics, and medications through partnerships and outreach programs.” She remarked that several goals have been accomplished, such as:
• Increasing the number of residents who can obtain timely and affordable primary care services.
• Ensuring the delivery of the “right services at the right time from the right provider.”
• Ensuring that services are provided in a cost-effective manner through coordinated health care.
Ms. Longacre stated that the CHCC Sub Committee’s charge is “to conduct an in depth study of these funding mechanisms to determine where the dollars are currently in the County and where they are spent.”
Mr. David P. Rogoff, Health Care Consulting, continued the presentation by explaining why the CHCC’s efforts are important. He stated that the whole concept of rising health care costs means that more employees, insured and uninsured, are having to pay more out-of-pocket money. He emphasized that the community and the quality of life of the community are affected.
Mr. Rogoff referenced the CHCC’s Report to the Board and talked about the vision of comprehensive, coordinated health care. He stated that there are core services such as primary care, prevention, dental access, pharmacy services and primary mental health care. He continued by saying services are delivered by hospitals, specialty services, behavioral health services and community social services. He added that CHCC’s vision is to have more coordination, and take advantage of activities and assets in the community.
Mr Rogoff compared the CHCC’s 1999 study recommendations to the current strategies such as:
• Increased partnerships.
• Provide county-wide services and access when cost effective.
• Utilize Lake County CHCC as the initial guiding coalition.
• Build upon Health Link as the infrastructure for outreach and coordination.
• Identify and enact ongoing funding strategies.
Mr. Rogoff elaborated about the report’s geographic provider partnerships in both the North Lake Hospital District and the South Lake Hospital District, and mentioned county-wide partners such as Lake-Sumter Community College, Healthy Start, and We Care. Mr. Rogoff explained the report’s 2001 chart for Lake County’s Uncompensated Health Care Contributions and the chart related to uninsured employees. He noted that the number of uninsured and under insured employees has gone up dramatically since 1999. He stated that one of the next steps of the CHCC and the Board of County Commissioners is to ensure that health care providers are providing in the most efficient manner possible, before considering additional subsidies, and to ensure that providers are maximizing their ability to leverage outside funds. He stated another step is to identify financial strategies.
Ms. Longacre stated that the CHCC is looking at the growth and needs of different districts of the County.
Mr. Rogoff explained FQHC (Federally Qualified Health Clinic) funding.
Mr. Mark Williams, a Comprehensive Health Care Committee member and CEO of Community Health Centers, addressed the Board and further explained expansion funding that is available from the federal government. He stated that a second pool of money is state money, under House Bill 615, for expansion of FQHC’s. He pointed out that collaboration between existing organizations, such as the FQHC, the hospitals, the health department, mental health agencies, and others, will help in developing and attracting federal and state dollars.
Commr. Hanson asked what other opportunities for revenue are available for the uncompensated care for hospitals.
Ms. Longacre stated that many issues should be addressed, including duplication of services and access to services, additional tax dollars, and leveraging of funds. She added that health care, and the quality of life it affords, is a very important issue. She complimented the work of the CHCC and the expertise provided by Mr. Williams. She restated that today’s presentation is an update and that the CHCC is not asking the Board for any action today. Mr. Rogoff commented that his services are provided by the federal government and the National Association of Counties.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to present questions or comments to the Board.
COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)
GROWTH MANAGEMENT - STORAGE TANK CONTRACT AMENDMENT
Commr. Hill informed the Board that she asked that this request, Tab 15, regarding approval of the Storage Tank Contract Amendment No. 5 to include Level III Enforcement, be pulled from the County Manager’s Consent Agenda, for discussion. Commr. Hill questioned the following statement, “If penalties are received from county enforcement activities, the CONTRACTOR (meaning the County) shall reimburse the Department of Environmental Protection (DEP) the costs of any inspections needed beyond the initial reinspection.”
Commr. Hill asked if the County would need to reimburse DEP for any reinspections, beyond the initial inspection, and asked how the County would handle any future multiple reinspections.
Mr. Sandy Minkoff, County Attorney, stated that if, in fact, the County obtains fine money, then the County would have to share some of that fine money with the State, to the extent that the State was involved in the inspections. He added that any costs to the County should not exceed the penalty fine money which is received.
Ms. Sharon Farrell, Senior Director of Growth Management, stated that this is the County’s first experience with Level III Enforcement, that this is a contract for services, and she doesn’t anticipate any future major problems, partly because, over the last four years, older tanks have been replaced with reinforced fiberglass tanks, and the soil has been inspected.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the amendment to include Level III Enforcement in the Lake County/State of Florida Storage Tank Contract.
