A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
FEBRUARY 3, 2004
The Lake County Board of County Commissioners met in regular session on Tuesday, February 3, 2004, 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 Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Mr. Bill Neron, County Manager, noted that Addendum No. 1 has been distributed to the Board and could be a consent item, if the Board so chooses.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of December 16, 2003, Regular Meeting, as presented.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 6, 2004, Regular Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 7, 2004, Special Meeting - Town Hall Forum on Elder Affairs, as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, as follows:
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.
Revenue - Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending December 31, 2003. Disbursements due to Board: $184,002.74. Same period last year: $142,571.60
Excess Proceeds for Tax Deeds
Request to acknowledge receipt of the unclaimed excess proceeds for tax deeds totaling $19,227.47.
Agreement to Participate/Group Health Benefits Program/City of Eustis
Request to acknowledge receipt of the Agreement to Participate in the Public Risk Management of Florida (PRM) Group Health Benefits Program between the City of Eustis and Public Risk Management of Florida, along with Affidavit of Authenticity, in compliance with Florida Statutes, Section 163.01, the Florida Interlocal Cooperation Act of 1969.
City of Groveland/Ordinance
Request to acknowledge receipt from the City of Groveland - Notice of Public Hearing for Land Use Amendment - Ordinance 2004-02-07 - Groveland City Council meeting as the Local Planning Agency on February 2, 2004 at 7:00 p.m.; and Groveland City Council meeting on February 2, 2004 immediately following the LPA meeting - An Ordinance Amending Ordinance Pertaining to the Groveland Comprehensive Plan and as further described.
Town of Lady Lake/Ordinances
Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake:
Ordinance No. 2003-23 - Adopting the Operating Budget for Fiscal year October 1, 2003 through September 30, 2004 for the Town of Lady lake; Setting Forth Anticipated Sources of revenue in the Estimated Amount of $11,597,522; Setting Forth Expenditures in an Equivalent Amount; Providing for Repeal of Conflicting Ordinances and Resolutions; passed and adopted on second and final reading on the 24th day of September, 2003.
Ordinance No. 2003-24 - Providing for Amendments to the Land Development Code of the Town of Lady Lake - Providing for Designee of the Lake County School Board to Sit as Non-voting Member of the Lady Lake Local Planning Agency; passed and ordained the 3rd day of November, 2003.
Ordinance No. 2003-25 - Repealing Ordinance 99-38, as amended by Ordinance 2002-16; providing for the Dissolution of the Parks and Recreation Advisory Board; passed and adopted the 3rd day of November, 2003.
Ordinance No. 2003-26 - Repealing Ordinance 2003-11; providing for the Dissolution of the Economic Development Advisory Board; passed and adopted the 3rd day of November, 2003.
Ordinance No. 2003-27 - Providing for the Operation of Golf Carts on Town Streets Within Communities Designated as Golf Cart Communities; adopted the 15th day of December, 2003.
Florida Public Service Commission
Request to acknowledge receipt - Before the Florida Public Service Commission, Notice of Prehearing Conference to Allegiance Telecom, Inc.; AT&T Communications of the Southern States, LLC; BellSouth Telecommunications, Inc.; Covad Communications Company; FDN Communications; Florida Competitive Carriers Assoc.; Granite Telecommunications, LLC; Incumbent Local Exchange Telecommunications Carriers; ITC^DeltaCom; KMC Telecom III, LLC; MCI WorldCom Communications, Inc.; NewSouth Communications Corp.; Nuvox Communications, Inc.; Sprint-Florida; Sprint Communications Company; Supra Telecommunications and Information Systems, Inc.; The Office of Public Counsel; Verizon Florida Inc.; Xspedius Communications; Z-Tel Communications, Inc.; and all other interested parties -
Docket No. 030851-TP - Implementation of requirements arising from Federal Communications Commission’s triennial UNE review: Local Circuit Switching for Mass Market Customers; and Docket No. 030852-TP - Implementation of requirements arising from Federal Communications Commission’s triennial UNE review: Location-Specific Review for DS1, DS3 and Dark Fiber Loops, and Route-Specific Review for DS1, DS3 and Dark Fiber Transport. Prehearing conference - 9:30 a.m., February , 2004, Room 148, Betty Easley Conference Center, 4075 Esplanade Way, Tallahassee, Florida.
City of Eustis/Ordinances
Request to acknowledge receipt from the City of Eustis annexation Ordinances #03-78, #03-90, #03-92, #03-94, #03-96, #03-98 and #03-100. Passed, ordained and approved in Regular Session of the City Commission of the City of Eustis, lake County, Florida, the 18th day of December, 2003.
Orders of Fines
Request to approve and authorize signatures on Release of Fines - Orders of Fine imposed were executed in error, Lake County fully releases and discharges Arvin L. Lee and Marcia Lee-Matthews from Order of Fine, in the amount of $2,700.00 dated February 25, 2000, and recorded in OR Book 1798, Pages 1833 through 1834, of the Public Records of the Clerk of Circuit Court of Lake County, Florida, on March 1, 2000; and the Second Order of Fine, in the amount of $39,400.00 dated April 24, 2002, and recorded in OR Book 2108, Pages 87 through 88 - Public Records of the Clerk of Court of Lake County, Florida, on May 2, 2002.
Satisfaction of Judgments
Request to approve and authorize signatures on the following:
a. Satisfaction of Judgment - In the Interest of: Samuel Delacruz, a child - the sum of $50.00 releases and discharges the Final Judgment Assessing Attorney’s Fees and Costs against the minor Samuel Delacruz and his parents Barnabe Delacruz and Angilica Delacruz, which was entered on the 9th day of August, 1989, and recorded in OR Book 1023, Page 1923 of the Public Records of Lake County, Florida.
b. Satisfaction of Judgment - State of Florida vs. William Eugene Kyle - Case No. 9902022CFA01 - the sum of $750.00 releases and discharges the Final Judgment Assessing Attorney’s Fees and Costs against William Eugene Kyle, which was entered on the 15th day of November, 1999 and recorded in OR Book 1782, Page 1657 of the Public Records of Lake County, Florida.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stivender explained that Addendum No. 1 is a request to transfer $2,500.00 to purchase 10,000 small flags that they will be using at the Washington’s Birthday parade. She stated that the Board will be celebrating the fact that the troops are coming home, and the troops will be in the parade.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, and Addendum No. 1, as follows:
Budget Transfer/Landfill Enterprise Fund/Medical Leave and Major Illness
Request from Budget for Budget transfer – Landfill Enterprise Fund, Department of Environmental Services, Residential Drop-offs Division, in the amount of $34,155.00 is requested. Transfer $34,155.00 from Reserve for Operations to Contractual Services. Funds are needed for temporary services due to staff medical leave and major illness of assigned staff in MIS/Scales. Funds available in Reserve for Operations.
Budget Transfer/Greater Groves MSBU Fund
Request from Budget for Budget transfer – Greater Groves MSBU Fund, Office of Budget, Assessments Section, in the amount of $12,000.00 is requested. Transfer $12,000.00 from Special Reserve to Contractual Services. The Board of Directors of the Greater Groves Homeowners’ Association has submitted a request for funds for additional costs for renovations in the subdivision. Funds available in Special Reserve.
Clerk’s Office/Criminal Court Costs
Request from Budget for approval of request from the Clerk’s Office for payment of Criminal Court costs for December 2003. The request exceeds the County Manager’s approval limit of $25,000.00. Total payment is for $37,344.00.
Budget/Impact Fees/Advertise Ordinance
Request from Budget/Impact Fees for approval to advertise Ordinance amending Chapter 22, Lake County Code, Impact Fees to standardize formatting, clarify language, add categories to the Transportation Impact Fee Schedule and add alternative methods for right-of-way valuation.
Library System Adult Literacy
Request from Community Services for approval to solicit donations and monetary support for the Lake County Library System Adult Literacy.
Change Order/Road Project/Lake Emma Road
Request from Public Works for approval and authorization to execute change order #3 to the Lake Emma Road Widening & Resurfacing Phase II Project Number 2003-05 in the amount of $8,711.55 for additional work related to the project.
Final Plat/Village at Black Bear, Unit 1 Subdivision
Request from Public Works for approval and authorization to accept the final plat for Village at Black Bear, Unit 1 Subdivision and all areas dedicated to the public as shown on the Village at Black Bear, Unit 1 Subdivision plat. Unit consists of 26 lots – Commission District 5.
Final Plat/Village at Black Bear, Unit 2 Subdivision
Request from Public Works for approval and authorization to accept the final plat for Village at Black Bear, Unit 2 Subdivision and all areas dedicated to the public as shown on the Village at Black Bear, Unit 2 Subdivision plat. Unit consists of 37 lots – Commission District 5.
Final Plat/Village at Black Bear, Unit 3 Subdivision
Request from Public Works for approval and authorization to accept the final plat for Village at Black Bear, Unit 3 Subdivision and all areas dedicated to the public as shown on the Village at Black Bear, Unit 3 Subdivision plat. Unit consists of 10 lots - Commission District 5.
Final Plat/Village at Black Bear, Unit 4 Subdivision
Request from Public Works for approval and authorization to accept the final plat for Village at Black Bear, Unit 4 Subdivision and all areas dedicated to the public as shown on the Village at Black Bear, Unit 4 Subdivision plat. Unit consists of 25 lots – Commission District 5.
Escrow/Venetian Village Estates Subdivision
Request from Public Works for approval and authorization to release an escrow amount of $4,557.00 that was posted for maintenance of the Venetian Village Estates subdivision. Subdivision consists of six lots – Commission District 3.
Final Plat/Vista Pines Subdivision/Letter of Credit/Developer’s Agreement
Request from Public Works for approval and authorization to accept the final plat for Vista Pines Subdivision, and all areas dedicated to the public as shown on the Vista Pines plat; accept a Letter of Credit for Construction of Improvements in the amount of $298,892.00; accept a Developer’s Agreement for Construction of Improvements between Lake County and Ladd Development, Inc. Subdivision consists of 50 lots – Commission District 2.
Final Plat/Regal Ridge Subdivision/Letter of Credit/Developer’s Agreement
Request from Public Works for approval and authorization to accept the final plat for Regal Ridge Subdivision, and all areas dedicated to the public as shown on the Regal Ridge plat; accept a Letter of Credit for Construction of Improvements in the amount of $98,307.00; accept a Developer’s Agreement for Construction of Improvements between Lake County and Ladd Development, Inc. Subdivision consists of 25 lots – Commission District 2.
Bids/Sidewalk Project/County Road 48
Request from Public Works for approval and authorization to advertise for bids for Countywide Sidewalk Project Number 2004-07 at the estimated cost of $217,000.00 from the Infrastructure Sales Tax Fund, and $126,000.00 from the FDOT LAP Fund for the construction of the sidewalk on County Road 48.
Joint Participation Agreement/FDOT/US 441 and CR 44/Resolution
Request from Public Works for approval and signature on the Joint Participation Agreement between Florida Department of Transportation and Lake County to provide design and construction services to modify the existing traffic signal at the intersection of US 441 and CR 44 and approval and signature on Resolution 2004-18 authorizing the Chairman to sign the JPA.
FDOT/Joint Participation Agreement/Lake-Sumter MPO
Request from Public Works for approval and signature on the FDOT Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement which will enable Lake-Sumter Metropolitan Planning Organization to coordinate and carry out the planning and programming for the planning area.
ADDENDUM NO. 1
Transfer from Reserves/Flags/Eustis Chamber of Commerce/Washington’s Birthday
Request from County Manager for approval of the transfer of $2,500.00 from Reserves for Operations to purchase 10,000 small flags for the Eustis Chamber of Commerce annual Washington’s Birthday parade and festival on February 28, 2004.
Mr. Sandy Minkoff, County Attorney, noted that staff is going to incorporate the changes to the Impact Fee Committee ordinance that were discussed at the Board meeting last Friday, and they will be in the ordinance when it is brought back for advertising. In terms of a schedule, after meeting with Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, staff will be bringing back the resolution changes at the next Board meeting; they are anticipating the ordinance changes at the second meeting in March.
PERSONAL APPEARANCES/PRESENTATIONS
EMPLOYEE AWARDS
Ms. Sharon Wall, Human Resources Director, presented information on the following employees, as Commr. Stivender presented the awards:
Presentation of Award to Employees with Five Years of Service
Mary Ann Kuchera, Library Assistant, Community Services/Library Services
Phyllis J. Miller, Animal Euthanasia Technician, Public Safety/Animal Control (not present)
Deborah A. Miller, Office Associate III, Public Works/Special Services/Mosquito Aquatic Plant Management
George E. Williams, Plans Examiner, Growth Management/Building Services/Main Office
Presentation of Award to Employee with Ten Years of Service
Libby Steele, Office Associate III, Public Safety/Emergency/Trust Fund (not present)
Donna L. Gray Williams, Librarian III, Community Services/Library Services
Carolyn L Szucs, Office Associate IV, Community Services/Library Services
Mitchell M. Montgomery, Energy Maintenance Technician, Public Works/Special Services/Facility Maintenance (not present)
Presentation of Award to Employee with Fifteen Years of Service
Braxton J. Bixceglia, Fire Lieutenant, Public Safety/Fire & Rescue (not present)
Timothy L. Crow, Firefighter Paramedic, Public Safety/Fire & Rescue
Karen L. Chester, Associate Planner, Growth Management/Planning & Development
Presentation of Award to Employee of the Quarter – 4th Quarter
Don Lally, Plans Examiner II, Growth Management/Building Services/South Lake Annex
Presentation of Award to Supervisor of the Quarter – 4th Quarter
Tom Osebold, Veterans Service Director, Community Services/Veterans Services
ACKNOWLEDGMENTS
Commr. Stivender recognized former Sheriff Noel E. Griffin who was present in the audience.
PRESENTATION -
THE CENTRAL FLORIDA TRAUMA CENTER TASK FORCE
FINAL REPORT DATED DECEMBER 17, 2003
Ms. Dana Loncar, Director of Government Relations for Orlando Regional Health Care, addressed the Board and stated that Orlando Regional Health Care serves in the staff support capacity for the Central Florida Trauma Center Taskforce (Taskforce), and she is here today to report the findings of the Taskforce. She noted that the Board members had been presented with a copy of the presentation. Ms. Loncar stated that she will recap actions taken last year to provide short term funding for the Trauma Center; describe the composition and purpose of the Taskforce; report their final recommendations; and update them on the efforts at the statewide level to obtain long term Trauma Center funding. She will also be asking the Board to pass a resolution supporting the findings of this Taskforce and the Report.
Ms. Loncar stated that the last week of February, 2003, Orlando Regional Health Care notified the five counties and their primary service area, Orange, Osceola, Seminole, Lake, and Sumter Counties, that it was closing its Level I Trauma Center effective April 1, 2003 due to physician on call availability and financial losses. The Orlando Regional Health Care came forward with a plan to maintain Level I Trauma Care in their community, with Orlando Regional Health Care contributing $2 million; Orange County - $1.9 million; and the four other counties contributing a collective $1.9 million. The proposed contributions would have totaled $5.8 million, and it would have helped sustain the Trauma Center through September 30, 2004. Ms. Loncar stated that Lake County approved a $600,000 contribution to Orlando Regional Health Care to help keep the Trauma Center operational, as a short term solution, and she was pleased to report that they do anticipate to be fully operational through September 30, 2004. This would provide time for Orlando Regional Health Care to work for a long term plan that would include state funding for the Trauma Center. Additional funding was received from the following counties: Orange - $1.9 million; Osceola - $600,000; Sumter - $100,000; and Seminole did not make a contribution to this interim plan. The combined contributions from those counties equal $3.2 million; Orlando Regional Health Care contributed $2 million; for a grand total of $5.2 million.
Ms. Loncar explained that the Taskforce was convened by the Legislative Delegation Chairs from the five county service area, in early November, 2003. The Delegation Chairpersons, Representative Andy Gardiner, Orange County; Representative Frank Atkisson, Osceola County; Representative David Simmons, Seminole County; Senator Anna Cowin, Lake County; and Representative Hugh Gibson, Sumter County, charged the group of 23 public and private stakeholders with identifying potential long term funding options to sustain Level I Trauma Care at Orlando Regional Medical Center (ORMC). Lake County was represented on the Taskforce by Mr. Gary Kaiser, Public Safety Director, and Mr. Bob McKee, Tax Collector. Mr. Doug Rahn, Vice President and COO of Leesburg Regional Hospital, and Mr. George Kimbro, Chief Financial Officer, South Lake Hospital, also represented their respective hospitals on a Technical Advisory Committee to the Taskforce. They agreed that Level I Trauma Care was vital for their region, and ORMC estimated that those costs for Fiscal Year 2005 would be approximately $13.5 million. Ms. Loncar explained that Orlando Regional Health Care has been providing this costly service to the community for 20 years but, as costs rose dramatically, they could not continue to provide these services without assistance. The Taskforce agreed that Trauma Care is worthy of public funding, and they reviewed a variety of factors surrounding this issue. The following recommendations were agreed upon by the Taskforce:
Taskforce Recommendations
• Trauma care system funding is the responsibility of the state
• Legislative Delegations should support efforts of the Statewide Trauma Alliance
• Additional funds must not serve as a substitute to current state funding
• Orlando Regional Healthcare will underwrite not less than 20% of trauma center operating losses
• Balance of operating losses absorbed by a 50/50 split between state/local counties
• Aggregate of state/local funding capped at $5 M each year for first 2 years
• Operating losses reviewed/verified annually by independent third party
• Legislative Delegations in trauma service area should sponsor/support legislation:
► Authorizing local revenue-generating options for counties
► Potential options include gas tax, additional fees on vehicle registrations or driver’s licenses
• Regional funding commitment required:
• Counties within trauma service area to enter into an interlocal agreement
► Counties’ collective share contingent on state providing revenue-generating options
► Each county’s share based on the number of licensed drivers
► Each county to choose own funding mechanism
• Oversight/accountability necessary:
• System must segregate cost of trauma center from other hospital operations
• Annual operating statement required
• Fair market value analysis of trauma center physician on-call pay by an independent third party
• Regional Technical Advisory Board established:
• Verify annual surpluses and losses
• Review public funding cap
• Review fair market value analysis of trauma center physician on-call pay
• Legislative Delegations of trauma service area should propose/support legislation that would:
• Limit all liability for medical malpractice to $100,000/$200,000 for designated trauma centers and physicians involved in trauma care
• Examine realigning the 19 trauma service areas with the Domestic Security areas
• Five counties in trauma service area and organizations on the Central Florida Trauma Center Taskforce should:
• Place long-term funding for trauma center a priority on their 2004 Legislative agendas
Ms. Loncar stated that there have been two efforts to identify sources of permanent long-term funding for Trauma Care in Florida, one being the Regional Taskforce. There is also a Statewide Trauma Alliance, which is a partnership of all 20 trauma centers in the state who are advocating for recurring funding for the entire trauma system. Within the last few weeks they have kicked off a statewide grassroots campaign to help bring awareness to the need for dedicated funding for trauma. Currently there are several pieces of legislation that could potentially help fund trauma care in the state, SB 1496 - Bad Driver Legislation; and HB 65 - Red Light Violations. There is also a $126 million line item in the state budget to fund the trauma system.
Ms. Loncar requested that the Board accept the Central Florida Trauma Center Taskforce final report, and the recommendations included in that report, and to approve the resolution encouraging support from the legislature for the recommendations of the Taskforce.
Commr. Pool wanted to know, in the event they were to come up with an idea like drivers licenses, if there is a figure that says that every four years, on a per capita basis, it would cost this much to fund it.
Ms. Loncar noted that the figure is not available at this time, but they have been able to look at the number of registered drivers in the respective counties and, as a general statement, it runs very congruent with the portion of population in the region, and it would probably not be more than $2.5 million.
Commr. Pool felt that it was a good idea to have the offenders who are creating the trauma center need, such as those who run the red lights, to pay for that need.
Commr. Hanson stated that those who are visitors in the County would also be taxed , as well as the property owners that are here. She wanted to know the reasoning behind Seminole County’s decision to not help with the funding.
Ms. Loncar explained that Seminole County did not technically turn it down, because they never took any action on it at all, but she could assure the Board that the Seminole County Manager, who served on the Taskforce, supports these recommendations, and he feels very confident that, in the long-term, if the state comes forward with a contribution, Seminole County would participate at that point.
Commr. Cadwell stated that, in his research on the funding that is tied to traffic tickets, they can anticipate that this would not completely fund Lake County’s portion, and the Board needs to be aware that they would still have to look for other sources of funding. He wanted to take the opportunity to thank the hospitals for stepping forward in this budget year to help get them to this point and that the Board greatly appreciates their participation.
Ms. Loncar explained that Orange County was the first county to approve this issue by resolution, and all of the other four counties have approved a resolution, with the understanding that it does not bind them to anything; they are just sending a message to the legislature that they would like to see them step forward and fund the trauma system.
Commr. Hill had questions about some of the language in the sample resolution, such as the additional fees (10%) that were to be funded by the hospitals in Lake County, and she wanted to know if the 10% was to be paid by each hospital, or it was a total of 10%, and she wanted to know the cost that the 10% would be applied to.
Commr. Stivender noted that Mr. Dan Robuck, LRMC, and Mr. Steve Richey, Florida Hospital, were present for the discussion.
Commr. Hill continued by saying that the 10% of total cost could change from year to year, and she is not sure that she wants to be locked into a percentage, because she does not know what the cap is today.
Ms. Loncar explained that the Taskforce, in their recommendations, had said that any public funding cap would be set at $5 million for the first two years, and their intent was the exact same concern being expressed by Commr. Hill, with ORMC picking up the balance.
Commr. Hill felt that the state legislature created trauma districts, and the state needs to fund them. She referred to the language in Section 2. a., and stated that the County has regional water districts that take care of protection of water, and they have taxing authorities, and she wanted to know if there was any way they could set up something legislatively where they would have taxing districts for trauma care.
In reviewing the language in the resolution that was pointed out by Commr. Hill, Ms. Loncar explained that the state created the trauma system, and they should fully fund the needs of the system; if the state cannot fully fund it, the Taskforce recommendations would be to support legislation that would mandate the state to participate in a matching fund, and that would include the state providing 50%, or $2.5 million, and the collective local counties providing $2.5 million to equal that $5 million public cap, with ORMC picking up the balance of the need.
Commr. Hill stated that, as Commr. Cadwell had pointed out, she did not know if the County could generate enough to meet that matching fund, so they would then have to go into the general fund, or their reserves, to meet that match. If it was left totally within the state purview, to set up districts to tax for that need, that would be their option, and then they can tax according to their needs.
Ms. Loncar explained that the state always has that option, and there are currently trauma service areas where the state could attach a taxing authority to those districts, but she did not believe this was on the table at this time.
Commr. Hill referred to Section 3. a. in the sample resolution and stated that she did not believe they have the local revenue generating ability to come up with the money they need and, under Section 3. b, she really feels that it is up to the state legislation, lawyers, doctors, hospitals, and insurance, to decide the sponsoring of the medical malpractice, because she did not feel it was a local issue.
Commr. Hanson felt that, even though the resolution allows the County to come up with options for a solution, if the option is there for something other than state funding, the state will not come up with the entire required amount of money.
Commr. Cadwell made a motion, which was seconded by Commr. Pool, to accept the recommendations and final report of the Central Florida Trauma Center Taskforce, and Resolution 2004-19, in support of those recommendations, as presented.
Under discussion, Commr. Stivender recognized Mr. Gary Kaiser, Public Safety Director, who appreciated the opportunity to serve on the noted committee. Commr. Stivender stated that she also wanted to thank Mr. Bob McKee, Tax Collector, for serving on that same committee.
Commr. Stivender called for a vote on the motion, which was carried by a 4-1 vote.
Commr. Hill voted “no”.
PRESENTATION -
PROCLAMATION - NATIONAL ENGINEERS WEEK IN LAKE COUNTY
Mr. Jim Stivender, Director of Public Works, appeared before the Board, with six County engineers, to accept the Proclamation for National Engineers Week in Lake County. Mr. Stivender stated that, since 1996, staff from this County, and other counties, have been meeting with eighth grade students and science classes and making one day presentations about being an engineer and promoting further education beyond high school. They will be volunteering their time again in February.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved and authorized signatures on Proclamation 2004-20 declaring the week of February 22 through 28, 2004 as National Engineers Week in Lake County.
Mr. Stivender noted that the National Association of County Engineers (NACE) 2004 Convention will be held April 4-8, 2004. He noted that Ms. Jackie Droz, Senior CAD Technician, has developed a poster that they have been using nationally, and the poster will be placed in as many places as possible at the Rosen Plaza Hotel in Orlando, for the convention.
Commr. Stivender noted that Mr. Greg Mihalic, Director of Economic Development/Tourism is helping with the event, so that Lake County is well advertised.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board with questions, comments, or concerns.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
BOND REFERENDUM RESOLUTION/LAND ACQUISITION
Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, addressed the request from Growth Management for approval of the scheduling of a Bond Referendum Resolution for the Issuance of Limited General Obligation Bonds for Acquisition, Improvement and Management of Land for Clean Water Protection, Over-development Prevention and Natural Area Preservation, for the November 2, 2004 General Election. Mr. Welstead noted that Mr. Will Abberger from Trust for Public Lands was present and has reviewed the resolution, and it had also been reviewed by the County bond council. The resolution reflected changes from bond council, and Mr. Welstead pointed out that Section 2. b. includes a tasking to the Public Lands Advisory Council to provide the Board, by the end of April, with a summary of the programs, so staff would have something to take to the public as an education matter. There is also a provision in the ballot language that was drafted that would include an “annual independent audit” but bond council had some concerns with the language. Mr. Welstead proposed that the language be changed to “expenditure review” or something in those terms, because that was an important issue for individuals, as shown in the survey that was conducted on this issue.
Mr. Bill Neron, County Manager, explained that, with the one-cent sales tax, the Board created a Sales Tax Oversight Committee. He noted that this committee meets twice a year, and they have an annual meeting with a report on how the money was spent.
Commr. Stivender questioned whether the item before the Board today was something that the Sales Tax Oversight Committee could review.
Mr. Sandy Minkoff, County Attorney, pointed out that the language in Section 2 contains the language even though it is not included in the ballot verbiage itself. He noted that Mr. Tom Giblin, Nabors, Giblin & Nickerson, had suggested that this language be taken out of the ballot question, because they already get an annual audit of the funds. He noted that the sales tax issue was done by ordinance.
Mr. Neron stated that the Public Lands Acquisition Council will be ongoing and they could report annually to the Board on the progress and expenditures. He felt that there are adequate safeguards, as mentioned by Mr. Minkoff, with the independent audit, and these County funds will be included as part of that audit.
Mr. Welstead stated that he would like clarification of the language in Section 2. c. “including provision of annual verification of the appropriate use of said monies” so that staff can make sure that the public understands the intent.
Mr. Will Abberger, Trust for Public Lands, stated that the issue here is one of government accountability, and it is their strong feeling that there needs to be some reference to government accountability in the actual ballot language. He stated that it is fine that it is included in the resolution, or ordinance, but most voters are not going to read either document. He stated that review by the Sales Tax Oversight Committee would be good; the annual independent audit is important to the voters; so one or the other would be good, but he feels it is important to have it in the ballot language, even though they do understand the concerns of bond council. He stated that this language has been used by other counties in Florida, and it has never been challenged.
Mr. Minkoff stated that, if the Board is going to change the ballot language today, he would recommend that the Board postpone action, because they do not want to put forth anything that has not been presented to bond council.
It was the consensus of the Board to postpone action on the Bond Referendum Resolution for land acquisition, to allow staff to look at additional language.
Mr. Abberger explained that the $36 million is based on one third of a mill property tax increase, which corresponds to about $2.75 a month tax increase for citizens in Lake County. The total amount over 20 years would be $36 million of County funds, which is their projection, but there are other variables in there where it may generate even more money. He pointed out that one of the great advantages that they have here in Florida is that the state does have a lot of matching funds out there, as well as the St. Johns River Water Management District, so they should be able to double, if not triple, whatever funding they are able to generate by matching it with state and other monies.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved to postpone the request from Growth Management, to schedule a Bond Referendum Resolution for the Issuance of Limited General Obligation Bonds for Acquisition, Improvement and Management of Land for Clean Water Protection, Over-development Prevention and Natural Area Preservation, for the November 2, 2004 General Election, until the February 17, 2004 Board meeting, to allow staff time to work on the language.
Commr. Hanson stated that she would like to say that the Board often gets criticized because, in the press, particularly in “The Orlando Sentinel”, it talks about the Commission merely voting on issues that the staff brings before them. She stated that staff has been outstanding working on this project, but it was certainly not a staff driven issue; it is one that they have all been working on and staff has been supportive of it. She appreciates all of the help they received from Mr. Welstead and Mr. Abberger.
OTHER BUSINESS
APPOINTMENTS/INDUSTRIAL DEVELOPMENT COUNCIL
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the following appointment of individuals to vacant positions on the Industrial Development Authority: Reappointments - P. Shannon Elswick, Frank Gammon, Carl Lunderstadt, J. Cecil Shumacker, and Billy Spikes; New appointment - Kristen Bartch.
CULTURAL AFFAIRS COUNCIL
On a motion by Commr. Pool, seconded by commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Jim Korp to the Cultural Affairs Council, to complete an unexpired term ending September 30, 2005.
REPORTS - COUNTY ATTORNEY
MERGER OF FLORIDA RECYCLING SERVICES, INC.
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request from the County Attorney for approval of merger of Florida Recycling Services, Inc. with Waste Services, Inc.
REPORTS - COMMISSIONER HILL - DISTRICT #1
ESPN CITGO BASSMASTER TOURNAMENT
Commr. Hill noted that the ESPN Citgo Bassmaster Tournament was held over the weekend, and the Leesburg High School Athletic Department ran the concession stands both days and did very well. She appreciated their work, as well as Commr. Stivender’s participation in the event.
Commr. Stivender noted that the Tourist Development Council (TDC) worked with the City of Leesburg on the event.
REPORTS - COMMISSIONER POOL - DISTRICT #2
EVENTS/PIG ON THE POND
Commr. Pool asked the Commissioners to mark their calendars for the “Pig On The Pond” event in South Lake County, to be held on March 12-13, 2004.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
WEKIVA COORDINATING COMMITTEE
Commr. Hanson updated the Board on the Wekiva Coordinating Committee noting that there will be one more meeting for legislative verbiage. She stated that she would be glad to answer any questions from the Board about what they have read in the paper. Commr. Hanson stated that the process worked very well, even though no one was completely happy, but that is the way the process works in consensus building. She stated that they addressed the needs of the City of Eustis, and the City of Mount Dora, because they will be facing an economic impact when they have already put in much of their infrastructure, and that burden will be on the backs of the folks that live in those cities, because they have already been bonded out. They had good staff support, with Mr. Jim Stivender, Director of Public Works, Mr. Sandy Minkoff, County Attorney, and Mr. Gregg Welstead, Deputy County Manager/Growth Management Director, being there. One exciting thing that came out of those meetings is that the County stands to receive some funding from Washington to help with a water system in Shockley in the Ocala National Forest, and also funding for Wekiva Falls for a water system in that subdivision that is right along the river and has saltwater intrusion. The question had been asked as to whether the County had considered Seminole County providing a sewer system in that area. She stated that Seminole County was at the table, as well as the state agencies, and the point was made that, if they were going to re-do the road over the Wekiva, that would be the time to provide access to Seminole County utilities, both water and sewer, at the same time and, as it turned out, Yankee Lake in Seminole County has some restraints on state agencies, so perhaps with everybody working together, the state agencies, Seminole County, and Lake County, they can perhaps get some lift of the restrictions on Yankee Lake to provide the utilities in that area; it does not open it up for more development; the development is there; but it does remove septic tanks from the river, and it provides better water for that area.
THE ORLANDO SENTINEL
Commr. Hanson stated that she wanted to ask Mr. Sandy Minkoff, County Attorney, to respond to an article that was in the paper, even though she knows that the Board does not normally do this but she was personally offended by the severe accusations made by a reporter, Ms. Lauren Ritchie, with “The Orlando Sentinel” about the School Board and the County Commission, and the indication of some criminal activity, but nothing specific. She found it to be completely unacceptable and she knows that the Board members are limited on what they can respond to legally, but she thought it might be helpful to the public to know what the Board can and cannot do.
Mr. Sandy Minkoff, County Attorney, reminded the Board that they have a pending case that is coming before them involving the property, as noted in the article, and it is also a quasi-judicial issue for them. He addressed the issue of slander but noted that he could not tell from reading the article whether the reporter was talking about the Commission, or the School Board, or the developer, in the case, but the total actions by this Board has been in regards to the two rezonings, one for the School Board, and one for the property owner, and now the third case will be coming to them. He pointed out that, as public officials, it is hard to slander them, but allegations of criminal activity, if they were not true, probably could be actions individually for slander against the newspaper, or against an individual writer who wrote them.
RURAL AFFAIRS AND URBAN AFFAIRS
Commr. Hanson asked that the item regarding the discussion of State Representative Will Kendrick’s request for support of the formation of the Rural Affairs Subcommittee and the Urban Affairs Subcommittee be withdrawn from the agenda.
REPORTS - COMMISSIONER CADWELL - DISTRICT #5
WEKIVA COORDINATING COMMITTEE
Commr. Cadwell extended his appreciation to Commr. Hanson for her service on the Wekiva Coordinating Committee.
Commr. Hanson extended her appreciation to Commr. Pool for serving on the Working Committee and noted that both committees accepted the Resolution of this Board.
Commr. Pool stated that there was a great deal of effort on both sides, and it was an important issue for them all and common good will come from the building of that consensus.
Commr. Hanson stated that it was very important to connect the two roads to complete the beltway that was begun in the late 1980s, the Wekiva Parkway and the re-routing of State Road 46 around the community because, if it had gone through Mount Plymouth and Sorrento, there would have been no community, and it would have been purely residential with no ability to provide the limited services that are there.
Commr. Pool stated that he wanted to congratulate the citizens’ group and, even though they may not always agree, it is a forum and a process, with communication being the key.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3
VIOLA DAYS/PROCLAMATION
On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2004-21 designating the month of February as Viola Days to honor those whom died or were disabled during the war.
ESPN CITGO BASSMASTER TOURNAMENT
Commr. Stivender stated that Commr. Hill had brought up the ESPN Citgo Bassmaster Tournament that was held in Venetian Gardens and in Hickory Point, and this year the Water Authority aided in that event, along with the Board of County Commissioners, and the City of Leesburg. The Tournament will be shown on ESPN2 Saturday, at 10:30 a.m. She stated that there are some beautiful bass coming out of these lakes, so all of the efforts from the Harris Chain of Lakes, the Water Authority, the Board, and all of the other agencies, are benefitting the lakes and fish.
BOARD MEETINGS
Commr. Stivender reminded the Board that there will be no meeting next week, because there are no items for their workshop day. There will be a regular Board meeting on February 17, 2004, with the Capital Improvement Program (CIP) workshop being scheduled for that day. She informed staff that she would like to have the entire meeting held in the Board Meeting Room, so it can all be televised.
MOUNT DORA ART FESTIVAL
Commr. Stivender noted that the Mount Dora Art Festival was very good this year, in spite of the weather, and there was a great turnout.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:03 a.m.
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DEBBIE STIVENDER, CHAIRMAN
ATTEST:
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JAMES C. WATKINS, CLERK