A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 6, 2005

The Lake County Board of County Commissioners met in regular session on Tuesday, September 6, 2005, 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: Jennifer Hill, Chairman; Catherine C. Hanson, Vice Chairman; Debbie Stivender; Welton G. Cadwell; and Robert A. Pool.  Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, Board of County Commissioners’ Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Toni M. Riggs, Deputy Clerk.

INVOCATION AND PLEDGE OF ALLEGIANCE

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

            EMERGENCY MANAGEMENT/PUBLIC SAFETY

            Commr. Hill stated that, before the Board proceeds with their agenda updates, she would like to ask Chief Jim Dickerson, Public Safety, who has just returned from the region that was affected by Hurricane Katrina, to give the Board an update on that situation, and then Mr. Jerry Smith, Director of Emergency Management, would like to comment on their participation as a County.

            Chief Dickerson addressed the Board and stated that he and Lt. Charles Blinco were part of the Central Florida Task Force 4. They left last Wednesday and were deployed into the Pascagoula area, which is east of Biloxi, Mississippi.  They searched about 300 structures and cleared them and then came home on Sunday.  They still have a tanker and two firefighters that are part of a five tanker strike team out of Central Florida that are providing fire coverage for the City of Biloxi.  Chief Dickerson explained that the people in Biloxi are real tired and their fire chief had them stay in the fire station during the storm, and they lost everything including their personal vehicles and fire station.  Also Mr. Randy Jones left last Wednesday, and he is providing the logistics for the LSA in Louisiana and Alabama; he is with the overhead team with DOF, and he will be gone for about 16 days.  Chief Dickerson stated that he has about 450 pictures that he is putting up on a slide show on the Fourth Floor of the Administration Building, and they will be running all day; the people in Florida are lucky they are prepared for disasters.

            The Board members extended their appreciation to Chief Dickerson and staff for their time and commitment.

            Commr. Hanson wanted to know whether the slide show would be something that could be put on the County’s web site, and Chief Dickerson noted that staff has been in touch with Mr. Chris Patton, Communications Coordinator.

            Mr. Smith, Director of Emergency Management, addressed the Board and reiterated the information that was provided by Chief Dickerson pertaining to those individuals who were deployed from the County noting that there was also a member of Lake County Fire and Rescue that was activated for the National Guard to deploy.  The Sheriff sent approximately 12 individuals and equipment to that region; Lake Sumter Emergency Management Services (EMS) sent roughly three ambulances and some support staff to the area.   Through the efforts of four American Red Cross Chapters covering 14 counties, a regional shelter for displaced individuals was set up at the Florida Bible Baptist Camp off of Baptist Island Road just north of Mascotte.  He was there last night, and they are making a lot of preparations at the site, and there are approximately 33 evacuees there at this time.  The American Red Cross is also using it as a center for providing assistance.  Mr. Smith discussed donations that have been made noting that the walls are lined with many items including diapers, toiletries, blankets and clothing, but they recommend that people donate cash and he explained why.  Last week, they had a conference call with the municipalities on the issue of fuel within the County.  He has been assured by Public Works that their fuel situation for the County is doing well.  He just spoke with representatives from Lake County Schools, and they expect a delivery this afternoon for their busses, so that will not be an issue and, by polling the municipalities, they seem to be okay.  He also talked to Mr. Greg Mihalic, Director of Economic Development/Tourism, and they will be addressing the situation on the commercial side of that for the consumers within the community.  The State has reported that there is fuel and, within the next six days, there should be another 215 million gallons brought into the system, so it is just an issue of being able to conserve it and appropriately manage that system.

            Commr. Stivender pointed out that the LASER Team was formed after the last hurricanes, and Mr. Smith noted that the members of the LASER Team were actually deployed as part of the Florida Baptist disaster relief.

            Ms. Cindy Hall, County Manager, explained that the County’s transportation provider, MV Transport, sent two of their newer busses to Mississippi on Friday to assist in the evacuation.  Mr. Gary Kaiser, Public Safety Director, with his background and contacts with the US Navy, is working as an interface with the civilian and military assistance structures, so they have had a lot of contact and assistance that is actually integral to the entire process.

            Commr. Hill stated that they have tried to step up as a County to help with requests for assistance, and she thinks they have done a very admirable job.

            Mr. Smith stated that last week he cautioned the municipalities about it now being September, which is historically the busiest month for hurricanes, so they have to guard their resources appropriately.  He thinks that all of the agencies that have participated have done a very good job.

            AGENDA UPDATE

            Ms. Cindy Hall, County Manager, noted that she had no agenda updates.

            Mr. Sandy Minkoff, County Attorney, stated that he would like to add an item to the agenda regarding the tax roll.  It is a request from the Tax Collector to use an interim tax roll this year because of the Value Adjustment Board (VAB) hearings; this is a similar process to what they have done in the past.  He noted that the item will be brought up under his reports.

            Commr. Cadwell stated that, under his reports, he has one clarification on a rezoning case, Harbor Hills, because there had been a question about what the motion included.  He stated that this item will require action by the Board, so he would like to put it on the agenda under his business.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to add to the agenda the request regarding Harbor Hills, as noted.

            ELECTED OFFICIALS

            Commr. Hill recognized Mr. Ray Goodgame, City Council, City of Clermont, and Mr. Chris Bell, Mayor of Fruitland Park.

            MINUTE APPROVAL

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 12, 2005, Regular Meeting, as presented.

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 25, 2005, Special Meeting – Budget Workshop, as presented.

            Commr. Hanson referred to the Minutes of July 26, 2005, Regular Meeting, and noted that the Board had asked about the septic tank issue in the Wekiva, and Ms. Cindy Hall, County Manager, noted that staff is working on that item.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Minutes of July 26, 206, 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 August 9, 2005, Regular Meeting – Board Retreat, as presented.

            CLERK OF COURT’S CONSENT AGENDA

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 9, as follows:

            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.

 

            Contractor Bonds

 

            Request to approve the following Contractor Bonds:

 

New

 

1433-07           Daniel H. Judy d.b.a. Dan Judy Plumbing

5475-06           Jonathon Scott Gordon d.b.a. Gordon Electric

5765-05           Byron M. Greenlee d.b.a. G. W. Electric Inc.

5970-06           Paul Bonadonna d.b.a. Central Florida Landscaping & Maintenance, Inc.

6208-06           Winston D. Clark LLC d.b.a. Clark Electric

6397-05           David LeMois d.b.a. Electrical Maintenance Systems, Inc.

6402-05           Michael Summerfield d.b.a. Advent Electric, LLC

6403-05           Red Raider Enterprises Inc. d.b.a. Lee Electrical Technologies

6404-05           Wylie Hamilton d.b.a. Prime Electric LLC

6405-05           Kevin Paul Huntzinger d.b.a. United Electrical Contractors, Inc.

6406-05           Robert D. Wright d.b.a. C M Electric LLC

6407-06           William Herbert Evans d.b.a. All Pro Roofing USA, Inc.

 

Rider

 

5006-07           Gary Heath, Gary Heath Construction, Inc.

Change Expiration Date from Oct. 1, 2006 to

Oct. 1, 2007

 

Cancellation

 

6350-05           Dave Loden d.b.a. Dave Loden Construction, Inc.


            Monthly Distribution of Revenue Traffic/Criminal Cases     

 

            Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases, month ending July 31, 2005:  Disbursements due to Board - $141,697.23; same period last year - $70,998.74.

 

            Annual Report/Five-Year Plan/Water Authority

 

            Request to acknowledge receipt of the 2004 Annual Report and 2004-2009 Five-Year Plan from the Lake County Water Authority, in accordance with Chapter 29222, Laws of Florida.

 

            Florida Public Service Commission/Progress Energy Florida, Inc.

 

            Notice of Hearing from the Florida Public Service Commission to Progress Energy Florida, Inc., Florida Industrial Power Users Group, Florida Retail Federation, AARP, Office of Public Counsel, White Springs Agricultural Chemicals, Inc., The Commercial Group, Buddy L. Hansen/Sugarmill Woods Civic Association, Inc., and All Other Interested Persons - Docket No. 050078-EI.  Petition For Rate Increase By Progress Energy Florida, Inc., Issued:  August 2, 2005.

            Notice is hereby given that a hearing will be held before the Florida Public Service Commission in the above referenced docket, at the following time and place:  Wednesday, September 7, 2005, 9:30 a.m., Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.  September 8-9, 2005, and September 12-16, 2005, has also been reserved for continuation of the hearing, if needed. 

            Any person requiring some accommodation at this hearing, because of a physical impairment, should call the Division of the Commission Clerk and Administrative Services at (850) 413-6770, at least 48 hours prior to the hearing.  Any person who is hearing or speech impaired should contact the Florida Public Service Commission, by using the Florida Relay Service, which can be reached at 1-800-955-8771 (TDD).

 

            Audit/Value Adjustment Boards

 

            Request to acknowledge receipt of Report No. 2006-007, a Performance Audit of County Value Adjustment Boards from July 1, 2003 through June 30, 2004, from the Auditor General, State of Florida, Tallahassee, Florida.

 

            Lake Community Development District/Proposed Budget

 

            Request to acknowledge receipt of The Estates at Cherry Lake Community Development District Proposed Budget Fiscal Year 2004/2005 (June 13, 2005 – Sept. 30, 2005; and Proposed Budget Fiscal Year 2005/2006 (Oct. 1, 2005 – Sept. 30, 2006).

            Southwest Florida Water Management District/Agenda

 

            Request to acknowledge receipt of the Southwest Florida Water Management District’s Agenda for the Governing Board Meeting August 30-31, 2005, 9:00 a.m.

 

            City of Umatilla/Ordinances/Annexation

 

            Request to acknowledge receipt from the City of Umatilla the following Ordinances:  Annexation Ordinance 2005-C – Property Owned by Paul W. Bryan, II; and Transmittal Ordinance 2005-C-1 – Change Land Use Plan from Lake County Urban to City of Umatilla General Commercial – Property Owned by Paul W. Bryan, II.

 

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Hanson stated that she had a question about Tab 7 regarding the Ordinance to change the Lake County Citizens’ Commission for Children to the Lake County Children’s Services Council.  She stated that the only thing that concerns her somewhat is that the Commission was never set up to actually provide services; it was set up to coordinate services or to be kind of an umbrella.  She is not sure whether this sends a message that they may be going in a different direction, or helping to provide funding but never providing services.

            Commr. Stivender stated that she is the liaison to the Citizens’ Commission for Children, and they did discuss this issue and, even though this is the name they decided on, they are still doing what the Commission was designed to do, as Mr. Smith can explain.

            Mr. Fletcher Smith, Director of Community Services, addressed the Board and explained that some time ago the Children’s Commission looked at the concept of changing their name to Children’s Services Council to fall in line with other counties that have similar advisory committees.  It also makes the Children’s Commission much more identifiable as a Children’s Services Council rather than the Department of Children and Families.  There are a number of other Children’s Commissions in other counties that are set up by Statute, but Lake County has a dependent council whereas some of the others are independent; and there are others besides Lake County that do not have a dedicated funding source.

            Commr. Hanson stated that the dependent ones do not have a dedicated funding source; the independent ones do.  She does not have a problem with the change as long as it is clear that they are still not providing the services but they are supporting those agencies that do.

            Mr. Smith explained that his office has received many calls for Department of Children and Families, so there is still that communication issue with the public.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 24, as follows:

            Budget Transfer/Department of Public Safety

 

            Request from Budget for a budget transfer – County Fire Control Fund, Department of Public Safety, Fire Rescue Division. Transfer $40,000.00 from Professional Services ($10,000.00), Contractual Services ($5,000.00), Communications ($15,000.00), Volunteer Recognition ($5,000.00) and Fire Station Repair and Maintenance ($5,000.00) to Operating Supplies. Additional funds are needed to increase the purchase order for fuel to cover a deficit that is a result of the increase in fuel and oil prices. Funds available in the accounts listed.

 

            Budget Transfer/ Department of Facilities Development and Management

 

            Request from Budget for a budget transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division. Transfer $225,600.00 from Building Maintenance – Repair and Maintenance to Energy Management – Overtime ($3,500.00), Utility Services ($214,600.00), and Repair and Maintenance ($7,500.00). Funds needed for additional overtime due to building projects that were not planned during the budget process that required after hours assistance for outside contractors. Funds needed for utility services, as utility rates have increased at an unpredictable rate this year. Funds also needed to provide mechanical work for building projects that were not planned during the budget process. Funds available in Building Maintenance – Repair and Maintenance, as the carpet in the Administration Building will not be replaced this year.

 

            Budget Transfer/Department of Facilities Development and Management

 

            Request from Budget for a budget transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division. Transfer $50,000.00 from Repair and Maintenance to Overtime ($40,000.00), Rentals and Leases ($5,000.00), and Office Supplies ($5,000.00). Funds needed for additional overtime due to building projects that were not planned during the budget process that required after hours assistance for outside contractors, and other work that cannot be accomplished during the hours the buildings are occupied. Funds needed for Rentals and Leases, as the Mail Receiving temporary building rental was not budgeted. Funds also needed for Office Supplies, due to expenditures for open office systems for unplanned department changes that were directed to be paid out of Building Maintenance funds. Funds available in Repair and Maintenance, as the carpet in the Administration Building will not be replaced this year.

 

            Budget Transfer/Department of Public Works/Sales Tax Capital Projects

 

            Request from Budget for a budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Public Works. Transfer $2,400,000.00 from Roads to Special Reserve – Facilities. On June 7, 2005, the Board of County Commissioners approved the transfer of $2,400,000.00 from the Renewal Sales Tax Capital Projects Fund Special Reserve for additional funding to complete particular road projects. Since that time accounting has been changed to accommodate the transfer. The original transfer can be reversed, and used for facilities projects.

 

            Budget Transfer/Constitutional Offices/Sheriff

 

            Request from Budget for a budget transfer – General Fund, Constitutional Offices/Sheriff. Transfer $95,021.00 from Contingency – Sheriff ($83,045.00); Law Enforcement – Operating ($9,388.00); and Juvenile Court ($2,588.00) to Law Enforcement – Equipment ($83,045.00); Law Enforcement – Equipment ($9,388.00); and Corrections – Equipment ($2,588.00). The Sheriff is requesting this transfer pursuant to F.S. 30.49. Sufficient funds are available in the accounts listed.

 

            Budget Transfer/Department of Community Services/LifeStream Behavioral Center

 

            Request from Budget for a budget transfer – General Fund, Department of Community Services, Administration Division. Transfer $100,000.00 from Medicaid Nursing Home to LifeStream Behavioral Center. Additional funds are needed to LifeStream Behavioral Center to cover the costs associated with the provision of mental health services. Funds available in Medicaid Nursing Home.

 

            Resolution/Unanticipated Revenue/Disaster Volunteer Management Program

 

            Request from Budget for approval of Resolution 2005-129 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $7,200.00 deposited into Disaster Volunteer Management Program and provide appropriations for the disbursement for Personal Services ($5,710.00), Travel and Per Diem ($750.00) and Office Supplies ($740.00). Funds were received from Volunteer Florida, the Governor's Commission on volunteerism and community service, and will provide appropriations for activities pertaining to the disaster volunteer management initiative.

 

            Resolution/Unanticipated Revenue/Cultural Affairs Special Projects/Grant Funding

            Start with the Arts Program

 

            Request from Budget for approval of Resolution 2005-130 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $200.00 deposited into Cultural Affairs Special Projects and provide appropriations for the disbursement for Promotions/Special Events. Funds were received from VSA Arts of Florida education program support grant funding and will provide appropriations for the Start with the Arts Program.

 

            Resolution/Hurricane Housing Recovery Program/Grant Funding

 

            Request from Budget for approval of Resolution 2005-131 to amend the Hurricane Housing Recovery Program Trust Fund in order to receive unanticipated revenue for Fiscal Year 2004-2005 in the amount of $209,113.00 deposited into Hurricane Housing Recovery Program and provide appropriations for the disbursement for Personal Services ($3,888.00), Operating Supplies ($5,225.00), and Other Grants and Aids ($200,000.00). Funds were received from the State Hurricane Housing Recovery Grant funding and will provide appropriations for hurricane housing recovery.

 

            Resolutions/Assessment Rolls/Subdivisions

 

            Request from Budget for approval and authorization for the Chairman to sign Resolution 2005-132 providing for certification of the assessment rolls for the Greater Hills Municipal Service Benefit Unit, Greater Groves Municipal Service Benefit Unit, Greater Pines Subdivision, Picciola Island Subdivision, Valencia Terrace Subdivision, and Village Green Subdivision; providing for certified copies; providing for effect of adoption of Resolution; and providing for an effective date.

 

            Grant Agreement for Patron Self Checkout

 

            Request from Community Services for approval and signature of grant agreement and accompanying forms for the Fiscal Year 2005-2006 Library Services and Technology Act (LSTA) Grant Agreement for Patron Self Checkout.

 

            American Library Association Grant Application

 

            Request from Community Services for approval to submit an American Library Association (ALA) grant application and to authorize signature on grant documents for the Let's Talk About It: Jewish Literature Grant.

 

            Advertise Ordinance/Citizens’ Commission for Children

 

            Request from Community Services for approval to advertise an Ordinance for the Lake County Citizens' Commission for Children's request to change their name to the Lake County Children's Services Council.

 

            Agreement/Economic Development Tourism/WFTV

 

            Request from Economic Development Tourism for approval of an Agreement for television advertising service provided by WFTV, Inc. for Fiscal Year 2005-2006 in the amount of $122,910.00.

            Employee Services/Payment of Invoice/Shaw Environmental, Inc.

 

            Request from Employee Services for approval for payment of invoice from Shaw Environmental, Inc., concerning an environmental clean-up after a vehicle accident on State Road 33, in the amount of $20,909.89, subject to the County Attorney's review and approval.

 

            Employee Services/Re-activation Contract/CareerBuilder

 

            Request from Employee Services for approval and signature of re-activation contract between CareerBuilder and Lake County Employee Services for service dates from October 3, 2005 through October 2, 2006.

 

            Resolution/IBINI TERA/St. Johns River Celebration

 

            Request from Environmental Services for approval of Resolution 2005-133 establishing the Board's endorsement of IBINI TERA (also known as the St. Johns River Celebration) to be held on September 17, 2005.

 

            Interlocal Agreement/Town of Astatula/Building Inspections and Plan Review

 

            Request from Growth Management for approval to cancel the Interlocal Agreement with the Town of Astatula concerning building inspections and plan review.

 

            Contract/HNTB Corporation/Engineering Design Services/County Roads

 

            Request from Procurement Services for approval and execution of the Contract with HNTB Corporation for the engineering design services for Hartwood Marsh Road, South Hancock Road and Hartle Road (PD&E Study) in the amount of $1,648,770.02.

 

            Bids/Lake County Detention Center/Norment Security Group

 

            Request from Procurement Services for approval and authorization for Procurement Services to waive bid requirements and procure the renovation of the existing security system at the Lake County Detention Center, Prelude Section, for the Norment Security Group.

 

            Surplus Items/Fixed Asset Inventory/Vehicle Titles

 

            Request from Procurement Services for approval to declare the items on the attached lists surplus to County needs; authorize the removal of all of the items on the attached lists from the County's official fixed asset inventory system records; and authorize the Interim Procurement Services Director to sign the vehicle titles.

 

            Contract/Disaster Debris Removal Management & Monitoring Services/R. W. Beck

 

            Request from Procurement Services for approval to award the contract for Disaster Debris Removal Management & Monitoring Services for Lake County, Florida to R. W. Beck, in accordance with RFP Number 05-074.

 

            Hazards Analysis Grant Agreement/Department of Community Affairs

 

            Request from Public Safety for approval and execution of the Hazards Analysis Grant Agreement for Fiscal Year 2005-2006 between the State of Florida, Department of Community Affairs and the Lake County Board of County Commissioners.

 

            Global Signal Lease/Sugarloaf Number 2 Tower Site

 

            Request from Public Safety for approval of the Global Signal Lease for the Sugarloaf Number 2 Tower Site that provides backup radio coverage for the countywide radio system.

 

            Resolution/Put the Brakes on Fatalities Day

           

            Request from Public Works for approval and signature on Resolution 2005-134 recognizing observance of "Put the Brakes on Fatalities Day" on October 10, 2005.

 

            Certified Budget/Arthropod Control

 

            Request from Public Works for approval and signature on the Certified Budget for Arthropod Control for Fiscal Year 2005-2006 in the amount of $38,025.00.

 

Final Plat/Verde Ridge Unit 1/Letter of Credit/Developer’s Agreement/Pulte Home Corporation

 

            Request from Public Works for approval and authorization to accept the final plat for Verde Ridge Unit 1 and all areas dedicated to the public as shown on the Verde Ridge Unit 1 final plat; accept a Letter of Credit in the amount of $6,886,597.32; and execute a Developer's Agreement for Construction of Improvements between Lake County and Pulte Home Corporation. Verde Ridge Unit 1 consists of 212 lots – Commission District 2.

 

Final Plat/Verde Ridge Unit 2/Letter of Credit/Developer’s Agreement/Pulte Home Corporation

 

            Request from Public Works for approval and authorization to accept the final plat for Verde Ridge Unit 2 and all areas dedicated to the public as shown on the Verde Ridge Unit 2 final plat; accept a Letter of Credit in the amount of $9,694,672.79; and execute a Developer's Agreement for Construction of Improvements between Lake County and Pulte Home Corporation. Verde Ridge Unit 2 consists of 190 lots – Commission District 2.

 

            Final Plat/Betty’s Place/Letter of Credit/Developer’s Agreement/William Stosbery

 

            Request from Public Works for approval and authorization to accept the final plat for Betty's Place and all dedicated to the public as shown on the Betty's Place final plat; accept a Letter of Credit in the amount of $12,441.00; and execute a Developer's Agreement for Construction of Improvements between Lake County and William Stosbery. Betty's Place consists of 3 lots – Commission District 2.

 

Performance Bond/Maintenance Bond/Developer’s Agreement/GINN-LA Pine Island Ltd., LLLP/Bella Collina

 

            Request from Public Works for approval and authorization to release a Performance Bond in the amount of $2,548,580.76; accept a Maintenance Bond in the amount of $231,689.16; and execute a Developer's Agreement for Maintenance of Improvements between Lake County and GINN-LA Pine Island Ltd., LLLP, all related to County Road 455 Improvements and Bella Collina. These subdivisions are located in Commission Districts 2 and 3.

 

            PRESENTATION:

PROCLAMATION HONORING THE SOUTH LAKE HIGH SCHOOL GIRLS SOFTBALL TEAM

 

            Commr. Stivender read and presented Proclamation 2005-105 (approved by the Board on 7-12-05) to the South Lake High School Girls Softball Team (Lady Eagles) who was the runner up in the district championship in the Class 4-A Division, and the regional semifinalists at the State Championship.  Congratulations were extended to Head Coach Beau Jarrell and Assistant Coaches Benny Pederson and Craig Dent; and players Amber Pederson, Kristin Gaul, Kaley King, Carly Sewell, Sky Matheson, Shaina Dent, Danielle Thomas, Amber Paul, Britney Clark, Jessica Anderson, Ashley Hogan, Chelsea McGregor, Jordan Thomas and Ariana Godwin.

            Head Coach Jarrell extended his appreciation to the Board and asked the co-captains, Amber Pederson and Kristin Gaul to address the Board.

            Miss Pederson stated that, on behalf of the South Lake Softball Team, they wanted to thank the Board for recognizing them in achieving this goal.

            Miss Gaul stated that they would like to thank their principal, Mr. Dave Bordenkircher, the administrators, the athletic director, Coach Whetro, and all of their parents for their support.  They also wanted to thank Coach Beau, Coach Benny, and Coach Dent for helping them achieve this goal.

            Coach Kerry Whetro addressed the Board and extended his thanks to the Board for taking this time to honor these young ladies.  He noted that, because Mr. Bordenkircher is busy at the school, he is not able to be here, but he sends his wishes and thanks.  Coach Whetro stated that South Lake High School has very special kids, and he had the chance to witness these kids in action, and they do not get a chance to say a lot of things to these kids.  He wanted to thank them and to say that it has been a privilege and a pleasure watching them play.  He knows this is going to be a good year for them, because of the dedication and work they display on the fields, and the coaches do a lot of good things with them.  He wanted to thank the Board for taking the time to honor these kids noting that he feels they do not do enough of that with kids.

            Coach Whetro presented the Board with the State Championship ball that is going to be for this year, which had been signed by the team.

            PERSONAL APPEARANCES

            BOARD/COMMITTEE PRESENTATIONS

 

            Commr. Hill presented the following individuals with plaques and certificates:

            Plaques

 

Comprehensive Health Care Committee & Human Services Grant Advisory Committee

Patricia Price for service on the Comprehensive Health Care Committee from 1994-2005 and service on the Human Services Grant Advisory Committee from 1997-2005

 

Comprehensive Health Care Committee

Richard Wooten for service from 1998-2005 (not present)

 

Library Advisory Board

Chris Bell for service from 1999-2005

 

Parks and Recreation Advisory Board

Karen Ellis for service 1999-2005

 

            Certificates

 

Citizens' Commission for Children

Dr. Mary Anderson for service 2002-2005 (not present)

 

            EMPLOYEE AWARDS

 

            Ms. Sharon Wall, Employee Services Director, presented awards to the following:

 

Presentation of Award to Employees with Five Years of Service

Michael J. Moran, Field Forensic Investigator, Medical Examiner

George A. Dehart, Mechanic, Public Works/Special Services/Fleet Maintenance

Scott N. Amey, Senior Library Assistant, Community Services/Library Services/East Lake Library

Raymond W. William, Senior Forensic Investigator, Medical Examiner

Denise L. Gainer, Public Education Specialist, Environmental Services/Solid Waste Administration

Larry L. Higgins, Mechanic, Public Works/Special Services/Fleet Maintenance (not present)

Daniel D. Baldee, Senior Maintenance Specialist, Facilities Development & Management/Facilities Management/Facilities Maintenance (not present)

Jeffrey C. Meli, Firefighter/EMT, Public Safety/Fire and Rescue (not present)

Thomas H. Eicher, Environmental Inspector, Environmental Services/Solid Waste Administration

Amy Teachout, Employee Benefits Coordinator, Employee Services/Risk & Benefits Management

Robin J. Bridges, Library Assistant, Community Services/Library Services/Marion Baysinger Memorial

Joseph P. Davey, Equipment Operator IV, Environmental Services/Solid Waste Disposal Operations (not present)

 

Presentation of Award to Employee with Ten Years of Service

James A. Brown, Survey Party Chief (Non-Registered), Public Works/Engineering/Survey/Design

 

Presentation of Award to Employees with Fifteen Years of Service

Robert C. Baker, Equipment Operator III, Public Works/Road Operations/Maintenance Area III

William D. Nicodem, Fleet Manager, Public Works/Special Services/Fleet Maintenance

Douglas L. Conway, Capital Projects Manager, Facilities Development & Management/Facilities Development (not present)

 

            PRESENTATION -

            HEALTH CARE PROFILES

JEFF FELLER, RESOURCE DEVELOPMENT DIRECTOR, WELLFLORIDA COUNCIL

 

            Mr. Jeff Feller, Resource Development Director, WellFlorida Council, Gainesville, and formerly the North Central Florida Health Planning Council (NCFHPC), addressed the Board and noted that Mr. Fletcher Smith, Director of Community Services, was passing out a handout pertaining to his presentation today.  Mr. Feller stated that he wanted to give the Board an overview about the WellFlorida Council and what they have been doing during the past fiscal year in Lake County.  Mr. Feller stated that WellFlorida is one of the 11 local health councils in Florida; in the late 1960s, they were all enabled by Florida Statute 408 to really be involved with certificate of need issues.  The State took that away from local communities some years back and, ever since then, all the health councils in Florida have become private non-profit entities but still with a quasi-governmental role.  They still work closely with the Agency for Health Care Administration and Department of Health under contract to do a variety of State related things but they also, as non-profits, serve all of their counties in trying to expand access and improve quality of health care for particularly the low income and unfortunate folks in their communities.   He stated that WellFlorida serves 16 counties, Department of Children and Families Districts 3 and 13, which Lake County is a part of, and there is about 1.4 million to 1.5 million residents in these 16 counties; Lake County is definitely one of their favorite counties.

            Mr. Feller explained that WellFlorida is really an umbrella organization, and they have two major components, a Direct Care Services component and a Professional Services component.  Their Direct Care program has a variety of different community partners, with their two largest ones being Healthy Start and Ryan White, which he explained in more detail.  He also explained that Lake County is in the Central Healthy Start Coalition area, and it is their responsibility, as the lead agency for this region, to create and coordinate the network of care.

            Over the last fiscal year, under their Direct Care Services, Mr. Feller stated that 1,900 clients in Lake County received more than $704,000 of services through the Healthy Start program; 138 clients received more than $141,000 of services through the Ryan White program; a total of more than $845,000 for almost 2,100 clients.  He explained that both of these programs were started in the early 1990s.  Mr. Feller explained that Lake County is in both the Title I area for Orlando as an urban area, and the Title II area as a rural area, so Lake County gets benefits from both of these.  He stated that every year they make a request of all of their counties for voluntary contributions and, with every dollar Lake County allocated last year, $71 of service was leveraged from these two programs.

            Mr. Feller stated that their Professional Services involves a staff of health planning folks that work with counties, county commissions, school districts, non-profit agencies, hospitals, and whoever else shares the passion they do for improving community health in their 16 counties.  They work with them to write grants, evaluate programs, establish programs, conduct research, create programs, etc. noting that they were involved with the federal grant application to bring the Lake County Community Access Network program that was awarded.  They are still working closely with the Comprehensive Health Care Committee and will be focusing on some evaluation activities regarding that grant.   He stated that this summer he worked with the local area Health Education Center and the University of Florida (UF) through a competitive process, and he was able to secure two master students from the College of Public Health and Health Professions at UF through AHAC, and they did free of charge a community health needs assessment for Hamilton County; starting September 26, 2005 his goal is to secure two more students so that they might start working in either January 2006 or May 2006 for Lake County.  He will have to make this proposal to the Comprehensive Health Care Committee, and then to this Board, but he would like Lake County to be the county they target for the free update on the needs assessment, because Lake County has not had one since 1999.  He would have a four person team working on the project for no cost to the community, even though some of the Board members may be giving interviews as community leaders and things of that nature, but they would like to update the County’s needs assessment through their affiliation with UF and College of Public Health.  He explained what the assessment study would include public input through a variety of different means.

            Commr. Hanson stated that the Board appreciates the involvement that Mr. Feller has had in Lake County and the health care arena.  She knows that the Comprehensive Health Care Committee has talked about updating the needs assessment; at least they have the one from 1999 as a benchmark.

            Mr. Feller explained that the needs assessment study will largely follow a somewhat similar pattern as the 1999 study and, since they have a benchmark from 1999, they can do some retrospect analysis and comparisons.  He has an outline of a comprehensive needs assessment of what would be included and it would be similar to the 1999 study.  Last time they did over a 1,000 people phone survey, which was clearly the most expensive part of that study, but there has been some State surveys done since then that they could use and incorporate into the new study.  His goal would be to bring in a lot of community interviews, with community leaders and focus groups with at risk target populations, at a low cost to them.

            Commr. Hanson stated that, with the activities that are going on now, they have talked about perhaps incorporating a healthy communities concept into the Comprehensive Plan, and she questioned whether there are other counties that have done that.

            Mr. Feller explained that he started looking into that when the County started their review of the Comprehensive Plan and nationally there is more impetus to include that in certain communities.  He has looked at Comprehensive Plans around the country, and there are few counties in Florida that have any formal health care elements, or healthy community elements, to the Comprehensive Plan; there are elements of health and health care in different sections of it.  To his knowledge, Lake County would be a trailblazer if they incorporated some sort of health care element in the Comprehensive Plan.

            Commr. Hanson stated that really all of the elements in the Comprehensive Plan deal with health, even economic development, and health is what pulls them all together.  She thinks they should look toward moving in that direction.

            Commr. Stivender asked Mr. Feller if he has been working with Ms. Emily Lee, Children’s Services Director, because the County has a new group that they have been working with to have healthier food for overweight children, and they have been meeting at Lake-Sumter Community College (LSCC).

            Mr. Feller stated that he has not been working with that group, but they, along with their Healthy Start folks, would be more than happy to be involved.

            Commr. Stivender explained that the Boys and Girls Clubs are involved as well as the School Board, and they are trying to catch the issues where the Healthy Start program stops; Mr. Feller noted that he and others from WellFlorida Council would be available to meet with them.

            Mr. Feller stated that they are going to do a better job of marketing and will be doing a community health profile, which they will provide to all county commissions in the form of a CD-Rom, and they will also print a certain amount of copies to give to them, as he has provided to the Board.  The Lake County Health Profile for 2005 shows the statistics, demographics, socioeconomics, maternal and infant health, healthcare access, leading causes of death, and hospitalization.  He hopes that some of the numbers will be coming down in the future, and they may be targeting that as one of their evaluation measures.  He also hopes that they will be able to get this needs assessment process off the ground with no expenses except for some dedicated time of a few people maybe in the community and with the Comprehensive Health Care Committee and the Board’s blessing over the next four or five months.  Mr. Feller reaffirmed his commitment to work with those staff members and everyone in Lake County.

            Commr. Hanson felt that the information provided in the profile would be appropriate to do on the internet site for Lake County.  In the leading causes of death, they did age adjust but some of the other indicators probably are not age adjusted.  She explained that if you have a high rate of elderly population, or the teen birth rate, it would affect the per capita, and it seemed to her that there may be an opportunity for other corrections in those areas based on age.

            Mr. Keller explained that age adjusting usually happens with deaths or total hospitalizations, because it includes the whole population; all of the other numbers are really representative of subsets of populations.  He pointed out the extensive footnotes on the profile that contains definitions.  He also explained that the statistics also reflect the County numbers as compared to the Florida numbers, and he can calculate the Florida numbers with the exact methodology that they use, but he cannot do that with the national numbers.

            The Board extended their appreciation to Mr. Keller for the updated information.

            PRESENTATION -

            PROCLAMATION FOR TEEN COURT MONTH

 

            Ms. Stephanie Glass, Teen Court Coordinator, explained the Teen Court program noting that it is a diversion program from the actual juvenile justice system.  Ms. Glass explained that kids that get arrested for the first time between the ages of 10 and 17 can have the option of pleading guilty to the charge and coming over to Teen Court for the sentencing.  She explained the program in further detail noting that the charges get dropped if the defendant completes all required tasks within two months, then he/she starts over again while still being accountable for their actions but without it being on a permanent record for them.  They have about 125 kids a year; the program has about 87% to 88% success rate; and it utilizes positive peer pressure.

            Commr. Hill noted that her predecessor started this program, and Commr. Rhonda Gerber would be very pleased on the results from the program.  At this time, she read Proclamation 2005-120, which was approved by the Board on August 16, 2005, declaring September 2005 as Teen Court Month and presented it to Ms. Glass.

            Mr. Fletcher Smith, Director of Community Services, stated that Ms. Glass does a really fine job but not all of the people involved in Teen Court are kids.  One of the crucial components of this is the attorneys that volunteer and serve as judges for the trials; Mr. Sandy Minkoff, County Attorney, has been a volunteer judge on a number of occasions.  Mr. Smith stated that they really put in a lot of time, and it really makes the program work well.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            APPEAL/REFUND OF SCHOOL IMPACT FEES/HIGHLAND HOMES

            Ms. Wendy Wickwire, Impact Fee Coordinator, addressed the Board to discuss the appeal of denial for refund of school impact fees paid on two single-family home permits by Highland Homes of Clermont, in accordance with Section 22-17 of the Lake County Code.  As noted, in September, 2003, Highland Homes purchased impact fee prepayment certificates for lots 40 and 41 in the Hartwood Pines Subdivision.  In February of 2004, building permits were issued for homes on these lots, but Highland Homes did not submit the certificates at that time, therefore, were charged the school impact fee of $3,489 for each lot.  Ms. Wickwire explained that in May, 2005, Highland Homes submitted a request for a refund, but it was in excess of the 180 day requirement, as written in Lake County Code Section 22-13 (3); therefore, the request was denied.  Then they requested that the money be applied to two other lots in the subdivision, if the money could not be refunded but there is no provision in the Code to do that.  They have now requested to appeal it to the Board of County Commissioners.