Chairman Pool was not present at this meeting.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES - APPROVAL TO MERGE THE CITY OF LEESBURG SECTION 8 HOUSING CHOICE VOUCHERS WITH THE LAKE COUNTY SECTION 8 HOUSING CHOICE VOUCHERS
Mr. Fletcher Smith, Director of Community Services, addressed the Board by stating that within Lake County there are two, almost identical, rental assistance programs. He stated that it is logical to combine the two programs. He added that this merger should provide faster and better service, both to the citizens of the City of Leesburg and the citizens of Lake County, and reduce some confusion with currently duplicated waiting lists.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board approved the merger of the City of Leesburg Section 8 Housing Choice Vouchers with the Lake County Section 8 Housing Choice Vouchers.
Chairman Pool was not present at this meeting.
PUBLIC SAFETY - APPROVAL TO EXECUTE A CONTRACT ADDENDUM WITH SPRINT FOR AN ADDITIONAL ISDN-PRI SPAN TO LAKE COUNTY’S TELECOMMUNICATIONS NETWORK
On a motion by Commr. Hanson, seconded by Commr Stivender and carried unanimously, by a 4-0 vote, the Board approved the execution of a contract addendum with Sprint for an additional ISDN-PRI span to Lake County’s telecommunications network.
Chairman Pool was not present at this meeting.
PUBLIC WORKS - APPROVAL OF A LEASE AGREEMENT BETWEEN LAKE COUNTY AND THE CITY OF MASCOTTE CONCERNING THE MASCOTTE MAINTENANCE BARN
Mr. Jim Stivender, Public Works Director, addressed the Board and requested that the City of Mascotte be permitted to lease the Mascotte maintenance barn from the County, for a period of three years. He stated that the County will continue to be allowed to park equipment on the site.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the lease agreement between Lake County and the City of Mascotte relating to the Mascotte Maintenance Barn.
Chairman Pool was not present at this meeting.
OTHER BUSINESS
APPOINTMENTS TO ELDER AFFAIRS COORDINATING COUNCIL
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the appointment of Commr. Hanson as County Commissioner Liaison to the Lake County Elder Affairs Coordinating Council.
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board appointed the following individuals to vacant positions on the Lake County Elder Affairs Coordinating Council:
District 1
Ms. Ellen M. Miller
Mr. Ron Seidel
District 3
Mr. Donald Martin
Ms. Dee (Dolores) A. Miller
District 4
Ms. Diana Graeber
Mr. Kent Youngren
District 5
Mr. Roy Hunter
Ms. Carol Clendinen
It was agreed that the District 2 appointments would be made at a later date because Commr. Pool was not present at this meeting.
APPOINTMENTS TO BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed Mr. Richard Dunkel, Mr. Jerry Dambro, and Mr. James Cartmill to vacant positions on the Bicycle/Pedestrian Advisory Committee.
Chairman Pool was not present at this meeting.
APPOINTMENT TO BOARD OF BUILDING EXAMINERS
Commr. Cadwell requested that this appointment be made at a later date.
APPOINTMENT TO LAKE COUNTY CITIZENS’ COMMISSION FOR CHILDREN
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed Mr. Scott Wynn to the vacant position on the Lake County Citizens’ Commission for Children.
Chairman Pool was not present at this meeting.
APPOINTMENTS/REAPPOINTMENTS TO THE BOARD OF DIRECTORS OF THE NORTH CENTRAL FLORIDA HEALTH PLANNING COUNCIL
On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board reappointed Mr. Steve Bragg, Consumer Position, and appointed Ms. Maria Bello to the vacant Provider Position, on the Board of Directors of the North Central Florida Health Planning Council.
Chairman Pool was not present at this meeting.
APPOINTMENT/REAPPOINTMENT TO THE LAKE COUNTY TRANSPORTATION DISADVANTAGED COORDINATING BOARD
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed Ms. Mary Peay-Brown to a vacant position as Citizen Advocate/User Representative, and reappointed Ms. Mary Link Bennett to the position of Person over 60 Years of Age Representing the Elderly, on the Lake County Transportation Disadvantaged Coordinating Board.
Chairman Pool was not present at this meeting.
APPOINTMENT TO LAKE COUNTY CULTURAL AFFAIRS COUNCIL
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board appointed Mr. John Askew to a vacant position on the Lake County Cultural Affairs Council.
Chairman Pool was not present at this meeting.
REPORTS - COUNTY ATTORNEY
AGREEMENT BETWEEN LAKE COUNTY AND BRETT L. SWIGERT, P.A.
