BCC Board Meeting Minutes

A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

MARCH 2, 2004

The Lake County Board of County Commissioners met in regular session on Tuesday, March 2, 2004, 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: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; and Robert A. Pool. Commissioners not present: Welton G. Cadwell (in Washington D.C.). Others present were: Sanford “Sandy” A. Minkoff, County Attorney; William “Bill” A. Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Mr. Bill Neron, County Manager, noted that Addendum No. 1 has been distributed to the Board, and it has one consent item, a closed session, and some reports. He stated that staff also would like to pull Tab 11 relating to the final plat for Sunset Landing Phase II Subdivision, to be brought back to the Board at a later date.

Mr. Sandy Minkoff, County Attorney, stated that he would like to bring up one of the Health Department leases that the Board had at the last meeting, under his business. There have been a couple of changes to it, and it will take a vote by the Board.

COMMISSIONERS

It was noted that Commr. Cadwell was not present for the meeting. He was attending the National Association of Counties Legislative Conference in Washington, D.C.

MINUTE APPROVAL

On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of February 3, 2004, Regular Meeting, as presented.

CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, as follows:

List of Warrants

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

Contractor Bonds

Request to approve the following Contractor Bonds:

New

5261-04Darel G. Taylor/Crown & Company Custom Home Builders, Inc. (Residential)

5804-04All Electric of Orlando, Inc. (Electrical)

6044-04Toolman Enterprise LLC (Electrician)

6160-04 Richard Santos d.b.a. Richard Santos Enterprises Inc. (General Contractor)

6161-04Richard Santos d.b.a. Richard Santos Enterprises Inc. (Plumbing Contractor)

6162-04Donald Tracey d.b.a. Associated Landscape Co.

6163-04Lee Ashley d.b.a. Girard Environmental Services, Inc.

6164-04Curtis Sponer/Design Electrical Contracting, Inc.

6165-05A. R. Hartsfield Electrical Contractor (Electrical)

6166-04Christopher Collop d.b.a. Chris the Plumber Inc.

Riders

4141-05Change from Donald G. Moore to Donald G. Moore, LLC

4617-04Amend from Ronald C. Sherritt d.b.a. Sherritt Aluminum to Ronald C. Sherritt/SCR Builders Inc.

5540-04Change from Paul Getchell Electric to Paul Getchell Electric, Inc.

5857-05Change to Magic Siding Co., Inc.

5906-04Change from Michael J. Stauffer to Michael J. Stauffer, Inc.

Cancellation

5682-04Robert Cruz

North Lake County Hospital District Annual Financial Report/Meeting Dates

Request to acknowledge receipt of the September 30, 2003, North Lake County Hospital District Annual Financial Report, and the established meeting dates for the 2004-2005 year, which are as follows:

Budget meeting September 16, 2004

Second Budget Meeting September 23, 2004

Annual Meeting January 27, 2005

City of Tavares/Ordinances

Request to acknowledge receipt of the copy of Ordinance 2004-01 Amending the Boundaries of the City of Tavares by Annexing Approximately 3.05 Acres Located on the Western Side of Lake Industrial Boulevard, as further described, which was passed and ordained the 4th day of February, 2004, by the City Council of the City of Tavares, Florida.

City of Clermont/Ordinances

Request to acknowledge receipt of a copy of Ordinance 459-M, which annexes a vacant parcel of land into the City Limits of Clermont, a tract of land lying in Section 2 and 3, Township 23 South, Range 26 East, Lake County, as further described. This Ordinance was adopted by the Clermont City Council on November 25, 2003.

Monthly Distribution of Revenue-Traffic/Criminal Cases

Request to acknowledge receipt of the Monthly Distribution of Revenue, Traffic/Criminal Cases, Month Ending January 31, 2004. Disbursement due to Board: $191,974.43; same period last year: $148,951.81

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 13, pulling Tab 11 relating to Sunset Landing Phase II Subdivision (to be rescheduled for a later date), and including Addendum No. 1, I.A.1., as follows:

Clerk’s Office/Criminal Court Costs

Request from the Budget Office for approval of request from the Clerk’s Office for payment of Criminal Court costs for January 2004. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $34,704.00.

Lake County Health Department/Reports

Request from Community Services for approval to acknowledge the Lake County Health Department Quarterly Variance Report.

Proclamations/National Library Week

Request from Community Services for approval and signature on Proclamation 2004-32 for National Library Week for April 18 through 24, 2004.

Grants/Agreements/Library Services/Programs

Request from Community Services for approval to submit a grant application and to authorize signature on the Partnership Agreement for Library Services and Technology Act Grant for the continuation of the Born To Read Family Literacy Program.