             Commr. Stivender pointed out that she had a similar request and staff recommended denial because it was past the 180 days, and she questioned whether this was a similar case.  She noted that, after the Board makes a decision on this case, she will determine whether the other request should be brought back to the Board.

            Commr. Pool explained that he struggles with these appeals because the Board tries to be fair to everybody, and staff does not have the leniency to change the rule and, even though these things happen, he feels that the Ladds are normally pretty good business people and do not usually make these types of mistakes.  He noted that they are not here today, but he has tried to be fair with each and every individual as they have come forward if they have paid even though they missed the time line.

            Ms. Wickwire explained that the 180 day requirement is in the Code basically for liability, and Commr. Pool agreed that staff does not have the latitude to grant their request, but he knows that, in the past, they have tried to help those who have paid and then paid again and made a mistake but, at the same time, he wants to make sure that they do this fairly and equitably across the Board as they deal with these individuals, and to make sure they are consistent with what they do.  In this case, they are not asking for the money back; they are asking for it to be applied to other lots.

            Commr. Pool made a motion, which was seconded by Commr. Cadwell, to approve to refund $6,978 to the Ladds.

            Under discussion and for clarification, Commr. Hanson wanted to know if they wanted a refund of the newer fee, which was higher.

            Ms. Wickwire explained that effectively the Code precludes a refund of any money prepaid so the money that was paid for the prepayment certificates cannot be refunded; however, the second payment they made in February, which was $7,055 for school impact fees, is eligible for refund.

            Mr. Sandy Minkoff, County Attorney, stated that the Board has great latitude so, if the Board wanted to refund the amount that was prepaid, the smaller amount, they could do that as well, or they could refund the second payment. 

            Commr. Pool stated that whatever they do he wants to make sure they are consistent and he does not want to do something today that they have not done in the past or would not consider in the future.

            Mr. Minkoff explained that, if they had come back within the 180 days, they would have refunded the second payment, the larger one; it is now a year and a half later.

            Ms. Wickwire noted that, if the Board approves this request, they will be setting a precedent for anybody.  She noted that staff does not have a way of tracking prepayments, but they are working on a system, and every person that purchased one is specifically briefed that it is their responsibility to submit the prepayment certificate when the building permit is issued in order to receive credit.

            Mr. Minkoff explained that the Board did have one case where the County did not figure the impact fee correctly on a townhouse and charged them too much and, when they came in later, they discovered it, so it was the County’s error and, therefore, they waived the 180 days.

            Commr. Hanson questioned how many other similar requests will be coming forward to the Board, and Ms. Wickwire explained that the majority of people do not challenge the 180 day requirement in the Code.  Commr. Hanson pointed out that she would support the motion but that they apply it to future lots, but Ms. Wickwire explained that there is no provision in the Code to do that.

            Commr. Cadwell explained that the only thing that the Board would be taking exception to in the Code would be the 180 days.

            Ms. Wickwire noted that these two lots were part of a larger request and all of the other ones met the 180 day requirement, so their money was refunded on those; these two did not meet the 180 day requirement.

            Discussion occurred regarding the 180 day requirement and Commr. Pool stated that his motion stands to refund $3,489 for each lot, which is basically waiving the 180 day requirement.  It was clarified that staff will continue to follow appeal procedures for every request.

            Commr. Hill felt that they might as well take the 180 days out of the Code.

            Commr. Hill called for a vote on the motion, which was carried by a 4-1 vote.

            Commr. Hill voted “no”.

            RECESS & REASSEMBLY

            At 10:25 a.m., Commr. Hill announced that the Board would take a 15 minute recess.

            COUNTY MANAGER’S DEPARTMENT BUSINESS (CONTINUED)

FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT APPLICATION/NORTHEAST COMMUNITY PARK/FIVE YEAR CAPITAL IMPROVEMENT PROGRAM

 

            Mr. Jim Stivender, Director of Public Works, addressed the Board to explain the request to submit a Florida Recreation Development Assistance Program (FRDAP) Grant application to the State for $200,000.00 with a local match of $200,000.00 coming out of the north district impact fees.  He noted that there is a meeting today at 2 p.m. to discuss the topic with a consultant, and staff has gotten a letter that they are on schedule and ready to move forward and should have something ready in some form by the first of the year.   It was clarified that the County’s match would be coming from the Park Impact Fees.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to submit a Florida Recreation Development Assistance Program (FRDAP) Grant application for a grant of $200,000.00 for Phase I development of Northeast Community Park in the northeast area of Lake County;  approval to commit $200,000.00 as matching funds to support this grant and approval to provide $400,000.00 up front project money for which $200,000.00 would be reimbursed upon completion, if the grant is awarded to Lake County; approval to add Northeast Community Park Phase II development to the Five Year Capital Improvement Program for action within two years; and approval for the County Manager to forward a letter to the Department of Environmental Protection, Division of Recreation and Parks certifying that the Five Year CIP schedule is officially adopted and a funding source indicated.

            PUBLIC HEARING –

FINAL ASSESSMENT RESOLUTION FOR SOLID WASTE COLLECITON AND DISPOSAL

 

            Mr. Regina Frazier, Director of Budget, addressed the Board to discuss the Final Assessment Resolution for Solid Waste Collection and Disposal noting that the rate is the same as the current year’s rate.

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Travis Whigham, President of the Forest Hills Association, addressed the Board and stated that he has discussed with the Board and the Solid Waste Department the pickup of computer monitors and TVs noting that they have not been picked up for awhile in his area.  The rural neighborhoods are getting full of them, because people are dropping them off on the side of the road instead of hauling them to the transfer station.  Mr. Whigham stated that, even if they had to pay an extra $10 or $15 a year on their assessment to get these items picked up, it would save a lot of grief, as well as pollution, in every neighborhood in Lake County.

            Commr. Hill stated that the County has addressed this issue, and it has been included in the assessment for this year.

            Ms. Blanche Hardy, Director of Environmental Services, stated that the Board did decide well over a month ago that residents can call for a bulk pickup and, in the assessment this year, they will be placing containers and adding some services.  If items are not being picked up it is because somebody is not calling for a pickup service.

            Mr. Whigham explained that there are at least two locations in Forest Hills where there are some refrigerators and other bulk items that the County did pick up but the TVs were left at these locations; perhaps the drivers are not aware of this yet.

            Commr. Hill asked Mr. Whigham to meet with staff and identify those areas.

            Commr. Hill called for further public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the Final Assessment Resolution 2005-135 for Solid Waste Collection and Disposal.

            PUBLIC HEARING –

FINAL FIRE RESCUE ASSESSMENT RESOLUTION FOR FIRE RESCUE SERVICES

 

            Mr. Regina Frazier, Director of Budget, addressed the Board to discuss the Final Assessment Resolution for Fire Rescue Services noting that the rate is the same as the current year’s rate.

            Ms. Cindy Hall, County Manager, stated that she does have one modification to the Resolution.  She received a letter from Mr. Pete Wahl, District Manager for The Villages, The Villages Public Safety Department, and they had previously requested an increase in their rates, from $56 to $63.22.  They have now requested that rate be put back to $56; staff would request that this change be made to the assessment presented to the Board today.  Sumter County did not pass the increase and, for that reason, they have requested to move it back to $56.

            Commr. Hill opened the public meeting and called for public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Final Fire Rescue Assessment Resolution 2005-136 for Fire Rescue Services, with the modification to change the assessment rate for fire and rescue back from $63.22 to $56 for a single family home for the Village Center Community Development District (CDD), as requested.

            OTHER BUSINESS

            APPOINTMENTS/TOURIST DEVELOPMENT COUNCIL

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Resolution 2005-137 appointing Bud Beucher to a vacant position on the Tourist Development Council to complete an unexpired term ending December 1, 2008.

            APPOINTMENTS/CITIZENS’ COMMISSION FOR CHILDREN

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Lorrie Ann Simmons to a vacant citizen-at-large position on the Lake County Citizens' Commission for Children to complete an unexpired term ending May 14, 2006.

            APPOINTMENTS/ELDER COUNCIL

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the appointment of Sonya Montgomery to the vacant District 2 position on the Elder Council.

            APPOINTMENTS/BICYCLE/PEDESTRIAN ADVISORY COMMITTEE

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the reappointment of Rich Dunkel to a vacant position on the Bicycle/Pedestrian Advisory Committee.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of Nancy Lee Hurlbert to a vacant position on the Bicycle/Pedestrian Advisory Committee.

            APPOINTMENTS/COMPREHENSIVE HEALTH CARE COMMITTEE

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Tom Grimmer as Hospice of Lake & Sumter's alternate member representative on the Comprehensive Health Care Committee.

APPOINTMENTS/LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION CITIZENS’ ADVISORY COMMITTEE

 

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the appointment of individuals to the Lake-Sumter Metropolitan Planning Organization (MPO) Citizens' Advisory Committee (CAC), as follows: Lorraine Johnson, District 1; Brian Herman, District 2; Stephen Ferrell, District 3; and Donald Griffey, District 4.

            REPORTS – COUNTY ATTORNEY

            LEASE AGREEMENT/COUNTY HEALTH DEPARTMENT

            Mr. Sandy Minkoff, County Attorney, explained that this is an additional one year renewal of a lease with Delaporte Properties for the County Health Clinic, and staff is recommending approval at the rental amounts noted.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the letter of renewal for lease agreement for County Health Department, Highway 441 in Mt. Dora.

SCHOOL IMPACT FEE AGREEMENT/LAKE POINT SENIOR APARTMENT LIMITED PARTNERSHIP

 

            Mr. Sandy Minkoff, County Attorney, explained that this is a project being built in the City of Tavares; it is a subsidized housing program that is aimed at senior residents only.  There is an impact fee agreement that is attached to the backup that prohibits children from living in the complex; it complies with federal and state law; staff is recommending approval.  Mr. Minkoff explained that these are different than the 55 or older restrictions, because these are rental apartments; when they do a restrictive covenant for a subdivision, individuals automatically qualify for the 55 restriction; with rental projects, they make them come back with this agreement that goes in front of the Board, which gets recorded.  The Code indicates that, in a subdivision, if they record a covenant approved by the County Attorney’s Office, then they automatically get it, but it does not really deal with rental apartments.  There are not that many, so staff typically sends them a copy of an agreement that was approved in the past and they copy it; the school impact fee is County Code.

            On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the School Impact Fee Agreement between Lake County Board of County Commissioners and Lake Point Senior Apartments Limited Partnership.

JOINT STIPULATION FOR SETTLEMENT AND EASEMENT AGREEMENT/WRIGHT/DONMAR ROAD

 

            Mr. Sandy Minkoff, County Attorney, explained that the Wright litigation was the result of a road vacation of Donmar Road; the road creates a new public access for Mr. Wright; staff is recommending approval.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Joint Stipulation for Settlement and Easement Agreement between Frank A. and Marilyn K. Wright and Lake County relating to the closing of Donmar Road.

SUPERVISOR OF ELECTIONS/USE OF COUNTY BUIDLINGS/POLLING PLACES/

MEMORANDUMS OF AGREEMENT

 

            Mr. Sandy Minkoff, County Attorney, explained the request for the Supervisor of Elections to use County Buildings for polling places, as listed.

            Commr. Hill stated that a couple of years ago, the Board upgraded some sites for the Supervisor of Elections, and she wanted to know if this pertains to any of those precincts.

            Mr. Minkoff explained that he suspects that some of these were ones that were upgraded.  As the Board recalls, Ms. Emogene Stegall, Supervisor of Elections, went to each polling place and determined whether or not they met the requirements, so some were probably included.

            Commr. Cadwell stated that two of the ones listed in his district also serve for Meals on Wheels, and they need to make sure that this is coordinated with Mr. Fletcher Smith, Director of Community Services.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved for the Supervisor of Elections to use County Buildings, as listed, for polling places and approved to execute Memorandums of Agreement.

            AMENDMENT TO PURCHASE AGREEMENT/L. L. SWORN

            Mr. Sandy Minkoff, County Attorney, explained that this request involves the Furniture Country warehouse; they have requested an additional 30 days, to extend the closing date, because their new warehouse is not yet complete; staff is recommending approval.  This would put the closing October 31, 2005 instead of October 1, 2005.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Amendment to Purchase Agreement between L. L. Sworn, Inc. and Lake County to purchase a parcel of property located off County Road 473 to extend the closing date from on or before October 1, 2005 to October 31, 2005.

            RESOLUTIONS/ACQUISITION OF CERTAIN LANDS/CAPITAL IMPROVEMENTS

            Mr. Sandy Minkoff, County Attorney, explained that the two Resolutions, as recommended to them by Mr. Tom Giblin, Giblin & Nabors, would allow them to go forward for the sales tax bonding and/or the general bonding for the lands that they are protecting, if something comes up that they can acquire today, or to make an improvement to a building now, and then reimburse them later when the bonds are actually issued; staff is recommending approval.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved Resolution 2005-138 for Reimbursement of Certain Costs relating to the Acquisition of Certain Lands and Improvements and Resolution 2005-139 for Reimbursement of Certain Costs relating to the Capital Improvements within Lake County.

            INTERIM TAX ROLL

            Mr. Sandy Minkoff, County Attorney, stated that the Chairman received a letter from Mr. Bob McKee, Tax Collector, regarding an interim tax roll.  With the extended timeframes that are required for them to give notice on the Value Adjustment Board (VAB) hearings, it is getting impossible to complete those hearings by the first of October, which is the date they need to get the tax bills ready to mail out.  This year is a very light year and very few applications have come in but, by extending this interim roll, it will allow them to prepare and mail out the tax bills.  If the VAB does make changes to the roll, then there will be a final roll in probably January that they will approve and the corrections will be made on the individual bills at that time.  Mr. Minkoff recommended approval of the interim roll.

            On a motion by Commr. Cadwell, seconded by Hanson and carried unanimously by a 5-0 vote, the Board approved to place the item regarding the interim tax roll on the agenda.

            On a motion by Commr. Hanson, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the interim tax roll, as requested.

            DISCUSSION OF SEXUAL PREDATORS OR OFFENDERS

            Mr. Sandy Minkoff, County Attorney, stated that, as the Board requested, staff met with the city attorneys, and he spoke in front of the Board of Directors at the League of Cities about sexual offenders/predators.  Staff has presented the Board with general information on the ordinances pertaining to sexual predators that have been passed both in Lake County and across the country, and he has given the Board three options.  Staff is looking for direction on how to proceed.  The options are as follows:

  1. Adopt an ordinance effective in the unincorporated area, while urging cities to have their ordinances conform to the County model.

 

  1. Adopt an ordinance that would be effective countywide (except where a municipality chose to have a different rule).

 

  1. Not adopt an ordinance and suggest that the legislature confront this issue on a statewide basis.

 

            Commr. Pool questioned whether legislatively any issues or initiatives are being taken into consideration statewide in lieu of just county by county.

            Commr. Cadwell stated that he has not heard of anything yet but, with all of the local governments taking action on the matter, he felt it would certainly be discussed statewide.  No matter what the Board decides today, he wanted them to have the Chairman meet with the Sheriff and discuss this because there have been a couple of municipalities that have basically not changed their ordinance but have upgraded what they do to check on these people.  He stated that the Board needs to get a cost analysis, because the County certainly does not have the probation staff to check behind these people to make sure of their whereabouts.  An analysis from the Sheriff of those costs may be something they need in their decision making process.  Commr. Cadwell stated that he has told the Board all along that they want to do everything they can to protect their kids, but he thinks these ordinances will eventually be thrown out of court.  If they want to do one that sort of mirrors what the cities have done, he would suggest they just do it in the unincorporated area noting that most of the cities moved forward and approved ordinances, even after the Board made their request.  That way, if the County gets sued, it would just be them; if the cities get sued, they would pay that cost themselves.  He also explained that, in the initial arrest, the cities, under Article V, would have to pay the court costs whereas, if it is a countywide ordinance, they would have to pay it for everybody.

            Commr. Pool stated that option 1 just urges cities to have their ordinances conform to theirs and, if they are going to have their own ordinance, then just asking the cities to come along would be important; they may or may not agree with their ordinance, but they need to go ahead and adopt something.

            It was pointed out that, if the Board chooses to adopt an ordinance, staff would recommend staying as close as possible to the statewide statute with a change only in the distance, from 1,000 to 2,500 feet.  Mr. Minkoff explained that there are two different state statutes, one that applies to people on probation where the State is supervising them; and one that applies to people who are no longer on probation and have completed their sentence.  For the second group, the ones that are not on probation, current state statute is 1,000 feet from any school, day care center, park, or playground.  The recommendation from staff is to increase that to 2,500 feet for these and mirror the state statute exactly.  The statute for people who are on probation includes school, day care center, park, playground, designated public school bus stop, or other place where children regularly congregate, so it is broader than the state statute.  Also, if you are on probation, the state statute applies when the victim was under the age of 18; if you are not on probation, the statute only applies if the victim was under the age of 16.  The city ordinances are all over the board with each taking different parts of the state statute and applying it to different people.  He is recommending that they use the 794.065 Florida Statute for people who have served their sentence and are not under probation and merely change it to 2,500 from schools, day care centers, parks, or playgrounds.  He has seen from some of the cities that they included churches and a whole host of other areas as well, but he feels that, if they are looking for the safest one, it would be to use that state definition.  The statutes apply to people who are convicted of certain crimes, so the sexual predator designation is typically broader than either of the two statutes.  The state statute has four specific crimes, sexual battery, lewd and lascivious offenses, sexual performance by a child, selling or buying of minors, and it would require that the victim was less than 16 years of age.  One of the problems, and they saw it with the Mount Dora arrest, is that the state probation folks are not arresting people for violating probation because of the ordinances, so the city bears the initial arrest and has to provide the cost, and then he violated probation because he was arrested, not because he violated the city ordinance.

            Commr. Hill stated that she is leaning towards option 3, because she feels that they should closely monitor the Mount Dora case but take a sensible approach to the County locally and develop a program with the Sheriff, as Commr. Cadwell had suggested.  She knows that the Sheriff has had some excellent response to the information he put in the newspaper, but they might look at doing something reasonable.  With his suggestions, maybe they can aggressively monitor visits and determine the cost for additional manpower.  They can also look at the possibly of implementing the monitoring system with ankle bracelets and determine those costs.  She thinks they need to look at it a little bit differently and be a little more aggressive than what they do now within law enforcement before they start changing an ordinance.

            Commr. Pool stated that he understands what Commr. Hill is saying but perception is very important and the Board needs to ensure that they have a countywide standard that they embrace.  He stated that they want to work with their Sheriff, but they need to adopt an ordinance.  If the cities want to come on board, then that is okay, but they need to have an ordinance, and Mr. Minkoff has given them some good ideas of how they can do this because, if it is on the books and publicized, then they know the rules and, if there is a statewide ordinance coming forward, then it may all be mute, but he thinks that the Board can set what they think is a standard of acceptable distance for those sexual predators.  Commr. Pool stated that he thinks it is more important that the Board err on the side being more stringent than doing nothing.

            Commr. Hill stated that she feels that the perception is even greater if they aggressively do something within law enforcement and make a difference rather than a grandstanding play but, from county to county and city to city, they are not confined into an area.

            Commr. Cadwell stated that, if the majority of the Board wants to pass this ordinance, he would hope that the suggestion made by the Chair about getting with the Sheriff and doing more with the understanding that it is going to cost them more, should not be disregarded and that they could still monitor at a higher level.  He stated that maybe the Board can break those up into a couple of motions, so they can get some positive votes.

            Commr. Hill noted that the Board does not usually open up their discussion items to public comment but, if the Board wishes to accommodate those wishing to speak, she will allow them to do so at this time.

            Mr. Ray Goodgame, City of Clermont, addressed the Board and stated that he is strictly representing himself on this issue, because he is the one that pushed this through the City of Clermont.  In speaking with Sheriff Chris Daniels, Mr. Goodgame stated that they do need to be able to have the Sheriff’s Department and police departments working together; they need to apply the same rules because right now, with different rules, it is not productive.  Mr. Goodgame stated that one thing he does not like about the state law is that it does not include libraries and, in talking with Sheriff Daniels, he wants an adult accompany law that would apply to a child in a library, as he explained, and noting that he has discussed this with Ms. Wendy Breeden, Library Services Director.  He would like to see a system where everyone had a library card which could be scanned when they came into the building.  He pointed out that the larger library the County is contemplating on building in Clermont is equivalent to 30 homes in size, and he questioned how they are going to monitor the activities in that size of a building with very few people.  When the Board meets with the architects, they are going to have to look very carefully at the children’s section and how well they can be monitored by staff.  He will be meeting with Mr. Wayne Saunders, City Manager, as well as people in Oviedo and Groveland, to discuss contributing to the City’s fund.  Mr. Goodgame stated that he takes exception to what they are talking about because they are talking about a countywide ordinance that would protect everyone in the County and, if there is a lawsuit, he does not see why it should not be born by the County, because they could write it so that the cities contribute.  He pointed out that the newspaper that was put out by Sheriff Daniels showed over 340 sex offenders in Lake County, which is a staggering number.  He explained that no matter what number is established in terms of distance they cannot keep them out of the County or cities.  All of the attorneys that have worked together feel that the 2,500 feet is defendable and they are going to leave theirs at 2,500 feet.  They did amend their initial offender act to include libraries, because it had been left out earlier and, even though they are not including churches, he knows that the United Methodist Church has a program to monitor children.

            Commr. Hill stated that Mr. Goodgame brought up a lot of serious constitutional challenges, and one of them was the library, but defending the feet and being effective are two different issues; it has been very effective in Ohio and Iowa where it is a state statute.  If the Board adopts option 1, she wanted to know if the areas, and the cases that fall within the cities, are the cities’ responsibility monetarily or would the County be responsible.

            Mr. Minkoff explained, if the Board adopts option 1, if a person was arrested in the unincorporated area, they would have to pay the filing fee, pay the state attorney and provide the public defender; if it fell within a municipality, then the municipality would have to do that even if the Sheriff made the arrest.  In terms of ordinances that have been passed by some of the cities, the first three or four were all different.  Discussions are taking place nationally and the courts, at this point, have said they are going to bow to the legislative determination and let that stand.  He noted that eventually the Supreme Court will get it, but it will be several years from now.

            Commr. Cadwell clarified that today the Board would only give permission to prepare the ordinance, and they would have to vote to advertise it for a public hearing.

            Ms. Cindy Barrow stated that she would publicly like to thank Sheriff Daniels for putting out the insert in “The Orlando Sentinel” advising the public of just who the sexual predators are and where they live.  Ms. Barrow stated that she lives outside of Clermont in the County, and she was present at the Clermont City Council workshop where the sexual predator ordinance was discussed, and those Council members had some of the same concerns that the Board has today.  She encouraged them to go ahead and adopt the ordinance.  She stated that she is a licensed clinical social worker, a psychotherapist, and her husband is a psychiatrist.  She stressed that they are not effective in treating these individuals and these folks relapse and that means re-offend.  She pointed out that, as with any new law or ordinance, it is not perfect but whatever they decide to do, they should go ahead and do it today knowing that they may tweak it later; however perception is everything and, if Lake County is perceived to be an area that is not friendly to new offenders who are being released, then that is what needs to happen; it is not the perception that this is the right place to go and live.  She lives outside of Clermont, and Clermont has the ordinance.  She explained that her son is a first grader at a County school.  She does not want sexual predators/offenders moving into the County area where her child goes to school.  She thinks the County needs to go ahead and do something so that they do not have that situation occurring.  She knows that this is not going to stop sexual offenders from offending; it is just one extra measure that is helpful in some ways, but they really need to educate the citizens about these people.  It is a massive education effort and an effort that needs to be made by the Sheriff and various police municipalities by getting together and coming up with some solutions.

            Mr. Travis Whigham stated that he wanted to rebut what Mr. Goodgame had said about libraries and not letting adults go into the children’s section of the libraries.  He explained that, as a father, he will be going to the children’s section of the library today to pick up books and videos for his son, so he definitely feels that they need to change their outlook on that issue.  Mr. Whigham stated that there are a lot of predators in Lake County, and there are several that live in his area.  He and others are trying to educate the people in his neighborhood, and they need the 2,500 feet restriction in the ordinance.  He felt that all of the counties should get together and bring this matter before Governor Jeb Bush to get a statewide law passed, as well as establish a countywide and citywide law, because they need something right away.  Whether other counties adopt the policy or not it is something that should be brought before every county commissioner in the State of Florida, and every county commissioner should be going to the state officials and asking them to create similar laws.

            Commr. Cadwell stated that, if the Board moves forward today to have the County Attorney prepare the ordinance, he would still suggest that they go with option 1 and, in that, ask the cities to conform to their ordinance, which would take care of the law enforcement problem.

            Commr. Hill liked the idea of the Board getting with the Sheriff and maybe developing a program with a cost and being aggressive and monitoring whether it be visits or bracelets, or both, or whatever suggestions he can implement in this County.

            Commr. Cadwell stated that he was not sure that the Sheriff is convinced on how they need to go about this yet but, if the Board is going to ask for tighter restrictions and monitoring of these folks, he needs to give the Board a cost analysis to see if they can do it.

            Commr. Hanson and Commr. Pool stated that they would both support option 1.

            Mr. Minkoff stated that, for clarification, he will take the state statute and change it from 1,000 feet to 2,500 feet but not increase the types of places; and he has direction to bring that back for approval to advertise.

            Commr. Cadwell stated that, during that time, the Board needs to have that discussion with the Sheriff.

            Commr. Hill stated that she is assuming that everyone did receive the Judicial Monitoring Services Report, which gives them an idea about the ankle bracelet method and, even though it did not give an actual cost, it did relate some cost revenue avenues they could consider but she wanted them to know that she was not advocating that method.

            REPORTS – COUNTY MANAGER

            BOARD MEETINGS

            Ms. Cindy Hall, County Manager, stated that at the current time, staff does not have anything scheduled for the agenda on September 13, 2005.

            It was noted that no action was needed by the Board to be cancel that meeting; it was the consensus of the Board that this meeting not be held.

            REPORTS – COMMISSIONER STIVENDER – DISTRICT #3

            PROCLAMATION/FAMILY DAY

            On a motion by Commr. Stivender, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved the request for approval and execution of Proclamation 2005-140 designating Family Day as September 26, 2005.

            BOYS AND GIRLS CLUB OF LAKE AND SUMTERS

            Commr. Stivender informed the Board that she is on the Boys and Girls Club of Lake and Sumter, and they are having a fundraiser in the Umatilla area for the new Northeast Lake County Unit on October 6, 2005 from 5 p.m. to 8 p.m.  She has tickets for sale and the money will be going towards the new building for the Boys and Girls Club.

            LEESBURG PARTNERSHIP

            Commr. Stivender informed the Board that the Leesburg Partnership’s annual awards will be on September 20, 2005.  She wanted to remind everyone that Leesburg Partnership is part of the hurricane relief efforts, and information was sent to the Board regarding items that are needed.  She stated any items sent will be greatly appreciated as she is on that board.

            RESOLUTION/EMINENT DOMAIN LEGISLATION

            Commr. Hanson noted that Oregon had the same type of resolution pertaining to the protection of private property rights and eminent domain.

            Commr. Hanson made a motion, which was seconded by Commr. Pool, to approve and execute Resolution 2005-141 protecting the private property rights of the residents of Lake County relating to Eminent Domain Legislation.

            Under discussion, Commr. Pool stated that it is important when the Board can see how some communities and counties are taking advantage of the situation, and they need to show their citizens that they are going to protect private property rights.

            Mr. Sandy Minkoff, County Attorney, explained that he made the resolution so that it only applies to Lake County.

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

            REPORTS – COMMISSIONER POOL – DISTRICT #2

            TREE FARM

            Commr. Pool informed the Board that he had a chance to go through a tour of Dr. Holloway’s tree farm the other day, and he thought it was very well done and very well thought out; it is certainly designed to save water for the agricultural community and save electricity, and the plants seem to grow better.  He stated that, if anyone has a chance to take the tour, it is located off of Griffin Road, and Dr. Holloway would welcome the opportunity to show them the facility.  He did something that was state of the art, and it was all designed right here in Lake County, and they can be proud of that.  He thanked Dr. Holloway and his family for that tour.

            WEST ORANGE/SOUTH LAKE TRANSPORTATION TASK FORCE

            Commr. Pool noted that, on October 6, 2005, at 9 a.m., the Tanner Building, Winter Garden, they are going to try and have an update and presentation by the West Orange/South Lake Transportation Task Force on some pending and/or additional news about highway widening and what all is taking place.

            REPORTS – COMMISSIONER CADWELL – DISTRICT #4

            REZONING CASE/HARBOR HILLS DEVELOPMENT

            Commr. Cadwell stated that, during the rezoning hearings, on July 25, 2005, he was not clear enough in his motion.  He clarified that this does not affect the densities for Rezoning Case PH#45-05-5, Harbor Hills Development; the only thing that was not clear was the setbacks for those pool enclosures.  He stated that they have had those areas where they go back and handle them individually and grant the variance and language should have been included in the motion, as follows:  setbacks from water bodies for any building shall be twenty-five (25’) ft. from the normal high water elevation for the principal structure and 15 ft. for pool/screen enclosures and accessory structures.  Commr. Cadwell noted that Mr. Sandy Minkoff, County Attorney, had said that the Board could do that today, for clarification, because the presentation was made and it was his intent for this language to be a part of the motion.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved for the following language to be added to Ordinance 2005-63 for Rezoning Case PH#45-05-5, Harbor Hills Development:  setbacks from water bodies for any building shall be twenty-five (25’) ft. from the normal high water elevation for the principal structure and 15 ft. for pool/screen enclosures and accessory structures.

            VOICE/WATER ALLIANCE

            Commr. Cadwell informed the Board that Thursday night he was invited to Clermont, and he met with the people from VOICE and the Water Alliance, and he appreciated the invitation.

            REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1

            EVALUATIONS – COUNTY ATTORNEY AND COUNTY MANAGER

            Commr. Hill stated that the Board will now have a discussion on the County Attorney and County Manager evaluations, and the Board members have backup material for consideration.

            Evaluation – County Manager

            Commr. Stivender addressed the County Managers’ numbers and explained that her scores were lower than the others because of the time that Ms. Hall has been here.  She wanted to start lower because she knows that she will soon jump to the higher level and for her not to take that as a negative comment.  She also wanted to say that she is absolutely thrilled with her communication skills.

            Commr. Hanson stated that those were her comments.  She rated Ms. Hall higher than Commr. Stivender and recognized her short term serving as County Manager.  She also thinks Ms. Hall is doing an outstanding job coming up to speed and learning about the folks in the community noting that she is very receptive to new ideas looking for solutions.  She is a great listener and very professional and she will continue to be a very good asset for Lake County. 

            Commr. Hill noted that the Board members did consistently mark Ms. Hall high within the personal and relations with the Board, and with the citizens, which are the areas that they have seen her in with the previous position.  So it was easier to evaluate those than it was with staffing or supervision, for such a short term in the position, but she thinks that Ms. Hall is doing very well.

            Commr. Hanson stated that it appears that the moral of staff is much better since Ms. Hall has been on board as County Manager.

            Commr. Cadwell stated that he did not have any hesitation in regards to the length of time because Ms. Hall had been handling so many of the projects the County has been working on doing before she actually took that job.  He has seen her in action in all areas where they had to evaluate her performance, and his scores were very close to Commr. Pool’s and Commr. Hanson’s numbers.  In his comments, he addressed the transition noting that they are moving in a positive direction, but most important, he is very comfortable with Ms. Hall’s leadership; he does not worry that they are not doing the right thing; and she understands the direction this Board wants to go and how they ought to conduct business.

            Commr. Pool stated that Ms. Hall has done an admirable job, and he appreciates that and he thinks that the overall moral is better and staff is very willing to work for her.  He appreciates that and her marks were according to the service she is now providing for them.

            Commr. Cadwell wanted to know if the Board was going to have discussion in regards to a merit raise, with the salary adjustment and merit being two separate issues.

            After some discussion, it was the feeling of the Board that these are two separate issues, and they would still have the salary adjustment discussion at some point in time, when they have all of the information from the salary studies.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by 5-0 vote, the Board approved a 4% merit increase for the County Manager, Ms. Cindy Hall.

            Evaluation – County Attorney

            Commr. Cadwell pointed out that a letter was sent to the editor of “The Lake Sentinel” from Mr. Rolon Reed, who served at one time as an interim county attorney.  The letter addressed Mr. Sandy Minkoff’s perseverance and patience in his position as County Attorney.         Mr. Minkoff noted that it was a very nice letter and that Mr. Reed called him as well; it was very generous of him. 

            Commr. Hill wanted to mention that this is Mr. Minkoff’s tenth anniversary, and the Board has an award to present to him, and they appreciate the ten years of service he has given them.

            Commr. Hanson wanted to point out that Mr. Minkoff is very involved in the community and volunteering other than just for the County, and they know that Ms. Hall will also be more involved once she gets established in her position.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved a 4% merit increase for the County Attorney, Mr. Sandy Minkoff.

            CITIZEN QUESTION AND COMMENT PERIOD

            Cindy Barrow – Rezoning Hearing in South Lake County

            Ms. Cindy Barrow addressed the Board and extended her thanks for their decision to go ahead and allow the school rezoning issue to be heard in South Lake County.

            Travis Whigham – Disaster Preparedness

            Mr. Travis Whigham, Forest Hills, addressed the Board and stated that, as they all know, New Orleans was not prepared for Hurricane Katrina and the devastation caused from it.  He noted that last year Lake County had a few hurricanes that caused quite a bit of damage, and he helped people in his area by getting them items that they needed and clearing roadways and  cleaning up.  Even though they were able to get help from FEMA last year, because of the percentage of Lake County that was affected by the hurricanes, if they have more devastation this year and do not get FEMA support, Lake County needs to be prepared to help the citizens with food, shelter, and anything else they may need.  Mr. Whigham stated that they need to have a food bank just for relief efforts so, if they cannot get federal assistance, at least their friends and neighbors will have some way to survive.  He stated that this is something they need to look at countywide and statewide, so they will be prepared for any disaster.  They should also have a list of senior citizens that will need assistance, and the people who are without transportation.  Every community needs this information so that they can get to those people.  Mr. Whigham stated that every city and county should be prepared so that things can be done before it is determined to be a federal problem.

            Commr. Hill pointed out that Lake County has identified this need for a plan, and it was put into place last year with the four hurricanes, so Lake County is prepared and ready for any disaster.  She thinks that Florida, for the most part, is very prepared and she knows that Lake County is prepared.  If Mr. Whigham has any questions about food banks or other things, she suggested that he get with Mr. Jerry Smith, Emergency Management Director, and Mr. Gary Kaiser, Public Safety Director, for further details.

            Commr. Stivender suggested that Mr. Whigham meet with Mr. Smith because there are other organizations that may not be included in the plan.  The County now has the Lake and Sumter Emergency Recovery (LASER) group, and Mr. Smith can give him all of the information; Mr. Whigham can also be a part of it.

            Commr. Cadwell noted that the Board will make sure that Mr. Smith sets some time aside to meet with Mr. Whigham and give him a comprehensive review of the whole plan.

            Roy Hunter – Storms/Sheriff’s Department/Communication

            Mr. Roy Hunter, Northeast Chamber of Commerce, stated that all of the issues brought forth by Mr. Travis Whigham are good, and he knows that the County already has everything in place for any storms that may occur but he wanted to suggest that everyone take time to buy one more item at the grocery storm, in order to be prepared, not only for themselves, but to be able to help others in a time of an emergency. 

            Mr. Hunter explained a situation regarding four cows and a bull noting that the Sheriff’s deputy arrived at the scene in three minutes, and the Sheriff should be commended.  Also he asked that the Board continue researching the 3-11 system that would be for all non-emergency needs, concerns, and questions and it would incorporate the 2-11 system.

            RECESS & REASSEMBLY

            At 11:55 a.m., Commr. Hill announced that the Board has a public hearing at 5:05 p.m., the first budget hearing, and the Board will recess until that time.

            PUBLIC HEARING:  FIRST BUDGET HEARING

            At 5:05 p.m., Commr. Hill announced that the Board will reconvene the Board meeting for the first public hearing on the budget.

            Opening Remarks

            First on the agenda were opening remarks by Commr. Hill who announced that the first public hearing is for the purpose of amending and adopting the tentative budget, recomputing the proposed millage rate, if necessary, publicly announcing the percent by which the recomputed proposed millage exceeds the rolled-back rate, and discussion of the specific purposes for which ad valorem tax revenues are being increased.  At this time, she turned the meeting over to Ms. Cindy Hall, County Manager, for the budget overview.

            Budget Overview

            Ms. Hall explained that the proposed 2006 budget that was presented in July has had some revisions; they include two new positions that were approved by the Board for the County Attorney’s Office; some increased enhancements for their Information Technology Department; countywide radio system that will be funded under the Public Safety Department as opposed to under the Sheriff; two new positions for Internal Audit that has been requested by the Clerk of the Courts; and a number of other minor changes.

            Ms. Hall noted that the total budget is $404,169,930 and represents a millage decrease of .02 mills in the General Fund.  The General Fund also includes 11.2% undesignated reserves.  In the budget the Board has before them, $54 million of funds obligated in the current fiscal year 2005 have been carried forward as re-budgeted items to year 2006.  Of that figure, $56 million are road and facilities capital projects that span fiscal years.  The budget for 2006 focuses strongly on public safety and transportation.  The addition of 34 positions for the Sheriff’s Office and 24 new positions for the Public Safety Department are included.  Anticipated growth in revenue and transportation impact fees and the one-cent sales tax are budgeted to continue transportation improvements of $56 million.  Other areas of focus in the 2006 budget include a reverse 9-11 system; adoption and implementation of a new Comprehensive Plan; public lands acquisition program; permitting and construction of a new cell on the County’s landfill property; increased funding for the Jobs Growth Incentive Program; increased funding for Citizens’ Commission for Children; upgrades and enhancements within their Information Technology infrastructure; funding to review the compensation and benefits package for employees; and funding to convert all employees under the County Manager to a 40 hour work week to better serve both internal and external customers. Ms. Hall stated that they have lofty goals for 2006 to enhance their provision of basic infrastructure; to increase their attention to customer service; and to renew their commitment to their own employees.  All department directors are present tonight to address any questions that the Board or the public may have related to their operations.

            Commr. Hill stated that, at this time, she is going to publicly announce the percent by which the recomputed proposed millage rate exceeds the rolled-back rate, and the specific purposes for which ad valorem tax revenues are being increased.

  • Proposed Lake County General Fund millage rate is 5.7970, which is 13.37% over the rolled-back rate of 5.1132 mills.

 

  • Proposed Lake County Municipal Service Taxing Unit (MSTU) for Ambulance & Emergency Medical Services is 0.5289, which is 13.67% over the rolled-back rate of 0.4653.

 

  • Proposed Lake County Stormwater Municipal Services Taxing Unit (MSTU) is 0.5000, which is 15.67% over the rolled back rate of 0.4322 mills.

 

  • The County’s aggregate rolled-back rate is 5.8247 mills and the proposed aggregate tentative rate is 6.6092 mills, which results in an increase over the aggregate rolled-back rate of 13.47%.

 

            Citizen Comments

            Commr. Hill opened the public hearing and called for public comment.

            Mr. Buddy Herring addressed the Board and stated that he is here to get an education having just moved to Lake County a little over a year and a half ago, so he may not be familiar with all of the terminology.  From looking at his trim notice, it appears to him that the Board is raising the millage rate about 13%; his assessed value on his property has gone up about $25,000 on $130,000 or about 18%.  When he called the assessor’s office, he was told that every piece of property in The Villages that reside in Lake County has gone up approximately $23,000 for the new valuation.  He also found out from the Property Appraiser that the County will be getting $2.5 billion of property that was not on the tax roll this year.  When he inquired further today, he found out that there is extensive development in the southern part of the County, and the property there is currently frozen out orange groves that is being sold in excess of $700,000 for an unimproved lot and that will be added to the tax roll; these $700,000 lots will then have $4 million houses that will be added to the tax rolls.  Mr. Herring stated that he has never lived anywhere where, after a revaluation or a significant increase in the tax roll, the millage rate did not go down.  Even though he qualifies for a $25,000 homestead exemption, it is wiped out by increased millage rates.  He cannot believe that the population is going to increase so radically in one year that they need 50 plus more safety people, and he feels that the proposed budget coupled with the revaluation is going to tremendously impact people on fixed incomes; people who are retired; people who moved to Lake County because it was well run, conservatively managed, good value for the money.  He pointed out that there is unbridled development in the Clermont area, and a new multi-million dollar shopping center coming on line in October near The Villages, which will add to the County’s tax money that it did not have last year.  He would like to encourage the Board to think about budgeting a different way, more like the way individuals budget their households suggesting that the millage would be going down drastically.  He wanted the Board to realize that they are looking at a tremendous influx of money over the next three or four years, and a tremendous increase in assessed valuations.

            Commr. Cadwell noted that Mr. Herring lives in his district.  He explained that the overall budget increase was 8.6% over last year; the millage rate will be the same.  The only reason he will be paying any more is because of the value change on his house but, now that he has homestead exemption, that value will only increase 3% a year.  Several years ago, the Board went to rollback a couple of years in a row, and they got themselves in a bind before this growth started in the County.  It does create more money by the extra property on the tax roll, and it is actually helping them catch up especially on the public safety side.  The Sheriff’s Department is almost an urban type department that has been growing from a rural department, and the personnel in public safety and fire department are needed for all of the new customers coming into the County.  He feels pretty comfortable with the 8.6% increase in the overall budget.

            Commr. Pool explained that, if the Board went to the rollback at the 5.1132, it would bring in the exact amount of money it brought in the year before noting that the Board has nothing to do with appraised values.  If they went to the rollback rate, they would have zero increase in health and safety.  Their budget at 8.6% is truly a good budget, when looking at the additional services that are needed; the millage actually went down .02% overall.

            Discussion occurred regarding information that was reported in the newspaper that the County will have $2.5 billion of additional property on the tax roll, with it being noted that, with this additional property, additional services will have to be provided for those individuals coming into the County.  It was also noted that most of the development coming into the County has been rooftops and, if the majority of their growth was in industrial or commercial, they would be looking at lowering that tax rate.

            Commr. Hanson pointed out that Lake County continues to face more unfunded mandates from the state and federal government.  The dollars that the County no longer recoups from Save Our Homes causes a big impact the first year; in subsequent years, it is not a huge impact.  The Save Our Homes makes a tremendous impact on their revenues every year.  She noted that the County added the extra senior exemption a couple of years ago, which also affects their dollars, but an individual would have to qualify for the exemption.

            Commr. Cadwell pointed out that just one item that the legislature shifted back to the counties this year was $90 million to house juveniles, which was always handled at the state level, and Lake County’s share of that is about $1 million.

            Commr. Hanson pointed out that traditionally Lake County has had about the thirteenth lowest tax rate in the State, and Lake County has been very consistent in keeping their millage rate low.  She also noted that they have a healthy reserve fund, yet their reserves are not exorbitant at 11.2%; a higher percentage is recommended.

            Commr. Stivender explained that last year the County spent $21.2 million just on the hurricane aftermath.  If they had not had that money in reserves, they would not have been able to take care of everyone, and the County has only gotten back $8.7 million.  In the five years that she has been on the Board, and she has not been one to raise taxes, she fought to cut back on the solid waste assessment.  Because they were able to settle with Covanta, they are gradually going back like they promised the people but they are not actually raising the tax rate.

            Ms. Victoria Oaks, Leesburg, addressed the Board and stated that she is also here for an education.  She is basically looking at her trim notice and, after owning her house for one year and three months, she is looking at increases in her taxes including the ambulatory tax.

            Ms. Cindy Hall, County Manager, explained that there are two sets of numbers on the trim notice, which are calculated by the statutory guidelines, but one number is showing her as if the budget was adopted at a rollback rate.  She asked that Ms. Oaks get with budget staff after the meeting, and they can go through the trim notice with her item by item.

            Mr. Sandy Minkoff, County Attorney, explained that, if Ms. Oaks bought her house a year and three months ago, the assessed value date is January 1, so the year she bought the house, she has the advantage of the previous owner’s Save Our Homes exemption.  Then the next January 1 that exemption disappears so the taxes go up; even if there had been no change in taxes and no change in assessment, her taxes would have increased.

            Ms. Oaks explained that she is looking at everybody in her neighborhood, which is an older neighborhood with older homes, and they have been impacted by the hurricanes as well as everybody else.  Her insurance did not cover her roof or anything else and now she is looking at the burden caused by the taxes on her trim notice.

            Mr. Travis Whigham addressed the Board and stated that he really has a problem with Mr. Ed Havill, Property Appraiser, because his property value increased $17,000 this year.  He could understand a rate increase, if they were getting a lot of extra services but, in his area of the County, they still do not have adequate roads for fire and rescue to get to homes in a reasonable amount of time.  He could also understand the increase, if they were going to get a lot of extra services such as a public countywide transportation system for everybody.  He noted that Orange County has requested100 new buses to transport people; Lake County does not have one bus.  It seems that all of the growth is costing everybody because the more people they allow into Lake County, the more money each taxpayer has to pay out of their pockets every year.

            Mr. Charles (Chuck) Crane stated that he is from Clermont, and he is also a representative of the Citizens’ Commission for Children.  He stated that the budget for this Commission has remained the same over the past three years, and he has been guiding their Board of Directors into increasing that by a small amount.

            Commr. Stivender explained that the amount was $50,000; staff put in $25,000; she sent a memo to all of the Commissioners with the data from the last meeting letting them know that they need the other $25,000.

            Mr. Crane stated that the children in Lake County have some very serious problems, and they need help in prevention programs; they need help in educational programs outside of the schools; they need help in social programs; and they need help in a lot of different ways.  The Commission supports children from the pre-school age up to the age of 18; it supports pre-school programs throughout the County but only one in South Lake County; it supports the YMCA but most of that goes to the Golden Triangle rather than the South Lake YMCA; and most of the money being budgeted for this next year is up in the northern part of the County.  He is trying to get more organizations in District 2 to apply for monies next year.  Mr. Crane stated that he understands that one county that has a program a lot like theirs has a one-cent tax that is dedicated to children’s programs throughout the County and, even though he is not saying that they should do this, he understands that the penny tax is up for renewal.  It was noted that Lake County had already renewed the one-cent tax.

            Commr. Hill called for further public comment.  There being none, the public hearing portion of the meeting was closed.

            On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 5-0 vote, the Board approved to adopt a tentative millage, as follows:

Lake County General Fund Millage – 5.7970

Lake County MSTU for Ambulance and Emergency Services Millage – 0.5289

Lake County Stormwater Management MSTU Millage – 0.5000

 

            It was noted that the Board had been presented with a backup sheet with Outstanding FY 2006 Budget Items.

            Commr. Hanson stated that she had a question about the two additional internal auditor positions.  She questioned whether the Clerk of Courts could get by with one this year and one next year.

            Ms. Hall explained that she did propose that question to Mr. James C. Watkins, Clerk of Courts; if that was the decision of the Board, he would certainly work with that but he felt strongly that the two would definitely work for the County as a whole, and they apparently do work not only for the Board but for other constitutional officers.  There have been quite a bit of internal audits that staff has requested them to do, and the recommendations have been very helpful.

            Commr. Stivender pointed out that the Clerk of Courts is helping do the audit for the Lake-Sumter Metro-Planning Organization (MPO).

            Commr. Hanson stated that the Childrens’ Commission does an outstanding job, and she certainly helped create it, and it is important for them to look at the intent of that Commission, for prevention and intervention.  She pointed out that there is not a funding recipient on that list that should not be funded; however, when the monies get tight, they need to look at those very basic needs of children for prevention and intervention.  They will never have enough dollars to take care of all of the needs of the children in Lake County, but they have come a long way and the dollars are spent well.  To address the question of more dollars, she thinks it is appropriate that the Council becomes an independent taxing district where they answer directly to the people and not to the County Commission but that is perhaps an issue that would be a referendum item.  Many of the counties in the State do that and they set their own millage; otherwise, they remain dependent on the County Commission for the dollars.

            Commr. Cadwell stated that, in looking at the list of outstanding budget items, he pushed for the Sheriff to get on the merit program with the County, and this may be a time that the Board needs to ask him to readdress that at mid-year, which would give them some use of that money.  He wants to get that done, and the Sheriff has been willing to work with them either way.  Also, even though they lowered the solid waste portion of the millage, there is still some growth in that fund that is going to be transferred and he would suggest that they keep $1 million that was going to be transferred to solid waste and put that back into the General Fund where it was generated and, at mid-year, they can look at the solid waste fund to see if those funds need to be replenished.  He noted that they were earmarked for reserves in solid waste anyway.

            Ms. Hall noted that it is a pretty hefty reserve and staff could certainly do that and look at that during the year and come back to the Board at mid-year and give them a status of how they are doing in that fund.

            Commr. Cadwell pointed out that the Board adopted the millage, and he is looking at keeping $1 million in the General Fund instead of transferring it to solid waste, with the understanding that solid waste, because of some of the changes they have made, is getting in pretty good financial shape and understanding that, at mid-year, they may have to look at it and do something else.  Commr. Cadwell pointed out, too, that it may still be the same monies because the Sheriff may want to make it retroactive but, if they put it off until mid-year, they can find out where they are financially and, as he has said to them, he may have some additional dollars that would actually cover that cost and, if it does, then they can implement it in October.

            Commr. Stivender commented that she called Sheriff Daniels before the meeting and suggested that same thing, and he said he would definitely be amenable to that because he does not know the numbers yet, and it could be retroactive at mid-year.

            Commr. Cadwell stated that, in regards to the literacy program and the library, he received some paperwork from Ms. Hall and Ms. Wendy Breeden, Library Services Director, which was copied for the Board members.  The position was half funded by the Board and half by a grant; the grant has gone away so the position was not funded at all.  It would take $49,000 to keep that program going and, in looking at the statistics in regards to the people it is affecting, it is an important program.  He would offer an amendment that the Board places that amount back into the budget.

            Adult Literacy Program

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to amend the budget to include the Adult Literacy Program that is currently in existence in the library system, an approximate amount of $49,000.

            Childrens’ Commission

            Commr. Stivender made a motion for the Board to approve an amendment to the budget, to add the additional $25,000 for the Childrens’ Commission, as requested.

            Under discussion, it was clarified that the $25,000 would be the grant amount, which is offered back to the non-profits.

            Commr. Pool seconded the motion.

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

            Internal Auditor Positions

            Commr. Hanson stated that she would recommend that the Board move forward with the one additional Internal Auditor position.  It was noted that this will be a General Fund transfer to the Clerk of Courts.  She stated that they could look at this again at mid-year.

            Commr. Stivender was concerned that County audits would be delayed because the Board did not fund the two positions, but Commr. Hanson did not feel this would happen.

            On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved one additional Internal Auditor position (General Fund transfer to the Clerk of Courts) this year, with the understanding that the second one would be funded next year, unless a mid-year review is in order.

            Solid Waste

            Commr. Cadwell made a motion, which was seconded by Commr. Stivender, to approve to reduce the General Fund transfer to Solid Waste by $1 million, to be placed in reserve to fund the programs that they are deciding at this point.

            Under discussion, Commr. Hanson stated that, by taking it out of solid waste, the Board put the millage there for several reasons but, as she recalls, the folks in the incorporated areas would be participants in the solid waste fund, whether their garbage stayed in the County or went out of the County.  She stated that there are some other options that they could look at; one would be a franchise fee or a fee for the garbage that goes out of the County.  She stated that this is one of the reasons that she voted for the millage; it kind of leveled the playing field between those in the incorporated and unincorporated areas of the County.

            Ms. Frazier noted that, if the Board approves this transfer, as noted, this would still leave about $2 million in reserves.

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

            E-Waste Position (Environmental Inspector)

            Ms. Hall pointed out that, if there were no changes on Item 1 (Integrated Financial System Funding - $1,500,000) and Item 2 (Parks Grant Matches - $750,000), the Board did not need to act on them.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the E-Waste Position (Environmental Inspector), in the amount of $41,530.

            Sheriff Merit Program

            It was noted that the Sheriff’s Merit Program in the amount of $612,986 is not currently in the budget.  It was the understanding of the Board that the money they put back was to look at this program.

            South Lake Health Clinic

            Commr. Pool explained that Mr. Fletcher Smith, Director of Community Services, brought forward an idea of a health facility on Star Boulevard near the hospital.  Then he heard of another piece of property that may be available but, after staff investigated the site, they found it to be about 2.8 miles from an existing facility in Groveland.  They talked about not duplicating services or having similar facilities too close to one another.

            Ms. Hall explained that staff has talked to the owners of the site, a 10,000 square foot building, and their concern is that this building is being built as a shell; the lease payments they were given were for the building as a shell.  There are some additional costs that they would incur should they go forward for the furniture and equipment, about $300,000.  In addition, they would need to fund, in some way, building out the interior of it, either through an increased lease or up front payments, but they do not know what that cost will be.  Staff talked with the owners and asked them to give them some leeway so they can do some programming and schematic design to get some idea of the cost.  They are giving them the equivalent of about two months lease payments starting in October, to allow them some time to do this and that would obligate them to about $40,000.  Should the design and cost come back and be acceptable to the Board, then that payment would be applied to future lease payments, so they would not really lose it; should the Board decide not to move forward with it, then they would forfeit that cost.  Ms. Hall stated that she felt this was a safe way to go with that building.  Staff also felt that, in talking with the new Health Director, they could get some ideas from her as to the direction she wants to go with the health clinic, perhaps to see if there are other ideas out there, such as locations, buildings, or different way to approach the issue.

            Commr. Pool stated that he struggles with spending $40,000 and, if the Board does not like what they see, they would not be able to recoup those dollars.

            Mr. Fletcher Smith, Director of Community Services, addressed the Board and explained that he really does not have any other ideas except to go forward and see if they can get a good handle on what the build out and furniture costs would be.

            Discussion occurred regarding the population that uses the Health Department and the Community Health Center, with it being noted that there are some programs being offered at one and not the other and vice versa.   It was noted that Ms. Anacelia Gander, Community Health Center, and Dr. John Pelosie, Lake County Health Department, were present to talk to these specific issues.  It was also noted that they try to maintain some geographic distance between the clinics.

            Commr. Pool explained that the lease space in the Clermont area is probably 99% to 100% currently occupied but he was concerned about spending those dollars and coming up with an exorbitant fee and then they do not find those dollars.

            Ms. Hall explained that the Board knew that they would be bearing that cost but staff just did not know the number to tell them.  She noted that $750,000 was just a ballpark number determined by staff.

            Mr. Minkoff stated that staff has discussed with the owners an option to purchase.  The dollar figure they gave the County they want to renegotiate, so it will be higher than what they suggested.  The only other alternative to this is to go ahead and do a RFP for a building much like the Tax Collector did when they built the Eustis clinic.  The question will be whether they will get a lease rate similar to this one being offered to them.  He is sure there will be people who will build the building for the County and lease it back for ten or 15 years.

            Ms. Hall clarified that staff is concerned that they do not know the actual number to tell them.  They can give a pretty good estimate on the furniture, fixtures and equipment (FF&E) which is around $300,000; what they do not know is the cost of finishing out the interior part of it, and that is going to be a pretty big number.  Once again, she explained that the $40,000 would be applied to future rent but, at this point, staff did not feel they could give them an estimate of the interior construction that would be valid.

            Mr. Minkoff explained that the Clermont Library did an arrangement just like this; it took them a year to get in; they were paying rent; it ended up costing more than what they had anticipated; and they are still trying to resolve some of those costs.  It was exactly the same thing where they did not have a good set of plans at the beginning, because they did not have time and the library had closed.

            Commr. Stivender stated that she would rather wait and get those hard costs and then come back.

            Mr. Jim Bannon, Director of Facilities and Management, explained that it is going to be an estimate; certainly staff could give them a number but it is going to be difficult for them to guarantee that number; it is going to be on the high side; and there are time issues associated with closing this deal.  It is going to take time to extract the needs, the programmatic needs, for the building, and they have started to put that together and bring an architect on board but there is at least a couple weeks or more before they can come back to them with a decent number.

            Commr. Pool stated that there is a need in South Lake and without a doubt there has been a commitment made from years gone by when the Board had talked about a new facility, and he just wants to find the most cost effective way to provide the level of service, but he is not sure they are getting there.

            Commr. Pool made a motion to approve the $40,000 expense, as clarified earlier by Ms. Hall.

            Mr. Minkoff stated that staff will bring an agreement back to the Board; the issue tonight is the budgetary; if the Board is going to go forward, then the numbers given by Ms. Hall need to be in the budget.

            Ms. Hall clarified that staff will need to amend the budget to include an estimate of what the remaining lease for the year would be and some FF&E, and then include it, and staff will come back with an agreement for the couple months rent that they would be paying to give them time to do the study.  The estimated amount of the project will be $750,000.

            The motion made by Commr. Pool died for the lack of a second.

            On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved to budget $750,000 for the South Lake Health Clinic.

            Mr. Minkoff explained that, unless there are other amendments, the Board can adopt the budget one by one, or in one motion, at the pleasure of the Board.

            School Resource Officers

            Commr. Stivender stated that she had asked Ms. Frazier get her some information about the 17 school resource officers (SROs). 

            Ms. Frazier explained that currently the SROs are budgeted at the same rate that the School Board is paying this year, which is $25,000 per officer; each officer is going to cost them $70,124 including operating expenses.

            Discussion occurred regarding the ratio paid by the School Board, with Commr. Hill noting that a meeting is scheduled with the County Manager and the School Board’s Finance Director next week and hopefully this will change but, as of now, the ratio has not changed.  It was noted that one position in Eustis is currently not in the budget; it would be at an entry level.

            FEMA

            Commr. Stivender noted that, in terms of FEMA, the County has $15.7 million that is still outstanding.

            Ms. Frazier explained that the County has projects in the system of $21.2 million; they have about $3.2 million additional; $2.1 they just worked with FEMA and they will be getting those projects in the system and will not have to appeal those; the other $1 million they will have to appeal.  Their share of the 5% that the State and FEMA do not pick up is roughly $1 million so, if they do not get appeal money, they are looking at $2 million, which will be their costs.  She has factored that into estimates on carried forward dollars in the General Fund.

            Commr. Stivender stated that she asked Ms. Frazier these questions so that people like Mr. Herring from The Villages realize all of the things that the County has outstanding.  The fuel is another one and, with the rising costs, the County used $537,000 from October 2004 to July 2005, which is roughly 2,700 gallons, and they paid $1.97 a gallon; they are currently paying $2.54 and it is expected to go to $3 which would create another $300,000 that is not expected.  It was noted that the fuel increase cost has not been factored into this budget.

            Commr. Hill wanted to know if the radios had been factored into the budget, and Ms. Frazier noted that the infrastructure for the countywide radio system has been included. 

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to budget the additional School Resource Officer (SRO) for the Eustis School (approximately $50,000), as requested by the school system.

            On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved to adopt the tentative countywide budget in the amount of $404,169,930.

            Commr. Hill announced the public hearing for final adoption of the budget on September 20, 2005, 5:05 p.m., or as soon thereafter as possible, in the County Commission Chambers at the Lake County Administration Building, 315 West Main Street, Tavares, Florida.

            RESOLUTION/IBINI-TERA/ST. JOHNS RIVER CELEBRATION

            Ms. Cindy Hall, County Manager, reported that this morning the Board passed a Resolution supporting the Ibini-Tera/St. Johns River Celebration on Sept. 17, 2005; staff just got word this afternoon that they are actually postponing that event. She wanted to publicly announce that this will not take place on that date because many of the entities and people that participate in the event are involved with assistance to New Orleans, Louisiana.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:23 p.m.

 

__________________________

JENNIFER HILL, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK