A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

SEPTEMBER 19, 2006

The Lake County Board of County Commissioners met in regular session on Tuesday, September 19, 2006, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present: Catherine C. Hanson, Chairman; Welton G. Cadwell, Vice Chairman; Jennifer Hill; Debbie Stivender; and Robert A. Pool. Others present: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; and Toni Riggs, Deputy Clerk.

INVOCATION AND PLEDGE

Dr. Joe Roberts, with the Orange Avenue Church of Christ, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda containing two consent items that needed to get on the Consent Agenda before the end of the fiscal year, one regarding a Change Order, under Procurement, having to do with architectural services at the Agricultural Center; there would be no change to the Budget, just a change in the service.  Ms. Hall also wanted to add an approval and execution of a contract for roadway shoulder rehabilitation before the fiscal year runs out; under Public Safety, the agreement for the network services of the City of Leesburg for the connectivity to Florida Cable Network; and a presentation by Gary Holstein, in conjunction with Robert Johnson’s presentation regarding the Business Resource Center at Lake Sumter Community College, to directly follow Mr. Johnson’s presentation on Economic Development.

Mr. Minkoff stated that there was a new County Attorney Consent Agenda in the packet, but that he would like to pull Tab 38 from the Consent Agenda regarding the conceptual approval of the proposed land exchange between the City of Tavares, Tavares Homeowners, Inc., and Tavares Station Development, Inc. and put it on his regular business.  

CLERK OF COURT’S CONSENT AGENDA

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 1, 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.

Annexation Ordinance from City of Tavares

            Request to acknowledge receipt of Annexation Ordinance No. 2006-36, from the City of Tavares, annexing approximately 9.2 acres, located on the north side of CR 448, approximately 1,300 feet west of the intersection of CR 561 and CR 448.  Passed and ordained the 16th day of August, 2006, by the City Council of the City of Tavares, Florida.  
            Boundary Ordinance from City of Minneola

Request to acknowledge receipt of copy of Ordinance No. 2006-16, from the City of Minneola, amending the  boundaries of the City of Minneola, in accordance with the procedure set forth in Section 171.044, Florida Statutes, to include within the City limits approximately 206.82+/- acres of property generally located east of U.S. Highway 27 and south of Southern Breeze Road, in Lake County, Florida.  Rezoning said property from County AR (Agricultural/Residential) to PUD (Planned Unit Development).  Passed and ordained the 11th day of July, 2006, by the City Council of the City of Minneola, Florida.

Lake County Water Authority Tentative Budget

Request to acknowledge receipt of Lake County Water Authority’s Draft Tentative Budget for 2006/2007.  Budget Hearings are scheduled as follows: Tentative Budget Hearing – 5:05 p.m., September 13, 2006, BCC Chambers, 315 W. Main Street, Tavares; Final Budget Hearing – 5:05 p.m., September 27, 2006, BCC Chambers, 315 W. Main Street, Tavares.

Notice of Intent of Boundary Modification by City of Umatilla

Request to acknowledge receipt of Notice from City of Umatilla of its intention to modify its Community Redevelopment Plan and amend the boundaries of the redevelopment district. A public hearing to consider a resolution modifying the boundaries will be held by the Umatilla City Council on Tuesday, September 19, 2006, 7:00 p.m., at Umatilla City Hall, 1 S. Central Avenue, Umatilla, Florida.

Cascades at Groveland Community Development District Resolution

Request to acknowledge receipt of Cascades at Groveland Community Development District Resolution 2006-38 (passed and adopted August 16, 2006) identifying the FY 2006-2007 meeting schedule of the Board of Supervisors of the District, submitted pursuant to Chapter 190, Florida Statutes. All meetings of the Board shall be open to the public. Meeting dates are: October 18, 2006, November 15, 2006, December 20, 2006, January 17, 2007, February 21, 2007, March 21, 2007, April 18, 2007, May 16, 2007, June 20, 2007, July 18, 2007, August 15, 2007, September 16, 2007.  All meetings will convene at 2 p.m. at Marion Baysinger Memorial Library, 756 W. Broad Street, Groveland, Florida.

Karl Shirey/Lake County Mortgage

Request to acknowledge receipt of Original recorded Mortgage entered into between Karl Shirey and Lake County, as a result of Circuit Court Case No. 2004-CA-3379, dealing with Code Enforcement violations.

Annexation Ordinance from City of Fruitland Park

Request to acknowledge receipt of City of Fruitland Park’s annexation Ordinances 2006-007, 2006-008 and 2006-013. Passed and ordained August 24, 2006, by the City Commission of the City of Fruitland Park, Florida

Project Development and Environment Study

Request to acknowledge receipt of Notification from the Florida Department of Transportation (FDOT) that FDOT has initiated a Project Development and Environment (PD&E) study for U.S. 27 in Polk County. The limits of the project (Financial Project ID: 197534-1-22-01) are from north of I-4 to U.S. 192, an approximate length of 8 miles. This study is necessary to determine all feasible alternatives for adding lanes, adding paved shoulders, replacing a substandard bridge and straightening non-standard curve geometry. Additional safety improvements including sight distance corrections and guard rail options will also be studied. Public meetings and a formal public hearing are planned within the next two years to provide project information and to solicit public comments. Newsletters and flyers will be mailed to elected and appointed officials, property owners, interested persons, and the news media in advance of the public meetings and hearing. The study is expected to be completed in about 24 months. 

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 34, and Addendum 1, as follows:

Budget

Request for a Budget transfer – General Fund, Department of Public Works, Parks and Trails Division.  Transfer $40,122.00 from Professional Services to Contractual Services.  Funds needed for the Blueways Navigation Signage Project contract for the installation of signs on the Blueways.  Funds available in Professional Services

Request for a budget transfer – Library Impact Fee Trust Fund, Department of Community Services, Library Services Division.  Transfer $150,000.00 from Special Reserve to Aids to Governmental Agencies.  Funds are needed for the approved Leesburg Public Library project.  The City of Leesburg has submitted a request to release the first payment of 30% of the $500,000.00 impact fee award pursuant to the interlocal agreement.  Funds were budgeted in the Special Reserve account pending approval of Library Impact Fee applications submitted each year.

Request for a budget transfer - Section 8 (County) Fund, Department of Community Services, Housing and Community Development Division.  Transfer $25,000.00 from Special Reserve to Housing Assistance Payments County.  HUD has not yet sent the funding to cover Housing Assistance Payments.  There is a deficit for part of August and September.  This transfer will cover the payments through the end of the fiscal year.  Funds available from Special Reserve until the funds from HUD are received.

Request for approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals:

           Refund to USDA/Rural Housing Services on behalf of Ms. Henrietta Crosby.  Waiver approved by the County Manager on 8/22/05.

           Refund to USDA/Rural Housing Services on behalf of Ms. Kinisha Ford.  Waiver approved by the County Manager on 10/12/05.

           Refund to National City Mortgage on behalf of Mr. Leonard Barbe.  Waiver approved by the County Manager on 5/8/06.

           Refund to National City Mortgage on behalf of Mr. & Mrs. Willie Bennett.  Waiver approved by the County Manager on 6/5/06.

Request for approval of authorization for the Chairman to sign a letter opposing the Advanced Telecommunications and Opportunity Reform – Consumers’ Choice and Broadband Deployment Act of 2006 (H.R. 5252).

Community Services

Request for approval of the Agreement with Lake County Funeral Directors Association for burial of indigent or unclaimed persons.

Request for approval of the Human Service Grant Review Committee recommendation and provide funding as summarized for fiscal year October 1, 2006 through September 30, 2007.  Authorize signature by the Chairman to sign subsequent contracts and other related documents contingent on County Attorney approval.

Request for approval to designate Lifestream Behavioral Center as the approved drug abuse treatment/education program recipient for FY 2006/2007 using funds collected totaling $16,700.00 (projected amount) per Ordinance No. 2001-90 from 10/1/05 through 9/30/06 and authorize the Board chair to sign the subsequent contract and other related documents contingent on County Attorney approval.

Request for approval and authorization for the Chairman to sign the FY 2005-06 Community Development Block Grant (CDBG) Partnership Agreement between the Forest Hills-Lake Mack Association and the County.  The Agreement allocates CDBG funds, in an amount not to exceed $1,500.00, for improvements to the Lake Mack Community Center.  By approving the Agreement, the BCC is also directing the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services.

Request for approval and signature of the FY 2006/2007 State Aid to Libraries Grant Application and Agreement.

Request for approval and execution of the Authorizing Resolution No. 2006-178 by the Lake County Board of County Commissioners to increase the amount of Tax-Exempt Bonds for “The Club at Eustis Village Apartments” from $7,500,000.00 to $8,000,000.00.

Request for approval of the Transportation Coordination Agreement between the Lake County Board of County Commissioners and Joan Brower.

Request for approval of the Standard Coordinator Contract between the Lake County Board of County Commissioners and Sunrise Arc for the operation of their transportation services.

Request for approval of the agreement extension between Lake County Board of County Commissioners and Mid Florida Community Services, Inc. for the provision of transportation services.

Request for approval of the Standard Coordinator Contract between the Lake County Board of County Commissioners and Je-bo Services to provide transportation pursuant to the requirements of Chapter 427 and Rule 41-2.

Request for approval and execution of a new Authorizing Resolution No. 2006-179 ratifying the issuance of $1,500,000.00 of Multi-family Housing Revenue Bonds for “The Cove at Lady Lake Apartments”.

Request for approval for the Transportation Disadvantaged to proceed with the “Name the Bus” contest for the Fixed Route Service.

Employee Services

Request for approval of the Lake County Workers’ Compensation and Property & Liability Policy and Property & Liability Claims Settlement Policy.

Request for approval of an offer to settle Ruben Leal’s claim for property damage, subject to the County Attorney’s review and approval.

Request for approval of of re-activation contract and Lake County Commission Chair to sign said contract between Careerbuilder and Lake County Employee Services for service dates from 10/1/06 through 9/30/07.

Request for approval of an offer to settle Tracy Rebando’s claim for property damage, subject to the County Attorney’s review and approval.

Request for approval of the Lake County use of Tobacco Products Policy.

Growth Management

Request for approval and execution of a Release of Fine, Property Owner: Michael Witt, Patricia Fuller, & Estate of Mary Williams, Case #CEB308-00.

Procurement

Request for approval to (1) declare the items on the attached lists as surplus to county needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign the vehicle titles. The items on the attached lists have been declared surplus by their respective agencies due to age, wear, and obsolescence.

Request for approval and execution of the First Amendment to Inwood Consulting Engineers, Inc. to include reimbursable expenses for their continuing contract.

Request for approval and execution of contracts with GMB Engineers & Planners, Inc., HDR Engineering, Inc., HNTB Corporation and Tindale-Oliver & Associates, Inc. for continuing on-call transportation engineering services.

Request for approval and execution of a contract with Comprise Technologies, Inc. for services for the Lake County Library Services Public PC and Print Management Services in the amount of $47,106.00.

Request for approval and execution of a contract with Electric Services, Inc. to provide installation of emergency generator at the Clerk of Courts Records Center and approve a Budget Transfer in the amount of $270,406.00.

Request for approval and execution of a contract with Vanasse Hangen Brustlin, Inc. in the total amount of $704,669.60.

Public Works

Request for approval to advertise ordinance to change the name of the Parks & Recreation Advisory Board to the Parks, Recreation and Trails Advisory Board.

Request for approval to accept the final plat for Williams Place, which consists of 16 lots and is located in Section 1, Township 23 South, Range 25 East, and all areas dedicated to the public as shown on the Williams Place plat, accept a maintenance bond in the amount of $37,085.82, execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Ladd Development, Inc., and execute Resolution 2006-180 accepting the following road into the County Road Maintenance System:  Dovetail Lane (Co. Road No. 0938G) – Commission District 2.

Request for approval of the Resolution 2006-181 recognizing observance of “Put The Brakes on Fatalities Day” on October 10, 2006.

Request for approval of the amendment to the Agreement between Lake County and Reynolds, Smith, and Hills to continue with the design of Britt Road.

Request for approval to release a letter of credit for maintenance in the amount of $11,066.00 posted for Eagles Point Phase 1, which consists of 27 lots and is located in Section 6, Township 19 South, Range 26 East – Commission District 5.

Request for approval and signature of Resolution No. 2006-182 to advertise for Public Hearing, Vacation Petition No. 1095, to vacate right of way, in the Plat of Monte Vista Park Farms, located in Section 6, Township 23 S, Range 26 E, in the Clermont area – Commission District 2. 

Addendum 1-1A - Procurement 

Request for approval and execution of Change Order in the amount of $9,347.02 for additional architectural services and engineering services under the subject contract.

Addendum 1-1B – Procurement

            Request for approval and execution of a contract with Merrell’s Grade-All, Inc. for the construction of roadway shoulder rehabilitations for Hartwood Marsh Road, CR 450, CR 42 (SR 19-East), and CR 42 (Intersection of CR 450) in the amount of $404,000.00.

            Addendum 1-1A – Public Safety

            Request for approval to enter into an Agreement with network services with the City of Leesburg for connectivity to the Florida Cable, Inc. network for broadcasting of the EOC and Educational and Government access channels (17 & 22).

            COUNTY ATTORNEY’S CONSENT AGENDA

            On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the following requests:

            Request for approval for authorization to encumber funds and execute a rental agreement with Lake Warehouse & Storage Tavares for rental of warehouse units for Public Safety.

            Request for approval for authorization to encumber funds and execute a rental agreement with Lake Warehouse & Storage Tavares for rental of warehouse unit for Library Services.

            Request for approval for authorization to encumber funds and execute a renewal agreement with Frederick C. Belton for rental of office space for Guardian Ad Litem.

            Request for approval of renewal of BOE agreement with Bruce Duncan.

            Request for approval of Interlocal agreement with the City of Eustis pertaining to animal control services for the city.

            PRESENTATIONS

VOLUNTEER AWARD FROM NATIONAL WILDLIFE FEDERATION

Commr. Hanson presented Resolution No. 2006-173 to Bruce and Cathy Brown, congratulating them on their receipt of the National Wildlife Federation’s 2006 “Volunteer of the Year” award and recognizing and applauding their many contributions to Lake County.  The Resolution noted their commitment to habitat restoration, and that they have trained a record 125 habitat stewards on behalf of the National Wildlife Federation for the past six years and have helped dozens of homeowners to get their property certified as National Wildlife Federation backyard habitats.  The Resolution also recognized their most noteworthy project of a 12 acre Florida scrub jay trail which provides a mix of scrub and sandhill habitat preferred by these threatened species.

Mr. Bruce Brown thanked the Board, stating that they appreciate this recognition and humbly accept it on behalf of all the volunteers and the Florida scrub jay trailblazers and the National Wildlife Habitat Stewards. 

Ms. Cathy Brown addressed the Board, stating that they are very excited, particularly with the Florida scrub jay trail and to be working with Lake County.  She commented that the trail is in South Lake County, and that being in Lake County is wonderful because of the tourism and economic development that they can contribute to as individuals in the community.  She thanked the Board for all their support and stated that she was very proud to be there.

Commr. Hanson stated that Commr. Cadwell brought forth an idea about a year ago to expand the concept of the backyard neighborhoods being wildlife habitats, and that there are things that they can do at that level to become certified as a County.  She also stated that she would like staff to begin working closely with the Browns and to make that happen for Lake County.

CHAMBER ALLIANCE OF LAKE COUNTY’S RECOMMENDATION OF COUNTYWIDE ECONOMIC DEVELOPMENT VISION

Ms. Dottie Keedy, Director of Economic Growth and Redevelopment, introduced Mr. Robert Johnson, from the Chamber Alliance of Lake County, to address the Board regarding a proposal to develop a vision and a strategic plan for economic development for Lake County.  She commented that Mr. Johnson has been working on this presentation since January, and that she had started working with him in June, and that she strongly supports his strategic plan.

Mr. Robert Johnson, presented a power point presentation, stating that the Chamber Alliance was a non-profit organization that was formed last year to have the Chambers of Commerce in Lake County work more closely together on issues.  The Chamber Alliance is made up of eight Chambers, representing about 2500 businesses.  A survey that the group did showed that 97 percent of the respondents replied that Lake County needs a strong economic vision.  He went on to say that the last time a vision plan was done in Lake County was 1993, and he thinks that this type of plan can go beyond what the Comprehensive Plan can address.  He commented that a lot of changes have occurred since 1993 in Lake County, including doubling of work commuting times, a significant change in workforce, and a dramatic change in affordability of housing.  He stated that in 1990, the average household was spending about 21 percent of its income on its housing cost, but today about 60 percent of household owners spend about 50 percent or more on their housing costs.  He believes that the vision process should engage experts as well as community input, working in committees to establish a strategic plan with clear vision, goals, and benchmarks, and to continue to monitor that process.

Commr. Hanson commented that the Board has talked about a follow up to the 1993 study, and that she recognizes that Lake County is a different county than it was at that time.  She opined that many things have been accomplished, but now we need to figure out what the next step is, including more options for employment and higher-paying jobs.  She commented that she agrees with Mr. Johnson’s statements and that there are partners that can pull together to implement that vision.

Mr. Shannon Elswick, Chairman of the Industrial Development Authority (IDA), addressed the Board to state that the IDA is very much in support of the concept of moving forward with some strategic visioning and working toward a strategic plan, and that the IDA was one of the partners mentioned in the power point presentation.  He stated that he is working with the County Manager and with Ms. Keedy to put together a series of recommendations and requests for the Board at their next meeting regarding the role of the IDA in this process and to define the economic role for them in the Comprehensive Plan.

Commr. Cadwell commented that the Board empowered the IDA to do some things that really were not their job, but the IDA did a great job with them.

Commr. Pool commented that the IDA is an integral and important group, and it will be the Board’s decision how much involved and engaged the IDA is, but that they should be a partner as the County goes forward with economic development and finding new ways to create job opportunities in Lake County.

Mr. Elswick stated that they may bring to the next Board meeting a list of requests that the Board may listen to and appreciate, but not be able to respond to until later.  He commented that the main reason for him to be here was to represent that the IDA has been a part of this process, does support the visioning that the Chamber Alliance is bringing forward, and that he has had several discussions with Ms. Keedy and the County Manager, and he feels that they are all trying to come together.

Commr. Pool asked Mr. Johnson whether his group is giving advice to the Land Planning Agency (LPA) on what they think the future should be.

Mr. Johnson stated that they made a presentation in one of the LPA’s earlier workshops and found that they were hungry for input and that there was a gap.  He stated that in the future, they will present their findings to the LPA, and that the LPA is receptive to their input.

Commr. Cadwell commented that the reason the study worked in 1993 was because it was an inclusive process, and they made sure they had the right framework.  He opined that the timing is good for this type of study, but that it will take a little while to put it together.

On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board requested that the staff come back with a framework and process for community-wide visioning in regards to industrial development.

PRESENTATION – YESTERDAY, TODAY, AND TOMORROW – THE BUSINESS ASSISTANCE CENTER

Mr. Gary Holstein, from Lake Sumter Community College, addressed the Board, stating that there has been a really strong change in progression over the last several years.  He commented that yesterday the Board sanctioned and helped build the Business Assistance Center, and the initial vision was to have some place for new businesses to get information, figure out how to get started, and help their success rates.  He opined that it served that purpose and had many supporters, and that more and more businesses are taking part in what the Business Assistance Center, which has been renamed the Business Resources Center (BRC), offers.  He commented that today Lake Sumter Community College broadened the services that the BRC offers, such as computer training, continuing education, and business training, and has a website that has been accessed often.  He opined that they are in a position to be more responsive to the community and to be one of the factors that entice businesses into Lake County, including the training of a workforce.

PRESENTATION - IMPACT FEE STUDY

Ms. Wendy Wickwire, Lake County Impact Fee Coordinator, introduced Mr. Bob Wallace, from Tindale-Oliver and Associates, to give the Board a power-point presentation on his update studies.

Mr. Wallace stated that an impact fee is nothing more than the total cost of new growth less any revenue that new growth generates, or the demand for public infrastructure times the cost of the infrastructure less any credit.  He commented that the Board retained Tindale-Oliver to update those fees in regard to transportation, fire rescues, parks and recreation, and library services.  His firm collected local data on the trip lengths, trip rates, and percent of new trips on the County’s roads.  He stated that the Work Plan also includes making sure that they adjust the requirements for impact fee legislation passed last year.  As part of the study, they will look at data such as recent land purchases, recent construction bids, recent equipment purchases, and recently built facilities.  He stated that when they did the study for Lake County in 2001, the cost was $1.6 million per lane mile, but now the costs for that will be at least $3 million to $4 million, which will have a significant impact on the cost of transportation infrastructure.  His study will technically reflect what the County could charge new growth for impact fees.  He stated to the Board that they will see significant increases not only in transportation, but also in fire rescue, library, and parks and recreation by a factor of 2 to 3 times.  Mr. Wallace commented that there are several counties in the area that are also updating their impact fees.  He stated that they have a six-month time frame to complete the project, including trip characteristic studies, producing a draft report, and working with the Impact Fee Advisory Committee.

Commr. Cadwell asked Mr. Wallace if he is going to look at the affordable housing issue in the study and offer some alternatives.

Mr. Wallace responded that they are going to suggest some alternatives and probably talk with the County Attorney’s office to make sure that they are together on that, and bring back what they are all comfortable with as far as looking at alternatives for affordable housing.

Mr. Sandy Minkoff, the County Attorney, commented that they have retained Mr. Bob Nabors to work hand in hand with the consultant, and that he will be there for the kickoff meeting and will be involved at each step, in regard to affordable housing and to minimize any chance of litigation once the study is done.

Commr. Cadwell stated that he has always voted for impact fees and always thought they were good, but without the affordable housing element in it, he wouldn’t be able to support it with the cost of housing today.  He commented that they need to make sure they have a good program that will give those people some relief.

Commr. Stivender commented that the working class people would not be able to afford this, or to buy a house right now, so if they raise the impact fees to the range proposed, there is no way they will afford it.

Mr. Wallace commented that it is a balance and a matter of who pays and how we fund the program to make sense.

Commr. Cadwell stated that during the October 3, 2006 meeting, they will be raising the assistance program through State Housing Initiatives Partnership (SHIP) a substantial amount to try to help people that qualify for affordable housing, which will be brought forward at the Affordable Housing Committee, and that there will be some assistance in the new program that will include medium-income people such as firefighters and teachers.

Commr. Hanson commented that the State Legislature needs to lift the cap that they put on the County’s affordable housing dollars as the Board looks to provide more assistance and relief to the moderate income groups.

STATE ROAD 40 PD&E STUDY BY INWOOD CONSULTING ENGINEERS

Mr. Alex Hall, Project Manager with Inwood Consulting Engineers, addressed the Board with a power-point presentation on the State Road 40 PD&E Study from one mile west of State Road 326 (Silver Springs) to State Road 15 (US 17).  He commented that this is a 40-mile long project in Marion, Lake, and Volusia Counties, but he is going to focus primarily on the Lake County portion in his presentation.  He opined that the traffic projections and the safety analysis are driving the need for the project, both which indicate that there is no need to widen the roadway for the Lake County portion of the road.  In Lake and Volusia County, they are looking mainly at safety improvements such as auditory and vibratory rumble strips or pavement markings on the center and edge of the road.  He also stated that the Ocklawaha Bridge’s structure is sound and could be reused, and they are looking at alternatives to widen, expand, or build a parallel bridge to that.  It was constructed originally over the Ocklawaha River for the Cross-Florida Barge Canals, so it has a very tall height that is not needed, so they are looking at alternatives to that height.  He stated that the impacts they will primarily be dealing with are wetlands and species habitat, but will also look at other environmental and social impacts on the project.  They have been meeting with a project advisory group and are planning on having their largest public meetings in the spring of 2007, and they also have a very active webpage.  He opined that since they are not widening through the forest, they can shorten a three-year schedule into two years, since that will eliminate a lot of problems.

Commr. Cadwell commented that his concerns early on were intersection improvements in the Astor area and that they will have to do some innovative things there, and asked whether it will be in their plans to push Department of Transportation (DOT) for more signal lights at one or two of the intersections in Astor.  Mr. Hall stated that he will take a look at that.

Commr. Pool opined that the environmental groups understand that Mr. Hall has tried to engineer and design something that is going to be as good as it could get with the wildlife corridors, and that it is good that they are leaving the forest alone.

Mr. Jim Stivender, Public Works Director, commented that he assumes that the Board would like Inwood Consulting Engineers to continue contact with them, and stated that staff would like to get a support when they are done with the PD&E Study, so that they can forward an approval to the DOT on this segment of the roadway.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

REFUND OF SCHOOL IMPACT FEES TO BANYAN HOMES, INC.

Ms. Regina Frazier, Budget Director, addressed the Board, and stated that this was a request for a refund on five lots.  The impact fees were prepaid and then collected again through the City of Groveland.  The City retained a 3 percent collection allowance, and they will not be able to refund that.

Commr. Hanson commented that this looked pretty cut and dry, and wondered why the County Manager could not handle this issue, and that this might be something the Board could look at in the future.

Mr. Minkoff commented that they missed their 180-day deadline, and if they had applied within six months of paying it, the County Manager could have refunded the fees, but they waited a lot longer.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the request for the refund of the impact fees to Banyan Homes, Inc. less the 3 percent collection allowance to the City of Groveland.

REVISAL OF PROCUREMENT POLICY

Mr. Barnett Schwartzman, Procurement Services, addressed the Board, and stated that there were three main objectives behind this agenda item:  to increase visibility in the transparency in the County’s term and supply contracts, simplify portions of the current procedures regarding purchasing authority, and to provide more detailed and definitive guidance to all parties involved in the procurement process.  They are recommending, in order to increase the visibility and awareness of the dollar values pertaining to term and supply contracts over $50,000.00 in annual value, providing a quarterly report to the Board which gives the estimated and actual expenditures during the course of the year.  This will give the Board information which has been mostly absent from their consolidated review before.  To clarify the purchasing process, they want to apply a consistent $50,000.00 award threshold and require BCC approval for one-time purchases and modifications to those contracts.  Emergency and restricted actions would retain the current $25,000.00 Board approval level.  The physical things they are proposing would be to include the revised approval structure within a procurement procedure manual which incorporates current and revised procedures that address the procurement function as a whole.  He stated that the backup documents to the agenda item provide a summary of procedural revisions that are included in the manual, and that the manual is complete and ready to go upon Board approval.

Commr. Hanson commented that the Board members have talked to Mr. Schwartzman regarding this item, and that he has done an outstanding job in clarifying and refining the policy that they have, and she asked whether the procurement policy regarding encouragement to purchase recycled products had been included.

Mr. Schwartzman responded that the manual covers procedures, and within the manual itself, there is an emphasis on recycling, and that he is trying to take a whole lifecycle approach to acquisitions.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the revised Procurement Policy LCC-18.

OTHER BUSINESS

WOMEN’S HALL OF FAME INDUCTEES

Commr. Hanson thanked all those that worked on the selection process, and that it was very intense to have 38 women to select from for the Women’s Hall of Fame.  She also commented that they will be recognized at the State of the County event.

On a motion by Commr. Stivender, seconded by Commr. Cadwell, and carried by a vote of 5-0, the Board approved the ratification of Ms. Norma Hendericks and Ms. Sanna Henderson as the 2006 Women’s Hall of Fame inductees as selected by the Women’s Hall of Fame Committee.

APPOINTMENT OF MEMBERS TO MT. PLYMOUTH-SORRENTO PLANNING ADVISORY COMMITTEE

Commr. Hanson asked that the appointments of four individuals to the upcoming vacant positions on the Mt. Plymouth-Sorrento Planning Advisory Committee be postponed, because there will a charette in that area on September 30, 2006, and she would like to wait until after that process.

Commr. Cadwell inquired whether her intention is to postpone all those appointments until a new Board is in place.

Commr. Hanson replied that she does not think so, but just the members for this committee until after the charette.

APPOINTMENT OF MEMBERS TO PUBLIC LANDS ACQUISITION ADVISORY COUNCIL

Commr. Hanson commented that she thought the Board should go ahead to approve the members that wish to be reappointed.