Grants/Agreements/Library Services/Leesburg Project

Request from Community Services for approval to submit a grant application and to authorize signature on Partnership Agreements for Library Services and Technology Act Grant for the Leesburg Public Library’s digital imaging project.

Agreements/Central Florida Safety Council/Traffic Education Program

Request from Community Services for approval of Agreement between Lake County and Central Florida Safety Council to implement Lake County Traffic Education Program.

Satisfaction of Assessment Liens

Request from Public Works for approval and authorization for Chairman to execute Satisfaction of Assessment Liens for 19 road assessments, as follows:

Assessment # Name Date Paid

685011 Clare & Joseph Domhan 11/14/03

685023 Peggy Nemeth 01/12/04

685024 Peggy Nemeth 01/12/04

685025 Peggy Nemeth 01/12/04

685036 Ronald Gadomski 01/09/04

686004 William & Dorothy Drake 11/19/03

689007 Judith Ann Wallace 01/29/04

689022 Garnet & Marie Duquett 01/08/04

689035 Ramona Troccola 01/15/04

689038 Patricia Tomasofsky 01/09/04

689041 Michael & Emily Thompson 01/28/04

689052 Tina L. Harris 01/29/04

689057 John Casperson 01/29/04

689065 Jean Richter 01/21/04

691033 Bruce Gullion 01/29/04

691037 Homer & Mary McCullars 12/08/03

692008 Deborah Cerkowski 11/07/03

692016 Ronald Southall 01/21/04

694025 Elizabeth Luciano 01/27/04

Resolution/Justice Place/Road Maintenance System

Request from Public Works for approval and authorization to execute Resolution 2004-33 accepting Justice Place (County Road Number 2327) into the County Road Maintenance System.

Final Plat/Lanier Groves Subdivision

Request from Public Works for approval and authorization to accept the final plat for Lanier Groves Subdivision and all areas dedicated to the public as shown on the Lanier Groves Subdivision plat. Subdivision consists of eight lots – Commission District 1.

Addendum to Agreement/Water Authority/Lake Griffin Basin

Request from Public Works for approval to accept an Addendum to the Joint Participation Agreement between the Lake County Water Authority and Lake County for funding stormwater construction projects in the Lake Griffin basin.

ADDENDUM NO. 1

Final Plat/Orange Tree Subdivision/Developer’s Agreement/Greater Construction

Request from Public Works for approval and authorization to accept the final plat for Orange Tree, Phase 4 Subdivision, and all areas dedicated to the public as shown on the Orange Tree Phase 4 plat; accept an escrow for Construction of Improvements in the amount of $43,371.43; and accept a Developer’s Agreement for Construction of Improvements between Lake County and the Greater Construction Corporation. Phase 4 consists of 100 lots - Commission District 2.

EMPLOYEE AWARDS

Ms. Sharon Wall, Director of Human Resources, presented information on the following employees, and Commr. Stivender presented the awards:

Presentation of Award to Employees with Five Years of Service

Brian M. Gamble, Firefighter/EMT, Public Safety/Fire and Rescue

Louis Gisone, Code Enforcement Officer, Growth Management/Code Enforcement

Jeffrey E. Hurst, Firefighter/EMT, Public Safety/Fire and Rescue

Douglas J. Luce, Firefighter/EMT, Public Safety/Fire and Rescue

Jeffrey Fabi, Firefighter/EMT, Public Safety/Fire and Rescue

Brad Russ, District Resource Coordinator, Community Services/ Agriculture Education/Soil and Water

Presentation of Award to Employee with Ten Years of Service

Zbroslaw (Ross) P. Pluta, Engineer III, Public Works/Engineering

Sheila M. Short, Planner, Team Supervisor, GrowthManagement/CustomerService

Presentation of Award to Employee with Fifteen Years of Service

Jackie L. Driggers, Associate Planner, Growth Management/Customer Service

Braxton J. Bisceglia, Fire Lieutenant, Public Safety/Fire and Rescue

PRESENTATION -

PRESIDENT’S VOLUNTEER SERVICE AWARD (PVSA)

Ms. Helena Osborne-Ponsi, Volunteer Coordinator for Lake County, appeared before the Board for the presentation of the President’s Volunteer Service Award (PVSA) for the first Lake County Volunteer Program Participant, and the Lake County Citizens Commission for Children’s Endorsement to Partner with the Lake County Volunteer Program to Assist in PVSA Implementation throughout Lake County.

Ms. Osborne-Ponsi stated that she was here today for the presentation of the President’s Volunteer Service Award (PVSA) for the first Lake County Volunteer Program Participant to complete the certification process with over 297 documented hours of community services within a 12-month period, thus achieving the Individual Gold Service Award status. At this point, she asked Commr. Stivender, Ms. Wendy Breeden, Library Services Director, and Emily Lee, Citizens’ Commission for Children, to assist in the presentation. She explained that this is a very prestigious award, and she asked Mr. Ralph A. Howard, the recipient, to come forward to receive the honor. Mr. Howard is a 12th grade student at Umatilla High School, and his Service Classification is Youth Achievement and Healthy Communities. His volunteer services were performed in Library Services, and his future endeavor is as follows: Associate degree from Lake Sumter Community College, a Bachelor degree from University of South Florida (USF) in Business Administration with a minor in English, and then a Master’s degree in Library Science. Ms. Helena-Ponsi stated that, not only does he receive a letter from the President of the United States and a gold lapel pin, he also receives a personalized certificate and letter from the President’s Council on Service and Civic participation; an appreciation letter signed by the Lake County Board of County Commissioners’ Chairman; a gift certificate from the Lake County Volunteer Program; and an invitation from the Lake County Citizens’ Commission for Children to a special recognition event later this year.

PRESENTATION -

UPDATE ON THE NORTH CENTRAL FLORIDA HEALTH COUNCIL

Mr. Jeff Feller, Resource Development Director, North Central Florida Health Planning Council, Inc. (NCFHPC), appeared before the Board to present an update on the North Central Florida Health Council. Mr. Feller provided the Board members with a copy of his presentation, and a brochure (annual report 2003). Mr. Feller explained that the NCFHPC is a private, nonprofit 501(c)-3 organization founded in 1969 and located in Gainesville and this is the 35th year of service to residents of North Central Florida. The NCFHPC dedicates itself to strengthening the safety net and expanding access to healthcare through its affiliate organizations and through its core activities. The NCFHPC serves over 1.3 million residents, and it covers 11,000 square miles and participates in the health planning of 16 counties. He presented an overview of some of their largest programs, which includes Healthy Start, Ryan White, and Rural Health Partnership. Mr. Feller explained that Lake County does not meet the federal definition of rural, so it cannot participate in the Rural Health Partnership, but they are seeking all types of grants to strengthen and provide services in all of their counties, and to bring resources to the region for rural, urban, and near urban counties alike.

Mr. Feller stated that Community Services and Support is the branch of the NCFHPC that acts as a reservoir of resources and services for the 16 county area (and beyond) via contracts, consulting, in-kind services, and grants. Mr. Feller stated that for years they have worked closely with the Lake County Comprehensive Health Care Committee and, in working recently with individual members of that group, hopefully, in the next few months, they are going to be pursuing a Federal Healthy Communities Access Project Grant to help integrate what they call the safety net providers, so they can provide more care more efficiently; to help provide some infrastructure and some eligibility screening; and to improve data sharing between the different providers, such as the hospital supported primary care clinics, the health department, a mental health center, the community health center, as well as other social service organizations. He stated that they hope to submit the application by May, but he understands that there may be some delay in the federal budget appropriation.

Commr. Hanson noted that this is the same grant that was brought to the Board a few months ago, and she wanted to know if there was any way that the folks in Washington could help with this grant, as they move forward with it.

Mr. Feller noted that there is always a possibility and, when the time comes, he can provide some advocacy pieces for the Board members to share with their legislative delegation.

Mr. Feller stated that, about four years ago, they completed a Comprehensive Community Health Needs Assessment, by contract, with Lake County, which resulted in some increased activity and really marked the beginning of the evolution of the hospital-based clinics, as well as other ideas that were generated and brought into being from that needs assessment. Mr. Feller presented detailed information on other programs the NCFHPC has just completed including a Citrus County Health Needs Assessment; Indigent Health Surtax Workgroup in Alachua County; Marion County Safe and Drug Free Schools Program; and HIV Prevention Planning Partnership. He noted that historically they have never done any projects with the Lake County School system. Mr. Feller explained that the NCFHPC gets a certain amount of money from the State of Florida, and they have some flexibility on how to use those dollars. He emphasized that the NCFHPC is the health planning resource for the 16 counties.

Commr. Stivender explained that the Board is embarking on redoing the County’s Comprehensive Plan over the next year and a half, and she wanted to know if the NCFHPC could help them with the health care component of this plan. Mr. Feller indicated that, without a doubt, they could assist the County with analyzing that component of the plan.

Commr. Hanson stated that the current Comprehensive Plan deals with the health community, so it would be something that would be positive and, at the same time, they need to pull in the schools.

Mr. Feller stated that Lake County has its needs assessment that was completed about three and a half years ago, and it is the kind of template they could use to analyze the type of data they would want included in the Comprehensive Plan. He will provide the Board members with copies of the health care needs assessment that was done for Lake County about four years ago.

Commr. Hanson questioned whether any of the other counties have an element for health care planning in their comprehensive plan that could be used as a model.

Mr. Feller explained that the comprehensive plans are typically very limited in terms, even though a few do have health care planning included in their plans, but he feels it would be wise to include it, because the health care issue is moving to the forefront of issues of great concern.

Commr. Hanson explained that, for several years, this Board has tried to leverage the dollars, and the services that are here, but they do not have a funding source other than the hospital taxing districts, and that goes to the hospitals; it does not go toward all of the other indigent health needs in the County.

Mr. Feller stated that he will keep the Board updated in the future on their progress of getting health planning seed money for this region, so they can be even more engaged than they have been throughout their region and help subsidize some of the projects.

Mr. Feller explained that the NCFHPC has a Board of Directors, and the Board appoints the members to that Board. Mr. Feller noted that currently there are three positions for Lake County on that Board, with only one being filled by Mr. Steve Bragg who is the President of the Board of Directors. He suggested that someone contact their office to help fill those other two vacancies. Mr. Feller explained that they approach all of the Board of County Commissioners on an annual basis and ask them to partner with them in a commitment to health care, to help offset about 50% of in-kind services. They ask for a nickel per capita from all of the counties and, in the last few years, they are approaching about $120,000 a year of in-kind services to help offset, or subsidize some of their projects.

In conclusion, Mr. Feller referred to the Funding, Clients and Units of Services 2000-2003 chart in the handout material, which shows the impact that the services they provide in the County have had on the Ryan White and Health Start programs, which was nearly $1.5 million. Mr. Feller stated that he hopes to be meeting again soon with Mr. Fletcher Smith, Director of Community Services. He included his contact information in the handout material for future reference.

Commr. Stivender asked Mr. Feller to send the Commissioners information on the two vacancies on the Board of Directors along with the health care needs assessment that was done for Lake County.

Commr. Hanson felt that the Board needed to do a current needs assessment, and Mr. Feller responded that usually this type of endeavor would be steered by the Lake County Comprehensive Health Care Committee.

Commr. Stivender felt that all of the health areas alluded to by Mr. Feller needed to be addressed, and Commr. Hanson pointed out that the mental health area was really deficient in the County, in terms of funding.

PUBLIC HEARING -

ORDINANCE AMENDING THE AFFORDABLE HOUSING

ADVISORY COMMITTEE AND THE HISTORICAL MUSEUM COMMITTEE

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-11, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 2-88, LAKE COUNTY CODE, ENTITLED MEMBERSHIP OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE; CHANGING THE COUNTY COMMISSIONER LIAISON TO A NON-VOTING, NON-MEMBER OF THE COMMITTEE; ELIMINATING A MEMBERSHIP POSITION; AMENDING SECTION 2-89, LAKE COUNTY CODE, ENTITLED PROCEDURE; AMENDING SECTION 2-90.34, LAKE COUNTY CODE, ENTITLED MEMBERSHIP OF THE HISTORICAL MUSEUM ADVISORY COMMITTEE; CHANGING THE COUNTY COMMISSIONER LIAISON TO A NON-VOTING, NON-MEMBER OF THE COMMITTEE PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.

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

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved Ordinance 2004-11, as read by title only.

Mr. Sandy Minkoff stated that staff will be bringing the change to the Planning and Zoning Commission to the Board, by Ordinance, on March 16, 2004 and, at that time, the Board will need to make their appointments to the Local Planning Agency (LPA) and Zoning Board.

PUBLIC HEARING -

ORDINANCE CONCERNING GOLF CARTS

Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-12, if approved by the Board:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 15-15, LAKE COUNTY CODE, ENTITLED OPERATION OF GOLF CARTS; REMOVING THE REQUIREMENT THAT GOLF CARTS BE EQUIPPED WITH REFLECTIVE DEVICES ON THE SIDE; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.

Mr. Minkoff explained that the Ordinance strongly encourages the reflective devices, but it eliminates the mandate and brings the County in line with the Town of Lady Lake’s Ordinance.

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

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved Ordinance 2004-12, as read by title only.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Roy Hunter, representing the Northeast Lake Chamber of Commerce, expressed his continued support of Sheriff George E. Knupp and commended him and his department for helping him, as well as other residents, with personal issues and tragedies in the past years and, in particular, with emergency situations. Mr. Hunter stated that Sheriff Knupp has done a lot for Lake County and, in regards to the controversy about the road grader, the Sheriff helped the residents resolve problems with the road conditions in this area of the County with the use of that grader. He noted that both “The Daily Commercial” and “The Orlando Sentinel” had positive articles commending the Sheriff for helping resolve some of those problems, with that grader. He stated that the Sheriff is only trying to serve and protect the residents of the County, and he is fulfilling his obligation. Mr. Hunter referred to the flooding that occurred in the Lake Mack area and provided the Board with statistics from the Department of Public Safety, Emergency Management, showing the costs to address that problem. He explained that the Sheriff has managed to buy equipment for about 20 cents on the dollar, which drastically helped to keep those costs down. Mr. Hunter stated that the County has all of the supplies it needs to address any terrorist, or weather disaster, that may occur in the future. Even though the Sheriff has been charged with perjury by the grand jury, Mr. Hunter stated that the Sheriff is innocent until proven guilty, and he is still the Sheriff. Mr. Hunter stated that he also wanted to thank Commr. Hill for being at the opening of the Veterans Administration (VA) Clinic in Leesburg, and he appreciates her bringing forward the Resolution for the 85th Birthday of the American Legion today.

Mr. Keith Schue, Central Florida Sierra Club, pointed out that last week a consensus was reached by the environmental community, developers, road builders, and elected officials about how to provide for the long term transportation needs and environmental needs of the Wekiva Basin. Hopefully they will be seeing legislation passed this legislative session, with the Board’s support. Mr. Schue encouraged the Board to pass a resolution to that effect in support of the efforts that have taken place so far, and he encouraged them to work with other elected leaders to strive to seek this legislation to protect the Wekiva system, which they hope will pass this term

Commr. Hanson stated that she was going to bring this issue up under her reports, and she appreciated Mr. Schue’s comments.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

RUBY STREET TOWER/BUDGET CHANGE

Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request from Public Works for approval and funding to rebuild the Ruby Street Tower on top of the Sheriff’s Office. Mr. Stivender explained that the tower has been there for over 20 years, and the funding would come from the old penny sales tax. Staff has met with the City of Tavares to make sure everything meets their criteria for a new tower.

Commr. Hill stated that about a year ago the Board reviewed the whole tower program, and she wanted to know if this tower was on the list at that time.

Ms. Peggy Dionne, Special Services Division Director, Public Works, explained that this particular tower was on the list, and staff was hoping to maintain it but, when they looked at the tower and had a company try to do some maintenance on it, they discovered that it was structurally unsound; therefore, it was not an option for them to maintain it or do anything other than take it down and put another one up.

Commr. Pool questioned whether, in the event that a new tower is put in its place, there would be an opportunity to do some co-location, or lease space on the tower.

Mr. Stivender stated that the County will be putting the antennas back on the tower and, will be glad to consider these options, if there is any more room on the tower. He noted that the antenna is restricted by the City, but they will maximize the use of the tower.

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the request from Public Works for approval and funding to rebuild the Ruby Street Tower and approval and execution of the related Budget Change Request in the amount of $84,000.00.

PURCHASE AGREEMENT/TRI-CO COMMUNICATIONS, INC./BUDGET CHANGE

Mr. Jim Stivender, Director of Public Works, stated that, during the process of putting up towers throughout the County, there was a discussion about security and this is a request to increase and enhance security at all of those tower sites and remote sites.

Commr. Stivender noted that there is $14,000 remaining in the project, and the $32,200 would come from the Sales Tax Capital Projects Fund (Fund 301) Reserve, which is the old penny sales tax. She questioned whether staff knows how much is left in the old penny account.

Mr. Stivender explained that most of the remaining money is already assigned to existing projects, but there is probably $1 million in that account.

On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request from Public Works for approval of additional funding for the Radio Communications project in order to provide additional security for the County radio tower sites; signature on purchase agreement with Tri-Co Communications, Inc. (as sole source) for monitoring and alarm system for the sites; and approval and execution of the related Budget Change Request in the amount of $32,200.00.

Mr. Stivender noted that he will be presenting a status report to the Board on the old penny, and the new penny, sometime around midyear.

HISTORICAL MUSEUM ADVISORY COMMITTEE/APPOINTMENTS

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the following appointments of individuals to vacant positions on the Historical Museum Advisory Committee, as follows: Sanna Henderson (reappointment); and Louise Carter (reappointment).

LETTER OF AGREEMENT/GEOTRANS, INC./EVALUATIONS

LAKE COUNTY V. ST. JOHNS AND ORLANDO UTILITIES COMMISSION

Mr. Sandy Minkoff, County Attorney, explained that the noted consultant will be working with their outside counsel on the Orlando Utilities Commission (OUC) litigation. This request is not to exceed $10,000 to give them baseline information as part of that litigation.

Commr. Hanson questioned whether any of these monies could be used for some of the work that was done for the Wekiva Coordinating Committee.

Mr. Minkoff explained that this case will be a lot more detailed and will be in the nature of getting ready to give expert testimony should they need to do that in this case. He noted that this is a very entry level amount and, if they actually ended up at trial, it would be greatly in excess of this amount.

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the request from County Attorney for approval of Letter of Agreement for authorization to hire GeoTrans, Inc. to perform hydrogeologic and hydrologic evaluations, review SJRWMD staff report and associated documents, evaluation of impacts to environmental systems, and assessment of the application of the East Central Florida groundwater model in regards to Lake County v. St. Johns and Orlando Utilities Commission; the cost of the work is not to exceed $10,000 without further authorization.

ORDINANCES/PERMISSION TO ADVERTISE/SPECIAL ASSESSMENTS

Mr. Sandy Minkoff, County Attorney, addressed the Board to discuss the recommendation for approval to advertise an Ordinance changing the maximum rate that may be imposed on special assessments to two percent plus the prime rate. This recommendation came from the County Financing Team, as they were getting ready to do some road assessments. Mr. Minkoff explained that currently that would be a maximum of six percent interest, if they looked at it today; the prime rate is four percent. Mr. Minkoff explained that the pool cash fund will actually be buying these, so the interest will be paid back to the County into the other funds, but they tried to get a rate that would be equal to what they could get if they put it into the market for six or seven years, so that no cash fund would be cheated by using this money for transportation. He clarified that this is a maximum, not a mandated rate. Each time the assessment resolution comes forward, the Board sets the interest rate at that time, and the length of time of the project will determine the interest rate.

Commr. Hanson stated that her concerns are those residents that the County is working with now, because they were told the rate would be one percent.

Mr. Minkoff clarified that those folks are within the maximum being proposed today, and this is only a maximum, not a requirement, and Mr. Stivender explained that the paperwork that is currently out there will stay in place and this would only affect new paperwork.

Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve the request to advertise an Ordinance changing the maximum rate that may be imposed on special assessments to two percent plus the prime rate.

Under discussion, Commr. Hanson stated that the Board has to realize that the amount they used to charge was about 12% several years ago.

Mr. Stivender stated that the County was in a situation where, when the interest rates were at 15% and 18%, the County was at 12%, because that was their maximum.

Commr. Stivender called for a vote on the motion, which was carried unanimously by a 4-0 vote.

HEALTH DEPARTMENT LEASE/CHANGES

Mr. Sandy Minkoff, County Attorney, requested that the Board add to the agenda the discussion on the Health Department lease with Delaporte Properties.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to add to the agenda the discussion of the Health Department lease, as requested.

Mr. Minkoff stated that there are really two changes to this lease, since the last time the Board saw it. One change involves the County insuring the building for risk, to be included in the overall policy with a minimal cost; the second change is that the landlord was under the impression that the County was going to have a lease for a minimum of 12 months; the County was working toward a minimum of six months; they compromised at a nine-month minimum to rent on the lease, and staff recommends approval with that change.

On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the recommendation of the County Attorney to accept changes to the Health Department lease with Deleporte Properties, insuring the building for risk, to be included in the overall policy with a minimal cost; and a nine-month minimum to rent on the lease.

ADDENDUM NO. 1

REPORTS - COUNTY MANAGER

SOLID WASTE PROPOSAL/CITY OF LEESBURG

Mr. Bill Neron, County Manager, stated that Lake County staff has been working with the City of Leesburg staff over the last several months on the expenses related to the landfill, as well as other solid waste issues. Mr. Neron stated that he has received and distributed to the Board a letter from the City of Leesburg asking that the County prepare a proposal for them where the County could take over their solid waste collection and disposal, as well as be responsible for the closure costs on the landfill and, before proceeding with that proposal, he wanted the Board to be aware of this and approve their preparation of a proposal. The proposal will come back to the Board before it is submitted to the City.

Commr. Stivender explained that she only had a question about the County taking over the costs for the closure of their landfill.

Mr. Neron explained that this goes back to the old interlocal agreement the City had with the County where they had a reduced tipping fee because of those costs, and now, with the changes they have made with adding the ad valorem and buying that tipping fee down, the County was not giving them a reduced rate. There are some questions they are still working on at the staff level, and staff will provide detailed information at the time the proposal is brought to the Board.

On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request from County Manager for approval and authorization to move forward and prepare a proposal for the County to provide solid waste collection, disposal and landfill closure and monitoring services to the City of Leesburg, to be brought back to the Board for consideration.

FEDERAL FUNDS

Commr. Stivender noted that the letter requesting support from their Federal legislators for Federal Funds for projects came to her for signature, and she felt that the Board should review it first.

Ms. Cindy Hall, Assistant County Manager, stated that the County is requesting funding for five projects, and their lobbyists have designed the letter before the Board. Staff is requesting approval to send the letter to their legislators. Ms. Hall stated that, if the Board has questions on the projects, there are individuals present to answer them. The projects were as follows: Community Service Health Centers (One Stop Shop); Lake County Fairgrounds and Exposition Center; Emergency Operations Center (EOC); and Shockley Heights and Wekiva Falls Drinking Water Study.

Commr. Hanson stated that she needed to bring the Board up to date on the Wekiva Falls issue that had been included originally in the recommendations for the Wekiva Study Area. She stated that, at the last meeting, this was withdrawn because of some controversy. She stated that it will be left on this list of projects, but it was taken off of the recommendations for the Wekiva Study Area.

Mr. Neron stated that staff talked with the Board about these issues at some point in time but, on the side of caution, staff felt this needed to be brought to the Board for approval.

Commr. Pool made a motion, which was seconded by Commr. Hanson, to approve the request from the County Manager for approval of a letter requesting support from our Federal legislators for Federal Funds for several projects.

Under discussion, Commr. Pool stated that, as a South Lake community leader in contact with Congresswoman Ginny Brown-Waite’s office, he has also asked for any additional funding they can get for the SR 50 /US 27 overpass and, while this may not be in writing, he has stressed this as an important issue, along with any educational funding they may be able to find for them.

Discussion occurred regarding whether the SR 50/US 27 overpass could be added to this letter, and staff indicated that this issue had been addressed earlier by letter, and they would provide Commr. Pool with a copy to verify this action.

Commr. Stivender called for a vote on the motion, which was carried unanimously by a 4-0 vote.

REPORTS - COMMISSIONER HILL - DISTRICT #1

RESOLUTIONS/AMERICAN LEGION

Commr. Hill stated that the American Legion is going to have an 85th anniversary and Post 47 has plans for a celebration, and she would like to present the resolution, if the Board chooses to adopt it. The celebration will take place in the evening, and she will get everyone the particulars before the March 10, 2004 celebration.

On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Resolution 2004-34 for the 85th Birthday of the American Legion.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

PROCLAMATION/HEALTHY START DAY

On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the request for approval and execution of Proclamation 2004-35 proclaiming March 16, 2004 to be Healthy Start Day, and to support the activities of the Healthy Start program to promote healthy pregnancies and healthy babies.

FINAL LEGISLATION/WEKIVA

Commr. Hanson stated that she had asked staff to provide the Board with a copy of the final draft of legislation pertaining to the Wekiva, with the changes that were made last week with the Wekiva Coordinating Committee and, at this time, she asked that this item be placed on the March 16, 2004 agenda for Board action. Commr. Hanson explained that the language is such that it will probably have widespread support and not nearly the amount of controversy it had last year.

DEFENDERS OF WILDLIFE/WORKSHOP/TRANSPORTATION PLANNING

Commr. Hanson informed the Board that the Board members had received a letter from Ms. Jennifer McMurtray, Transportation and Wildlife Ecology Coordinator, Defenders of Wildlife, regarding the workshop that is coming up on transportation planning, which will be held this Saturday, in Orlando, at the Renaissance Hotel. It will be an all day event.

BOY SCOUT BANQUET

Commr. Hanson noted that they had a very successful Boy Scout Banquet the other night, and she appreciated those individuals who were able to attend from the County. They raised $22,000 for the Boy Scouts.

MOBILE HEALTH UNIT

Commr. Hanson wanted to go on record and say that she is still supporting the idea of a Mobile Health Unit in Lake County, which she feels would be very helpful to get into the rural outlying areas of the County where clinics are not available and where many of those folks do not go to clinics on a wellness type basis; they go to the emergency room only when they are desperate. She stated that she has talked to Mr. Roger Amon, Administrator of the Lake County Health Department, and Dr. John Pellosi, Medical Executive Director of the Lake County Health Department, about this idea, and she feels there are enough agencies that could collaborate and leverage dollars to get a bus, with the hospitals manning it. She noted that Marion County has a mobile health unit, and hopefully Lake County can make this happen soon.

REPORTS - COMMISSIONER POOL - DISTRICT #2

RAILS TO TRAILS UPDATE

Commr. Pool noted that he and Commr. Stivender attended the South Lake Trails Kickoff Meeting on February 26, 2004, in Groveland, and a lot is taking place on the Rails to Trails program throughout the County, especially in South Lake County, and he feels that the Board probably needs to have an updated report. He stated that there seems to be a lot of positive feedback from many individuals, and there were a lot of elected officials there who are really looking forward to this trail connectivity.

Commr. Stivender noted that this was one of the items on her list to bring forward to the Board.

CATTLEMEN’S DINNER

Commr. Pool noted that he and Commr. Stivender attended the Cattlemen’s dinner, as well as Mr. Bill Neron, County Manager, where they received information on the troubles and plights of the farmers today in Lake County.

REPORTS - COMMISSIONER HILL - DISTRICT #1

WASHINGTON’S DAY PARADE/MARDI GRAS

Commr. Hill stated that the Washington’s Day Parade in Eustis on Saturday was very well attended and she ended up at Mardi Gras in Leesburg that day.

LEESBURG HIGH SCHOOL GOVERNMENT CLASS

Commr. Hill noted that the Leesburg High School Government Class will be here tomorrow (approximately 50 students), and they will be visiting the Supervisor of Elections, and then the court system. They will be in the training room at noon, if any of the Commissioners would like to meet with them, and then the students will tour the museum.

REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3

COMMISSIONERS/MEETINGS

Commr. Stivender announced that there will be no Board meeting on March 9, 2004.

CITIZENS COMMISSION FOR CHILDREN/SCHOOL READINESS

Commr. Stivender noted that the Citizens Commission for Children and School Readiness and a few others have put together a Blue Bus, which was in the Washington’s Day Parade, and it is now on the road to help those in the community, children and adults, with their reading.

NORTH CENTRAL FLORIDA HEALTH PLANNING COUNCIL

Commr. Stivender noted that issues were brought forth by the North Central Florida Health Planning Council (NCFHPC) that the Board has been trying to address with the Citizens Commission, School Readiness, and other committees, and she has met with someone who does lobbying. She stated that there needs to be a bigger voice than just theirs in Tallahassee, and an advocate would help them get more proactive. She would like the Board members to think about this possibility and she will bring this item back as an agenda item to request that the Board look at this. Other counties are using an advocate and they are receiving all kinds of money to get schools built, etc. and, after talking to quite a few people in Tallahassee, they feel Lake County needs someone up there full time working on the issues.

REPORTS - COMMISSIONER HANSON - DISTRICT #4

ELDER AFFAIRS SYMPOSIUM

Commr. Hanson stated that they had a wonderful Elder Affairs symposium last Thursday. She stated that staff, in particular Ms. Robbie Hollenbeck, Special Projects Coordinator, worked really hard putting it together, and she extended her appreciation to staff for being there.

FISCAL RETREAT

Mr. Bill Neron, County Manager, informed the Board that he is trying to coordinate a date in April for a fiscal retreat with the Board to talk about budget issues. After discussing this with the Commissioners, staff has established April 23, 2004 (Friday) to be an appropriate date for the meeting.

After some discussion, Mr. Neron stated that he will verify this date again with Commissioners and, if it is not convenient with all members, he will bring the item back on March 16, 2004.

Commr. Stivender noted that she would like this meeting held at the Ag Center, or the Tavares City Hall.

CLOSED SESSION

Mr. Sandy Minkoff stated that, at the last meeting, he requested that the Board have a closed session pursuant to Florida Statutes 286.011 to discuss advise on litigation. The closed session will be limited to settlement negotiations and strategy sessions. Other than the Board members present today, he and Mr. Bill Neron, County Manager, will be the only other people attending. The court reporter is here and she will be recording the meeting once they start including the times they begin and the times that they end. Staff anticipates that the session should take about 20 minutes.

At 10:20 a.m., the Board went into a closed session.

RECESS & REASSEMBLY

At 10:54 a.m., Commr. Stivender reconvened the regular meeting.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:54 a.m.

_______________________________

DEBBIE STIVENDER, CHAIRMAN

ATTEST:

__________________________

JAMES C. WATKINS, CLERK