A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JULY 14, 1998

The Lake County Board of County Commissioners met in regular session on Tuesday, July 14, 1998, 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: G. Richard Swartz, Jr., Chairman; Welton G. Cadwell, Vice Chairman (Commr. Cadwell was not present due to a Board committment); William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson (arrived at 9:10 a.m.). Others present were: Sue Whittle, County Manager; Valerie Fuchs, Assistant County Attorney; Ava Kronz, Director of Continuous Quality Improvement; and Marlene S. Foran, Deputy Clerk.

Commr. Good gave the Invocation and led the Pledge of Allegiance.

MINUTES

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 3 - 0 vote, the Board approved the Minutes of June 23, 1998 (Regular Meeting), as presented.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 3 - 0 vote, the Board approved the Minutes of June 25, 1998 (Special Meeting), as presented.

Commr. Cadwell and Commr. Hanson were not present for the vote.

CLERK OF COURTS' CONSENT AGENDA

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 3 - 0 vote, the Board approved the following requests:

Accounts Allowed/Courts-Judges/Code Enforcement



Request for approval of Satisfaction and Release of Fine, Code Enforcement Case, in the amount of $400.00, Marilyn and Jerry Stringham, and authorized proper signature on same.



Request for approval of Satisfaction and Release of Fine, Code Enforcement Case No. CEB 8-98, in the amount of $500.00, Michael and Barbara Simmons, and authorized proper signature on same.



Accounts Allowed



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.



Budgets



Request to acknowledge receipt of Village Center Community Development District proposed budget for Fiscal Year 1998/99, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes.





Meetings/State Agencies



Request to acknowledge receipt of Notice of Staff Workshop Before the Florida Public Service Commission to Water and Wastewater Utilities and All Interested Persons Re: Undocketed Workshop on Reuse of Reclaimed Water. Notice is hereby given that a workshop will be held on July 7 and 8, 1998, at 9:30 a.m, Betty Easley Conference Center, Room 152, Tallahassee, Florida.



State Agencies



Request to acknowledge receipt of Notice of Commission Hearing before the Florida Public Service Commission to Lockheed Martin IMS, Bellsouth Telecommunications, Inc., Sprint-Florida, Incorporated, Vista-United Telecommunications, MCI Telecommunications Corporation, Office of the Public Counsel and All Other Interested Persons, Docket No. 980671-TL, In Re: Request for Review of Proposed Numbering Plan Relief for 407 Area Code. Notice is hereby given that a public hearing will be held on August 7, 1998, at 10:00 a.m., Orlando City Hall, City Council Chambers, Orlando, Florida; and a prehearing conference will be held on July 22, 1998, at 9:30 a.m., Room 152, Betty Easley Conference Center, Tallahassee, Florida.



State Agencies



Request to acknowledge receipt of Notice of Commission Hearing before the Florida Public Service Commission to Lockheed Martin IMS, Bellsouth Telecommunications, Inc., Sprint-Florida, Incorporated, Vista-United Telecommunications, MCI Telecommunications Corporation, Office of the Public Counsel and All Other Interested Persons, Docket No. 980671-TL, In Re: Request for Review of Proposed Numbering Plan Relief for 407 Area Code. Notice is hereby given that hearings will be held on August 6, 1998, at 6:00 p.m., Brevard County Governmental Center, Building C, Commission Room, Melbourne, Florida; and August 7, 1998, at 10:00 a.m., Orlando City Hall, City Council Chambers, Orlando, Florida.



Commr. Cadwell and Commr. Hanson were not present for the vote.



AGENDA UPDATE



It was noted that a published Addendum No. 1 had been added to the agenda.



Ms. Valerie Fuchs, Assistant County Attorney, requested that discussion of revisions regarding the sale of County owned property, located within the City of Astor, to Carl and Brenda Smith be placed on the agenda under Reports.

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 3 - 0, the Board approved to place discussion of revisions regarding the sale of County owned property, located within the City of Astor, to Carl and Brenda Smith be placed on the agenda under Reports.

Commr. Cadwell and Commr. Hanson were not present for the vote.

COUNTY MANAGER'S CONSENT AGENDA

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 3 - 0 vote, the Board approved the following requests:

Resolutions/Roads-County & State/Subdivisions



Request for approval and execution of Resolution No. 1998-105 to rename West Park Drive to Westwood Drive in the Pennbrooke Fairways Phase 1-L.





Contracts, Leases & Agreements/Grants

Request for approval and execution of First Amendment to Agreement between Lake County and Childhood Development Services, Inc. for annual grant funding for a fiscal impact in the amount of $10,000.



Accounts Allowed/Grants



Request for approval and execution of application and related documents for the Local Law Enforcement Block Grant Program for FY 1998 through FY 2000, in the amount of $114,851. A cash match of $12,762 shall be provided by the local recipient(s) of the grant award.



Accounts Allowed/Budgets/State Agencies



Request for approval and execution of Mid-Year Annual Certified Budget Adjustment for Arthropod Control for FY 1997-98. State funds, in the amount of $34,328, are anticipated to be received from the Department of Agriculture and Consumer Services.



Accounts Allowed/Bonds/Contracts, Leases & Agreements/Resolutions

Roads-County & State



Request for acceptance of maintenance bond, in the amount of $35,439; approval and execution of Developer's Agreement for maintenance of improvements between Lake County and The Greater Construction Company; approval and execution of Resolution No. 1998-103 accepting Nectarine Trail "Part" (2-0158D), Sour Root Court (2-0158F), Mercott Court "Part" (2-0158G), and Ruby Red Boulevard "Part: (2-0159I) into the County road maintenance system; and approval to release a performance bond, in the amount of $182,523.56. Subdivision consists of 54 lots in Commissioner District 2.



Accounts Allowed/Contracts, Leases & Agreements/Subdivisions



Request for approval to release a Letter of Credit, in the amount $200,000, that was posted for the completion of improvements as described in the Stipulation between Lake County, Deer Island Partners, Ltd., and Tramell Webb Partners, Inc.



Accounts Allowed/Subdivisions



Request for approval to release a Letter of Credit for performance, in the amount of $688,950, that was posted for the completion of improvements for The Plantation at Leesburg.



Subdivisions



Request for acceptance of final plat for Gulati Place Subdivision consisting of 5 lots in Commissioner District 5.



Accounts Allowed/Bonds/Contracts, Leases & Agreements/Roads-County & State

Resolutions/Subdivisions



Request for acceptance of final plat for Hidden Forest Subdivision; acceptance of maintenance bond, in the amount of $13,758.88; approval and execution of Developer's Agreement for Maintenance of Improvements between Lake County and Robert A. Fischer, Sr., and Thomas E. Lowrance; and approval and execution of Resolution No. 1998-104 accepting Silver Pine Drive (3-5235C) into the County road maintenance system. Subdivision consist of 27 lots in Commissioner District 3.



Rights-of-Way, Roads & Easements/Subdivisions



Request for approval to advertise Vacation Petition No. 870 by Christopher and Karen Dwyer to vacate drainage easement, Eagleridge Phase I, Section 23, Township 24S, Range 26E, Clermont area - Commissioner District 2.



Request for approval to advertise Vacation Petition No. 872 by Bill and Barbara Miller to vacate easement, Section 23, Township 19, Range 25, Leesburg area - Commissioner District 1.



Request for approval to advertise Vacation Petition No. 873 by Brad and Wendy Davis to vacate right-of-way, and drainage and utility easement, Spence Estates, Section 25, Township 22S, Range 26E, Clermont area - Commissioner District 2.



Meetings



Request for approval to advertise a public hearing on August 18, 1998 for adoption of the Road Impact Fee Capital Improvement Program for 1999-2003.



Ordinances/Tax Collector



Request for approval to advertise an Ordinance for Tourist Development/Resort Tax to be collected on a local level by Bob McKee, Lake County Tax Collector.



CITIZENS QUESTION AND COMMENT PERIOD

It was noted that no one present wished to present questions, comments or concerns to the Board at this time.

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/GRANTS/STATE AGENCIES

Mr. Stuart Buchanan, Alternate Transportation, Public Works, appeared before the Board to present the request for approval of the submittal of the Hazard Mitigation Grant Program funding application to the Federal Emergency Management Agency (FEMA) and explained that the grant proposal would provide for the replacement of two culverts located at the Tracy Canal and the Greenswamp Road with conspans to prevent future flooding and drainage problems. He stated that the total project cost was $230,000, including $28,750 in matching County funds of which would include $10,000 of in-kind service match and $18,750 in County Transportation Trust Capitol Funds.

On a motion by Commr. Gerber, seconded Good and carried unanimously by a 3 - 0 vote, the Board approved the request for approval and execution of Hazard Mitigation Grant Program funding application to be submitted to the Federal Emergency Management Agency in the amount of $18,750.

Commr. Cadwell and Commr. Hanson were not present for the discussion or vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

SUITS AFFECTING THE COUNTY/SHERIFF

Mr. Wayne Hamilton, Risk Manager, appeared before the Board to present the request for approval and execution of Settlement Agreement, in the amount of $20,000, in the case of Phyllis Aspinwall v. Lake County. He explained that Ms. Aspinwall slipped and fell on water as she entered the lobby of the Lake County Jail. He stated that a Settlement Agreement for a total sum of $20,000 was accepted by Ms. Aspinwall at a mediation conference on June 29, 1998, subject to approval by the Board and the Sheriff with each contributing $10,000.

On a motion by Commr. Hanson, seconded by Gerber and carried unanimously by a 4 - 0 vote, the Board approved a request for approval and execution of the Settlement Agreement, in the amount of $20,000 ($10,000 from the Board of County Commissioners and $10,000 from the Sheriff) in the case of Phyllis Aspinwall v. Lake County Jail.

Commr. Cadwell was not present for the discussion or vote.

ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS

SUITS AFFECTING THE COUNTY

Ms. Valerie Fuchs, Assistant County Attorney, explained that outside counsel was hired to represent the Lake County Board of County Commissioners in the case of Eubanks v. Lake County School Board and Lake County. She stated that the request before the Board, at this time, was approval to offer $1,000 to settle this lawsuit subject to final review and approval by the County Attorney.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved authorization for outside counsel to offer a Settlement Agreement, in the amount of $1,000, in the case of Eubanks v. Lake County School Board and Lake County; subject to final review and approval by the County Attorney.

Commr. Cadwell was not present for the discussion or vote.

REPORTS

COUNTY ATTORNEY

On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved to advertise an ordinance imposing a court facility fee, in the amount of $25.00, to be paid by the party or parties instituting any civil action, suit or proceeding.

Commr. Cadwell was not present for the discussion or vote.

COMMISSIONER HANSON - DISTRICT NO. 4

Commr. Hanson presented discussion regarding an amendment to Lake County Ordinance 1989-7 pertaining to Consumption of Alcoholic Beverage Warning Signs and explained that said amendment would address the issue of fetal alcohol syndrome.

Mr. David Cleary, Lake County Citizens Committee for Alcohol Health Warnings, appeared before the Board and displayed the current signage which warns people against the hazards of alcohol, intoxication, addiction and birth defects. He stated that the rate of fetal alcohol syndrome was previously based on observations at birth; however, current reports indicate that children with fetal alcohol syndrome would not progress beyond the fourth or fifth grade and would not be able to hold a job or live independently. He presented statistics regarding the number of children affected by fetal alcohol syndrome and fetal alcohol affects, and the costs associated with treatment and care of these children. He stated that alcohol was the only health risk product sold for human consumption in the United States that was not required to carry health warnings of any kind in its advertising even though the advertising was concentrated most heavily on juveniles. He stated that the proposed signage would have the official endorsements of the Florida Department of Health, Florida Department of Education, Florida Highway Patrol and the March of Dimes Birth Defects Foundation. He explained that the amendment to Ordinance 1989-7 would reflect new sign wordage and would put birth defects at the top of the list and stated that the text would state that as little as one drink per day during pregnancy could damage the brain of an unborn baby. He stated that the Lake County Schools Prevention Team has agreed to oversee "monitoring" of posted signs using high school seniors who are obliged to perform a specified number of hours of community service to qualify for graduation.

Commr. Hanson stated that an amendment could be put on the agenda for an official action at a later time if the Board was interested in moving forward with amending Lake County Ordinance No. 1989-7.

Commr. Swartz directed staff to prepare an ordinance amending Lake County Ordinance 1989-7 pertaining to Consumption of Alcoholic Beverage Warning Signs and to bring said amendment back to the Board for approval to advertise for a public hearing.

ADDENDUM NO. 1

COUNTY MANAGER'S DEPARTMENTAL BUSINESS

ACCOUNTS ALLOWED/BUDGET TRANSFERS/FIRE PROTECTION

Mr. Alvin Jackson, Deputy County Manager, appeared before the Board to present a request for approval to transfer funds from contingency to operating and capital, in the amount of $145.00, for Fire and Rescue Services. He explained that there have been additional costs with Lake County being a Declared State of Emergency due to brush fires, and noted that any funds expended for supplies and/or equipment used directly for fighting the brush fires can be reimbursed under the Federal Emergency Management Agency (FEMA); however, reimbursement may only occur while the federal declaration is in effect.

Mr. Frank LaFleur, Acting Fire Chief, stated that a deadline has not been established on the federal declaration; however, it was expected to last through the summer due to more dry weather expected toward the end of the summer.

On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 4 - 0 vote, the Board approved a request to transfer funds from contingency to operating and capital, in the amount of $145,500, for Fire and Rescue Services.

Commr. Cadwell was not present for the discussion or vote.

PERSONAL APPEARANCES/PUBLIC HEARINGS

PERSONAL APPEARANCES

PRESENTATION OF THE FISCAL YEAR 1998/99 BUDGET

Ms. Sue Whittle, County Manager, presented the Lake County Fiscal Year 1998/99 Annual Operating Budget and noted that the Annual Operating Budget was required to be presented to the Board no later than July 15th of each year. It was noted that a Budget Book and a Proposed Budget flip booklet had been distributed prior to the start of the meeting. At this time, she presented a brief overview of the FY 1998/99 Annual Operating Budget and discussed the County's Ongoing Tenets which continue the current year initiative to ensure the financial strength of the County; Fiscal Year 1999 Priorities; Fiscal Recommendations; Major Policy Considerations comprised of Long-Range Financial Capacity, Debt Management Plan, and Strategic Issues; Board of County Commissioners: General Fund, and Personnel; County Manager Focus Areas : Capital Projects, Computer Services/Geographic Information Systems (GIS); FY 98/99 Fund Overview; Millage Rates; Proposed Property Tax General Fund; FY 98 Operating Millage for Various Counties; Lake County Property Total Taxable Value; Lake County Property New Growth; Major Increases or Decreases in General Fund Revenues; Key Strategies in Planning and Implementing; and the Budget Workshop Schedule.

Ms. Whittle explained that the Fiscal Year 1999 priorities maintain a competitive compensation and benefits package for our work force; implement the second year of a 3-year phase-in of a Computer Services/Geographic Information Systems (GIS) program; provide for work-in progress or completion of eight major capital improvements projects; call for a working plan for space needs and alternative proposals in the areas of the Tavares Complex, South Lake County Complex, Library Services, Health Services, Astatula Land Usage, fire stations and other county-owned facilities; and present certain enhancements which represent new programs to benefit all citizens. She explained that the budget recommends the payback of $701,217 to the Infrastructure Sales Tax Fund for certain prior year expenses; calls for a total County budget of $173.8 million, which is a $5.2 million increase (3.1%) over the previous year's amended budget; recommends a Countywide millage rate of 4.831 per $1,000 assessed valuation, which was 2.07% greater than the current millage rate of 4.733; and recommends a .268 millage rate per $1,000 for the Lake County Ambulance District.

Ms. Whittle explained that the Board of County Commissioners' General Fund, excluding the transfer to Christopher C. Ford Central Park, shows a $787,180 decrease from the amended FY 98 budget due to the following key changes:

Ms. Whittle explained that Capital Improvement projects scheduled for completion or near completion in Fiscal Year 1999 include the Morgue, South Lake Annex Land, Conference Center/Fairgrounds, Agricultural Center, Fire Station 42 Expansion, New South Lake Fire Station, ADA Modifications, Corrections Pod Modifications, and Courts project. She stated that emphasis would be placed on providing the Board with a comprehensive study of space needs, along with alternative solutions, for the Tavares complex as well as South Lake County. She stated that she was recommending additions to the Baseline Budget for the following new programs and services which have strategic importance to the County: Public Library Kiosk to better serve under served areas of the County; Books By Mail program in the libraries; High School Internship Program in Growth Management; Community Services Prescription Medication Program; Regional Parks; and enhancements to the Horticultural Learning Center. She noted that the General Fund Revenues beginning Fund Balance for next year shows a $2 million decrease, with a $2.5 million increase in Property Taxes, a $330,000 increase in Sales Taxes, a $223,000 increase in Building Permits, and a $285,000 increase in State Revenue Sharing.

At this time, Ms. Whittle expressed appreciation to the Budget staff for a magnificent job and to Ms. Barbara Lehman, Chief Deputy Clerk, Finance Office, for her help and support in preparing the budget.  She commended the Clerk's Office for a wonderful job in preparing the budget in the last few years and stated that the Board looks forward to continued support and cooperation as the Budget Office moves to the Board side. She stated that budget workshops have been scheduled on July 27, 1998; July 29, 1998, and July 30, 1998 and noted that August 4, 1998 was the last day to set the tentative millage. She stated that public hearings have been scheduled for September 8, 1998 and September 22, 1998, at 6:00 p.m.

REPORTS (CONTINUED)

COUNTY ATTORNEY

ACCOUNTS ALLOWED/COUNTY PROPERTY

Ms. Valerie Fuchs, Assistant County Attorney, stated that, on June 2, 1998, the Board approved the sale of two (2) County owned parcels of property located within the City of Astor to Carl and Brenda Smith for $4,000. She explained that subsequent to that approval it was discovered that there was an error in the legal description in the 1923 deed to the County and that the legal description was described as Lots 2 and 3 of Block 19; however, the correct legal description was Lots 2 and 3 of Block 18. She stated that a quiet title action would be required to correct said error which would take County resources and time to go through said process. She stated that the request at this time was approval to change the original sale price of $4,000 to $2,000 and to sell the property without title. She stated that Carl and Brenda Smith have agreed to accept said property without a title.

On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved the recommendation of the County Attorney to reduce the sale price of a County owned parcel of property located within the City of Astor to Carl and Brenda Smith from the original sale price of $4,000 to $2,000, and to sell said property without a title.

Commr. Cadwell was not present for the discussion or vote.

ADDENDUM NO. 1

REPORTS

COUNTY ATTORNEY

ELECTIONS

Ms. Valerie Fuchs, Assistant County Attorney, presented a resolution from the Lake County School Board to place the one-half cent sales tax referendum on the September ballot, and explained that the Board of County Commissioners has the authority to determine whether the one-half cent sales tax will be placed on the September or November ballot.

Commr. Hanson stated that she had requested that Lake County School Board members be present to present the School Board's rationale for requesting that the referendum be placed on the September ballot. It was noted that there were no School Board members present in the audience at this time. She stated that major issues such as the one before the Board at this time should be placed on the ballot when the most people will be present to vote in favor or in opposition to the referendum.

Commr. Good stated that he disagrees with the Lake County School Board that the referendum should be placed on the September ballot and concurred that the referendum should be on the November General Election ballot when voter turn out was the largest.

On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 4 - 0 vote, the Board approved to place the one-half cent sales tax referendum on the November General Election ballot.

Commr. Cadwell was not present for the discussion or vote.

COMMISSIONER GOOD - DISTRICT NO. 2

STATE AGENCIES

Commr. Good presented the request for approval of Letters of Support to Southwest Florida Water Management District seeking federal funding for Alternative Water Supply Development. He explained that this was an effort for continued support of House Resolution 3243 and that funding was being sought through the appropriations process to create a program within the U.S. Environmental Protection Agency to authorize $50 million per year from the federal government for five years to make grants for Alternative Water Supply Development.

On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously by a 4 - 0 vote, the Board approved the request for execution of Letters of Support to Southwest Florida Water Management District seeking federal funding for Alternative Water Supply Development.

Commr. Cadwell was not present for the discussion or vote.

COMMISSIONER HANSON - DISTRICT NO. 4

MEETINGS

Commr. Hanson requested that the Board consider holding a Town Hall Meeting at the East Lake County Chamber of Commerce facility in Sorrento and noted various dates that the East Lake County Chamber of Commerce facility would be available to the Board.

It was the consensus of the Board to hold a Town Hall Meeting on August 19, 1998, at 7:00 p.m., at the East Lake County Chamber of Commerce in Sorrento.



CITIZEN QUESTION AND COMMENT PERIOD (CONTINUED)

Mr. Audie Hardin, a resident on Marshall Road, appeared before the Board to discuss stormwater problems on the non-County maintained portion of Marshall Road.

Commr. Hanson informed the Board that Marshall Road has recently been double surface treated east of the City of Eustis off of State Road 44, and explained that there was a problem with wash out at the end of the County maintained portion of Marshall Road which occurred prior to the double surface treatment when said road was clay.

Mr. Hardin displayed a diagram of the non-County maintained portion of Marshall Road and discussed the wash out problems created by the clay portion of the county maintained road prior to the double surface treatment. He explained that there was a 33 foot easement from S.R. 44 East and for years water has drained onto the non-County maintained portion of Marshall Road and washed out several feet of field dirt resulting in the clay surface bubbling up because it was laying on the hard pan. He noted that the double surface treated portion of Marshall Road has helped but does not replace the field dirt that has washed out for years. He presented three photographs of the portion of Marshall Road in question.

Mr. Kenneth Moore, a resident of Look Out Lane and Marshall Road, appeared before the Board and explained that, if the non-County maintained road was brought up to the proper level, the full 33 feet of the easement could be utilized, therefore, not affecting his property or fence. He expressed concern that there was a problem with his fence and a liability created should his livestock escape if the road was not brought up to the proper level. He stated that his ingress and egress was not affected by the wash out because he accesses his property off of Look Out Lane; however, there were nine families that were affected.

Commr. Hanson stated that staff took a positive action with the double surfacing treatment on Marshall Road and were aware of the washout problem on the non-County maintained portion of the road.

Commr. Swartz directed staff to review and determine road washout damage at the end of the County maintained portion of Marshall Road created prior to the double surfacing of the road; and to prepare a report to the County Manager as soon as possible.



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

__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN









ATTEST:







_________________________________

JAMES C. WATKINS, CLERK





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