A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
DECEMBER 9, 2003
The Lake County Board of County Commissioners met in regular session on Tuesday, December 9, 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: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; and Robert A. Pool. Others present were: Sanford “Sandy” A. Minkoff, County Attorney; William “Bill” A. Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; Barbara L. Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Mr. Sandy Minkoff, County Attorney, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, pointed out that Addendum No. 1 was distributed to the Board.
Commr. Hanson stated that, under Commissioners’ reports, she would like to bring up the issue of roads in the northeast part of the County (SR429/Wekiva Parkway), for discussion, and it may take a vote from the Board.
Commr. Pool noted that he had been asked to give an update on the issue.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the item regarding SR429/Wekiva Parkway.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 3, as follows:
Contractor Bonds
Request to approve Contractor Bonds, as follows:
New
5754-04 Waldrop Enterprises, Inc. d.b.a. AAA Signs
5913-04 Robert C. Willey’s Irrigation & Landscape Company
6119-04 John Edward Hudson d.b.a. Creative Aluminum, Inc.
6145-04 Kelly S. Graham d.b.a. Affordable Gutters, Inc.
6146-04 Donald Jason Olive d.b.a. Olive Woodworking, Inc.
Riders
5824-04 Amending Principal’s name from J & R Plumbing Services Inc., to J & R Plumbing Services Inc./Eric R. Oliphant
5978-04 Changing Address of the Principal - Dennis Bronson d.b.a. Bronson’s Lawn Care
Reinstatement Notice
6000-03 Joseph D. Fannin, Jr. d.b.a. Southern Pride Services, Inc.
6075-03 Lee Ashley d.b.a. Certified Landscape Contractors, Inc.
Cancellations
5426-03 Richard A. Menard (Aluminum Contractor)
5701-03 Douglas Griffin (Roofing Contractor)
5990-03 Brian J. Shank d.b.a. Clermont Scapes, Inc.
List of Warrants
Request to acknowledge receipt of the 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.
Florida Public Service Commission
Request to acknowledge receipt from the Florida Public Service Commission - Notice of Commission Hearing and Prehearing to Verizon Florida, Inc.; Sprint-Florida, Inc.; Bellsouth Telecommunications, Inc.; Office of Public Counsel American Association of Retired Persons; and All Other Interested Persons. Docket Nos. 030867-TL, 030868-TL, 030869-TL, 030961-TI. Hearing Dec 10, 2003, (after the conclusion of the public service hearing at 9:30 a.m.) Room 148 Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida. Dec 11 and Dec 12, 2003 have also been reserved for continuation of the hearing if needed. Prehearing conference November 24, 2003, 9:30 a.m., Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Hill requested that Tab 8 regarding the annual membership dues to the West Orange South Lake Transportation Task Force be pulled for discussion.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 9, pulling Tab 8 for discussion, and Addendum No. 1, as follows:
Budget Transfer - Environmental Services
Request from Budget and Administrative Services for a budget transfer – Landfill Enterprise Fund, Department of Environmental Services, Fiscal Support Services Division, in the amount of $3,200.00 is requested. Transfer $3,200.00 from Reserve for Operations to Machinery & Equipment. The pickup truck was originally budgeted in Fiscal Year 2002-2003 at $14,500.00. Due to litigation and budgetary constraints, the vehicle was used for an additional period. A replacement vehicle is now required. The amount budgeted was not adjusted for current costs, so additional funds are needed to purchase the vehicle. Funds available in Reserve for Operations.
Satisfaction of Fine - CDW Properties, Inc.
Request from Growth Management for approval and execution of a Satisfaction and Release of Fine for property previously owned by CDW Properties, Inc. (CEB Number 2001-02-0035).
Agreement - City of Fruitland Park/Picciola Road
Request from Public Works for approval and execution of an Agreement with the City of Fruitland Park for portions of Picciola Road #5710 and Picciola Cutoff #5509 where adjacent to the City Limits.
Easements and Deeds
Request from Public Works for approval to accept one Drainage Easement, five Non-Exclusive Easement Deeds, four Statutory Quitclaim Deeds, three Statutory Warranty Deeds, and one Temporary Non-Exclusive Easement Deed, as follows:
Drainage Easement
Clarmart Ltd. Partnership - Roads to public - OR 2445 PG 1089 - To Make Public
Non-Exclusive Easement Deed
Blackwater Creek Enterprises, LLC - Eustis Sand Co. Rd. - OR 2450 PG 2286 - Donation VP#1010
Neubauer, Peter - Eustis Sand Co. Rd. - 6585 - OR 2450 PG 2282 - Donation VP#1010
Hart, Robert A. - Eustis Sand Co. Rd. - 6585 - OR 2450 PG 2266 - Donation VP#1010
Bergstresser, Thomas - Eustis Sand Co. Rd. - 6585 - OR 2450 PG 2274 - Donation VP#1010
Clarmart, Inc. - Tract “B” - WRA - OR 2445 PG 1087 - To Make Public
Statutory Quitclaim Deed
Lanier, Mary Anne - OR 2452 PG 0046 - Donation - Water Ways - Clear Title
Wells, Beverly Jean - Central Ct., Etc. - OR 2450 PG 2262 - Deerhaven Rd. Proj.
Beane, Verna G./Beane, Kenneth M. & Doris K./Drause, Eileen L. & O. - Gere Lane - OR 2441 PG 1346 - Special Assessment
Venetian Village Developers, Inc./Mary Ann Lanier, Trustee - Lois Dr. - 3259 - OR 2452 PG 0050 - Donation-Waterways - Clear Title
Statutory Warranty Deed
Younger, Thomas A. & Natalia B. - N. Buckhill Rd. - 2739 - OR 2443 PG 1029 - Clay to Pave
Blair, Robert H. & Marion G. (Trustees) - Orange Blossom Rd. - 2831 - OR 2436 PG 1009 - Clay to Pave
Andrews, Jerome - Wolfbranch Rd. - 4583 - OR 2441 PG 1353 - Donation - Owner Request
Temporary Non-Exclusive Easement Deed
Clonts Groves, Inc. - Bradshaw Rd. - 0653 - OR 2436 PG 1013 - Drainage Proj.
Resolutions/Clermont Area
Request from Public Works for approval of Resolution 2003-208 authorizing the posting of “No Parking on Right of Way” signs on the east side of Lakeshore Drive (1741), south of CR 561/Lake Minneola Shores (1733), in the Clermont area.
Final Plat/Shores of Lake Clair Subdivision/Resolutions
Request from Public Works for approval and authorization to accept the final plat for Shores of Lake Clair Subdivision, and all areas dedicated to the public a s shown on the Shores of Lake Clair plat; accept a Letter of Credit for Maintenance in the amount of $15,380.00; execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Highland Real Estate and Investment; and execute Resolution 2003-209 accepting Summit Lakes Lane (Part) (County Road Number 0936G) into the County Road maintenance system all relating to the Shores of Lake Clair subdivision. Subdivision consists of 20 lots – Commission District 2.
Contracts/OEC Business Interiors/Judicial Center
Request from Public Works for approval to engage OEC Business Interiors, under State contract, encumber and expend funds in the estimated amount of $51,878.51 (based on current State Contract Discounts) for the purchase of furniture, from the Infrastructure Sales Tax Fund (Fund 301) for the Judicial Center 3rd Floor Reconfiguration Phase, Project Number 2003-07 – Commissioner District 3.
ADDENDUM NO. 1
Environmental Services/Contract/Jones Edmunds Project/Loghouse Landfill
Request from Environmental Services for approval and authorization to execute a Contract Time Extension through April 2004 for the Jones Edmunds Project Number 12090-013-01 concerning the Gas Migration Control System at the Loghouse Landfill.
Public Safety/Purchase of Radios
Request from Public Safety for approval of the purchase of 40 mobile fire radios, 73 portable fire radios and 10 medical radios to improve compatibility with the new radio system and improved interoperability with EMS units and local hospitals and approval of the capital substitution form for the funding of said equipment in the amount of $344,367.00.
Florida Communities Trust Grant Agreement
Request from Public Works for approval and authorization for the Chairman to sign the Florida Communities Trust Grant Agreement upon review and approval by the County Attorney.
WEST ORANGE SOUTH LAKE TRANSPORTATION TASK FORCE
Commr. Hill stated that she pulled Tab 8 regarding the West Orange South Lake Transportation Task Force because she wanted to vote against reallocating $5,000.00 for membership dues. She stated that it is setting a very poor precedent, because there is going to be a lot of discussion about other roads, and there may be other task forces that may be created, and she does not know that the Board needs to be a member for $5,000.00 for every one of those. She voted against it last year, and she wanted to be consistent for this year.
Commr. Pool explained that the Task Force was put together by the cities of Clermont, Ocoee, Oakland, Winter Garden, Orange County, and Lake County and, without that Task Force, they would not have received millions of dollars in grant dollars for studies that they are doing on this corridor, as well as other transportation issues that have been greatly enhanced, improved and acknowledged by the Department of Transportation (DOT) who agrees that this has greatly expedited the process. Commr. Pool felt that $5,000.00 is a small price to pay, and the County is getting large sums of money for this small investment.
Commr. Hill stated that this is a nice idea, but there are also other task forces that might be created throughout the County, in conjunction with other cities and counties, and she feels like the Board is setting a precedent.
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried by a 4-1 vote, the Board approved the request from Public Works for approval of payment of annual membership dues of $5,000.00 to the West Orange South Lake Transportation Task Force.
Commr. Hill voted “no”.
WORKSESSION - 9:00 a.m. or As Soon Thereafter
DISCUSSION OF THE COUNTY’S HEALTH PLAN
Ms. Sarah LaMarche, Director of Program Analysis and Contract Management Office, stated that she will be giving an update on both of the insurance funds, the health benefits fund, as well as the liability and workers compensation fund, and she will be giving them a preview of some of the exciting plans that Risk Management and their teams have planned for next year.
Ms. LaMarche explained that, with regard to the health insurance coverage, they are self insured up to $75,000 for each diagnosis per year, and an aggregate of $5.2 million, with the excess premium taking over at that point. The cost of their excess premium was $315,000. She explained the Benefits Fund over the past five years noting that, in 2000, their revenues exceeded their expenses; in 2001, the Board increased the amount that they gave on behalf of the employees, so the revenue increased and the expenses increased a little bit; in 2002, the revenues went down slightly, but they did not increase the giving in the funding, and the expenses went up a little bit, so they basically broke even that year. In 2003, the 15% increase that they have been hearing about throughout the country actually for Lake County was a 25% increase in expenses and, at the same time, they did not increase any of their revenue side, which created their deficit, and the necessity of a change in their plan. They are projecting for next year the 15% that they have been hearing about in the newspaper, and the revenue increase is primarily due to generosity of the Board, as well as the slight increase in the employees contribution. Ms. LaMarche reviewed pie charts showing the percentages of specific health care and noted that the 40% shown was for inpatient care. She reviewed another chart showing the revenues for last year, with the total revenues for the fund being $3.9 million, as opposed to the expenses of $4.7 million total for all of the expenses, which include other things such as vision, long-term care, dental, and third party administrator. She explained that the total revenue was comprised of about three-fourths of the funding from the Board.
Ms. LaMarche reviewed the Reserve Fund for Employee Benefits and stated that ideally they would like to try and keep about $2 million in the fund, which they did through the year 2002. They knew they were going to take a hit in that fund in 2003, and they actually used almost $760,000 of the reserve and that is when they made some changes in their plan and, although they estimate that they use a little more of the reserve, it will not be quite as dramatic with the changes. She noted that the County had some major medical claims this year, as noted in the list of the Top Ten single incidences by dollar amounts, as opposed to prior years. Based on this information, Risk Management will start a blitz campaign in January to provide information to employees and, in regards to pharmacy claims, this will be another area targeted by Risk Management in education. She noted that they spent $835,000 in pharmacy costs, with one-third being mail order, and this part of the plan will also be part of their campaign blitz. In looking at the pharmacy costs, the plan paid 68% of the dollars, and the employee co-pays made up 32% of the costs.
Ms. LaMarche stated that they asked the Clerk’s Office to look at their third-party administrator paying the claims, and Mr. Dennis Grey, Internal Auditor Director, Ms. Lisa Myles, Internal Auditor Staff, and Mr. Jeff McAdams, Systems Support Analyst, did a wonderful job on their in-depth review and provided them with a report that is now with the County Manager. She stated that staff, as well as EMI, have responded and that report will be coming to the Board soon, but she wanted to review a few of the highlights that were reported. They were happy to see their positive opinion, as well as their excellent recommendations, which were as follows: in the contract itself, to establish performance standards with EMI for payment accuracy and turnaround time; require monthly reports/quarterly report to the County Manager for the quality assurance; the County should not authorize treatments specifically prohibited by the plan; review accuracy and timeliness of stop-loss reimbursements; favorable comments concerning EMI’s nurse case management program; and to implement an employee incentive plan for reviewing accuracy of charges. Ms. LaMarche stated that, by having this audit, the County saved about $40,000 with that review.
Ms. LaMarche reviewed the property and casualty coverage and stated that they have to be self insured for over $1.2 million, and that has significantly increased, and their excess premium costs for liability is quite a bit higher than their health insurance. She explained the property and casualty fund over five years noting that, in 2003, their actual expenses really did not have any proportional reason to the huge increase in the amount they have to retain. Some of the factors that affected the rates included the economy, interest rates, and the terrorism issue. The insurance industry has now imposed capacity limits for companies by region. There has also been a large increase in the value of their buildings and property, and any increase in payroll affects the workers compensation. The results are that their reinsurance premium increased by $200,000 and the self insured retention increased from $480,000 in 2002, to over $1.2 million in 2004. She reviewed a five year picture of their premiums versus their claims and stated that, even though they had 47% increase in claims costs in 2003, it was not relatively that dramatic.
Ms. LaMarche stated that they have noticed a lot of positive things by having direct contracts with the hospitals, because there seems to be more of a partnership there; their plan is customized; the employees like it; and there is a definite stability in the physician network.
Ms. LaMarche stated that the theme chosen by Risk Management is choices for change, information, and ideas for life and, on January 2, 2004, there will be a campaign blitz to target the five areas that were pointed out on the top ten list, and this will be done through monthly newsletters, bulletin boards, intranet updates, lunch and learns, the teams, and a new initiative where folks will be meeting with each division to identify their own particular needs within their division. They are also starting a Weight Watchers program in the County.
Ms. LaMarche recognized those members of the Safety Action Team, which has about 25 members, and the members of the Health Team, which has about 14 members, and she extended her appreciation to all of them for their work.
Mr. Bill Neron, County Manager, stated that he would like to give the Health Team a pat on the back, because this past spring and summer, when staff was looking at ways to conserve costs and spread the costs, they spent countless hours working with management to help develop a better plan, which seemed to be very acceptable to the employees. They did a very, very good job.
Ms. LaMarche pointed out that the County has had a “stop smoking” class in the County, and there were about 15 folks who initially joined it, and there were three who successfully completed the program.
PUBLIC HEARING -
FEDERAL FISCAL YEAR (FFY) 2002 CONSOLIDATED
ANNUAL PERFORMANCE AND EVALUATION REPORT
FOR COMMUNITY DEVELOPMENT BLOCK GRANTS
Mr. Fletcher Smith, Director of Community Services, stated that, before he begins the presentation, he would like to recognize Mayor Helen Pearce, Town of Montverde. Mr. Smith stated that each year the County is required to have a public hearing to review the accomplishments made over the past year with the Community Development Block Grant (CDBG) program. At this time, he turned the discussion over to Ms. Liz Eginton, CDBG Director, who would be making a short power point presentation.
Ms. Eginton stated that the CDBG division has finished its Consolidated Annual Performance and Evaluation Report (CAPER) for Federal Fiscal Year (FFY) 2002, which is County Fiscal Year (FY) 2002-2003. The CAPER outlines how CDBG funds were used during the last fiscal year and, as required by federal regulations, it has been made available for public inspection for 15 days, with that period ending today, and citizens will be given an additional chance to comment at today’s public hearing. She stated that staff is asking the Board to approve the document, so that it can be submitted to the U.S. Department of Housing and Urban Development Jacksonville Field Office.
Ms. Eginton stated that, between September 30, 2002 and November 15, 2003, they drew down funds budgeted for 20 projects from the County’s line of credit with the federal government. She noted that actually the amount of activity is less than it appears on the spreadsheet because they did some draws against 2000 and 2001 projects to reconcile revenue deficits. At this time, Ms. Eginton presented the Board with a progress report on activities that were carried out with CDBG funds during 2002-2003. The biggest expenditure was $440,000 to pave almost two more miles of roadway in Lake Kathryn, and to improve drainage. The City of Tavares spent $40,000 to construct and reconstruct approximately 2,300 linear feet of sidewalks in the Ingraham Park neighborhood. The construction of ADA accessibility improvements at the Montverde Town Hall was completed last week, with new restroom wings being added at each end of the building and the total expenditures to date is just over $55,000. She stated that four automatic door openers were installed at the Lake County Agricultural Center, with expenditures for this project totaling $12,880. They passed CDBG funds through the Health Department, which provided prescriptions to 319 low income people, and CDBG funds totaling $95,000 was combined with $20,000 from the County’s General Revenue Fund. They used about $20,000 in public service funds to allow Mid-Florida Community Services to add weekend meals on wheels delivery, and they helped 54 people with this service. The remaining $20,000 in public service was used to transport 17 homebound senior citizens to congregate meal sites. Once again Mid-Florida Community Services administered the program in cooperation with LifeStream Behavorial Centers, and the Transportation Disadvantaged Division. They spent just over 17% of this year’s CDBG funds for program administration, and the remaining funds will be programed to phase in paving in Lake Kathryn.
Ms. Eginton stated that staff is particularly proud of several of their accomplishments. They are participating in HUD’s consolidated plan improvement initiative as a pilot, and this means that they will be doing their next consolidated plan a year early using a simplified, more user friendly template, which staff developed. They took an active role in preparation of the homeless continued care funding applications for Lake, Sumter, Citrus and Hernando Counties, and they have also taken a leadership role in the organizational startup of the Mid-Florida homeless coalition. Along with Growth Management, they are spearheading a community enhancement working group within County government, which will tie in with joint planning areas (JPAs), and with upcoming small area plans, and the consolidated plan. The Town of Astatula elected to join the urban County program, and they will start receiving their share in October, 2004, and their entitlement will go up accordingly.
Ms. Eginton stated that they would like to thank everyone for partnering with them to make the CDBG program a success and suggested that the Board now open the hearing for public comment.
Mayor Helen Pearce, Town of Montverde, commented that this is a wonderful program and extended her thanks to the Board.
Commr. Hanson wanted to know the criteria for the urban planning area for Astatula, and Ms. Eginton explained that it is the same as Montverde and Tavares, and they will be adding them to the partnership.
Commr. Hanson stated that she is particularly happy with many of the programs that they are now able to help fund particularly prescriptive drugs, and the roads, which have made a big difference in the northeast part of the County and are a big improvement to the community.
Commr. Hanson referred to Appendix 1-6, Addressing Obstacles to Meeting Underserved Needs, and stated that perhaps staff could word the following in another way: the historical reluctance of elected officials to invest in areas with low property values. She stated that this Board has been much more inclined to help in some of those areas. Commr. Hanson stated that another big need is a mobile health unit, even though they are expensive, but it may be something that staff can put on their list. She stated that they have talked about it a lot in the Comprehensive Health Care Committee, because so many of the people are in very rural parts of the County, and it also might help with some of their transportation costs, in a preventive type manner.
Ms. Eginton noted that the mobile unit would dovetail very nicely into the community enhancement area process that staff is working on right now, and they will be targeting some resources to give in neighborhoods and coordinating the efforts. She stated that the Health Department and Childrens’ Services are on the community enhancement area team (working group), and they have talked about it.
Commr. Hanson stated that this would be an opportunity for collaboration between the different committees, and they all know the problems that Lake Transit is having with dollars to keep that program alive and this may be a target that some funds could be used for.
Ms. Eginton stated that, in March of next year, as part of that pilot program, they are doing a new consolidated plan, and this is the time for them to reexamine their priorities, and they will be going out and doing another quality of life survey next month. They will be coming back to the Board in March with the results of that survey. She explained that they started with a list that came from the Comprehensive Plan, and they have added several more based on their knowledge of the communities, but they are looking at developing a process whereby a given community can come in apply for the designation, but there would have to be a strong movement from within the community to improve the quality of life there.
Commr. Cadwell stated that the successes that they talked about today are impressive but, when they look at where they were three years ago when they started this program and where they are today, it has really come a long way, and he extended his appreciation to Mr. Smith and Ms. Eginton.
Commr. Stivender stated that Mayor Pearce is here today and, over this past year, she was fortunate to get Montverde in her district, and it has been an ongoing project to get everything done. She acknowledged the work done by The City of Tavares, as well as County staff, in handling their needs with the grants, and she extended her appreciation to staff and the cities.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Federal Fiscal Year (FFY) 2002 Consolidated Annual Performance and Evaluation Report for Community Development Block Grants, with a change in the language on Appendix I-6, in the Addressing Obstacles to Meeting Underserved Needs section, as requested, and to direct the Department of Community Services to transmit it to the U.S. Department of Housing and Urban Development Jacksonville Field Office.
ADDENDUM NO. 1 -
PUBLIC HEARING -
WORKSESSION: Discussion of Lake County Water Resource Issues, Water Resource
Goals and Mt. Plymouth-Sorrento WWTP Study
Ms. Blanche Girardin, Environmental Services Director, introduced Mr. Chuck Drake, Hartman & Associates, Inc., and stated that he is representing Hartman & Associates, Inc. and will be making the presentation on the August, 2002 publication, Lake County Water Resources Game Plan. The document evaluated the existing situation of utilities and water uses in the County, in comparison to future growth and existing master plans, and issues of regional regulatory emphasis.
Commr. Hanson stated that this study had been done some time ago, and she asked that it be brought forward to the Board and, even though it may not be appropriate at this time, and it may not be timely, it needed to be presented to the Board.
Mr. Bill Neron, County Manager, stated that there are two separate reports, and one set of standards. Mr. Neron stated that he came to the Board and requested funding, after the first report was done and, as noted by Ms. Girardin, to do a database analysis of water and sewer systems. The database is really proving to be good information, as they go through some of their water resources workshops with the cities. The other study was on the Mt. Plymouth/Sorrento water sewer area that has not yet been presented to the Board. Both issues were being brought to the Board today for informational purposes..
Mr. Drake, Hartman & Associates, Inc., stated that the presentation will be about the Mt. Plymouth/Sorrento Water, Wastewater, and Reuse Master Plan (Mt. Plymouth/Sorrento Master Plan), which the Board had before them today, and the water resources/utilities inventory. He noted that, about two years ago, they did the County’s water and wastewater utility standards. Mr. Drake stated that, once these are adopted, the County will have a set of standards beyond those requirements of the Department of Environmental Protection (DEP).
Mr. Drake stated that the purpose of the Mt. Plymouth/Sorrento Master Plan was to identify the water, wastewater and reclaim water needs for the area and, based on those needs, to determine the need for water and wastewater facilities in the future. They looked at the demand projections for that area and talked to City of Mount Dora, and the City of Eustis. He noted that the St. Johns River Water Management District (SJRWMD) gives credit to utilities that offset, or replace, existing groundwater resources with a reclaimed water, or an alternative supply of water. He discussed maximizing the water resources and noted that they identified in the master plan funding sources that would allow the County, or a utility authority, to construct these regional facilities. Mr. Drake reviewed the sub service areas identified as Areas 1 through 6 (Figure 2-1), and the existing water supply treatment facilities (Figure 3-1) noting that 15 of the permitted water supply and treatment facilities are non-community water systems. The only two facilities currently designed and permitted to serve community water systems are the Oak Springs Mobile Home Park Water Wastewater Treatment Plant (WWTP), and the Fairways at Mt. Plymouth WWTP. Mr. Drake pointed out Tables 2-3 and 2-4, which projected a 10 Year Water Demand, and a 20 Year Water Demand, which would be the total demand. Mr. Drake also noted that, in July 31, 2003, the SJRWMD has said no more fresh groundwater withdrawals in the East Central Florida area, and that it has to be an alternative supply. Mr. Drake reviewed the detailed information with the Board and pointed out a significant increase in the wastewater flow. They looked at three different options to use that wastewater, Alternative One - installation of a force main to the Mount Dora sub-regional water, wastewater treatment plant (WWTP); Alternative 2 - installation of a reuse main from the City of Eustis spray field; Alternative 3 - construction of a sub-regional WWTP.
In terms of Water Resources Inventory, Mr. Drake stated that the goal was to conduct an inventory of water and wastewater facilities located in Lake County, both public and private; to try and conceptualize regionalization of those facilities; and to look at regulatory compliance. He reviewed the following charts with the Board: the Lake County Water Demand Project chart; the Utility Service Areas (existing and proposed); the Water/Wastewater Facilities Chart; and the Possible Combined Utility Service Areas. He then reviewed what other surrounding counties are doing in relation to the water and wastewater including Marion County, Orange County, Polk County, Seminole County, and Volusia County.
Mr. Drake stated that, in terms of resource management, they felt that the County should develop its Comprehensive Plan amendments to meet the DCA’s new requirements; make sure their line development codes meet those of the DCA; know what the SJRWMD is doing; adopt the utility standards and policies that they have already provided to them; start discussing with the cities and other counties ways to protect the water resources and ways to obtain other sources, if necessary; develop a water resources protection strategy and planning strategy and financial planning; and pull their resources to facilitate water use permitting. Mr. Drake stated that the County also needs to have a set of updated standards, so that developers have no questions about what is required of them. He stated that the County actually wants to exceed the minimum standards of the State.
Commr. Cadwell stated that, with everything the County has going in the Wekiva and, with this report being completed in April, 2002, he wanted to know why it was being brought forth today, because he felt it was only going to confuse the issue, to some extent.
Commr. Hanson stated that, in the early 1990s, the County made the determination that there were two areas that perhaps would be appropriate for utilities, one was Astor, which has moved forward with their own system, and the other was Mt. Plymouth/Sorrento. At the time, there were several developments on board, and those developments have now gone in and the City of Eustis is providing some of the utility requirements. She stated that it may not be appropriate at all, and she is not promoting it, but it was done, the Board voted to do it, and it needed to be presented to them, because the study did cost the County a lot of money. She stated that Mt. Plymouth continues to grow, and she is certainly not the one developing it and, at some point, there will probably be a need for either water or wastewater treatment, but it has nothing to do with her. It has to do with the County and this Board, and she does not like having studies done and then just sit on the table, and she realizes that some of this study is outdated today.
RECESS & REASSEMBLY
At 10:15 a.m., Commr. Stivender announced that the Board will take a ten minute recess.
CLOSED SESSION: Covanta
At 10:30 a.m., Commr. Stivender stated that the Board will go into closed session.
Mr. Sandy Minkoff, County Attorney, reminded the Board that he requested a closed session, pursuant to Florida Statue 286.011, which the Board approved; staff has advertised the session; and he has the proof of publication here today. Mr. Minkoff stated that they will be discussing litigation strategies, and settlement negotiations and strategy sessions. The court reporter will be here and will record the entire session including the times of commencement and termination and all discussion, as well as names of all persons present. Those present will be the Board of County Commissioners, the five members; Mr. Bill Neron, County Manager; himself; and Ms. Melanie Marsh, Assistant County Attorney. The session commences in an open meeting, which they are doing. The estimated length of time will be 15 to 20 minutes. Once the meeting is completed, the Board will re-adjourn and go back into the regular meeting.
At 10:55 a.m., Commr. Stivender re-adjourned the regular Board meeting.
WORKSESSION: Discussion of Lake County Water Resource Issues, Water Resource
Goals and Mt. Plymouth-Sorrento WWTP Study (Continued)
Commr. Hanson referred back to the discussion of the Lake County Water Resource Issues, Water Resource Goals and Mt. Plymouth-Sorrento WWTP and stated that she wanted to make a couple of points. She did not know if the current Board approved that particular study, but it was by a unanimous vote of the Board, and she felt there were some important suggestions in the study that should not go overlooked, one being the utility standards, which she knows they have them in their Comprehensive Plan but need to be updated, and also looking at some of the things the other counties are doing in terms of their plans. She explained that this study was ordered before Eustis put their system in this area and, as the Board knows, sometimes a system of utilities can be a revenue source to a government, and it is usually a water system. Her concern has nothing to do with the development of the East Lake County area, other than quality of life and quality of water. In Mt. Plymouth, there are thousands and thousands of lots that were created (50 foot lots), and they continue to be built on without coming back to the County, other than for a permit. They do require 100 foot lots, at least two lots to be aggregated, if they are in common ownership, but there are still lots that are being built on 50 foot lots. It does not matter if it is a 50 foot or 100 foot lot, because you are getting a high density of people with wells and septic tanks in very close proximity. The best thing at this time would probably be for the community to come together and evaluate the proposals, particularly in Mt. Plymouth, to determine whether they want to put in utilities, and for this to be a community driven effort. She does not see it as promoting more growth, because the growth is happening anyway, because those lots were already there in the 1920s. She only wanted the information presented to the staff, to the Commissioners, and to the public, and they now have the books, and the resources and, if anyone would like any of the information, it is available.
Commr. Cadwell stated that the only reason he brought this up at the beginning of the discussion is because there are so many different issues being discussed right now, and he did not want to read in the paper tomorrow that the County is now getting into the water and wastewater business in Mt. Plymouth.
Commr. Hanson stated that this was not the intent of the discussion, but it was to look at the study and, as she has said, the information now is outdated, and Eustis will probably continue with the utilities in that area, because there is a revenue source there that works to their benefit. They are taking septic tanks out of the Wekiva Basin and providing reclaimed water to that area, and that part has been a real plus, but the County was probably too late to get involved and, at the time, they did not know all of that was going to happen.
CITIZEN QUESTION AND COMMENT PERIOD
It was noted that no one present wished to address the Board with questions, comments or concerns.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
INTERLOCAL AGREEMENT/CITY OF TAVARES
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the Interlocal Agreement between Lake County and the City of Tavares for Alfred Street a/k/a Old 441 Project Development and Environmental (PD&E) Study. Mr. Stivender stated that the County has a contract with Fruitland Park for a PD&E study on CR466 in Lady Lake, which is just about completed. He stated that it is important to get the City’s input on what they want at this corridor. He noted that this project has been languishing on the County program, because of input and public participation that is necessary. The City of Tavares has agreed to manage it for them, and the County will pay them. Mr. Stivender confirmed that this does not bump any other projects.
Commr. Stivender noted that the request is in her district, and she is in favor of it.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval of the Interlocal Agreement between Lake County and the City of Tavares for Alfred Street a/k/a Old 441 Project Development and Environmental Study.
INTERLOCAL AGREEMENT/CITY OF TAVARES
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the Interlocal Agreement between Lake County and the City of Tavares for the Woodlea Road Survey. Because the City had enough resources to be able to do these types of projects, the City offered to manage this job for the County, to get the land surveying and locations done, and to work with the County to acquire right-of-way. The City now owns property along Woodlea Road north to Dead River Road, which is another impact fee project, and it will improve the traffic along SR19.
Commr. Stivender stated that this has been an ongoing project for at least 15 years.
Mr. Stivender confirmed that both of these projects have been on the impact fee program for many years, and they have been rescheduled and shuffled and now at the top of the program, and this is a way to expedite them.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request from Public works for approval of the Interlocal Agreement between Lake County and the City of Tavares for Woodlea Road Survey.
MAINTENANCE AGREEMENT/MOTOROLA
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request the Maintenance Agreement with Motorola for the Countywide Radio System. He noted that Ms. Peggy Dionne, Special Services Division Director, was present to answer questions. Mr. Stivender explained that the warranty period will begin on January 1, 2004. As stated in the backup, the agreement begins at the completion of the warranty period, which is anticipated to be January 1, 2005. The agreement is being requested at this time to lock in the current pricing. The five year agreement stipulates the amount of the increases over the next five years. Mr. Stivender explained that this takes care of the maintenance on all of the towers, and all of the existing equipment. Anything such as a technology upgrade would have to be negotiated separately.
Ms. Dionne appeared to answer questions of the Board stating that the County did have an original agreement for one year and this just follows that period of time. The main reason for bringing it to the Board is the pricing because the prices will go up on January 1; this will give them a five year agreement, with a locked in price.
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the request from Public Works for approval and signature on the Maintenance Agreement with Motorola for the Countywide Radio System.
ADDENDUM NO. 1 -
AGREEMENT/CENTRAL FLORIDA SAFETY COUNCIL/TRAFFIC EDUCATION
Mr. Fletcher Smith, Director of Community Services, addressed the Board to discuss the request for approval and authorization to negotiate an Agreement with the Central Florida Safety Council to implement a Traffic Education Program that was authorized under Lake County Ordinance Number 2002-87. The Ordinance allowed a three dollar surcharge to civil traffic penalties in Lake County and established the Lake County Traffic Education Trust Fund. Mr. Smith stated that Request for Proposals (RFPs) went out to see if there were any agencies in the community that could implement this Traffic Education Program for both public and non-public school students, and they received four proposals. The proposals came from the Lake County School Board, West Central Florida Driver Improvement, Inc., Alpha 2 Omega Traffic School, and the Central Florida Safety Council. An ad hoc review committee of individuals who have knowledge of traffic issues was formed to review the proposals, as noted in the backup and, after they reviewed the proposals, they recommended that the Central Florida Safety Council provide the education program. The review committee recommends that the County enter into negotiations with them to implement the program by contract.
Commr. Cadwell wanted to know if staff was comfortable with the Central Florida Safety Council plan and whether they felt it would reach the appropriate people, since they are not any part of a system.
Mr. Smith explained that the Central Florida Safety Council will be working with the School Board to get the word out to the students, and to their parents, and they are going to rely on the School Board to help publicize this program. They are hoping to establish a site on the Lake County web page, and publicize in the paper, and it will reach a broader number of students.
Commr. Hill stated that she will piggyback on Commr. Cadwell’s question and noted that, in the backup, it states that there will be a four hour Drug Alcohol Traffic Education (DATE) Program, on three different campuses in Lake County; Tavares, Leesburg, and Clermont. She wanted to know if they were going to be using any other facilities at the school, and she appreciates the idea that they are going to do a drug, alcohol, traffic education on the three campuses.
Mr. Smith explained that the Central Florida Safety Council has their own facilities, and they are going to be working in conjunction with the West Central Florida Driver Improvement, which is located on Texas Avenue.
Mr. Smith explained that the day program is required for all first time licensed applicants and, for those students who come into the program who have not taken that program, they will get that course in conjunction with the 18 1/2 hour instruction that is going to be provided by the Central Florida Safety Council.
Commr. Hill stated that there are other agencies and private companies providing the four hour DATE Program, and she is glad that they will be offering the same program within their own plan.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request from Community Services for approval and authorization to negotiate an Agreement with the Central Florida Safety Council to implement a Traffic Education Program based upon the guidelines established in the Dori Slosberg Driver Education Safety Act and Lake County Ordinance Number 2002-87 which established the Lake County Traffic Education Trust Fund.
REPORTS - COMMISSIONER HILL - DISTRICT #1
ZONING/SHAKER
Commr. Hill explained that she had received a letter from Ms. Nancy Fullerton, in response to a letter she had sent to her and other citizens expressing her own thoughts and observations on the Shaker zoning case, and Ms. Fullerton has asked that her letter be provided to all of the Commissioners.
REPORTS - COMMISSIONER POOL - DISTRICT #2
UPDATE/SR 429 NORTHWEST EXTENSION/APOPKA BYPASS CORRIDOR
ORLANDO-ORANGE COUNTY EXPRESSWAY AUTHORITY
Commr. Pool showed the Board the latest map from the SR 429 Northwest Extension Working Group (Working Group), which included the proposed Apopka Bypass Corridor, and the proposed Wekiva Parkway Corridor, and he thanked the East Central Florida Regional Planning Council (ECFRPC), for their efforts. He stated that the real goal of the Working Group right now is to see a connection. Everyone has agreed that the Apopka Bypass Corridor was a much needed bypass for Apopka, and it is the goal for the Wekiva Parkway to head over to the I-4 corridor/SR46 corridor. In the Board’s studies and, during discussion of the Mt.Plymouth/Sorrento study, they discussed the opportunity for some type of bypass, and they would build another extension off to the northwest to SR46. So instead of four-laning SR46 through Mt. Plymouth and Sorrento, this existing highway, which is going to be the Wekiva Parkway, would head to the northwest and connect back to SR46. The Department of Transportation (DOT), and the Orlando-Orange County Expressway Authority, have agreed to potentially partner on the portion from the Wekiva Expressway down to SR429, which will be an open, free road, with no toll. Commr. Pool stated that the cities of Mount Dora and Eustis have come forward and asked them to please not stop with SR46, because they think that the study should continue up to SR44 and SR44A. The Working Group had a lot of discussion, both pro and con, and it realizes that they are probably looking at a ten to 15 year window. The Working Group felt that this corridor, from SR46 up to SR44 and SR44A was an important corridor, and a study should be done, as they proceed with zoning cases. The Working Group is asking the cities of Eustis and Mount Dora, and Lake County, to partner in this concept in bringing this road up to SR44A, at some point in the future. He noted that it was not a unanimous decision, with mayors and councilmen being present at the discussions, but that he had expressed, from the Lake County side, that they should at least study that corridor, to at least give them the opportunity to say whether or not it is viable corridor. they are asking that they go forward to present this as a working study that is recommending the Wekiva Parkway. He believes that the environmental group has already said that, if there is an exchange of lands and environmentally sensitive lands, that the Wekiva Parkway would be the one they kind of support.
Commr. Hanson stated that she gets a lots of concerns and questions about why they got back in the study with the Expressway Authority, but this is exactly why they got back into it, the concern of that road going west to U.S. 441. She stated that the folks in that area, and in Mount Dora, were very upset, and she wanted to know if the County was currently in the study with the Expressway Authority. She stated that she sits on the Wekiva Coordinating Committee, and the Working Group is a sub-committee of the Wekiva Coordinating Committee, and there had been some question about the study being on hold right now.
After some discussion, it was noted that the study with the Expressway Authority is on hold.
Commr. Pool stated that the he was making the Board aware of what the Working Group has expressed as a concern, both sharing the concerns of the cities of Mount Dora and Eustis that it would stop at a certain point and provide more traffic, more gridlock, more potential problems, and therefore, they would like to see this continue to SR44 with minimal access points potentially at SR44 and SR46, and then to SR429.
Commr. Hanson stated that she would like to see the Board support a resolution today, since the environmentalists and others seem to support the Wekiva Parkway, and a limited access bypass south of Mount Plymouth and Sorrento, which was developed by the Mount Plymouth/Sorrento Small Area Study Group. The goal was not to have a four-lane road going through the community of Mount Plymouth and Sorrento where SR46 is now.
Commr. Pool explained that the Working Group felt that, to protect the integrity of the community, and to ensure that, as they go forward, the Mount Plymouth/Sorrento area is not destroyed and remains as it is today. Both Eustis and Mount Dora said that they need to ensure that they will look at that corridor as a potential alignment, with an opportunity to go forward in the future.
Commr. Cadwell stated that, as controversial as this whole process has been, to add this item to the agenda today and vote on it and endorse a particular route is a little premature. The Board had told those folks that were here before that they were considering a bypass of Mount Plymouth at that time, and they were still looking at other options.
Commr. Hanson noted that the item could be moved to another time and placed on an agenda, and Commr. Stivender suggested that the Board may need to workshop the issue, since people were here to discuss it.
Commr Pool stated that the Board had asked him, as a representative of the Working Group, to bring forward what they had discussed, and it will actually be a decision by the Wekiva Coordinating Committee. He is here showing the Board that there is certainly a consensus for the Maitland connection over to SR429 bypassing Apopka, and there seems to be a consensus in the environmental community for the Wekiva Parkway over to SR46, but then they reach a potential problem as they go to the northwest, or to the north back to SR44, SR46, and SR44A.
Commr. Hanson stated that she was trying to separate out those things that are less controversial and the item pertaining to Mount Plymouth and Sorrento ought to be open for discussion with the folks in Tangerine. The Wekiva Parkway is essentially the same route that was previously accepted by the Wekiva Task Force, with the 17 recommendations. She noted that the Wekiva Coordinating Committee is meeting next week.
Commr. Pool stated that the Working Group has one more meeting to try and come up with some final consensus, or agreement. As indicated by an earlier comment, maybe the citizens countywide should have an opportunity to consider a referendum, to say what they see for the future, what they need for the future, and how far do they want to go with transportation planning. These are some important issues that the Board may want to discuss with the County Attorney.
Commr. Hanson stated that she does not have a problem getting the County Attorney’s approval to look at and at least discussing a referendum on the roads that go into Lake County.
Mr. Jim Stivender, Director of Public Works, addressed the time frames involved with these issues noting that the Wekiva Basin Study is going to go on for a few more months, and this will probably affect the decision on this study, and SR429. After July, 2004, there will be the SR46 PD&E, and there will be a lot of public hearings, and staff is going to try and address all of these same issues in the next two years.
Commr. Pool stated that these are ongoing, long range plans, and he wanted to point out that, just as sure as SR429 is proceeding north, it is also proceeding south, and he thinks it is important that some of the maps of the future depict a road connecting from SR429, which is going to be less than one mile away in the South Lake County area, over to SR429 in Lake County on the Highway 27 side. It is important that they remember that they have many potential connections, and they, as a Board, should be continuing to explore opportunities.
Mr. Stivender explained that the County is going to be looking at each of the corridors involved with the potential connections, and they will be working through the 2025 plan over the next year. The money is budgeted and they are waiting on the MPO status, so they can move forward with that study, which will be a one year to 18 month process. All of the connections to SR429, and all of those things that they talked about prior to today will need to be addressed as part of that study.
Commr. Hanson stated that the Expressway Authority had indicated that, if SR429 was not extended to the northern part of Lake County, they would move on over into U.S. 441 to move west. If it were to go to a referendum, or the Board was to vote down the recommendations, it is their plan to move west, and this was one of the reasons that Lake County came back into the study.
Discussion occurred regarding how this will ultimately interfere with the Working Group’s recommendations, if the Expressway Authority’s study is on hold because, right now the study is basically in the hands of the Governor through his Executive Order creating the Coordinating Committee and the Working Group.
Commr. Hanson felt there needed to be communication on this issue, because there is a real lack of communication in the community about what is going on in the whole process. She stated that the item was brought up for discussion, and it does not have to be today but, at some point, she feels they need to break down the different segments where they can find a consensus, but today is not the right time, and today was only for discussion of the roads, and the proposals.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
WATER CONSERVATION PROGRAM
Commr. Hanson made a motion to approve to create a countywide Water Conservation Program within the next six months utilizing the Environmental Services and Growth Management, with this program becoming an Environmental Element to our Comprehensive Plan.
Under discussion, Commr. Hanson stated that it seems to be the focus of the Environmental Protection Board at their meeting yesterday, to move forward with this item.
Commr. Stivender stated that the Board will be meeting in the next month to go over which committees need to be combined, and she asked whether this item could wait for Board action.
Commr. Hanson stated that she felt the item could not wait for Board approval because there is some urgency to move forward, and the Committee was wanting to get active on something, and they felt that this was the appropriate thing to be doing.
Commr. Cadwell felt that Commr. Hanson was right and that he could not think of any circumstance where the Environmental Protection Advisory Board would not exist after a reorganization and, if the Board is looking at true conservation programs, they need to have the Ag Committee involved in there somewhere, or at least a representative of the Ag Committee.
After some discussion, it was clarified that the Board is giving the Environmental Protection Advisory Board a task and they are not changing the Board.
Commr. Cadwell seconded the motion.
Commr. Stivender called for a vote on the motion, to approve to create a countywide Water Conservation Program within the next six months utilizing the Environmental Services and Growth Management, with this program becoming an Environmental Element to our Comprehensive Plan, which was carried unanimously by a 5-0 vote.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN - DISTRICT #3
VALUE ADJUSTMENT BOARD
Commr. Stivender stated that the County Attorney has let her know that someone needs to sit on the Value Adjustment Board, on January 20, 2004.
Mr. Sandy Minkoff, County Attorney, explained that, because of the special master process, the hearings did not get completed in time for the change of chairmanship, or board members. Staff would like to confirm that the current members will continue to serve, until they finish their business this year.
The Board confirmed that the current VAB members will continue to serve on the VAB, and Commr. Cadwell will continue as Chairman.
BOYS AND GIRLS CLUB
Commr. Stivender informed the Board that she has been appointed as a Director on the Boys and Girls Club in Leesburg, and they are doing a funding campaign, and she wanted to make sure that the Board members did not have a problem with her sending out about 30 letters on Board letterhead. It was the consensus of the Board that this would be appropriate.
PARADES/LIGHTS OF LAKE
Commr. Stivender informed the Board that there were many parades over the weekend and that The Lights of Lake is doing an excellent job in bringing in tourism.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:22 a.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK