A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JUNE 15, 2004
The Lake County Board of County Commissioners met in a regular session on Tuesday, June 15, 2004, at 9:00 a.m., in the Board of County Commissioner’s Meeting Room, on the second floor of the Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Catherine C. Hanson; Welton G. Cadwell; and Robert A. Pool. . Others present were: Sanford A. “Sandy” Minkoff, County Attorney; William “Bill” Neron, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioner’s Office; and Toni M. Riggs, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Mr. Bill Neron, County Manager, requested that Tab 26 (Orange Tree Phase IV) and Tab 27 (Grand Island Oaks Phase1) relating to plats be pulled from the agenda, to be rescheduled to the June 29, 2004 meeting.
Mr. Sandy Minkoff, County Attorney, pointed out that Tab 37 regarding the renewal of the Lake Sumter Emergency Medical Services, Inc. Certificate of Public Convenience and Necessity is actually a public hearing, and it should be held under the public hearing section of the agenda.
On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 11, 2004, Regular Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 18, 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 May 25, 2004, Regular Meeting, as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Tabs 1 through 10, as follows:
Request to approve Contractor Bonds, New, Riders, and Stipulation, as follows:
5517-04Steven Harvard d.b.a. Sunrise Electric of Central, FL, Inc.
6182-04Roger N. Guimond d.b.a. Clermont Electrical Services, Inc.
6183-04William C. NeSmith d.b.a. Light Bright Electric, Inc.
6184-04Green Tag Electric/Timothy J. Siddons
6185-04Eugene Marrs/Simplicity Landscaping (Irrigation)
6186-04Roger Sebree d.b.a. Roger Sebree, LLC
6187-05Nathan Slomowicz of Landscape Systems, Inc.
6188-04Lyle Kimpling d.b.a. Florida Landscape Service, Inc.
4012-04Principal’s name changed from William T. Dalton III & Dennis Smith d.b.a. Dalton & Owens Electric Services to William T. Dalton III & Dennis Smith d.b.a. Dalton & Owens Electric Services, Inc.
6083-04Principal’s name changed from Brown’s Arctic Air, Inc. to Robert E. Brown d.b.a. Brown’s Arctic Air, Inc.
6114-04Principal’s name changed from James Milow d.b.a. James Milow Irrigation to James Milow Irrigation, Inc.
152-04 Principal is amended to Monn Construction, Inc. and
Bill J. Monn
4628-04Daniel R. Herndon d.b.a. Star Management
5775-00Robert W. Binns Rorbus
List of Checks or Warrants
Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06(1) 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.
Non-Capitalized Asset Transfer/Sumter County Clerk’s Office
Request to approve Non-Capitalized Asset Transfer of various sized roller shelving sections to the Sumter County Clerk’s Office - request to declare items surplus and to donate to Sumter County Clerk’s Office.
Satisfaction and Release of Fine/Alfred Atchley
Request to approve and authorize signatures on Satisfaction and Release of Fine fully releasing and discharging Alfred Atchley from Order of Fine, in the amount of $250.00, dated March 6, 2003, and recorded in OR Book 2300 Pages 1512 through 1513 of the Public Records of the Clerk of Court of Lake County, Florida, on April 17, 2003.
Satisfaction of Judgment/Dwayne Jay Byars
Request to approve and authorize signatures on Satisfaction of Judgment - State of Florida vs. Dwayne Jay Byars, Case No. 8900594CFC01, in the amount of $750.00, Final Judgment entered on the 13th day of January, 1997, and recorded in OR Book 1490, Page 1252, of the Public Records of Lake County, Florida.
Public Service Commission
Request to acknowledge receipt - Before the Public Service Commission, in re: Petition for approval of revised underground residential distribution tariffs by Progress Energy Florida, Inc., Docket No. 031122-EI, Order No. PSC-04-0529-TRF-EI, Issued May 24, 2004, Order Approving Tariff Revisions, dated May 24, 2004; and Notice of Further Proceedings.
City of Mascotte/Ordinance
Request to acknowledge receipt - from the City of Mascotte, the revised copy of Ordinance No. 2004-04-355 adopted by the City Council of the City of Mascotte on May 10, 2004, pertaining to the creation of a countywide municipal service taxing unit (MSTU) for ambulance and emergency services.
City of Leesburg/Ordinance
Request to acknowledge receipt - Ordinance No. 04-30 - City of Leesburg, Florida, Annexing Certain Real Property Consisting of Approximately 26.26 Acres and Being Generally Located South of U.S. Highway 441, in the Area of the Leesburg Regional Airport, as further described, passed and adopted at the regular meeting of the City Commission of the City of Leesburg, Florida, on the 24th day of May, 2004.
City of Tavares/Ordinances
Request to acknowledge receipt of the following annexation ordinances from the City of Tavares:
Ordinance 2004-06 - approximately 67.74 acres located on the western side of Camp Road, approximately twelve hundred feet (1,200') north of Lane Park Road, as further described, passed and ordained the 5th day of May, 2004,by the City Council of the City of Tavares, Florida.
Ordinance 2004-08 - approximately 28.04 acres located on the south side of Dead River Road, contiguous to the west of the Tavares Cemetery, and rezoning 2.20 acres of adjacent property within the City’s jurisdiction from the City of Tavares, as further described, passed and ordained the 5th day of May, 2004,by the City Council of the City of Tavares, Florida.
Ordinance 2004-10 - approximately 8.04 acres located on the western side of Lake Industrial Boulevard, approximately 1,000 feet south of County Road 448, as further described, passed and ordained the 5th day of May, 2004,by the City Council of the City of Tavares, Florida.
Ordinance 2004-12 - approximately 19.34 acres located on the southeast corner of the intersection of State Road 19 and Lake Park Cutoff Road, as further described, passed and ordained the 5th day of May, 2004,by the City Council of the City of Tavares, Florida.
City of Eustis/Ordinances
Request to acknowledge receipt of the following annexation ordinances from the City of Eustis:
Ordinance 04-07 - annexing approximately 0.40 +/- acres located on the south side of North Palmetto Circle, as further described, and an agreement with Louise F. and Josephine Bigelow, passed, ordained and approved by the City Commission on the 20th day of May, 2004.
Ordinance 04-15 - annexing approximately 5.3 +/- acres located at Abrams Road, as further described, and an agreement with Ed Jones, passed, ordained and approved by the City Commission on the 20th day of May, 2004.
Ordinance 04-19 - annexing approximately 8.3 +/- acres located at Mt. Homer Road, as further described, and an agreement with Thomas E. Jackson, the applicant for Sprint/dba Florida Telephone Corporation, passed, ordained and approved by the City Commission on the 6th day of May, 2004.
