A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 7, 2004

            The Lake County Board of County Commissioners met in regular session on Tuesday, September 7, 2004, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Debbie Stivender, Chairman; Jennifer Hill, Vice Chairman; Welton G. Cadwell; Catherine C. Hanson; 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 Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Judy Whaley, Deputy Clerk.

            INVOCATION AND PLEDGE

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

            HURRICANE FRANCES BRIEFING

            Mr. E.E. “Butch” Whitehead, Emergency Management Director; Mr. Gregg Welstead, Deputy County Manager/Growth Management Director; Mr. Jim Stivender, Jr., Public Works Director; Mr. Rodger Amon, Health Department Director; Mr. Ed Havill, Property Appraiser; Major Chris Daniels, Lake County Sheriff’s Office; Mr. Gary Kaiser, Public Safety Director; and Mr. Jim Judge, Executive Director, Lake-Sumter Emergency Medical Services, gave updates on Lake County’s damage and recovery efforts concerning Hurricane Frances which made landfall on Florida’s east, central coast early Sunday, September 5, 2004.

            The following information is a summary of the briefing. Power restoration is the number one priority and today’s estimate is that about 50% of Lake County is without power. Ice and water distribution has begun and food distribution may be added, with concern in the northeast part of the County and along County Road 561 south of State Road 50. Damage assessment teams and recovery teams will be matched and consolidated and teams will be going neighborhood by neighborhood to determine damage to individual homes. The infrastructure appears to be in good shape. About 100 people remain in shelters in three schools, including 39 residents in two special needs shelters. A shelter relief team has been requested, through the state, to help give some respite to the County’s staff. Flooding in the Astor area is a concern. The St. John’s River is expected to crest in a few days and a “No Wake” order has been signed. The first choice for long-term sheltering of residents in the Astor area is the Elk’s Youth Camp. While fuel availability for operations had been a concern, fuel is coming into Florida at Port Everglades and all the Public Works’ facilities have fuel. Mosquito-borne illnesses will be a health issue. More than 5,000 cans of repellant have been requested and spraying will be done. Lake County Fire/Rescue is staffing three strike teams and will be staffed as long as they are needed. Permit fees have been waived for storm-related damage for the remainder of this week and tree removal permits are being held in abeyance. Inspectors are authorized to write field permits for those damages that do not require an engineering drawing. The goal is to have all County maintained roads open today and an Executive Order gives permission to go off those roads to open up other rights of ways where possible. Debris cleanup will begin Wednesday, September 8, utilizing 30 crews, including Lake County and Grubbs Emergency Services, during daylight hours. Drop off fees for residential, not commercial, storm debris have been waived. Residents can place unbagged tree debris, which has been separated from building debris or garbage, on the side of the road for pick up at a later date. Only 18 of Lake County’s 124 traffic signals remain without power. Information was given on ways to disinfect contaminated water. The Property Appraiser’s staff has begun assessing damages to structures. The Lake County Sheriff’s Office increased staffing on the road in order to patrol the residential areas without power and where evacuations have occurred. The curfew was dropped after the first night but prowling and loitering statutes have been vigorously enforced. The City of Sanford released six million gallons of untreated or partially treated sewage into Mill Creek, which runs into Lake Monroe and then into north-flowing St. John’s River. Lake County will issue notices for its residents regarding curtailing swimming and boating activities.

            Regarding the approach of Hurricane Ivan, Lake County and much of the Florida Peninsula are currently included in the forecast’s cone of error. This coming weekend will be spent on recovery and storm preparations if Ivan continues on its current track.

            AGENDA UPDATE

            Commr. Stivender stated that, because of the storms, today’s agenda will be limited to necessary items and presentations will be postponed.

            Mr. Bill Neron, County Manager, stated that there is one Addendum item under the County Attorney’s reports and announced that the following agenda items will be postponed until September 14, 2004:

          Employee Awards and Board/Committee Awards

          Tab 25, County Manager’s Consent Agenda Item, regarding the final plat for Lakewood Ranches.

          Tab 26, Presentation of resolution honoring Jordan Hendricks and Jonathan Jennings

          Tab 27, Presentation on myregion.org

          Tab 28, Presentation regarding Citrus Ridge Library

          Tab 39, Discussion relating to PEAR Park

          Tab 46, Direction relating to the Board as Community Transportation Coordinator

          Tab 48, Discussion regarding the Covanta settlement

            Commr. Stivender stated that she would like to postpone presentations and the Public Hearings, Tabs 29 through Tab 38, even though those Public Hearings will be opened for public comment today.

            MINUTES

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Minutes of July 27, 2004, Regular Meeting, as presented.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the Minutes of August 3, 2004, Regular Meeting, as presented.

            CLERK OF COURTS’ CONSENT AGENDA

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1-13, as follows:

            Contractor Bonds


            No contractor bonds were submitted on this date.


            List of Checks or Warrants Paid


            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.


            Monthly Distribution of Revenue - Traffic/Criminal Cases


            Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, Month Ending 31 July 2004. Disbursements due to Board: $70,998.74. Same period last year: $168,814.10.


            Satisfaction and Release of Fine


            In payment of the sum of $2,150.00, Judgment-Creditor, Lake County, Florida, fully releases and discharges Judgment-Debtors, Daniel J. and Angela S. Decker, Clermont, Florida, from any claims, demands, causes of action and judgments arising to the Order of Fine, Case No. CEB 2001-04-0251, dated November 14, 2001, and recorded in OR Book 2028, Pages 2116 through 2118, of the Public Records of the Clerk of Court of Lake County, Florida on November 16, 2001.


            Asset Change Request - Lake County Government


            Lake County Government, Asset Change Request Form for donation by the Clerk’s Office of a laptop to FL Clerk of Court Operating Corporation. Fiscal/Budgetary Impact: $3,952.00.


            Surface Transportation Board - Florida Midland Railroad Company


            Surface Transportation Board Decision - STB Docket No. AB-325 (Sub-No. 2X) Florida Midland Railroad Company - Abandonment Exemption - In Sumter and Lake Counties, FL - Decided: July 28, 2004.


            Greater Orlando Area Legal Services, Inc.


            Received the Audited Financial Statements and Supplemental Information of Greater Orlando Area Legal Services, Inc. for the calendar year ending December 31, 2003.


            Public Service Commission - Progress Energy


            Public Service Commission - In re: Petition for approval of new curtailable service rate Schedules CS-3 and CST-3 by Progress Energy Florida, Inc. Docket No. 040085-EI, Order No. PSC-04-0773-CO-EI, Issued August 9, 2004. CONSUMMATING ORDER - By Order No. PSC-04-0678-TRF-EI, issued July 13, 2004, the Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above-mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC-04-0678-TRF-EI has become effective and final.


            Southwest Florida Water Management District


            Received from the Southwest Florida Water Management District: Agenda, August 24, 2004, 9:00 a.m., Governing Board Meeting, Sarasota, Florida. Agenda, August 25, 2004, 9:30 a.m., Governing Board Meeting, Arcadia, Florida. Approved minutes of the Governing Board meeting held June 29, 2004, Brooksville, Florida.


            Southwest Florida Water Management District


            Received from the Southwest Florida Water Management District: Notice of Meeting Cancellation of the Governing Board, August 25, 2004, Arcadia, Florida. Due to the damage caused by Hurricane Charley, the District is cancelling the second day of its Governing Board meeting. The District’s Governing Board will meet on Tuesday, August 24, 2004, at the Sarasota Service Office as previously advertised.


            Lake County Water Authority


            Lake County Water Authority - Copy of Draft Tentative Budget 2004-2005. Tentative Budget Hearing - 5:05 p.m., September 8, 2004, Second Floor Training Room, 315 West Main Street, Tavares, Florida. Final Budget Hearing - 5:05 p.m., September 22, 2004, BCC Chambers, 315 West Main Street, Tavares, Florida.


            Lake County Water Authority


            Lake County Water Authority - Special District Public Facilities Report, July 2004.


            Town of Lady Lake - Ordinances


            Town of Lady Lake - the following Ordinances which were passed, ordained and approved in regular session of the Town Commission of the Town of Lady Lake, Florida, the 2nd day of August 2004: 2004-03: Voluntary annexation of 17.68 acres owned by Shopping Center Development, LLC, located between Oak Meadows Lane and Rolling Acres Road. 2004-04: Pertaining to Comprehensive Planning; amending Lady Lake Ordinance 81-8-(83); providing for a large scale Future Land Use Map Amendment from Lake County Urban to Commercial-Retail (FLUC 141); 27.51 acres; applicant/owner Shopping Center Development, LLC & First Choice Investments of Central Florida, Inc. 2004-05: Rezoning from Lake County Agricultural to Lady Lake Heavy Commercial “HC”; a portion of Government Lot 8, lying south and westerly of U.S. Hwy. 27 & 441, Section 7, Township 18 South, Range 24 East. 2004-06: Adopting a Fifth Amendment to the amended development order for the Tri-County Villages Development of Regional Impact (DRI); adding a 29.88 acre parcel as located in the northwest quadrant of the US 27/441/Avenida Central intersection to the DRI to be designated on the Master Development Plan as Town Center Commercial without increasing any entitlements; incorporating a change from Residential to Town Center Commercial use for a 2.54 acre parcel in the Town Center Commercial Area; providing a list of land uses specifically allowed in the 29.88 acre parcel within the Heavy Commercial (HC) zone. 2004-13: Pertaining to Comprehensive Planning; amending Lady Lake Ordinance 81-8-(83); providing for a small scale Future Land Use Map Amendment from Residential Single-Family Very Low Density (FLUC 110) to Commercial Retail (FLUC141); applicant/owner: Fennell Investments, LTD & Margaret B. Fennell, Trustee. 2004-14: Rezoning from Lady Lake Agricultural Residential “AG-1" to Lady Lake Heavy Commercial “HC”; that portion of section 8, township 18 south, range 24 east, Lady Lake, Florida, Conant lots 1, 2, 3, 14, 15, 16 Blk 20, lots 12, 13, 14, 15, 16 Blk 18, vacated Stapylton Avenue lying adjacent to lots 1, 2, 3 Blk 20.

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Hill requested that Tab 11, a request from Public Safety for approval of the Paramedic Certificate Finance Agreement with Valencia Community College for 2004-2005, be pulled for comment. She remarked that Lake Technical Center, located in Eustis, is one of the finest in the state. She asked why Lake Tech is not recommended for this agreement and if there is a scheduling problem.

            Mr. Jim Judge, Executive Director, Lake-Sumter Emergency Medical Services, explained that scheduling is a problem but that Lake Tech has been working with fire services to see if there is any other type of schedule that they could run a second paramedic class to accommodate other schedules.

            There was a consensus to pull Tab 11 and reschedule it for the September 14, 2004, agenda.

            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 24, postponing Tab 11 until September 14, 2004, and postponing Tab 25 until September 14, 2004, as previously noted, as follows:

            Office of Budget


            Request for approval of Budget Transfer - County Library System Fund, Department of Community Services, Library Services Division, in the amount of $27,000.00 is requested. Transfer $27,000.00 from Rentals & Leases ($18,400.00) and Communications & Freight ($8,600.00) to Contractual Services. Additional funds are needed in Contractual Services to pay for moving expenses for the Cooper Memorial Library. Funds available in Rentals & Leases due to partial year lease costs for Cooper Memorial Library. Funds available in Communications & Freight due to E-Rate reimbursables on frame relays.


            Request for approval of Budget Transfer - Solid Waste Closures and Long-Term Care Fund, Department of Environmental Services, Closures and Post Closure Division, in the amount of $15,341.00 are requested. Transfer $15,341.00 from Special Reserve to Landfill Post Closure (Astatula Landfill) ($5,800.00) and Landfill Post Closure (Loghouse Post Closure) ($9,541.00). Additional funds are needed for landfill sampling and analytical services at the Astatula Landfill. The Department of Environmental Protection is requiring the installation of an active gas collection system, as there is an off-site landfill migration gas problem. A gas meter and calibration gas kit must be purchased to operate and monitor the active gas collection system. Funds available in Special Reserve.


            Request for approval of Budget Transfer - General Fund, Department of Public Works, Capital Projects Division, in the amount of $150,000.00 is requested. Transfer $150,000.00 from Maintenance Reserve to Building Maintenance ($117,500.00), Jail Maintenance ($31,250.00) and Energy Management ($1,250.00). Additional funds are needed for overtime incurred during Hurricane Charley, the Astor Pavilion re-roof, Fairgrounds grandstand required safety upgrade, Mail Receiving Center repairs and re-roof, Hunter Building portico repair, Jail plumbing retrofit parts to prevent blockages, and adding two Jail freezers to emergency power generator. Funds available in Maintenance Reserve.


            Request for approval of Budget Transfer - Solid Waste Closures and Long-Term Care, Department of Environmental Services, Umatilla Post Closure Division, in the amount of $6,500.00 are requested. Transfer $6,500.00 from Special Reserve to Professional Services. Additional funds are needed to have an accurate and complete survey performed for all monitoring wells. FEDP is requiring a boundary survey, and vertical and horizontal locations for all monitoring wells. Previous surveys performed are over ten years old and not referenced to state plane coordinates. Funds available in Special Reserve.


            Request for approval of Budget transfer - Sales Tax Capital Projects Fund, Department of Public Works, Capital Improvements Division, in the amount of $70,000.00 is requested. Transfer $70,000.00 from Buildings to Improvements Other Than Buildings. Additional funds are needed for unanticipated changes in the scope of work for the Judicial Center Parking Lot Modifications Project, which will increase the cost of the project. Funds available in Buildings.


            Request for approval of Budget transfer – Constitutional Officers/Sheriff, in the amount of $462,000.00 is requested. Transfer $462,000.00 from Corrections and Law Enforcement Personal Services to Operating and Capital accounts. The Sheriff is requesting the transfer pursuant to F.S. 30.49.


            Request for approval of Budget Transfer – Constitutional Officers/Sheriff, in the amount of $400,000.00 is requested. Transfer $400,000.00 from Sheriff's Personal Services and Contingency accounts to Inmate Medical Care. The expense account for inmate medical costs is currently overdrawn. These costs have been averaging $144,000.00 per month during Fiscal Year 2004. Additional funds are required to cover costs through the end of September. Funds are available in the Sheriff's Personal Service and Contingency accounts.


            Request for approval of Resolution 2004-130 to amend the Transportation Disadvantaged Fund in order to receive unanticipated revenue for Fiscal Year 2003/2004 in the amount of $245,000.00 deposited into Bus Maintenance Reimbursement and provide appropriations for the disbursement to Contractual Services.


            Request for approval of Resolution 2004-131 to amend the Fleet Maintenance Fund in order to receive unanticipated revenue for Fiscal Year 2003/2004 in the amount of $88,528.00 deposited into Fuel/Oil ($34,144.00), Parts ($23,789.00), Labor ($30,183.00), and Fuel Surcharge ($412.00), and provide appropriations for the disbursement to Operating Supplies.


            Community Services


            Request for approval and signature of Fiscal Year 2004/2005 Library Services and Technology Act (LSTA) Grant Agreement for the Born to Read Family Literacy Project, Year IV; including signature on Disclosure of Lobbying Activities form, if applicable; Internet Safety Certification form; and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions form.


            Request for approval of Amendment to Agreement with Central Florida Safety Council (CFSC) for Lake County Driver Education Program.


            Request for approval and signature on Agreement with Mid-Florida Community Services, Inc. for use of Paisley and Southside Umatilla Community centers as congregate senior meal sites.


            Economic Development and Tourism


            Request for approval of the sale of Lot 3, Christopher C. Ford Commerce Park Replat Number 1 to Lambry Properties, LLC, at $50,000.00 per acre for approximately 5.93 acres and approval to execute all related documents.


            Environmental Services


            Request for approval to transfer funds, authorize purchase and execution of purchase contract for McGuire Property, AK Number 3555449, contiguous to the Lady Lake Landfill.


            Growth Management


            Request for approval to advertise Ordinance Amending Section 10.02.02 of the Lake County Code, Appendix E, Land Development Regulations, entitled Temporary Housing during Construction.


            Procurement Services


            Request from Procurement Services for approval and authorization for the removal of all of the items on the attached "Surplus" lists from the County's official fixed asset inventory system records; declare the items on the attached "Disposal" list surplus to County needs, and authorize disposal as described; and authorize the Procurement Services Director to sign the vehicle titles.


            Public Safety


            Request for approval of the renewal of an Agreement with Lake-Sumter Emergency Medical Services, Inc. (LSEMS) in which Lake County reimburses LSEMS for the cost of dispatch services $10.00 per dispatch incident, not to exceed $13,000.00 per month for the Fiscal Year 2004-2005.


            Request for approval of the renewal of an Agreement with Lake-Sumter Emergency Medical Services, Inc. (LSEMS) that will provide a reimbursement of $200,000.00 to Lake County Fire Rescue for providing first response advanced life support services for Fiscal Year 2004-2005.


            Public Works


            Request for approval of Resolution 2004-132 authorizing to reduce the speed limit on Country Club Road (5170) in the Eustis area.


            Request for approval of Resolution 2004-133 authorizing to raise the speed limit on East Dewey Robbins Road (2729) south of Howey-in-the-Hills.


            Request for approval and authorization to accept the final plat for Grand Island Estates and all areas dedicated to the public as shown on the Grand Island Estates final plat; accept a Letter of Credit in the amount of $557,643.00; and execute a Developer's Agreement for Construction of Improvements between Lake County and Shamrock Development. Grand Island Estates consists of 47 lots – Commission District 4.


            Request for approval and authorization to accept the final plat for Spring Valley Phase VIII and all areas dedicated to the public as shown on the Spring Valley Phase VIII plat; accept a Letter of Credit for Performance in the amount of $139,728.00; and execute a Developer's Agreement for Construction of Improvements between Lake County and Siena Home Corporation. Spring Valley Phase VIII consists of 50 lots – Commission District 2.


            Request for approval of and authorization for Chairman to execute satisfaction of liens for 21 road assessments as follows:


Assessment # / Name / Date Paid


689031 / Richard D. Stone / 06/11/04

692017 / Edward C. Spaulding / 07/12/04

693002 / Donald & Rhonda Smith / 06/30/04

694106 / Harry Jones & Eunice Cisco / 07/29/04

694031 / John Atkinson / 06/07/04

694032 / John Atkinson / 06/07/04

694143 / Willis & Jean Tuttle / 08/03/04

698015 / Richard Gonzalez / 06/16/04

699001 / Kenneth & Deborah Gernenz / 07/08/04

699004 / Thomas & Nancy Allen / 07/08/04

699005 / David & Jacqueline Wimberly / 07/16/04

699006 / Esme Ross, Et Al / 07/09/04

699009 / Arthur & Margo Edwards / 07/13/04

699012 / Antonio & Francisca Hernandez / 06/22/04

699013 / Lawrence & Lisa Spahn / 07/13/04

699014 / Rupert & Rhonis Barnard / 07/13/04

699015 / Michael Maury / 07/13/04

699016 / Mark & Kimberly Conner / 07/13/04

699019 / William & Wendell Landt / 07/13/04

699021 / Richard A. Masney, Sr. / 06/17/04

699023 / John & Wanda Whitener / 07/08/04


            Request for approval of an extension Agreement until January 1, 2005 of the Regional Park Grant for the National Training Center and authorization for Chairman to execute Agreement upon submittal.


            Request for approval of an extension until January 1, 2005 and revisions to the Boating Improvement Grants for the City of Umatilla and authorization for Chairman to execute the Agreement when submitted.


            Request for approval to award the ten Recreation Facilities Grants as recommended by the Parks and Recreation Citizen Advisory Board in the amount of $166,240.00 and approval for the Chairman to execute the Agreements when submitted. Approval is based on the budget adoption as submitted for Fiscal Year 2004-2005.


            Request for approval to award Regional Park Development Grant in the amount of $150,000.00 to the Lake County Youth Soccer League to light the sportsfields at Hickory Point Park and authorization for Chairman to execute the Agreement when submitted. Approval is based on the budget adoption as submitted for Fiscal Year 2004-2005.


            Request for approval of a Recreation Facilities Grant to the City of Umatilla for $13,737.00 to provide renovations to the Southside Field and authorization for Chairman to execute the Agreement when submitted. Agreement should be for six months or until April 1, 2005.


            Request for approval and signatures on the Certified Budget for Arthropod Control for Fiscal Year 2004-2005 in the amount of $37,046.00.

            PUBLIC HEARING - MT. PLYMOUTH-SORRENTO PLANNING ADVISORY COMMITTEE

            Commr. Stivender opened the public hearing regarding the approval of an ordinance creating the Mt. Plymouth-Sorrento Planning Advisory Committee. No one was present who wished to address the Board regarding the proposed ordinance and the public hearing portion of the meeting was closed.

            Commr. Hanson stated that Mr. Keith Schue, who has been instrumental in working on this committee, is out of the state. She requested that this item be postponed until next week.

            Mr. Sandy Minkoff, County Attorney, remarked that this item will be postponed until September 21, 2004, because it must be readvertised.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board postponed the public hearing on an ordinance creating the Mt. Plymouth-Sorrento Planning Advisory Committee until September 21, 2004.

            PUBLIC HEARING - FEE SCHEDULES FOR FISCAL YEAR 2004-2005

            Commr. Stivender opened the public hearing regarding the approval of a resolution adopting Fee Schedules for Fiscal Year 2004-2005. No one was present who wished to address the Board regarding the postponement of the proposed resolution and the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board postponed the public hearing on a resolution adopting Fee Schedules for Fiscal Year 2004-2005 until September 21, 2004.

            PUBLIC HEARING - FINAL ASSESSMENT RESOLUTION FOR SOLID WASTE COLLECTION AND DISPOSAL

            Commr. Stivender opened the public hearing regarding the approval and execution of the Final Assessment Resolution for Solid Waste Collection and Disposal for Fiscal Year beginning October 1, 2004. No one was present who wished to address the Board regarding the postponement of the proposed resolution and the public hearing portion of the meeting was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board postponed the public hearing on the approval and execution of the Final Assessment Resolution for Solid Waste Collection and Disposal for Fiscal Year beginning October 1, 2004, until September 14, 2004, at 9:00 a.m. or as soon thereafter as possible.

            PUBLIC HEARING - FINAL FIRE AND RESCUE ASSESSMENT RESOLUTION

            Commr. Stivender opened the public hearing regarding the approval and execution of the Final Fire and Rescue Assessment Resolution for Fiscal Year beginning October 1, 2004. No one was present who wished to address the Board regarding the postponement of the proposed resolution and the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board postponed the public hearing regarding the approval and execution of the Final Fire and Rescue Assessment Resolution for Fiscal Year beginning October 1, 2004, until September 14, 2004, at 9:00 a.m. or as soon thereafter as possible.

            PUBLIC HEARINGS - RESOLUTIONS

            Commr. Stivender opened the public hearing regarding the postponement of the following six resolutions:

          approval and execution of the Village Green Subdivision Street Lighting resolution;

          approval and execution of the Greater Hills Municipal Service Benefit Unit resolution;

          approval and execution of the Greater Pines Subdivision Municipal Service Benefit resolution;

          approval and execution of the Greater Groves Municipal Service Benefit Unit resolution;

          approval and execution of the Valencia Terrace Subdivision Street Lighting resolution;

          approval and execution of the Picciola Island Subdivision Street Lighting resolution.

            No one was present who wished to address the Board regarding the postponement of these proposed resolutions and the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board postponed the public hearing on six proposed resolutions as listed above until September 14, 2004, at 9:00 a.m. or as soon thereafter as possible.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            GROWTH MANAGEMENT - OPEN SPACE SEMINAR

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request by Growth Management to seek sponsors for the Open Space Seminar which is planned for October 18, 2004.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Vinny Banks of Lisa Dare Drive, in the Montclair area of Leesburg, stated that Lake County Transit now refuses to come down his dirt road to pick up his wife who is partially paralyzed. He stated that the County knows the condition of the dirt road. While he does not drive, residents of some of the other 12 houses on the road do drive on it. He requested that the bus continue to come down his road to pick them up.

            Mr. Ken Harley, Public Transportation Manager, stated that this private road has been deemed impassable by the Public Works Department, therefore, Lake County Transit cannot traverse the road. Mr. Banks lives about 2/10 mile off County Road 468.

            Mr. Bill Neron, County Manager, stated that Lake County Transit’s vehicles were being damaged while trying to access residents on this road, even to the point of having to use a wrecker to get a vehicle out. He stated that Public Works employees have gone out to look at the road. He explained that Lake County Transit does not require that residents live on publicly maintained roads, but the roads must be passable.

            Ms. Cindy Hall, Assistant County Manager, stated that the Public Works Department informed her that it is a private road and there is no right of way.

            Commr. Cadwell asked if any block grant money might be available for a one-time maintenance to make the road passable.

            Mr. Sandy Minkoff, County Attorney, pointed out there is a difficulty doing one-time maintenance where there is no right of way. He stated that, if an emergency situation were to be declared, a one-time maintenance could be authorized, per an Attorney General’s opinion last year.

            Commr. Hill made a motion to have staff consider this an emergency situation and handle the issue without bringing it back to the Board for further approval.

            Under discussion, Mr. Neron stated that he will provide a written, follow-up report to the Board, stressing that this is a one-time maintenance because of an emergency.

            Commr. Hanson stated that by getting neighbors to dedicate the right-of-way to the County, working through Ms. Patti Harker and the Public Works Department, the road might be able to be brought into the County maintenance system.

            Commr. Hill pointed out that there may be other emergency situations due to the storm that will require funding.

            Commr. Hanson seconded the motion which carried unanimously, by a vote of 5-0.

            OTHER BUSINESS

            PUBLIC LAND ACQUISITION ADVISORY COUNCIL

            At the request of Commr. Hanson, the appointment of individuals to upcoming vacant positions on the Public Land Acquisition Advisory Council will be postponed until September 14, 2004.

            LAKE COUNTY LIBRARY ADVISORY BOARD

            On a motion by Commr. Hill, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board appointed Mr. James Page as Lady Lake Public Library’s alternate member to the Lake County Library Advisory Board.

            MT. PLYMOUTH-SORRENTO PLANNING ADVISORY COMMITTEE

            At the request of Commr. Hanson, the appointment of individuals to the Mt. Plymouth-Sorrento Planning Advisory Committee will be postponed until September 21, 2004, in conjunction with the request for approval of an ordinance to create the committee.

            RESOLUTION HONORING JORDAN HENDRICKS AND JONATHAN JENNINGS

            Mr. Minkoff noted that the presentation of this proposed resolution was postponed until September 14, 2004, but that the resolution itself should be approved today.

            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-117 honoring Jordan Hendricks and Jonathan Jennings for winning the silver medal for beach volleyball at the Junior Olympics’ national competition.

            REPORTS - COUNTY ATTORNEY

            HUMAN SERVICES GRANT ADVISORY COUNCIL

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved Resolution 2004-134, amending Resolution 1997-45, regarding membership on the Human Services Grant Advisory Council.

            SETTLEMENT AGREEMENT AND SATISFACTION - LAKE COUNTY VS. LEFEVRE

            On a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved a Settlement Agreement, Lake County vs. Elizabeth Ann LeFevre, Circuit Civil Case No. 2004-CA-1837, Code Enforcement Board Case CEB No. 215-99; and, in consideration of the payment of the sum of $117.50, approved Satisfaction and Release of Fine, fully releasing and discharging Judgment-Debtor, Elizabeth Ann LeFevre, from any claims, demands, causes of action and judgments arising to the Order of Fine in the amount of $5,100.00, dated November 10, 1999, and recorded in Official Record Book 1768, Pages 1326 through 1327, of the Public Records of the Clerk of Circuit Court of Lake County, Florida, on November 15, 1999; and Second Order of Fine, in the amount of $11,314.00, dated February 25, 2000, and recorded in Official Record Book 1798, Pages 1856 through 1857, of the Public Records of Clerk of Circuit Court of Lake County, Florida, on March 1, 2000.

            REAL ESTATE PURCHASE AND SALES AGREEMENT (ADDENDUM NO. 1)

            Mr. Minkoff explained that a discussion needs to occur on the decision relating to the Real Estate Purchase and Sales Agreement for property in Umatilla between William F. Polk, Jr., Martha Q. Polk, Alice Palmer Polk and Mary Louise Polk and Lake County. His office has been assured that the Polks will submit a letter giving an additional seven-day extension on the agreement.

            At the request of Commr. Cadwell and Mr. Minkoff, this item will be postponed until September 14, 2004.

            REPORTS - COMMISSIONER STIVENDER - CHAIRMAN AND DISTRICT #3

            PROCLAMATION - GRAND INAUGURAL OF THE ELEVENTH PRESIDENT OF THE UNIVERSITY OF FLORIDA

            On a motion by Commr. Hanson, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved Proclamation 2004-135 celebrating the days of September 9-10, 2004, as “The Grand Inaugural of the Eleventh President of the University of Florida.”

            TELEVISION COVERAGE OF HURRICANE FRANCES

            Commr. Stivender stated that staff has sent continuous e-mails and press releases and made phone calls to the Orlando television stations who were reluctant to report from Lake County, possibly because other areas were hit harder by Hurricane Frances. She stated that the stations did not attend a press conference on Monday, September 6. In the event of another storm, she requested that Lake County residents turn on radio station 790AM because they diligently covered the storm and the station houses with Lake County Emergency Management officials during emergencies.

            GRANT - FLORIDA COMMUNITIES TRUST

            Commr. Stivender stated she presented a grant application to the Florida Communities Trust (FCT) in Tallahassee on September 1, 2004, regarding the Ferndale on Lake Apopka project. Lake County was awarded a $1.95 million grant from FCT to buy the acreage for a regional park.

            REPORTS - COMMISSIONER HANSON - DISTRICT #4

            INFORMATIONAL BROCHURE - PUBLIC LAND ACQUISITION REFERENDUM

            In response to a request by Commr. Hanson, Mr. Neron stated that he will provide, at a later date, an update on the informational brochure for the Public Land Acquisition referendum which is on the November 2, 2004, ballot.

            REPORTS - COMMISSIONER CADWELL - DISTRICT #5

            HURRICANE FRANCES

            Commr. Cadwell stated that his district was hit hard by Hurricane Frances and that staff has responded greatly. He noted that recovery efforts from this point forward will be remembered.

            REPORTS - COMMISSIONER HANSON (CONTINUED)

            VOLUNTEERS

            In response to an inquiry by Commr. Hanson regarding volunteers who want to help with the hurricane recovery efforts, Mr. Neron asked that volunteers call the Citizens’ Information Hotline, 352-343-9732 (activated only during emergencies).

            RECESS AND REASSEMBLY

            At 10:10 a.m., Commr. Stivender announced a five minute break.

            CLOSED SESSION - LITIGATION

            Mr. Sandy Minkoff, County Attorney, announced that a closed session, pursuant to Florida Statute 286.011, was requested at the last Board meeting. It has been advertised. The purpose of the meeting will be to discuss pending litigation in which the County is a party and will involve only settlement negotiations and strategy sessions. The court reporter will record the entire session, recording the beginning and ending times, and no portion of the session will be off the record. Persons attending the session will be the five Commissioners, the County Manager, the County Attorney and the court reporter. The closed session will commence now, at 10:25 a.m., and will last approximately twenty minutes.

            RECONVENE

            Commr. Stivender reconvened the meeting and announced that the closed session was terminated at 10:45 a.m.

            RECESS

            At 10:45 a.m., Commr. Stivender announced that the Board would recess until 5:05 p.m. for the first Public Hearing on Budgets for Fiscal Year 2004/2005.

            RECONVENE

            5:05 P.M. PUBLIC HEARING - BUDGETS FOR FISCAL YEAR 2004/2005

            At 5:10 p.m., Commr. Stivender reconvened the meeting and announced that the public hearing would be postponed. She opened the First Public Hearing on Budgets for Fiscal Year 2004/2005 and called for public comment on the postponement. No one present wished to address the Board regarding the postponement and the public hearing portion of the meeting was closed.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved to postpone the First Public Hearing on Budgets for Fiscal Year 2004/2005 until September 14, 2005, at 5:05 p.m. or as soon thereafter as possible.

            AFTERNOON UPDATE - HURRICANE FRANCES

            Commr. Stivender stated that water, ice and food will be provided for residents tonight at the Public Library in Paisley. She commented that this evening’s press release gives information on shelter closings, the closing of schools on Wednesday, water and ice distribution centers, Salvation Army feeding sites, oxygen availability sites, and curfew information.

            Mr. Jim Stivender, Jr., Public Works Director, gave an update on road openings, traffic signals and debris cleanup. He stated that debris cleanup will begin tomorrow and continue through the end of the month. Staff crews are being utilized as guides to direct Grubbs Emergency Services around Lake County. He stated that fuel availability is not a problem. Morgan’s Tree Service, KMG Fence, the cities of Tavares, Mount Dora, Leesburg, Lake County Sheriff’s Office and Lake-Sumter EMS have all been active in recovery efforts. He estimated that citizens have already cleared roads in 50% of the areas he visited today. Sand and bags are being delivered to the Astor Community Center and engineers are doing studies on the status of potential flooding. The flood stage event is being compared to Tropical Storm Gabriel in 2001 which created flooding in Astor. Each home in the Astor area has a grinder for the sewer system and must have power to operate the system.

            Emergency Request - Fuel Tanker

            Mr. Gary Kaiser, Public Safety Director, stated that there has been a challenge this week in trying to shuttle fuel between dozens of generators at different sites. He stated that there is an opportunity to secure a refurbished 2,000 gallon fuel tanker from a firm in Spartanburg, South Carolina, with Lake County being first in line for refusal, at a cost of $58,900.00. He requested Board approval of the purchase, pending reimbursement from FEMA (Federal Emergency Management Agency).

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved to place said item on the agenda.

            Commr. Pool made a motion, which was seconded by Commr. Hanson, for approval to purchase the refurbished 2,000 gallon fuel tanker from a firm in Spartanburg, South Carolina, at a cost of $58,900.00, pending reimbursement from FEMA.

            Under discussion, Commr. Hanson stated that, if the equipment is needed, it would be needed regardless of reimbursement from FEMA.

            Commr. Stivender stated that the equipment is needed all the time and getting fuel for emergency vehicles has been a challenge.

            Mr. Kaiser stated that his department has been unable to get confirmation from FEMA at this time that the purchase would be reimbursed. He estimated the cost of a new tanker to be in excess of $100,000.00.

            Commr. Pool amended his motion to specify that the tanker be purchased regardless of reimbursement by FEMA. Commr. Hanson amended her second.

            Under discussion, Commr. Cadwell stated that the normal purchasing process should be used if this particular tanker purchase is not reimbursed by FEMA as an emergency purchase.

            Mr. Kaiser reiterated that this request is contingent on reimbursement by FEMA. He stated that, if the cost of this particular tanker is not reimbursed by FEMA, he can come back, research it, look at the need and go through the normal procurement process if a similar, used tanker were to be purchased by the County at a later date. Funds would be requested from the General Fund because the tanker would be for use by the Sheriff’s Office, Public Safety, Public Works, EMS and others. He stressed that there is a need for this equipment but time is of the essence for this opportunity for this particular tanker.

            Commr. Pool stated that the worth of a tanker can be researched but he is convinced this reconditioned tanker would be worth this price.

            Commr. Stivender stated that the Procurement Services Department has researched this.

            Commr. Cadwell suggested that funding could come out of transportation and fire funds as opposed to the general fund.

            Mr. Stivender agreed that would be acceptable. He stated that 8,000 gallon transports can be delivered to Astatula but those are too big to handle at any of the other distribution sites. He stated that distribution issues have been discussed since 1992 because of reliability during emergencies.

            Mr. Kaiser explained that there is a State of Florida tracking list where equipment needs and suppliers can be entered.

            Commr. Stivender stated that Procurement and the EOC came across the equipment through the tracking system and thought it was a good deal.

            Mr. Kaiser clarified once more that the request to purchase this particular refurbished tanker is contingent upon FEMA reimbursement. He stated that there are other used tankers on the market and a tanker will be added to the list of other items that will be researched after these storms. He suggested following the normal process if the reimbursement from FEMA is not available. He stated that the opportunity is here and there is a need.

            Commr. Hanson withdrew her second to the amended motion and Commr. Pool stated that he will amend the amended motion, thereby going back to the original motion.

            On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously, by a vote of 5-0, the Board approved the request to purchase a refurbished 2,000 gallon fuel tanker from a firm in Spartanburg, South Carolina, at a cost of $58,900.00, pending reimbursement from FEMA.

            Commissioners Pool and Stivender, in expressing a need for a fuel tanker, requested that a tanker be found and information be brought back to the Board at a later date if this particular tanker is not purchased.

            FEMA Paperwork

            Mr. Neron informed the Board that there are a number of firms that specialize in assisting local governments in preparing FEMA paperwork. There are a couple of contracts that could be piggybacked on and the Lake County School Board and several of the cities are interested in this. He stated that staff is pursuing this opportunity and it is FEMA reimbursable.

            Overview by Emergency Management Director

            Mr. E.E. “Butch” Whitehead, Emergency Management Director, gave an afternoon update on Hurricane Frances recovery efforts. He stated that it appears the National Guard will help with distribution of food, ice, water and sand bags. He gave a very preliminary estimate that the storm damage will be in excess of $3 million for Lake County.

            Commr. Stivender stated that the FEMA reimbursement rate is 75% to 25% local. She remarked that coverage could go up to 90% if Lake County’s officials contact state legislators. She requested that each Board member make a personal call to each state legislator. She stated that she will send something from the Board as a whole.

            Commr. Stivender stated that she talked this afternoon to Mr. William Hoffman, WFTV’s general manager, and asked why they are not covering Lake County. He related that there are more extreme circumstances in other counties and assured Commr. Stivender that reporters will cover Lake County’s news and efforts. She announced that the video tape of this morning’s County Commission meeting has been delivered to Lake-Sumter Community College and may be broadcast this evening, providing Lake County residents with information on local storm recovery efforts.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 5:35 p.m.

 

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DEBBIE STIVENDER, CHAIRMAN


ATTEST:




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JAMES C. WATKINS, CLERK