Mr. Sandy Minkoff, County Attorney, stated that there are occasions when the County has to foreclose Code Enforcement liens without being able to locate or serve the defendant and requested the Board renew Lake County’s agreement with Brett Swigert.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the renewal of the agreement between Lake County and Brett L. Swigert, P.A., relating to outside legal services.
Chairman Pool was not present at this meeting.
ADDENDUM NO. 1
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
PUBLIC WORKS - CHANGE ORDERS FOR CLERK’S PUBLIC RECORDS CENTER
Mr. Jim Stivender, Director of Public Works, addressed the Board to request approval for two Change Orders for the Clerk’s Public Records Center, the scope of work not to exceed $141,886 for building elevation modifications and shelving. He stated that Change Order #1 involves work on the exterior of the building that was not originally bid. He added that this change will be to replace the glass on the front of the building to meet hurricane requirements. He continued by saying this enhancement work is not to exceed $115,000. Mr. Stivender explained that Change Order #2 is for roller shelves at a cost of $26,886.
Commr. Stivender made a motion, which was seconded by Commr. Hanson, to approve the request for two Change Orders, the scope of work not to exceed $141,886, for exterior building elevation modifications and shelving for the Clerk’s Public Records Center.
Under discussion, Commr. Hill stated that the numbers have been scrutinized and that the project is still within budget.
The Vice Chairman called for a vote on the motion, which was carried unanimously, by a 4-0 vote.
Chairman Pool was not present at this meeting.
RECESS AND REASSEMBLY
At 10:25 a.m., the Vice Chairman announced that the Board would recess until 10:45 a.m.
ADDENDUM NO. 1 (CONTINUED)
REPORTS - COUNTY MANAGER
RESOLUTION OF SUPPORT
Mr. Bill Neron, County Manager, addressed the Board and stated that the City of Groveland requested a Resolution in the support of acquisitions of Florida Water Systems. He stated that because other cities may be involved, a generic Resolution of Support is being presented for approval.
Commr. Stivender commented that she had a discussion with the League of Cities, and they want to make sure their utility districts are included, not their incorporated boundaries.
Mr. Gregg Welstead, Deputy County Manager, clarified that the Florida Statute defines their districts as Municipal Public Works Service Areas.
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board voted for approval and signature of Resolution No. 2002-112 in support for cities in Lake County for acquisition of private utility services owned by Florida Water Systems.
Chairman Pool was not present for this meeting.
ADDENDUM NO. 1 (CONTINUED)
REPORTS - COUNTY MANAGER
FLORIDA ASSOCIATION OF COUNTIES LEGISLATIVE SURVEY
Mr. Bill Neron, County Manager, stated that the County has had a request from the Florida Association of Counties (FAC) to respond to their 2003 Legislative Issues Survey. He added that this survey will help the FAC prepare for their legislative package.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved submittal of a response to the Florida Association of Counties 2003 Legislative Issues Survey.
Chairman Pool was not present at this meeting.
REPORTS - COUNTY MANAGER
UPDATE ON STATUS OF NEGOTIATIONS WITH SOLID WASTE FRANCHISE HAULERS
Mr. Bill Neron, County Manager, addressed the Board and gave a status report on the negotiations with the three solid waste franchise haulers. He stated that staff members met with each of the franchise haulers to renegotiate the rates. He added that the advantage to working with franchise haulers, under universal collection, will involve certain billing efficiencies. He reported that a tentative agreement has been met with each of the three franchise haulers, and that the agreements are within the target set by the County in the proposed budget arrangements. He commented that this subject is on today’s agenda because the agreement with the third and final hauler has just recently been made. He noted that an amendment to the franchise agreement is being drafted by the County Attorney and will reflect these agreed upon rates. Mr. Neron stated that the proposed amendment will be presented to the Board on August 27, 2002. He indicated that the fiscal implications of the reduced rates will be presented to the Board during the budget workshop session scheduled for August 19, 2002. He reiterated that this is a status report advising that a tentative agreement has been reached, and that the proposal is to be implemented by October 1, 2002.
REPORTS - COUNTY ATTORNEY
REQUEST FOR APPROVAL TO ADVERTISE ORDINANCE IMPOSING AN ADDITIONAL $3.00 FEE FOR EACH CIVIL TRAFFIC PENALTY
Mr. Bill Neron, County Manager, announced that, during the break, Rep. Irving Slosberg, D-Boca Raton, called to say he had been delayed, and would not be present at today’s meeting. Mr. Neron stated that Rep. Slosberg encouraged the Board to advertise the proposed Ordinance, imposing an additional $3 penalty on Civil Traffic Citations, for public hearing. Mr. Neron commented that, if the Board approves to advertise the proposed Ordinance, he will notify Rep. Slosberg and the School Board for their input.
Commr. Cadwell pointed out that those funds could be used for driver education classes, in both public and private schools.
Commr. Hanson made a motion to approve advertisement of the proposed Ordinance imposing an additional $3.00 fee for each Civil Traffic Penalty.
At this time, Commr. Cadwell, Vice Chairman, passed the gavel to Commr. Hanson in order to second the motion.
Commr. Hanson called for a vote on the motion, which failed, by a 2-2 vote. Commissioners Stivender and Hill voted “No.”
Under discussion, Commr. Hill stated that she thinks there should be input by the School Board prior to enacting an Ordinance because the amount of money raised, about $100,000 annually, could not cover the cost of a driver education program. More concerns were expressed regarding having more information from the School Board and private schools, their interest in this type of program, and the costs of funding such a program.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board directed the County Manager to get additional information, and approved putting the item on the Board’s agenda at a later date.
Chairman Pool was not present at this meeting.
REPORTS - COMMISSIONER POOL - CHAIRMAN AND DISTRICT #2
CANVASSING BOARD APPOINTMENT
Vice Chairman Cadwell noted that the Board Chairman normally serves on the Canvassing Board, but because Commr. Pool is running for reelection and won’t be able to serve, Commr. Pool had recommended the appointment of Commr. Cadwell to the Canvassing Board.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved the appointment of Commr. Cadwell to the Canvassing Board.
Chairman Pool was not present at this meeting.
REPORTS - COMMISSIONER STIVENDER - DISTRICT #3
LETTER OF ENDORSEMENT
On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 4-0 vote, the Board approved the request for a letter of endorsement, signed by the Chairman, for the purpose of advertising, for the Central Florida Dragon Boat Festival, which is a fund-raising event to be sponsored by the Tavares Rotary Club and the newly formed Tavares Kiwanis Club.
Chairman Pool was not present at this meeting.
REPORTS -COMMISSIONER HANSON - DISTRICT #4
MT PLYMOUTH-SORRENTO URBAN NODE SMALL AREA STUDY
Commr. Hanson asked for an update from staff members at the next Board meeting on the Mt Plymouth-Sorrento Urban Node Small Area Study.
Commr. Cadwell added that he would like to have a consultant present, as well as notify the committee participants.
Mr. Bill Neron, County Manager, said he will place the item on the Board’s next agenda if the consultant is available, or whenever the consultant can be present.
REPORTS -COMMISSIONER HANSON - DISTRICT #4
LAND ACQUISITION STUDY COMMITTEE
Commr. Hanson asked that the appointment of committee members for the Land Acquisition Study Committee be placed on the Board’s next agenda.
Mr. Gregg Welstead, Deputy County Manager, stated that he had planned to have those appointments on the agenda on August 27, 2002, and that he anticipates more applicants by that date.
Mr. Sandy Minkoff, County Attorney, stated that the committee meets under Florida’s Sunshine Law, but that a financial statement is not required for members of this committee.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
ENVIRONMENTAL PROCUREMENT POLICY
Commr. Hanson stated that another county is working on an Environmental Procurement Policy and asked if such a Policy is coming before the Board.
Mr. Bill Neron, County Manager, answered that he has a draft of that Policy, which he will review, and bring before the Board at a later date.
REPORTS -COMMISSIONER HANSON - DISTRICT #4
DESIGNATION OF WOLF BRANCH ROAD AS A SCENIC ROAD
Commr. Hanson stated that she would like to recommend that Wolf Branch Road be designated as a Scenic Road, in the local comprehensive plan, and would like a recommendation to be placed on the Board’s agenda at a later date.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
STATUS OF EVALUATION AND APPRAISAL REPORT (EAR) PROCESS
Commr. Hanson inquired about the status of the Evaluation and Appraisal Report (EAR) process, remarking that it has been a very slow bureaucratic process. While acknowledging that approval by Planning and Zoning (P&Z) is necessary before coming before the Board, she requested that those elements already approved by Planning and Zoning be brought forward to the Board.
Ms. Sharon Farrell, Senior Director, Growth Management, stated that three elements, Economic Development, Solid Waste and Transportation, are scheduled for either the first or second Tuesday in September. She stated that Planning & Zoning has asked for a workshop on the Potable Water element, and that the Conservation element is approximately 85% completed. Ms. Farrell added that Planning & Zoning has been having big agendas and that they are working as quickly as they can. She explained how other counties deal with who the local planning agency actually is, and that it varies from county to county. She added that in some counties issues go directly to their Board, while some counties have a long-range planning committee, and some counties have smaller groups just for comprehensive planning work. She stated that the process is at an individual county’s discretion.
Mr. Bill Neron, County Manager, stated that there is a variety of ways to approach the comprehensive planning and zoning review, and that there has been some very preliminary discussions between staff members about suggested changes that could be brought to the Board. He added that he isn’t prepared to make any changes, at this point, to the current system. Mr. Neron stated that he is aware of the change to the Florida Statutes and will be coming back to the Board at a later date with suggestions.
Ms. Farrell estimated that the EAR process would be completed within nine months, and Commr. Hanson suggested that the County look at ways to streamline the process.
Mr. Neron stated staff members would review the information and provide a tentative schedule for completion of the process to the Board, hopefully, by August 27, 2002.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
MEETINGS
Commr. Hanson stated that there have been recent newspaper articles that have called the Board’s quasi-judicial meetings secret meetings. She emphasized that, while the Board may have private meetings, the Board does not have secret meetings. She added that notice is given on zoning and land use issues, that it is public record, and is disclosed as to whom the Board meets with, when the Board meets, and what the Board talks about during private meetings. She stated that the Board has relaxed the rules, in line with other counties in the State, for allowing private meetings, and that she has had concerns by citizens, in her district, who have expressed that she has not been accessible to them.
Commr. Stivender stated that she talks to as many citizens off the street as those who come before the Board for requests, and that the newspaper should portray the benefits private meetings have for both sides of an issue.
Commr. Hanson suggested that it might be helpful if the County Attorney would write a letter to the editors explaining the County’s quasi-judicial process and the requirements involved.
A motion was made by Commr. Hanson and seconded by Commr. Stivender to direct the County Attorney to write an informational letter to the newspaper editors.
Under discussion, Commr. Stivender pointed out that citizens watching the meeting are getting the information now; Commr. Cadwell added that citizens can get the information, on their own, from the County Attorney’s office; and Commr. Hill suggested putting the information on the web site.
Commr. Hanson withdrew her motion, Commr. Stivender withdrew her second, and no action was taken.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
JOINT PLANNING AREAS
Commr. Hanson stated that she had spoken with Ms. Elaine Renick, Clermont City Council Member, regarding Joint Planning Areas (JPAs), and that Ms. Renick indicated that, perhaps, the cities might share the cost with the County to bring Dr. Lance deHaven-Smith, Professor at Florida State University, to a planning session.
Mr. Bill Neron, County Manager, informed the Board that Dr. deHaven-Smith was present three or four weeks ago at an all-day session of the County/City Manager’s Association. He added that the session was a workshop on intergovernmental issues and that JPAs were discussed at length. Mr. Neron commented that, from his viewpoint, the JPA issue is as much a city-city issue as it is a city-county issue, especially in the public works or the utility district services areas. He stated that the County has a draft map and a tentative agreement with the City of Leesburg, and that the City of Leesburg has also worked with Fruitland Park and Lady Lake. He added that meetings have also been held between Tavares, Mount Dora and Eustis but that those cities need to reach some agreements. He continued by stating that the cities in the south part of the county, Mascotte, Groveland, Minneola, Montverde and Clermont, also need to reach some city-to-city agreements. Mr. Neron stated that he anticipates bringing the first JPA agreement, probably from the Leesburg area, to the Board within 60-90 days, and that other agreements will follow.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
WATER RESEARCH CENTER
Commr. Hanson noted that the Board should evaluate and consider support for a Water Research Center, which is being promoted by Mr. Everett Kelly, and stated that she will probably bring a resolution on that issue to the Board at a future meeting.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
INTERLOCAL SCHOOL PLANNING AGREEMENTS
Commr. Cadwell announced that he will be attending a workshop on August 16, 2002, hosted by the East Central Florida Regional Planning Council, and presented by the Department of Community Affairs, regarding the Interlocal School Planning Agreements.
Mr. Bill Neron, County Manager, added that Ms. Sharon Farrell, Senior Director, Growth Management, and Mr. Gregg Welstead, Deputy County Manager, will also be attending the workshop.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
SCHOOL RESOURCE OFFICERS
Commr. Cadwell stated that he met with the School Board and the Lake County Sheriff regarding School Resource Officers, and that further discussion on the subject will take place at the Board’s Budget Workshop Session on August 19, 2002. He stated that it was agreed that School Resource Officers were necessary and that funding would be provided, either by the County and the School Board, or by the Sheriff.
Mr. Bill Neron, County Manager, noted that several other items would also be on the agenda for the August 19, 2002, meeting.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:25 a.m.
ROBERT A. POOL, CHAIRMAN
ATTEST:
JAMES C. WATKINS, CLERK
jaw/boardmin/8-13-02/8-23-02