Ordinance 04-21 - annexing 2 parcels comprising approximately 0.56 +/- acres located at the east side of Jefferis Court, south of Washington Avenue, as further described, Jefferis Estates Lot 23, Jefferis Estates Lot 24, passed, ordained and approved by the City Commission on the 20th day of May, 2004.
Ordinance 04-23 - annexing approximately 0.28 +/- acres located at the east side of Jefferis Court, south of Washington Avenue, as further described, Jefferis Estates Lot 20, passed, ordained and approved by the City Commission on the 20th day of May, 2004.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Cadwell requested that Tabs 7 and 28 be pulled for discussion; Commr. Hanson requested that Tab 6 be pulled for a brief discussion; and Mr. Sandy Minkoff, County Attorney, requested that Tab 4 be pulled for a brief discussion.
ADVERTISE ORDINANCE/ELDER AFFAIRS COORDINATING COUNCIL
Mr. Sandy Minkoff, County Attorney, referred to Tab 4, the request to advertise an Ordinance amending Ordinance 2002-40 that established the Lake County Elder Affairs Coordinating Council and stated that staff would like to suggest a wording change on Page 1, Line 36, to replace the words “county commissioner” with “county commission” because these are not individual appointments but commission appointments.
HUMAN SERVICES GRANT REVIEW COMMITTEE
Commr. Hanson referred to Tab 6 regarding the recommendation of the Human Services Grant Review Committee to fund six agencies who applied for funds and stated that she would like to see the list of agencies that applied but did not receive grants.
Mr. Fletcher Smith, Director of Community Services, stated that there were only six agencies that applied for the funding, as noted in the backup.
SURPLUS ITEMS/FIXED ASSET SYSTEM
Commr. Cadwell referred to Tab 28 regarding the items on the surplus list and stated that he would like the Board to go ahead and declare the items as surplus, but he would like to pull the 2001 GMC Yukon listed under Public Safety from the auction list, which he has already discussed with Mr. Bill Neron, County Manager.
Commr. Cadwell referred to Tab 7 regarding the request for a budget transfer, under Community Services, for the purchase of a vehicle and stated that he would like them to wait and analyze this particular vehicle (2001 GMC Yukon) and the need for it, as well as a couple of other departments and their needs for a vehicle, before they auction the Yukon, because there may be somewhere to transfer it.
Mr. Bill Neron, County Manager, explained that originally the Division of Housing & Community Development had a higher price vehicle in their request and, after staff review, it was determined that they could get by with a less expensive, light pickup truck to accommodate the equipment needed to perform the job.
Commr. Stivender questioned whether the County has a policy on how they handle vehicles when they are getting rid of them, and whether they ask other constitutional officers if they need any vehicle before they declare it as surplus.
Mr. Neron stated that staff is following the policy and did ask others if they had a need but this is unusual in the sense that a lot of times when they declare items as surplus, there is not much value, but there is some value to this vehicle.
Commr. Cadwell stated that he did not have a problem declaring the 2001 GMC Yukon surplus, but he did not want it to go to auction, until they can establish whether there may be a better use for it.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 29, pulling Tabs 26 and 27 to be rescheduled, and with the noted changes, and including Addendum No. 1, I.A.1., as follows:
Budget Transfer/Lake Eustis and Harris/Aquatic Plant Management
Request from Budget for approval of Budget Transfer – Aquatic Plant Management Fund, Department of Public Works, Special Services Division, Aquatic Plant Management Section, in the amount of $70,000.00 is requested. Transfer $70,000.00 from Reserve for Operations to Operating Supplies. Additional funds are needed in Operating Supplies to purchase aquatic herbicides to continue aquatic plant treatments on Lakes Eustis and Harris the rest of the fiscal year. As these herbicides are used and invoices are submitted, D.E.P. will reimburse Lake County 100%. Funds available in Reserve for Operations due to mid-year adjustment from cash carried forward from previous fiscal year.
Budget Transfer/Lakes Griffin, Harris & Eustis/Aquatic Plant Management
Request from Budget for Budget Transfer – Aquatic Plant Management Fund, Department of Public Works, Special Services Division, Aquatic Plant Management Section, in the amount of $2,450.00 is requested. Transfer $2,450.00 from Reserve for Operations to Machinery & Equipment. Funds are needed to purchase an aquatics herbicide spreader to apply herbicides in an efficient manner when treating Hydrilla on Lakes Griffin, Harris and Eustis. Funds available in Reserve for Operations due to mid-year adjustment from cash carried forward from previous fiscal year.
Budget Transfer/Astatula Phase I Landfill Closure/FDEP
Request from Budget for Budget Transfer - Solid Waste Closures and Long-Term Care Fund, Department of Environmental Services, Astatula Post Closure Division, in the amount of $17,790.00 is requested. Transfer $17,790.00 from Special Reserve to Professional Services ($15,790.00) and Other Current Charges & Obligations ($2,000.00). Funds are needed for professional services for preparation of an application to the Florida Department of Environmental Protection (FDEP) for a ten-year renewal of Astatula Phase 1 Landfill Closure permit. This project costs $15,790.00 and consists of four tasks. An additional $2,000.00 is needed for the permit renewal application fee. Funds available in Special Reserve.
Budget Transfer/LifeStream’s Child Care Choice Services
Request from Budget for Budget Transfer - General Fund, Department of Community Services, Citizens’ Commission for Children Division, in the amount of $9,505.00 is requested. Transfer $9,505.00 from Reserve for Operations to Aids to Government Agencies. The board of County Commissioners approved funding $20,000.00 for LifeStream's Child Care Choice Services local match at the May 18, 2004 BCC meeting. The Citizens’ Commission for Children has $10,495.00 in funds previously allocated to programs that will not be expended. An additional $9,505.00 is needed to fund the Child Care Choice Program per the BCC action. Funds available in Reserve for Operations.
Permission to Advertise Ordinance/Elder Affairs Coordinating Council
Request from Community Services for approval to advertise an Ordinance amending Ordinance 2002-40 that established the Lake County Elder Affairs Coordinating Council, to include a change on Page 1, Line 36, from “county commissioner” to “county commission”.
Ask A Librarian Partnership Agreement/Florida Department of State
Request from Community Services for approval and signature on Ask a Librarian Partnership Agreement with the Florida Department of State, Division of Library and Information Services.
Human Services Grant Review Committee/Funding Approvals
Request from Community Services for approval of the Human Service Grant Review Committee’s recommendation of funding six agencies who applied for funds to assist citizens of Lake County with a variety of human service needs for funding approval in the amounts of $10,000.00 for each agency; authorization for and signature on contractual agreements contingent on County Attorney approval; and signature on any subsequent related documents contingent upon County Attorney review and approval. The Agencies are Christian Social Services, Faith Neighborhood Center (formerly Clermont Neighborhood Center), Sunrise ARC, CITE – Lighthouse for the Visually Impaired, Faithful and True Ministries, and Lake Community Action Agency.
Vehicles/Division of Housing & Community Development
Request from Community Services for approval to transfer $24,500.00 from Program Cost to Machinery & Equipment line for the Division of Housing & Community Development in order to purchase a vehicle for staff to use in performance of their job duties and approval of the related budget transfer, with staff analyzing the type of vehicle that is needed for this department.
Orange County Housing Finance Authority/Bonds/Resolutions
Request from Community Services for approval to Ratify issuance by the Orange County Housing Finance Authority of certain Multi-Family Housing Bonds on behalf of Lake County for “The Cove at Lady Lake” and approval of related Resolution 2004-87, and “Harris Cove Apartments” and approval of related Resolution 2004-88.
Agreement/Covenant Coach, Inc./Jobs Growth Investment Trust Fund
Request from Economic Development and Tourism for approval of an Agreement between Lake County and Covenant Coach, Inc. for an award from the Jobs Growth Investment Trust Fund in the amount of $55,000.00 for the creation of 22 new positions and execution of all related documents.
Christopher C. Ford Commerce Park/Kelly Concepts, Inc. d.b.a Kelly Homes
Request from Economic Development and Tourism for approval of the sale of Lot 2C in the Christopher C. Ford Commerce Park to Kelly Concepts, Inc. d/b/a Kelly Homes at $50,000.00 per acre for approximately 5.26 acres and approval to execute all related documents.
Release of Fine/Wilmer D. & Elizabeth L. Bell
Request from Growth Management for approval and execution of Release of Fine for property owned by Wilmer D. and Elizabeth L. Bell, Case Number CEB 2003-06-0218.
Satisfaction and Release of Fine/John A. Anderson
Request from Growth Management for approval and execution of Satisfaction and Release of Fine for property owned by John A. Anderson, Case Number CEB 2003-06-0137.
Satisfaction and Release of Fine/Larry M. & Judith S. Farley
Request from Growth Management for approval and signature of a Satisfaction and Release of Fine for property owned by Larry M. and Judith S. Farley, Case Number CEB 156-00.
Request from Information Technology for approval of Addendum Number 5 to original Agreement for Metropolitan Area Network connection/service (MAN T-1) with SPRINT FLORIDA at 315 West Main Street and the Building Services Office in Clermont, dated August 8, 1999.
Transportation Disadvantaged Division/Med-Waiver Provider Program
Request from Program Analysis and Contract Management for approval for the Program Analysis and Contract Management, Transportation Disadvantaged Division staff to apply for the Department of Children and Families Med-Waiver Provider Program.
Resolution/County Road Maintenance System
Request from Public Works for approval to authorize and execute a Resolution 2004 - 89 accepting Quiet Lane (County Road Number 0665) (Special Assessment Project Number 97) into the County Road Maintenance system.
Request from Public Works for approval to accept two Drainage Easements, five Statutory Quitclaim Deeds, 14 Statutory Warranty Deeds and one Temporary Non-Exclusive Easement Deed that have been secured in conjunction with roadway and/or stormwater projects, as follows:
Hurlburt, Bruce A. and Jean - Aloha Way - RD# 7901 - OR 2578 PG 1396 - Maintenance Project
Whitehead, Everett L. and Nancy E. - Aloha Way - RD# 7901 - OR 2578 PG 1392 - Maintenance Project
Statutory Quitclaim Deed
Chester C. Fosgate Company - Citrus Tower Blvd. - OR 2546 PG 1682 - Road Project
Clark, Bruce Wayne and Christine - Palm Ln. - OR 2560 PG 0457 - Bassville Park S/A
Pfister, Jeffery M. - Fonseca Ln. - OR 2556 PG 1605 - Road Project
Martin, David L. And Lina F. - C-448 - RD# 3156 - OR 2543 PG 0432 - Donation
Stepp, John - Fonseca Ln. - OR 2546 PG 1686 - Road Project
Statutory Warranty Deed
Sigman, Hal C. - Jewell Dr. - OR 2552 PG 1473 - Road Project
Backer, Harold - Coronado Rd. - OR 2560 PG 0449 - Bassville Park S/A
Haase, Gregory (Trustee) - Belmont Ave. - OR 2574 PG 0822 - Bassville Park S/A
McMullen Sr., Lawrence K. - Belmont Ave. - OR 2568 PG 0275 - Bassville Park S/A
Liau, W. T. Paul (TR) - C-474 - RD# 0141 - OR 2524 PG 2340 - FDOT Access Easement
Lost Lake Reserve, L.C. - Citrus Tower Blvd. - OR 2560 PG 0453 - Road Project
Chester C. Fosgate Company - Citrus Tower Blvd. - OR 2546 PG 1678 - Road Project
Shaffner, William B. - Citrus Valley Rd. & E. Dewey Robbins Rd. - RD# 2729A/2739 - OR 2543 PG 0428 - Road Project
Moss, Ronald and Mei B. - CR450 & Rigdon Rd. - RD# 7850/8147 - OR 2556 PG 1601 - VP#1004
Petty, Donald R. And Jeannie - Ranch Rd. - RD# 6588 - OR 2533 PG 0073 - Clay to Pave
The School Board of Lake County, Florida - Steves Rd. - RD# 1248 - OR 2574 PG 830 - Road Project
Cattle Country LLC - Treasure Island Rd. - RD# 5726 - OR 2540 PG 1102 - VP#1015
Kearney, Joanne M. and Nichols, Patricia A. - Turkey Lake Rd. - RD# 2924 - OR 2539 PG 0601 - Clay to Pave
Massey, Harvey L. - Turkey Lake Rd. - RD# 2924 - OR 2565 PG 0610 - Clay to Pave
Temporary Non-Exclusive Easement Deed
Hurlburt, Bruce A. and Jean - Aloha Way - RD# 7901 - OR 2578 PG 1400 - Maintenance Project
Proclamation/Recreation and Parks
Request from Public Works for approval and signature on Proclamation 2004-90 designating July as Recreation and Parks month.
Purchase Agreement/Bartch/Sleepy Hollow Road Realignment Project
Request from Public Works for approval and execution of a Purchase Agreement with Kristen L. Bartch, Family Partnership, a Florida Limited Partnership, for right of way in conjunction with the Sleepy Hollow Road Realignment Project located in the Leesburg area.
Letter of Credit/Royal Highlands
Request from Public Works for approval and authorization to release a Letter of Credit for Performance of Improvements in the amount of $1,324,461.11 that was posted for Royal Highlands, Phase 2B. Royal Highlands, Phase 2B consists of 184 lots – Commission District 3.
Resolution/Advertise Road Vacation/Signorotte/Fruitland Park Area
Request from Public Works for approval and signature on Resolution 2004 -91 to advertise Public Hearing for Road Vacation Petition Number 1026 by Peter & Darlene Signorotti, representative Steven J. Richey, P.A., to vacate a portion of platted right of way for Crescent Drive according to the Plat of Crescent Cove, located in Section 2, Township 19 South, Range 24 East, in the Fruitland Park area – Commission District 1.
Resolution/Advertise Road Vacation/Florida Department of Environmental Protection
LakeMack/Royal Trails Area
Request from Public Works for approval with conditions and signature on Resolution 2004-92 to advertise Public Hearing for Road Vacation Petition Number 1028 by Florida Department of Environmental Protection, Division of State Lands to vacate easement located in Section 30 and 31, Township 17 South, Range 29 East, in the Lake Mack/Royal Trails area – Commission District 5.
Widening & Resurfacing Project/Bids/DAB Constructors, Inc.
Request from Public Works for approval and authorization to award CR-437 Widening & Resurfacing Project Number 2004-05, Bid Number 04-089, to DAB Constructors, Inc., and to encumber and expend funds in the amount of $664,444.44 from the Renewal Sales Tax Capital Projects Fund – Commission District 4.
Widening & Resurfacing Project/Bids/Art Walker Construction
Request from Public Works for approval and authorization to award CR-445A, Widening & Resurfacing Project Number 2004-08, Bid Number 04-090, to Art Walker Construction, and to encumber and expend funds in the amount of $1,125,219.50 from the Renewal Sales Tax Capital Projects Fund – Commission District 4.
Engineering Services/Sleepy Hollow Road Project/Vanasse, Hangen, Brustlin Inc.
Request from Public Works for approval of an Amendment for Engineering Services for Sleepy Hollow Road Trail in the amount of $30,565.00 submitted by Vanasse, Hangen, Brustlin, Inc. (VHB), a design consultant for additional services necessary for the Sleepy Hollow Road Project.
Items of Surplus/Fixed Asset System
Request from Purchasing for approval to declare the items on the attached lists surplus to County needs and authorize disposal as described; authorize the donations as requested; accept the investigative reports and letter and authorize the removal of the missing items from the County’s official fixed asset system; and authorize the Procurement Services Director to sign the vehicle titles and, even though they are approving to declare the 2001 GMC Yukon (Public Safety F/R - Property #22781) as surplus, it will be pulled from the auction list, until a better use can be established for it.
Contract/Lighting Retrofits/Judicial Center/Detention Center/G. C. Stanley, Inc.
Request from Purchasing for approval to award the contract for Lighting Retrofits for the Lake County Judicial Center and the Lake County Detention Center to G. C. Stanley, Inc. in the amount of $85,381.50 in accordance with Bid Number 04-074.
ADDENDUM NO. 1
Resolution/Leesburg High School Yellow Jackets Baseball Team
Request for approval and execution of Resolution 2004-93 honoring the Leesburg High School Yellow Jackets Baseball Team for the 2nd district championship.
LAKE SUMTER EMERGENCY MEDICAL SERVICES INC
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Mr. Sandy Minkoff, County Attorney, explained that the ambulance company, Lake Sumter Emergency Medical Services Inc., is required to have a Certificate of Public Convenience and Necessity from the County. Staff has notified all of the municipalities and done the advertisement for the public hearing and is recommending approval of the renewal.
Commr. Stivender opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the request for approval of Renewal of Lake Sumter Emergency Medical Services, Inc. Certificate of Public Convenience and Necessity.
Commr. Cadwell, who is the Chairman of the Board of Directors, Lake Sumter EMS, Inc., stated that he hoped the Board was still satisfied with the services that are being provided by Lake Sumter EMS and, if not, to please let him know.
Commr. Hanson stated that she is very satisfied and one of the services that is not well known in the community is the effort made by Mr. Jim Judge and his staff in the community when they are visiting with some of the people who cannot get out and get regular medical attention, and she feels this is a real plus for the community and is also an indication of the quality of person that the County has in Mr. Judge.
PUBLIC HEARING -
ORDINANCE AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDRS) IN REGARDS TO MINIMUM WIDTHS
OF MOBILE HOMES
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-39, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 3.01.02 LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED CLASSIFICATION OF USES; AMENDING SECTION 3.01.02(A) TO CHANGE THE MINIMUM WIDTH FOR SINGLE FAMILY DWELLING UNITS AND TO ALLOW GUTTERS TO BE INCLUDED IN THE CALCULATION OF THE WIDTH OF THE REQUIRED OVERHANG; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Commr. Stivender opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.
Mr. Minkoff noted that the change will allow a minimum width of 23 feet six inches as the narrowest point.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 2004-39, as read by title only.
PUBLIC HEARING -
ORDINANCE ALLOWING FOR THE PROVISION OF A BOND
IN LIEU OF IMPACT FEES
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-40, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING SECTION 10.05.02, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATION, ENTITLED REQUIREMENTS; PROVIDING THAT MOBILE HOMES MUST MEET ALL OTHER PROVISIONS OF THE LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 10.05.03, LAKE COUNTY CODE, APPENDIX E, LAND DEVELOPMENT REGULATIONS, ENTITLED BUILDING PERMIT IMPACT FEES; AMENDING PROVISIONS REGARDING PAYMENT OF IMPACT FEES; ALLOWING FOR THE PROVISION OF A SURETY BOND OR CASH IN THE AMOUNT OF $5,000 IN LIEU OF PAYMENT OF IMPACT FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that the main change will allow the temporary housing to either pay the impact fees or provide the bond to remove the mobile home.
Commr. Stivender opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.
Mr. Minkoff clarified that the Ordinance pertains to temporary housing and would depend on the length of the illness, which would be reviewed pursuant to current regulations. He clarified that this allows the individual an option to pay the impact fees or post a bond guaranteeing that he will remove the temporary housing.
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved Ordinance 2004-40, as read by title only.
AMENDING CHAPTER 9, LAKE COUNTY CODE,
RELATING TO COURT COSTS AND FEES
Mr. Sandy Minkoff, County Attorney, placed the following proposed Ordinance on the floor, by title only, and noted that it would be Ordinance 2004-41, if approved by the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; REPEALING AND REPLACING CHAPTER 9, LAKE COUNTY CODE, ENTITLED COURTS AND LAW ENFORCEMENT; CREATING SECTION 9-1, ENTITLED SHERIFF, DESIGNATED DUTIES; CREATING SECTION 9-2, ENTITLED GAIN TIME ALLOWANCES FOR COUNTY PRISONERS; CREATING SECTION 9-3, ENTITLED PUBLIC USE OF THE LAKE COUNTY JUDICIAL CENTER; CREATING SECTION 9-11, ENTITLED ADDITIONAL COURT COSTS TO SUPPORT LAW ENFORCEMENT TRAINING; CREATING SECTION 9-12, ENTITLED COURT FACILITIES SURCHARGE; CREATING SECTION 9-13, ENTITLED TEEN COURT USER FEE; CREATING SECTION 9-14, ENTITLED COLLECTION OF ADDITIONAL COSTS IN MISDEMEANOR CASES INVOLVING DRUGS OR ALCOHOL; CREATING SECTION 9-15, ENTITLED COLLECTION OF ADDITIONAL COSTS IN CIVIL TRAFFIC PENALTY CASES; CREATING SECTION 9-16, ENTITLED ADDITIONAL COURT COSTS IN CRIMINAL CASES; CREATING SECTION 9-17, ENTITLED CRIME PREVENTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Sandy Minkoff, County Attorney, explained that the proposed Ordinance makes the changes that are required by the recent legislative action on Article V. Staff had provided the Board members with a memo where they contrasted the old section and the new section and, in some cases, the Sheriff and the jail items were just moved around but were not changed. The major changes are the imposition of the new $65 fee (Sec. 9-16. Additional Court Costs in Criminal Cases); and the $15 surcharge fee (Sec. 9-12. Court Facilities Surcharge). In Sec. 9-3 Public Use of the Lake County Judicial Center, (b)(3), Page 8, Lines 14-20, staff would like to suggest that this paragraph be deleted, because the law library is not subject to the rules of public use of the judicial center.
Commr. Cadwell wanted everyone to know that, even though it has been a long process in their review of Article V, it is going to be good for the County, and its citizens, in the long run.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved Ordinance 2004-41, as read by title only, to include the deletion of Paragraph (3), under Sec. 9-3 (b), Page 8, Lines 14 - 20..
Commr. Hanson stated that she wanted to recognize Commr. Cadwell for his hard work and leadership on this issue.
STAFF PRESENTATION ON STATUS OF THE ARTICLE V IMPLEMENTATION
AND OTHER LEGISLATIVE OUTCOMES
Ms. Cindy Hall, Assistant County Manager, stated that she wanted to bring the Board up to date on a few issues that have a financial impact that staff is tracking through the legislative process, and one of them is Article V that has been signed into law, which shifts many of the court responsibilities from the counties to the State. Ms. Hall explained that, while many of the previous court costs are now State responsibilities, some of the court related revenues also have been shifted to the State, so there is a reduction in some of the revenues. A portion of the sales tax and revenue sharing have also been rededicated to the State to help them fund the court responsibilities. Ms. Hall stated that the County still has two major responsibilities, technological equipment and maintenance, and provision of space. The legislation provided the County four different revenue streams to help pay for them. There is a $2 per page recording fee that pays for technology for the State Attorney, the Public Defender, the Clerk, the Courts, and the multi-agency criminal justice information system, and no action is needed on this item. She noted that those are fees that will be collected by the Clerk and that the revenue from building, zoning, and public works for right-of-way deeds is expected to be about $350,000. This revenue stream will be dedicated to technology for those entities, as mentioned. There is a $65 court cost fee that was just passed in Ordinance 2004-41 to be split four different ways; 25% to be dedicated to Teen Court; 25% to legal aid; 25% to the law library; and 25% to innovative court programs. They are anticipating about $160,000 for that revenue, which is about $40,000 for each of those activities. There is $15 surcharge on civil and criminal traffic infractions that will fund court facilities, which is about a $400,000 revenue stream, and this was also just passed in Ordinance 2004-41. There is also a $2.50 court cost that will be dedicated to law enforcement training, which will be about $60,000 in revenue, and no action is needed on this issue.
Ms. Hall stated that the impacts and decisions that the Board will need to make in the near future include the Ordinance, which the Board just did today (Ordinance 2004-41). In regards to Teen Court, the funding for the current year is in tact, and the Board does not need to take any further action on that right now. Staff does have the budget request for the next fiscal year, which will be included in the budget discussion in July. In regards to legal aid, there is a budget transfer (Tab 38) that will provide funding for legal aid for the remaining three months of this year. The County is required to fund legal aid at previous year levels and with certain inflation factors built in and this will be included in the budget discussion in July. In regards to the law library, the current year’s dollars are in tact, and they will also be including dollars that have been requested in the budget for next year’s discussion. Staff is currently working with the Clerk and the Court Administrator, in terms of the best management structure for the library, and staff will be coming back with some information. The court administration will be assigned some new personnel, which will be State funded and the County will need to provide them space. The numbers will be available in a few weeks, and staff will be coming back with some information.
Ms. Hall stated that financially the County is okay and they are still working through the numbers, and staff is comfortable with the budget, as far as Article V shifts are concerned.
Ms. Hall explained that one of the Board items in their legislative packet included restoring State Aid to Libraries at the 2002-2003 level, but there was about a $90,000 reduction in this area. The Board also followed the indexing of County fuel taxes, but there was no action on that issue. They had requested $516,000 in funding for the Transportation Disadvantaged, and the County has been awarded $504,000. There may be some reductions in the Medicaid Transportation funding in the non-emergency transports, but staff is not sure of those levels at this time. In regards to LifeStream Behavioral Center, they had requested $375,000 for ongoing support, but they did not get it. They did get $400,000 for a crisis stabilization unit, which offsets the other, so their funding is fine. The State and Local Housing Trust Fund is level funded so staff did not take a reduction there. Those trust funds were re-authorized so the funding source and the intent has stayed in tact. The Florida Retirement System (FRS) rates have changed a little bit, but they should be okay on those items. Staff had estimated that they would be changing, so they have already built those into the budget for next year. The sales tax holidays will be July 24th through August 31st. They have not yet calculated the extent of those reductions, but they will be building those into the revenue projections. There are also gas tax holidays, August 1st through August 31st, which will be funded from General Revenue at the State level, so the County will not see any reductions in their gas tax revenues.
In response to Commr. Hanson’s question concerning the $90,000 reduction this year in State Aid to Libraries, Ms. Hall clarified that this was a one year figure, and she does not have the accumulative figures at this time. They are funding about 5.9 cents on the dollar, and their original request was 8.25 cents on the dollars, so there was a pretty significant decline and that is going down over time.
Mr. Bill Neron, County Manager, informed the Board that, on August 5, 2004,the Florida Association of Counties (FAC), will be presenting their Post Legislative Session Briefings, and Lake County will be hosting for the region.
Commr. Cadwell stated that, from Ms. Hall’s report, the Board can see that the legislative session did not go as bad as they had thought. He stated that the Board needs to send a letter to Senator Rod Smith, Alachua County, who was very instrumental in helping Lake County work through the Article V process. He noted that Representative Anna Holliday “Holly” Benson was in charge of the House of Representatives’ side of the issue.
CITIZENS QUESTION AND COMMENT PERIOD
Budget/Non-County Maintained Roads - Travis Whigham
Mr. Travis Whigham stated that he would like to ask the Board if they have found money in the budget to help with the non-County maintained roads. Mr. Whigham stated that he understands that the Sheriff has helped with a couple of the roads in the Pine Lakes area, but there are still a lot of roads that are impassable when they get a lot of rain.
Commr. Cadwell explained that the Board has given staff direction, on an emergency basis, to take care of those situations that are purely an emergency for health and safety, and staff is coming back with a program to let them know how much it will cost to bring those additional roads into the system, and they want to make sure that they do this in an organized manner.
Mr. Whigham stated that he understands Commr. Cadwell’s explanation, but he just wanted to make sure that the money was set aside so that, as the roads become impassable, they do not have to go through the whole process to get more money put in the budget, and there will already be money available to take care of the problems. He also wanted to know if the Board had a time line on this item..
Mr. Bill Neron, County Manager, explained that, in working with staff, it is a much greater undertaking than they had originally anticipated because there are about 600 to 700 roads and, to map those and get a list, staff is looking at about 90 days to get all of the information together, and the dollar price is going to be significant, in terms of multi-millions of dollars.
Commr. Hanson stated that, along with this process, staff is looking at roads that may need to come under the County maintenance system.
Mr. Jim Stivender, Director of Public Works, explained that a key part of this process is identifying public right-of-way in areas where there has been no public dedication, so they have permission to go on the property. He noted that, per policy, they do not spend public funds on private properties.
RECOGNITION/PUBLIC WORKS EMPLOYEE OF THE YEAR
Commr. Stivender stated that all of the County’s employees are very special, but Mr. Kristian Swenson is getting an award for being the Public Works Employee of the Year from the State of Florida, by the Florida Association of County Engineers and Road Superintendents (FACERS). At this time, she asked Mr. Swenson to come forward and be recognized by the Board. Commr. Stivender noted that the Florida Association of Counties (FAC) meets next week, on Thursday, June 17, 2004, at 4 p.m., and Mr. Swenson will be there to receive that award.
Mr. Jim Stivender, Director of Public Works, stated that Mr. Swenson has been with the Public Works Department for almost three and a half years. The FACERS have given out 30 awards over the last ten years, and Lake County’s employees have won five of them. He noted that Ms. Kathy McDonald won it last year for her 30 years of employment, and now Mr. Swenson, who is in charge of road operations, has done an excellent job over the last three years helping to bring them into the twenty-first century.
Commr. Stivender asked Mr. Swenson to come back before the Board, once he has his award.
Commr. Pool stated that he can speak from experience, because every time that he has called upon Mr. Swenson for help with issues, he has certainly responded and been helpful and accommodating to the citizens, and he really appreciates his work.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
CONTRACT/JOHN S. DICKERSON ARCHITECT, INC.
UMATILLA HEALTH CLINIC/OTHER HEALTH CLINICS
Mr. Jim Stivender, Director of Public Works, addressed the Board to discuss the request to award a contract, subject to the County Attorney’s approval, to John S. Dickerson Architect, Inc. to complete the drawings, plans and specifications necessary for the renovation of the Umatilla Health Clinic. Mr. Stivender explained that this is the facility that they gutted to get rid of the mold and mildew issues. Staff met with various architects to get prices, and they felt that Mr. Dickerson, who was the original architect of record, had provided them with the best proposal and price. The scope of services is complete, and they can use the same information to address the Tavares and Leesburg facilities, as funds become available.
In response to Commr. Cadwell’s question as to whether any of the problems with the building were architectural, Mr. Stivender explained that the design was state of the art at that time, and they did not see anything that was directly related to design issues. In response to Commr. Cadwell’s question about whether any of this work includes additional square footage to the building, Mr. Stivender explained that it does not at this time and that those are issues Mr. Fletcher Smith, Director of Community Services, may want to discuss with the Board, after they take care of this building. He noted that this building is one of the key locations that the doctors needed to get back into as soon as possible, because there is more of a demand for the services in this area.
Commr. Stivender stated that, as the liaison for the Capital Improvement Program (CIP), she has had discussions with Roger Amon, Administrator, Lake County Health Department, and Mr. Smith and Mr. Stivender and, even though this request is in Commr. Cadwell’s district, she thinks they need to go ahead and look at adding the additional square footage while they have the architect there.
Mr. Stivender stated that staff felt that the space study could address the exact square footage necessary to accommodate their needs. In their discussions, it was determined that planning for a future expansion as part of the renovation would delay the opening of the Umatilla clinic and that they actually have room to put a detached building on the same site with a separate air conditioning system.
Mr. Bill Neron, County Manager, stated that staff kicked off the space study last week, and they had a separate special meeting, which Ms. Cindy Hall, Assistant County Manager, coordinated with the architects. They are going to take the health department needs not only in Umatilla, but all of their needs, and do a separate quick start study, on more of a comprehensive basis, and try to get something back within the next 60 to 90 days.
Commr. Stivender stated that she had discussed this item with Ms. Hall this morning, and she is going to have the consultant for the space study, and the health department consultant, meet at the roundtable discussion she will be having with the constitutional officers towards the end of the month.
Mr. Fletcher Smith, Director of Community Services, stated that they have another situation, which he feels is really the result of the growth of Lake County in the past couple of years. Mr. Smith explained that, about a year and a half ago, the Health Department relocated the women’s health programs from Umatilla and Tavares to the Lake-Sumter Community College (LSCC) in the Health Sciences Building. The dramatic increase in the number of patients that they are seeing there is creating a situation where there are too many people coming into the building for their services. Mr. Smith stated that LSCC is unofficially asking Mr. Amon to find another location to run those services, and staff is currently looking for a place to relocate those services, with LSCC expressing August as the time frame. Staff talked with the lease agent about a potential lease agreement on the site that used to be the Veterans Administration (VA) clinic, which is located across the street from LSCC. Mr. Smith stated that this is one of the items that staff will be bringing back to the Board, if they get an understanding from the Board that they need to proceed in this direction.
Commr. Cadwell stated that, if the County needs to lease something, he wanted them to do it on a short term basis, until they get the space study done.
Mr. Amon explained that their study last fiscal year showed about 98% Lake County residents receiving services from their maternity program. The hospitals do not have outpatient maternity programs, but the health clinic does deliver at Florida Hospital Waterman, and they do help underwrite their maternity program. Over 50% of their deliveries are done at the hospital and, after looking at their numbers, they had a 20% increase in their number of patients from last fiscal year to this fiscal year. He stated that the hospital has been very receptive and allowed them to come in free of charge with a partnership, and he feels that they are both at an agreement that it is overwhelming and is time for them to look for an additional facility, but they are going to keep the relationship with the college where they will provide some clinical services for their patients on a more controlled environment.
Commr. Hanson questioned whether the situation that they are in now is partly because hospitals have slowed down due to the liability issues with the doctors and hospitals, but Mr. Amon felt that the majority of the impact is due to the growth in the community. Mr. Amon did not feel it was the hospitals per say but the private doctors’ offices trying to keep their risks down because of the malpractice situation. He noted that the August date, as noted, would in conjunction with the beginning of nursing classes at LSCC. He stated that they are trying to take their partnership to another level, to be a benefit to the college, and to the Health Department and community.
Mr. Amon explained the process for someone to qualify for their maternity services noting that a financial assessment is done on each individual. He provided further detailed information, in terms of the increase in percentages relating to programs and services offered by the health departments.
Commr. Pool asked Mr. Amon to provide the Board with a report showing demographically where the patients are coming from in the County for services provided by the clinics.
Mr. Amon noted that he and his staff are involved with the Worlds Greatest Baby Shower, which is a very good program and partnership.
Commr. Hanson stated that Lake County still ranks very high in teen pregnancies in the State, and the statistics have indicated that they are higher in pregnancies that are not getting prenatal care.
Mr. Amon explained that Lake County is not ranked as high as some other counties, but it ranks higher than the standard and, even though he has the necessary staff, he does not have the space to accommodate and meet the standard. In terms of a mobile health unit, as mentioned by Commr. Hanson, Mr. Amon stated that it would help in terms of outreach into the community, and they would definitely benefit in terms of immunization and bringing preventative health services, which could include pregnancy testing, to the hard to reach areas where there are transportation problems. He noted that the school system does have an educational program in regard to teen pregnancy as part of their curriculum. Mr. Amon stated that they are looking at working with some other faith based groups, and some other community based organizations, on projects to do some teen pregnancy prevention activities.
Commr. Pool stated that there was a report a couple of years ago on teen pregnancy, and Leon County was the number one county with the least number of teens pregnant in the State of Florida, and he asked if they could followup on this and ask how they have been so successful in this area.
Mr. Amon explained that Leon County had a combination of abstinence and the availability of family planning services in the community, and he is trying to work with community groups to get that broad approach in Lake County, by trying to build strategic partnerships.
Mr. Neron stated that staff wanted the Board to be aware of this issue and that staff is moving ahead to try and identify space, and the dollar costs associated with it, and staff will be bringing something back to the Board.
Commr. Stivender asked that staff and Mr. Amon bring back additional documentation from the comments they received from the Board today.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval to award a contract, subject to the County Attorney’s approval, to John S. Dickerson Architect, Inc., to complete the drawings, plans and specifications necessary for the renovation of the Umatilla Health Clinic, for a not to exceed amount of $28,695.00 for the quoted scope of work; and approval to the related budget change request to fund these architectural services.
APPOINTMENTS/LIBRARY ADVISORY BOARD
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the following appointment to the vacant position on the Library Advisory Board: Betty Ann Christian (Commission District 4), to complete a term ending Feb. 28, 2007.
APPOINTMENTS/PUBLIC LAND ACQUISITION ADVISORY COUNCIL
On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the following appointment of individuals to the vacant positions on the Public Land Acquisition Advisory Council, to complete unexpired terms ending October 1, 2005: Joseph Branham - member with technical knowledge in archaeology; Jack McDonald - member familiar with Lake County geography and culture.
REPORTS - COUNTY MANAGER
BUDGET TRANSFER/COMMUNITY LEGAL SERVICES
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval of the budget request and transfer from reserves for $23,972.00 to fund Community Legal Services for the months of July through September 2004.
Mr. Bill Neron, County Manager, stated that the request to enter into a contract with Wachovia Bank for a $15 million variable rate line of credit to provide working capital for infrastructure sales tax (new levy) for road and building construction projects has been before the Board on several occasions. In working with the Clerk’s Finance Department, and their financial advisor, staff has gone out for bids. The results of the bids are before the Board, and staff is recommending approval of the request, and that staff be authorized to work with the County Attorney’s Office and prepare all of the closing documents, to be brought back to the Board.
Commr. Stivender stated that, when she read the backup material, it appeared that there was a $4,000 fee every time the County drew money out for a project.
Mr. Mitchell Owens, RBC Dain Rauscher, Financial Advisor, stated that this is a one time legal fee, and it is a not to exceed number. In response to Commr. Cadwell’s question, Mr. Owens acknowledged that he felt the process they went through was fair for everyone, and that they got the best deal for the County.
Mr. Sandy Minkoff, County Attorney, stated that he did obtain a quote from Nabors, Giblen & Nickerson for their work, which would be $15,000.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval to enter into a contract with Wachovia Bank for a $15 million variable rate line of credit to provide working capital for infrastructure sales tax (new levy) for road and building construction projects and authorized staff to work with the County Attorney’s Office and prepare all of the closing documents, to be brought back to the Board.
Mr. Neron stated that he would like to publicly thank the Clerk’s Office and Mr. Owens for this process.
ADDENDUM NO. 1
REPORTS - COMMISSIONER HILL - DISTRICT #1
LEESBURG HIGH SCHOOL YELLOW JACKETS BASEBALL TEAM
Commr. Hill stated that she wanted to thank the Board for their support of Resolution 2004-93 honoring the Leesburg High School Yellow Jackets Baseball Team for the 2nd district championship. They will have the young men and coaches here at a later date.
REPORTS - COMMISSIONER POOL - DISTRICT #2
SWIMMING IN LAKE COUNTY LAKES
Commr. Pool stated that he has read about some of swimming beaches being closed because of the visibility, and because you cannot see the Secchi disk four feet down in the lakes. He stated that they are losing an opportunity to utilize the County’s natural resources, in areas where people have been swimming in lakes for years. He would like to ask the State to unlax the rules and regulations or develop a variance process where they can at least allow people to swim and access these beaches.
Commr. Cadwell suggested, instead of asking the State to unlax the rules and regulations, that they look at more of a scientific way to establish the rules.
Commr. Pool explained that people are allowed to use the State beaches all day long but, when it comes to a fresh water lake, there seems to be an issue and, if they were to shut down the beaches along the coastline, he can imagine what would happen to the State tourism.
Commr. Pool stated that the Board should at least ask Roger Amon and Blanche Hardy, Director of Environmental Services, to work with the State agencies and try to develop some variance process that will allow swimming in these clean lakes that have been utilized for years, which are now sitting vacant and empty, because these are natural resources going to waste.
Commr. Pool addressed the posting of signs on telephone poles, for things such as land clearing, mowing, and buying of houses, and stated that he would like to get the Code Enforcement Department to contact these individuals and inform them that they will be imposing fines for all signs left on the poles.
Mr. Sandy Minkoff, County Attorney, noted that the sign code prohibits these types of signs, and Mr. Bill Neron, County Manager, acknowledged the direction of the Board to start enforcing the code.
REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3
COMMUNITY CHILDRENS’ SCREENING
Commr. Stivender informed the Board that today the Lake County Community Childrens’ Screening for children ages birth to five is going on in Eustis from 9 a.m. to 2 p.m. at the YMCA; and Thursday, June 17th from 9 a.m. to 2 p.m. at South Lake Hospital in the Training Center.
Commr. Stivender reported that she received notification that the County has won two National Association of Counties (NACo) awards. The Mobile Plant Clinic received one of them, and the Game of Lake won the achievement award. The County will be getting those awards in July.
Mr. Jim Stivender, Director of Public Works, wanted to thank Ms. Jackie Droz, Senior CAD Technician, for the graphics she developed for the Game of Lake project, and Ms. Debbie Tinis, Administrative Services Manager, for writing the report that explained the project.
It was noted that, once the awards are received in July, the Board will have a presentation at a Board meeting.
FLORIDA ASSOCIATION OF COUNTIES/JUVENILE JUSTICE COST SHIFT
Commr. Stivender stated that she had received from the Florida Association of Counties (FAC) a letter in regard to potential litigation on the Department of Juvenile Justice (DJJ) Cost Shift. She stated that Commr. Cadwell has attended the meetings, and Mr. Sandy Minkoff, County Attorney, serves on one of the committees. She would like some discussion on this item as to how the Board should proceed and what has gone on in the past.
Mr. Minkoff explained that his last two weekly reports indicated to the Board that, in connection with his Florida Association for County Attorneys (FACA) duties, he is on a steering committee that is providing resources to the association, which is looking at this issue. There are several counties throughout the State which have already indicated that they may be initiating litigation challenging the cost shift on juvenile justice, based on the unfunded mandates provision in the Florida Constitution. The FACA is working to provide resources, not to those counties, but to the association as a whole. He believes this issue is going to be discussed in June at the FAC meeting. The House, when they passed the bill, did not have a two-thirds majority vote and that is usually the provision that is used to override the mandate provision.
Mr. Bill Neron, County Manager, stated that staff should probably wait to see what the FAC suggests at its annual meeting in June, and then staff will come back with a report.
REPORTS - COMMISSIONER HANSON - DISTRICT #4
PARKS MEETING/MOUNT PLYMOUTH/SORRENTO
Commr. Hanson reported that they had a very good parks meeting last week in Mount Plymouth and Sorrento, and there were some key people who attended that are very interested in parks in that area of the County.
Commr. Hanson announced to the Board that she has been asked to sit on Kids Central, which is part of the privatization of Department of Children and Families (DCF).
REPORTS - COUNTY MANAGER - (CONTINUED)
Mr. Bill Neron, County Manager, stated that he would like to suggest that the Board cancel the July 13, 2004 workshop meeting, due to conflicts in Commissioners’ calendars. There was one item scheduled that can be moved to a later date without any problem. In checking with the Board calendars for the budget presentation and initial workshop, he would like to suggest that they meet on July 22, 2004 at 9 a.m., Thursday, for the budget presentation and his budget message and invite any of the constitutional officers in for presentations, if they wish. Then the Board can decide from there what other type of workshops they want to schedule before the formal public hearings in September. He noted that, by law, he has to have the budget message to the Board by July 15, 2004, and he will comply with the law, but staff will do the formal presentation a week later, on July 22, 2004.
Mr. Sandy Minkoff, County Attorney, explained that the earlier the Board sets the maximum millage, the more lead time it gives the Property Appraiser to get the trim notices ready.
It was noted that the Board will set the tentative millage at the July 22, 2004 Board meeting.
RECESS & REASSEMBLY
At 10:08 a.m., Commr. Stivender noted that the Board will take a ten minute recess.
CLOSED SESSION: COVANTA UPDATE
Mr. Sandy Minkoff, County Attorney, stated that, pursuant to Florida Statute 286.011, at the last meeting, he requested that they have a closed session to discuss litigation they have pending. Staff has advertised the meeting; the only persons there in addition to the five Board members will be Mr. Bill Neron, County Manager, and himself. The entire subject matter will only be settlement negotiations or strategy sessions; the session will be recorded by a court reporter who will record the time they begin and end and all the discussion; nothing can be off of the record; and they cannot make and will not make any decisions at this meeting. He stated that they commence this session at an open meeting in which the Chair announces that they begin and how long they will take and he is estimating 15 or 20 minutes. The time they began was recorded as 10:20 a.m.
RECESS & REASSEMBLY
Mr. Sandy Minkoff, County Attorney, noted that the Board will reconvene the regular meeting and, if there is no other business, the Chair will announce the time for the court reporter.
Commr. Stivender announced that the Board was back in regular session at 10:45 a.m. and, there being no further business to be brought to the attention of the Board, the meeting was adjourned.
DEBBIE STIVENDER, CHAIRMAN
JAMES C. WATKINS, CLERK