A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 14, 2004

            The Lake County Board of County Commissioners met in regular session on Tuesday, September 14, 2004, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            HURRICANE BRIEFING

            Mr. E.E. “Butch” Whitehead, Emergency Management Director; Mr. Jim Stivender, Jr., Public Works Director; Ms. Cindy Hall, Assistant County Manager; and Mr. Bill Neron, County Manager, gave updates on Hurricane Ivan, a strong Category 4 storm which is in the Gulf of Mexico, and on Lake County’s damage and recovery efforts concerning Hurricane Frances, which made landfall on Florida’s east, central coast early Sunday, September 5, 2004.

            The following information is a summary of the briefing. Hurricane Ivan is forecast to be a major hurricane when it makes landfall, perhaps somewhere in the Mobile Bay, Alabama, area early morning Thursday, September 16. Tropical Depression #11 will be named Jeanne when it becomes a tropical storm or hurricane. It may continue to the north without impacting Florida but it will be monitored. Regarding Hurricane Frances, no one is being sheltered at this time in Lake County, however, approximately 3,500 persons were in shelters at the height of the storm. To date, there have been 23 deaths attributed to Hurricane Frances statewide. Preliminary damage assessment for individual homes and small businesses is estimated at $8.5 million in Lake County. The preliminary assessment for public assistance, which includes storm preparation and sheltering, is approximately $520,000 for Lake County only, not including municipalities. Debris removal is a major effort that will be ongoing for a long time. Twenty-five crews are working to collect debris which is estimated at 300,000 cubic yards, or 20,000 dump truck loads, and will cost approximately $6 to $8 million. Crews will sweep the County two times and a schedule of pickups may be made available at a later date. Residents can haul their own debris to collection sites. Between nine and 12 inches of rain was documented last week and water levels are being monitored. There has been a large fish kill on the St. Johns River and the River is expected to continue rising for another week. Shelters will be made available for residents in Astor due to flooding if they are necessary. Decomposing foliage will cause a foul odor and breeds mosquitoes and spraying will be an ongoing project. Regarding FEMA (Federal Emergency Management Agency), community relations personnel are going to individual communities in an effort to register persons with damages. A state contractor has been contacted to provide training for the County and to the cities and the School Board should they choose to participate. Preliminary applications for the County to apply for FEMA funds can be submitted up to 30 days from the time of the event. FEMA pays 100% in Categories A and B for the first 72 hours of debris removal and storm preparation. After that time, the cost share is normally 75% to 25%.

            Commr. Pool suggested that the Chairman send a letter of appreciation to President George Bush for the $2+ billion that has been appropriated by Congress for hurricane relief funds.

            Mr. Bill Neron, County Manager, noted that the County has to front end all these costs and will get reimbursed later from FEMA.

            Commr. Stivender announced that Mr. Bill Schofield, a Spanish translator who helped with the first press conference, passed away during Hurricane Frances. She asked that his family be remembered.

            AGENDA UPDATE

            Mr. Bill Neron, County Manager, requested that the following be rescheduled for September 21, 2004: Presentation - Update on fire stations; Proposed ordinance creating the Mt. Plymouth-Sorrento Planning Advisory Committee; Tab 17 - Appointment of individuals to the Mt. Plymouth-Sorrento Planning Advisory Committee; and Tab 20 - Discussion of the Community Transportation Coordinator (CTC) for the Transportation Disadvantaged Program. The following will be rescheduled for a later time: Tab 1 - Regarding the Paramedic Certificate Finance Agreement; Worksession - Progress report by Carter Goble Lee on the space study; Worksession - Fairground improvement alternatives; and Worksession - Public land acquisition proposal. He also noted that there is an Addendum No. 1 with one item under Other Business.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the request of the County Attorney to add a General Release and Indemnity Agreement by Chandra Bean to the agenda.

            Regarding the delay of Tab 20, Commr. Hill asked how that delay affects the RFP (Request for Proposal) schedule.

            Mr. Neron stated that part of the discussion next week was to ask the Board to consider shifting the responsibility of the CTC to the Lake-Sumter Metropolitan Planning Organization (LSMPO). Because the LSMPO’s September meeting has been cancelled, the CTC agreement with LifeStream Behavioral Center, d.b.a. Lake County Transit, will probably have to be extended for another month.

            Commr. Stivender stated that LifeStream is amenable to extending the agreement through the end of 2004. The RFP for a transit provider will be sent out within the next 30 days.

            COUNTY MANAGER’S CONSENT AGENDA 

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tab 2, as follows:

            Public Works


            Request for approval and signature on Interlocal Agreement between the Lake County Board of County Commissioners and the Lake Sumter Metropolitan Planning Organization for Long-Range Planning.

            PERSONAL APPEARANCES-EMPLOYEE AWARDS

            The Chairman presented the following Employee Awards, with Ms. Cindy Hall, Assistant County Manager, giving brief remarks about each individual:

            Presentation of Award to Employees with Five Years of Service

            Albert V. Sikes, Plans Examiner II, Growth Management/Building Services (not present)

            Lisa B. Grider, Equipment Operator I, Public Works, Road Operations, Maint. Area I (not present)

            Pamela J. Goodson, Library Technician, Community Service/Library Services

            Marcia L. Johnson, Property & Liability Coordinator, Employee Services/Risk & Benefits Management

            Paul L. Proctor, Senior CAD Technician, Public Works/Engineering/ Survey/Design (not present)


            Presentation of Award to Employees with Ten Years of Service

            Jeffrey S. Richardson, Planning Manager, Growth Management/Current Planning

            Randy L. Beadle, Jail Maintenance Specialist, Public Works/Capital Projects/Facility Maintenance/Jail Maintenance

            Michael A. Smith, Equipment Operator I, Public Works/Road Operations/Maintenance Area I (not present)


            Presentation of Award to Employee with Fifteen Years of Service

            Robert E. “Bob” Wood, Office Associate III, Public Safety/Animal Control


            Presentation of Award to Employee with Twenty Years of Service

            Anita Greiner, Senior Planner, Growth Management/Customer Service


            Presentation of Award to Retiring Employee after Thirteen Years, 11 Months

            Roy T. Weddle, Senior Sign/Striping Technician, Public Works/Road Operations/Signs Signals & Striping (not present)


            BOARD/COMMITTEE PRESENTATIONS


            Chairman Stivender presented the following plaques and certificates:


            PLAQUES 


            Industrial Development Authority

            J. Cecil Shumacker for service from 1999-2004 (not present)


            CERTIFICATES


            Board of Adjustments

            Sean Parks for service from 2003-2004 (not present)


            Comprehensive Health Care Committee

            Susan Ricci for service from 2001-2004 (not present)


            Elder Affairs Coordinating Council

            Rick Bishop for service from 2003-2004 (not present)

            Dr. Cara Jakob for service from 2002-2004 (not present)

            Ron Seidel for service from 2002-2004


            Impact Fee Committee

            Stephen Koontz for service from 2002-2004 (not present)

            PRESENTATION

            RESOLUTION HONORING JORDAN HENDRICKS AND JONATHAN JENNINGS

            Commr. Stivender introduced Mr. Jordan Hendricks and Mr. Jonathan Jennings and presented Resolution 2004-117. (Resolution 2004-117 was approved by the Board on September 7, 2004.) Jordan and Jonathan won the silver medal for beach volleyball at the Junior Olympics’ national competition at Hermosa Beach, California, for boys under sixteen years of age. Commr. Stivender remarked that these two young men, from Tavares High School and Tavares Middle School, were the only students from their age group to compete from the State of Florida.

            PRESENTATION

            CITRUS RIDGE LIBRARY - SCHEMATIC DESIGN

            Ms. Wendy Breeden, Library Services Director, introduced the presentation of the schematic design for the Citrus Ridge Library. She stated that Mr. Richard LeBlanc, Jr., Architect III, Public Works Department, helped immensely with the process of the design. The Citrus Ridge Library currently averages 400-500 visitors each day and Ms. Kathy Spurgeon is the Branch Manager.

            Mr. Ward Friszolowski, Senior Vice President, and Mr. Philip Trezza, Jr., Project Architect, with Harvard Jolly, Inc., gave a PowerPoint presentation of the schematic design for the Citrus Ridge Library. (A printed copy of the presentation is included in the backup material.)

            Mr. Friszolowski, in beginning the presentation, stated that the library staff and the Department of Public Works have been great to work with and he complimented the County for being very well organized. The presentation included the following points:

          Schedule - Currently moving from schematic design into design development and construction documents. Construction is scheduled to occur from March 2005 through March 2006.

          Opinion of Probable Construction Cost - On budget at slightly more than $3.2 million.

          Overall Site Plan - In context with the Cagan Crossing Development. Visibility from U.S. Highway 27. Coming from the north, going south, access would be right turn in, right turn out only. Coming from the south, access would be through the signalized intersection at the Cagan Crossing Town Center.

          Contextural Photograph. On and off street parking will be provided. Green space will be provided on the north side for a garden view and potential future expansion.

          Site Plan


            Mr. Trezza continued the presentation with the following slides:

 

          First Floor Plan - Phase II - Fully built out.

          Second Floor Plan - Phase II - Fully built out. (Will be a shell space in Phase I.)

           First Floor Plan - Phase I - Technology lab in Phase I will become Friends Bookstore in Phase II.

          Second Floor Plan - Phase I - Shell space ready for final build out when funds become available. Plumbing will be roughed in and the elevator pit will be built.

          Elevations and Color Schemes

          Perspectives - Shows front entry canopy and tower element, meeting room, young adults’ and children’s area.

            Discussion occurred as follows. Regarding concerns with a flat roof, the roof will have a slight slope, possibly to an internal roof drain, to avoid leaks. The roof will have a long-term warranty. The air conditioners will not be put on the roof. Staff chose the barrel roof, a distinguishing feature, on the towers which sets it apart as a community building rather than just a part of Cagan Crossing. The color schemes suggested are ocher, light blue and light green or more subtle colors of whites and beiges. Regarding the coffee shop, it has been designed for a commercial venture which may offset some of the costs. The design allows for the coffee shop to be open even when the library is closed. The meeting rooms will be available for use for community groups. Harvard Jolly, Inc. will also be designing the Cooper Memorial Library.

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the schematic design for the Citrus Ridge Library.

            RECESS & REASSEMBLY

            At 10:10 a.m., Commr. Stivender announced a ten minute break.

            PUBLIC HEARING

            FINAL ASSESSMENT RESOLUTION FOR SOLID WASTE COLLECTION AND DISPOSAL

            Mr. Bill Neron, County Manager, in making comments prior to the public hearing, stated that the bankruptcy court judge in New York, New York, ruled in favor of Covanta Energy Corporation (Covanta) with its pending lawsuit with Mr. F. Browne Gregg. The ruling will allow the County to implement a new waste disposal contract with Covanta. As a result of that agreement, there are savings to be realized to the County through several aspects, including increased revenues, some decreased expenditures and refinancing of the bonds which could take place within the next several months. The Board could consider and take action on some reductions in fees and the non-ad valorem assessment. Mr. Neron suggested that the Board reduce the tipping fee from $45.00 to $40.00 which will benefit all the users of the cities, the County and the private sector. If the Board approves reducing the tipping fee from $45.00 to $40.00, staff also suggests that the non-ad valorem assessment, which is the subject of this public hearing, be reduced from $180.50 to $174.00, a savings of $6.50 per year. There will also be a recommendation this evening, during the budget meeting scheduled for 5:05 p.m., for a reduction in the millage rate if the Board would want to consider that.

            Commr. Stivender remarked that would be considered and discussed at 5:05 p.m.

            Commr. Cadwell commented that this is a conservative estimate on the savings today and the Board anticipates, over the coming years, to be able to save even more after the system is stabilized.

            Mr. Neron further explained that the biggest unknown right now is the refinancing of the bonds and how much will be saved there. He stated that he would hope to bring further reductions in these costs during next year’s budget process.

            Mr. Sandy Minkoff, County Attorney, stated that the appeal is probably the biggest concern at this time. He opined that the suggested reductions probably could stand even if an appeal came out totally adverse.

            Commr. Cadwell remarked that everyone should understand that Mr. Gregg’s appeal of this decision is going to be what affects the bottom line. He stated that the judge agreed with the County on every point. He emphasized that if Mr. Gregg loses an appeal, or does not appeal the decision, those dollars that will be saved will go to the citizens of Lake County as opposed to Mr. Gregg. If Mr. Gregg drags out the appeal process, or if the County loses an appeal, those dollars will go to Mr. Gregg or someone else, not to the citizens of Lake County.

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Final Assessment for Solid Waste Collection and Disposal for the Fiscal Year beginning October 1, 2004, reducing the tipping fee from $45.00 to $40.00 and reducing the non-ad valorem assessment from $180.50 to $174.00.

            Mr. Minkoff pointed out that the new rate schedule will be adopted next week as part of the resolution on fees and the tipping fee reduction will be considered next week. Today’s action is related only to the non-ad valorem assessment.

            There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Final Assessment Resolution 2004-137 for Solid Waste Collection and Disposal for the Fiscal Year beginning October 1, 2004, approved a reduction in the solid waste non-ad valorem assessment from $180.50 to $174.00, and approved the waste materials non-ad valorem assessment roll.

            PUBLIC HEARING

            FINAL ASSESSMENT RESOLUTION FOR FIRE AND RESCUE

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Final Fire and Rescue Assessment Resolution for the Fiscal Year beginning October 1, 2004, and approval of the rate of assessment and the assessment roll.

            Mr. Herb Haas, Chairman, Board of Trustees, Community Chapel, stated that he addressed the Board in 2003 regarding an 85% increase in the assessment and was told the matter would be looked into to see what could be done. He stated that there is an 85% increase this year. He stated that it is his understanding that churches within city limits do not pay this fee. He explained that his church, in the County in the Mount Dora area, sits next door to a volunteer fire department. If the City of Mount Dora calls in an emergency, a fully staffed fire department will arrive within minutes. If the church has an emergency, it has to wait for volunteers to arrive. He opined that an 85% increase in fire fees is unfair. He stated that something needs to be done countywide.

            Mr. Bill Neron, County Manager, stated that he responded to Mr. Haas in a letter dated August 2, 2004. (The August 2, 2004, letter and other related letters and memos are included in the backup material.) The fire fees were discussed by the Board at the financial retreat as well as discussion of a possible combination of ad valorem and non-ad valorem fees. The Board decided not to pursue that combination of fees. He confirmed that fire fees went up significantly a year ago for all classes. The Board does, however, subsidize fees by 50% for churches from the General Fund. He stated that the reduction in Community Chapel’s fire assessment is almost $3,000 with the subsidy.

            Commr. Hanson pointed out that this year a decision was made not to make a change because of the potential of the increased homestead exemption. She remarked that she has long been a proponent of a mixture of ad valorem and assessment rather than 100% assessment.

            Commr. Cadwell opined that the current fee structure is the fairest way and that all the institutional buildings were effected. There are interlocal agreements with the cities whereby the County responds to a fire in a city and they would do the same for the County. Folks inside the cities are either paying a fire assessment in their city or paying as part of their taxes. If a church inside a city is tax exempt they may not pay the fire fee.

            Mr. Haas stated that, if churches in the cities are tax exempt, churches in the County should be tax exempt, or the fee should be split evenly between everybody. He stated that Community Chapel’s fire fees jumped from $531.40 (in 2003) to $984.50 (in 2004) and, because the church only has 50-60 people, it puts a large dent in their budget. He stated that the church provides parking to the volunteer fire department without charge.

            Ms. Julia Wilson, Sr. Budget Analyst & Assessments Manager, explained that, according to the chart on Page 5 of the proposed resolution, one building in the 5,000 to 9,999 square foot range would be assessed at $1,406. The church would pay half of that and the General Fund would pay one half. Community Chapel has two buildings and the second building would be assessed separately because the square footage is not cumulative. She further explained that, by Florida Statute, the amount on the notice is required to be 100% of the rate, but the tax bill will show 50% of that rate. Ms. Wilson noted that the $6,000 and $3,000 figures referred to are cumulative totals for fiscal years 2002 through 2005.

            Mr. Travis Whigham, Forest Hills Association, stated that Forest Hills United Methodist Church asked him to find out why they had to install a huge water tank before they could construct a new church building. The church installed the tank at their expense for Lake County Fire and Rescue, but it has not been used by Fire and Rescue so far as the church knows. He asked if there is some way to bring back some of those costs, approximately $2,500 to $3,000, to the church.

            Commr. Pool opined that the tank probably is required for the church building itself in the event of a fire. He pointed out that the church might benefit by a reduced insurance premium.

            Mr. Whigham stated that the tank is supposed to be for Lake County Fire and Rescue for wherever they need it. He proposed that a non-ad valorem fire tax of $1.00 or $0.50 per acre be assessed on non-developed properties. He opined that a big majority of downed trees, as a result of the hurricanes, occurred on undeveloped lands.

            Commr. Hanson commented that a consultant presented information that they could not relate fires to vacant land in order to set a dollar amount to charge. She stated that because vacant lands are not currently charged, some money could come from vacant lands if assessments and ad valorem fees were combined.

            Mr. Whigham reiterated that there are lots of fires on vacant lands that threaten homes and that is a big impact on the budget.

            Commr. Hanson stated that fees have to be defensible in court and must have a rational nexus of where the fire is created.

            Mr. Gary Kaiser, Public Safety Director, stated that the on-site storage tank is a fire code requirement of NFPA (National Fire Protection Association) and is in Lake County’s building code requirement. That rolls into the ISO requirements for on-site storage. Depending on what the property is and the classification, a benefit should be received back from that.

            In response to an inquiry by Commr. Hill, Mr. Kaiser confirmed that the Florida Division of Forestry does have responsibility for forest property and for vacant land in and around forests.

            In response to a request by Commr. Hanson that staff should look at the possibility of some combination of assessment and ad valorem next year, Mr. Neron stated that item is on the agenda for the financial retreat early next year. Staff will update those numbers and bring them back again to the Board for consideration.

            There being no further public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-138 adopting the Final Fire and Rescue Assessment for the Fiscal Year beginning October 1, 2004, and approved the rate of assessment and approved the assessment roll.

            PUBLIC HEARING

            VILLAGE GREEN SUBDIVISION STREET LIGHTING RESOLUTION

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the resolution adopting the Village Green Subdivision non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of street lighting services for Fiscal Years 2005 through 2009, beginning October 1, 2004. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-139 adopting the Village Green Subdivision non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for street lighting services for Fiscal Years 2005 through 2009, beginning October 1, 2004.

            PUBLIC HEARING

            GREATER HILLS MUNICIPAL SERVICE BENEFIT UNIT RESOLUTION

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Greater Hills Municipal Service Benefit Unit resolution adopting the non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of general municipal services and facilities for Fiscal Years 2005 through 2009, beginning October 1, 2004. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-140 adopting the Greater Hills Municipal Service Benefit Unit non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of general municipal services and facilities for Fiscal Years 2005 through 2009, beginning October 1, 2004.

            PUBLIC HEARING

            GREATER PINES SUBDIVISION MUNICIPAL SERVICES RESOLUTION

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Greater Pines Subdivision resolution adopting the non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of general municipal services and facilities for Fiscal Years 2005 through 2009, beginning October 1, 2004. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-141 adopting the Greater Pines Subdivision non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of general municipal services and facilities for Fiscal Years 2005 through 2009, beginning October 1, 2004.

            PUBLIC HEARING

            GREATER GROVES MUNICIPAL SERVICE BENEFIT UNIT RESOLUTION

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Greater Groves Municipal Service Benefit Unit resolution adopting the non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of general municipal services and facilities for Fiscal Years 2005 through 2009, beginning October 1, 2004. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-142 adopting the Greater Groves Municipal Service Benefit Unit non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of general municipal services and facilities for Fiscal Years 2005 through 2009, beginning October 1, 2004.

            PUBLIC HEARING

            VALENCIA TERRACE SUBDIVISION STREET LIGHTING RESOLUTION

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Valencia Terrace Subdivision resolution adopting the non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of street lighting services for Fiscal Years 2005 through 2009, beginning October 1, 2004. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-143 adopting the Valencia Terrace Subdivision non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of street lighting services for Fiscal Years 2005 through 2009, beginning October 1, 2004.

            PUBLIC HEARING

            PICCIOLA ISLAND SUBDIVISION STREET LIGHTING RESOLUTION

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the Picciola Island Subdivision resolution adopting the non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of street lighting services for Fiscal Years 2005 through 2009, beginning October 1, 2004. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Hill, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved and authorized execution of Resolution 2004-144 adopting the Picciola Island Subdivision non-ad valorem assessment rate schedule and the non-ad valorem assessment roll for the provision of street lighting services for Fiscal Years 2005 through 2009, beginning October 1, 2004.

            CITIZEN QUESTION AND COMMENT PERIOD

            Kenneth Howard Ellis

            Mr. Kenneth Howard Ellis, of Lake Griffin Isles, in the unincorporated area of Lake County northeast of Leesburg, stated that the County has been getting a lot of money from his area and residents do not get much back. He stated that his canal has been dredged to provide access to Lake Griffin but sailboats cannot get under the bridge on Picciola Road. He stated that a bridge is needed to give access to sailboats. He asked for an application for a city charter for a new city which he would call Picciola City.

            Mr. Sandy Minkoff, County Attorney, explained that new cities are created by the state legislature by filing a report with the legislature. The steps are outlined in the Florida Statutes. He suggested that State Representative Hugh Gibson, District 42, could help get the process started.

            Commr. Hill will talk with Mr. Ellis regarding his concerns.

            Travis Whigham

            Mr. Travis Whigham, President of the Forest Hills Association, expressed his public appreciation to members of his neighborhood’s hurricane task force which took care of damage after the storm. A list was compiled of neighborhood equipment and skills. Trees were removed from homes and roads were cleared by those neighbors. He stated that similar efforts took place in the Lake Kathryn area. He requested equipment, such as a defibrillator, alcohol and wound dressings, a generator, etc. that could be kept at the old 22 fire station for use by the volunteers whenever another emergency comes. He encouraged other neighborhoods to do the same kind of preparation.

            Commr. Stivender suggested that Mr. Whigham talk with Mr. E. E. “Butch” Whitehead, Emergency Management Director.

            Commr. Hanson stated that Mr. Jim Judge, Executive Director, Lake-Sumter EMS, and Mr. Shannon Elswick have formed a Backyard Ministries program and can help with coordinating equipment and volunteers. She stated that neighbors helped neighbors throughout Lake County.

            Kenneth Howard Ellis

            Mr. Ellis readdressed the Board and commented on ecology, recycling and trash collection.

            Travis Whigham

            Mr. Whigham readdressed the Board and suggested that the County give written permission to the tree service workers to put wood chips, from trees which were downed by the hurricane, on some of the County non-maintained roads.

            Mr. Jim Stivender, Jr., Public Works Director, stated that might work great for some driveways but when it gets wet it turns to mud and becomes soupy and actually compounds the problems on the roads. While it is up to residents on those non-maintained roads, Mr. Stivender advised against putting wood chips on the non-maintained roads in the County.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            ENVIRONMENTAL SERVICES - PEAR PARK PROPERTY

            Mr. Bill Neron, County Manager, stated that Lake County has, through Florida Communities Trust (FCT), received a grant for the purchase of 50 acres on U.S. Highway 27 as part of the PEAR (Palatlakaha Environmental and Agricultural Reserve) Park project. The Trust for Public Land (TPL) has purchased that property and when the grant process is completed, ownership is to transfer to Lake County. During the due diligence process on the property, problems with arsenic were found on the property due to an old cattle dip. He stated that Mr. Doug Hattaway from TPL will make a proposal to the Board on how to address that situation.

            Mr. Doug Hattaway, The Trust for Public Land (TPL), stated that he wants to present a possible resolution to the former cattle-dip vat issue on the PEAR Park project. His proposal would eliminate the administrative burden and financial uncertainty to the County. Five days before closing on the contract and passing title on the property to Lake County, a County employee found information that suggested there may be a former cattle-dip vat on the property. Further investigation verified that fact but more investigative work is needed to ascertain the extent of the problem in terms of depth and concentrations. He remarked that TPL is infrequently in the position of owning property with an environmental condition without already having a plan of action or a resolution in place. TPL’s board requires environmental work be done on properties that it is considering for purchase, and, in this case, the environmental consultant basically overlooked information that was available. Relying upon that consultant’s work, Mr. Hattaway explained that TPL did move forward on purchasing this property. During the past couple of months, County staff and TPL have been trying to come up with possible resolutions to get this project to move forward so that all the parties are content on the resolution of this unknown environmental liability.

            Mr. Hattaway proposed that this be handled internally within TPL and that TPL would hire and pay for the work necessary to further get a handle on the extent of the contamination. Because of the loss of the credibility of the environmental consultant TPL used on this project, TPL would like to use the same environmental consultant that the County already has under contract to do work in the hopes that would help to get everybody to believe again in the environmental work being done on the property. Then, TPL will work with the consultant, as well as FDEP (Florida Department of Environmental Protection) on an adequate and reasonable remedy to the situation. At that point when TPL has decided on the reasonable and appropriate remedy, TPL would like to come back and offer for the County to purchase the property from The Trust for Public Land. Mr. Hattaway explained that, in terms of logistics, TPL would terminate the existing contract with the County and a new purchase price would reflect, essentially, the additional cost to get this situation remedied. He remarked that this idea is being presented with an unknown about how extensive it is and the appropriate resolution. A ballpark idea of $300,000 to $400,000 has been mentioned by Mr. Neron as a potential worst-case scenario. Once TPL enters into a new contract with the County, the Florida Communities Trust (FCT) grant would be paying for their cost share of that purchase price, which is 75%. So the idea here is, in essence, to help alleviate some of that financial burden that the County may or may not have considered taking on to move this project forward.

            Mr. Neron opined that FCT would accept Mr. Hattaway’s proposal.

            Commr. Stivender stated that she discussed this issue with Mr. Jerry Taber, Land Acquisition Agent for FCT, recently.

            Mr. Hattaway stated that TPL’s state director spoke with the executive director for the Florida Communities Trust program yesterday afternoon. She believes that there won’t even be a need to reappraise the property, that absolutely they understand and support that, and, if it means going out of contract and having to re-enter, that they are there to see this project through.

            In response to an inquiry by Commr. Hill regarding a similar situation in Osceola County and whether the affected property, approximately 6,800 square feet, could be extrapolated out, Mr. Hattaway stated that Osceola County submitted a management plan whereby they would fence off the area and prevent access to the area that is a public health hazard. FCT accepted that plan and there was no further clean up effort.

            Commr. Stivender suggested that the cleaner way to do this is to terminate the contract, get the property cleaned up and then go back into negotiations.

            Mr. Neron stated that the scope of work that TPL will be using has been approved by FDEP. FDEP, TPL, and County staff had a conference call with the County’s environmental consultant and there is a level of comfort there.

            In response to additional concerns about the grant, Mr. Sandy Minkoff, County Attorney, stated that his office will verify in writing that the grant from Florida Communities Trust will not be affected if the County’s current contract option, which runs until October, with TPL is terminated.

            No action was requested at this time.

            PUBLIC WORKS - LOCAL AGENCY PROGRAM AGREEMENT

            Mr. Jim Stivender, Jr., Public Works Director, requested approval of the Local Agency Program (LAP) Agreement with the State of Florida Department of Transportation (FDOT), and supporting resolution, for a traffic signal construction project for County Road 466 at Rolling Acres Road. FDOT has identified this as a safety-funded project and the County will receive approximately $105,000 for the signal, which has been designed and is ready to go out for bid.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Local Agency Program (LAP) Agreement with Florida Department of Transportation to Fund the County Road 466/Rolling Acres Road Traffic Signal Construction Project, and supporting Resolution 2004-145.

            OTHER BUSINESS

            REAPPOINTMENTS - PUBLIC LAND ACQUISITION ADVISORY COUNCIL

            On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a vote of 5-0, the Board reappointed Ms. Judy Smathers, Ms. Nadine Foley and Mr. Bernie Yokel to the Lake County Public Land Acquisition Advisory Council (PLAAC) for three-year terms beginning October 1, 2004.

            REPORTS - COUNTY ATTORNEY

            REAL ESTATE PURCHASE AND SALES AGREEMENT - PARK LAND

            Mr. Sandy Minkoff, County Attorney, discussed the proposed purchase of park land in the Umatilla area and the real estate purchase and sales agreement between William F. Polk, Jr., Martha Q. Polk, Alice Palmer Polk, and Mary Louise Polk and Lake County. During the due diligence process, a little arsenic, which was extremely minor, was found on the property. It is not an issue and the property has cleared all the environmental checks and survey checks. The acreage is slightly less than 96.658 rather than 100 acres. One of the contingencies of the contract is that the County will obtain two appraisals equal to the purchase price. The appraisals that were obtained did not equal the purchase price.

            Commr. Cadwell stated that he has pushed for this park project for a long time and there has been an extensive search for a site that could serve the entire north end of the County. He stated that meetings have been held with the neighbors adjacent to this parcel as well as with community members. There is development pressure in the north end of the County and property values are rising. He opined that this piece of property will be purchased for development if the County does not buy it. He stated that there is not a better piece of property in this end of the County for this community park. He emphasized that the community is extremely excited about this project and he expressed his confidence that the property is worth the purchase price.

            Commr. Cadwell made a motion to approve the Real Estate Purchase and Sales Agreement between William F. Polk, Jr., Martha Q. Polk, Alice Palmer Polk and Mary Louise Polk and Lake County.

            Commr. Hanson seconded the motion.

            Under discussion, Commr. Stivender opined that Commr. Cadwell is correct and there is a need in that area.

            Commr. Cadwell pointed out that 200-300 kids in youth leagues in Umatilla practice football and soccer on what is used as a parking lot during the day for the high school. He stated that he understands that the needs for parks are great in other areas of the County.

            Discussion occurred regarding appraisals and the rising real estate market values in the Umatilla area.

            Commr. Pool agreed that this purchase will benefit the County.

            Commr. Stivender called for a vote on the motion which was carried unanimously, by a vote of 5-0.

            Commr. Cadwell thanked the Board and acknowledged that he has made a commitment to Commr. Hanson in support of her efforts in the Mt. Plymouth area and urged the Board to move forward on that project as quickly as possible.

            GENERAL RELEASE AND INDEMNITY AGREEMENT

            Mr. Minkoff explained that an individual, during his employment with the Lake County Housing Authority, was accused of harassing clients. That employee later was charged with a criminal violation. A settlement agreement has been reached with Ms. Chandra Bean, one of two clients who filed complaints, in consideration of the sum of $10,000. He recommended approval of the General Release and Indemnity Agreement.

            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the General Release and Indemnity Agreement with Chandra Bean, who, in consideration of total payment of the sum of $10,000, does remise, release and forever discharge Lake County Housing Authority and the Board of County Commissioners of Lake County, Florida, from any and all actions, claims and demands whatsoever in connection with the alleged sexual battery and alleged misconduct caused by Mr. Corey Powell during his employment with the Lake County Housing Authority.

            REPORTS - COUNTY MANAGER

            PAY COMPARISON

            Ms. Cindy Hall, Assistant County Manager, stated that staff was requested to analyze the pay comparison between men and women for the Lake County Board of County Commissioners’ employees. She referred to the memo and chart which are included in the backup material. Pay bands within the County were grouped by gender and, within those pay bands, the salaries and the dates of hire were averaged. Using 634 employees (262 women and 372 men), whose countywide average date of hire is between March and May of 1997, the difference between the average salary is only $1,616 ($43,961 for women versus $45,577 for men). In averaging the top salary positions, pay band 116 and up, the difference is about $2,900, or 4.5%. Those types of minor differences can easily be explained by merit increases over the years and experience levels upon hire. She stated that Lake County is holding a very good balance as far as the pay distribution between men and women.

            Commr. Hanson thanked staff for the analysis and opined that there is still a difference that needs continued work.

            OTHER BUSINESS (ADDENDUM NO. 1)

            APPOINTMENT - LAKE COUNTY IMPACT FEE COMMITTEE

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed Mr. Tennyson E. Legg as Citizen-at-Large on the Lake County Impact Fee Committee, to serve a two-year term ending August 6, 2006.

            The Committee will hold a public meeting at 9:00 a.m., Thursday, September 16, 2004, in the Board’s Conference Room, third floor of the Administration Building. Mr. Randy Young of Henderson, Young & Company, a consultant hired to conduct a school impact fee analysis, will make a presentation to the Committee at the meeting.

            Commr. Cadwell informed the Board that the County Manager has been trying to coordinate a conference call with the Affordable Housing Committee.

            REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3

            RATIFICATION - EFFIE TREADWAY AS 2004 WOMEN’S HALL OF FAME INDUCTEE

            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board ratified Ms. Effie Treadway as the 2004 Women’s Hall of Fame inductee as selected by the Women’s Hall of Fame Committee.

            GRANT - HEALTHY COMMUNITIES ACCESS PROGRAM

            Commr. Stivender announced that Lake County has received a $1,013,735.00 grant from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA), for a new Healthy Communities Access Program.

            Mr. Fletcher Smith, Community Services Director, explained that the WellFlorida Council, Inc. (formerly North Central Florida Health Planning Council, Inc.) submitted a grant on behalf of the Board of County Commissioners. A major goal of the grant is to develop and promote a centralized eligibility and referral system for the underinsured and uninsured in Lake County. A second major goal is to develop a client management system to track patients and make sure that they have the resources there to assist these folks, and also to track some chronic disease patients, such as those with diabetes, hypertension and asthma, throughout the County. The concept is to tie approximately nine medical clinics together for primary care. He explained that this is potentially a three-year grant with a little over $1 million for the first year. Additional funding of $750,000 will be applied for the second year and $600,000 for the third year. He added that the official notice of the grant award has not been received as of this date. Mr. Smith will invite Mr. Jeff Feller, Director of Development and Communications for the WellFlorida Council, Inc., to come before the Board for a formal announcement. Contract negotiations with the federal government will begin after the formal announcement.

            Commr. Hanson commented that this grant will do all of the things the health care committee has been working toward for a long time. She stated that it is a tremendous commitment on the County’s part to make it work.

            HURRICANES

            Commr. Stivender stated that she was in the Administration Building most of the time during both hurricanes. She publicly thanked the residents who live around her in Lakeside at Tavares for cleaning up the tree that fell in her yard during the hurricane.

            Commr. Hanson, and the other Commissioners, thanked Commr. Stivender for her dedication and the time she put in during the hurricane.

            Commr. Cadwell asked staff to remember that many folks in his district are still without some basic services.

            RECESS

            At 11:35 a.m., Commr. Stivender announced that the Board would recess until 5:05 p.m. for the first Public Hearing on Budgets for Fiscal Year 2004/2005.

            RECONVENE

            5:05 P.M. PUBLIC HEARING - BUDGETS FOR FISCAL YEAR 2004/2005

            At 5:05 p.m., Commr. Stivender reconvened the meeting, the First Public Hearing on Budgets for Fiscal Year 2004/2005. She stated that the first public hearing is for the purpose of amending and adopting the tentative budget, recomputing the proposed millage rate, if necessary, publicly announcing the percent by which the recomputed proposed millage exceeds the rolled-back rate, and discussion of the specific purposes for which ad valorem tax revenues are being increased.

            Mr. Bill Neron, County Manager, stated that he previously gave the Board a detailed overview of the budget. Basically, the current and proposed millage rates remain the same. The General Fund rate is 5.9170, the Stormwater Municipal Services Taxing Unit is 0.5000 and the Municipal Service Taxing Unit for Ambulance & Emergency Medical Services is 0.5289. He noted that there was discussion at the Board’s 9:00 a.m. session regarding the Covanta settlement. There may be some action the Board may want to take with the General Fund millage rate because of that settlement.

            Commr. Stivender opened the public hearing portion of the meeting and called for public comment on the proposed millage rate. There being no public comment, the public hearing portion of the meeting was closed.

            Commr. Stivender publicly announced the percent by which the recomputed proposed millage rate exceeds the rolled-back rate, and the specific purposes for which ad valorem tax revenues are being increased.

          Proposed Lake County General Fund millage rate is 5.9170, which is 6.42% over the rolled-back rate of 5.5599 mills.

          Proposed Lake County Municipal Service Taxing Unit (MSTU) for Ambulance & Emergency Medical Services is 0.5289, which is 6.50% over the rolled-back rate of 0.4966.

          Proposed Lake County Stormwater Municipal Services Taxing Unit (MSTU) is 0.5000, which is 5.35% over the rolled back rate of 0.4746 mills.

          The County’s aggregate rolled-back rate is 6.3257 mills and the proposed aggregate tentative rate is 6.7266 mills, which results in an increase over the aggregate rolled-back rate of 6.34%.

            Commr. Stivender called for adoption of a tentative millage. She noted that the Lake County General Fund Millage is currently 5.9170 and there was a discussion at the morning session regarding the Solid Waste Fund.

            Mr. Neron stated that, if the Board chooses to reduce the transfer to the Solid Waste Fund from the General Fund, staff suggests the General Fund millage could be reduced by 1/10th of a mill which would be 5.8170 mills.

            Ms. Regina Frazier, Budget Director, informed the Board that the revised General Fund percent over roll-back would be 4.62%.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the tentative Lake County General Fund Millage Rate of 5.8170 mills.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the tentative Lake County Municipal Service Taxing Unit (MSTU) for Ambulance and Emergency Services Millage Rate of 0.5289.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the tentative Lake County Stormwater Management Municipal Services Taxing Unit (MSTU) Millage Rate of 0.5000.

            Regarding any amendments to the tentative budget and adoption of the tentative budget, Mr. Neron noted that a memo dated September 13, 2004, was distributed which contains seven items that reflect various directions from the Board over the last several weeks of things they wanted to be added back into the budget. Those items are:

            1.         BCC Administration Office Furniture - $15,500

            2.         Trout Lake Nature Center Building - $60,000

            3.         FHP Radar Recertification Funding Request - $3,500

            4.         Library Cataloguer Position (Fruitland Park) - $42,696

            5.         IT Network Security Enhancements - $65,000

            6.         Animal Control (Programming Software) - $42,185

            7.         Bailiffs (2) (Relating to Article V Funding) - $89,110

            He noted an eighth item of $28,987 for facilities and technology for Guardian ad Litem.

            Commr. Cadwell made a motion to approve adding these eight items to the budget, with funds coming from the General Fund reserves for said items, and approved to reduce the transfer from General Fund to Solid Waste by the amount equal to .1 mill.

            Commr. Hanson seconded the motion.

            Under discussion, Commr. Hill stated that the request for the Trout Lake Nature Center Building was brought forward to the Board with the request to find a funding source outside of General Fund revenues. Parks and Recreation, the Children’s Commission and Tourist Development were some of the funding sources that were considered. Because this is a not-for-profit capital facility project and not a program, she expressed a concern with setting a precedent of expending these funds. She questioned what the Board will tell other organizations who have come and will come to the Board for funding for facilities.

            Commr. Cadwell stated that this is a program that, if the Nature Center was not doing it, the County would need to be doing itself. It is a far reaching educational environment.

            Commr. Hill stated that PALS (Performing Arts of Lake and Sumter) has said the same thing about theater and the arts.

            Commr. Hanson remarked that dollars have been contributed to the Nature Center in the past. While there may be a lot of requests, the Board has the option of saying no.

            Commr. Hill stated that everyone is in agreement that this project will be a great asset but she reiterated her concern of opening that door without a real funding source other than General Fund dollars.

            Commr. Cadwell amended his motion to amend the proposed budget to include seven additional budget requests, Items 1, 3, 4, 5, 6 and 7 as previously listed, plus the request for Guardian ad Litem in the amount of $28,987.

            Commr. Hanson amended her second.

            Commr. Stivender called for a vote on the motion which was carried unanimously, by a vote of 5-0.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried by a vote of 4-1, the Board approved to amend the proposed budget to include eight additional budget requests, Items 1 through 7, as listed above, plus $28,987 for Guardian ad Litem; funding for these approved requests would come from General Fund reserves.

            Commr. Hill voted “No.”

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board adopted the tentative Countywide Budget of $340,978,124, as amended, and less .1 mill from General Fund to Solid Waste.

            Ms. Frazier stated that the Guardian ad Litem technology fee can be increased to cover a portion of that by $6,400.

            Mr. Neron stated that today’s budget meeting was originally scheduled for September 7, 2004, but was postponed because of Hurricane Frances. Because of the time necessary to advertise the second Public Hearing, he requested that the second Public Hearing be held at 5:05 p.m. on Tuesday, September 28, 2004, rather than September 21, 2004.

            Commr. Stivender announced that the second Public Hearing on Budgets for Fiscal Year 2004/2005 will be held at 5:05 p.m., Tuesday, September 28, 2004.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:22 p.m. 

 

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DEBBIE STIVENDER, CHAIRMAN


ATTEST:



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JAMES C. WATKINS, CLERK