A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 18, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, September 18, 2007, 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: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Debbie Stivender; Elaine Renick; and Linda Stewart.  Others present were: Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION AND PLEDGE

Reverend William Tyson, Union Congregational Church, City of Tavares, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

No changes or deletions were noted.

MINUTE APPROVAL

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of August 7, 2007 (Regular Meeting), as presented.

            CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following requests:

List of Warrants

Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) 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.

Resolution and Ordinances from City of Tavares

            Request to acknowledge receipt of Resolution and Ordinances from the City of Tavares, regarding PD Amendment – Judicial Center, Parking Garage Site, and Belton Property, as follows:

Resolution No. 2007-27 (Vacating Portion of West Maude Street)

Ordinance No. 2007-18 (Amending Existing PFD Zoning)

Ordinance No. 2007-19 (Amending Tavares Comprehensive Plan Future Land Use

Map 2010)

Ordinance No. 2007-21 (Rezoning Property from PFD to CD)

Ordinance No. 2007-22 (Amending Tavares Comprehensive Plan Future Land Use

Map 2010)

Passed and Ordained by the City Council of the City of Tavares, Florida, at its regularly scheduled meeting, held on the 15th day of August, 2007.

Ordinances from Town of Lady Lake

            Request to acknowledge receipt of Ordinances from the Town of Lady Lake, as follows:

Ordinance No. 2007-19 (Annexing property into the Town of Lady Lake)

Ordinance No. 2007-20 (Amending Lady Lake Comprehensive Plan)

Ordinance No. 2007-21 (Redesignating Zoning Classification)

Passed, Ordained, and Approved in Regular Session of the Town Commission of the Town of Lady Lake, Florida, the 2nd day of August, 2007.

Resolution Identifying Fiscal Year 2007/2008 Meeting Schedule for Lakes/Sawgrass Bay

Community Development District

            Request to acknowledge receipt of certified copy of Resolution 2007-07, identifying the Fiscal Year 2007/2008 Meeting Schedule for the Greater Lakes/Sawgrass Bay Community Development District, pursuant to Chapter 190, Florida Statutes.

            Annexation Ordinances from City of Fruitland Park

            Request to acknowledge receipt of Annexation Ordinances from the City of Fruitland Park, annexing property into the City of Fruitland Park, in compliance with F.S. 171.044(3), as follows:

Ordinance No. 2007-018

Ordinance No. 2007-020

Ordinance No. 2007-022

Passed and Ordained the 23rd day of August, 2007, by the City Commission of the City of Fruitland Park, Florida.

Resignation Letter from Bruce Duncan for Village Center Community Development

District

            Request to acknowledge receipt of letter from the Village Center Community Development District, stating that, in December of 2006, Mr. Bruce Duncan resigned from the Village Center CDD and that the Board of Supervisors approved designating Mr. Archie Lowry as District Counsel.

COUNTY MANAGER’S CONSENT AGENDA

Commr. Hill asked that Tab 12, a request from Tourism for approval to continue the promotion of Lake County events and activities through FY 2007/08 with the companies listed in the request and to release purchase Orders pertaining to same, be pulled, for discussion.

On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the following requests:

Budget

Request for approval of the following Resolution:

Unanticipated Revenue Resolution No. 2007-140, amending the Public Transportation Fund, in order to receive unanticipated revenue for Fiscal Year 2006/2007, in the amount of $300,000, deposited into the Federal Transit Administration Grant; and to provide appropriations for transportation services.

Community Services

Request for approval and signature on the FY 2007/2008 State Aid to Libraries Grant Application and Agreement.

Economic Growth and Redevelopment

Request for approval of the revised Third Amendment to the Declaration of Restrictive Covenants for Lake County Central Park (Christopher C. Ford Commerce Park), for an extension of time to the infrastructure build-out date - Commission District 3.

Procurement

Request for approval of recommendation that the Board (1) declare items on submitted lists surplus to County needs; (2) authorize the removal of said items from the County’s official fixed asset inventory system records; and (3) authorize the Procurement Services Director to sign vehicle titles.

            Public Works

            Request for approval of LAP Agreement and supporting Resolution No. 2007–141, between Lake County and the Florida Department of Transportation (FDOT), for Shelley Drive at CR 44 Design Intersection Improvements.  FPN No. 422420-1-38-01 - Commission District 5 - CRC No. RI-0705.

            Request for approval of LAP Agreement and supporting Resolution No. 2007-142, between Lake County and the Florida Department of Transportation (FDOT), for CR 44 at CR 19A Design Turn Lane Project.  FPN No. 422419-1-38-01 - Commission District 4.

            Request for Chairman to execute Satisfaction of Assessment Liens for ten (10) road assessments, as follows:

            Assessment No.                       Name

            688013                                    Raymond Moon

            702075                                    Bruce and June Lawrence

            702060                                    Thomas Lloyd Smith

            702041                                    Denise Fogarty

            702040                                    Gary W. and Beverly J. Lane, Estate

            702027                                    Mary Jane Reynolds

            704001                                    Paul A. and Alice K. Howard, Sr.

            694211                                    Tina L. and Gary Dezarn Harris

            694090                                    Ronald G. and/or Diane M. Epling

            694082                                    Donald Les Heaton

            Request for approval of Resolution No. 2007-143, recognizing observance of “Put the Brakes on Fatalities Day”, on October 10, 2007.

            Request for approval to accept list of public right of way deeds that have been secured, in conjunction with roadway and/or stormwater projects - Commission Districts 2 and 5.

COUNTY ATTORNEY’S CONSENT AGENDA

Mr. Sandy Minkoff, County Attorney, informed the Board that, with regard to Tab 13, under his Consent Agenda, Mr. David Kornreich and Mr. Jeffrey Mandell have left the firm of Akerman Senterfitt and have joined the firm of Fisher & Phillips, LLP, and, due to the fact that his office would like to stay with the attorneys that they have used in the past, they would like the name on the list to be changed from Akerman Senterfitt to Fisher & Phillips.  He noted that the rates will remain the same.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following requests, with the change noted by the County Attorney:

            Request for approval of list of outside counsel and authorization to use same, as needed, for County purposes.

            Request for approval of Amendment to Lease Agreement with Strong Brothers, LLC, for lease space for Tax Collector's Office, in Leesburg.

            Request for approval of Agreement between Lake County and Louis and Betty Wolcott, regarding Public Safety Department space, and Settlement and Release for damages to leased space - Commission District 3.

            PRESENTATION

            PRESENTATION FROM TAVARES HIGH SCHOOL STUDENTS SHOWING

            SUPPORT OF POLLUTION PREVENTION

            Ms. Sharon Tatum, Public Education Specialist, Department of Environmental Services, addressed the Board stating that September 17-23, 2007, is Pollution Prevention Week, and, in an effort to provide countywide awareness to the citizens of Lake County, through a nationwide effort with the Environmental Protection Agency, a “Lets Lasso Pollution” Expo is scheduled to be held on Saturday, September 22, 2007, at the Tractor Supply store in Eustis.

            Ms. Delrita Guzman, a counselor at Tavares High School, addressed the Board and introduced students who were present from Tavares High School, representing Lake-Sumter Community College’s Upward Bound Program, as well as various youth outreach programs, which are both federally and state funded, designed to assist first generation college bound students prepare for that transition process in their lives from high school to college.  She stated that the students have been working with Ms. Tatum in recognizing Pollution Prevention Week and how important it is in the community and have taken an oath and made a commitment to prevent pollution and to help educate their peers in ways of preventing pollution, at which time each student gave a brief statement about what they are doing to promote the prevention of pollution within their communities.  She distributed, for the Board’s perusal, brochures explaining the various programs.

            The Board was then presented with a copy of a Proclamation proclaiming the week of September 18, 2007, as Lake County Pollution Prevention Week, on behalf of the citizens of Lake County.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            PROCUREMENT

            Mr. Barnett Schwartzman, Procurement Services Director, addressed the Board regarding a request for authorization to execute a Motorola Communications System Agreement, for the implementation of a fully inoperable countywide emergency 800 mHz radio network; and approval of an associated Interlocal Agreement with all county Public Safety entities, for final signature by the Chairman of the Board of County Commissioners.  He stated that the Procurement process has been accomplished, in strict accordance with Board direction that was provided last January, with approval of funding in the full contract value being approved by the Board last month.  He stated that the Agenda item describes several courses of action that have a potential to reduce the project costs, to be borne by the County, which includes insurance claim activity; the possible use of the reseller market, for certain system items; and grant funding.  He noted that Tab 22, under the County Manager’s Department Business, provided information regarding certain grant funding possibilities.

            Mr. Gary Kaiser, Public Safety Director, addressed the Board stating that the expression “boots on the ground” is one that they have all come to know too well, which is used to identify the people that are out in the trenches every day doing the job, whether it be the military, Fire Rescue, EMS, police, the Sheriff’s Department, etc.  He stated that the Board had before them this date a request for approval of a system that will affect those people in the trenches every second of every day – 24/7, for many years to come, as well as the public.  He stated that the Board, the County Manager, the County Attorney, all the Chiefs of Police, and the Fire Chiefs, as well as Lake-Sumter EMS, have come together on this one issue.  He thanked Mr. Greg Holcomb, Mr. Robert Richardson, and Mr. Jason Matthews for their tireless work in putting this together and securing frequencies that, heretofore, were not available to anyone and the Sheriff, for his cooperation in making it happen.

            Sheriff Gary Borders addressed the Board and thanked them for considering the purchase of the radio system, noting that he feels the County has some of the finest law enforcement officers in Lake County, between the Sheriff’s Office and the 12 police departments, but, unfortunately, they operate under one of the poorest radio systems in the County.  He stated that he felt it was one of the most important things the Board would be considering this date and that he appreciated it.

            Mt. Dora Police Chief Randy Scoggins addressed the Board stating that, having been the Police Chief in Mt. Dora for over nine years, he appreciated the leadership role that the Board was taking and thanked them for doing so.  He noted that it was not a cheap thing to do, but that he could not think of one single thing that they could do to improve public safety in the County that would be beyond this request.  He stated that purchasing said equipment will fix the communications system and enable the entities to communicate with one another.  He stated that the Cities and the County work differently than any other jurisdiction that he has been familiar with, in his 34 years in the business, and that he feels it is essential that they all be able to seamlessly be able to speak to each other, which will give a better level of service to the citizens and provide safety to the officers.

            Police Chief Mark Isom, City of Fruitland Park, addressed the Board stating that he was in charge of getting all the Police Departments coordinated for the Lady Lake and Lake Mack areas, after the Ground Hog Day Tornado that hit Lake County, and reminded them of the difficult time he had communicating with the Sheriff.  He thanked the Board for their support of this request, which will allow all the officers in the County to be able to talk to each other, during those times where there is an emergency in the County.

            Fire Chief Dennis Sargent, City of Leesburg, and President of the Lake-Sumter Fire Chiefs Association, addressed the Board and thanked them for considering this issue, noting that it is one of the most important things that has happened to public safety in this County for a long time.  He stated that it is the last piece of the puzzle that will bring all safety personnel together – whether it is law enforcement, Fire Rescue, or EMS, and allow them to talk to each other, if there is a widespread emergency, from one end of the County to the other.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Procurement for authorization to execute a Motorola Communications System Agreement (800 mHz) and related Interlocal Agreement, for final signature by the Chairman of the Board of County Commissioners.

            TOURISM

            PROMOTION OF LAKE COUNTY EVENTS AND ACTIVITIES THROUGH FY

            2007/08

            Commr. Hill asked that this request be pulled from the County Manager’s Consent Agenda, for discussion.

            Mr. Greg Mihalic, Tourism and Business Relations Director, addressed the Board regarding a request for approval of those advertising and promotional items that are above $25,000.  He stated that some of them are under contract, where there is a certain amount that is provided to them throughout the year, and other ones are as needed.  He noted that the requests before the Board this date are for those items where they spend more than $25,000 during the year.

            Commr. Hill discussed some concerns she had about this request, at which time she noted that she would like to have a little feedback, as to the success of the advertising, due to the large amount of money that is being spent on it.

            Mr. Mihalic informed her of the various advertisements and commercials that will run during the upcoming year for the various events that will be occurring around Lake County, as well as a web presence, which he noted will push people to the County’s events.

            Commr. Stivender suggested that a workshop be held with the Tourist Development Council (TDC), so that the Board members will know where all the tourism dollars are going.

            On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved a request from Tourism and Business Relations to continue the promotion of Lake County events and activities through FY 2007/08 with the following companies, and to release Purchase Orders, in amounts not to exceed those listed: WRDQ TV 27 - $27,000; Clear Channel TV - $75,000; Orlando Sentinel - $50,000; PCE & Associates - $75,000; Video Techniques - $25,000; Kyle Promotions - $30,000; Radio Disney - $80,000; and Miles Media -$35,000.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            BUDGET

            Ms. Joann Drury, Budget Office, addressed the Board stating that the request before them was for the purpose of adopting the Fiscal Year 2007 Fee Schedules for a variety of the County’s services.  She stated that, with the exception of Growth Management, the fees were incorporated into the Fiscal Year 2008 Budget that the Board would be considering at the final public hearing for the budget scheduled for later this evening.  She stated that the most significant changes occurred in Growth Management and Public Works, noting that both of those areas had independent fee studies conducted by a consultant during this fiscal year and the results of those studies were being incorporated into the fees being proposed this date.  She stated that other fees were being adjusted, where appropriate, to account for an increased cost in delivering services, such as for personnel, materials, and postage, and, in Tourism and Business Relations, the Fairgrounds fees were being decreased in the off-season, to encourage business.

            Ms. Jean Kaminski, Executive Director of the Homebuilders Association of Lake County, addressed the Board asking that they vote against the fee increases.  She stated that there are a number of questions, with regard to them, and, with layoffs and all the things that are going on in the County, she does not feel any increase is justified at this time.  She stated that Building Services is the only department that contains an automatic escalator and asked that it be taken out of the fee schedule, noting that, if a fee needs to be increased, staff should tell the applicant at that time and not have it be an automatic increase.  She asked that the Board vote against the Fee Schedule Resolution, as it relates to the Growth Management and Building Services Departments, in particular.

            Mr. Dale Greiner, Building Services Director, addressed the Board, in response to a question as to the last time that the Building Services fees were adjusted, noting that they were last adjusted for Fiscal Year 1999/2000, and the County did not put an escalator in the schedule for increased labor costs at that time, so they have not touched said costs in seven years, thus, the reason they are asking for it this date.

            Commr. Stewart interjected that she understands these are really hard times for builders and citizens and questioned what would happen if the Board postponed an increase in the fees for a while.

            Mr. Greiner responded that the Building Department will have over $1 million in start-up costs at the end of this year for next year, but they cannot start a year out with no money, so, if his department does not have a fee schedule that creates a reserve, then they will not have money for the next year and will have to make necessary adjustments in their personnel and expenses, in order to meet the demand, which will drop their level of service, and that is the biggest issue.

            Commr. Stewart stated that it was her understanding that the Building Services Department is just about at rock bottom, with regard to the number of employees that they have, and they are all being utilized very efficiently.

            Commr. Stivender stated that she concurred with Ms. Kaminski, noting that she did not see how the County could use an escalator and automatically increase the Building Department’s fees every year.  She stated that, if the Board was going to scrutinize the Tourism and Business Relations Department, they might as well scrutinize the increasing of building fees.  She noted that they did not do it with the Solid Waste Department either.

            Commr. Renick questioned a concern she had about the Fee Schedule, with regard to the Tourism and Business Relations Department.

            Mr. Greg Mihalic, Tourism and Business Relations Director, addressed the Board stating that the special events have to cover the County’s costs involved with said events and that is why the level is what it is.  He stated that they looked at making meeting rooms available at no costs, but, until the Fairgrounds are renovated, the County does not have the capacity to do that.  He stated that they try to make it a break even operation and that is why the fees are what they are.

            Commr. Renick stated that she feels the County is getting a little too consultant happy, noting that she feels staff could have told the Board what they needed, in terms of fees.  She stated that the County has paid close to $25,000 for consultants to review the fees and she feels that is money that could have been saved.

            Commr. Stewart concurred, noting that she feels the County has qualified people that should be able to do that and she feels the County should look at the studies that are done more closely.

            Commr. Stivender requested that the fees involving the Growth Management Department be separated from the rest of the fees, so that she could vote on them separately.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried, by a 4-1 vote, the Board approved the fees for the Growth Management Department, as presented.

            Commr. Stivender voted “No”.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2007-144, adopting the Fee Schedule for Fiscal Year 2008, as presented.

            COMMUNITY SERVICES

            FLORIDA HEALTHY KIDS CORPORATION CALL FOR GRANT PROPOSALS

            PHASE II

            Mr. Fletcher Smith, Community Services Director, addressed the Board stating that the request before them was for approval to submit Phase II of the Healthy Kids Medical Insurance Program.  He stated that, currently, the County is operating Phase I, which they received in August of this year.  He stated that Phase II would be a continuation of the activities that were initiated in Phase I, noting that they will be hiring as part-time employees two community health workers (volunteers) and will be doing out-reach programs in various areas of the County, to contact families that do not have the opportunity to file applications on line, for enrolling their children in the Kid Care Health Insurance Program.  He stated that this is crucial for a lot of the low income families in the County to try to obtain some health insurance.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval of the Florida Healthy Kids Corporation Call for Grant Proposals, Phase II.  If funded, Phase II will provide an opportunity for the County to extend the Community Health Worker Program KidCare Outreach Project that was funded in Phase I.

            GROWTH MANAGEMENT

            PURCHASE AND SALES AGREEMENT BETWEEN LAKE COUNTY AND

            CARDINAL HOME BUILDERS, INC.

            Mr. David Hansen, Public Lands Manager, addressed the Board stating that this request was for approval of a Purchase and Sales Agreement between Lake County and Cardinal Home Builders, Inc., regarding a parcel of property in northeast Lake County, located off SR 44, in the Pine Lakes area, which consists of approximately 82 ½ acres total; it represents a xeric oak community, with a wet prairie and several marshes, either wholly contained, or partially contained on the property; it is a known bear habitat; it is located adjacent to the Seminole State Forest to the east; the County is being offered another parcel that would give it access to SR 44; and the property was run through the County’s green print model and scored 9 out of 13 of the primary site evaluation criteria.  He stated that the plan will be to ask the Seminole State Forest people to manage it, or to help the County manage it.

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval of a Purchase and Sales Agreement between Lake County and Cardinal Home Builders, Inc.; and authorization for the Chairman to execute all closing documents - Commission District 4.

            PROCUREMENT

            AWARD OF CONTRACT TO PPI CONSTRUCTION FOR CONSTRUCTION

            MANAGEMENT SERVICES FOR DOWNTOWN TAVARES EXPANSION

            PROJECT

            Mr. Jim Bannon, Facilities Development and Management Director, addressed the Board stating that, following the acquisition of the County’s former Construction Manager, Centex Construction, by the parent company of the County’s architects, HLM/Heery, a conflict of interest arose between the Architect and the Construction Manager, with each reporting to the same parent company, Balfour Beatty, and, as a consequence of that, the Board terminated the contract with Centex Construction on May 15, 2007, and instructed the Facilities Development and Management Department and the Procurement Department to initiate a Request for Qualifications (RFQ) for a new Construction Manager.  He stated that proposals (five) were received from the following companies:  PPI Construction, Stanska, Turner Construction, James A. Cummings, and Peter R. Brown Construction; PPI Construction, Stanska, and Turner Construction were short listed for interviews; and presentations were held with the three firms.  The Selection Committee, comprised of himself; Mr. James C. Watkins, Clerk, represented by Mr. Neil Kelly; Judge Don Briggs; Sheriff Gary Borders; and Mr. Frank Royce, Property Appraiser’s Office, ranked PPI Construction number one and negotiations were held with them over the last couple of months.  He stated that it was the Selection Committee’s recommendation to award the contract for Construction Management (CM) Services, in relation to the Judicial Center Expansion and Refurbishment, Parking Garage, Central Energy Plant, and Constitutional Officers’ Building to PPI Construction.  He stated that the contract covers the terms and conditions from pre-construction services through to construction and project completion; however, Board approval at this time only covers pre-construction services and a fiscal impact of $380,000.  He stated that an amendment to this contract will be brought to the Board for final approval of the contract sum guaranteed maximum price at a later date.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved a request from Procurement for approval of a recommendation by the Selection Committee to award the contract for Construction Management (CM) Services, in relation to the Judicial Center Expansion and Refurbishment, Parking Garage, Central Energy Plant, and Constitutional Officers’ Building project to PPI Construction.

            PUBLIC SAFETY

            PARTICIPATION IN PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS

            GRANT PROGRAM

            Mr. Greg Holcomb, Manager, Public Safety Department, addressed the Board stating that this request was for approval to participate in the Public Safety Interoperable Communications (PSIC) Grant Program, for funding communications interoperability equipment consistent with the Countywide Radio System Project that was approved by the Board earlier this date.

            The County has the opportunity to participate in the PSIC Grant Program, of which $42,888,266 is being awarded to the State of Florida, with 80% of it being required to be passed down to the locals.  It is anticipated that 10 projects will be submitted by the State.  On average, this is about $3.4 million per project.  There is a 20% match requirement, which can be in-kind services and funds.  There is a good possibility that the County’s current system’s funding could be augmented with a portion of the project.  Potential PSIC matching funds would be shared between all participating counties in the region.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Safety for approval to participate in the Public Safety Interoperable Communications (PSIC) Grant Program, for the funding of communications interoperability equipment, consistent with the County-wide Radio System Project, as presented.

            PUBLIC WORKS

            ANNEXATION OF NORTH LAKE COMMUNITY PARK INTO CITY OF

            UMATILLA

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that a request was made by the City of Umatilla to annex North Lake Community Park, which is under construction at the present time, into the City limits, and this request was for approval to move forward with the Covenant to Annex.

            Commr. Renick questioned why the City of Umatilla would want this park to be annexed into their city limits; whether approval of the request would somehow fuel more growth in that area; whether the County would, by approving the request, be opening up a huge rural area; and whether the Board would be responsible for making the City contiguous to county property.

            Commr. Cadwell stated that it would be contiguous to an area that is already developed – what was once known as Saltsdale, but is now know as East Umatilla, which has very poor water quality.  He stated that he would think those residents would want to be annexed into the City, because (1) their water quality is bad, and (2) the old landfill is located across the street, which has always created a concern about the quality of their well water.  He stated that, if the Board would like, he would approach the City Council about the matter and request that they waive an Ordinance requirement of the City that, once a resident becomes contiguous, they have to annex into the City.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board denied a request from Public Works for approval of the annexation of North Lake Community Park into the City of Umatilla; approval and signature of the Chairman on the Covenant to Annex; and approval to authorize the County’s Property Manager to execute an owner's affidavit, once the Board approves the Covenant to Annex - Commission District 5; and directed the Chairman to approach the City of Umatilla and request that they waive their ordinance requirement that, once a resident becomes contiguous, they have to annex into the City.

            FOREST HILLS/LAKE MACK FLOOD BUY OUT PROGRAM

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that this request pertained to a purchase agreement that the County has with some property owners that are located in the flood prone area, involving a five acre tract owned by Jeremy D. and Gina M. Hancock that the County is purchasing for $235,000.  He noted that it is one of the largest tracts involved with the Flood Buy Out Program, thus far.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to execute a purchase agreement with Jeremy D. and Gina M. Hancock; and authorization for the chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy Out Program - Commission District 5.

            Mr. Stivender informed the Board that this request pertained to a purchase agreement that the County has with Diane H. Kerns and Deborah H. West, for a very small parcel that is located entirely in the Flood Prone area that the County is purchasing for $70,000.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to execute a purchase agreement with Diane H. Kerns and Deborah H. West; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy Out Program - Commission District 5.

            PROPOSED PLACEMENT OF BARRICADES ON C.W. HARRELL ROAD

            Mr. Jim Stivender, Jr., Public Works Director, explained that this request was approved at the Board Meeting held on August 21, 2007; however, due to the fact that all the people involved with the request were not properly notified by his office about that previous public hearing, which he apologized for, the request was back before the Board this date for approval.  He displayed a map of the property in question, noting that the City of Clermont annexed into their city limits and developed a very large subdivision in close proximity to the property in question, involving Sunburst Lane.  He stated that the County asked all the property owners in the area how they wanted to access and exit the subdivision and most of them wanted to do so by using C. W. Harrell Road, located north of Sunburst Lane, primarily because that is where their mailboxes are located.  He stated that staff talked to the Post Office and they are willing to relocate those mailboxes, so the question is whether or not to allow the residents to use C. W. Harrell Road to access and exit the subdivision.  He stated that, at the last meeting, it was recommended that the County barricade C. W. Harrell Road at Sunburst Lane and have the property owners to the south go west, out Sunburst Lane, and have their mailboxes relocated, splitting the traffic up on the two roads.

            Mr. Charles Harrell, one of the four residents that live on C. W. Harrell Road, addressed the Board stating that he has lived there for 20 years and that it is a very rural area of the County.  He stated that the four residents that live on the road maintain it themselves, purchasing the clay that is used to repair it, noting that they have never gone to the City of Clermont, or the County, or the State, and asked for help in repairing the road.  He stated that they are very upset over the use of the road by people who do not maintain it and do not care about the integrity of their properties, noting that, when puddles form in the road, people drive onto their properties to avoid the puddles, so their properties are being abused.  He stated that they are not trying to block access to the property owners in the subdivision, they are just asking that they use the better road, which is Sunburst Lane, and the Post Office has offered to let them put their mailboxes on that road.  He stated that, with regard to trash pickup, rather than having an average of 12 bags (4 for each of the four residents that live on C. W. Harrell Road), there are 33 to 40 bags of trash sitting on his property and coyotes in the area tear it up and scatter it about.  He stated that he and the other residents on his road are asking the Board to help them protect the integrity of their property the way that it has been for the past 20 years.

            Commr. Renick stated that, in looking at the map, it is easy to see the problem that was created when the densities in the area were increased and the subdivision was built, noting that she did not feel anybody thought about the residents cutting across the rural properties.  She stated that it was intended for the residents of the subdivision to use Sunburst Lane.

            Mr. Harrell readdressed the Board, stating that, should they approve to barricade C. W. Harrell Road, the four residents that live on the road would like for it to be gated, so that they can lock it, enabling them to control use of the road.  He stated that, should there be an accident, they would be willing to have the road utilized as an alternate route for the residents of the subdivision, at that time, but they want to be able to control use of the road.  He stated that they are not asking that the road be blocked permanently.

            Mr. Stivender interjected that the barricade would be a temporary long-term fix.

            Commr. Hill noted that she was not opposed to the barricade, however, reminded the Board about the case involving Vista Del Lago, a very similar case which the County has had problems with in the past.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval to place a temporary barricade on C. W. Harrell Road, located north of Sunburst Lane, in the Clermont area - Commission District 2.

            REPORTS – COUNTY ATTORNEY

            RESOLUTION CREATING LAKE COUNTY TRANSPORTATION ALTERNATIVE

            FUNDING TASK FORCE

            Mr. Sandy Minkoff, County Attorney, informed the Board that he attempted to take the discussion that occurred at the public hearing that was held on impact fees and put together the task force that is before the Board this date, for approval.

            Commr. Renick asked that someone explain to her why the County’s Impact Fee Committee has been charged with looking at alternative funding and why the County is starting over from scratch and not utilizing members of the Impact Fee Committee to do the duties of the proposed task force.

            Commr. Cadwell stated that that same scenario went through his mind, before he brought the request forward.  He stated that the Impact Fee Committee has done a good job, but their answer is always to raise the impact fees, and he feels the County needs to involve different people and have a fresh look at it.

            Commr. Renick questioned whether the Metropolitan Planning Organization (MPO) was going, or would be willing, to bring forward a study about alternative funding, and was informed by Commr. Hill that she felt they would be willing to do so, but that they had not done so up to this point in time.

            Commr. Stewart stated that she has the same concerns that Commr. Renick has and does not understand why the County is going to start from scratch, noting that it is not like this is a new situation.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of Resolution No. 2007-145, creating the Lake County Transportation Alternative Funding Task Force, as amended, deleting the wording, “but in any event, no later than_________.”, on Page 3, Line 26, of the Resolution.

            AGREEMENT TO EXCHANGE PROPERTY WITH K&M PROPERTIES OF

            FLORIDA, LLC

            Mr. Sandy Minkoff, County Attorney, stated that this request was the culmination of litigation that the County was involved in with the Woodlands property, where the County was a defendant, along with K & M Properties of Florida, otherwise known as Prestige Concrete.  He stated that it involves the Groveland block plant facility, which the County has agreed to purchase.  He stated that K & M Properties made an offer on a parcel of property within the Christopher C. Ford Commerce Park, which went before the Industrial Development Authority (IDA) and received a recommendation of approval.  He stated that they will be purchasing almost 13 acres from the County and the County will be purchasing their facility, with the price difference between the two parcels being approximately $1.5 million.  He stated that the $8 million value of their property was obtained by an appraisal, from an appraiser that both parties agreed upon, and, once the County received the appraisal, it was reviewed by the County’s outside appraiser.  He stated that the plan is for the County to resell the parcel in question for light industrial or commercial use and the County will have approximately one year to purchase their property.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of an agreement to exchange property with K&M Properties of Florida, LLC.

            Mr. Minkoff stated that K&M Properties is planning on a closing within a couple of weeks on the property in question, noting that they have completed site plan approval and have permits to begin construction on the parcel and would like to begin site work on the property, in advance of the closing.  He stated that staff is not opposed to them doing that and would recommend approval of the request.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to allow K&M Properties of Florida, Inc. to begin site work on the property in question, in advance of the closing, as requested.

            It was noted that the County Attorney’s Office will send a letter to the residents in The Woodlands and Church Lake communities, notifying them about the site work that is scheduled to occur on the site.

            SALES ORDER AMENDMENT WITH ELECTIONS SYSTEMS AND SOFTWARE

            FOR PURCHASE OF VOTING SYSTEM

            Mr. Sandy Minkoff, County Attorney, stated that this request is an outgrowth of the Supervisor of Elections’ presentation from the previous Board Meeting.  He stated that the State is purchasing a large amount of the equipment for the County, as part of the new voting act, and that the cost of the equipment is budgeted in next year’s budget.  He stated that Ms. Emogene Stegall, Lake County Supervisor of Elections, recommended approval of the request.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of a Sales Order Amendment with Elections Systems & Software, for the purchase of the intElect DS 200 voting system for the Supervisor of Elections’ Office.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

            FAMILY DAY PROCLAMATION

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2007-146, proclaiming Monday, September 24, 2007, as Family Day - A Day to Eat Dinner with your Children.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            DISCUSSION CONCERNING NEED FOR PARKS IN SOUTH LAKE COUNTY

            Commr. Renick brought up for discussion the issue of the lack of parks in the south Lake County area, at which time Mr. Wayne Varga, President of the South Lake Little League, addressed the Board stating that he was present asking for parks to be constructed in the south Lake County area, noting that, at this time, there are no such facilities in south Lake County for the children in that area to utilize, unless they utilize a city facility.  He expressed a concern he has about the lack of parks in the south Lake County area, at which time he noted that their group, which encompasses over 700 children in the Spring, just in Little League Baseball, is the largest youth organization in south Lake County and probably the largest in Lake County.  He stated that the softball program, which is a separate entity, has over 400 children, for a total of 1,100 children in that area, with the majority of them being Lake County residents, who will not have a place to play.  He stated that they are thankful for the support they have received from the County, thus far, but would appreciate any future support.

            The Chairman interjected that he felt the Board was committed to doing something about the matter and doing it now, as stated at the previous Budget Hearing.

            Commr. Renick stated that she just wanted the Board to be aware of the situation that south Lake County is facing, before they attend the meeting that is scheduled to be held in the Four Corners area, among the four counties involved.

            Ms. Sherrie Berkland, Vice President of the South Lake Little League, addressed the Board stating that she was glad to hear that the Board is going to continue to approve the grant money for the children in the south Lake County area.  She stated that it means a lot to the parents, who have gone from paying nothing to paying $50 per child, per season, and now the City wants to raise that cost to $100 per child, per season, and they play two seasons during the year – Spring and Fall.  She noted that they appreciate the Board’s concern and continued support.

            Ms. Mary Parillo, a resident of the Four Corners area, addressed the Board stating that she has three children who play Little League Softball in the south Lake County area and that she appreciated the Board’s continued support, noting that it means a lot to the families in the south Lake County area whose children play Little League Softball.

            REPORTS – COMMISSIONER STEWART – DISTRICT 4

            DISCUSSION REGARDING “VISION HOUSE”

            Commr. Stewart informed the Board that she recently visited the “Vision House” in Montverde, one of three in the United States that is produced by the Green Builder Media to demonstrate the benefits of sustainable design and construction, which she was very impressed with.  She stated that it is a fabulous home that is owned by Mr. Roberto Carrion, who is just an average citizen who decided to build a house and did some research before building it, and, upon discovering “green” building, said that was the way to go, because the resources of this earth are too important not to act responsibly, with regard to them.  She stated that the house is going to be showcased at the International Builders Show in Orlando, in February of next year, sponsored by the Green Builder Media, the University of Florida, Eco-Décor, and the Florida Solar Energy Center.  She stated that the house contains so many wonderful “green” qualities - too many to mention at this time; however, she did point out a few that were especially important to her, noting that it is amazing what can be saved by using some of the features built into this house.  She stated that the County really needs to start educating the public about the value of “green” building, noting that, although it is more expensive in the beginning, it can save a homeowner a tremendous amount of money down the road, as well as a tremendous amount of resources.  She invited everyone to visit said house, while it is being constructed, and see some of its quality features.

            REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

            COUNTY MANAGER AND COUNTY ATTORNEY EVALUATIONS

            A brief discussion occurred regarding the County Manager and County Attorney evaluations, at which time the Chairman noted that, in looking at the scores that the County Manager and the County Attorney received, he felt they each deserved a 4% salary increase. On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a 4% salary increase for the County Manager and the County Attorney.

            CITIZEN QUESTION AND COMMENT PERIOD

            Ms. Linda Steamer, a resident of Lake County, addressed the Board regarding a concern she has with the County’s policies and procedures.  She stated that she feels Section 489.129 of the Florida Statutes is being interpreted by the County in such a way that it is causing harm to the residents of the County.  She discussed a problem that she encountered with a local roofing company, after her home was constructed in 2006, noting that her roof leaked, causing exterior and interior damage to her home, but the roofer refused to compensate her for said damages, which she elaborated on.  She stated that she believes the policy needs to be changed and asked that the County look at its policies and procedures, discuss them with staff, and see if there is a better way of protecting the residents of the County from the situation that she has found herself in.  She stated that she was informed by the State, when she called the Department of Professional Regulations, that the County took responsibility for said roofer, because he was allowed on her roof without insurance.  She stated that, when her formal complaint was registered with the County on May 9, 2007, someone from the County should have been at her home inspecting her roof, preventing the problems that she alluded to.  She stated that the contractor’s license should be revoked – that he does not need to be doing business in Lake County, when he won’t stand by his work and leaves people vulnerable to the elements.

            It was noted that the County would look into the matter.

            REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

            Commr. Cadwell stated that the Lake County Water Authority has received a new opinion from the Attorney General, regarding the soccer fields at Hickory Point, in that they can no longer spend money maintaining those fields, as they have done, because that is not part of the Water Authority’s mission.  He stated that the County has a lot of money invested in those fields, so it cannot just let them go, and questioned whether the Board would be interested in the County swapping some land with the Water Authority for Hickory Point, or having the Water Authority give the County Hickory Point, noting that it could then become a county park and would alleviate some space problems for the City of Tavares.  He noted that there is enough room at Hickory Point for some additional ball fields to be constructed, as well.

            It was the consensus of the Board that the Chairman discuss the matter with the Water Authority, on behalf of the Board.

            RECESS AND REASSEMBLY

            At 10:00 a.m., the Chairman announced that the Board would recess until 5:05 p.m., for the final Public Hearing regarding the Fiscal Year 2008 Budget.

            FINAL PUBLIC HEARING - FISCAL YEAR 2008 BUDGET

            The Chairman opened the meeting.

            Ms. Cindy Hall, County Manager, stated that this Public Hearing is for the purpose of amending and adopting the County’s final budget, by Resolution; re-computing the proposed millage rates, if necessary, and publicly announcing the percent by which the recomputed millage rates differ from the rolled-back rates; and adopting the final millage rates by Resolution. She stated that the Board would also adopt the final budget for Fiscal Year 2008, by fund.  She then read into the record the re-computed proposed millage rates and announced the percent by which they differ from the rolled-back rates, as follows:

  • The proposed Lake County Countywide millage rate is 4.7410 mills.  The rolled-back rate for this levy is 5.2250 mills.  The Countywide millage rate is 9.26% less than the rolled-back rate.
  • The proposed millage rate for the Lake County Stormwater, Parks and Roads MSTU is 0.4984 mills.  The rolled-back rate for this levy is 0.5477 mills.  The Lake County Stormwater, Parks, and Roads MSTU millage rate is 9.00% less than the rolled-back rate.
  • The proposed millage rate for the Lake County Ambulance and Emergency Services MSTU is 0.4651 mills.  The rolled-back rate for this levy is 0.4795 mills.  The Lake County Ambulance and Emergency Services MSTU millage rate is 3.00% less than the rolled-back rate.
  • The proposed Lake County Voter Debt millage rate is 0.2000 mills.  These ad valorem tax revenues are being increased to cover the debt service costs associated with debt issued to acquire and improve environmentally sensitive lands in Lake County.
  • The County’s aggregate rolled-back rate is 6.0228.  The County’s proposed aggregate millage rate is 5.4840, which is 8.95% less than the aggregate rolled-back rate.

            At this time, the Chairman opened the public hearing.

            Mr. Ron Palakey, Coordinator of the Scrub Brush Restoration Project at PEAR Park, addressed the Board stating that his group has been heavily involved with this project, in combination with others at PEAR Park for several years and have logged thousands of volunteer man hours of work at the park.  He thanked the Board, the Lake County Parks and Trails Department, and the Lake County citizens who supported the tax increase, to preserve and expand green space in Lake County, noting that, without it, the Board and the sincere and effective efforts of the Lake County Parks and Trails Department and the numerous dedicated and hard working volunteers would not have been able to make the impressive initial impact on PEAR Park and others that have been made in the last five years.  He asked that the Board continue funding the Lake County Parks and Trails Department, as an important priority in the budget considerations.  He stated that the citizens of the County have advanced this priority, by self taxation, and dedicated volunteers have sought grants to help fund these efforts and have given selflessly of time and money to help bring these efforts forward.  He stated that one item he felt had not been addressed in the budget, which is important for green space and parks, is the availability of a water truck to maintain the newly planted trees and plants that the County has been installing in the various parks, which he elaborated on, noting that it makes little sense to him for the County to plant thousands of dollars worth of plants and spend countless man hours doing so, only to lose them to drought conditions, because of the lack of an efficient way to water them.  He stated that it would appear that a four wheel drive pickup capable of carrying a 500 gallon water tank and pump would serve this purpose and also provide backup for controlled burns that are and will be needed in the environmental components of these parks, if they are to be managed effectively.  He stated that he and many other volunteers hope the Board will keep the faith and continue to support their efforts.  He thanked the Board for its past support.

            Mr. George Wolf, one of the individuals that volunteers at PEAR Park, addressed the Board and displayed a master plan for the park, which he reviewed with the Board, noting some concerns he has about it, and submitted, for the record, a letter containing some comments about the park, particularly the entrance to the park.  He stated that the County has in the works plans for a nice entrance to the park, off of U.S. 27, which involves the Florida Department of Transportation (FDOT), and that he believed it was one of the items in the budget and hoped that the Board would not back off on it.  He stated that he feels PEAR Park is going to be a real gem for Lake County and encouraged the Board to continue to support it, noting that there are some exciting things ahead planned for the park.

            Mr. Peter Muller, Coordinator of the Meadows Restoration Project at PEAR Park, addressed the Board and reinforced the comments made by Mr. Palakey regarding the park.  He stated that he hoped there would be some money in the budget for some of the other parks in the County, as well, such as Pine Park, for some land management, noting that there is some beautiful habitat located within the park.

            Ms. Deborah Anderson, along with her husband, Mark, residents of Clermont, addressed the Board, stating that they were present representing the United States Tennis Association (USTA).  She stated that they have been actively involved in tennis, specifically with the USTA, for 35 years and one of their goals is to grow tennis in Lake County, and, in order to do that, one of the ways for it to come about is by establishing leagues, but, in order to have leagues, there must be facilities.  She stated that, just to play in an adult league, there has to be a minimum of five courts and, for seniors, three courts.  She stated that, in most of the parks in Lake County, there are only two courts and they have found that, when there are only two courts, vandalism is often higher, as well as the fact that they are underutilized.  She stated that they feel, if they were able to run leagues, tennis would grow in the Lake County community.  She stated that many people do not realize that tennis is one of the fastest growing sports in the Country, at which time she distributed to the Board a brochure explaining the USTA and its programs.  She stated that, speaking on behalf of the USTA, they want to be partners with the County and help it raise money, establish programs, disseminate information, and synergize others to action.  She stated that they believe tennis is a lifetime sport, noting that it is something that can be started as a young person and continue until late in life.  She finished by stating that the largest sporting event in the world, the U.S. Open, just finished, which is a testimony to what they believe in.  She stated that they hope they will see increased courts and other facilities that will lend the opportunity for growing tennis in Lake County.

            Ms. Marilyn Bainter, a resident of Mt. Dora and member of the Golden Triangle Republican Women’s Network, addressed the Board and read into the record a statement indicating various concerns that she has with the County’s proposed budget, noting that, at the previous budget hearing she presented some county programs that she feels could be cut from the budget, without much loss to the taxpayers - programs that the Board, as well as staff, had recommended be cut – most of them being special interest projects.  She stated that quality of life seems to be the magic words today and quality of life to her means keeping taxes low enough, so each person can do for themselves the things they think makes their life worthwhile.

            Mr. Harry Barley, Executive Director of MetroPlan Orlando, addressed the Board and thanked them for partnering with MetroPlan on some of the large scale regional projects that have been undertaken and gave a very special thank you to those Board members who serve on the Lake-Sumter Metropolitan Planning Organization (MPO), for their commitment to working together to help tackle some of the regional transportation challenges that are becoming more daunting with each passing day.  He discussed an MPO Meeting that was held approximately two years ago, where they discussed bringing about a transit system that would eventually serve Lake County – both within the County and that would connect Lake County with Sumter County and eventually with the Orlando area, noting that he had suggested at that time that maybe the time was right to start talking about what some of the perspective services might be.  He stated that the Board authorized them to work with county staff and they came back with a list of perspective projects and he was proud to see that two of those projects have been implemented  – the extension of the LYNX 55 route, on U.S.192 in Osceola County, extending to the Four Corners area and serving Lake County; and the second project being the start up of the County’s LakeXpress service.  He stated that the towns and cities that he serves are under the same budget pressures that Lake County is under – that times are tough and there are a lot of competing priorities, but wanted to commend the Board on the commitment that it has made to starting a transit service in the County and to starting a transit service that connects Lake County with the Orlando metro area.  He asked the Board to do its best, through this budget process, to preserve that commitment, noting that it is important for Lake County and for the Region.

Ms. Evelyn Logas, a member of the Golden Triangle Republican Women’s Network, addressed the Board stating that she had addressed the Board at the previous budget meeting, regarding a concern she had about the County spending $500,000 for various memberships for the County and some of its staff, as well as another $300,000 that she was told was used to help develop businesses and bring employment into the County, etc.  She read into the record a recent article from the Lake Sentinel, where the writer gave pointers on how the local government could save taxpayers money.  She stated that she was stressing this point, because she still was not satisfied about what the $300,000 that she alluded to has accomplished and what it is used for, although it has been in the budget year after year.  She stated that the reason she is being persistent about the matter is because she wants the County to be careful about what they do with the taxpayers’ money.

Ms. Terri Gotz, President of the Lake Soil and Water Conservation District (LSWCD) addressed the Board and distributed a copy of a memorandum that was sent to Mr. Fletcher Smith, Community Services Director, from Mr. Brad Russ, District Resource Coordinator, regarding Lake Soil and Water Conservation District Activities, being (1) Conservation Education; (2) Conservation Program Assistance; (3) Water Conservation; and (4) Conservation Technical Assistance, which she elaborated on, noting that the LSWCD has helped bring more than $211,000 into the County, in the form of pest management, fencing, and irrigation conversions.  She stated that one of the things they are probably most proud of is the Mobile Irrigation Lab, which they have worked for years to arrange for, noting that they have two staff members who go out and make evaluations of irrigation systems and make recommendations, with the potential water savings being unbelievable, and their Lake Soil Survey Book contains soil maps and information for the residents of the County.  She stated that well water resources have always been extremely important, but have become more so, as both quality and quantity dwindle.  She stated that they appreciate the County’s financial support in the past and hope it will continue.

Ms. Nadine Foley, Board Supervisor, Lake Soil and Water Conservation District, addressed the Board stating that they appreciate the investment that the County has made in the staff that is at the Lake Soil and Water Conservation District, noting that they are three hard working people, however, noted that they also receive support from the Natural Resource Conservation Service, with the U. S. Department of Agriculture, which provides for everything else associated with having a staff on hand.  She stated that, for the small investment that the County makes, it gets five vigorous volunteers, noting that all the members of the Board of Supervisors are volunteers and are a hard working lot.  She stated that they have links to the rest of the community, as well.  She noted that she has been involved with PEAR Park for the past ten years and that protecting the natural resources in the County is near and dear to her heart – keeping the quality of life vibrant and wonderful for the County’s residents, as well as for its visitors.  She stated that the County’s investment in the salaries and benefits of the people on their staff goes a long way and they are very appreciative of it.

Ms. Linda Ballard, a resident of south Lake County, addressed the Board asking for their support of the Parks and Recreation budget, noting that Mr. Robert (Bobby) Bonilla, Parks and Trails Director, does a great job and they appreciate it.

Mr. Jon Cherry, Director of the LifeStream Behavioral Center, addressed the Board stating that they should be commended for the outstanding job that they and county staff have done in substantially reducing the millage rate, and, therefore, the tax burden on the vast majority of the residents in Lake County, noting that the County was so far behind in providing essential services to its residents, when he moved to the County seven years ago.  He stated that, while keeping the County’s ad valorem tax rates among the lowest of the 67 counties in the State, they gradually began to increase the capacity of law enforcement, the upgrading of its road system, and the overall ability of the County to provide a minimum of essential services to all of its 287,000 residents, and, in addition, they have had to deal with the State requiring the County to pay for services which had always been the State’s responsibility in the past.  He stated that they have had to pay huge cost increases for gasoline, insurance, road construction, and other materials, much less the tremendous growth in population that the County has been experiencing and the natural disasters that the County has had to cope with over the last couple of years.  He stated that, while many areas of the budget are not adequate to meet current needs of the County, he thanked the Board for having made hard decisions in a deliberate and considerate manner.  He stated that, when all is said and done, they delivered a record tax decrease in ad valorem taxes for the citizens of Lake County.

There being no further individuals who wished to address the Board, the Chairman closed the public hearing portion of the meeting.

On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Final Fiscal Year 2008 millage rates and adopted Resolution No 2007-147, for the Lake County Countywide and Voter Approved Debt Service Final Millage levy, as presented.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2007-148, for the Lake County Municipal Service Taxing Unit for Ambulance and Emergency Medical Services MSTU levy, as presented.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 2007-149, for the Stormwater Management, Parks, and Roads MSTU levy, as presented.

Ms. Cindy Hall, County Manager, informed the Board that staff had provided to them a number of housekeeping type amendments and that, if they had any questions regarding them, staff would like to entertain them, but, if not, staff would be building them into the final budget numbers and that, just prior to the meeting, she was given five additional housekeeping items by the Budget Office, as follows, which she noted would be built into the final numbers, as well:

(1)                           Revenue, in the amount of $629,475, for a grant that the County will be receiving from the State, to help with the purchase of the voting equipment for the Supervisor of Elections’ Office that the Board approved this date.

(2)                           Some line item changes that do not affect the bottom line, but ones that she wanted to mention to the Board, so that they are in the record.

(3)                           A change, in the amount of $50,000, for Court Administration, for leased space for the Law Library - it will just be a line item change.

(4)                           A change, in the amount of $16,500, regarding the elimination of a vehicle associated with the reduction of a position in Environmental Services.

(5)                           A reduction of $6,000 in Information Outreach, having to do with the Citizens’ Newsletter.

(6)                           A reduction of $1,000 in operating costs associated with eliminating the Mobile Health Clinic Bus, for repairs.

(7)                           Some changes in Reserves, having to do with the Visa Account.

            Ms. Hall noted that she had distributed to the Board some memorandums pertaining to some additional items and asked that the Board give staff direction, as to whether or not said items should be included in the budget.

            Discussion occurred regarding the items alluded to by Ms. Hall, at which time Commr. Stivender stated that, in approving said changes, she wanted to make sure that the County did not end up combining some of the programs that are under Community Services, such as Childrens’ Services, Elder Affairs, etc.  With regard to the two positions being proposed for Animal Services, it was noted that $100,000 would need to be transferred from the General Fund Reserves to the Animal Services account, to accommodate those positions.

            Commr. Renick briefly discussed the issue of the lack of a county park in south Lake County, at which time she suggested ways that she felt the County could come up with money to construct a park in that area of the County, one being to utilize funds that have been set aside for upgrading the Fairgrounds and another being that there is always a budget adjustment during the year and she feels that any unanticipated revenue that comes up when that adjustment is made should be designated for a park in south Lake County.

            Commr. Cadwell stated that he did not want all unanticipated revenue to go toward that project, but that he did not have a problem with approximately $2 to $3 million going toward it.  He stated that, with regard to the Fairgrounds, it is a complicated issue, noting that the County has looked at various options regarding it over the years and finally made a commitment that it is going to be what it is and is going to try to fix up the building that currently exists at the Fairgrounds.  He stated that he is hesitant about digging into the money that has been allocated for the Fairgrounds, however, noted that it may be available for use, if the Board decides to go in a different direction than what is currently planned for the Fairgrounds.

            Commr. Hill stated that she would like to look at the issue in a more comprehensive way, rather than pulling funds from various areas.  She stated that she had looked at the park impact fees for Ferndale, however, noted that there is a contract involving that property that the County needs to fulfill, or it has to reimburse funds back to the Public Trust for Lands.  She stated that she would hate to take money away from that account and be in violation of the contract.

            Commr. Cadwell stated that the Board needed to make sure that whatever they did this date would not affect the bottom line and that they needed to make sure that the Board was committed to moving forward with a park in south Lake County and that they might need to do it in a separate motion and have it not be a part of the budget – to say that the Board is going to commit to a certain amount of money being set aside for a park in south Lake County and then decide exactly how to do it over the next month or so.

            A motion was made by Commr. Renick and seconded by Commr. Stewart to have $1 million dollars from this budget designated for the development of a regional park in south Lake County, with unanticipated revenues that are found during the year going towards said park, as well.

            Under discussion, Commr. Hill stated that she had a problem with pulling funds from other resources, without the Board taking a comprehensive look at the issue.

            Mr. Sandy Minkoff, County Attorney, interjected that the County has to stay in balance, so, if they increase the budget by $1 million in one area, it has to find $1 million someplace else, so the Board would have to include the decreases alluded to earlier, or some other decreases.

            Commr. Cadwell stated that he felt comfortable with the four decreases suggested by the County Manager.

            Ms. Hall, County Manager, stated that there is $1.5 million in the budget earmarked for improvements to the Animal Shelter, but that staff had not specifically identified what those improvements would be, so the Board could decide what improvements should be made with that $1.5 million, which comes from sales tax capital money.  She stated that, if it were reduced by $250,000, it would still leave $1.25 million for improving the Animal Shelter.  She stated that staff did not have a list of things that added up to $1.5 million that they were cutting – they had just set aside money to make some improvements to the facility.

            Commr. Stivender stated that she was for constructing a regional park in south Lake County, but she did not want to rob Peter to pay Paul.

            Mr. Jim Bannon, Facilities Development and Management Director, readdressed the Board stating that staff had identified a need for insulating the pavilion building at the Fairgrounds and upgrading the HVAC system and believed that $1.5 million would be sufficient to do that, which would allow that property to be used for other events.

            It was noted that the amount to be allocated for the Fairgrounds would be $1.25 million, rather than $1.5 million.

            Commr. Stewart noted a concern she had about the Animal Control budget and the fact that one of the improvements that was going to be made to the Animal Shelter was that they were going to separate the animals coming into the shelter from the other animals, so that, if any of them had parvo, they would not have to destroy every animal in the shelter, to keep it from spreading.  She stated that she would not want any money being taken from that fund to interfere with that improvement.

            Mr. Gary Kaiser, Public Safety Director, addressed the Board, in response to Commr. Stewart’s concern, noting that staff feels the $1.25 million would still enable the County to do needed improvements to the Animal Shelter.

            The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.

            Discussion occurred regarding the County’s Flood Buy Out Program; funding for Trout Lake; funding for the Lake Soil and Water Conservation District; the Lake County Sports Commission; the Mid-Florida Economic Development Commission; the Elder Affairs Symposium; and the various publications and memberships for county staff, at which time Ms. Hall, County Manager, stated that the information staff gains from those publications and memberships is very valuable to the citizens of the County, because it keeps them on top of their fields.

            Commr. Cadwell stated that, when the County holds the department workshops that have been scheduled, they need to have a discussion with each department and have them present to the Board how they feel about continuing the publications and memberships for their departments.

            Commr. Stivender reminded the Board about the money that is going towards the joint softball complex in south Lake County, to be located at the south Lake County campus of Lake-Sumter Community College.

            Ms. Hall clarified the fact that the $50,000 the County had earmarked for the National Training Center in south Lake County would now be put with the $200,000 for the Youth Assistance Program.

            Commr. Stewart discussed concerns she had about the need for a water truck, so that the plants being planted at PEAR Park do not have to continue to be watered by hand; requested funding for Trout Lake and the Lake Soil and Water Conservation District, noting that they are a tremendous asset to the children and residents of Lake County; the Economic Development Commission, noting that she feels, if Orange County is paying less, Lake County should pay less; the Elder Affairs Symposium, noting that it is hugely important to the senior citizens in the County, which is a place where they can go to obtain needed information that they may not know how to obtain otherwise; the issue of auditors, noting that she hopes the County will reduce the number of auditing requests, so that it can cut down on the number of auditors and that money can be used in a different area; and the Community Building in Sorrento and the fact that the money for said building has been put into the warehouse, which is going to save Lake County citizens money in the long run.

            RECESS AND REASSEMBLY

            At 6:20 p.m., the Chairman announced that the Board would recess for 15 minutes, to allow the Budget Office staff to recalculate the final figures for the budget.

            FINAL PUBLIC HEARING - FISCAL YEAR 2008 BUDGET (CONT’D.)

            The Chairman reconvened the meeting.

            On a motion by Commr. Renick, seconded by Commr. Hill and carried, by a 4-1 vote, the Board approved Resolution No. 2007-150, adopting the final Fiscal Year 2008 Budget for Lake County, in the amount of $564,153,249.

            Commr. Stivender voted “No”.

            The Chairman thanked Ms. Hall, County Manager; the Budget Office staff; and the department heads for all their hard work and for giving the Board a balanced budget.

            ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 6:50 p.m.

 

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                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

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JAMES C. WATKINS, CLERK