On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the reappointments of Mr. Gregory Gensheimer, Ms. Marie Mulholland, and Ms. Sanna Henderson to the Public Lands Acquisition Advisory Council. 

Commr. Hanson recommended Mr. Jim Miller for that committee, but the County Manager expressed some doubts regarding him as an appointee, pointing out that he might be too busy, because he sits on the Impact Fee Committee and several other committees, and also that he is in the real estate business and that they already have a realtor on that committee.

Commr. Hanson stated that she was not aware that there was already a realtor on it.

Commr. Cadwell commented that these appointees are to serve for two years, and that the appointments should wait until the new Board is able to appoint them.

On a motion by Commr. Pool, seconded by Commr. Stivender, and carried by a vote of 3-2, the Board approved the appointments of Jim Miller and Kenneth LaRoe to the vacant positions on the Public Lands Acquisition Advisory Council.

Commr. Cadwell and Commr. Hill voted “no.”

APPOINTMENT OF MEMBERS TO ENVIRONMENTAL PROTECTION AGENCY

Commr. Hanson commented that the appointment of members to the recently amended Environmental Protection Advisory would be something they would want to postpone, because they do not have all the members from each of the districts.  She stated that in the meantime, they need to do all they can to get applicants from District 1 and 2, and that the Board might think about opening that up for “At Large.”

The Board decided to postpone the appointments until the Board meeting on October 3, 2006. 

REPORTS – COUNTY MANAGER

GRANT AWARDS FROM FLORIDA COMMUNITIES TRUST

Ms. Cindy Hall, County Manager, stated that she wanted to announce that they have received two grant awards from the Florida Communities Trust for a total of $2.5 million for two properties that were submitted by Mr. David Hanson, Public Lands Manager, which are the Wekiva River property and the Ricketson property.  She commented that they are very excited about that.

Commr. Hanson clarified that the Ricketson property is in the Wekiva area, west of Lake Norris, and the other is on the Wekiva River, which is right by the bridge. 

Mr. Minkoff commented that on the Wekiva piece, the County submitted an offer, the property owner is considering a counter offer; and the Board is waiting to get that back.

REPORTS - COUNTY ATTORNEY

PROPOSED LAND EXCHANGE

Mr.Sandy Minkoff, County Attorney, addressed the Board regarding Tab 38, which is the conceptual approval of the proposed land exchange between the City of Tavares, Tavares Homeowners, Inc., and Tavares Station Development, Inc., and to make sure the Board was aware of it and thought it was a good idea.  He explained that it involves Sinclair Avenue, which is the road on the west side of the historic courthouse.  He stated that the County owns a portion of what used to be Sinclair Avenue, between Sinclair and the lake, and the mobile home park owns a piece just north of the County’s piece.  The County owns about one third of the proposed cul-de-sac, the mobile home park owns the next third, and the City of Tavares owns the rest.  The County has an easement across the mobile home park’s property to get to its property.  The developer of the Lake Region property is proposing to extend the road down to the lake, bringing the trail around.  He has been having a discussion about having the County give its piece to the City and letting the City swap with the mobile home park, so that the new road could be placed there.  He wanted to make sure the Board was comfortable with that concept before an agreement was brought back to the Board.  He also stated that this would be a public roadway and trail along the lake, and would tie in with the Tavares City Council’s trail system.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by vote of 5-0, the Board approved the County Attorney going ahead with the proposed land exchange involving Sinclair Avenue.

REPORTS - COMMISSIONER HILL – DISTRICT 1

TENTATIVE SETTLEMENT AGREEMENT REACHED

Commr. Hill stated that they are going to be bringing back a tentative settlement agreement to the Board, but she did not discuss the details of that agreement at this Board meeting. However, she wanted to recognize the team that accompanied her during a 12-hour mediation session:  Mr. Sandy Minkoff, County Attorney; Ms. Cindy Hall, County Manager; Ms. Melanie Marsh, Deputy County Attorney; Mr. Greg Welstead, Deputy County Manager; and Carol Stricklin, Director, Growth Management.  She commented that it took a team effort; and she wanted to recognize them for the hours that they put in, and she opined it was a more positive experience to have a team sitting with her.

Commr. Stivender thanked Commr. Hill for taking her place at the mediation.

Commr. Pool complimented Commr. Hill for a good job.

­REPORTS – COMMISSIONER POOL – DISTRICT 2

RECIPIENT OF WILLIAM SCHWARTZ AWARD

Commr. Pool stated that he had attended, on behalf of the County, the William Schwartz Award Banquet at the Resort Orlando.  He informed the Board that a local company, Senninger Irrigation, received the award, and he is proud of their innovation, design, and teamwork, and that they have created many things to benefit our area.  He stated that they are located 2 ½ to 3 miles east on State Road 50, on the south side, in Clermont, and had brought over their entire operation from Orange County, including the employees, and that they are happy that they have moved to Lake County.

REPORTS – COMMISSIONER STIVENDER – DISTRICT 3

FUNDING FOR SAFE CLIMATE COALITION

Commr. Stivender explained to the Board that this was postponed from a previous meeting, because of her absence at said meeting.  She stated that this was a request for funding from the Safe Climate Coalition of Lake County, Inc. for infrastructure sustainability in order to continue to operate on a timely basis in a fiscally sound manner.  She went on to explain that she, as well as the Sheriff, the Safe Climate Coalition, and the Shared Services Network have been meeting for quite some time to try to figure out how to keep this very worthwhile program going.  It was originally under the School Board, but that was changed.  The Board approved it at the last meeting of the Shared Services Network, which is made up of very prominent people throughout Lake County, including law enforcement officials and other Lake County officials.  This program is eligible for crime prevention funds collected by the Sheriff’s Office under Florida Statute 775.083(2), Lake County Code 9-17.  She also explained that this money would come out of a fund that has been ongoing for years, and it would be a one-time request.  She commented that this organization runs on grants, and right now they are spending money out of their own pockets in order to keep the programs going.  Last year they did a program where they put stickers on alcohol sold at convenience stores that were selling to underage children.  She stated that we are sixth in the State in underage drinking, and this is the entity that is working on eliminating that problem along with others.  She also mentioned that the Sheriff had already approved this and was on board with it.

Commr. Hill inquired about the school’s Safe School Coalition or some kind of revenue that came to them under “Safety” and whether the State has done away with that.

Commr. Stivender responded that they are not receiving that anymore.

Commr. Hanson commented that we have underage children and teens that are being killed in auto accidents due to alcohol consumption.

On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the funding for the Safe Climate Coalition of Lake County, Inc. in the amount of $40,000.00.

REPORTS – COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4

EVALUTIONS OF COUNTY ATTORNEY AND COUNTY MANAGER

Commr. Hanson stated that they had the evaluations of the County Manager and the County Attorney, and that the Commissioners had copies of those reviews and the ratings that each received for each category.

Commr. Cadwell commented that the numbers show that the Board as a whole is very satisfied with both the County Manager and the County Attorney, and that he believes that the quality of the leadership the Board is getting has never been any higher than it is now, and that he appreciates the job they are doing.

Commr. Hanson stated that that showed in the reports.  She commented that, at this point, they will bring this issue back for salary recommendations at the next meeting.  She opined that she has been on the Board a long time, and that this was the best team that they have had, and this has raised the morale of the employees as well as improving problem solving ability.

COMMISSIONER HANSON’S RESIGNATION FROM WEKIVA COMMITTEES

Commr. Hanson informed the Board that currently she serves on the Wekiva River Basin Commission, which is a Governor-appointed position, but that she has resigned from that Commission, because of a Sunshine Law issue.  Also, she stated that she has also resigned from the Wekiva River System Advisory Management Committee, which is a federal appointment, and that the Board will need to think about both of those for replacements.  She commented that in the meantime, she does not think that there are any needs coming up immediately.  She also stated that they will continue to work to get the two amendments to the Comprehensive Plan approved in regards to Concurrency and submission of the Wekiva recommendations for the Local Planning Agency (LPA.).

Commr. Cadwell commented that he is sorry she had to resign from those committees, but thanked her for her work on those.

CITIZEN QUESTION AND COMMENT PERIOD

Mr. Travis Whigham addressed the Board to thank them on behalf of the Forest Hills Association for the grant money that they will be using to fix up the old fire station and do some repair work.  He also discussed a problem that currently exists in the election process, and opined that it should be changed so that the voting process would be available for all citizens, despite party affiliation.  He commented that tens of thousands of Lake County voters were blocked out of voting for Commissioners because they were registered Democrats, and only registered Republicans got a chance to vote.  He commended Commr. Hanson and Commr. Pool for the services that they had provided for citizens in Northeast Lake County, and commented that every time they have had a meeting and invited them, they went out of their way to service their area, even though is was not in their district.

Commr. Hanson thanked him for his comments, and opined that their replacements will probably do the same things that they had done, and that he should feel free to call them and work with them.

Mr. Roy Hunter addressed the Board to reiterate what Mr. Whigham said about the election process, and that he believes all the Commissioners on the Board have been friends to all the citizens in his area.  He also informed the Board that the East Lake County Chamber meeting will be on September 28, 2006, at 6:30 p.m. at Spring Creek School.

Mr. Emilio Bruna, Environmental Services, introduced Ms. Sharon Tatum who had just joined their organization as a Public Education Specialist.  She is going to let everyone know about the issues and the great things regarding the environment in Lake County.  She will be working with the schools, organizations, and anybody else who would like to know a little bit more about what is going on environmentally in our area.

Mr. Richard Bell, Clermont, addressed the Board and stated that he is here in behalf of Community Care Health Services.  Mr. Bell stated that, for the past three years, he has been on the Board for this organization.  Their President, Nick Jones, was unable to be here today, but he wanted to share a letter from him, which he read and submitted to the Board.  After reading the letter, Mr. Bell opined that in his past three years, this small, nonprofit group of workers are one of the most dedicated and compassionate group of people that he has known and that they do a tremendous job.  He urged the Board to give good consideration as they have in the past to their request for Careship for $10,000.00.

Commr. Pool commented that there is no doubt that this organization has provided a much-needed service in South Lake.

Commr. Stivender commented that Mr. Fletcher Smith, Community Services Director, could explain the process that they go through on the Grants Committee, and this one did not meet the criteria.

Mr. Smith explained that they had ten applications for the Careship grant, each application could ask for $10,000.00, and they only had $80,000.00 to split.   When the Review Committee, which is made up of representatives from Children’s Services, Elder Affairs, Parks and Recreation, the Health Care Committee, and Transportation Disadvantaged, looked at the applications, they looked at the cost of per service unit, which is the cost per person of services. He commented that in previous years, they have funded this program.  He opined that it is a great program in South Lake, and that it fills a big need in that area, but when the Review Committee looked at it from a cost per person basis, they did not recommend funding.  He stated that some of the programs that applied for the maximum grant received much less than what they requested.  He commented that they worked with Carol and Don Weaver this past year to help them renovate their house, which was a great project that the County did through CDBG funds, and that they would like to continue to work with them any way they could.

Commr. Hanson commented that it was obvious that this type of need would be much greater per capita than other applicants would be, so perhaps there should be a reevaluation of the process.

Commr. Pool commented that this group has struggled in many areas, such as permitting and other ongoing issues, and that they are having a hard time getting ahead.

Mr. Smith clarified that this program provided nursing and supervised day care for adults.

Commr. Stivender asked if South Lake Hospital has a funding source that could help with the nursing care.

Ms. Carol Badardi, Staff Administrator, Community Care Health Services, addressed the Board to state that this year they had to go on a hiatus with the South Lake County Foundation, because they have stipulations that a certain amount of dollars could be given for a certain amount of years, and then there had to be a hold, and it fell into the same time period as this.  She commented that this directly impacts families that not only have been attending, but many new families who inquire about a funding source, especially now that they have the new center open.  She stated that they do fundraisers to help that situation, but these circumstances will still impact families that will now not be able to afford the care.  She commented that some people utilize the facility so family members can keep working, and without it, family members are scrambling as to what to do, such as whether to leave a family member unsupervised if they continue to work, if they cannot afford even their reasonable cost.

Commissioner Hanson inquired about whether the list of those awarded the funds come back to the Board.

Commr. Stivender responded that the list comes back to the Board, and inquired whether that has been done yet in this case.

Mr. Smith responded that it was on the Consent Agenda today.

Commr. Cadwell commented that they have had this situation in Parks and Recreation, Children’s Services, and now in this case, and every time they have tried to fix it, they have made sure that they didn’t mess up the process and system that they have set up, because if they made an exception every time someone comes forward, they might as well do away with the process.  He commented that they have fixed the situation in the past by giving additional money, and inquired about the distribution of the grant money.

Mr. Smith explained that nine applicants received the funding, but that three of them received a reduced amount of funds.

Commr. Hanson commented that Children’s Services and Parks have additional sources of grant dollars that are separate, and that might be something that the Board wants to look at.

Mr. Smith stated that staff can get together with the Review Committee to look into the possibility of reallocating any additional dollars they receive from the Board.

Commr. Hanson commented that the per capita is going to be much higher for this type of service, and that her concern is the comparison process of per capita.  She stated that she understands that per capita is the only measure they have right now.

Commr. Hill commented that the Board should wait and bring it up at the budget hearing that evening.

Mr. Smith commented that the Review Committee tried to look at all the programs and make some decisions as best they could.

Commr. Hanson inquired whether some of the programs that received grant money were children’s programs.

Mr. Smith responded that they try to divert those programs to Children’s Services.

Commr. Hanson reiterated Commr. Hill’s comments that the appropriate time to discuss this issue would be that evening at the budget hearing.

Mr. Bell commented that their organization is the only one in South Lake that has this type of service, and that they have people coming from all over the South Lake area and are covering a wide area. He opined that even though they do not have that many clients at that time, they could in the future.

RECESS AND REASSEMBLY

            At 10:43 a.m., the Chairman announced that the Board will be recessing until 7:00 p.m.

            SECOND PUBLIC HEARING – FINAL BUDGET ADOPTION – 7:00 P.M.

            FISCAL YEAR 2007 – OCTOBER 1, 2006 – SEPTEMBER 30, 2007

            Commr. Hanson reconvened the Board meeting at 7:00 p.m. and welcomed those present to the final budget hearing.  She asked Ms. Cindy Hall, County Manager, to begin with her opening remarks.

            Ms. Hall stated that the final public hearing is for the purpose of amending and adopting the final budget, recomputing the proposed millage rate, if necessary, and publicly announcing the percent by which the recomputed proposed millage exceeds the rolled-back rate.  Following public comment, staff will ask the Board to adopt the millage resolutions, make any amendments to the budget, and adopt the final budget resolution.  She noted that, in this room are the key staff who have spent hours of preparation and scrutiny on this budget, and they are all looking forward to implementing the budget that they adopt in the coming year.  She wanted to thank everyone here including the Board for the time and input in the preparation of this fiscal plan.

            Commr. Hanson publicly announced the percent by which the recomputed proposed millage rate exceeds the rolled-back rate, as follows:

·        The County’s aggregate rolled-back rate is 5.3294 mills and the aggregate tentative rate is 6.6164 mills, which results in an increase over the aggregate rolled-back rate of 24.15%.

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

            Mr. Jim Miller stated that, through his interpretation of the information from the last budget hearing, there is a 30% increase in revenue and, coincidentally, the budget shows a need for a 30% increase. Mr. Miller explained that, when the rolled-back rates were presented last time, Commr. Cadwell had asked Commr. Stivender to show him where the cuts would be in the budget, but the Board does not need to cut anything in the budget, because they are asking for a large increase.  At a minimum, they are actually reducing the exorbitant increase and are not cutting anything.  He was concerned that the other four Commissioners do not think they should look at cuts in the budget and wanted to know why they are tasking one specific Commissioner to do that when it is the job of all five Commissioners to look at the budget and make these decisions.  Mr. Miller asked if any of the Commissioners requested a budget from the County Manager that reflected the rolled-back rate, or a rate somewhere in between these numbers.

            Commr. Cadwell stated that the Board had several budget workshops, and the budget was presented along with a list of the new programs that the county was going to do, and they had the option, at that time, to have that discussion.  They had that discussion, and personally he felt those programs were needed along with the pass downs that are coming from Tallahassee that are costing the county extra money this year, which they had not anticipated in the past.  Commr. Cadwell explained that there are a lot of things that the county is having to take care of in terms of growth, and they had that discussion several times between when the budget was presented and the first hearing, so there was that dialogue.

            Mr. Miller stated that, in terms of what can be cut, the General Fund increased 20%; Library Impact Fee Trust – 46%; Christopher C. Ford Commerce Park – 85%; Transportation Disadvantaged – 70% since 2005; Stormwater, Parks and Roads – 444% since 2005; Parks Capital Projects – 400% in one year from 2006; Fleet Maintenance – 86% from 2005.  He is not debating the need for the programs; he just does not understand how a budget can be managed with a 400% increase in some cases from one year to the other. 

            Commr. Hanson pointed out that the funding for parks has gone from almost nothing to more of a concerted effort to provide recreation for the citizens.  There has also been a big change in road construction, in relation to the cost of building roads today.  She asked Mr. Miller if he had an opportunity to talk with anyone in the Budget Department to receive some of the answers to his questions, but he indicated that he had not.  In response to further questions presented from Mr. Miller, Commr. Hanson explained that the Board has been very consistent through the last 15 years in holding the line on the millage rate, which meant that they were not in many cases able to provide the services and the programs that the citizens demanded.  This year it gives them the opportunity to provide them with those services but still hold the line on the millage rate.

            Mr. Miller stated that he felt the Board was putting this burden on those who have basically moved into the County over the last year in order to “catch up” instead of increasing the millage rate based on what the budget called for and allowing people on fixed incomes time to compensate for those increases over the years instead of all at once.

            Commr. Pool explained that out of 67 counties in the State of Florida, and excluding the incinerator fee that everyone pays, only ten counties have a lower ad valorem rate than Lake County.  He stated that Lake County needs more job creating industry.  Today about 76% to 80% of the County’s revenue comes from residential.

            Mr. Miller accepted the fact that he moved into a more expensive house; he knew he was going to pay more taxes.  The point he was making here today is that the Board is considering approving a budget with a 30% increase, which is a large budget increase, and no one has reviewed an alternate budget, and he does not know if enough effort has gone into trying to find these cuts.

            It was noted that Mr. Ed Havill, Property Appraiser, and Mr. Bob McKee, Tax Collector, were both present in the audience.

            Mr. John Seifert, Mount Dora, stated that, two weeks ago at the meeting, there had been a comment made that only 15 people were concerned about the budget, meaning those who were present.  He asked those present today to raise their hands if they were concerned about taxes and noted that there were more than 15 people.  Mr. Seifert felt that the results of this year’s election were swayed because of the trim report.  He stated that the Board has a responsibility to the citizens in the County, and he did not feel that the argument made by Commr. Pool about Lake County having one of the lowest ad valorem fees will be there next year, after contacting several surrounding counties, and with the changes that they will be making in the future.

            Mr. Verlon Anderson, Mount Dora, addressed the Board and stated that he has lived in Lake County for six years but, within the last six months, about 20 of his friends have put their houses up for sale, because they are on fixed incomes and cannot afford the taxes.  He feels that a message was sent during the election, because people are tired of the increases.  He is personally looking at moving because of his taxes.  Even though he realizes that the services have to be increased, he feels that the county should give back to the people.

            Commr. Hanson called for further public comment.  There being none, the public hearing portion of the meeting was closed at 7:25 p.m.

            Commr. Hanson stated that she agrees that the county has struggled for many years to bring in industry as they have tried to replace agriculture, and it has not been that long ago that they were an entirely an agriculture community.  They worked hard to put an Economic Element in the County Comprehensive Plan, but they need to focus even more on the types of industry they want to attract.  Even though they do have a Job Incentive Program, they must have the light industry to subsidize the residential growth, which is one of their biggest challenges if they are going to be able to provide the services that the people want and deserve, and to be in competition with surrounding counties.  She explained that, not only were they basing their costs on population, but it is that increase in level of service, because most of the people who come here want the same level of service they had wherever they came from.

            Commr. Cadwell noted that he had received an email from Shawn McKerdy, at which time he responded to his concerns, and he stated that Commr. Hanson had basically summed up the issues by noting the pressing needs they hear about every day from citizens, and he feels that this budget allows them to address those.

            Commr. Pool explained that, in the last eight years, the library budget alone went from $820,000 to $4.2 million, and these libraries are a quality of life issue that many people do not understand or recognize.  They have gotten 60 new firefighters over the last eight years, and fire service went from being a volunteer service to full time firefighting.  The fire stations are now $2.1 million to $2.2 million structures and are a safer environment for their firefighters and equipment.  All of these things are trying to enhance their quality of life, and they do not come without a price tag.  They cannot build roads fast enough and it now costs $3.5 million a mile.  Somehow they have got to pay for the infrastructure improvements, and the quality of life, and he does not think this is an unreasonable millage rate, or an unreasonable budget.  He appreciates those individuals being here tonight and expressing their thoughts and concerns.

            Commr. Hill explained that the budget process is an ongoing process; it is not something that she looks at once a year; it is something that she looks at daily, if not weekly, with the County Manager.  She feels very confident that the County Manager has brought forward a balanced budget, and growth must pay for itself.  She explained that the people here in the County that fall under that 3% ad valorem cap should not be responsible for the massive growth that has occurred in this county.  She stated that this county is no different than many other counties that are feeling the effect of growth.  She feels that the Board will entertain any ideas for cuts, but people need to realize the repercussions that will come from them.  They have looked throughout the year at the budget and have made departments accountable for their budget requests.

             Commr. Stivender stated that her comments are not to cut services that already exist.  She pointed out that the increase due to new construction went from 6.2% to 8.93%; the increase is due to re-evaluations that went from 14% to 24%.  She stated that the Property Appraiser’s Office is pulling those monies out to help pay for those residents being here, and to pay for that new growth.  As they continue to increase taxes, the people that live in this county will not be able to afford to live here; they will be renting apartments and will not be able to afford to build houses.  After talking to the County Manager and to Ms. Frazier, she realizes that a complete rollback would not be appropriate but she believe that a reduction of .5% which would take it back to 5.247 and would equate to $8,967,597.50 would show the public that they are concerned and that they are in a bind and that the economy is changing; it is going down; and that they do need to be able to buy groceries versus pay the county to build a Taj Mahal for constitutional officers who have not increased their number of employees and who have satellite offices, and  this is the reason that they cannot give people back their money.  She addressed an article in the newspaper that was written by Ms. Lauren Ritchie on September 6, 2006 pertaining to her but noted that they are all sucking the life out of Lake County.  She is passionate about not killing the work force in Lake County and noted that Lake County is going to be just like Orlando, and people are going to have to live in Sumter County to be able to work in Lake County.  She thinks that government should be working for the people and not for them.  She noted that it is not their position to cut; they do not set any of the budgets.  She stated that she emailed Ms. Hall and asked her to do that and Ms. Hall pointed out that it would have to be a Board request, not just a request from her.  Commr. Stivender explained that, in the past three years, the Board has not followed the same budget process to review line item by line item.

            Mr. Ed Havill addressed the Board and stated that Commr. Stivender is the biggest spender on the Board.  He explained that he is called a property appraiser because he appraises property; the Commissioners are called a taxing authority.  It is up to them to decide how much money to take out of the citizens’ pockets, and it is up to them to decide how much they need for services.  The taxes are going up this year, and they could lower the millage rate, but then they would have a whole group of other people in here that would be upset.

            Commr. Stivender requested that the Board cut the budget by .5%.

            Because there had been a request to vote on the resolutions separately, Mr. Minkoff noted that the Board would need to vote on them individually.

            On a motion by Commr. Cadwell, seconded by Commr. Hill and carried by a 4-1 vote, the Board approved the Lake County General Fund Millage - 5.7470 mills - Resolution 2006-183.

            Commr. Stivender voted “no”.

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Lake County Municipal Servie Taxing Unit (MSTU) for Ambulance and Emergency Services Millage - 0.5289 mills - Resolution 2006-184.    

            On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved  the Lake County Stormwater Management, Parks and Roads MSTU Millage - 0.6000 mills - Resolution 2006-185.

            On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Voter Approved Debt Service for Environmental Lands - .2000 mills - Resolution 2006-186.

            At this time, Commr. Hill requested that the Board remove $650,000 from the reserve for operations to the capital project line or, if the Board would like, to reserve for contingency.

            Ms. Regina Frazier, Director of Budget, explained that the reserve for operations policy says up to 1%; 1% would be about $1.8 million.

            Commr. Cadwell explained that philosophically they are still in hurricane season, and that money is in their operational fund, and he thinks they need to leave it there.  It was noted that it is in contingency; they cannot spend it unless it comes back before this Board.

            It was noted that no change would be made in this line item.

            Commr. Hill stated that they collect some fees over and above what the Tax Collector has historically given them back and, under that anticipation, she wanted to know if they could track those dollars for possible future expenses to his capital project at the new building.

            Ms. Frazier noted that staff tracks all excess fees from constitutional officers every year separately.

            Ms. Hall, County Manager, explained that there is an estimate each year as to what those excess fees are; if they come back in excess of what that estimate was, then there is an adjustment made at mid-year, and some additional money is provided into the budget.  She noted that Commr. Hill is asking that, if there are additional excess fees over what they had anticipated, that it be earmarked for capital costs.  Staff always tracks that funding and will provide an account of those excess fees, as requested.

            Commr. Stivender stated that the social services budget went up 31.72%.  She stated that there is a windfall of money there, about $60,000, that was a carry over and, in reference to the Board’s conversation this morning, she was wondering if that fund could be used for those items.

            Mr. Fletcher Smith, Director of Community Services, stated that Commr. Stivender is referring to the Choose Life License Plate revenue.  Those funds have to be spent for designated purposes pursuant to Florida Statute, and those funds are being used, as he explained.

            In regards to the conversation the Board had earlier this morning about the one program that did not get funded, Mr. Smith stated that Faithful and True Ministries applied for $10,000 and received $5,000.  The two programs for vision impaired, Lighthouse and New Life Vision, each received about $7,500.  One community health center agency asked for $9,800 which it received that amount.

            Discussion occurred regarding those agencies that did not receive funding including  the Adult Day Care Services through Community Care Health Services, Inc.  Commr. Cadwell stated that he does not want to take funding out of the existing dollars in social services because these are organizations that, if they were not providing those services, the county would have to provide them.  He wanted to know whether more funding would attract more applicants, and Mr. Smith stated that the ones that applied are the ones that are now receiving the funding.  Community Services has been working consistently over the years with others in many different ways and, when they can, they use grant dollars to help with funding.

            Commr. Hill explained that this issue comes up every year, and it seems that the funding is never enough but they work within a budget, and the Board established a committee to make recommendations to the Board.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 4-1 vote, the Board approved to adjust the final budget and take $20,000 out of reserve and put it into social services to cover the adult/elderly grant program (Human Services Grant Program).

            Commr. Hill voted “no”.

            Ms. Hall stated that staff wanted to bring forward four additional items for consideration by the Board, as follows:

Fleet Maintenance position, about $40,000 that would come from the reserves in the Fleet Fund and not affect the General Fund reserves;

General Fund item – additional funding for Lifestream to get them up to the per capita allotment of $4 per capita, about $25,304;

General Fund item – additional $25,000 for sponsorships for the Economic Growth and Redevelopment Program that had previously been in the Tourism Fund;

General Fund item – additional $65,720 to fulfill the requirements for laptops in the Emergency Operations Center.

            Ms. Hall noted that the total of the last three items is about $116,000 and is recommending that they also come from reserves.  She further noted that none of these items will affect the bottom line of the budget.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 4-1 vote, the Board approved the four additional items, as presented by Ms. Hall, County Manager, and as noted above.

            Commr. Stivender voted “no”.

            On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 4-1 vote, the Board approved the Final Countywide Budget of $454,824,430 and Resolution 2006-187.

            Commr. Stivender voted “no”.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 8:00 p.m.

 

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CATHERINE C. HANSON, CHAIRMAN

ATTEST:

 

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JAMES C. WATKINS, CLERK