The Lake County Board of County Commissioners met in regular session on Tuesday, October 6, 1998, at 9:00 a.m., in the Board of County Commissioners' Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: 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 Commissioners' Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Marlene S. Foran, Deputy Clerk.
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
There were no revisions to the agenda.
MINUTE APPROVAL
On a motion by Commr. Gerber, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of August 25, 1998 (Regular Meeting), as presented.
Regarding the Minutes of September 1, 1998 (Regular Meeting), the following corrections were requested:
Page 13, Line 21 - change "forward" to forwarded.
Page 18, Line 7 - change "Ms. Paul Lucky" to Mr. Paul Ludtke.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of September 1, 1998 (Regular Meeting), as corrected.
Regarding the Minutes of September 8, 1998 (Regular Meeting), the following corrections were requested:
Page 22, Line 6 - add millage after "North Lake Ambulance Fund".
Page 22, Line 8 - change "descended" to dissented.
On a motion by Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the Minutes of September 8, 1998 (Regular Meeting), as amended.
CLERK OF COURTS' CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Accounts Allowed/Courts-Judges
Request for approval of Satisfaction of Judgment, State of Florida vs. Jeffrey David Virden, Case No. 97-1138-CFA, in the amount of $750.00; and authorized proper signature on same.
Bonds - Contractor
Request for approval of Contractor Bonds, New and Cancellations, as follows:
New
958-99 Ben L. Bacon, Jr./Paramount Plumbing, Inc.
1083-99 William J. St. John (Electrical)
1095-99 Raymond E. Olds dba R.E.O. Construction
1086-99 B & V Refrigeration, Inc.
1174-99 Clifford C. St. Louis, Sr. (Heating & A/C)
1301-00 Laurier Poirier of Direct Electric, Inc.
1370-99 Raymond R. Libby dba Libby Twins Heating
1691-99 Russell's Electrical Service
1855-99 Robert Lee Walker (Residential)
1420-99 Paul C. Thomas (Building)
1876-99 Robert J. Hamilton (Plumbing)
4102-99 Raymond V. Wise/Wise Electric Service
4167-99 George S. Agner (Electrical)
4202-99 John Hoffman dba Trent Electric, Inc.
4232-00 Thomas Ruff (Plumbing)
4396-99 Sarnex Electric, Inc.
4444-99 John D. Frish dba Pioneer Construction (Residential Class C)
4535-99 John F. Kiley (Plumbing)
4595-99 James D. Martin (Plumbing)
4631-99 Wayne Stafford (Electrical)
4642-99 Robert Gay dba Construction Management Services (Contractor)
4652-99 William H. Young dba Bill Young Construction
4689-99 Lyndon G. Denelsbeck (Plumbing)
4803-99 United Electrical Contractors, Inc.
4838-99 Joseph J. Dipaolo, Jr., dba Alpine South PLU (Plumbing)
4901-99 The Plumbing Connection of Central Florida
4928-98 James Alderman dba General Concrete and Masonry
5000-99 Alan L. Bruns/Bruns, Inc. (General Contractor)
5019-99 Mike D. McGowen dba A-Plus Plumbing
5155-99 W. Douglas Stapleton (Residential Builder)
5232-99 Brierhill Homes, Inc.
5280-99 Donald Reilly/Art Kraft Sign Company
5302-99 Roger Lee Swoap/Trident Roofing Company of Florida
5326-99 Alex Collada (Heating & Air Conditioning)
5339-99 Waters Plumbing, Inc.
5360-99 First Florida Contractors, Inc.
5383-99 Alan D. Brotz (Electrical)
5387-99 Donna Lee Mahnken/Main Line Electrical
5393-00 Lennar Homes, Inc./E.B. Hacker
5421-99 Von McElroy (Electrical)
5433-99 Rakes Electric, Inc.
5490-99 Edward E. Kirkland dba Kirkland Plumbing, Inc.
5537-99 Randy Alumbaugh Construction, Inc.
5569-99 William Greenberg (Electrical)
5592-00 TCB Framing, Inc. (Carpentry)
5643-99 John P. Larkin (Roofing)
5644-98 Beacon Electrical Contracting & Design, Inc.
Cancellations
3049- Charles Wingo dba Wingo Signs
3077-98 Ken Oliver Roofing
4232-98 Thomas Ruff
4759-98 James Wilson dba J.W. Aluminum
5425-98 Roman Sign
5434-97 Robert J. Ehret
5534-97 Stephen Crain dba A Cool Breeze
Account Allowed/Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $10,829.46.
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.
Accounts Allowed/Reports
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending August 31, 1998. Disbursements: $145,777.01, Same period last year: $135,933.66.
State Agencies/Budgets
Request to acknowledge receipt of Oklawaha Basin Recreation and Water Conservation and Control Authority's (Lake County Water Authority's) DRAFT Tentative Budget for 1998-99.
State Agencies/Communications
Request to acknowledge receipt of Notice of Cancellation of Motion Hearing Before the Florida Public Service Commission to All Interested Persons, Docket No. 980696-T.P., In Re: Determination of the Cost of Basic Local Telecommunications Service, Pursuant to Section 364.025, Florida Statutes, 3 p.m., Thursday, August 27, 1998, Room 152 - Betty Easley Conference Center, Tallahassee, Florida.
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission To Frontier Communications International, Inc. And All Other Interested Persons, Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates - Thursday, September 10, 1998, 10 a.m. (CDT), Escambia County Extension Service, Auditorium, 3720 Stefani Road, Cantonment, Florida.
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to Sprint-Florida, Incorporated and All Other Interested Persons, Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates -
Wednesday, September 9, 1998 Monday, September 21, 1998
City of Ft. Myers, City Hall Florida Public Service Commission
Council Chambers Betty Easley Conference Center
2200 2nd Street Hearing Room 148
Ft. Myers, Florida Tallahassee, Florida
Friday, September 25, 1998
Altamonte Springs City Hall
City Council Chambers
225 Newburyport Avenue
Altamonte Springs, Florida
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to Northeast Florida Telephone Company, Inc., and All Other Interested Persons, Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates, Tuesday, September 8, 1998, 12 p.m., Baker County Administration Building, Commission Chambers, 55 North 3rd Street, MacClenney, Florida.
Request to acknowledge Notice of Hearing Before the Florida Public Service Commission to Alltel Florida, Inc., and All Other Interested Persons, Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates, Tuesday, September 8, 1998, 10 a.m., Live Oak City Hall, Council Chambers, 101 S.E. White Avenue, Live Oak, Florida.
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to GTE Florida Incorporated and All Other Interested Persons, Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates -
September 10, 1998 September 23, 1998
Sarasota County Administration Center St. Petersburg Bayfront Hilton
Commission Chambers, 1st Floor The Whitted Room
1660 Ringling Boulevard 333 1st Street
Sarasota, Florida St. Petersburg, Florida
September 23, 1998
County Center, 6 p.m.
Hillsborough County Commission Chambers
601 E. Kennedy Boulevard
Tampa, Florida
Request to acknowledge receipt of Notice of Hearing Before the Florida Public Service Commission to GTC, Inc., and All Other Interested Persons, Re: Undocketed Special Project No. 980000A-SP, Fair and Reasonable Residential Basic Local Telecommunications Rates -
September 10, 1998 October 5, 1998
Laurel Hill High School Auditorium City of Port St. Joe Fire Station
8078 Fourth Street 404 Williams Avenue
Laurel Hill, Florida Port St. Joe, Florida
October 22, 1998
City Council Chambers
224 S. Jefferson Street
Perry, Florida
Request to acknowledge receipt of Notice of Commission Public Service Hearing Before the Florida Public Service Commission to Lockheed Martin IMS, Bellsouth Telecommunications, Inc., Sprint-Florida, Incorporated, Vista-United Telecommunications, MCI Telecommunications Corporation, McImetro Access Transmission Services, Inc., 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, Thursday, September 24, 1998, 2 p.m. and immediately following the 6 p.m. hearing in Undocketed Special Project 980000A-SP - Fair and Reasonable Residential Basic Local Telecommunications Rates, Orlando City Hall, City Council Chambers, 2nd Floor, 400 S. Orange Avenue, Orlando, Florida, and Friday, September 25, 1998, 4 p.m., Brevard County Governmental Center, Building C, Commission Room, 2725 Judge Fran Jamieson Way, Melbourne, Florida.
Request to acknowledge receipt of Notice of Motion Hearing Before the Florida Public Service Commission to All Interested Persons, Docket No. 980696-TP; In Re: Determination of the cost of basic local telecommunications service, Pursuant to Section 364.025, Florida Statutes. Notice is hereby given that a motion hearing will be held on August 27, 1998, at 3:00 p.m., Room 152, Betty Easley Conference Center, Tallahassee, FL.
Meetings/State Agencies
Request to acknowledge receipt of Southwest Florida Water Management District's Fiscal Year 1999 Board Meeting Calendar and map depicting the District's boundaries.
Municipalities/Resolutions
Request to acknowledge receipt of Town of Lady Lake Resolution renaming Rolling Acres Road.
Request to acknowledge receipt of City of Groveland Ordinance No. 98-97-08 and Ordinance No. 98-07-09, which were passed and adopted on July 20, 1998; and Ordinance No. 98-08-12 which was passed and adopted on August 3, 1998 by the City Council of Groveland, Lake County, Florida.
Request to acknowledge receipt of City of Leesburg Annexation Ordinance No. 98-41 and Ordinance No. 98-42, which were passed and adopted on August 24, 1998 by the City Commission of the City of Leesburg, Florida.
COUNTY MANAGER'S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the following requests:
Libraries/County Policies
Request for approval and execution of Lake County Library System Circulation and Registration Policy (revised), Intralibrary Loans Among Member Libraries (formerly Interlibrary Loans, revised), Use of Meeting Rooms in Lake County Library System Member Libraries (revised), and Interlibrary Loan Policy (proposed).
Affordable Housing
Request for approval for County Manager or designee to sign routine Affordable Housing documents that are time sensitive. Documents are limited to subordination agreements, satisfaction of mortgages, and mortgage modifications.
Contracts, Leases & Agreements
Request for approval and execution of Exhibition Loan Agreement between Lake County and Salvador Dali Museum, Inc. for "Dali on Tour Exhibit". This Agreement includes a liability insurance declaration of a minimum of $7,500.
Libraries
Request for approval to submit an application for Grolier National Library Week Grant the amount of $4,000.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Agreement between Lake County and the State Department of Health (Lake County Health Department) for Fiscal Year 1998/1999, in the amount of $405,484, stipulating the services that will be provided by the Lake County Health Department, the sources and amount of funds that will be committed to the provision of these services, and the administrative and programmatic requirements which will govern the use of these funds.
Contracts, Leases & Agreements
Request for approval and execution of Memorandum of Understanding between Lake County and Somerset on Lake Saunders for Somerset on Lake Saunders to act as a Special Needs Evacuation Facility for persons whose needs cannot be met in a public shelter.
Accounts Allowed/Resolutions/Libraries/Risk Management
Request for approval and execution of Resolution No. 1998-157 amending the Law Library fund in order to receive unanticipated revenue for Fiscal Year 1997/1998, in the amount of $5,500, from miscellaneous revenue; and Resolution No. 1998-158 amending the Employee Group Benefits Fund in order to receive unanticipated revenue, in the amount of $42,750.65, from non-active employee-retirees and non-active-COBRA participants for the purpose of paying insurance payment created by the increased number of participants.
Bonds - Mobile Home
Request for approval of cancellation of Mobile Home Bond for David and Faustina Golden.
Accounts Allowed/Contracts, Leases & Agreements
Request for approval and execution of Lease Agreement between Lake County and James L. Meadows relating to Store No. 1210 located at Sunnyside Plaza, Clermont, Florida, in the amount of $22,200, for the South Lake Annex.
County Employees/Personnel
Request for approval and execution of certificates for employees with one and three years of service.
Accounts Allowed/Bids/Road Projects
Request for approval to advertise for bids for CR-44/CR-473 Signalization Project No. 3-99, at an estimated cost of $25,000, from the Road Impact Fee Benefit District 3 Fund - Commissioner District 5.
Accounts Allowed/Bids/Road Projects
Request for approval to advertise for bids for CR-44A Resurfacing Project No. 4-99, at an estimated cost of $239,220, from the Transportation Trust Fund - Commissioner Districts 4 and 5.
Accounts Allowed/Bids/Road Projects
Request for approval to award CR-455 Widening and Resurfacing Project No. 8-89, Bid No. 98-116, to Superior Asphalt of Central Florida, Inc.; and to encumber and expend funds, in the amount of $655,711.41, from the Road Impact Fee Fund, Benefit District 5 - Commissioner District 2.
Resolutions/Roads-County & State
Request for approval and execution of Resolution No. 1998-159 accepting Freeman Drive (5-7882) and Louisa Road (5-7882A) into the County Road Maintenance System.
Accounts Allowed/Bids/Road Projects
Request for approval to award Lake Harris Shores Reconstructing and Resurfacing (Phase II), Project No. 7-98, Bid No. 98-115, to Gray Materials and Contracting; and to encumber and expend funds, in the amount of $196,380, from the Transportation Trust Fund - Commissioner District 3.
Resolutions/Roads-County & State/Signs
Request for approval of Resolution No. 1998-160 authorizing the posting of speed limit signs in the Lake Yale area on Quail Ridge Circle (5-6939), Bobwhite Boulevard (5-6939B), and Sandpiper Drive (5-7039).
Contracts, Leases & Agreements/Municipalities
Request for approval and execution of Local Mitigation Strategy (LMS) subcontracts for Astatula, Clermont, Groveland, Mascotte, Minneola, Montverde, Mount Dora, Umatilla, Tavares, Leesburg, Fruitland Park, Lady Lake, Eustis, and Howey-in-the-Hills.
Deeds/Rights-of-Way, Roads & Easements
Request for acceptance of Corrective Statutory Warranty Deed, Non-Exclusive Easement Deeds, Statutory Quitclaim Deed and Statutory Warranty Deeds, as follows:
Corrective Statutory Warranty Deed
Michael Rae Langley
Carter Island Road (2-1204)
Non-Exclusive Easement Deed
Bob L. & Lorene Leininger
CR 33 - Cross Access Easement
W. Don & Celestina Wynn
CR 33 - Cross Access Easement
Beckmann Enterprises, L.P.
U.S. 441 Cross Access Easement
Statutory Quitclaim Deed
Led Reeves Morehead II
Burrell Road (4-6460)
Statutory Warranty Deed
Bob L. & Lorene Leininger
C.R. 33
W. Don & Celestina Wynn
C.R. 33
R.K.M. Development Corporation
Crossen Road (3-4637B)
Charles George & Melissa Denise Hart
Empire Church Road (2-1213)
Barret R. Hoke
First Street (2-1368)
Nancy H. Fullerton
Lake Nellie Road (2-0542)
Roscoe L. & Willie Faye Coss
Laws Road (2-0528)
Ann Huffstetler Rou f/k/a Ann Wallace Huffstetler
Leotine Williams Road (5-6736)
Alan W. & Linda J. Bradley
Marion County Road (5-8010)
Raymond L. & Ethel C. Bloomquist
Pine Drive (4-3885)
Accounts Allowed/Contracts, Leases & Agreements/Constitutional Officers
Request for approval for Lake County to exercise the option to renew the lease agreement with James L. Meadows for the Clermont Tag Agency at 1208 Bowman Street, Clermont; and revise the lease term to encompass the period from October 1, 1998 to March 31, 1999. Rent would remain the same ($1,000 per month) for the six-month period. The Clermont Tag Agency would then relocate effective April 1, 1998. Funds will be from the General Fund, Constitutional Officers, Tax Collector.
Request for approval for Lake County to exercise the option to renew the lease agreement with Astor-Astor Park Water Association, Inc. for the Building (unit 1), parking spaces and grounds located at 23939 S.R. 40, Astor, commencing October 1, 1998 and ending September 30, 1999 at the same rent ($525.00 per month). Funds will be from the General Fund, Constitutional Officer, Sheriff.
Accounts Allowed/Risk Management
Request for approval and execution of Worker's Compensation Settlement Agreement in the amount of $50,689.79.
Ordinances
Request for approval to advertise an Ordinance amending Lake County Code, Section 13-48, amending the membership requirements of the Lake County Tourist Development Council, providing for limitations on members terms and providing for quorum requirements.
PERSONAL APPEARANCES/PUBLIC HEARINGS
PERSONAL APPEARANCES
EMPLOYEE AWARDS
At this time, Commr. Swartz presented the following awards and plaques, as Ms. Gwen Benton, Personnel Office, provided information on each individual:
Presentation of Plaques to Employees with Five Years of Service
Richard Moody, Equipment Operator III, Solid Waste Management/WMFO Impact
Paula Blazer, Principal Planner, Growth Management Planning and Development
Gary Debo, Waste Management Facilities Director, Waste Management/WMFO
Presentation of Plaques to Employees with Ten Years of Service
Linda Gussler, Probation Officer, Community Services, Probation
Bruce Y. Bowers, Firefighter EMT, Fire and Emergency Services, Fire/Rescue (Not Present)
Presentation of Plaque to Retiring Employee
Sharla R. Vanscoyk, Staff Assistant, Public Works, Special Services - Twelve Years and Two Months (Not Present)
REPORTS
Mr. Don Post, Senior Director, Solid Waste Management Services, appeared before the Board and presented photographs illustrating the unique ways of using tire fibers that have been ground up through the Waste Tire Grant Fund program and discussed same. He stated that 32 tons of tire chips have been used for the Lake County Sheriff's Department Swat Training Course.
ADDENDUM NO. 1
PERSONAL APPEARANCES
PRESENTATIONS
RESOLUTIONS
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1998-155 proclaiming October 4, 1998 through October 10, 1998 as National 4-H Week.
Commr. Good presented Resolution No. 1998-155 to Delaney Kahn, Team Leadership Council President/District Council President; Michelle Treaster, Team Leadership Council Chaplin; and Melinda Hogan, Lake County 4-H Agent. He explained that the local community project this year for Lake County was "4-Her's Help the Hungry" and a county wide food drive will be conducted. At this time, Commr. Good displayed on the monitor the locations of food bins around the County, which will be located at Mt. Plymouth Grocery, Miller's Super Value (Umatilla), Cassia Baptist Church, Hometown Foods IGA (Tavares), Hometown Foods IGA (Clermont), Publix Supermarket (Hwy. 50 Clermont), Groveland Discount Grocery, Winn-Dixie Supermarkets (Tavares, Clermont, Okahumpka), Pak Mail of Mount Dora, and the Sorrento Grocery. He stated that donations from the food drive would be made to the Anthony House, Agape House, Leesburg Food Bank, and Clermont Neighborhood Center.
PRESENTATION
RESOLUTIONS
Commr. Hanson presented Proclamation No. 1998-133 proclaiming the Month of October 1998 as Invasive Nonnative Plant Eradication Awareness Month to Judy Smathers on behalf of the Lake County Invasive Plant Task Force, Mount Dora Friends of the Environment, Inc. and the citizens of Lake County.
ADDENDUM NO. 1
PRESENTATIONS
RESOLUTIONS
On a motion by Comr. Good, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1998-156 proclaiming October as Breast Cancer Awareness Month.
Commr. Good presented Resolution No. 1998-156 to Ms. Margaret Weaver, Sisters Alive Coordinator, on behalf of the American Cancer Society of Lake and Sumter Counties.
RESOLUTIONS
On a motion by Commr. Good, seconded by Commr. Cadwell and carried unanimously by a 5 - 0 vote, the Board approved Resolution No. 1998-154 proclaiming September 15, 1998 through October 15, 1998 as Hispanic Heritage Month.
Commr. Good presented Resolution No. 1998-154 to Ms. Beverly Robinson, Ms. Gabriella DelaSantos, President, Hispanic American Council; and Mr. Romeo Martinez, Hispanic Liaison for Lake County and Lake Sumter Community College. Commr. Good stated that Lake Sumter Community College would be sponsoring the Lake Sumter Community College Annual Mexican Festival on October 8, 1998 from 11:00 a.m. to 2:00 p.m.
Ms. Beverly Robinson expressed her appreciation on behalf of Dr. Robert Westrick and the faculty at Lake Sumter Community College for recognizing Cinco de Mayo as a national ethnic holiday and briefly discussed the Annual Mexican Festival. She stated that Martin Torres, the Mexican Consulate, would be attending the festival.
Mr. Robert Westrick appeared before the Board and noted that a Multi Cultural Showcase has been scheduled on January 22, 1999 at Lake Sumter Community College, and the showcase would be a musical extravaganza emphasizing the various cultural ethnic groups in the community.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board at this time.
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
LEGISLATIVE DELEGATION/REPORTS
Mr. Alvin Jackson, Chief Deputy Manager, appeared before the Board to present the following draft issues for the 1998 Legislative Packet for presentation to the Lake County Legislative Delegation:
Position: Continued Funding For Astor-Astor Park Community Wastewater Treatment Facility. - The Lake County Board of County Commissioners wishes to thank the Florida Legislature for its support and initial funding of the Astor-Astor Park Community Wastewater Treatment Facility during the Fiscal Year 1998 Legislative Session. $1,000,000 was appropriated toward the $18,000,000 Astor-Astor Park Community Wastewater Treatment Facility during the Fiscal Year 1998 Legislative session. The Lake County Board of County Commissioners wishes to request that the Legislative Delegation continue to secure sufficient financial assistance for the development of the regional "community" wastewater treatment facility. Appropriation Amount: The Lake County Board of County Commissioners is requesting an additional $4 to $8 million to support the Fiscal Year 1999 project scope, $4 to $8 million to support the Fiscal Year 2000 project scope, and $1 million to support the FY 2001 project scope.
Position : The Lake County Children's Commission requests that the Florida Legislature give the education and health of our children the first priority in the budget process. Funding for education should be enhanced but not at the expense of other services provided to children and families of Lake County. Appropriation Amount: As much as possible.
Position: The Lake County Children's Commission requests that the Florida Legislature improve funding equity in Lake County. The funds made available to Lake County are not correctly correlated to the rapidly growing population. Adequate funds must be provided to local communities to support state mandated programs. Appropriate Amount: As much as possible.
Position: The Lake County Children's Commission requests that the Florida Legislature provide financial incentives to counties to encourage the development of Children's Services Councils. Appropriate Amount: As much as possible.
Commr. Hanson discussed funding for Guardian Ad Litem and stated that there should be some communication with the Legislature on funding of the Guardian Ad Litem program. At this time, the Board directed staff to review the Florida Statutes pertaining to the Guardian Ad Litem program to determine if language could be added to indicate that the Legislature would properly fund the Guardian Ad Litem program.
Discussion occurred regarding the position that the Florida Legislature provide financial incentives to counties to encourage the development of Children's Services Councils. It was the decision of the Board to direct the Lake County Citizen's Commission for Children to review this position from the standpoint of realistic legislation and bring back their recommendations to the Board.
Position: State Aid To Libraries Operating Grant Funding. The Lake County Board of County Commissioners request that the Legislative Delegation support an appropriation for the State Aid to Libraries Grant program in the amount of $37 million. Appropriate Amount: The Lake County Board of County Commissioners is requesting an additional $6.3 million in State Aid appropriation for a total of $37 million. Fiscal Impact: The State Aid to Libraries Program appropriation for Fiscal Year 1998-1999 is $30.7 million. Based on State Library estimates, if the State Aid appropriation is increased to $37 million for Fiscal Year 1999-2000, the Lake County Library System will receive $240,567 or an increase of $36,984 over Fiscal Year 1998-1999. If the Fiscal Year 1999-2000 appropriation amount remains at $30.7 million, it is estimated that the grant for the Lake County Library System will decrease from $203,583 to $192,299, a decrease of $11,284.
Ms. Wendy R. Breeden, Library Services Manager, appeared before the Board and explained that the Library Board has not reviewed the State Aid to Libraries Operating Grant Funding position due to a timeliness issue. She noted that she was a member of the Florida Legislative Committee and stated that the above noted position was being proposed by the Florida Library Association.
Commr. Gerber stated that it has been the direction of the Board not to support, on the County level, those issues brought forward by staff that are supported or proposed by large associations.
Commr. Cadwell stated that the Board should pick those issues that are specific to Lake County, such as funding for the Astor-Astor Park Community Wastewater Treatment Facility.
Commr. Hanson suggested that the Board have a category addressing legislative issues supported by associations, and a category addressing issues that are specific to the needs of Lake County.
Position: The Lake County Board of County Commissioners requests the Legislative Delegation to support the attached proposed bills dealing with recovery of fees to support wireless E 9-1-1. The E 9-1-1 Coordinator's Committee assigned to this legislation has met with the Department of General Services/Information Technologies Program and the wireless industry to create this draft legislation. All parties are presently in agreement with the legislation.
Mr. Bruce Thorburn, Communications Systems Director, appeared before the Board and explained that the Board has been supporting this position since 1994 and that he has been working on this position since 1989. He explained that call volumes have increased and as much as forty (40%) percent of calls were wireless calls. He stated that it was decimating the funding from the wired line and that there was a break point anticipated between the year 2002 and 2004 when there would be as many wireless as wired phone lines in operation which would mean the funding for the E 9-1-1 system for Lake County would be fifty (50%) percent of what it should be. He stated that he served on the committee that met with the Senate Community Affairs Committee, Information Technology Program, and the industry to draft legislation. He explained that the drafted legislation was very similar to legislation that has been adopted in 26 states, and a total of 35 states have adopted legislation at this time. He stated that proposed Florida Statute 365.172 creates the Florida Wireless Emergency Communications Act, sets up the E 9-1-1 fee and extends it to the wireless customers, and establishes the Florida Wireless 911 Advisory Board that would hold in trust the paymenture of the monies to the wireless industry to enact the Federal Communications Commissions General Order, General Docket 94-102.
On a motion by Commr. Good, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved for the Chairman to draft a letter to the House Delegation asking for their sponsorship and/or support of legislation for the funding of Enhanced 9-1-1 calling from wireless customers as a companion bill to the proposed bill to initiate a funding mechanism.
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the following positions, with the exception of Position No. III, The Lake County Children's Commission request that the Florida Legislature provide financial incentives to counties to encourage the development of Children's Services Councils; and that staff bring back to the Board a division listing the categories that are specific to Lake County and those that are specific to statewide issues: Position - Continued Funding for Astor-Astor Park Community Wastewater Treatment Facility; Position - The Lake County Children's Commission requests that the Florida Legislature give the education and health of our children the first priority in the budget process; Position - The Lake County Children's Commission requests that the Florida Legislature improve funding equity in Lake County; and Position: The Lake County Board of County Commissioners request the Legislative Delegation to support the attached proposed bills dealing with recovery of fees to support wireless E 9-1-1.
Commr. Gerber brought up for discussion language that would clarify the annexation laws as they now exist as far as the contiguity language and suggested that the County Attorney look at said language, and schedule a workshop or task force to review the process and make it a more defined process.
Commr. Cadwell stated that a Florida Association of Counties and League of Cities Committee was addressing this issue, and that he would report back to the Board with a status report.
Commr. Good distributed a Notice of Public Hearing to be held on October 12, 1998 by the City of Leesburg regarding the adoption of the Evaluation and Appraisal Report (EAR) of the Leesburg Growth Management Plan that appeared in the Orlando Sentinel and discussed the map illustrating the areas that are within the city limits of the City of Leesburg affected by the EAR resolution. He stated that there were annexation issues that do need to be addressed and stated that Lake County was in an unique situation with fourteen municipalities and may be in the forefront bringing discussion to the Florida Association of Counties.
Commr. Swartz stated that he was not uncomfortable with the annexation law as it is; however, he has a problem with annexations that are unwise and/or are borderline illegal such as an annexation that takes place at the tip of a point. He stated that the Board must be very vigilante of these types of annexation and staff needs to review them from a planning perspective and determine if they are in a grey area or if they are provided for in the annexation statute. He further stated that the Board must attempt to find a way to communicate with the cities and work out urban service boundaries that are satisfactory to all parties. He stated that the process for opposition to annexations was to appear at the public hearings and make known the County's opposition.
Commr. Hanson requested that Commr. Cadwell bring back to the Board those items from the Lake County League of Cities' Legislative Packet that the Board should support so that those positions can be incorporated into the Board's Legislative Packet.
RESOLUTIONS/ROADS-COUNTY & STATE
Mr. Bruce Thorburn, Director of Communication Systems, appeared before the Board to present the request to rename Rex Road to Rolling Acres Road in the unincorporated area of Lake County and discussed same.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request for approval and execution of Resolution No. 1998-161 renaming Rex Road to Rolling Acres Road in the unincorporated area of Lake County.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COMMUNICATIONS
Mr. Bruce Thorburn, Director of Communication Systems, appeared before the Board to present the renewal of the Cable Television Franchise Agreement between Lake County and Florida Cable, Inc. He explained that, on August 4, 1998, the Board reviewed a proposed Franchise Agreement renewal document provided by Florida Cable, Inc. which mirrored the recently signed Comcast Agreement, and the Board requested that staff review the request for the twenty-five year renewal subject to impacts relevant to a small cable company. He stated that staff has reviewed this issue and determined that a flat renewal of the existing Agreement for ten years was a reasonable settlement for a company providing cable services with few complaints in the more rural parts of Lake County. He stated that, with technology changes coming about, open video system capabilities, cable modems, and digital compression, 80 to 100 or more channels over the existing plant structure may become available without upgrading to a fiber optic network.
COMMISSIONERS
At 10:15 a.m., Commr. Gerber left the meeting.
ACCOUNTS ALLOWED/CONTRACTS, LEASES & AGREEMENTS
COMMUNICATIONS (CONTINUED)
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 4 - 0 vote, the Board approved the request for approval to renew Cable Television Franchise Agreement between Lake County and Florida Cable, Inc., for a period of ten (10) years, in the amount of $16,000 annually; and authorization for Chairman to execute said agreement.
Commr Gerber was not present for the discussion or vote.
COMMISSIONERS
At 10:20 a.m., Commr. Gerber returned to the meeting.
ACCOUNTS ALLOWED/COUNTY PROPERTY
Mr. Doug Conway, Capital Improvements Manager, appeared before the Board to present the request for approval to modify the Five Year Capital Improvements Plan and Fund 301 for Fiscal Year 1998/1999 to include a new County lab to be located at the Astatula Landfill in the amount of $109,170.
Commr. Good made a motion, which was seconded by Commr. Cadwell, to approve the request for approval to modify the Five Year Capital Improvements Plan and Fund 301 for Fiscal Year 1998/1999 to include a new County lab to be located at the Astatula Landfill in the amount of $109,170.
Mr. Conway explained that the new County lab would be a free standing 1,700 square foot building to be located at the Astatula Landfill, and that the current 1,800 square foot facility would be vacant to be used by other departments, or Constitutional Officers, who need to utilize Tavares campus office space.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
PLANNING
Ms. Sharon Farrell, Senior Director, Department of Growth Management, appeared before the Board to present this request.
On a motion by Commr. Cadwell, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the request for approval to charge fifty (50%) percent of the Day Care Facility Transportation Impact Fee for Chris' Playhouse, Inc., in the City of Eustis, and to use interest accumulated via other transportation impact fees collected by the County for payment of the other fifty (50%) percent required via the adopted Fee Schedule.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Gerber, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the reappointment of George Wood, as an architect representative, to the vacant position on the Lake County Code Enforcement Board, with a term ending October 16, 2001.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
On a motion by Commr. Hanson, seconded by Commr. Good and carried unanimously by a 5 - 0 vote, the Board approved the appointment of Pat Lehotsky, as a representative of Hospice of Lake and Sumter, Inc., on the Comprehensive Health Care Committee to complete a term ending August 16, 2000.
APPOINTMENTS-RESIGNATIONS/COMMITTEES
Commr. Hanson made a motion, which was seconded by Commr. Cadwell, to approve the appointments of William Binneveld, Debbie Stivender, and Mary Jane Townsend to the Lake County Cultural Affairs Council.
Commr. Gerber suggested that Brandon Wald would make an excellent appointment to the Lake County Cultural Affairs Council.
At this time, Commr. Hanson withdrew her motion and Commr. Cadwell withdrew his second to the motion.
Ms. Robbie Hollenbeck, Department of Community Services, appeared before the Board and stated that there was a new vacancy on the Lake County Cultural Affairs Council which was currently being advertised. She stated that the three vacancies before the Board at this time have been vacant for a period of time based on the Council's intent to identify individuals that had not only an arts interest or an arts background but also had a strong business influence, which was part of the rationale for the recommendations before the Board at this time.
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the appointments of William Binneveld, Debbie Stivender and Mary Jane Townsend, with terms ending June 20, 2001; and the appointment of Brandon Wald, with a term ending June 20, 1999, to the Lake County Cultural Affairs Council.
REPORTS
COUNTY ATTORNEY
ACCOUNTS ALLOWED/COURTS
Commr. Good requested that consideration be given to a waiver of the Teen Court user fee, in the amount of $50, in the case of financial hardship and suggested that hardship cases could utilize the system by doing community service in lieu of paying a court user fee so that individuals who would benefit from the Teen Court Program would not be excluded from the program.
Mr. Sandy Minkoff, County Attorney, stated that a provision could be added to the proposed Ordinance imposing a Teen Court user fee to allow the judge handling the case to waive the court fees in hardship cases.
On a motion by Commr. Gerber, seconded by Commr. Hanson and carried unanimously by a 5 - 0 vote, the Board approved the request to advertise an Ordinance imposing a Teen Court fee, in the amount of $50, to be paid by the party or parties instituting any proceeding in Teen Court, providing that such funds shall be collected by the Clerk of the Circuit Court and shall be used exclusively to operate and administer the County's Teen Court Program, as amended to include a provision for waiver of court fee in the case of hardship.
ADDENDUM NO 1
COUNTY MANAGER'S DEPARTMENTAL BUSINESS
FISCAL AND ADMINISTRATIVE SERVICES/BUDGETS
On a motion by Commr. Hanson, seconded by Commr. Gerber and carried unanimously by a 5 - 0 vote, the Board approved the following budget adjustments for Fiscal Year 1997/1998 from the Department of Fiscal and Administrative Services:
Transfers
Department: Tourism
To: Capital Outlay $13,760
From: Contingency/Reserve $13,760
Transfer #: 98-403
Justification: Final payment of software for collection of Tourist Development Taxes.
REPORTS
COMMISSIONER GOOD - DISTRICT NO. 2
RESOLUTIONS
Commr. Good made a motion, which was seconded by Commr. Gerber, to approve and execute Resolution No. 1998-162 supporting the State-Wide Clean Air Task Force.
Commr. Gerber requested a change in paragraph 6 changing the word "desperately" to urgently needed.
Commr. Good amended his motion to include the above noted change.
The Chairman called for a vote on the motion, which carried unanimously by a 5 - 0 vote.
WATER QUALITY
Commr. Good reported that work was continuing on the Water Conservation 2000 Symposium and asked for the continuing support of the Board in that effort.
COMMISSIONER HANSON - DISTRICT NO. 4
FIRE PROTECTION
Commr. Hanson expressed concern that there were several cemeteries that were up for tax sale and some of the cemeteries were being assessed for fire because they may have been private and vacant land. She requested that staff review this issue.
Mr. Sandy Minkoff, County Attorney, explained that the cemeteries that were in the tax deed process were for taxes that were from previous years and, under the new system, they would not be assessed because they are vacant land. He stated that the assessment was legal and done correctly when it was assessed. He stated that, ultimately, it may be a better circumstance because the County will ultimately get title to the land and the cemeteries would become publicly owned cemeteries.
ADDENDUM NO. 1
REPORTS (CONTINUED)
STATE AGENCIES
Commr. Swartz informed the Board that he has received a letter from Henry Dean, Executive Director, St. Johns Water Management District, dated September 9, 1998, requesting that the Board reconsider the request to fund the Agreement to Provide for a Comprehensive Surface Water Study of the Lake Lowery Region, and the Board's position with regard to said study and to Polk County. He stated that he has included in the backup a letter from the Lake County Water Authority, dated September 24, 1998, which outlines the Water Authority's response, and noted that a letter to Henry Dean from Jeffrey Spence, Director, Public Works Department, Polk County, had been distributed prior to the discussion this date. He stated that the response from the Lake County Water Authority was the most prudent response for the Board to follow.
Commr. Good stated that he had previously suggested that Polk County identify sources of funding or present evidence that they are in the process of obtaining funding or attempting to obtain funding to actually do the purchase and buy out of flood prone homes or structures within the Lake Lowery flood plain before Lake County signs to do the Comprehensive Surface Water Study of the Lake Lowery Region. He addressed the letter from Henry Dean and stated that there was not a short term solution to this problem and that the real answer was a long term buy out. He suggested that the Board include in the Water Authority position that Polk County identify sources of funding to actually do the purchase and buy out of flood prone homes or structures within the Lake Lowery flood plain.
Discussion occurred regarding the issue of requesting that Polk County identify a funding source . It was the direction of the Board for the Chairman to respond to the letter from Henry Dean, Executive Director, St. Johns River Water Management District, in regard to funding the Agreement to Provide for a Comprehensive Surface Water Study of the Lake Lowery Region and to use the response of the Lake County Water Authority as a basis to said response.
MEETINGS
Commr. Swartz noted that the ground breaking for the Bay Lake Fire Station has been scheduled on October 10, 1998, at 11:30 a.m..
Commr. Good noted that there was a ribbon cutting for the Plantation-At-Leesburg Fire Station on October 10, 1998 at 2:00 p.m., and a dedication of the Veterans Memorial at 9:30 a.m. at Plantation-At-Leesburg.
Commr. Swartz noted that the State of the County has been schedule on October 22, 1998.
Commr. Cadwell noted that he would be representing the Board at a seminar sponsored by the Department of Growth Management for electricians and electrical inspectors. He stated that funds from the seminar would go to Habitat for Humanity.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:50 p.m.
__________________________________ G. RICHARD SWARTZ, JR.,CHAIRMAN
ATTEST:
_________________________________
JAMES C. WATKINS, CLERK
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