A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 4, 1998
The Lake County Board of County Commissioners met in regular session on Tuesday, August 4, 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; William "Bill" H. Good; Rhonda H. Gerber; and Catherine C. Hanson. Others present were: Sue Whittle, County Manager; Sanford (Sandy) A. Minkoff, County Attorney; Wendy Taylor, Administrative Assistant, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Sue Whittle, County Manager, informed the Board that there were two Addenda to the Agenda, which had been properly advertised - Addendum No. 1, which pertains to setting the Tentative Millage for FY 1998/99; and Addendum No. 2, which is an Addendum to the Clerk’s Consent Agenda, being a request to acknowledge receipt of the Tax Collector’s Recapitulation of the Tax Roll for Lake County, Florida, 1998, and authorize proper signatures on two printouts of the 1997 Errors and Insolvencies Report.
Mr. Sandy Minkoff, County Attorney, informed the Board that he would like to add to the Agenda two items, being (1) a request for approval of the formal Resolution setting the referendum on November 3, 1998 for the School Board’s initiative for the one-half cent school capital outlay sales surtax; and (2) due to the fact that the two Ordinances, with respect to the fire assessments, were advertised in the newspaper for 9:00 a.m., however, were scheduled for 1:30 p.m. on the Board’s Agenda, he was requesting that the Board take action to continue them until 1:30 p.m.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved to continue the public hearings pertaining to the fire tax Ordinances until 1:30 p.m.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to place the Resolution setting the referendum on November 3, 1998 for the School Board’s initiative for the one-half cent school capital outlay sales surtax on the Agenda.
MINUTES
Regarding the Minutes of June 30, 1998, the following changes were requested:
At various places in the Minutes, where Commr. Good was stating aggressive, change to regressive.
On Page 14, Line 23, add the word and between the words commercial and vacant land.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of June 30, 1998 (Regular Meeting), as corrected.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved the Minutes of July 14, 1998 (Regular Meeting), as presented.
CLERK OF COURTS’ 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:
Budgets/Budget Transfers/County Finance
Request for approval of Budget Adjustments for FY 97/98, as follows:
A. Transfers:
1. Fund: Sales Tax Capital Projects
Department: Facilities & Capital Improvements
From: Buildings $148,000
To: Renovations $143,000
Construction Materials $ 5,000
Transfer #: 98-290
Justification: The renovation project has reached completion and funds are necessary for final payment of retainage for the Sheriff’s Administration Building, County Administration Building, Historic Courthouse, and the Central Energy Plant.
2. Fund: Landfill Enterprise Fund
Department: Solid Waste Management
From: Machinery & Equipment $30,000
To: Buildings $30,000
Transfer #: 98-291
Justification: Transfer of funds previously intended for a truck tire derimmer can be more appropriately budgeted for a pole barn for the storage of waste tires.
3. Fund: General
Department: Growth Management
From: Reserve for Salaries $10,000
To: Regular Salaries $10,000
Transfer #: 98-292
Justification: Additional funds needed to support the increase in salary for the Water Resource Manager.
4. Fund: General
Department: Constitutional Officer/Sheriff
From: Contingency - Sheriff $15,000
To: Transfer/Law Operating $ 5,000
Transfer/Law Capital $10,000
Transfer #: 98-293
Justification: Pursuant to Florida Statute 30.49, the Sheriff is requesting that $15,000 be transferred from Sheriff Contingency to Law Operating and Law Capital.
5. Fund: General
Department: Community Services
From: Contingency $125,000
To: Jail - Medical $125,000
Transfer #: 98-298
Justification: Additional funds are required for the Jail medical expenses, due to an increase in the number of services being provided to inmates. Balance in Contingency after transfer is $58,485.
B. Resolutions:
1. Fund: Landfill Enterprise Fund
Department: Solid Waste Management
Revenue: Marketable Recyclables $4,409
Expenditures: Contractual Services $4,409
Amend #: 98-294
Justification: Resolution No. 1998-111, to receive unanticipated revenue due to increased sales of marketable recyclables.
2. Fund: General
Department: Community Services
Revenue: Emerg. Mgmt. Trust Fund $3,133
Expenditures: Machinery & Equipment $3,133
Amend #: 98-296
Justification: Resolution No. 1998-112, to receive unanticipated revenue from the Department of Community Affairs for reallocation of unspent Base Grant funds from Fiscal Year 1996/97.
Bonds - Contractor
Request for approval of Contractor Bonds - New and Cancellations, as follows:
New
5003-99 Walt’s Plumbing, Inc.
5024-98 Gary Gioia d/b/a Anthony’s Plumbing, Inc.
5100-99 Pete Buhler d/b/a Absolute Air Care
5491-98 George F. Crispi (Electrical)
5629-98 David Chapman
5630-98 Jim Clark’s Plumbing, Inc.
5631-99 Ken Abrehamsen d/b/a Abrehamsen’s Heat & Air
5632-98 Daniel V. Megivern d/b/a Accessible Structures
5633-98 Ricky W. Jarvis d/b/a Mechanical Refrigeration, Inc.
5634-98 Quality Plus Aluminum
Cancellations
1904-98 John Foster, Sr.
5013-98 William M. Silliman
5447-97 Walter D. McQuaig, Jr. d/b/a American Masonry of Ocala, Inc.
