The Lake County Board of County Commissioners met in regular session on Tuesday, November 4, 1997, at 9:00 a.m., in the Board of County Commissioner's Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: William "Bill" H. Good, Chairman; G. Richard Swartz, Jr., Vice Chairman; Rhonda H. Gerber; Catherine C. Hanson; and Welton G. Cadwell. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Ava Kronz, Director of Continuous Quality Improvement; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Commr. Cadwell stated that he would like to address the issue of possibly having struck from the law county and municipal employees' names and addresses being public record. He stated that the County Attorney had put some language together regarding same, as requested, and that he would address the matter under his Commissioner's Business.
The Chairman interjected that said issue was contained in the legislative package that was put together, for the Board's perusal and approval, which would be addressed later in the meeting.
Ms. Sue Whittle, County Manager, stated that there was an Addendum to the Agenda and that it had been properly advertised. She stated that she would like to withdraw from the Agenda Tab 23, a request from Growth Management for approval to advertise an Ordinance amending Appendix E of the Lake County Code, amending Chapter II, Definitions, Chapter III, Zoning District Regulations, providing for the amendment of Section 3.02.05 - Setbacks, and Chapter VI, Resource Protection Standards, providing for the amendment of Section 6.02.02 - Development Standards for Shorelines and Wetlands; and Tab 25, a request from Solid Waste for discussion regarding the status of the closure of the Lady Lake Landfill and the possible course of action available to the County, until a later date.
Mr. Sandy Minkoff, County Attorney, stated that he would like to add to the Agenda, under the County Attorney's Business, a discussion regarding the issue of annexation.
Ms. Whittle further stated that she would like to add to the Agenda, under her County Manager's Business, a discussion regarding the School Board's recent sales tax proposal vote.
CLERK'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Budgets/Budget Transfers/County Finance
Request for approval of Budget Transfers and Resolution for FY 96/97, as follows:.
A. Transfers:
FY 1996/97:
1. Fund: Several
Department: Several
From: Special Reserve $62,871
To: Personal Services $62,871
Transfer #: 97-435
Justification: End of year adjustment to personal services to reflect actual amounts due to merit increases and Reclassifications that occurred during FY 1996/97.
2. Fund: Greater Hills MSBU
Department: Solid Waste Management
From: Special Reserve $24,061
To: Contractual Services $24,061
Transfer #: 97-453
Justification: To cover additional reimbursement costs to Greater Construction for the Greater Hills Special Assessment Program.
3. Fund: Greater Groves MSBU
Department: Solid Waste Management
From: Special Reserve $29,922
To: Contractual Services $29,922
Transfer #: 97-454
Justification: To cover additional reimbursement costs to Greater Construction for the Greater Groves Special Assessment Program.
4. Fund: Greater Pines MSBU
Department: Solid Waste Management
From: Special Reserve $ 7,209
To: Contractual Services $ 7,209
Transfer #: 97-455
Justification: To cover additional reimbursement costs to Greater Construction for the Greater Pines Special Assessment Program.
FY 1997/98:
1. Fund: Sales Tax Capital Projects
Department: Facilities and Capital Improvements
From: Buildings $30,000
To: Several $30,000
Transfer #: 98-017
Justification: Transfer needed for renovation of the entrance way to the Administration Building and to purchase picture frames and benches for the Historical Museum.
B. Resolution:
FY 1996/97:
1. Fund: Law Library
Department: Non-Departmental
Revenue: Law Library Fees $15,993
Expenditure: Library Materials $ 7,000
Library Publications $ 8,993
Amendment #: 97-439
Justification: Resolution to receive unanticipated revenue from the increased revenue from the fee increase approved on March 4, 1997.
Accounts Allowed
Request for approval of Satisfactions of Judgments, as follows, and authorized proper signatures on same:
Phillip Dale Watts, Case No. 94-1630-CF-A, in the amount of $250.00.
Darlene Marie Vic, Case No. 97-1730MMAO132, in the amount of $120.00.
Bonds - Contractor
Request for approval of Contractor Bonds - New and Cancellations, as follows:
New
1783-98 Jim Turner Plumbing
4607-98 Frederick S. Troesch
4661-98 Banyan Construction & Development, Inc. (Building Contractor)
4667-99 John Meeker
4764-98 Aluminum Structures by Jack Hobbs, Inc.
4765-98 A to Z Aluminum & Home Improvements
4823-98 Robert J. Roper (General)
5140-98 Kenneth B. Coker d/b/a Tech Services (Electrical)
5211-98 Sampson Samuel MAS Unlimited
5245-98 Jan Denelsbeck d/b/a Delight Electric
5360-98 Thomas P. McMahon d/b/a First Florida Contractors, Inc. (Building)
5384-98 Darrell A. Randall d/b/a U & R Electric, Inc.
5426-98 Richard A. Menard (Aluminum)
5435-98 Robert Frank Danley d/b/a D & D Builders
5521-98 Lawrence Hunter Davenport (General)
5529-98 Frank H. Gay d/b/a Frank Gay Plumbing, Inc.
5563-98 DeAnna D. Pfadt d/b/a Diamond Professional Concrete Services
Cancellations
4419-97 Nelson L. Morrow d/b/a Central State Electric, Inc.
5183-95 Mark A. Newman
5472-97 Margarette Allman d/b/a Allman Roofing, Inc.
5524-97 Charles Gabriel d/b/a Gabriel Plumbing
County Finance
Request for approval to abolish Section VIII of the Investment Policy.
Accounts Allowed/County Property
Request for approval of list of items to be deleted from Fixed Assets, for the month of October, 1997, in the amount of $16,218.66.
Accounts Allowed/Courts-Judges/Public Defender
Request to acknowledge receipt of check, in the amount of $14,182.13, for reimbursement of conflict case fees, under Section 925.037, Florida Statutes. This brings the amount received for conflict cases to $18,909.50, the total allocation to Lake County from the 1998 General Appropriations Act.
Accounts Allowed/Reports
Request to acknowledge receipt of list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Meetings/Roads-County and State/State Agencies
Request to acknowledge receipt of the notice of the Florida Department of Transportation's Public Hearing on Four-Laning SR 19.
Forestry Service/Reports/State Agencies
Request to acknowledge receipt of the Florida Department of Agriculture & Consumer Services Annual Report of the Activities of the Division of Forestry's Fire Prevention and Suppression Program, Cooperative Forestry Assistance Project, and Activities on Seminole State Forest, in Lake County.
Accounts Allowed/Reports
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending September 30, 1997, in the amount of $135,853.15. Same period, last year: $136,257.29.
Audits/Reports/State Agencies/Water Resources
Request to acknowledge receipt of the Florida Auditor General Report No. 13056 - Operation Audit of the Southwest Florida Water Management District, for the period of October 1, 1995 through September 30, 1996.
Municipalities/Ordinances
Request to acknowledge receipt of City Ordinances, as follows:
Ordinance No. 97-13, from the City of Tavares, passed and ordained by the Tavares City Council on October 1, 1997, amending the boundaries of the City of Tavares, by including within the City limits property generally described as approximately 22 acres located south of Dead River Road and east of the intersection of Woodview Drive and Dead River Road, subject to the rules, regulations and obligations ordained by the City of Tavares Council; rezoning the property from County A to RSP-1; providing an effective date.
Ordinance No. 97-22, from the City of Eustis, passed, ordained and approved in regular session of the City Commission of the City of Eustis, on October 2, 1997, initiated by the property owners, annexing into the corporate limits of the City of Eustis, Florida, 4.4 acres of land, with an existing building housing an automotive repair business and a pole barn structure, at 36721 CR 19A, at SR 19, and adjacent to Lakeside Memory Gardens Cemetery, subject to the Lake County Land Use Map designation of "Urban Expansion", pursuant to Florida Statute 171.062; with a proposed city land use designation to be assigned, following completion of a small scale Comprehensive Plan Amendment process; amending the Future Land Use Map, pursuant to Florida Statute 163.3187; providing for redefinition of the land boundaries of the City of Eustis; providing for filing of this Ordinance; providing for severability; providing for an effective date; and providing for publication, by posting, according to the law.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously,
by a 5-0 vote, the Board approved the following requests:
Accounts Allowed/Community Services/Public Health
Request from Community Services for approval and payment of the monthly Medicaid hospital bill, in the amount of $25,994.84, and the monthly Medicaid nursing home bill, in the amount of $49,754.40, for the month of July, 1997.
Community Services
Request from Community Services for approval and execution of Satisfaction of Mortgage for Larry and Terri Gonzalez.
Accounts Allowed/Contracts, Leases and Agreements/Education
Facilities and Capital Improvements/Funds/Grants
Request from Facilities and Capital Improvements for approval and execution of an Agreement between Lake County and the Lake County School System, for annual grant funding, to provide a Pilot Middle School After School Enrichment Program and for transportation; and approval of a transfer from Special Reserve Contingency, in the amount of $100,050.00.
Contracts, Leases and Agreements/Facilities and Capital Improvements/Municipalities
Outdoor Recreation
Request from Facilities and Capital Improvements for approval and authorization for the Chairman to execute Interlocal Agreements between Lake County and the City of Fruitland Park, the City of Leesburg, the City of Eustis, the City of Tavares, the City of Umatilla, the Town of Howey-in-the-Hills, and the Town of Montverde, recipients of the Parks and Recreation Capital Improvement Program, for FY 1997/98.
Fire and Emergency Services/Ordinances
Request from Fire and Emergency Services for approval to advertise an Ordinance establishing and outlining regulations for burglary, fire, and robbery alarm systems within the County.
Fire and Emergency Services/Public Health
Request from Fire and Emergency Services for approval of the Florida Regional Emergency Medical Services request to trade in three LifePak 10's, currently in use, for three LifePak 11's, in order to upgrade pre-hospital cardiac care.
Contracts, Leases and Agreements/Building Department/Growth Management
Request from Growth Management for approval and execution of a Developer's Agreement between Lake County and Arrowhead Associates, Ltd., for the issuance of six building permits, on Lots 55, 56, 57, 83, 84, and 85, prior to acceptance and recordation of the Final Plat.
Bonds - Mobile Home/Growth Management
Request from Growth Management for approval of the cancellation of a Mobile Home Bond for David Peterson.
County Employees/Personnel
Request from Personnel for approval of certificates for employees with one and three years of service to the County.
Public Works/Subdivisions
Request from Public Works for acceptance of the Final Plat for Baird Place Subdivision, located in Section 35, Township 18 South, Range 24 East - Commissioner District 1.
Public Works/Subdivisions
Request from Public Works for acceptance of the Final Plat for Crescent Lake Club, First Addition, Partial Replat, located in Section 12, Township 23 South, Range 25 East - Commissioner District 2.
Accounts Allowed/Bids/Public Works/Roads-County and State
Request from Public Works for approval to award CR 50 and Washington Street (2-1643) Intersection and Washington Street (2-1643) and U.S. 27 Intersection Improvement Project No. 10-96, Bid No. 98-008, to Superior Asphalt Company, in the amount of $142,802.70; and approval to encumber and expend funds, in the amount of $142,802.70, from the Road Impact Fee Benefit District 5 Fund - Commissioner District 2.
Public Works/Resolutions/Roads-County and State/Signs
Request from Public Works for approval and execution of a Resolution to decrease the existing 55 mph speed limit and post 45 mph speed limit signs on CR 470, during construction, from Okahumpka to the Sumter County line.
Public Works/Resolutions/Roads-County and State/Signs
Request from Public Works for approval and execution of a Resolution to authorize reducing the speed limit from 55 mph to 45 mph on CR 445, for the last 1,500 feet, before its intersection with SR 40, in the Astor Park area.
Deeds/Public Works
Request from Public Works for acceptance of the following:
Statutory Warranty Deeds
Joseph L. and Angel Strehle
Bear Lake Boulevard (4-8598)
Bette L. Wilson
C 455 (2-2354)
Stanley H. and Louise R. Williams
Fox Road (4-9787H)
Bobby McKinney
Rainbow Lane (2-1846A)
Keith F. Bowron Estate
Skyline Drive (5-7773)
Accounts Allowed/Contracts, Leases and Agreements/Purchasing/Solid Waste
Request from Purchasing for approval and execution of the renewal of an Agreement between Lake County and Laidlaw Environmental Services (TS), Inc., for hazardous waste management services. Funding for this service will be from Account No. 420.45069300.537.8300.340 (Landfill Enterprise, Department of Solid Waste Management Services, Solid Waste Disposal Operations, and Contractual Services), in the amount of $178,500.00 (estimated).
Resolutions/Solid Waste
Request from Solid Waste for approval and execution of a Proclamation recognizing November 15, 1997 as "Lake County Recycles Day".
Assessments/Resolutions/Roads-County and State
Request from Solid Waste for approval and execution of Satisfaction of Assessment Liens for twenty-two (22) road assessments, as follows:
ASSESSMENT # NAME DATE PAID
661115 Russell T. Kirkland 09/03/97
677036 Edsel M. Coble 09/30/97
678010 Frank and Doris Wylupek 09/16/97
679088 Tina Quinn 09/23/97
685005 Henry J. Smith 09/19/97
685009 Robert L. and Thelma Blair 09/24/97
685041 Robert O'Keefe 09/30/97
685043 Robert D. Clipp 09/25/97
685057 Thomas J. Stom 09/29/97
685059 Harriet A. E. Worthington 09/23/97
685079 Moshe Kedan 09/25/97
685111 A. J. Powell 09/30/97
685112 Mark A. Rubin 09/30/97
688001 Mildred Ballard 09/12/97
688004 Bruce W. Boudreaux, Senior (Estate) 09/30/97
688006 Charles A. Neill 09/30/97
688009 Marguerite Greven and Sophia Relias 09/19/97
688015 Elizabeth and W. E. Foster 09/10/97
688017 Mel Sandberg 09/23/97
688020 Harold I. and Elma J. Hughes 09/16/97
688020 Albert Dignan 09/16/97
688024 Edythe Bach 09/19/97
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
The Chairman presented Employee Awards, as follows:
Presentation of Plaques to Employees with Five Years of Service to the County
Wendy R. Breeden, Library Services Manager, Community Services, Library Services Division, Library Services (Not Present)
Claudette Gurley, Secretary III, Public Works, Special Services Division, Director's Office, Support Services (Not Present)
Lori Nicholson, Construction Program Coordinator, Public Works, Special Services Division, Director's Office, Support Services
Presentation of Plaque to Employees with Ten Years of Service to the County
Kirsten B. Mabry, Probation Officer, Community Services, Probation Services Division
Lairn C. Malone, Environmental Inspector I, Solid Waste Management Services, Waste Management Facilities Operations, Residential Drop-Off
Milton J. Tinis, Code Enforcement Officer II, Growth Management, Code Enforcement Services Division
Presentation of Plaque to Employee with Twenty Years of Service
Robbie A. Hollenbeck, Special Projects Coordinator, Community Services, Director's Office, Administration
Presentation of Plaque and Bond to "Employee of the Quarter", 4th Quarter (July, August, September)
Deann C. Schultz, Human Resources Coordinator, Office of Human Resources, Personnel Section
Presentation of Plaque to Retiring Employee with Ten Years of Service
Robert Riecken, Maintenance Specialist II, Facilities and Capital Improvements, Facilities Management Section, Building Maintenance Services
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
"PRIDE" CERTIFICATES
The Chairman presented "PRIDE" Certificates, as follows:
Office of Agricultural Education Service
John Geddes - Cooperative Extension Service
County Attorney's Office
Valerie Fuchs
Debbie Marchese (Not Present)
Department of Growth Management
Janet L. Griffin - Building Services Division
Rick Hartenstein - Planning and Development Services Division
Sue Carroll - Planning and Development Services Division
Department of Solid Waste Management Services
Blaine Logan - Assessment Management Services
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
PRESENTATION
PUBLIC WORKS/ROADS-COUNTY AND STATE/STATE AGENCIES
Mr. Mike Szynog, Florida Department of Transportation, appeared before the Board and gave a presentation regarding the Florida Department of Transportation's (FDOT) Five Year Work Program for FY 1998/99 to FY 2002/2003, at which time he distributed, for the Board's perusal, several handouts, consisting of (1) a Status Report, dated October 27, 1997, regarding county road projects that are completed, in progress, near-future construction, or pending; (2) a handout titled FDOT Lake County Priorities and Other Projets Programmed for FY 1998/99 to FY 2002/03 Tentative Five Year Work Program; (3) a colored map indicating the FDOT Adopted Work Program for Lake County for FY 1997/98 to FY 2001/02; and (4) a Preliminary Version of the FDOT Tentative Five Year Work Program for FY 1998/1999 through 2002/2003 for Lake County, dated November, 1997.
Mr. Frank Wichowski, Airport Programs Director, Florida Department of Transportation, appeared before the Board and addressed a concern the Board had, with regard to the Leesburg Municipal Airport, noting that, in the Tentative Five Year Work Program, FDOT has scheduled, for FY 1998/99, a taxi-way project and an airport master plan update project, along with some land acquisition, adjacent to the airport. He stated that, for FY 1999/2000, FDOT has scheduled another taxi-way project, a possible air traffic control tower project, and some additional land acquisition. He further stated that, for FY 2000/2001, FDOT has a hanger construction project and a taxi-way overlay project. He stated that, for FY 2001/2002, FDOT has a project to relocate the existing fuel facility and a potential project to begin construction on a general aviation terminal building. He stated that FDOT also has an obstruction clearing project scheduled for next year, for the Umatilla Airport.
Mr. Jim Stivender, Jr., Senior Director, Public Works, appeared before the Board stating that his office had received the plans from FDOT regarding the SR 44 six laning project through Tavares and that his staff was presently reviewing them. He stated that the portion of Old Hwy. 441, which was transferred to the State, was also part of the plan. He stated that staff sent a letter to FDOT expressing interest in a SR 50 intersection study, from U.S. 441 to the turnpike, in Orange County, which he noted will reflect on both Lake County and Orange County. He stated that FDOT was also requested to look into the potential funding for two bridges in south Lake County, which the County has been struggling with. He noted, for informational purposes, that the Leesburg Municipal Airport recently changed their status and is now known as the Leesburg Regional Airport.
Commr. Cadwell informed Mr. Wichowski that the Umatilla Airport has had some problems over the years and that they appreciate FDOT's efforts, in trying to help them keep the airport functional and open. He stated that FDOT has bent over backwards trying to help the City of Umatilla and they appreciate it.
Commr. Hanson stated that she felt FDOT needed to look at the area of SR 46 and CR 435, noting that the curve in the road, as one leaves Mt. Plymouth, is very dangerous.
Mr. Lanny Harker, Planning Director, City of Clermont, appeared before the Board and addressed the importance of the two bridges Mr. Stivender alluded to, on CR 561 and CR 561A, in south Lake County, noting that, in their current condition, neither emergency vehicles nor school buses can cross the bridges. He stated that the City of Clermont is currently using impact fee funding towards fixing said problems and the City hopes that FDOT will assist them with some of the funding. He addressed another item, being the SR 50 study, and some concerns the City of Clermont has regarding same. He stated that, if possible, the City would like to have both of those projects pushed forward.
The Board thanked Mr. Szynog and Mr. Wichowski for their presentation.
PUBLIC HEARING
REVISION TO CABLE TELEVISION ORDINANCE
COMMUNICATIONS/ORDINANCES
The County Attorney, Mr. Sandy Minkoff, placed the proposed Ordinance on the floor, for its second and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING CHAPTER 13, LAKE COUNTY CODE, ARTICLE VII, CABLE TELEVISION FRANCHISES, THE LAKE COUNTY CABLE COMMUNICATIONS ORDINANCE; PROVIDING FOR AMENDMENT TO SECTION 13-176, SAME - GENERALLY; PROVIDING FOR WAIVERS OF THE LAKE COUNTY COMMUNICATIONS ORDINANCE REQUIREMENTS; PROVIDING FOR AMENDMENT TO SECTION 13-215, RATE REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING AN EFFECTIVE DATE.
Commr. Gerber noted that, on Page 2, Line 9, of the Ordinance, the word grated should be changed to granted.
The Chairman opened the public hearing.
Mr. Ed Bengaly, a resident of Pennbrooke Fairways, appeared before the Board stating that he was part of a committee that is concerned about the cable television service that his community receives from Time Warner. He stated that he has investigated and found that most of the Time Warner facilities in Kissimmee, St. Cloud, south Lake County, and Orlando have approximately 13 different programmings, which Pennbrooke Fairways does not have the opportunity of utilizing. He questioned why the other communities have said programs and his community does not.
Mr. Bruce Thorburn, Director of Communication Systems, appeared before the Board stating that, in this particular incidence, the Time Warner cable television franchise does not apply. He stated that the only place it applies in Lake County, as it exists today, is in Sun Lake Estates, which he noted is a privately owned, managed, and maintained system that is contracted with Time Warner, therefore, does not fall under the venue of the cable television franchise. He informed Mr. Bengaly that, if he could find a cable television company that would be willing to provide said service, his community could contract with them for same.
Commr. Swartz suggested that Mr. Thorburn be asked to set up a meeting between the County and Time Warner, to discuss the matter and obtain a written response as to what the problem is, and, if necessary, try to set up a meeting between the Pennbrooke Fairways Homeowners Association, Time Warner, and himself, to try to iron out the problem.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Swartz, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1997-83, revising the Cable Television Ordinance, as read on its second and final reading, by title only, with the spelling change noted on Page 2, Line 9.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES/PUBLIC HEALTH/RESOLUTIONS
Mr. Fletcher Smith, Senior Director, Community Services, appeared before the Board and explained this request, stating that the requested amendment would change the membership status of the Board of County Commissioner's Liaison Commissioner, noting that said individual would serve as a non-voting member to the Comprehensive Health Care Committee. He stated that the Resolution would also add an additional member from the Health and Human Services Board, as well as reduce the quorum requirement to a total of five members.
Commr. Gerber stated that she was concerned about reducing the quorum of a committee that has sixteen members to five members, noting that that is a very unusual situation, with regard to the way that most of the committees are conducted. She questioned why it was being done.
Mr. Smith stated that the Committee had tried to get this Resolution amended for a number of months; however, they were never able to obtain a quorum to do so.
Commr. Gerber questioned how badly the County needed this Committee, if they could not get the members to attend the meetings.
Commr. Hanson stated that she felt the Board should go along with the criteria for other committees, which requires a majority of those members appointed, for a quorum.
Commr. Gerber suggested that maybe the Committee was too big.
Commr. Hanson stated that the problem started approximately one year ago, when representatives from each of the four hospitals were appointed to the Committee and created what was interpreted to be conflicts, particularly with the issue of the Sunshine Law. She stated that she would like to get the Resolution approved, as soon as possible, so that she would not be required to vote, should there be a tie vote.
Commr. Cadwell stated that he would agree with the change, however, noted that he had some of the same concerns Commr. Gerber expressed. He stated that, if the members are not interested enough to attend the meetings, then the County may need to look at either restructuring the Committee or doing away with it.
Commr. Swartz clarified that the representative from the District XIII Health and Human Services Board, indicated on Page 3 of the Resolution, should be underlined, due to the fact that it is an additional member, and that, on Page 5 of the Resolution, under Item f., to make the language consistent with what the Board had just discussed, it should state that the quorum shall be made up of five (5) members.
Mr. Minkoff, County Attorney, stated that, if the Board wanted to go back to requiring that a majority of the members be present, for a quorum, the Resolution would need to be changed to state, "a quorum shall be a majority of the appointed members".
Commr. Swartz stated that he was not comfortable with reducing the quorum to five, noting that, if there is structurally a problem with the Committee, then the Board needs to address that, but, to just reduce the quorum to five, for a sixteen member committee, was not satisfactory.
Commr. Gerber referred to Section 11 - Reports, on Page 6 of the Resolution, noting that it requires that a written report be forwarded to the Board annually and that she felt that was a lot to ask of a committee. She stated that she felt once a year would be sufficient.
Mr. Minkoff, County Attorney, informed the Board that there was also a change in the Resolution regarding the Medical Director, noting that it allows him to appoint someone, other than himself, to serve as a member. He noted that said individual interacts with the executive officers of the hospitals, therefore, feels that there is a conflict, with regard to the Sunshine Law. He stated that the Medical Director should appoint someone from his office to serve.
Commr. Swartz stated that he had heard that some people were attending meetings, in place of some of the members, and voting for them. He stated that that would not be allowed under the current structure; in fact, he was not aware of any other committees in the County that were like that.
Mr. Minkoff stated that the proposed change was not intended to allow the Medical Director to send a proxy in his place, but is intended to allow him to give the Board the name of a person who will become a committee member, rather than himself.
It was noted that, on Page 2, Lines 13 and 14, the words or designee should be underlined, as new language.
Mr. Minkoff noted that this committee sunsets in November of 1998, thus, the reason staff did not try to change the entire Resolution.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved to amend Resolution No. 1996-105 (Comprehensive Health Care Committee Resolution), to provide that the Board of County Commissioners Liaison Commissioner serve as a non-voting Liaison Commissioner; that the quorum be the majority of the appointed members, as the Resolution currently reads; that the membership be increased by one representative, representing the District XIII Health and Human Services Board, as noted on Page 3, Lines 13 and 14; and that, on Page 2, Lines 13 and 14, that the words or designee be added.
GROWTH MANAGEMENT/RESOLUTIONS
Ms. Sharon Farrell, Senior Director, Growth Management, appeared before the Board and explained this request, stating that it was a Resolution establishing the dates for the application deadline, the Planning and Zoning Commission dates, and the Board of County Commissioner's dates, for transmittal and adoption. She stated that it also references the fact that, once the deadline for submission of the EAR is passed, the non-EAR-based amendments will be prohibited, until the EAR is approved.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from Growth Management for approval and execution of a Resolution creating the Comprehensive Plan Amendment Schedule for Calendar Year 1998; and authorization for the Chairman to execute same.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/PUBLIC HEALTH
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board appointed the following individuals to vacancies on the Lake County Comprehensive Health Care Committee:
Hospice of Lake and Sumter, Inc.
Rebecca McDonald
Lake County Dental Association
Dr. Alan Hayes
Associated Home Health Industries of Florida, Inc.
Kathy Moore
South Lake Hospital Home Health
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES/RESOLUTIONS
TOURIST DEVELOPMENT COUNCIL
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a Resolution appointing the following individual to the Tourist Development Council:
Owner/Operator Collecting Resort Tax
Carol A. Simpson
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/SUITS AFFECTING THE COUNTY
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney to accept the full and final settlement of $17,500.00, in the Worker's Compensation Case regarding Karen Sanchez.
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/DEEDS/PROPERTY APPRAISER
The County Attorney, Mr. Sandy Minkoff, explained this request, stating that, in the past, the County did not apply for tax deeds on certificates that it purchased; however, it should have, where the property was worth more than $500.00 and is now worth more than $5,000.00. He stated that staff had worked with the Tax Collector and was requesting authorization to apply for tax deeds on all those parcels where the value is in excess of $5,000.00, with the caveat that a homestead parcel cannot be applied for, until the total amount due at least equals $100.00. He stated that, in looking at the parcels that were due, he noticed that a significant number of them were in the core conservation area of the Green Swamp; therefore, staff was requesting that the Board also authorize them to apply for tax deeds for those parcels. He stated that many of them are two and five acre parcels that were sold in the 1970s as development property. He stated that it is likely that the County will have an opportunity to either purchase them at the sale, or they will go on the Lands Available List and eventually become county property, if the County uses this process. He stated that the 157 parcels will cost the County approximately $16,000.00, however, noted that said funds have not yet been budgeted.
On a motion by Commr. Gerber, seconded by Commr. Swartz and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of Applications for Tax Deeds, by the County, on all parcels except homestead, on property valued greater than $5,000.00, and homestead property where the total taxes due are greater than $100.00.
ADDENDUM NO. 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COUNTY MANAGER
ACCOUNTS ALLOWED/SHERIFF'S DEPARTMENT/MUNICIPALITIES
Sheriff George E. Knupp, Jr. appeared before the Board and addressed a request for funding for the Sheriff's substation in Astor. He stated that several years ago the Sheriff's Department had a substation in Astor; however, the owner of said building decided to rent the front of the building to a Poodle Shop and the County was paying exorbitant water bills, so he moved his staff out of the building. He stated that, since that time, his office has been looking for another location. He stated that, when he discussed the matter with the Board, during budget time, he thought they had approved for him to rent a substation in Astor, so he did. He stated that it is open for business, from 8:30 a.m. to 6:00 p.m., and costs approximately $6,000.00 per year. He stated that the State is currently using the substation to take depositions and noted that the Florida Fresh Water Fish and Game Commission wants to utilize the building, as well.
It was suggested that the substation possibly be used to disperse information about various county services.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Sheriff Knupp for approval of funding for the Lake County Sheriff's Substation, located in Astor, with a change to the rental agreement that the County be the lessee, rather than the Sheriff's Department, and that the County look into the possibility of the substation being used jointly between the County and the Sheriff's Department, for information dispersement about the County.
ADDENDUM NO. 1
OTHER BUSINESS
LAWS AND LEGISLATION
Commr. Cadwell requested the Board to not include the Florida Fire Chief's Association's legislative package in the Board's legislative package.
Ms. Sue Whittle, County Manager, informed the Board that it was not staff's intention to bring the Florida Fire Chief's Association's package forward, to be adopted by the Board, she merely included it as part of the package, for informational purposes, noting that she wanted the Board to be aware of the Association's issues, particularly this year, since the County's Senior Director of Fire and Emergency Services, Craig Haun, is the President of said Association.
Discussion occurred regarding the County's legislative position, with regard to a request for support of an amendment to Section 403.7045 (5), Florida Statutes, to provide the Florida Department of Environmental Protection (FDEP) authority to adopt rules, or otherwise authorize the beneficial reuse of ash from waste-to-energy facilities.
Commr. Gerber stated that she could not support this position, because she did not know if there was a beneficial reuse of ash and, until she sees that there is, she could not recommend to the Legislature that they pass rules to reuse it. She stated that she did not want to see it as part of the County's legislative package.
Commr. Swartz stated that he concurred with Commr. Gerber, noting that he was a little leery of it, as well. He stated that it was the Department of Environmental Protection that promulgated the rules that made it easier for the County to have an incinerator; therefore, he was not comfortable with their past history.
Commr. Hanson stated that she would support it, because she feels the County needs to look at the recycling issue. She stated that, if the FDEP can find innovative uses for reusing ash, she feels the County needs to encourage them.
A motion was made by Commr. Cadwell and seconded by Commr. Hanson to approve a request to support an amendment to Section 403.7045 (5), Florida Statutes, to provide the Florida Department of Environmental Protection authority to adopt rules, or otherwise authorize the beneficial reuse of ash from waste-to-energy facilities.
Commr. Good stated that, if the Board approved to include this Position Statement in the legislative package, he would like to see the language that states "upon demonstration that no significant threat to the public health will result" be strengthened to read that it will be based on scientifically valid standards and not a lesser statistical burden of proof. He stated that he could not support the Position Statement, as it is written.
Commr. Swartz stated that, in the last paragraph, on Page 2 of the Position Statement, it mentions the fact that copies of the talking paper and draft legislative bill language were attached, for reference, however, noted that it was not attached. He stated that he would like to see said attachment, noting that, after reading it, he might have a different opinion.
Commr. Good stated that he would like to see the language, "upon chemical and scientifically valid demonstration that no significant threat to the public health will result and that applicable environmental standards and criteria are not violated" in the Position Statement. He stated that he wanted to make sure that said language is specifically related to scientific methods and statistics and not bank accounts.
Commr. Cadwell amended his motion to include the language that Commr. Good suggested be included in the Position Statement.
Commr. Gerber seconded the amendment.
Commr. Good stated that he would like to have said language included in the short version of the Position Statement, as well.
Commr. Cadwell amended his original motion to include said language in the Position Statement, as well as in the heading.
Commr. Hanson seconded the amendment to the original motion.
Commr. Swartz stated that, according to the proposed changes to Section 403.7045 (5), Florida Statutes, which he noted the Board was proposing to adopt, it states that the Department of Environmental Protection shall work with Solid Waste Management facilities, which burn solid waste, which he noted means Ogden Martin in the County's case, because they are the owner and operator of the facility, to identify and develop methods for recycling and reuse of ash residue, or treated ash residue, and is authorized to allow such recycling or reuse, if the facility owner or operator, i.e. Ogden Martin, demonstrates that no significant threat to public health results, and applicable environmental standards and criteria will not be violated. He stated that he was not comfortable with the facility owner, or operator, making that decision.
Commr. Good stated that he was not comfortable with said language either.
RECESS AND REASSEMBLY
At 10:40 a.m., the Chairman announced that the Board would take a 10 minute recess.
ADDENDUM NO. 1
OTHER BUSINESS
LAWS AND LEGISLATION (CONTINUED)
The Chairman called for a vote on the amendment to the motion, to change the language in the Board's Position Statement, adding the language that he suggested, which was carried, by a 4-1 vote.
Commr. Gerber voted "No".
The Chairman then called for a vote on the original motion, to support the amendment of Section 403.7045 (5), Florida Statutes, which failed, by a 3-2 vote.
Commrs. Good, Gerber and Swartz voted "No".
Commr. Swartz suggested that staff obtain from some of the adjacent counties ash reuse studies or projects that they have done, for the Board's perusal.
A motion was made by Commr. Gerber and seconded by Commr. Hanson that the Board approve the Legislative Position, with regard to an increase in the number of voting members of the North Lake County Hospital District from six (6) to seven (7) members.
Under discussion, Commr. Swartz stated that there was nothing in the Legislative Position that specifies how the seventh person is going to be selected. He stated that there is no language that amends the enabling legislation. He stated that he would support sending this Legislative Position forward, however, felt the Board should bring it back for future action, where said issue can actually be addressed.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved the Legislative Position, with regard to the funding for Astor-Astor Park Community Wastewater Treatment Facility.
A motion was made by Commr. Hanson and seconded by Commr. Gerber that the Board approve the Legislative Position, with regard to the release of Murphy Act Deeds, to authorize local government the power to release Murphy Act Deeds, in certain instances.
Under discussion, Commr. Swartz stated that he felt the Board should develop some specific language to send to the Legislature, with regard to Murphy Act Deeds, noting that he felt the Board would have a better chance of said issue being addressed, if they did.
Commr. Hanson concurred.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
A motion was made by Commr. Cadwell and seconded by Commr. Gerber that the Board approve the Legislative Position, with regard to the issue of Funding to Counties for Criminal Justice/Article V Costs.
Under discussion, Commr. Gerber noted that said issue was the number one priority for the Florida Association of Counties, in the Constitution Revision Process.
Commr. Swartz suggested that there be two Legislative Positions, one to the Constitution Revision Commission supporting their changing it and, two, a Legislative Position increasing funding.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
A motion was made by Commr. Cadwell and seconded by Commr. Gerber that the Board approve the Legislative Position, with regard to the Exemption of County and Municipal Employees' Home Addresses and Telephone Numbers from the Public Records Law.
Under discussion, Commr. Cadwell stated that the Board needs to make sure the Legislature understands that said Position Statement does not pertain to appointed officials, such as the County Manager, County Attorney, etc.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
It was noted that the 1997/98 Legislative Package would be sent to the Florida Association of Counties and the Lake County Legislative Delegation, as well as other employee groups, to solicit their support.
Commr. Good informed the Board that he would like to include in the Legislative Package this year some items which relate to Tab 30 of the Agenda, under Reports, being the issue of the Regional Water Supply Plan for the year 2020, by the St. Johns River Water Management District, and Lake County's participation in said effort.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to add said item to the Legislative Package, for forwarding to the Florida Association of Counties and the Lake County Legislative Delegation.
REPORTS
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2
STATE AGENCIES/WATER RESOURCES
Commr. Good brought to the Board's attention, for informational purposes, the issue of the Regional Water Supply Plan for the year 2020, by the St. Johns River Water Management District, and Lake County's participation in said effort. He stated that it was the result of House Bill 115 and some others that directed the Water Management Districts to become involved in the water supply development process. He stated that the district intends to accomplish this through the cooperative process with local governments, government owned and privately owned water utilities, self-supplied water users, environmental special interests groups, other interested parties, and the general public. He noted that the cooperative process will be an ongoing effort, which will begin with some group meetings, scheduled for January, 1998.
No action was needed or taken.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
COMMISSIONERS/EDUCATION/MEETINGS
Ms. Sue Whittle, County Manager, informed the Board that the School Board revisited the idea that was presented to them by the Board earlier in the month, with regard to the issue of the School Board sales tax, and had voted to open discussions with the County regarding a possible sales tax extension. She requested direction from the Board on how to proceed with the School Board, regarding said issue.
Discussion occurred regarding the matter, at which time Commr. Hanson was requested to meet with the School Board, regarding said issue, on behalf of the Board.
REPORTS
COUNTY ATTORNEY
GROWTH MANAGEMENT/MUNICIPALITIES/ZONING
Mr. Sandy Minkoff, County Attorney, informed the Board that he and Ms. Sharon Farrell, Senior Director, Growth Management, were requested to look at legal ads, with regard to the annexation of properties into the cities in the County, and were bringing before the Board, for informational purposes, two ads regarding the annexation of properties into the City of Leesburg..
Considerable discussion occurred regarding said issue.
On a motion by Commr. Swartz, seconded by Commr. Gerber and carried, by a 4-1 vote, the Board directed staff to attend the necessary Leesburg Planning and Zoning Board Meetings and City Commission Meetings, to express the Board's and the Planning Department's objections to the annexations as being inconsistent with the County's Comprehensive Plan and to take appropriate action.
Commr. Cadwell voted "No".
REPORTS
COMMISSIONER SWARTZ
COMMISSIONERS/FIRE AND EMERGENCY SERVICES/MEETINGS
Commr. Swartz informed the Board, for informational purposes, that he and Commr. Good had been invited to attend a meeting at The Plantation of Leesburg, for the purpose of discussing the issue of fire and emergency services, and that any other Commissioners who wished to attend were invited to do so.
REPORTS
COMMISSIONER HANSON
COUNTY EMPLOYEES
Commr. Hanson informed those present, for informational purposes, that the County Employees' Picnic that was held Saturday, November 1, 1997, was a success.
REPORTS
COMMISSIONER CADWELL
MISCELLANEOUS
Commr. Cadwell informed the Board, for informational purposes, that the Lake County Leadership Class will be holding a History and Government Day in Lake County on Wednesday, November 12, 1997, with a picnic to be held at Wooten Park, in Tavares.
REPORTS
COMMISSIONER GERBER
COURTHOUSE/COUNTY BUILDINGS AND GROUNDS
Commr. Gerber informed the Board, for informational purposes, that the Grand Opening of the Historical Courthouse will be held on Tuesday, November 11, 1997, at 1:30 p.m.
REPORTS
COMMISSIONER GOOD - CHAIRMAN AND DISTRICT 2
BUDGETS/COUNTY FINANCE
Commr. Good informed the Board, for informational purposes, that the Lake County Budget Book was awarded the Government Finance Officers Association's Distinguished Budget Presentation Award, for the third consecutive year. He stated that Lake County has been honored as one of four counties in the United States to receive the prestigious Outstanding Achievement in Budget Presentation Award for FY 1997 and that, since the inception of the program four years ago, only 16 counties have received the "Outstanding" rating that Lake County received. He stated that he felt it was worthy of recognition and thanked the Budget Office for a job well done.
Ms. Sue Whittle, County Manager, pointed out the fact that the award was for a "policy" document, which she noted was wonderful.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:05 p.m.
___________________________________
WILLIAM "BILL" H. GOOD, CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
sec/11-4-97/11-14-97/boardmin