A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

AUGUST 19, 2003

            The Lake County Board of County Commissioners met in regular session on Tuesday, August 19, 2003, 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: Welton G. Cadwell, Chairman; Debbie Stivender, Vice Chairman; Catherine C. Hanson; Jennifer Hill and Robert A. Pool. Others present were: William A. “Bill” Neron, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            AGENDA UPDATE

            Commr. Cadwell announced that there are two Addendums to the Agenda.

            Mr. Sandy Minkoff, County Attorney, requested that the Board set a date for a Closed Session to discuss ongoing litigation.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved to place said item on the Agenda under the County Attorney’s business.

            MINUTES

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Minutes of June 24, 2003, Regular Meeting, as presented.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 10, for the following requests: 

            Bonds - Contractor

            Request for approval of Contractor Bonds - New, Riders and Cancellations, as follows:

            New

            4750-04          Paul S. King/R.E.W. Services, Inc. (Electrical)

            4863-03          Campbell Limited Inc. d.b.a. Campbell Construction (Stuart Campbell)

            5821-04          Stephen A. Pirolli/Sparky Electrical Services (Electrical)

            5944-04          Tony Neese d.b.a. Neese Irrigation & Pump Service

            6029-04          Williams Hudgins/Honest Irrigation and Landscaping, Inc.

            6108-03          Haim Scwartz/Live Electric, Inc.

            6109-03          Brian D. Rossell/Central Florida Heating & Air Conditioning          (Electrical)

            6110-03          Carlos Alvarez d.b.a. Sun State Landscaping of N Florida, Inc.

            6111-03          Richard Jeffcoat d.b.a. Richard Jeffcoat Inc.

            6112-03          Rupert Nathoo d.b.a. Rupert Nathoo Plumbing

            6113-03          Byron Nevills d.b.a. First Class Pools of Davenport

            6114-03          James Milow d.b.a. James Milow Irrigation

            6115-03          Larry Bailey, individual


            Riders

            5726-03          Change the name of the principal from Artistic Acrylic Concrete Coatings, Inc. to AACC, Inc.

            5883-03          Change the address of the principal, Greg Boisvert


            Cancellations

            1931-99          Tommy D. Tamsett

            4551-03          Brown Builders of Marion Co.

            5398-02          Edward Daniel Parker            

            

            List of Warrants


            Request to acknowledge receipt - 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.

 

            City of Tavares - Ordinance 2003-31

 

            Request to acknowledge receipt - Ordinance 2003-31 Amending the Boundaries of the City of Tavares by Annexing Approximately 2.72 Acres Located on Eastern Side of State Road 19 Approximately 300 Feet North of Lane Park Cut Off Road, as further described, pursuant to the voluntary annexation provisions of Section 171.044, Florida Statues, passed and Ordained the 2nd day of July 2003, by the City Council of the City of Tavares, Florida.

 

            Lands Available List

 

            Request for approval - Property placed on the Lands Available List

 

            City of Umatilla - Financial Statement

 

            Request to acknowledge receipt - Financial Statements and Independent Auditor’s Report for the City of Umatilla, Florida, dated September 30, 2002.

 

            Southwest Florida Water Management District - Agenda

 

            Request to acknowledge receipt - Agenda - Governing Board Meeting, July 29 and 30, 2003 - Southwest Florida Water Management District - 2379 Broad Street, Brooksville, FL 34604-6899

 

            Southwest Florida Water Management District - Approved Minutes

 

            Request to acknowledge receipt - Approved Minutes of the Governing Board of the Southwest Florida Water Management District, Brooksville, FL - May 27, 2003. Approved Minutes of the Governing Board of the Southwest Florida Water Management District, Brooksville, FL - May 28, 2003

 

            City of Eustis - Ordinance #03-47, #03-49, #03-52 and #03-54

 

            Request to acknowledge receipt - City of Eustis Annexation Ordinance #03-47 which was adopted by the Eustis City Commission on June 5, 2003, with an immediate effective date; and

City of Eustis annexation Ordinance #03-49, #03-52, and #03-54 which were adopted by the Eustis City Commission on May 15, 2003, with an immediate effective date.

 

            Southwest Florida Water Management District - Tentative Budget

 

            Request to acknowledge receipt - Southwest Florida Water Management District Tentative Budget Submission for Fiscal Year 2003-2004, as mandated by Section 373.536(5), Florida Statutes.

 

            St. Johns River Water Management District - Tentative Budget

 

            Request to acknowledge receipt - St. Johns River Water Management District Tentative Budget Submission for Fiscal Year 2003-2004, pursuant to Section 373.536, Florida Statutes.

 

            COUNTY MANAGER’S CONSENT AGENDA

            On a motion by Commr. Stivender , seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 21, and Addendum No. 2, as follows:

            Budget and Administrative Services - Budget

            Request for approval of Resolution 2003-131 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2002/2003 in the amount of $1,100.00 deposited into Donations and provide appropriations for the disbursement for Communications and Freight, Reprographics, Promotional Activities, Other Current Charges and Obligations, and Office Supplies for activities pertaining to the Tenth Annual Volunteer Recognition and Reception.


            Budget and Administrative Services - Procurement Services


            Request for approval and authorization of the sale of the three wheel loaders to Highland Tractor Company, Inc. at the guaranteed buy-back price of $105,000.00 each.


            Request for approval to declare the items on the attached Disposals List as “surplus” and authorize disposal; authorize donation of two items; and authorize the Procurement Services Director to sign the vehicle title for the automobile that will be disposed of.


            Community Services

 

            Request for approval of a minor amendment to the Federal Fiscal Year 2003 One Year Action Plan transferring funds from the project overrun contingency account to pay for an asbestos survey.


            Economic Development and Tourism


            Request for approval of an amendment to the Jobs Growth Investment Trust Fund Agreement between Lake County and Horizon Manufacturing, LLC to allow a 12-month extension to June 16, 2004 for the company to continue their expansion and job creation.


            Request for approval of Jobs Growth Investment Trust Fund award in the amount of $56,500.00 and an Impact Fee Deferral for BWC Truss, Inc.


            Request for approval of an Agreement between Lake County and Storage Unlimited, Inc. to defer the payment of impact fees from time of permit to time of Certificate of Occupancy for an 18,000 square foot flex space building on Camp Road in Mount Dora.


            Request for approval of the Agreement between Lake County, City of Leesburg, Lake County Water Authority, Leesburg Chamber of Commerce and B.A.S.S., LLC, subject to legal sign off, and the recommendation of the Tourist Development Council to fund $26,665.00 as part of the sponsorship fee for Bass Master Tournament on the Harris Chain of Lakes in Leesburg, January 26 through February 1, 2004 for the Agreement between Lake County, City of Leesburg.


            Public Safety


            Request for approval and execution of Agreement for the Hazards Analysis Grant administered by the Department of Community Affairs, Division of Emergency Management, for a fixed amount of $15,225.00.


            Request for approval and execution of a Resolution 2003-132 to add West to Apshawa Road (2-2035).


            Public Works


            Request for approval and authorization to accept the final plat for Great Blue Heron Estates, all areas dedicated to the public as shown on the Great Blue Heron Estates plat; a Surety Bond for Maintenance in the amount of $20,746.00; and execute a Developer’s Agreement for Maintenance of Improvements between Lake County and JASU, Inc.; and Resolution 2002-133 accepting Great Blue Heron Drive (County Road Number 2015) into the County road maintenance system. Subdivision consists of 55 lots - Commission District 2.


            Request for approval to accept two Statutory Quitclaim Deeds; ten Statutory Warranty Deeds; two Non-Exclusive Easement Deeds; three Temporary Non-Exclusive Easement Deeds and Perpetual Grading Easements; one Drainage Easement and one Corrective Drainage Easement as follows:


            Statutory Quitclaim Deeds

            Blue Sink Groves, Inc., Turkey Lake Rd., RD#2924, OR Book 2341, Page 2091

            Anita and Robert Humason, Thoroughbred Trail, OR Book 2360, Page 0742


            Statutory Warranty Deeds

            Lawrence J. & Wendy S. Zermeno, Libby Road West, RD#2130,

            OR Book 2339, Page 1475

            Clermont Bible Church, Inc., Johns Lake Road, RD#1158, OR Book 2339, Page 1471

            Raymond F. & Alice K. Grimes, N. Buckhill Rd., RD#2739, OR Book 2363, Page 0837

            Poole Farms, L.C., N. Buckhill Rd., RD#2739, OR Book 2355, Page 2257

            Dewitt Enterprises, Inc., Hook Street, RD#1346, OR Book 2360, Page 0706

            Dewitt Enterprises, Inc., Citrus Tower Blvd., RD#1350, OR Book 2360, Page 0714

            Dewitt Enterprises, Inc., Citrus Tower Blvd., RD#1350, OR Book 2360, Page 0722

            Sunset Hill Groves, SR 46 @ Suneagle Int. OR Book 2361, Page 1164

            Surgisite, LLP, Oakley Seaver Blvd., OR Book 2350, Page 1166

            Michael Jamal Nesheiwat & Jamal Nesheiwat, Hook Street, RD#1346,

            OR Book 2331, Page 0649


            Non-Exclusive Easement Deeds

            Kenneth A. Weld, Jr. & Sandra M. Weld, Quail Hollow Rd. Ext.,

            OR Book 2333, Page 1507

            Secretary of Housing and Urban Development, South Blvd. & Central Ave.,

            OR Book 2369, Page 0963


            Temporary Non-Exclusive Easement Deeds and Perpetual Grading Easements

            Dewitt Enterprises, Inc., Hook Street, RD#1346, OR Book 2360, Page 0710

            Dewitt Enterprises, Inc., Citrus Tower Blvd., RD#1350, OR Book 2360, Page 0718

            Dewitt Enterprises, Inc., Citrus Tower Blvd., RD#1350, OR Book 2360, Page 0726


            Drainage Easement

            Brittany Estates RO Assoc., Inc., OR Book 2363, Page 0831


            Corrective Drainage Easement

            Griffwood Co-Op, Inc., OR Book 2368, Page 1449


            Public Works (Continued)


            Request for approval and execution of a County Deed to the Florida Department of Transportation for right of way along and adjacent to State Road 44, located in the Sorrento area, at the intersection of Commission Districts 4 and 5.


            Request for approval and authorization to release a Letter of Credit for Performance in the amount of $165,450.00; accept a Maintenance Bond in the amount of $27,627.95; accept a Developer’s Agreement for Maintenance of Improvements between Lake County and the Siena Home Corporation; and execute Resolution 2003-134 accepting Foxglove Drive (Part) (County Road 1048A), Pinyon Drive (Part) (County Road 1046), Silver Leaf Circle (Part) (County Road 1047D) into the County Road maintenance system all relating to the Spring Valley Phase V. Subdivision consists of 55 lots - Commission District 2.


            Request for approval and authorization to accept the final plat for Silver Lake Meadows and all areas dedicated to the public as shown on the Silver Lake Meadows plat. Subdivision consists of 30 lots - Commission District 1.


            Request for approval and authorization to accept the final plat for Crestview Estates and all areas dedicated to the public as shown on the Crestview Estates plat. Subdivision consists of 18 lots - Commission District 1.


            Request for approval and authorization to execute change order #1 to the CR-48 (Lakeshore Drive) Phase I Drainage Improvements Project No. 2003-08 in the amount of $15,430.55 for additional project related items.


            Request for approval of Resolution 2003-135 to advertise Vacation Petition Number 1009 by Edward and Patricia Walther to vacate a lot line easement between Lot 8 and 9 as shown on the Plat of Royal Trails Unit 1, Block 121, located in Section 6, Township 18 South, Range 29 East in the Pine Lakes/Cassia area - Commission District 5.


            Request for approval to award #4909 Griffin Road (CR-44A) Sidewalk Construction Project No. 2003-12, Bid No. 03-120, to Superior Asphalt Company of Central Florida, Inc. in the amount of $204,339.00; encumber and expend funds in the amount of $166,000.00 that is to be funded by the Florida Department of Transportation through a Local Agency Program Agreement; and encumber and expend funds in the amount of $38,339.00 from the Infrastructure Sales Tax Renewal Fund - Commission District 1.


            ADDENDUM NO. 2

            COUNTY MANAGER’S CONSENT AGENDA (CONTINUED)

            Public Works


            Request for approval to award the City of Umatilla $10,000.00 from the Capital Improvement Program Grant, as recommended by the Parks & Recreation Citizen’s Advisory Board, for the purpose of restructuring the baseball field at South Umatilla Park into a multipurpose field with lighting.


            ADDENDUM NO. 1

            PRESENTATION - STATE ROAD 50 FUNDING - REP. RANDY JOHNSON

            Commr. Pool introduced The Honorable Randy Johnson, Florida House of Representatives, District 41, and Mr. Lewis Rotundo, a lobbyist, and commented that Rep. Johnson made, and kept, many pledges and promises about his district and has worked very hard on behalf of the citizens. He thanked Rep. Johnson for his hard work and his dedication to public service and for not forgetting the district when he went to Tallahassee. He stated that the investment in the West Orange/South Lake Transportation Task Force was well made.

            Rep. Randy Johnson stated that he will announce his candidacy for the State Senate in a few days as part of honoring past promises. He stated that he ran for Representative on the primary issue of improving quality of life which, in South Lake County, is about State Road 50 (SR 50). He presented a press release dated July 29, 2003, and a map of the phases of the SR 50 projects. (The press release and map are included in the backup material.) He pointed out that the widening of SR 50 from four lanes to six lanes involves 18 miles from U.S. Highway 27 (Highway 27) to Pine Hills Road in Orange County. Because the state was not keeping up with its obligation along SR 50, a team effort has evolved. He expressed his pride in the efforts of Commr. Pool and the people who live in West Orange County who realized that a regional approach was necessary in order to improve the corridor. Rep. Johnson stated that, after negotiations, Florida Department of Transportation Secretary Mike Snyder has agreed to make a $200 million improvement along SR 50, specifically the area of road between Highway 27 and Hancock Road. Funding has also been approved for the design of the overpass for SR 50 and Highway 27 which is a huge issue for the community. Rep. Johnson expressed appreciation of the hard work done by Mr. Jim Stivender, Public Works Director, and Mr. Lewis Rotundo. He announced that $11 million has been released immediately from funds as a result of an amendment that he passed one and one-half years ago. That amendment redirects $2.00 per day in car rental surcharge fees back to the districts in which the money was collected. He remarked that this district has 55% of the State’s car rental market and that $2.00 fee, approximately $12 to $15 million in today’s money, is now coming back to our district rather than going to Tallahassee. He stated that it has been a privilege and an honor to serve the Lake County Board of County Commissioners and he praised the Board’s participation in supporting regionalism.

            PERSONAL APPEARANCES

            EMPLOYEE AWARDS

            Presentation of Award to Employee with Thirty Years of Service

            Katherine A. McDonald, Administrative Services Manager, Public Works/Special Services


            Presentation of Award to Retiring Employee with Thirty Years of Service


            Katherine A. McDonald, Administrative Services Manager, Public Works/Special Services

            Mr. Mike Milanowski, Human Resources Director, announced that today’s presentation is a celebration of Ms. Kathy McDonald’s attainment of thirty years of service with Lake County, as well as her retirement with thirty years of service.

            Commr. Stivender congratulated Ms. McDonald and commented that Ms. McDonald was her mentor when she became a County employee in 1974.

            PRESENTATION - MYREGION.ORG

            Mr. Jacob Stuart, President of myregion.org, stated that more than two years ago he appeared before the Board to ask for support. The purpose of myregion.org is to help make our region more competitive on the global stage and Mr. Stuart presented “The New Regional Agenda,” which is included in the backup material. He pointed out that Commr. Cadwell, a member of myregion.org’s 35-member Executive Committee, is Chairman of the East Central Florida Regional Planning Council. He expressed his appreciation to Commr. Cadwell for his service to myregion.org. He also recognized Ms. Pam Saylor, Superintendent of Lake County Schools, as an active member of the Executive Committee. He also recognized Mr. Randy Hunt, President and CEO of Seniors First, who lives in Lake County, and Mr. Bill Deese of the Leesburg Chamber of Commerce, who have served on the CEO Roundtable.

            Mr. Joel Hass, President and CEO of the American Red Cross of Central Florida, and the volunteer Chairman of Phase I of myregion.org, gave a PowerPoint presentation of the final report of myregion.org Phase I, which is included in the backup material. The presentation, a framework and guide to lead the region into the future, included the following topics:

          7 Counties - Brevard, Lake, Orange, Osceola, Polk, Seminole and Volusia

          16 Funding Partners

          Scope

          Purpose

          13 Essential Activities (Systems)


            Mr. Stuart stated that Phase II will be wide open for dialogue within the seven counties. He continued the presentation with the following topics:

          Accomplishments

          Unprecedented Meetings with Leaders from Water Management Districts, Transportation and Healthcare Executives and Regional Developers

          Four Corners Area Representatives

          Model for Other Regions

          SourceBook - Central Florida’s Owner Manual

          Regional Priorities - Quality of Life; Economic Leadership; Environment; Education; Smart, Quality Growth; Fragmented Region (85 Cities, 500 Elected Officials) (see SourceBook Pages 9-21)

          Regional Resolves (see SourceBook Pages 22-23)


            Mr. Randy Lyon, Phase II Chairman of myregion.org and CEO of the Ginn Development Company, stated that the next step is implementation of the plan. Phase II’s organization and structure were put into place prior to the completion of Phase I. The leadership team includes Vice Chairs Mr. Joel Hass, Ms. Linda Chapin and Mr. Ed Timberlake. He stated that the results of a feasibility study will be presented at a meeting on September 19, 2003, and will offer the community’s perception of the SourceBook and the Phase I work of myregion.org. This study will help guide in the structure of Phase II. He opined that the three million people of this region have a phenomenal future ahead and myregion.org wants to make that a future of choice, not a future of chance.

            Mr. Stuart pointed out that Page 8 of the SourceBook presents a new, visual language for the 21st century, and shows a metro center with four equally important areas that surround it. He explained that more information is available at www.orlando.org. He remarked that Lake County has invested time and money in this project in order to gain a competitive advantage on the global stage. Neither counties, states nor cities will lead in the economic changes because regions will be the new building blocks of the 21st century.

            Mr. Stuart, Mr. Hass and Mr. Lyon presented a framed map, depicting the regional metro areas, to Commr. Cadwell in recognition of his support of myregion.org.

            Mr. Stuart stated that the region cannot go into the future without Lake County. He remarked that he would like to be invited back to present the details of Phase II of myregion.org.

            Commr. Cadwell commented that there was no preset goal for myregion.org and that the project evolved. He stated that Lake County has to be involved and pointed to the example of the cooperation of Lake and Orange Counties on the State Road 50 construction. He declared that Lake County is committed and looks forward to being part of the process.

            PRESENTATION - RAINFALL AMOUNTS AND ASSOCIATED ISSUES

            Mr. Jim Stivender, Public Works Director, gave a brief presentation on Lake County’s rainfall amounts and associated issues such as flooding, potholes, muddy roads, high grass and mosquitoes. He stated that Lake County has had a substantial amount of rain this summer and that the Green Swamp is cresting and the rivers are full flowing. Some isolated lakes south of Clermont are being pumped. He noted that the County had above average rainfall January through July 2003. In areas where there are problems, those problems are being addressed and resolved. County employees are working overtime hours to resolve the rainfall-associated problems.

            CITIZEN QUESTION AND COMMENT PERIOD

            Jim Franklin

            Mr. Jim Franklin of Fruitland Park referred to today’s Agenda and inquired about the acquisition of environmentally sensitive lands. He opined that the acquisition of private land and removal of that land from the tax rolls, while raising the millage rates for the Lake County Water Authority in order to acquire the land, does not make sense.

             Regarding an increase in the fire/rescue fees, Mr. Franklin stated that the County should not subsidize fees for private schools and churches.

            In response to an inquiry by Mr. Franklin regarding the fees, Commr. Cadwell explained that the fire/rescue fee for residential properties is a flat rate and a different rate for business and industrial properties.

            Roy Hunter

            Mr. Roy Hunter of Paisley expressed his opposition to raising the fire/rescue fees. He opined that the Board should not threaten to lay off employees and close fire stations unless the fees are increased. He suggested that paid union firemen should work daytime shifts only, while volunteer firefighters should work nighttime shifts. He stated that money could be saved by this action, thereby saving jobs and keeping stations open. He stated that better fire protection can pay for itself. He stated that if the County would install fire hydrants, deep wells and dry wells throughout rural Lake County the ISO rating would be lowered from nine to seven. That lower ISO rating would lower costs to homeowners. Mr. Hunter praised the work of the Lake-Sumter EMS and asked that the fire department be patterned after that group. He requested a meeting with the County Manager, the Fire Department and all the Commissioners, individually, to discuss the proposed rate increase for the fire/rescue fees.

            Mr. Hunter related that the taxpayers of Lake County are poor and in need of assistance, such as the newly begun food bank in Altoona. He commented that another increase of $37.00 would buy a lot of groceries. He made note of the taxes which were collected last year in the County’s six millage rate taxing districts. He commented that northeast Lake County, District 6, paid more than Districts 4 and 5 combined last year. He remarked that District 6 receives less service and is being punished because it is a low density area. He stated that fire stations in Lake Mack and Shockley Heights have been closed for a long time. He opined that building a fire station in Astor was a mistake and that the money could have been used to keep other stations open and to prevent layoffs.

            Richard Gander

            Mr. Richard Gander, speaking on behalf of the 448 Community Club which includes Venetian Village, Shirley Shores, Old Mill Run, Lake Jem and Squirrel Point, requested fire protection for his area of approximately 500 homes. He stated that parts of his community are 20 miles from the nearest professionally staffed fire station and that response time to his area is totally unacceptable. He expressed a need for an increase in the fire/rescue fees.

            Jimmie Hixon

            Ms. Jimmie Hixon, President of the 448 Community Club, complained that residents are being undertaxed. She requested a fire/rescue fee increase of $37.00 annually in order to provide service to her area.

            Ms. Hixson stated that she had 75 inches of rain at her house last year. She expressed appreciation for the frequent mosquito spraying.

            Jim Franklin (Continued)

            Mr. Franklin readdressed the Board and commented that he has no objection to raising the fire/rescue fees but reiterated that fees for private schools and churches should not be subsidized by the County.

            Kathy Carter

            Ms. Kathy Carter, a former bus driver for Lake County Transit representing employees and bus riders, related recent incidences regarding a particular bus driver and the overall poor level of service which is provided by Lake County Transit. She stated that some bus riders refuse to ride the bus when a particular driver is on duty, but the riders, according to a contact person at Lake County Transit, have no choice of an alternate driver. She remarked that complaints cannot be made because Lake County Transit’s telephone line is busy much of the time. She elaborated by stating that the air conditioner does not work on many of the buses, especially those used to transport clients of Sunrise ARC and the elderly.

            Commr. Cadwell asked that Ms. Carter meet with the staff person who is the liaison for Lake County Transit.

            Ms. Carter requested that the Board reconsider and rescind the motion to renew the bus contract with Lake County Transit and that the County Manager be given more time to rebid the contract.

            Commr. Pool commented that he is the Chairperson of Lake County’s Transportation Disadvantaged Coordinating Board. He stated that he attended that Committee’s meeting on August 18, 2003, and no members of the public were present to express complaints. He stated that this district has the fewest number of complaints of surrounding districts.

            Mr. Fletcher Smith, Community Services Director, confirmed that, comparatively speaking, Lake County has a below average number of complaints when compared to some surrounding counties. He stated that he is aware that Lake Transit’s telephone line is busy often when riders call because of the volume of calls, but commented that he was unaware of the air-conditioning problem and the concerns of a particular driver. He stated that he will research the complaints.

            Ms. Carter remarked that she called a state employee in Tallahassee to complain and was referred to the Commissioners. She has also complained to officials at Lake County Transit.

            Margaret Stucky

            Ms. Margaret Stucky, a Lake County senior, expressed her appreciation for the opportunity to ride the bus to a meal site, however, she stated that she has complained several times about the unsafe driving of a particular Lake County Transit driver.

            RECESS AND RECONVENE

            At 10:30 a.m., Commr. Cadwell announced that the Board would take a 15 minute recess.

            PUBLIC HEARING

            ROAD IMPACT FEE TRANSPORTATION CONSTRUCTION PROGRAM

            FISCAL YEAR 2004 THROUGH 2008

            Mr. Jim Stivender, Public Works Director, presented, for Board approval, the proposed Road Impact Fee Transportation Construction Program for Fiscal Year 2004 through 2008. (The 26-page report is included in the backup material.) He remarked that the Road Impact Fee Program has been in existence since 1985. It is divided into six benefit districts and the money collected in each district is spent in that district. Some of the proposed projects in Districts 1-6 include the following: CR 42,CR 19-A, CR 44A, Old US 441 through downtown Tavares, Britt Road right-of-way acquisition, North Buckhill Road, Woodlea Road, CR 44B and SR 44 from Leesburg to Eustis, CR 25 Phase II, CR 25A/Dixie Avenue in Fruitland Park, SR 44 and Sleepy Hollow Road, CR 466, East Main Street in Leesburg, Radio Road, Bridges Road, North Buckhill Road, Turkey Lake Road, CR 455 Extension (Hartle Road), Citrus Tower Boulevard, Hartwood Marsh Road, Hook Street Extension and Phase II, Johns Lake Road, Lakeshore Drive, Oakley Seaver Boulevard, Steve Road, CR 565A at SR 50.

            Mr. Stivender then made note of the unfunded projects listed on Pages 19-26 of the report and stated that a lot of work is ahead on this program. He requested approval to move forward with the construction program.

            Commr. Cadwell commented that there are long-range plans by the Florida Department of Transportation (FDOT) to four-lane the northern section of SR 19 in the Umatilla/Altoona/Paisley area but remarked that the intersection of CR 450 and SR 19 needs a traffic signal now.

            Mr. Stivender confirmed that the four-lane project is being studied, but that traffic counts do not warrant a four-lane highway and the project is not high on FDOT’s list. He agreed that the traffic signal would be installed at CR 450/SR 19, regardless of the four-lane construction. Mr. Stivender stated that the south Clermont connector project is being actively pursued and meetings are being held almost weekly on various issues like stormwater retention, alignment or access.

             Commr. Cadwell opened the public hearing portion of the meeting and called for public comment. It was noted that no one wished to speak regarding the proposed 2004-2008 Road Impact Fee Transportation Construction Program. There being no public comment, the public hearing portion of the meeting was closed.

            On a motion by Commr. Stivender, seconded by Commr Hanson and carried unanimously, by a 5-0 vote, the Board approved the Road Impact Fee Transportation Construction Program for Fiscal Year 2004 through 2008.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            PUBLIC WORKS - FDOT FIVE-YEAR WORK PROGRAM

            Mr. Jim Stivender, Public Works Director, presented, for Board approval, the prioritization of projects for Lake County from the Florida Department of Transportation (FDOT) Five-Year Work Program for Fiscal Years 2004/2005 through 2008/2009. (The Projects Priority List is included in the backup material.) He stated that this list represents Lake County as a whole as an MPO (Metropolitan Planning Organization) liaison to the FDOT. In future years, there probably will be a group of thirteen members, cities and counties, working to compile the prioritization list. He referred to Page 4 of the presentation which lists current projects that have been approved and Page 6 which lists projects which may be advanced to the right-of-way phase. Page 7 is a project list for safety funds and for traffic operations funds, most of which are state roads or areas that complement state roads.

            In response to an inquiry by Commr. Stivender, Mr. Stivender confirmed that resurfacing of SR 19 into Groveland is scheduled for the immediate future. He noted that resurfacing of US 27, south of Clermont, is also scheduled for the immediate future.

            Mr. Stivender commented that Page 8 addresses Enhancement Projects and other types of programs, such as the South Lake Trail, Bicycle Education, Fruitland Park Trail, Leesburg Trail, Tav-Lee Trail, CR 455 Scenic Byway and Clifford Avenue in Eustis. Under the Public Transportation Program, requests for capital for the buses for Transportation Disadvantaged, a countywide ridership study, park and ride lots and a mobility center are addressed.

            Commr. Cadwell explained that a percentage of dollars go toward that transportation program and cannot be used elsewhere.

            In response to an inquiry by Commr. Hanson regarding the coordination of SR 46's PD&E study (Project Development and Environmental) falling in line with the Wekiva study, Mr. Stivender explained that the PD&E study will begin in July 2004. Whatever comes out of the Wekiva session will have to be addressed as part of the PD&E. He noted that a preliminary study was done three to five years ago and some traffic numbers and projected growth numbers on SR 46 are available.

            Mr. David Marsh, Florida Department of Transportation, confirmed that a PLEMO (Planning Environmental Management Office) study was done that presented rough modeling and future projections and that study is available. He stated that, given the growth of the last three years, those numbers would probably be low and will be reforecast. He stated that the FDOT will be very careful to assure that the Wekiva River Basin Coordinating Committee’s process is integrated. Mr. Marsh stated that he will verify that the PLEMO study was presented to the Wekiva Basin Area Task Force.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the FDOT (Florida Department of Transportation) Five-Year Work Program for Fiscal Years 2004/05 through 2008/09.

            PUBLIC WORKS - FISCAL YEAR 2004-2008 INFRASTRUCTURE SALES TAX

            TRANSPORTATION CONSTRUCTION PROGRAM

            Mr. Jim Stivender, Public Works Director, presented, for Board approval, the proposed Fiscal Year 2004-2008 Infrastructure Sales Tax Transportation Construction Program. (The list of projects is included in the backup material.) He pointed out that Alco-Dexter Road is being completed and is on a separate funding source and Lakeshore Drive is under construction. The bids are in for the Lake County Judicial Center parking lot and a combination of sales tax and stormwater monies were used for improvements to Lake Nellie and Dwights Roads.

            Mr. Stivender stated that 65% of the 2004-2008 Infrastructure Sales Tax Transportation Construction Program covers whatever impact fees or gas tax could not fund, such as construction of roads, widening and resurfacing and clay to paved projects. Thirty percent is countywide resurfacing and 5% are sidewalks. He pointed out that the CR 439 project on Page 1 has two phases, with $500,000 budgeted for each year 2004-2007. This road would be built over a four-year period, based on revenue stream as it exists today.

            Commr. Cadwell stated that the construction on CR 439 is definitely needed and indicated that he would like a future discussion with the Board on ways to speed up that project, including discussion of lines of credit, bonds or other funding.

            Mr. Stivender continued his presentation of advancing some projects by mentioning FDOT’s agreement to address the north and south alignment of CR 437 as part of their corridor study, CR 445A in Astor, Lakeshore Drive toward Mount Dora, Dewey Robbins Road in south/central Lake County, Old 441/David Walker Road, Picciola Bridge, and Radio Road. He stated that funding is tight for the following projects which are still included in the program: Keene Road and Lake Minneola Trail to Orange County. He remarked that these projects involve approximately $18.5 million, however, revenue coming in for that same period of time is only $12.5 million. Therefore, some of these projects would drop off the program or be postponed in order to balance the budget. Mr. Stivender explained that 30% of the infrastructure sales tax revenue, $1.8 million for 21 months through 2004, will fund resurfacing projects. He pointed out that Pages 8-11 of the presentation involve the sidewalk program. He suggested that this list of projects should be prioritized in relation to the right-of-way acquisitions and drainage situations.

            Commr. Cadwell stated that the sidewalk project on CR 450A from Church Street to Marshall Street is direly needed.

            Commr. Stivender pointed out that the sidewalk project on Lane Park Cutoff is also necessary because of the school, the traffic light and the emergency vehicles.

            Mr. Stivender reiterated that the sidewalk projects should be prioritized. He added that Pages 12-14 include unfunded transportation improvements that could be added to the program if more funds were available.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Fiscal Year 2004-2008 Infrastructure Sales Tax Transportation Construction Program.

            PUBLIC WORKS - FISCAL YEAR 2004-2008 TRANSPORTATION TRUST FUND

            TRANSPORTATION CONSTRUCTION PROGRAM

            Mr. Jim Stivender, Public Works Director, presented, for Board approval, the proposed Fiscal Year 2004-2008 Transportation Trust Fund Transportation Construction Program. (The list of projects is included in the backup material.) He stated that this fund has dwindled down to matched State funds and special assessments. Most of this money, from gas taxes, has paid for operations and services for the Department of Public Works. Some LAP (Local Agency Program) agreements are under construction such as the work at the intersection of CR 44 and Grand Island Shores Road which is being paid initially by the County and will be reimbursed by FDOT funds. The project at CR 48 and Lakeshore Drive, a drainage project, is being funded out of this fund as well. The South Tav-Lee Trail will be shown on this program but reimbursed in later years. He also mentioned a LAP agreement for Griffin Road, and special assessments and rebidding for Jacaranda and Poinciana. He noted that Page 1 of the presentation shows Road System Improvements, which are estimated at $500,000 per year, mostly through the Maintenance Department. Three hundred thousand dollars have been allocated in special assessment programs and the associated issue of the loaning of the money must be addressed. The projects on Pages 2-3 will be reimbursed by the FDOT, probably in the years as indicated. Some projects had shared costs, such as CR 470, which allowed prioritization and advancement of the project.

            In response to an inquiry by Commr. Hanson regarding the special assessment for Forest Drive in Pine Lakes, Mr. Stivender explained that this project is moving forward and is currently in the design phase because of challenges with road alignments, wetlands and lakes.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Fiscal Year 2004-2008 Transportation Trust Fund Transportation Construction Program.

            PUBLIC WORKS - COUNTYWIDE RESURFACING PROJECT

            Mr. Jim Stivender, Public Works Director, presented, for Board approval, the request to advertise for bids for Countywide Resurfacing Project No. 2004-01 at an estimated cost of $1,832,375.00 from the Infrastructure Sales Tax (Renewal) Fund. (The list of projects is included in the backup material.) He stated that this is the largest resurfacing project done by Lake County and the detailed list is broken down by the five Commissioner Districts. He explained that all of the paved County roads were ranked by their condition on a scale of one to ten, one being the worst and ten being the best. Projects ranked as four are currently underway and next year those projects which are ranked as five will probably be addressed, as well as a continuation of the remaining four-ranked projects.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved the request to advertise for bids for Countywide Resurfacing Project No. 2004-01 at an estimated cost of $1,832,375.00 from the Infrastructure Sales Tax (Renewal) Fund.

            PUBLIC WORKS - FISCAL YEAR 2003-2004 INFRASTRUCTURE SALES TAX

            CAPITAL PROGRAM (FUND 301)

            Mr. Jim Stivender, Public Works Director, discussed the 2003-2004 Infrastructure Sales Tax Capital Program and made note of the projects which will close out Fund 301, the old sales tax. (The list of projects is included in the backup material.) He noted that these projects were discussed at the Board’s Financial Retreat which was held June 16, 2003. He stated that the list of projects is intended to close out the fund by the end of Fiscal Year 2004. The only significant project shift from the June 16 meeting was that the Fairgrounds project was moved to Fund 303. He made note of the following projects: elevators in the Administration Building; Agriculture Center; paving Alco Road and Dexter Road; rebidding of the chilled water lines across Sinclair Avenue; architectural services for Citrus Ridge Library; Emergency Operations Center/Public Safety Building; fingerprint machine for the jail; Information Technology fiber optics ring; improvements to the Judicial Center; the Judicial Center parking lot; Phase I (relocation of the computer room) of the Judicial Center third floor reconfiguration; site work for Groveland and Astor Libraries; lock upgrades for the jail; construction and site work for new Montverde Community Center; Pine Forest Park; Public Records Center parking lot; radio communication system; reroofs for Hunter Building, Judicial Center, Jail & Prelude and Sheriff’s Administration Building; solid waste management debt service; purchase of land for South Lake County Government Complex; Tavares Streetscape; telecommunication switch upgrades; various completed projects for multiple departments; and vehicle maintenance storage for the Sheriff’s Office. He remarked that it might be necessary later to eliminate some projects, include some projects in Fund 303, or find alternate funding sources for some projects.

            Commr. Stivender emphasized that the condition of the elevators in the Administration Building has become a safety issue. She requested that the elevators be upgraded as soon as possible.

            Mr. Stivender confirmed that the elevator upgrade will begin immediately.

            PUBLIC WORKS - FISCAL YEAR 2004-2008 INFRASTRUCTURE SALES TAX

            RENEWAL CAPITAL PROGRAM (FUND 303)

            Mr. Jim Stivender, Public Works Director, discussed the 2004-2008 Infrastructure Sales Tax Renewal Capital Program (Fund 303) and presented a summary of the projects which was proposed for the renewal sales tax during the Board’s Financial Retreat on June 16, 2003. (The list of projects is included in the backup material.) He reminded the Board that substantial cuts were made in the program in an effort to balance it. He remarked that the challenge was to take fifteen years of program and apply it to the first five years of the program. He mentioned the following projects: capital funding for personnel; construction of the new Citrus Ridge Library; repairs to Cooper Memorial Library; green space and environmentally sensitive land purchase; Fairgrounds/Expo Center; Sheriff’s Jail/Prelude modifications; Judicial Center parking garage (500 spaces rather than 1,000 spaces); Judicial Center expansion - central energy plant; Judicial Center expansion; new records’ storage facility on County-owned property; South Lake County Government Complex (new construction of a 19,720 square foot complex to house Building Services, Environmental Health, Clerk of Court, Property Appraiser, Tax Collector, Supervisor of Elections, Zoning, and Sheriff’s substation); Sheriff’s Office vehicles and equipment; and voting machines. Mr. Stivender pointed out that these projects total approximately $52 million while only approximately $19.3 million will be collected during this five-year period.

            Mr. Stivender expressed his appreciation to his staff for their hard work in compiling these estimates and stated that they did an excellent job on the presentations.

            WORKSESSION - BUDGET WORKSHOP

            Solid Waste Assessment

            Mr. Bill Neron, County Manager, began the four-part Budget Workshop by discussing the Proposed 2003-2004 Solid Waste Assessment and Once-Per-Week Solid Waste Collection. (The four-part Budget Workshop presentation is included in the backup material.) The Board approved to advertise a proposed $7.00 increase in the solid waste collection in the unincorporated area from $173.50 to $180.50, a 4% increase over the current rate. According to Mr. Neron, the majority of the Solid Waste budget involves the Covanta incinerator and the cost of the franchise collection haulers. He explained that both of those major contracts have cost-of-living increases that cannot be absorbed within the very tight Solid Waste budget proposed for next year. He mentioned that the Board, during the Financial Retreat on June 16, 2003, had asked if the $7.00 increase could be avoided by instituting a once-per-week countywide collection rather than collecting twice per week. He stated that staff met several times with the three franchise haulers and was able to negotiate a proposed reduction in the rate that would eliminate the one-time need for that increase. The proposal was not near the hoped for cost reduction considering the associated reduction in service. He stated that, after consideration, staff recommends that the Board approve the $7.00 increase in order to maintain the current level of service of twice-per-week collection in most of the unincorporated area of the County.

            Commr. Hanson agreed with Commr. Cadwell that saving the $7.00 in fees would not offset the reduction in the level of service that would occur by going to once-per-week collections. She expressed her appreciation to Mr. Neron for investigating the issue.

            Commr. Hill inquired about the status of any Lake County cities which may have agreed to participate in the County’s solid waste program.

            Mr. Neron explained that the proposed budget is not based on the full capacity of the incinerator due to the uncertainties of the Covanta plant. This budget is based on a capacity of 130,000 tons while last year’s budget was based on a capacity of 160,000 tons.

            Commr. Hanson stated that it has come to the attention of the Solid Waste Committee that some cities have contracted with the County for regular disposal, while some cities periodically bring solid waste to the facility and receive the same tipping fee rate. She suggested that the contracted cities should have an incentive to take all their solid waste to the facility.

            Mr. Neron commented that the budget is based on the worst case scenario and, hopefully, some of the litigation will be resolved by the beginning of the calendar year, possibly allowing better long-range planning.

            Commr. Hill inquired whether other counties could be solicited for their solid waste, specifically areas like Ocala and Marion County that have a problem with disposal.

            Mr. Neron remarked that Lake County’s current tipping fee of $45.00 per ton is very high and that other facilities’ rates might average $30.00 to $32.00 per ton. However, no rules would prohibit the County from being able to solicit solid waste from other cities or counties.

            Social/Human/Health Services Funding

            Mr. Fletcher Smith, Director of the Department of Community Services, stated that staff has prepared, at the request of the Board, a spreadsheet that tracks Social Services funding allocated by the County from 1998 through 2004. The spreadsheet includes the Summer Middle School Program funding and the Recreational Grant Program with the cities. Transportation Disadvantaged and Elder Affairs were added beginning in 2001 and the Community Centers were added in 2003. Mandated costs, such as for LifeStream and the Lake County Health Department, are included but Florida Statute does not target the amount to be contributed by the counties. Those two activities amount to approximately $1 million, while the other programs amount to just under $1 million.

            Discussion ensued regarding the possible end of some State matched dollars for LifeStream and a program that will be eliminated at the end of September if State money is not allocated.

            Commr. Cadwell pointed out that Lake County has been fiscally conservative in the past but as the population grows older there will be an even bigger demand for services. He opined that funding of these services should be considered by the Board.

            In response to an inquiry by Commr. Hill regarding the reduction in funding for Transportation Disadvantaged in 2004, Mr. Smith and Mr. Neron explained that there were cost overruns in 2002 and 2003 and additional dollars had to be allocated by the Board. Those costs are under better control for the 2004 budget.

            Additional discussion ensued regarding concerns that funding should not be reduced for Transportation Disadvantaged. Problems are being addressed such as the need for additional buses and drivers, safety issues and the condition of existing buses. Grants for buses have been, and are being, applied for but fleets should be in good condition in order to receive grants. Staff research is also being done to see if additional dollars are available through the Federal Transit Administration’s Section 5311 Program.

            Commr. Cadwell pointed out that the County is fortunate to have a lot of nonprofit agencies that provide a lot of social services for the County. An additional investment in those agencies will actually save the County money and should be viewed as a partnership.

            Mr. Smith pointed out that the current building of a cooperative effort between funding agencies will ensure that services are not being duplicated.

            In response to an inquiry by Commr. Cadwell regarding prescription medication dollars, Mr. Smith stated that those dollars are usually depleted in May or June of each year and those dollars do not include the CDBG (Community Development Block Grant) dollars. The Health Department has a $7.00 prescription filling fee that is put back into the fund.

            In response to an inquiry by Commr. Hanson regarding hardship applications for fire/rescue and solid waste fees, Mr. Smith stated that exemptions are based on income and family size, not assets. Records indicate that, of the 299 applicants last year, 95% were individuals who were at or below the federal poverty level and were existing on incomes from $600.00 to $850.00 per month. While some of those individuals, mostly seniors, may have expensive houses, they have limited monthly incomes.

            Commr. Hanson commented that, during the recent Florida Conference on Aging in Orlando, she learned that some counties have a Leadership Council for sustainable communities. Such an official council would represent all aspects of the community, including health care, children’s commission, elderly, and the schools, and would look at all issues and ways to leverage limited resources for the unlimited amount of community need.

            Mr. Smith related that a group of nineteen funders attended a meeting last week in Lake County and he plans to attend a foundation forum in Winter Park in an effort to learn how to better coordinate funding.

            Additional Funding Requests

            Mr. Bill Neron, County Manager, stated that, since the Board’s Financial Retreat on June 16, 2003, a general request has been received from the Florida National Guard soliciting funds or services for local armories.

            Commr. Cadwell pointed out that the County’s ambulance service has entered into an agreement to provide services, if needed, and that is a contribution by the County. He confirmed that the City of Leesburg and the City of Eustis help in some way.

            Mr. Sandy Minkoff, County Attorney, stated that the land is provided for $1 per year for the Woodlea Road center in Tavares.

            Commr. Cadwell stated that the Board will send a letter to the Florida National Guard advising of the County’s ambulance service contribution.

            Regarding a general request from GOALS (Greater Orlando Area Legal Services, Inc.), Ms. Sarah LaMarche, Director of Budget & Administrative Services, stated that State funding, typically $80,000 per year, ended July 1, 2003, because of provisions in Article V, Revision 7, of the State Constitution.

            In response to a request by Commr. Pool for the number of Lake County citizens who use the services of GOALS, Mr. Neron stated that staff would provide those numbers.

            In response to an inquiry by Commr. Pool, Mr. Minkoff stated that the County receives an annual report from GOALS because they have been funded by county ordinance in the past. The Article V bill defines GOALS as a local priority and must be funded but an amount was not specified. He related that many county attorneys throughout the State believe that provision of the legislation is probably not valid under the Constitution and it is an issue that is likely to be readdressed this year by the legislature. This program, like the Teen Court program and the Law Library, previously had been given, by the State, the ability to impose a filing fee for funding. That ability is no longer available.

            Commr. Cadwell opined that counties might lose some local programs that actually save money in the long run before the State Legislature understands what their responsibility is in regards to the court system.

            Mr. Minkoff continued his explanation by stating that the inability to collect filing fees will affect the four following major programs: Teen Court, Legal Aid, the court facilities’ fee, which is an impact on the general fund, and the Law Library.

            Commr. Cadwell stated that the Board should wait to approve additional funding for these types of programs until actions are taken by the State Legislature.

            Fire/Rescue Assessment

            Mr. Gary Kaiser, Interim Public Safety Director, gave a PowerPoint presentation (a copy of which is included in the backup material) entitled “Lake County Fire Rescue . . . A Brief on Funding & Service Level Options” in response to the Board’s request for ways to save money and the ramifications of not implementing additional fees. He stated that staff has tried to address a number of issues, figures, programs and different reports that have been shown by the Board. His presentation included the following topics:

          Background: How Did We Get Here? State Supreme Court rulings; previous unfunded program enhancements; response to unanticipated growth; new station openings; union agreement.

          Recent Developments - Revenue Loss For FY03/05 Caused By - Annexations which result in lost revenue and the immediate and long-term effect is unknown.

          What Are We Doing About The Problem - Several actions have been initiated to slow the financial descent and as the revenue base of fire/rescue MSBU continues to be reduced, the County will be unable to forestall a corresponding reduction in service level. Every effort will be made to find funding wherever it is available.

          Decision Package & Recommendations - (1) Adopt Level Of Service Standard (LOS) - LOS is crucial as it forms the basis of budgeting future planning performance measures to determine the future needs. Driven strictly by statistics of how the County performs or does not perform. (2) Adopt Minimum Staffing Level - per Florida Administrative Code (4A-62) - provides for a reciprocal level of service for municipalities. (3) Adopt Long Range Funding And Planning Strategy - a migration to ad valorem tax base. (4) Adopt Collaboration Goals With Other Jurisdictions - absolutely crucial. (5) Adopt Funding Level Rate (from Attachment A) To Support Desired Service Level - the $137.00 rate is required to support the currently approved programs for two years.

          Action Options - Moving Forward With County Services. (1) Adopt desired Level of Service and corresponding fee assessment. (2) Adopt minimum staffing level. (3) Adopt long range funding and planning strategy. (4) Adopt collaboration goals.

          Action Options - OR - (1) Abandon original Fire Rescue Plan by dividing the county into separate response areas and contracting for service with municipalities. (2) Contract with Lake-Sumter EMS to assume all county fire rescue services. (3) Solicit proposals from the private sector for providing all contracted services for unincorporated Lake County.

          Discussion - Does the county wish to meet the needs of its unincorporated citizens and maintain direct control of funding and service levels, or not?

          Closing Comment By The Interim Director - Do it right, do it safely or don’t do it at all. The County should reciprocate and share resources, capability and talent with all local governments. Mr. Kaiser recognized two audience members, Fire Chief John Jolliff of Mount Dora and Fire Chief Emory Kendrick from Tavares, as highly respected professionals.

          A Final Footnote - Why Collaborate? Joint fire station planning, locations, and resource sharing is tied into the reciprocal level of service and tied into adopting some standards that the Board can use to make quality budgeting decisions.


            Commr. Cadwell inquired about talks with the cities and stated that there are two issues. First, where will we go in the future and, second, what will we do now and how will we fund it. He opined that the Board should give staff direction today as to where the department should go. He referenced the chart in the backup material which shows the level of service choices with corresponding fees. He stated that talks with the cities may create something that can be put together quickly or one or two years from now. He remarked that, despite the tactics of some of the firemen in trying to influence the policy of the Board, he will not abandon efforts to grow the department into a first-rate department. He stated that he will support a fire/rescue fee of $137.00 in an effort to move forward.

            Commr. Hanson commented that the department has come a long way, having been a volunteer fire department just a few years ago. She agreed that collaboration is a must with participation by all parties. She stated that she is encouraged that the issue of ad valorem dollars for fire taxes, or a combination of fees and ad valorem, was brought forth. She opined that some assessment should be included because everyone should participate in the costs. She stated that she will support the $37.00 increase, out of necessity. She expressed the desire to have a five-year plan but recognized that is not possible until discussions with the municipalities are finalized.

            Commr. Cadwell confirmed that talks with the cities will take place but that the County cannot offer a dilapidated, underfunded department.

            Commr. Stivender agreed with Commr. Hanson that probably an ad valorem tax will be necessary. She stated that she will support the $137.00 fee, or even more if necessary.

            Commr. Hill stated that she would like to hear from the cities and that she is concerned that the cities may not have enough time to offer input before the County’s budget is finalized.

            Mr. Robert Moore, Tavares City Council Member and representative of the League of Cities, stated that it will be difficult for the cities to give the Board a complete package by the time a decision must be made on the fire/rescue assessment fee issue. He opined that an outline of a potential collaboration might be available within thirty days, provided County staff has time to devote to that endeavor. He stated that, while the cities have developed what they think they can contribute, numbers and assets would have to be evaluated.

            Commr. Cadwell remarked that, with the Board’s current direction and because there are a lot of issues, the time frame might not be critical. For example, there may be areas in the cities where the County can better serve them and that process should be well thought out.

            Commr. Hill reiterated that she wants to hear the cities’ concerns before making a commitment.

            Commr. Stivender referred to the Funding Levels spreadsheet and pointed out that the $137.00 fee would provide a two-year sustainable service level and would allow time to work properly with the cities.

            Mr. Kaiser advised the Board that the full funding level is necessary in order to support decisions that have been made to date.

            Commr. Hill expressed that approving the $137.00 fee might eliminate the incentive to work with the cities to improve the department.

            Commissioners Cadwell and Stivender and Mr. Kaiser interjected that the $137.00 fee is necessary to be able to negotiate with the cities.

            Commr. Pool commented that the full fee will allow the County to do its fair share in a cooperative effort. He stressed that enhancing response times and taking other measures to lower the ISO rating will result in savings far greater than the actual fee increases. He stated that he supports each step toward better response times, better staffing and better equipment in an effort to plan for lower ISO ratings. He also remarked that the community of Bay Lake has requested some full-time staffing in that vicinity in order to realize some return on the fees they pay.

            Mr. Kaiser responded that analyzing the entire budget and collaborating with cities might allow some staffing in that area, but stated that he cannot commit at this time even though others have made promises in the past. He stated that the County has a wonderful department with incredibly dedicated people who have done an unbelievable job with resources they do not have and he commended their efforts.

            OTHER BUSINESS

            DESIGNATE TERMS OF PUBLIC LAND ACQUISITION ADVISORY COUNCIL

            Commr. Cadwell stated that, although nine appointments were made to the Public Land Acquisition Advisory Council on August 5, 2003, the term dates of the appointments were not made.

            On a motion by Commr. Hanson, seconded by Commr. Stivender, and carried unanimously, by a 5-0 vote, the Board designated the first three appointees (Mr. Greg Gensheimer, Ms. Rosemarie Mulholland and Ms. Sanna Henderson) on the Lake County Public Land Acquisition Advisory Council list (as provided in the backup material) to serve three-year terms; the next three appointees on the list (Mr. Peter Kehde, Ms. Carol Johnson and Ms. Colleen Rotella) were designated to serve two-year terms; and the last three appointees on the list (Ms. Judy Smathers, Mr. Bernie Yokel and Ms. Nadine Foley) were designated to serve a one-year term.

            REPORTS - COUNTY ATTORNEY

            REQUEST FOR CLOSED SESSION

            Mr. Sandy Minkoff, County Attorney, requested that the Board schedule a Closed Session for an update on the ongoing Covanta Energy Corporation litigation.

            On a motion by Commr. Stivender, seconded by Commr. Hanson, and carried unanimously, by a 5-0 vote, the Board approved to schedule a Closed Session on Tuesday, August 26, 2003, at 11:00 a.m. for the purpose of updating the Board on the ongoing Covanta Energy Corporation litigation.

            REPORTS - COUNTY MANAGER

            GRANT WRITING SERVICES - REQUEST FOR PROPOSALS

            Mr. Bill Neron, County Manager, requested that the Board approve the draft for Request for Proposals (RFP) and authorize the County Manager to solicit proposals for Grant Writing Services. He mentioned that staff discussions have resulted in a request to lower some of the insurance requirements in the draft RFP because the requirements might make it prohibitive for some proposers to respond. He added that an organization of grant writers’ ethics suggests that grant writers’ compensation not be based on the dollar amount of the grants which are received. He stated that the proposals will be judged and brought back to the Board for approval at a later date.

            Commr. Hanson commented that grant writing is a must in order for Lake County to get its fair share of Federal and State dollars.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the draft Request for Proposals, with changes in lowering some insurance requirements, and authorized the County Manager to solicit proposals for Grant Writing Services which will be brought back to the Board for approval.

            REPORTS - COMMISSIONER HILL - DISTRICT #1

            CHILDREN’S BOUNDLESS PLAYGROUND

            Commr. Hill stated that she has had a citizen group request for a boundless playground for children, up to the age of twelve, with special needs, perhaps as part of the PEAR (Palatlakaha Environmental and Agricultural Reserve Advisory Committee) program. Consideration has been given to a few areas within the County’s park system, including Lake Idamere where there is an existing park playground. She stated that the citizen group is not requesting County funding for playground equipment, but rather is seeking to incorporate the playground within the Lake County area. The citizen group will conduct community fund-raising events to purchase equipment and desires a site of approximately one-half acre in size. She requested direction from the Board for staff to research incorporating such a playground into the County’s park system.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board placed said item on the Agenda.

            On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board directed staff to research incorporating a children’s boundless playground for special needs children on existing County park property.

            REPORTS - COMMISSIONER POOL - DISTRICT #2

            REMOVAL OF APPOINTEES - TRANSPORTATION DISADVANTAGED

            COORDINATING BOARD

            A motion was made by Commr. Pool and seconded by Commr. Hanson for Board removal of appointees, Ms. Mary Peay-Brown and Ms. Candace Birle, from the Transportation Disadvantaged Coordinating Board due to lack of attendance.

            Under discussion, Commr. Hanson recommended that future actions of this type be included on the meeting agenda under Departmental Business rather than being placed under the Commissioners’ Reports section.

            Chairman Cadwell called for a vote on the motion which was carried unanimously, by a 5-0 vote.

            BAY LAKE BAPTIST CHURCH - 114TH HOMECOMING

            Commr. Pool thanked the Bay Lake Baptist Church and Pastor Darrell Sheeley for the invitation to attend their 114th Homecoming. He congratulated the Church on their anniversary and noted the services they provide to the South Lake County area.

            BROWN’S FORD BRIDGE

            Commr. Pool requested that the Brown’s Ford Bridge, on State Road 19 at the Palatlakaha Creek, be designated by the Board as an historic site in order for the Brown Family to be able to erect a plaque on the bridge. There currently is a plaque at the boat launch but family members would like the plaque to be placed on the bridge itself.

            Discussion ensued regarding the proper procedure for placing a plaque on the bridge which is on a state road.

            The Board directed staff to research the issue.

            REPORTS - COMMISSIONER STIVENDER - DISTRICT #3

            CHILDREN’S FAIR

            Commr. Stivender thanked the departments for donating pencils and other items for the Children’s Fair she attended last weekend. She thanked Ms. Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office, for coordinating the donations.

            COMMUNITY BUILDINGS

            Because people who use the County’s community buildings are using hot plates and other items that could potentially be dangerous, Commr. Stivender requested that staff do further research on the possibility of installing and outfitting of some type of stove in community buildings.

            Mr. Neron stated that he has asked Mr. Fletcher Smith, Director of Community Services, to research this issue.

            SUMTER COUNTY LANDFILL ISSUE

            Commr. Stivender requested that staff research a proposed Conditional Use Permit (CUP) that is coming before the Sumter County Board of County Commissioners. The CUP is for construction of a private landfill on the Lake County-Sumter County line. The project will affect Mr. Clayton Pruitt, owner of 3500 acres in Lake County. Truck traffic generated by the landfill will directly impact Lake County Road 48 and Austin Merritt Road, also in Lake County, and will impact the volume of solid waste that is being taken to the Covanta incinerator.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board placed discussion of a zoning case in Sumter County on the Agenda.

            Commr. Stivender explained that on August 18, 2003, the Sumter County Planning and Zoning Commission postponed for two weeks a zoning case for a request for a Conditional Use Permit (CUP) for a private landfill on the Lake County-Sumter County line. She requested that staff, and possibly Chairman Cadwell, speak with the Chairman of the Sumter County Board of County Commissioners and request a further postponement so that Lake County could look at the impacts to Lake County.

            Discussion ensued regarding the location of the proposed landfill, whether or not the City of Leesburg is involved, not asking the City of Leesburg to speak on behalf of the Lake County Board, maintaining a good relationship with Sumter County, and Sumter County’s past refusal to provide a landfill site to meet the needs of Lake County.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board directed staff to research the Sumter County zoning issue regarding a private landfill on the Lake County-Sumter County line, in coordination with the City of Leesburg, and bring back a report to the Board on Tuesday, August 26, 2003.         

            REPORTS - COMMISSIONER CADWELL - CHAIRMAN & DISTRICT #5

            TOWN HALL MEETING BY U.S. SENATOR BILL NELSON

            Commr. Cadwell announced a Town Hall Meeting at 3:00 p.m., Thursday, August 28, 2003, in Courtroom 3, first floor of the Lake County Judicial Center, by U.S. Senator Bill Nelson.

            BOARD MEETING - SEPTEMBER 16, 2003

            Commr. Cadwell announced that Commr. Hanson will not be able to attend the September 16, 2003, Lake County Board of County Commissioners meeting because she will be attending the Wekiva River Basin Coordinating Committee meeting. Several key staff members will also be attending that Committee meeting.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board placed the September 16, 2003, meeting date on the Agenda.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board cancelled the September 16, 2003, Lake County Board of County Commissioners meeting.

            LAKE REGION PACKING ASSOCIATION

            Commr. Cadwell stated that he received a letter from Lake Region Packing Association, addressed to himself and Tavares Mayor Leo Vaughn, offering a 60-day, nonnegotiable, discounted price for that property. He reiterated the Board’s previous decision not to pursue the possibility of purchasing the property, but stated that the Board does desire to work with, and cooperate with, the City of Tavares regarding the City’s possible involvement.

            Ms. Dottie Keedy, Tavares City Administrator, stated that the issue will be addressed at the Tavares City Council meeting on August 20, 2003. Her recommendation to the Council will be to meet with any private entity and that she prefers that private interests be pursued. The City has a consultant who will help with changing the City’s Comprehensive Plan. She added that the consultant feels any use of the property should include some kind of public parking.

            Mr. Sandy Minkoff, County Attorney, stated that Mr. John Veldhuis, Executive Vice President of Lake Region Packing Association, offered to make their appraisal and site plan available to the County. Mr. Minkoff related that he indicated to Mr. Veldhuis that there would be no further County involvement unless directed by the Board.

            Ms. Keedy confirmed that the City has a copy of Lake Region’s appraisal.

            Commr. Stivender stated that, as the District Commissioner, she intends to be involved, and recommended that two County staff members, Mr. Jim Stivender and Mr. Greg Mihalic, who are both familiar with the issue, be designated to work with the City of Tavares’ staff.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board approved placing Lake Region Packing Association on the Agenda.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a 5-0 vote, the Board directed the County Manager to appoint two County staff members to work with the City of Tavares and to keep the County Manager and the Board informed about the Lake Region Packing Association property issue.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:55 p.m..

 

 

                                                                                    _________________________________

                                                                                    WELTON G. CADWELL, CHAIRMAN

ATTEST:



__________________________

JAMES C. WATKINS, CLERK