5516-98 Richard Crosby/Donald Schnidt/Daniel Hulslander d/b/a Master Dock Builders
Accounts Allowed/Solid Waste
Request for approval of Certificates of Deposit, totaling $65,000, for Town & Country Refuse, Inc., and authorized the release of same to Town & Country.
Accounts Allowed/County Property
Request for approval of list of items to be deleted from Fixed Assets, for the month of July, 1998, in the amount of $17,787.42
Accounts Allowed/Courts-Judges
Request for approval of Satisfactions of Judgment, as follows, and authorized proper signatures on same:
State of Florida vs Gina Marie Mongiovi, in the amount of $250.00, Case No. 8800668CFA.
State of Florida vs Sean Michael Davis, in the amount of $250.00, Case No. 9400426CFA01.
State of Florida vs Jerry C. Rozar, in the amount of $400.00, Case No. 8500948CFA01.
State of Florida vs Jerry C. Rozar, in the amount of $250.00, Case No. 8500948CFA01.
Lisa Dianne Johnson, a Child, a/k/a Lisa Dionne Johnson, and her Parent Annette Moore, in the amount of $50.00, Case No. 81-807-CJ.
John Robert Glennon, Jr., a Child, and his Parents John Glennon and Mary Ann Glennon, in the amount of $50.00, Case Nos. 87-472-CJ and 87-730-CJ.
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.
Accounts Allowed
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 1998, in the amount of $163,414.61. Same period, last year: $137,288.84.
Courts-Judges/State Agencies/Reports
Request to acknowledge receipt of State of Florida Auditor General Report No. 13277, an operational audit of the Florida State Courts System, for the period of July 1, 1996 through June 30, 1997, and selected actions taken through April 23, 1998.
Budgets
Request to acknowledge receipt of Deer Island Community Development District’s Proposed Budget for FY 1998/99, for the purpose of disclosure and information only, in accordance with Chapter 190.008(2)(b), Florida Statutes.
Municipalities/Ordinances
Request to acknowledge receipt of City of Tavares Annexation Ordinance No. 98-14, amending the boundaries of the City of Tavares, by including within the city limits property generally described as approximately 1.7 acres, located north of Dora Avenue and east of Merry Road; subject to the rules, regulations and obligations ordained by the City of Tavares Council; rezoning the property from County R-6 to City RMF-2; providing a special use permit for a house of worship; providing an effective date. Passed and ordained the 17th day of June, 1998, by the City Council of the City of Tavares, Florida.
Municipalities/Ordinances
Request to acknowledge receipt of City of Fruitland Park Ordinance No. 98-004, annexing property to the City of Fruitland Park, Florida; providing for the annexation of property generally located on Lewis Road, adjacent to Wingspread, and generally known as the Grace Bible Baptist Church property; providing for PFD (Public Facilities District) zoning of the property; providing for an institutional comprehensive plan land use designation for the property; providing for an effective date. Passed and ordained the 25th day of June, 1998, by the City Commission of the City of Fruitland Park, Florida.
ADDENDUM NO. 2
CLERK OF COURTS’ CONSENT AGENDA
TAX COLLECTOR/REPORTS
Regarding the issue of the Tax Collector’s Recapitulation of the Tax Roll for Lake County, Florida, 1998, and two printouts of the 1997 Errors and Insolvencies Report, which needed to be signed by the Chairman of the Board of County Commissioners and the Clerk of Courts, Commr. Swartz stated that he wanted to make sure the County Attorney and a representative from the Clerk’s Office had reviewed them, before the Chairman and the Clerk sign them.
The Chairman suggested that the County Attorney, Mr. Sandy Minkoff, and Ms. Barbara Lehman, Chief Deputy Clerk, Clerk’s Office, review the documents to make sure that they meet statutory requirements, and take action on them, when the Board reconvenes at 1:30 p.m., for the public hearing on the fire rescue special assessment.
COUNTY MANAGER’S CONSENT AGENDA
Regarding the issue of Tab 10, Commr. Good informed the Board that he was glad to see that the bridges alluded to, under said tab, were going to be built in south Lake County, noting that it will make the life of the residents along that route much happier.
Commr. Swartz stated that said bridges are two of the ones that the County has worked very hard to bring up to standards and noted that the $2.7 million dollars that will be utilized for said bridges was funded by road impact fees from Districts 5 and 6.
Commr. Cadwell informed the Board that, with regard to Tab 6, the $126,100.00 alluded to is Jobs Growth Incentive monies that are being returned to the Trust Fund Account, due to the fact that certain jobs were not created. He commended Mr. Bruce Duncan, Economic Development Director, for keeping track of what jobs are or are not being created.
On a motion by Commr. Hanson, seconded by Commr. Good 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 of payment of invoice, in the amount of $28,567.77, to Shands Hospital, for a Lake County resident who received inpatient care under the Health Care Responsibility Act.
Accounts Allowed/Community Services/Contracts, Leases and Agreements/Grants
Request from Community Services for approval and execution of Agreement between Lake County and Lake/Sumter Children’s Advocacy Center, for grant funding, in the amount of $2,500.00.
Community Services/Public Health/Resolutions
Request from Community Services for approval and execution of Resolution No. 1998-113, amending Resolution No. 1998-83 - Fee Schedule for FY 1997/98, for services provided by the Department of Community Services, including the Lake County Health Department, within the areas of Communicable Disease Control and Primary Care.
