A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 5, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, August 5, 2008, 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; Elaine Renick; and Linda Stewart.  Commissioner Debbie Stivender was not present, due to another commitment.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.

INVOCATION

Reverend Joe Roberts, Orange Avenue Church of Christ, in Eustis, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, stated that she would like to move Tab 4, a request from Environmental Utilities relative to enhanced solid waste collection services and the potential extension of two of the three collection services contracts, from the County Manager’s Consent Agenda to the Departmental Agenda, so that the Board could be given an update on Environmental Utilities and the County’s Solid Waste Collection Program.

Mr. Sandy Minkoff, County Attorney, stated that he had three items to add to the Agenda, the first being a discussion involving the Appeal to the St. Johns River Water Management District that was discussed at the Budget Meeting held on July 29th; the second involving an agreement with SECO, regarding a leased space for the Public Safety Department; and the third being a request that one or two Closed Sessions be held, to discuss pending litigation.

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved to move Tab 4 from the County Manager’s Consent Agenda to the Departmental Agenda, as requested, and to place the items alluded to by the County Attorney on the Agenda.

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved the Clerk of Court’s Consent Agenda, as follows:

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.

            Monthly Distribution of Revenue Traffic/Criminal Cases

            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 2008, in the amount of $190,886.22.  Same period last year: $183,756.93.

            Annual Financial Audit Report from the Cascades at Groveland Community

            Development District for the Fiscal Year Ended September 30, 2007

            Request to acknowledge receipt of Annual Financial Audit Report from the Cascades at Groveland Community Development District, for the Fiscal Year Ended September 30, 2007, pursuant to Section 11.45, Florida Statutes, and Section 189.418, Florida Statutes.

            Bella Fonte Community Development District Proposed Budget for Fiscal Year 2008/2009

            Request to acknowledge receipt of Bella Fonte Community Development District Proposed Budget for Fiscal Year 2008/2009, in accordance with Section 190.008(2)(b), Florida Statutes, along with cover letter, stating that there will be a public hearing to consider the adoption of this budget, which is scheduled for September 25, 2008, at 4:00 p.m., at the Hampton Inn & Suites, 2200 East Highway 50, City of Clermont.

            Notice Before the Florida Public Service Commission

            Request to acknowledge receipt of Notice Before the Florida Public Service Commission – In re: Application for  increase in water and wastewater rates in Alachua, Brevard, Desoto, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc.; Docket No. 080121-WS.

            Annexation Ordinances from the City of Fruitland Park

            Request to acknowledge receipt of Annexation Ordinance Nos. 2008-003 and 2008-005, from the City of Fruitland Park, adopted on April 24, 2008; and 2008-008 and 2008-010, adopted on June 26, 2008, as follows:

            Ordinance No. 2008-003, including within the City approximately 5.42 acres of property generally located east of U.S. Highway 441, south of Eagles Nest Road and west of Shadow Hill Drive, rezoning the property from County “C-2” (Community Commercial District) to “C-2” (Commercial General) within the City limits of Fruitland Park.

            Ordinance No. 2008-005, including within the City approximately 3.0 acres of property generally located at 35417 Micro Racetrack Road and 35421 Micro Racetrack Road, rezoning the property from County “A” (Agriculture District) to “C-2” (Commercial General) within the City limits of Fruitland Park.

            Ordinance No. 2008-008, including within the City approximately 7.70 acres of property generally located north of CR 466A and west of Timbertop Lane, rezoning the property from County “A” (Agriculture) to “C-2” (Commercial General) within the City limits of Fruitland Park.

            Ordinance No. 2008-010, including within the City approximately 1.0 acre of property generally located north of CR 466-A on the corner of Micro Racetrack Road, rezoning the property from County “A” (Agriculture) to “C-2” (Commercial General) within the City limits of Fruitland Park.

            Comprehensive Annual Financial Report from the City of Fruitland Park

            Comprehensive Annual Financial Report from the City of Fruitland Park, for the period ending September 30, 2007, in compliance with Section 12 of the Interlocal Agreement between Lake County and the City of Fruitland Park, relating to the Provision of Library Services.

            COUNTY MANAGER’S CONSENT AGENDA

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, as follows:

            Budget

            Request for approval of the following:

            Budget Transfer – General Fund, Department of Facilities Development and Management, Facilities Administration Division.  Transfer $71,595 from Repair and Maintenance to Office Supplies.  County Finance has requested that the funds for the new workstation platforms at the Detention Center be moved from Repair and Maintenance to Office Supplies, to reflect the correct accounting of the expenditure.  Funds are available in Repair and Maintenance.

            Budget Transfer – Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Facilities Administration Division.  Transfer $157,553 from Buildings – Jail and Prelude Re-roof (Project 80090) to Buildings.  The Jail and Prelude Re-roof (Project 80090) has been completed.  Costs were lower than the original budgeted amount.  The excess funds are being moved from the project line to the unallocated portion of the Renewal Sales Tax Capital Projects Fund.

            Budget Transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division.  Transfer $68,663 from Repair and Maintenance to Improvements Other Than Buildings. Funding is budgeted in Repair and Maintenance for improvements to the Mosquito Control washout area.  County Finance has requested that this expenditure be reclassified as Improvements Other Than Buildings to correctly account for the expenditure.  The transfer is for the project estimate of $57,219.23, plus a contingency of 20%.  Funds are available in Repair and Maintenance.

            Budget Transfer – General Fund, Department of Public Works, Parks and Trails Division.  Transfer $40,000 from Aids to Government Agencies to Aids to Private Agencies.  On January 8, 2008, the Board of County Commissioners approved to fund the installation of recreational lighting at one soccer field at the National Training Center in Clermont.  Funds are available in Aids to Government Agencies.

            Budget Transfer – General Fund, Department of Public Safety, Communication Technologies Division, Countywide Radio Program Section.  Transfer $99,100 from Improvements Other Than Buildings    (Project 21003) to Repair and Maintenance ($16,500) and Machinery and Equipment ($82,600).  Funds were incorrectly placed in the Countywide Radio Project for equipment purchases not associated with the project and need to be transferred into the correct account lines for payment of invoices.  Funds available in Improvements Other Than Buildings (Project 21003).

            Procurement

            FOR INFORMATION ONLY – NO ACTION REQUIRED.  The Procurement Policy revisions enacted by the BCC on September 27, 2007 delegated authority to the County Manager to complete certain individual purchase and contract modification actions in excess of $25,000 under "term and supply" contracts. At the BCC meeting in October, 2007, there was discussion regarding a need to provide information to the BCC regarding such actions for a limited period of time.  The "term and supply" contract actions discussed in backup information fall within these informational parameters.

            Request to (1) approve budget transfer of $63,577.00; (2) approve a one time contract award to Titan Material Handling, LLC, to remove existing furniture racks at the Lake County warehouse; (3) approve a one time contract award to Edward G. Magee, d/b/a Warehouse Equipment & Liquidation, to provide installation of pallet racks at the Lake County warehouse; (4) authorize the Procurement Services Director to execute the award section of both documents; and (5) approve the purchase of electric forklift and electric pallet jack from Crown Equipment, Corp.  The total cost shall not exceed $65,656.72.

            Public Safety

            Request for approval of submitted Automatic Aid Agreement between Lake County and Orange County/Osceola County/Polk County and Reedy Creek Improvement District.

            Request for approval of submitted Mutual Aid Agreement between Lake County and Orange County/Osceola County/Polk County and Reedy Creek Improvement District.

            Public Works

            Request for authorization to execute revised Resolution No. 2008-109, accepting Scenic Pine Drive (County Road No. 6746D) into the Lake County Road Maintenance System - Commission District 4.

            Request for authorization to accept the final plat for Hampton Homes of Mt. Plymouth and all areas dedicated to the public, as shown on the Hampton Homes of Mt. Plymouth plat. Hampton Homes of Mt. Plymouth consists of 18 lots and is located in Section 28, Township 19 South, Range 28 East - Commission District 4.

            Request for authorization to release a performance bond, in the amount of $157,415.00; accept a check, in the amount of $72,006.00; execute a Developer’s Agreement for Construction of Sidewalk Improvements; accept a check, in the amount of $84,615.00; execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Banyan Homes; and execute Resolution No. 2008-110, accepting the following roads into the County Road Maintenance System: Arbor Gate Drive (County Road No. 1044G), Briar Hollow Lane (County Road No. 1044H), Still Meadow Drive "Part" (County Road No. 1045C), Colonnade Circle "Part" (County Road No. 1045E), and Indian Hills Lane "Part" (County Road No. 1045G). Timberlane Phase 2 consists of 71 lots and is located in Section 6, Township 23 South, Range 26 East - Commission District 2.

            Request for authorization to release a performance bond for construction of improvements, in the amount of $819,862.47, that was posted for Barrington Estates, Phase 1. Barrington Estates, Phase 1, consists of 118 lots and is located in Section 10, Township 23 South, Range 25 East - Commission District 2.

            COUNTY ATTORNEY’S CONSENT AGENDA

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the County Attorney’s Consent Agenda, as follows:

            Request for approval of Settlement Agreement - 27 GC Ventures vs. Lake County -  Commission District 2.

            Request for approval to release portion of escrow money currently being held by escrow agent to Amerirus, Inc.; and authorize County Attorney to request release of remaining funds upon final reconciliation of costs of clean up.

MINUTES

On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Minutes of May 20, 2008 (Regular Meeting), as presented; May 27, 2008 (Regular Meeting), as presented; and June 3, 2008 (Regular Meeting), as presented.

EMPLOYEE AWARDS

            Presentation of Award to Employees with Five Years of Service

            Gary Kaiser, Director of Public Safety/Fire Chief

            Public Safety/Public Safety Administration

            Marilyn MacLauchlin, Welcome Center Worker

            Tourism and Business Relations (Not Present)

            Eusie Watson, Welcome Center Worker

            Tourism and Business Relations (Not Present)

            Presentation of Award to Employees with Ten Years of Service

            Dianna Magrum, Document Services Coordinator

            Procurement Services/Document Services

            Danny McCullough, Network Technician

            Community Services/Library Services

            Presentation of Award to Employees with Fifteen Years of Service

            Robin Hall, Fire Lieutenant/Paramedic

            Public Safety/Fire Rescue

            Alvin Padgett, Equipment Operator III

            Public Works/Road Operations/Maintenance Area II

            Presentation of Award to Employee of the Quarter

            Frank Couch, Code Enforcement Officer

            Conservation and Compliance/Code Enforcement

            Presentation of Award to Supervisor of the Quarter

            Fred Schneider P.E., Director of Engineering

            Public Works/Engineering

            Presentation of TEAM Award

            Growth Management/Public Works Development Processing Team

            Growth Management Team Members:

            Carmen Carroll, Building Services Manager

            Jennifer Cotch, Environmental Specialist

            Anita Greiner, Chief Planner  (Not Present)

            Krista Wright, Office Associate IV

            Public Works Team Members:

Seth Lynch, Engineer II

            Debbie Marchese, Subdivision Coordinator

            Ross Pluta, Engineer III

            Presentation of FISH Award

            Marcia Rushing, Senior Library Assistant

            Community Services

            Library Services/Marion Baysinger Memorial Library

            PRESENTATIONS

            AWARDS TO VOLUNTEERLAKE PARTICIPANTS

            Ms. Helena Osborne-Ponsi, Volunteer Coordinator, VolunteerLAKE, Community Services, presented awards to VolunteerLAKE participants who have completed the President of the United States’ certification process and achieved Individual Bronze (R. Aponte, T. Boas, D. Cordeiro, M. Ibadlit, M. Maniram, J. Palaguachi, B. Piper), Silver (D. Belisle, J. Sullivan), or Gold (J. Durham [under 14 yrs old] and J. Larmore) Service Award status, in recognition of their outstanding volunteer service to Lake County.

            Mr. Bobby Bonilla, Parks and Trails Division Director, Public Works, addressed the Board stating that he met Ms. Jennie Larmore about two years ago and that it has been a pleasure working with her since then.  He stated that she had a dream of having a dog park and they were able to make that happen at PEAR Park and that she has made many, many trips to the park to clean it, paint the dog cut-outs around the park, and be a positive influence to the young people visiting PEAR Park.  He thanked her for volunteering her services to the park.

            PUBLIC HEARING

            COMMUNITY DEVELOPMENT BLOCK GRANT PRESENTATION

            Mr. Bill Gearing, Community Enhancement Coordinator, addressed the Board and gave a brief power point presentation about the Community Development’s Action Plan for FY 2008/2009, which he noted had been available for public review and comment during the past 30 days and that this meeting would be the final opportunity for the public to comment on the different areas of the plan.  He stated that the Action Plan consists of the following nine components:

  • SF-424-Application for Federal Assistance
  • General Information
  • Housing
  • Homeless
  • Non-Homeless Special Needs
  • Community Development
  • Other Narratives
  • Projects
  • Certifications

            Mr. Gearing stated that staff has been told by Housing and Urban Development (HUD) that next year they are anticipating there will be $968,639.00 available in the Plan, but will not know for sure until some time in mid-October.  He reviewed activities that are planned and estimated expenditures for those activities.  He stated that, with the urban county partners, Astatula is looking to continue to improve Swaffer Park; Lady Lake will continue some much needed road resurfacing throughout the Town; Montverde is still making some needed improvements to Truskett Park, along Lake Apopka; and Tavares will resurface Hibiscus Court, a road that is in very bad condition.  Some Community Enhancement Area Projects involve the construction of a new community center for Yalaha and the acquisition of some property for a park in Ferndale, pending an environmental assessment of said property.  Under the Public Service Activities, they are going to continue working with the Health Department to provide prescription assistance for low income individuals, to make sure that much needed prescriptions are available for them; funding the Community Health Care Worker Program, getting out a lot of information on the County’s health resources; and working on some housing rehabilitation, targeting manufactured and mobile homes.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved a request from Community Services for approval of proposed activities to be funded from the Community Development Block Grant (CDBG) during FY 2008/09; Adoption Resolution No. 2008-111, adopting the FFY 2008 One Year Action Plan; authorization for the Chairman to sign the Application for Federal Assistance (Form SF 424) and the required certifications; and to submit the Action Plan to the Department of Housing and Urban Development (HUD) by August 15, 2008, as presented.

            PERFORMING ARTS CENTER (441 CENTER) PRESENTATION

            Dr. Charles “Chuck” Mojock, President, Lake-Sumter Community College, addressed the Board and gave a brief update about the Performing Arts Center of Lake-Sumter (PALS) project, noting that it is now known as the 441 Center.  He stated that LSCC has been involved with the planning of the Performing Arts Center concept for quite some time, however, noted that, as the project evolved, it seemed there was some misunderstanding about it and it was looked at in a rather narrow view, so it is now known as the 441 Center, which it is felt is a name that captures all the facets that it represents – a home for a wide variety of projects, events, stage plays, town hall meetings, emergency meetings, rehearsal space for students and faculty, fund raisers, children’s programs, and concerts from every genre.  Additionally, the many meeting rooms are perfect for conducting business, expositions, seminars, and local chapter meetings for community groups.  He stated that the 441 Center, which will be large enough to accommodate both Lake and Sumter counties, has taken on a whole new dynamic, as plans for the next phase of development come to life, and LSCC is now in the process of reaching out to the communities, in an effort to raise awareness and build grass roots support for it.  He highlighted a few reasons why it is felt the 441 Center is needed now, being:  educational opportunities, in that the Center is designed to cater to everyone; there will be an endless array of diverse activities and functions, making it an excellent place for the community to meet and gather; area residents, visitors, and community leaders will find the uses for this space virtually without end; it will be a convenient place to continue lifelong learning, and students from college age and beyond will reap the benefits of an array of educational offerings that it will bring; and it will be designed with state-of-the-art functions in mind, to properly house the wide variety of culturally enriching events, such as stage plays, forums, readings, and rehearsal space mentioned earlier.  He stated that LSCC understands the uncertainty caused by the current economic climate, but they also realize that the Board must continue to plan for the future of Lake County and, by keeping the 441 Center front and center in community awareness, the County’s residents will be ready to give their support to the Board for this project.

            Mr. Jim Beyer, President, Power One, representing PALS, addressed the Board stating that his company has been serving the community for over 20 years in various aspects of telecommunications and network integration and internet services.  He discussed the economic initiative that has been taken, in consideration of this project, and that he would like for the Board to seriously consider that element.  He stated that he has been working with the 441 Center team as a business person and believes that this project is something that the local economy needs – it is an initiative that focuses on the economic prosperity of the local community and will generate over 250 jobs, bring 220,000 visitors into the area, and generate over $7 million in revenue.  He stated that the 441 Center team paid thousands of dollars to have a study done by Dr. Hank Fishkind, Fishkind & Associates, Inc., who concluded that the Lake County area could use this type of facility to generate benefits for the local economy.  He encouraged the Board to think about this project from a business perspective, noting that he believes together, as a community, it can be done.  He stated that he believes in it and thanked the Board for their help in trying to make it happen.

            Commr. Cadwell stated that the Board feels the 441 Center is a great project and is committed to it, but they are concerned about the cost of it and have to figure out where the money is going to come from, noting that, as they go through the budget process, they try to take care of things that they are required to do first and then look at helping other projects.  He stated that they understand the economic benefit of the project and that, if the County is going to stay in the game on tourism, it has got to have some other things happening.

            PUBLIC HEARING

            ORDINANCE ESTABLISHING A GREEN BUILDING STANDARDS PROGRAM

            Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor for its first and final hearing, by title only, as follows:

            AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE VIII, CHAPTER 6, LAKE COUNTY CODE, ENTITLED GREEN BUILDING STANDARDS; CREATING SECTIONS 6-106 THROUGH 6-117, LAKE COUNTY CODE; PROVIDING FOR DEFINITIONS; PROVIDING FOR A TITLE; PROVIDING FOR PURPOSE AND INTENT; PROVIDING FOR GOVERNMENT LEADERSHIP; DESIGNATING RESPONSIBILITY FOR ADMINISTRATION AND IMPLEMENTATION; PROVIDING FOR PROGRAM APPLICABILITY; PROVIDING FOR GREEN BUILDING AND DEVELOPMENT COVERAGE; PROVIDING FOR GREEN BUILDING AND DEVELOPMENT STANDARDS; PROVIDING FOR INCENTIVES; PROVIDING FOR EDUCATION AND TRAINING; PROVIDING FOR INDEX AND REPORTS; PROVIDING FOR PROGRAM REVIEW; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

            Ms. Amye King, Growth Management Director, addressed the Board representing the Green Team, stating that they began working on the proposed Ordinance on April 21, 2008 and, after a mass amount of collaborative effort from the team, they have the Ordinance before the Board this date, which establishes a mandatory Green Building Standards Program for the County’s building projects and a voluntary Green Building Standards Program for the citizens’ building projects.

            Mr. Dale Greiner, Building Services Director, Growth Management, addressed the Board and gave a brief background history on how the proposed Ordinance came about, noting that, in October of 2007, the Governor requested the work group for the Florida Building Commission to create a Green Building Ordinance, which they did in January of 2008 and presented it to the Green Team, for their perusal and tweaking, at which time three public workshops were held and a lot of input and insight was obtained from some very important people.  He commented that the proposed Ordinance is based on education and training, as opposed to government control, and that four of the major green building organizations are the Florida Green Building Coalition, the U.S. Green Building Council, the Green Building Initiative, and the National Association of Homebuilders.  He stated that House Bill 697 in 2008 had to do with energy efficiency and moving it from 15% for the 2007 Code up to 50% for the current efficiency 2019 Code.  He informed the Board that codes change every three years, so, for every three year increment, the County is hitting it 20%, 30%, 40%, and 50%, up to 2019, which has to do with solar energy, tiles on roofs, different types of windows, skylights, and programmable thermostats.  He stated that House Bill 7135 is the Energy Bill, which created the Florida Green Government Grants Act, however, noted that the County cannot be involved with that Act, unless it has something like the proposed Ordinance in place, therefore, would recommend approval of it.

            The Chairman opened the public hearing.

            No one was present in opposition to the request.

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

            Commr. Renick stated that staff did exactly what the Board directed them to do and thanked them for an excellent effort.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Ordinance No. 2008-52, establishing a Green Building Standards Program, as presented.

            ENVIRONMENTAL UTILITIES

            EXTENSION OF WASTE COLLECTION SERVICES CONTRACTS

            Mr. Daryl Smith, Environmental Utilities Director, addressed the Board stating that this request was a follow-up on some discussions that were held previously, relative to the County’s solid waste collection services, noting that the current contracts expire on September 30, 2009.  He stated that staff has been working for the past year to determine how to put new services in place and decided that they would like to negotiate with the current contractors and extend the existing contracts, which have a provision where they can be extended for an additional five years, and the request before the Board would allow them to finalize those negotiations and come back to the Board at a later date with a final agreement.  He noted that there are five recommendations included in the request, being: (1) to move forward immediately with accepting cardboard in the curbside recycling program, which can be done without any additional expense to the Board and will give the County an opportunity to add another component to its recycling services; (2) to authorize staff to move forward with the potential for mandatory separation of recyclables, which would mean that all recyclables would have to separated from the regular garbage and placed in recycling containers, at which time staff will come back to the Board with a recommendation regarding how the County will implement the program, enforcement, and what the impact will be, if the County moves forward with the recommendation; (3) to direct staff to continue negotiations with two of the franchise collectors, being WSI and Waste Management, both of which have agreed that they would like to have their current contracts extended for an additional five years; and (4) to not extend the contract that the County currently has with Viola, another franchise collector, in that they have indicated to staff that they are not interested in having their contract extended.  He stated that, while the Board has the discretion to unilaterally extend the contract, staff believes it is not in the County’s best interest to do so, if the contractor does not want to provide the service.  He commented that staff’s final recommendation would be, because the County will not be extending the contract for Viola, to direct staff to negotiate with the remaining two franchise collectors about taking over Viola’s territory and finalize those negotiations.  He stated that, if they cannot work it out, the County will still have the opportunity to go out for competitive procurement, but he does not feel that will be in the County’s best interest at this point in time.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Environmental Utilities for approval of staff’s recommendation, relative to enhanced solid waste collection services and the potential extension of the collection services contracts for two (2) of the three (3) solid waste collectors, being WSI and Waste Management.

            OTHER BUSINESS

            WOMEN’S HALL OF FAME COMMITTEE REAPPOINTMENTS

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board reappointed members of the Women’s Hall of Fame Selection Committee, as follows:

            District 1 – Carolyn Richardson

            District 2 – (to be appointed at a later date)

            District 3 – Gwen Manning

            District 4 – Carmen Cullen

            District 5 – William (Billy) Goodson

            LOCAL PLANNING AGENCY APPOINTMENT

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board appointed Terry Godts to a vacant At-Large Representative seat on the Local Planning Agency (LPA), representing Commission District 2, to complete an unexpired term ending January 31, 2009.

            LAKE COUNTY ARTS AND CULTURAL ALIANCE APPOINTMENTS

            On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board appointed representatives from the Cities of Clermont, Leesburg, Minneola and Fruitland Park to the Lake County Arts and Cultural Alliance, with the representatives from the Cities of Clermont, Leesburg, and Minneola to serve two year terms, ending July 31, 2010, and the representative from the City of Fruitland Park to serve a one year term, ending July 31, 2009, as follows:

            City of Clermont

            Keith Mullins (reappointment)

            City of Leesburg

            Amy Griffin (reappointment)

            City of Minneola

            Jan Swanke (appointment)

            City of Fruitland Park

            Leslie Vath (appointment)

            WELLFLORIDA COUNCIL BOARD OF DIRECTORS’ APPOINTMENTS

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board appointed individuals to vacant and upcoming vacant positions on the WellFlorida Council Board of Directors, as follows:

            Provider Position

            Jonathan Cherry (reappointment)

            Purchaser Position

            Shannon Elswick (reappointment)

            Consumer Position

            Deborah Brazill (appointed to complete unexpired term and consecutive two year term

            ending September 30, 2008)

            AFFORDABLE HOUSING ADVISORY COMMITTEE APPOINTMENT

            RESOLUTION

            On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 4-0 vote, the Board approved Resolution No. 2008-112, appointing a member to the Affordable Housing Advisory Committee, to complete an unexpired term ending November 30, 2008, and to serve a consecutive two year term, as follows:

            Resident Who is Actively Engaged as a Real Estate Professional in Connection with

            Affordable Housing

            Bryan Biery

            REPORTS – COUNTY ATTORNEY

            AGREEMENT BETWEEN LAKE COUNTY AND SUMTER ELECTRIC COMPANY

            The County Attorney informed the Board that the Public Safety Department has a leased building on Old Hwy. 441, where they are installing radios in county vehicles, as part of the County’s radio system, and the County has some poles that it would like to have erected on the site, so that cameras can be installed on them for security purposes.  Sumter Electric Company (SECO), who has been working in the area, is willing to do it for the County, but would like to have an agreement with the County to the extent allowed by law, to indemnify them.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved to enter into an agreement with Sumter Electric Company (SECO) to have poles installed on a site that the County is leasing on Old Hwy. 441 for the Public Safety Department, to allow the installation of security cameras at the site; and authorized the County Manager to sign said agreement.

            CLOSED SESSIONS

            The County Attorney requested approval to hold one to two Closed Sessions at a future Board Meeting, depending upon how they can be scheduled, to discuss pending litigation.

            On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved the County Attorney’s request.

            ADMINISTRATIVE APPEAL BY ST. JOHNS RIVER WATER MANAGEMENT

            DISTRICT

            The County Attorney stated that, with regard to the St. Johns River Water Management District’s (SJRWMD) Administrative Appeal discussed by the Board at the last Budget Meeting, Orange County has approved a Resolution opposing said project and Volusia County was looking at opposing it, as well.  He stated that the Groveland City Council agreed to pay up to half of the cost of the Appeal at a meeting that was held on Monday, August 4, 2008, and has already engaged an attorney, Mr. Dick Woodson, with the law firm of Foley Lardner, who is somewhat of an expert in dealing with the SJRWMD, and that he discussed with the Groveland City Attorney, Ms. Anita Geraci, the idea of Lake County participating with them in appealing.  He noted that he had sent the Board information regarding the fact that the District Court of Appeal recently ruled against Marion County in a similar type case, but, in talking with outside counsel, they feel the facts are somewhat different in this case and that they can present better arguments than Marion County was able to present.  He recommended that the Board authorize staff to file the Appeal, noting that his intent would be to work with the City of Groveland and that there would probably be some type of an interlocal agreement coming back to the Board for approval.  He stated that other cities may want to help participate in the costs involved and, if so, the counsel that the City of Groveland has already engaged would be used.

            The Chairman commented that Orange County Commissioner Teresa Jacobs and Volusia County Commission Chairman Frank Bruno, Jr. should be sent a personal letter, along with a letter to their respective Boards, thanking them for their support in this matter.  He stated that the Central Florida Congress of Regional Leaders that came out of Myregion.org is willing to take on issues such as this and has passed a Resolution supporting the County’s position.  He noted that 7 counties, 7 School Boards, and 87 cities are now represented by the Central Florida Congress of Regional Leaders.

            Commr. Renick thanked the Chairman for his participation in this issue, noting that he did an excellent job at the Central Florida Congress of Regional Leaders Meeting.  She stated that this is not just Lake County’s issue and she felt it was wonderful news to hear about Orange County, not to mention the news that the City of Groveland is willing to pay up to half of the costs of the Appeal, which is going to be a huge help.

            The County Manager interjected that she had received a call from the City of Eustis, indicating that they would like to pass a Resolution in support of this issue, at which time she requested authorization to draft a Resolution, to be distributed to all the Cities in the County, noting that there may be other cities that would be interested in participating, as well.

            The County Attorney noted that he sent the Resolution passed by the Central Florida Congress of Regional Leaders to the City of Mt. Dora and that he believes they are also working on a Resolution.

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board directed the County Attorney to move forward with filing the Appeal and the County Manager to draft the Resolution she alluded to, for distribution to the Cities.

            REPORTS – COMMISSIONER STEWART

            COMMUNITY REDEVELOPMENT AGENCY FOR MT. PLYMOUTH/SORRENTO

            Commr. Stewart informed the Board that there is a group of people from Mt. Plymouth/Sorrento that are interested in putting together a CRA (Community Redevelopment Agency) for that area, but they need some guidance and asked that she request approval from the Board to allow staff to help them proceed.

            The Chairman stated that the Board has not done that before, however, noted that it has been discussed and that he feels it is time to do it.  He feels the County should at least direct staff to help educate them on what it is and how to go about it.  He wants it to be a community based momentum, but feels that they need to have the facts – that staff needs to tell them what the law states, how it is set up, who controls it, etc.  He stated that it has got to be a realistic CRA – what the Statute intended for it to be and noted that, at the end of the day, it will be up to the Board to approve or deny it.

            NEGATIVE IMPACT OF URBAN SPRAWL

            Commr. Stewart brought up for discussion the issue of urban sprawl and what a negative impact it has on an area and why it is so important to keep high densities close to municipalities, where the services are.  She stated that, because of what has been learned, the Local Planning Agency (LPA) has worked very hard on a Comprehensive Plan that will accommodate the vision that the County has for the future, noting that they realize that green space and open and rural areas are important to a community and to a county, but also that what municipalities have to offer is important, as well.  She feels the County now needs to work on local cooperation, because, if they all do not have a similar view of what they want Lake County to look like 50 years from now, they are going to find that they are working against each other and are going to fail. She suggested holding meetings with individual municipalities, to discuss the issue, noting that they need to get a vision for the future that all of Lake County can buy into, so that they can work towards it and not have to undue something later on.

            The Chairman stated that it is never a bad time to do what Commr. Stewart suggested, however, noted that he would rather they not waste any energy working on it until the County’s Comprehensive Plan is close to being finished.  He suggested that they think about it and determine what the best forum will be for dealing with it at their next meeting.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board and distributed a copy of their local newspaper, The North Lake Outpost, for the Board’s perusal, noting that it contained an article about a Meet the Candidates Voter Forum, scheduled to be held at the Spring Creek Elementary Cafeteria, on Thursday, August 7, 2008, at 6:30 p.m., where those attending can meet and greet current and future local government elected officials.  He invited everyone to attend, noting that refreshments will be served.  He stated that the newspaper also contained an article about disposable cameras that were donated by CVS Pharmacy to foster children camping out at Camp La-No-Che, in Paisley.  The event is Camp Sib, Bringing Siblings Together, which was created by the Child Welfare Leadership Program in the State of Florida, sponsored by the Department of Children and Families.  It is a camping experience for separated siblings in foster care around the State, who have not seen their siblings for six months or more.    He also commented about bottling companies that want to draw water from the aquifer and the fact that the Northeast Lake Chamber of Commerce is the only chamber in the County that is strongly against allowing any bottling company from doing so and the fact that people need to be very aware of the facts involved with allowing them to do it, which he elaborated on.

            RECESS AND REASSEMBLY

            At 10:05 a.m., the Chairman announced that the Board would recess for ten minutes.

            BUDGET WORKSHOP

            PUBLIC WORKS

            Mr. Jim Stivender, Jr., Public Works Director, addressed the Board stating that his staff had some huge challenges dealing with the Road Operations and gas tax portion of their budget this year, noting that they did some major cuts in a combination of areas, mostly in services, so the services provided will be slower than it has been in the past, because of the challenges they are being faced with.  He stated that Procurement Services provided his department with information regarding what they needed to replace, with regard to his fleet, but they were challenged with finding funds to replace them.  They identified $1 million in sales tax that could be used to replace equipment, all within the Road Operations Division; however, it was only 21% of what actually needs to be replaced.  He informed the Board that, due to the private sector slowing down, his department was able to hire some very good people over the last three years and is now doing some work in-house, rather than hiring consultants.  He stated that, during the coming year, there will be no additional or major services in the design field, because they have plenty on their plate at the present time.  With regard to stormwater, he stated that there is approximately $6 million currently in Reserves, so they have allocated $2 million for three major projects in different parts of the County for the coming year, to solve drainage issues.  He stated that, with regard to MSTUs, subdivisions have been a challenge the last two years and especially this year, due to people not finishing projects, so between the County Attorney’s Office and his staff, they are making sure that projects get completed.  He noted that there were delays, because homes were not selling, therefore, lots were staying vacant, which has created a challenge for staff – to make sure that everything is properly maintained and that the unfinished product is still in place and is in good condition.  He stated that, based on calculations, revenue projections for the five year plan are down by $6 million on the Capital side, due to a reduction in road impact fees, sales tax, and other funds.

            Regarding the issue of PLAAC, Mr. Stivender noted that Mr. David Hansen is a new addition to his team and that he has done a great job and is an asset to his department.  He stated that $360,000 has been taken from the General Fund for the County Transportation Trust (CTT) and another $1 million that was allocated for Parks was moved to MSTUs.

            Commr. Cadwell discussed a concern he has about the County’s parks and the fact that the Board has committed to continue to move forward with its parks, noting that the only thing worse than not building parks is to build them and then not take care of them.  He stated that they are going to be the County’s shining star to its citizens and he does not want them to be shortchanged.  With regard to the hours of operation, he stated that the County is going to have to be flexible, because some teams may start earlier or later than others.

            Mr. Stivender commented that, because of cutbacks in staff, the ability to cover the parks full time was stretching staff too much and the only way they could make it work was to change the hours of operation.

            Commr. Cadwell stated that changing the hours of operation was not going to work and suggested that, perhaps, the parks be closed for a day, rather than changing the hours, noting that the County is going to have to be flexible and look at each individual situation.  He stated that there were three positions that got caught in the County’s freeze from last year’s budget that have not been filled and that he discussed the matter with the County Manager and hoped the Board would support him in asking her to try to find a way to fund those positions, noting that they were not new positions – they were already in the budget, they just happened to be vacant at the time that the County put a freeze on hiring.

            The County Manager interjected that there is probably funding for said positions and that staff will look into it and come back to the Board with some solutions to the problem.

            Commr. Cadwell stated that the Board specifically set aside $120,000 for the Northeast Lake County Park and that it was tied into some matching grant money that the County received for said purpose and asked that staff find that money and put it back where it is supposed to be.

            Commr. Hill interjected that, when the Board started talking about parks and, specifically, the Northeast Lake County Park, it was not the actual dollars to construct the park, but the operating and on going maintenance of the park that the Board was not sure about what those dollar amounts would be, but that she thought partnerships were mentioned.  She questioned how many hours the Board felt County employees would need to be present at the park, as opposed to the people that would be running things, such as the Little League Program.

            Commr. Cadwell stated that he felt, for a park the size of the Northeast Lake County Park, the County needs to have somebody there full time.

            Mr. Stivender informed the Board that one of his crews serves the whole County, but that Mr. Bobby Bonilla, Parks and Trails Division Director, Public Works, plans to split it into a north and south crew and have a crew working out of north Lake County, so there will be a presence in north Lake County at all times.

            Commr. Cadwell commended Mr. Bonilla for what he has done with PEAR Park, utilizing in-house staff.

            Mr. Stivender suggested that the Board give staff a chance to put some figures together, as to what it would take to maintain the park, and come back to them at a later date with said figures.

            Commr. Renick questioned whether it would in any way jeopardize the Hooks Street/Lakeshore Drive Stormwater Project that the Lake County Water Authority was heading up, but looking at the County to be a partner in it, as well as the City of Clermont.

            Mr. Stivender stated that it was not on the County’s list of projects that his department is actively working on at the present time.

            Mr. Fred Schneider, Director of Engineering, Public Works Department, addressed the Board stating that staff is currently working on an agreement regarding the Hooks Street/Lakeshore Drive Stormwater Project, but that they do not know what the construction cost is going to be, so they are going to structure the agreement in such a way as to do the conceptual engineering first and determine whether something should be done and, if so, what should be done and then get all three entities together and try to come up with a plan.  He stated that he did not know how soon staff could come up with a construction number, however, noted that preliminary engineering wise, they have an idea of what the conceptual design will cost.

            Commr. Hill questioned the status of the Picciola Bridge Project and was informed by Mr. Stivender that funding for that project comes out of sales tax and that funds have been allocated for it in 2010/2011.  He stated that it is a good candidate for federal funding, because of the Federal Bridge Program, therefore, if the County can obtain some federal dollars, he could free up that money and use it someplace else.  He commented that staff has been talking with the County’s lobbyist, as well as some local consultants who have done such a project before, and the three areas they are going to look at is that there is a separate bridge program under the federal docket, a road program, and a trails program, and staff is going to approach each one of them and bring something back to the Board at a later date.

            INFORMATION TECHNOLOGY

            Mr. Steve Earls, Information Technology Director, addressed the Board and discussed various aspects of his department’s budget, noting that this year almost all of the divisions under his department have had their budgets reduced - the Telecommunications budget by 38%; the Administration and GIS budgets by 37% each; Information Systems by 28%; and Records Management by 7%, and, for the most part, said reductions were due to the transfer of funding for Repair and Maintenance - expenses that were not directly related to the Department, which include software costs for General Fund and Non-General Fund computers, and Communication and Freight, which includes internet access, leased fiber optic data connections and Embarq leased connections to the Computer Repair and Replacement division.  He stated that transfers from other IT divisions into the Computer Repair and Replacement division explains why that particular budget was increased over 800% - $1.1 million, but the good news is that the overall IT budget was reduced by 4%, or $166,000.  He stated that one of the first places that cuts were made in his department was in training, noting that they are looking at alternative methods of training and, due to that, there have been significant reductions in their travel budget, as well.  Another area where their budget was cut was in memberships and operating supplies.  Additionally, IT has eliminated two open positions for FY 2008/09 and continues to look at ways to reduce the bottom line.  He stated that, in 2008/09 his department will continue to replace computers, as needed, on a three to six year replacement cycle; they will continue to phase in a replacement of aging computer network components; they will continue to go digital, saving paper and storage costs; they will continue to help improve and, in some cases, automate the County’s business processes; and they will continue to provide a safe computing environment for each of their users to perform their jobs and will get the job done with the resources available, by taking the initiative to be creative, resourceful, innovative, and efficient.

            Mr. Earls introduced the County’s new Geographic Information Services (GIS) Director, Mr. Kevin Willis, at which time he and each of the following Division Directors gave short presentations about their particular divisions:

            Leon Platt – Information Systems Director

            Scott Merklinger – Programming and Application Support Services Director

            Larry Chester – Records Management Director

            Doug Woodyard – Telecommunications Director

            ECONOMIC GROWTH AND REDEVELOPMENT

            Ms. Cindy Hall, County Manager, informed the Board that Ms. Dottie Keedy, Economic Growth and Redevelopment Director, was out of state, so she would be giving this presentation in her place.  She stated that the Department of Economic Growth and Redevelopment is the one area that it was felt was very important to add resources to, with the exception of Public Safety, who has some additional personnel.  She commented that this is the only area where they have asked for an additional staff member and that position is a Business Development Coordinator, who will be responsible for developing a marketing program, updating and maintaining the department’s website, and working with existing businesses on retention and/or expansion plans.  She stated that there are several new programs that are included within this department’s budget, at which time she referred to a University of Central Florida/Lake County contract that provides for a professional manager’s position for the Leesburg Business Incubator, noting that the City of Leesburg provides that facility and staff for the facility, as well as all the equipment for the operation of it, and the County has included $80,000 to help support the salary and benefits of the position.  The County has included approximately $6,000, as well, to look for a firm who specializes in the design of an Economic Development website, which will provide access to the County’s GIS System, and a site where companies or individuals looking at Lake County can search for available properties within the County.  She stated that they have also included approximately $10,000 to look at planning for an office employment center that has been targeted for the Mt. Dora/Sorrento area, which staff is hoping to market as a corporate headquarters.  The area that they are looking at is north of SR 46 and east of Round Lake Road.  There is money in the budget to include the sponsorship of a one day conference on redevelopment issues, as well, similar to what has been done in the past, which was very successful and staff would like to continue that effort.

            Ms. Hall stated that the Economic Growth and Redevelopment budget includes $100,000 as an incentive package for job creation for smaller businesses, so that, as they come forward, periodically, staff will bring to the Board a request for approval of a $20,000 award, or a $30,000 award, etc.  She stated that, if there is something that Ms. Keedy and the Economic Growth and Redevelopment staff feel is important enough to bring before the Board for consideration that has large dollar values, 2% of the entire 10% of what is called Economic Stabilization Reserves is in the General Fund for that, but it will take action by the Board to award it.  She stated that there is also a contract with the Metro-Orlando Economic Development Commission (EDC) and $286,500 has been included in the budget pertaining to that contract.

            Commr. Hill stated that a lot of what was covered by Ms. Hall is contained within the Strategic Plan and it is a matter of working that plan forward.  She stated that they are trying to be proactive within the Economic Development aspect of the budget and it looks like they are getting a lot of good applicants for that position.

            Commr. Cadwell interjected that the County has talked the talk and now it needs to walk the walk, noting that they have said they are committed to Economic Development and he feels that anybody can look at that budget and not question whether they are or not.

            Commr. Renick questioned the $286,500 that has been budgeted for the contract with the Metro-Orlando EDC and the fact that it is something that is discussed each year – that it is not an automatic thing – it is just what is budgeted for it, but that it may or may not be that amount.

            Commr. Hill stated that the County was a year behind and that the County is now right on schedule – that it is something that should have come up before this, but the Board did not approve the last contract until much later.

            Ms. Hall informed the Board that, in fairness to the Metro-Orlando EDC, if there is an issue concerning their contract, staff would need to know, because the EDC is in the process of hiring someone for Lake County and they would need to know if the County is planning to fund that position.

            CONSERVATION AND COMPLIANCE

             Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board stating that his department was created approximately four months ago and was comprised of elements of Growth Management.  He stated that in the Compliance, or Code Enforcement, area they took over some of the final compliance inspections that had been performed by Public Works, Growth Management and Development Services, and the Building Department, to actually make the final check before a Certificate of Occupancy (CO) is issued on a commercial development site, and he feels that unifying that one element has helped a lot.  He stated that they also took over the Soil and Water Conservation District and the Mobile Irrigation Lab, which is funded by the St. Johns River Water Management District, the Florida Department of Agriculture and Consumer Services, and the National Resource Conservation Service.  He commented that, if things work out, he would like to see the Mobile Irrigation Lab expanded, noting that, at the present time, they deal strictly with agricultural entities, commercial growers, nurseries, etc., and they do a wonderful job, but, in the future, if there is the ability to expand into residential areas, dealing with homeowners associations, etc., that is where a significant impact can be made - the Mobile Irrigation Lab provides an exact science, where irrigation is concerned, and he feels it will benefit very much individual homeowners.  He stated that Environmental Services was also brought under his department, noting that in the past they had been doing some environmental inspections and compliance issues, but that has all been brought in-house, so that people can deal with one office, rather than bouncing the issue around and two or three individuals showing up on a specific compliance issue, and he feels that has helped, as well.  He commented that something else that has been implemented over the past year is that they have expedited the Code Enforcement process, in that, in the past, the Code Enforcement officer would visit a site where a complaint occurred half a dozen to a dozen times urging them to comply and, if they are not going to comply, it doesn’t matter how many times they are visited, they are just not going to comply, so, rather than going that long route and never getting compliance, staff gives them a reasonable amount of time to comply and, if it is obvious that they are not going to do it, they are taken before a Special Master, in order to have some guarantee of getting it done, which minimizes the number of inspections that the County performs that have no benefit, and it also serves to improve the customer service with the neighbors who have concerns.  By minimizing the time and number of inspections, it allows staff to do more and do it more effectively, which he feels will benefit the County in the future.  Regarding a loss in personnel, he noted that his office is only down three people from where it was last year in enforcement overall and that he feels, with the things his office is now doing, they can make up those losses without any impact to service.

            With regard to Conservation, Mr. Welstead stated that they are proceeding with education, as to the primary venue for getting the message across, noting that there have been a number of initiatives held regarding it and he feels the County will benefit from it.  He stated that Soil and Water Conservation has always had a Public Outreach Specialist and that, as part of this initiative, said individual is going to the St. Johns River Water Management District to receive training to give presentations to elementary school children throughout the County year round.  He stated that something that came up a couple of weeks ago was the issue of noise and that he feels the County has its work cut out for it.  He stated that it is not included in the budget at the present time, but that staff would come up with a recommendation to be presented to the Board at a later date.

            Commr. Cadwell stated that, although Mr. Welstead hesitated about taking on the challenge of creating this department, he feels it was a great move for everybody concerned.

            Commr. Renick informed the Board that, when she was first elected, there were so many complaints about how long it took Code Enforcement to resolve an issue, but that is no longer the case, noting that now complaints that are referred to Code Enforcement are resolved right away, which is great.

            LAKEFRONT TELEVISION

            Commr. Cadwell noted that there were some issues that needed to be cleaned up, one being Lakefront Television.

            Mr. Greg Holcomb, Communications Technology Director, Public Safety, addressed the Board and distributed a handout regarding the Lake County Cable Franchise Agreements, which he reviewed, indicating that the County has franchise agreements with three cable companies, being: Comcast – 125,000 customers; Bright House Networks – 40,000 customers; and Florida Cable, Inc. – 15,000 customers, totaling 80,000 cable customers.  He stated that, geographically, the franchises and subscribers are spread out amongst Lake County, as follows: Bright House Networks, in Sun Lake Estates, south Lake County, Clermont, Groveland, Mascotte and Minneola; Florida Cable, Inc., in Astor, Astor Park, Lake Jem, Astatula, rural north and east Lake County, rural west Eustis, and several small communities around the County; and Comcast in all the rest of the municipalities, except for Astatula and surrounding areas, as well as some provisioning in south Lake County.  He stated that the County can broadcast on several channels, per its cable franchise, noting that Educational and Government Channels (EG) are on Channel 199 on Bright House Networks, Channel 4 on Florida Cable, Inc., and Channel 22 on Comcast (Lakefront TV), and it can broadcast through Lake-Sumter Community College (LSCC) on Comcast’s Channel 13.  He discussed how connectivity with said companies occurs, which is through fiber connections that the City of Leesburg has to the different networks, at which time he noted that LSCC and Florida Cable are connections that the County pays for, to connect to the Emergency Operations Center (EOC) and bring Florida Cable into the EG broadcast network.  LSCC, in turn, has capabilities it pays for to broadcast to Comcast’s Channel 13.

            Mr. Holcomb stated that, per the County’s agreement with the City of Leesburg for FY 2005/2006, the County connects through its fiber network to provide connectivity to the EG channels.  He commented that the agreement states the City provides connectivity for the first three years, but it is through discussion only, noting that the agreement does not indicate that – the County has an agreement for the fiber optics, but, although he did not work for the County at the time that the discussions were held, he understands that three years was the mark that was set.  In April, 2009, Lake County will be responsible, under the agreement, to begin fully paying for all the connections, which would be the three that the City broadcasts to and then continuing to pay for the Lake-Sumter Community College connection, which the budget reflects.  He stated that he put together some options and what effect those options would have on the County, which he reviewed with the Board, as follows:

            1.  Keep everything as is:

                  a.    Proposed budget covers the network costs for broadcasting both the Educational and Government Access Channels on the three (3) carriers

                        (Bright House Networks, Comcast, and Florida Cable, Inc.) and capability on the LSCC Comcast Channel 13.

                   b.  Continual ability to meet with Leesburg to discuss and renegotiate.

                   c.  Agreement continues to allow for termination in thirty (30) days, at will.

            2.  Connect only to Lake-Sumter Community College:

                   a.  This would allow for broadcasting to only Comcast customers on Channel 13.

                   b.  Without the network connectivity, Bright House Networks and Florida Cable, Inc. customers would not have viewership of County, EOC, or City

                        programming.

                   c.  Reduces EOC broadcasts, by cutting the viewing capabilities by approximately 55,000 subscribers (Bright House, Florida Cable).

                   d.  This would reduce monthly costs to $621.18 per month.

            3.  Eliminate the broadcast capabilities:

                   a.  Eliminates connectivity of the EOC to cable customers during emergencies.

                   b.  Government programming (BCC and School Board Meetings) would need to be delivered to Lake-Sumter Community College, Bright House

                        Networks and Florida Cable, Inc. in a VHS format for broadcasting.  This option was done prior to the agreement and network connectivity.

                   c.  This decision would have cost impacts on time and manpower for BCC staff for creation of tapes and delivery costs in time, manpower, fuel, and

                        vehicle maintenance (previously delivered by Library courier).

                   d.  This would impact the use of audio-visual equipment for the creation of the tapes.

                   e.  LSCC could continue to broadcast its venue to Comcast customers via its paid for connection to Comcast.

            4.  Eliminate any form of County broadcasting via cable:

                   a.  Eliminates all viewership on television.

                   b.  Eliminates EOC capabilities.

                   c.  BCC and School Board Meeting would cease.

                   d.  BCC can decide to relinquish Channel 22 back to Comcast.

                   e.  Saves all network funding.  Zero cost.

                   f.   Broadcasting via the Internet could be expended (could become costly for bandwidth).

            Commr. Cadwell stated that the Board was not interested in Options 3 and 4 at all, in that they were not going to stop broadcasting, so they could be eliminated for consideration.  He asked what the City of Leesburg is planning to do about Channel 22, which they get the rights to through the County, and was informed by the County Manager that she asked the Leesburg City Manager whether the City plans to make any changes and was informed that they do not, that they plan to continue with it as it currently is – through the County’s cable franchise.

            Commr. Renick discussed a concern she had about the fact that Option 2 reduces the EOC broadcast, noting that she had hoped there would be an option where the County would still be able to have that broadcast.

            Mr. Holcomb stated that the increased costs contained within the budget is network connectivity and, to hit all those cable companies, that network connectivity has to remain in place and then Leesburg picks up all the equipment costs, etc.

            Commr. Renick stated that the issue before the Board kind of looked like a censorship move, but that was not the case, noting that she saw it as a frivolous expense for the County, while all the departments were making big cuts in their budgets, and wanted to see if it was worthwhile.  She stated that, although she feels some of the programming would fall under the frivolous category, she did not want to reduce the emergency operations side of it.

            Commr. Cadwell interjected that he felt broadcasting the Board Meetings, even on a late basis, is a good educational tool, in that it lets the public know what the County is doing.

            It was determined that the Board did not have to make a decision regarding the matter at this time.

            LIBRARY SYSTEM

            Commr. Cadwell stated that another issue the Board needed to discuss was that of the City of Minneola and the Town of Howey-in-the-Hills wanting entrance into the Library System and the fact that the Board had picked Option 4, to try to work it out with them.  He stated that the only other issues he had was the money involved with the Niagara lawsuit, the money for the laser, and the $30,000 for the Myregion membership.

            Ms. Cindy Hall, County Manager, informed the Board that she feels the County can fund all of said items, noting that the Budget staff has been looking at ways to come up with funding for them.  She stated that the Minneola and Howey Library Systems – Option 4, was $55,207; the Niagara lawsuit is anticipated to involve between $200,000 and $500,000; and staff looked at three places to fund the $30,000 for Myregion.org, one of them being additional money that will be coming in that staff had not included in the budget, because they were not aware of it, being money from the additional tax sales that were recently held by the Tax Collector’s Office, amounting to approximately $800,000.  She commented that the County is completing the extra $2 million purchase of the Dodge dealership in Clermont and there was approximately $350,000 in the General Fund for Transportation that staff was not counting on.  She noted that there were a couple of pots of Reserve money, so staff feels they can cover it.  She stated that another item the Board had asked them to look at was to see if any grant money is left over for laser out of the County’s current grant program and they are looking at that.  She noted that there will be some money left over, but she does not know how much it will be at this time.

            The Chairman commended the County Manager and the Budget Office staff on the Budget presentation, noting that it was simple to understand, it was to the point, and it hit everything that is in the public’s interest that they wanted to know about.  He stated that, in a tough budget year, the process was as good as it could be.

            Ms. Hall stated that she appreciated his comments and commended staff, noting that they have been outstanding in having to cut back, but coming forward with a very positive attitude that they could still do it, and she appreciated them for coming forward with such an attitude.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:45 a.m.

 

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

__________________________

NEIL KELLY, CLERK