Accounts Allowed/Economic Development
Request from Economic Development for approval to return Jobs Growth Incentive award monies to Trust Fund account, in the amount of $126,100.00.
County Employees/Personnel
Request from Personnel for approval and execution of certificates for employees with one and three years of service to the County.
Public Works/Rights-of-Way, Roads and Easements
Request from Public Works for approval to advertise Vacation Petition No. 871, by Hampton P. Conley, Executive Vice President, The Greater Construction Corporation, to vacate drainage easements, Greater Groves, Phase 6, Section 27, Township 24S, Range 26E, Clermont area - Commissioner District 2.
Accounts Allowed/Bids/Public Works/Road Projects/Subdivisions
Request from Public Works for approval to advertise for bids for SA-92, Hillside Drive, West Hillside Drive, Hill Drive, Pine Drive, Skyline Drive, Sunset Trail, Lakeside Drive, and Holly Way, located in the Forest Hills Subdivision, at an estimated cost of $717,600.00 - Commissioner District 4.
Accounts Allowed/Bids/Public Works/Road Projects
Request for approval to award Lake Minnehaha Bridge No. 114013 and Lake Minneola Bridge No. 114046, Construction Project No. 4-98, Bid No. 98-080, to Saltsman Construction, Inc., in the amount of $2,722,459.30; approval to encumber and expend funds, in the amount of $1,316,229.65, from the Road Impact Fee Benefit District 5 Fund, and $1,316,229.65 from the Road Impact Fee Benefit District 6 Fund - Commissioner District 2.
Public Works/Resolutions/Rights-of-Ways, Roads and Easements/Road Projects
Request from Public Works for approval and execution of Resolution No. 1998-114, accepting easement and authorizing Chairman to execute legal instruments relating to Sovereign Submerged Lands Easement No. 30031, for Lake County Bridge No. 114046, at Lake Minneola, and Lake County Bridge No. 114013, at Lake Minnehaha, Project REB98018.
Public Works/Subdivisions
Request from Public Works for acceptance of final plat for Buckhill Ridge Subdivision, consisting of 6 lots - Commissioner District 2.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
COUNTY EMPLOYEES
The Chairman presented Employee Awards, as follows:
Presentation of Plaques to Employees with Five Years of Service to the County
John A. Cento, Planner III, Growth Management, Planning and Development Services Division, Long Range Planning Services (Not Present)
Sharon Farrell, Senior Growth Management Director, Growth Management, Senior Director’s Office
Robin K. Hall, Firefighter/EMT, Fire and Emergency Services, Operations Division, Fire/Rescue
Paul D. Mertz, Firefighter/EMT, Fire and Emergency Services, Operations Division, Fire/Rescue (Not Present)
Alvin G. Padgett, Equipment Operator II, Public Works, Roads Division, Maintenance Area II
Chris Palmer, Firefighter/EMT, Fire and Emergency Services, Operations Division, Fire/Rescue (Not Present)
Presentation of Plaque to Employee with Ten Years of Service to the County
Joanne K. Singleton, Administrative Assistant, Fire and Emergency Services, Technical Services Division, Fire/Rescue Administrative
Presentation of Plaque to Employee with Thirty Years of Service to the County
John L. Jackson, Jr., Extension Agent IV, Agricultural Education Service, Cooperative Extension Service
Presentation of Plaque to Retiring County Employee
Portia G. Hall, Secretary II, Public Works, Special Services Division, Director’s Office, Support Services - Nine Years, Eight Months
Presentation of Plaque and Bond to “Employee of the Quarter” Third Quarter
(April, May, June)
Lora L. Bailey, Special Services Division Director, Public Works, Special Services Division, Director’s Office, Support Services
PUBLIC HEARING
ACCOUNTS ALLOWED/COURTS-JUDGES/ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, CREATING SECTION 9-6 OF THE LAKE COUNTY CODE; IMPOSING A COURT FACILITY FEE TO BE PAID BY THE PARTY OR PARTIES INSTITUTING ANY CIVIL ACTION, SUIT OR PROCEEDING IN THE CIRCUIT COURT OR THE COUNTY COURT; PROVIDING THAT SUCH FUNDS SHALL BE PAID TO THE BOARD OF COUNTY COMMISSIONERS WHO SHALL USE SUCH FUNDS TO PROVIDE AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE USE OF THE COURTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff informed the Board that the only change that was made to the Ordinance, since it came before the Board for approval to advertise, was contained on Page 2, Line 11, under Item (c). He stated that the language unless otherwise provided by general or special law was inserted in the Ordinance, because staff became aware of a limitation on domestic injunctions that the fee alluded to in the Ordinance could not apply to, in the Statutes.
Commr. Good questioned whether there was a provision in the Ordinance for hardship cases, such as somebody that is utilizing public assistance, legal support, etc.
Mr. Minkoff stated that there is a provision in the Statutes where the fees are waived for indigents. He stated that the Clerk’s Office processes them and the Judges approve them.
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.
The Chairman noted that, in discussions that were held with the Clerk of Courts and the Chief Judge, they both agree that this would be a helpful item to have, in order to continue to maintain and upgrade the County’s court facilities.
The County Attorney noted that the Ordinance will become effective on October 1, 1998, which he noted will enable the Clerk to let attorneys and other participants in the system become aware of the change.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 1998-62, 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, as read on its first and final reading, by title only.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNICATIONS SYSTEMS/CONTRACTS, LEASES AND AGREEMENTS
Mr. Bruce Thorburn, Communications Systems Director, addressed the Board and explained this request, stating that the County has a cable franchise agreement with Florida Cable, Inc., that is due to be terminated August 9, 1998, or renewed. He stated that staff was finally able to obtain a proposal from the cable company, contained in the Board’s backup material, and a cover letter, indicating some negotiating points. He stated that he and Ms. Valerie Fuchs, Assistant County Attorney, had very little chance to review the document before the Board this date and had only spoken with representatives from the company once, since receiving the document; therefore, staff was requesting a 60 day extension. He stated that Florida Cable would like to get a ten year franchise agreement from the County, in order to bring their company up to the same quality of cable provisioning that the County has requested of Comcast. He stated that they have indicated that they would need eight years to do it. He stated that, why they would need a ten year franchise agreement, if they are going to rebuild in eight years, he did not know. He stated that, at the end of the ten year period, if they do what they say they will do, they want a fifteen year recovery time period, which would mean that the franchise agreement would be in effect for twenty-five years.
Commr. Swartz stated that it appeared Mr. Thorburn needed approval for two issues, one being to get an extension of the franchise agreement, in order to consider the issues that the Board is currently dealing with, at which time he questioned whether, during that extension, they would collect at the 5% and pay quarterly.
Mr. Thorburn stated that, when the County allowed them to absorb the holdings of Performance Cable, one of the transfer points was that they would be required to collect the 5%. He stated that the quarterly payment requirement is contained within the ordinance; however, they have never done that.
It was noted that the extension, if granted, would include a requirement that quarterly payments be made.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Communications Systems for approval to extend the existing Franchise Agreement with Florida Cable, Inc. for sixty (60) days, in order to prepare an agreeable document for the Board’s review.
The Chairman informed Mr. Thorburn that, with regard to the other items, he did not feel the Board was in a position, this date, to answer any questions regarding same. He stated that he would prefer Mr. Thorburn and staff review Florida Cable’s request and make a determination as to whether it was going to be in the best interest of the citizens of the area, or to come up with some alternative, and bring a recommendation back to the Board, at the earliest possible date.
Mr. Thorburn stated that the County Ordinance states that all cable companies should make the attempt to keep services at the highest technological level and, since the Board just imposed it on Comcast, staff made that negotiative point to Florida Cable, however, because it is such a small company and their subscriber listing is so small, they are going to require much more time to be able to do it, if the Board chooses to require them to do it. He stated that their service area is extremely rural and it will take a lot more infrastructure for them to put in, which is why they are saying that they need 25 years to recover the costs of putting in the infrastructure.
It was noted that Florida Cable will need additional time, because of its size and the manner in which they operate.
It was the consensus of the Board that Mr. Thorburn and staff review the existing Franchise Agreement with Florida Cable, Inc., and bring a recommendation, with options, back to the Board, at a later date.
It was noted that the Board may still decide to leave it the way it is and not make it uniform with other cable companies in the County.
Mr. Thorburn informed the Board that, under Federal Communication Commission Rules and Requirements, the process for renewal begins 36 months prior to the end of a franchise agreement.
PUBLIC WORKS/ROADS-COUNTY AND STATE/ROAD PROJECTS
Mr. Jim Stivender, Jr., Senior Director, Public Works, addressed the Board and explained this request, stating that approving the prioritization of road projects for Lake County is an annual responsibility that the Board has, as the Metropolitan Planning Organization (MPO) for Lake County. He stated that it is the responsibility of the Board to present a candidate program for FDOT to pursue projects, many of which have been submitted by the cities. He reviewed a two page spread sheet, contained in the Board’s backup material, which lists various road improvement projects for the County, in the order of prioritization, for the years FY 1999-2004. He discussed some new projects that FDOT has scheduled for FY 1999, for the Cities of Tavares, Clermont, Fruitland Park, Lady Lake, and the County and answered questions from the Board regarding same.
Mr. Mike Szunyog, FDOT, addressed the Board and answered some questions they had about road projects that FDOT has scheduled for the County.
Commr. Swartz requested an update on the Rails to Trails Program and where the County presently is, regarding same.
Mr. Stivender stated that Mr. Stuart Buchanan, Bicycle Pedestrian Coordinator for Lake County, is in the process of putting that information together and should have a report to present to the Board, within the next month or two.
Ms. Pat Mayhill, City of Eustis, addressed the Board and thanked Mr. Stivender and his staff, as well as Mr. Mike Szunyog, and the FDOT, regarding their continued support of the SWIM water retrofit projects that are ongoing in the City of Eustis, affecting SR 19 and SR 44.
Commr. Gerber commended Ms. Mayhill and the engineering staff and leadership from the City of Eustis, for their cooperation and for working so well with the County.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of the staff recommended prioritization of projects for the FDOT Five Year Work Program, to include enhancement projects, as noted.
OTHER BUSINESS
APPOINTMENTS-RESIGNATIONS/COMMITTEES
A brief discussion occurred regarding the need to appoint individuals to vacant positions on the Lake County Impact Fee Evaluation and Review Committee.
It was the consensus of the Board to postpone action regarding said request until a later date.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
It was the consensus of the Board to postpone action regarding the appointment of an individual to the vacant position of Citizen Representing the Elderly Consumer, on the Comprehensive Health Care Committee, until a later date.
REPORTS
COMMISSIONER HANSON - DISTRICT 4
RESOLUTIONS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-115, extending heartfelt thanks and appreciation to all volunteer and career firefighters and all of those individuals, communities, cities, and organizations who rendered aid and assistance to the citizens of Lake County and its neighboring counties, during the period of devastation.
Commr. Hanson distributed, for the Board’s consideration, quotes for full page ads, with regard to the possibility of publishing the above noted Resolution in the Lake Sentinel and the Daily Commercial, thanking everyone involved for their support, during the period of devastation.
Staff was asked to look into the matter, from a budget standpoint.
It was noted that Commr. Hanson would look at some dates for having said item brought back before the Board, for further discussion and approval.
No action was taken at this time.
ADDENDUM NO. 1
BUDGETS/CONSTITUTIONAL OFFICERS/COUNTY FINANCE
Ms. Sue Whittle, County Manager, distributed a handout (General Fund Analysis for FY 1998/99), noted as Addendum No. 1, for the Board’s perusal. She stated that staff met with both the Sheriff and the Clerk and that the Sheriff had indicated that he would comply with the Board’s wishes, with regard to the numbers on reduction of his budget. She stated that, during said discussion, it was determined that the County has been carrying a reserve for salaries ( BCC Salary Contingency) line item, in the amount of $130,000.00, that was put into place several years ago, when the County did the Pay and Compensation Plan. She stated that staff has determined that is not a necessity in the budget, therefore, it is being reduced. She stated that the Clerk has agreed to reduce his budget by the amount that the Board asked, which is in the amount of $54,000. She further stated that staff had received the Tax Collector’s budget and that the County has been receiving an additional $150,000 in excess fees, over and above that which had originally been budgeted. She stated that the County had budgeted $975,000.00 for the Tax Collector, however, his figure is actually $1,000,050.00.
At this time, Ms. Whittle reviewed the Budget and Suggested Changes to it, as follows:
Shortfall (587,369) (1,239,809)
Add to Budget:
General Fund Portion of Fire Assessment (80,000) (80,000)
½ Funding for ACE Position (26,200) (26,200)
Decrease in Excess Fees from Sheriff (100,000) (100,000)
Reduce the Budget by:
Sheriff Budget 400,000 400,000
Sheriff: ½ the Dispatch Positions 113,000 113,000
BCC Salary Contingency 130,000 130,000
Clerk Budget 54,000 54,000
Additional Excess Fees from Tax Coll 98 150,000 150,000
Net Surplus (Shortfall) 53,431 (599,009)
NET DOLLAR DIFFERENCE between current millage rate and rolled back: $652,440
Ms. Whittle suggested that, in September of this year, if the $53,431 net surplus is still available, the Board might want to consider adding it to either the regular Contingency Fund, noting that, because of some extraordinary expenses with the Court System and inmate medical care this year, the Contingency Fund is running extremely close. She stated that the County has not increased the Contingency Fund in the four budget cycles that she has been with the County. She stated that might be a good use for it, or the Board could add it to the Reserve Fund for Facilities Maintenance, which she noted is the account that was set up this year to take care of non-capital maintenance costs that are necessary from time to time.
Ms. Whittle stated that, to go back to the rolled back rate would be a net dollar difference of approximately $652,440.00. She stated that the County does have a $701,217.00 reimbursement in infrastructure sales tax listed in the budget. She stated that the Board had indicated that they did not want to raise taxes, however, did want to provide some reserves and payback on some of these things.
Commr. Swartz stated that the Board agreed to stay at the existing millage and to roll the difference into that sales tax fund. He stated that is not money that the County is budgeting to spend; it is money that they are budgeting to put into that fund for future years infrastructure needs.
Commr. Gerber noted that, if the Board had any money to give and, if Orange County comes on board, she would like to see the County reconsider giving some funding to the soil amendment process for the St. Johns River Water Management District.
Commr. Hanson questioned whether the County knew anything more on the ACE position, from the School Board.
Commr. Swartz stated that he had corresponded with the Superintendent of Schools and the Chairman of the School Board, however, had not received any response back, to date. He further stated that there is a natural tension between the Board of County Commissioners, that sets the millage and raises the taxes, and the Constitutional Officers, who have budgets that they feel are important to be funded, at the levels that they estimate them to be, so there is always a natural tension of pulling and tugging over trying to get to a point where everyone can meet their responsibilities. He stated that he felt the Board had some very productive meetings this year, particularly with the Sheriff, from the standpoint that he and his staff have a much better understanding of the way that the Board has historically calculated its increases for salary adjustments and its merit raises. He stated that he felt the board was able to help him see, within that same framework, how he could compensate his employees in such a way that he does not feel they are falling behind. He stated that he had received a call from the Sheriff, prior to this meeting, and he indicated that he would reduce his budget and help come up with the numbers that the Board is trying to reach. He stated that, with regard to the dispatchers for the Sheriff’s Office, the Sheriff indicated that he would be okay with the four dispatchers, initially, with the idea that the County is going to try to get a grant, which would reduce the number. He stated, however, if the County does not get the grant alluded to, he feels the Sheriff is going to want to come back and put the other dispatchers on the table, for approval.
Commr. Gerber clarified the fact that it is not actually four dispatchers; it is one dispatcher on duty at all time. She stated that he would not be getting four new people, he is getting one new position, it is just that it takes four people to fill the position - one person per shift.
Commr. Swartz stated that, with regard to the Clerk’s budget, the Clerk was very gracious in working with the Board to find a way, so that they can, hopefully, show to all the employees in county government that the Board is trying to increase their salaries in a fairly similar and fair way. He stated that the Board had received a letter from the Clerk, in which he indicates that he would meet the same requirements. He stated that he was pleased that, with both the Sheriff and the Clerk, they were able to reach an agreement and the Board is now in a position to adopt the same millage and put back into the County’s Sales Tax Fund $701,217.00.
Commr. Cadwell stated that he appreciated the Constitutional Officers working with the Board, and that he also appreciated Commr. Swartz’s efforts in dealing with them, on behalf of the Board.
It was noted that public hearings have been scheduled, to adopt the budget, for 6:00 p.m., on September 8, 1998 (first public hearing) and September 22, 1998 (final public hearing).
On a motion by Commr. Good, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved to set the tentative millage rate of 4.733 mills for the General Fund.
A motion was made by Commr. Good and seconded by Commr. Hanson that the Board set the tentative millage rate of .268 mills for the Lake County Ambulance District.
Under discussion, Commr. Swartz stated that, in the next year or two, the County is going to need to coordinate with the Southlake Hospital District, noting that they are in the process of rolling back their millage and it is from those funds that they pay the ambulance service from the south Lake County area. He stated that the County will need to place in the south Lake County area the same millage it has in the north Lake County area. He stated that the County just needs to coordinate those efforts, so that it will happen at the same time. He stated that he believed they were planning to roll from 2 mills back to 1 mill and the County would then just come in with that portion that is the Northlake Ambulance District. He stated that he believed it would affect the County’s 1999/2000 budget. He stated that he felt it was very prudent for the Board to take this action and informed them that they needed to be prepared to take it again next year and coordinate with south Lake County.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
Commr. Swartz noted that the Supervisor of Election’s budget is very modest and in line with the Board’s request and that he believed the Tax Collector has indicated that he would also be following the salary guidelines that the Board has requested. He stated that he did not know what the status would be, with regard to the Property Appraiser’s budget. He stated that both the Property Appraiser and the Tax Collector’s budgets are reviewed by the Department of Revenue, not by the Board.
REPORTS
COUNTY ATTORNEY
EDUCATION/RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that last month the Board determined that the referendum on the School Board’s sales tax question would be in November of this year and that the Resolution before the Board, this date, was the formal Resolution calling for the election and directing the Clerk of Courts to do the advertisement that is required.
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously, by a 5-0 vote, the Board approved Resolution No. 1998-107, providing for the placement of a referendum on the November 3, 1998 General Election ballot, pertaining to levying a one-half percent school capital outlay sales surtax, as stated in Resolution No. 98-062298 of the School Board of Lake County; providing for publication of the notice of the referendum election in a newspaper of general circulation in Lake County; providing for an effective date.
Commr. Swartz thanked the County Finance staff for meeting with him and the Constitutional Officers, noting that they were very helpful in helping the Constitutional Officers understand what the Board was doing, with regard to salary increases.
RECESS AND REASSEMBLY
At 10:10 a.m., the Chairman announced that the Board would recess until 1:30 p.m., for the Public Hearing regarding the Fire Rescue Special Assessment.
PUBLIC HEARING
FIRE RESCUE SPECIAL ASSESSMENT
ASSESSMENTS/FIRE AND EMERGENCY SERVICES/ORDINANCES
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that this was a continuation of the hearing that started at 9:00 a.m. this morning, on the two ordinances that have been advertised for adoption, with regard to the fire rescue special assessment issue.
Ms. Sarah Blakely, from the law firm of Nabors, Giblin & Nickerson, in Tallahassee, addressed the Board and discussed the two ordinances and resolution before the Board, this date, regarding the fire rescue special assessment issue. She started by discussing the fire rescue assessment ordinance stating that it was primarily a procedural ordinance for the consideration and adoption of a fire rescue assessment. She stated that its primary focus is to allow the Board to use the uniform collection method, authorized by the Statutes, which gives the County the authority to put the assessments on the ad valorem tax bill. She stated that it details what those Statutes require and includes those within the Ordinance. She stated that, additionally, it contains some other provisions that supplement what the County is currently doing and will make it a little bit easier for the fire rescue assessments to be imposed and even corrected, should there be some mistakes. She reviewed some of the important provisions contained within the Ordinance, which she discussed in detail.
Ms. Blakely then reviewed the second ordinance noting that it amends the County’s current municipal service taxing unit for fire protection ordinances, which currently provides fire rescue assessments, being Ordinance Nos. 1990-24 and 1991-18. She stated that it was merely a technical change to that ordinance, which occurs in two places. She stated that it amends the earlier ordinances and states that, for that Municipal Service Taxing Unit, the County can use any procedures that they are recommending in the thick ordinance.
Ms. Blakely reviewed the third document before the Board, this date, being the Initial Assessment Resolution, stating that it directs the County Manager to prepare for the notification and to notify all property owners, both by first class mail notice and a publication in the newspaper. She stated that it further directs the County Manager to prepare an assessment roll that lists all the parcels and all the assessment amounts. She stated that it further provides for the actual computation of the fire rescue assessments, noting that the method of apportioning the fire rescue costs, as was described earlier this year, through Ms. Camille Gianatasio’s report to the Board on the new assessment methodology and new assessment rates. She stated that they are tentative rates. She stated that the purpose of the Resolution is to notify each property owner that there is going to be a public hearing on September 1, 1998, specifying what the rates of notification are, including the maximum assessment rate concept, so that the property owners will know what the maximum assessment rate will be in the future, without further notification on that notice. She stated that something that is unusual about the Resolution is that it contains an Extraordinary Vacancy Credit Provision for RV parks, that allows RV park and campground owners to come in and swear, through an affidavit process, that some of their lots are not being used 100% of the time, for the preceding fiscal year. She stated that, if they can show that their lots are not being used 100% of the time, then they get a credit against their fire rescue assessment. She stated that it is something that was added this year. She stated that the Resolution also provides for an imposition of fire rescue assessments against all property that is improved with a building. She stated that it has a particular provision for institutional property and large buildings, as well as being not-for-profit and currently exempt from ad valorem taxes, under Florida law. She stated that the Resolution, as currently crafted, provides a 50% reduction in those institutional exempt properties and the rate for their assessment, so they will be paying at a rate significantly reduced from what the apportionment methodology would otherwise require. She stated that there is a legal basis for doing that, noting that, in current constitutional law, the Constitution authorizes exemptions for that kind of property, from ad valorem taxes, so they crafted this exemption from assessments to mirror that aspect. She referred to Page D-2 of Appendix A - Fixed Property Use Codes, of the Ordinance, stating that it contains the tentative fire rescue assessment rates - both the maximum and the proposed rate for next year. She then answered questions from the Board regarding the documents before them.
Ms. Camille Gianatasio, Government Services Group, Inc., addressed the Board in response to a question by Commr. Gerber, as to what would be classified as An Institution called Unclassified Worship, stating that for every one of the categories that the Fire Department uses to record their incidents, there is always the other part of a category and what the Board sees before them is when the category does not fall into any of the other kind of properties that are considered “house of worship” or “worship places”, they are called Worship Unclassified. She stated that it is a parcel of property that is religious that the Fire Department cannot classify any other way.
Commr. Hanson stated that she still had her same concerns about the assessment, as in charging the full assessment, when she would prefer that the Board look at raising the same amount of dollars required for the budget, to be partially derived from property taxes and partly from the assessment, mostly because commercial will be paying a much smaller rate and vacant property will pay no fire assessment. She stated that she understood the rational, to arrive at the assessment, but feels that it would be a more fair way to deal with it, to have partial funding from assessments and partial from ad valorem, to arrive at the same dollars.
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.
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:
ORDINANCE RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS THROUGHOUT THE INCORPORATED AND UNINCORPORATED AREAS OF LAKE COUNTY, FLORIDA; AUTHORIZING THE IMPOSITION AND COLLECTION OF FIRE RESCUE ASSESSMENTS AGAINST PROPERTY; PROVIDING FOR INCLUSION OF MUNICIPAL AREAS; PROVIDING CERTAIN DEFINITIONS INCLUDING A DEFINITION FOR THE TERM “FIRE RESCUE ASSESSMENT”; ESTABLISHING A PROCEDURE FOR IMPOSING FIRE RESCUE ASSESSMENTS; PROVIDING THAT FIRE RESCUE ASSESSMENTS CONSTITUTE A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF ASSESSMENT ROLL; PROVIDING THAT THE LIEN FOR A FIRE RESCUE ASSESSMENT COLLECTED PURSUANT TO SECTIONS 197.3632 AND 197.3635, FLORIDA STATUTES, UPON PERFECTION SHALL ATTACH TO THE PROPERTY ON THE PRIOR JANUARY 1, THE LIEN DATE FOR AD VALOREM TAXES; PROVIDING THAT A PERFECTED LIEN SHALL BE EQUAL IN RANK AND DIGNITY WITH THE LIENS OF ALL STATE, COUNTY, DISTRICT, OR MUNICIPAL TAXES AND ASSESSMENTS, AND SUPERIOR IN DIGNITY TO ALL OTHER PRIOR LIENS, MORTGAGES, TITLES, AND CLAIMS; AUTHORIZING THE IMPOSITION OF INTERIM ASSESSMENTS; PROVIDING A PROCEDURE FOR COLLECTION OF FIRE RESCUE ASSESSMENTS; PROVIDING A MECHANISM FOR THE IMPOSITION OF ASSESSMENTS ON GOVERNMENT PROPERTY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.
Commr. Good questioned whether the first action that the Board would take this date fixed the rate, as well as establishes the criteria and methodology for doing the assessment.
Commr. Swartz stated that the rate is actually included in the Resolution that is tied to the Ordinance.
A motion was made by Commr. Cadwell and seconded by Commr. Hanson to adopt Ordinance No. 1998-63, authorizing non-ad valorem assessments, as read into the record by the County Attorney, Mr. Sandy Minkoff.
Under discussion, Commr. Swartz stated that there would be another public hearing on this matter on Tuesday, September 1, 1998, which he noted happens to be election day, at 1:30 p.m.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
PUBLIC HEARING
FIRE RESCUE SPECIAL ASSESSMENT
ASSESSMENTS/FIRE AND EMERGENCY SERVICES/ORDINANCES
Mr. Sandy Minkoff, County Attorney, placed the proposed ordinance on the floor, for its first and final reading, by title only, as follows:
ORDINANCE AMENDING ORDINANCE NO. 1990-24 AND ORDINANCE NO. 1991-18, RELATING TO THE “LAKE COUNTY MUNICIPAL SERVICE TAXING UNIT FOR FIRE PROTECTION” WHICH ENCOMPASSES A PORTION OF THE UNINCORPORATED AREA OF LAKE COUNTY AND THE INCORPORATED AREAS OF THE TOWN OF LADY LAKE, THE CITY OF MINNEOLA, THE TOWN OF HOWEY-IN-THE-HILLS, AND THE TOWN OF ASTATULA, FLORIDA; CLARIFYING AND PROVIDING AUTHORIZATION TO USE ALL PROCEDURES AVAILABLE BY LAW IN THE IMPOSITION OF NON-AD VALOREM ASSESSMENTS; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING AN EFFECTIVE DATE.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board adopted Ordinance No. 1998-64, amending Ordinance No. 1990-24 and Ordinance No. 1991-18, relating to the “Lake County Municipal Service Taxing Unit for Fire Protection”, which encompasses a portion of the unincorporated area of Lake County and the incorporated areas of the Town of Lady Lake, the City of Minneola, the Town of Howey-in-the-Hills, and the Town of Astatula.
PUBLIC HEARING
FIRE RESCUE SPECIAL ASSESSMENT
ASSESSMENTS/FIRE AND EMERGENCY SERVICES/RESOLUTIONS
Mr. Sandy Minkoff, County Attorney, read into the record the title of Initial Assessment Resolution No. 1998-116, relating to the provision of fire rescue services, facilities, and programs throughout a portion of the unincorporated area of Lake County, Florida, and throughout the incorporated areas of the City of Minneola and the Towns of Astatula, Howey-in-the-Hills, and Lady Lake; describing the method of assessing fire rescue assessed costs against assessed property located within such area; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date.
It was noted that this Resolution establishes the $82.00 rate for residential.
Mr. Minkoff, County Attorney, informed the Board that there had been a few typographical changes to the Resolution, but noted that it was the notice that would be going to the property owners.
At this time, the County Manager distributed a handout (Lake County Fire & Emergency Service Special Assessment Program for Fiscal Year 1998-99 Information Brochure), for the Board’s perusal.
A motion was made by Commr. Cadwell and seconded by Commr. Gerber to approve Initial Assessment Resolution No. 1998-116, relating to the provision of fire rescue services, facilities, and programs throughout a portion of the unincorporated area of Lake County, Florida, and throughout the incorporated areas of the City of Minneola and the Towns of Astatula, Howey-in-the-Hills, and Lady Lake; describing the method of assessing fire rescue assessed costs against assessed property located within such area; directing the preparation of an assessment roll; authorizing a public hearing and directing the provision of notice thereof; and providing an effective date.
Under discussion, Commr. Good stated that he would be voting against the Resolution, for the sole reason that the rate structure is too regressive for a small part of the population and not as aggressive to the other part of the population. He stated that he did not see it as the most equitable way of doing the assessment, therefore, would be opposing the motion.
The Chairman called for a vote on the motion, which was carried, by a 3-2 vote.
Commrs. Good and Hanson voted “No.”
Commr. Swartz thanked the consultants and staff, who had worked very long and hard on this issue, for a job well done.
ADDENDUM NO. 2
CLERK OF COURTS’ CONSENT AGENDA
TAX COLLECTOR/REPORTS (CONT’D.)
Mr. Sandy Minkoff, County Attorney, addressed the Board and explained this request, stating that he and Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, met with Ms. Pat Land and Mr. Jim Little, in the Tax Collector’s Office, during the lunch break, and determined that the Tax Collector’s Recapitulation of the Tax Roll for Lake County, for 1998, is in order and that it contained no insolvencies, therefore, would recommend that the Board acknowledge receipt of it and authorize the Chairman’s signature on same.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board acknowledged receipt of the Tax Collector’s Recapitulation of the Tax Roll for Lake County, Florida, 1998; and authorized proper signatures on two printouts of the 1997 Errors and Insolvencies Report, to be signed by the Chairman of the Board of County Commissioners and the Clerk of Courts - one to be returned to the Tax Collector and the other to be given to the Board of County Commissioners.
OTHER BUSINESS
COUNTY MANAGER
ASSESSMENTS/BUDGETS/FIRE AND EMERGENCY SERVICES
Ms. Sue Whittle, County Manager, addressed the Board and explained this request.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved a request from the County Manager to authorize an expenditure, in the amount of $41,250.00, which is the costs related to mailing 55,000 parcels, with regard to the fire assessment issue; and authorized staff to bring back to the Board, at a later date, a budget amendment for said funds, if needed.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 2:15 p.m.
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G. RICHARD SWARTZ, JR., CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK