A REGULAR MEETING OF THE BOARD OF
JUNE 7, 2005
Lake County Board of
INVOCATION AND PLEDGE OF ALLEGIANCE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Commr. Hill recognized former Lake County Sheriff, George E. Knupp, and Ed Havill, Lake County Property Appraiser, who were present in the audience.
It was noted that Commr. Stivender was not present for today’s meeting.
Ms. Cindy Hall, Interim County
Manager, stated that the Board has Addendum No. 1 with three items, as
noted. Ms. Hall requested that Tab 9 be
corrected to reflect the fiscal amount of $7,680.00 instead of $7,860.00; that
Tab 30, under Other Business, regarding the appointment to the Elder Council be
pulled until Commr. Stivender is present, as she requested; and that Tab 7 be
pulled regarding the Lease Agreement with the City of
Ms. Hall stated that she would like
to add, under the
Commr. Cadwell requested that, under his business, he would like to ask that Commr. Hanson replace him on the Board of Directors for myregion.org.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to add to the agenda the request to appoint someone to serve on the Board of Directors for myregion.org.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved to add to the agenda the items presented by Ms. Cindy Hall, Interim County Manager, as noted above.
On a motion by Commr. Hanson, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved the Minutes of April 12, 2005, Special Meeting – Board Retreat, as presented.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of April 19, 2005, Regular Meeting, as presented.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Minutes of April 26, 2005, Regular Meeting, as presented.
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Minutes of May 3, 2005, Regular Meeting, as presented.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the Minutes of May 10, 2005, Regular Meeting, as presented.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Minutes of May 17, 2005, Regular Meeting, as presented.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the Clerk of Court’s Consent Agenda, Items 1 through 11, as follows:
Request to approve the following Contractor Bonds:
4777-05 Story Construction (Residential)
5833-05 Darryl A. Vickers d.b.a. Central Florida Electric & Lighting Inc.
6373-05 Taneal Cahill d.b.a. B & C Signs, Inc.
6374-05 Leonard W. Guthrie (Pools contractor)
6376-05 Joseph Shook d.b.a. Joe’s Irrigation, Inc.
6377-05 Roger Coffey d.b.a. Coffey Services Inc.
6378-05 Richard Jenkins d.b.a. Jenkins Electric Contractors Inc.
6380-05 John D. Wriston d.b.a. Frogger Electric
6379-05 Principal’s name has been changed to read: David Doolittle, Sr. d.b.a. Sunshine Pool Builders 2
List of Warrants
Request to approve the list of warrants paid prior to this meeting, pursuant to Chapter 136 of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Monthly Distribution of Revenue Traffic/Criminal
Request to acknowledge receipt of the Monthly Distribution of Revenue Traffic/Criminal Cases for the Month Ending April 30, 2005 Disbursements due to Board - $146,171.63; Same period last year - $191.420.59.
Florida Public Service Commission/Progress Energy Florida, Inc.
Request to acknowledge receipt of Progress Energy Florida, Inc.’s petition for a base rate increase which was filed with the Florida Public Service Commission on April 29, 2005, Docket No. 050078.
Florida Public Service Commission/Lake Utility Services, Inc.
Request to acknowledge receipt of the following: Before the Public Service Commission, In re: Application for amendment of Certificate Nos. 496-W and 465-S to extend water and wastewater service areas in Lake County by Lake Utility Services, Inc., Docket No. 020907-WS, Order No. PSC-04-0523-FOF-WS, Issued May 13, 2005 – Order Amending Certificate Nos. 496-W and 465-S to Include Additional Territory in Lake County, as described in Attachment A.
Request to acknowledge receipt of the following Ordinances from the Town of Lady Lake:
Ordinance 2004-04 – Amending provisions regarding the Technical Review Committee
Ordinance 2004-09 – Amending Ordinance No. 81-8-(83),
which established the Town of
Ordinance 2005-10 – Re-designating zoning classification for certain property owned by Ronnie and Sandra Smallwood
Ordinance 2005-26 – Amending the code of ordinances and providing for codification
Ordinance 2005-28 – Establishing a Lady
Country Club of Mount Dora Community Development District/Operating Budget
Request to acknowledge receipt of the Country Club of Mount Dora
Community Development District’s Proposed Operating Budget for Fiscal Year
2006, in accordance with Chapter 190.008(2)(b) of the Florida Statutes. The District’s public hearing is scheduled as
follows: August 11, 2005, at 8:30 a.m.,
Country Club of Mount Dora,
Florida Public Service Commission/Progress Energy Florida, Inc.
White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate
Request to acknowledge receipt of the following: Before the Florida Public Service Commission, Notice of Commission Hearing and Prehearing to Progress Energy Florida Inc. White Springs Agricultural Chemicals, Inc. d/b/a PCS Phosphate – White Springs and All Other Interested Persons – Docket No. 041393-EI – Petition for Approval of Two Unit Power Sales Agreement with Southern Company Services, Inc. for Purposes of Cost Recovery Through Capacity and Fuel Cost Recovery Clauses, by Progress Energy Florida – Hearing date June 2, 2005, 9:30 a.m. (location as noted); Prehearing conference May 26, 2005, 9:30 a.m. (location as noted).
Southwest Florida Water Management District/Agenda/Minutes
Request to acknowledge receipt of the following: Meeting Notice from the Southwest Florida
Water Management District – Agenda for Governing Board Meeting scheduled for
May 24-25, 2005, at 9:00 a.m., at the Brooksville headquarters,
Ordinances/City of Tavares
Request to acknowledge receipt of Annexation
Ordinances from the City of
Ordinance No. 2004-07 – Amending the boundaries of the
Ordinance No. 2005-9 – Amending the boundaries of the
City of Tavares, by annexing approximately 46.3 acres located on the
northwestern side of State Road 19, approximately one mile southwest of the
intersection of Lane Park Cutoff Road and State Road 19. Passed and ordained the 4th day of
May, 2005, by the City Council of the City of
Ordinance No. 2005-11 – Amending the
boundaries of the City of Tavares, by annexing approximately 12 acres located
approximately 250 feet north of the northeast corner of the intersection of
County Road 561 and County Road 448.
Passed and ordained the 4th day of May, 2005, by the City
Council of the City of
Audit Contract/Ernst & Young
Request for approval of extension of audit contract with Ernst & Young for the fiscal year ended September 30, 2005 and 2006.
September 30, 2005 - $210,500
September 30, 2006 - $220,500
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 23, pulling Tab 7 (does not require Board approval); correcting fiscal amount in Tab 9, as noted; pulling Tab 30 (Other Business), as noted; and approving the consent item on Addendum No. 1, as follows:
Budget Transfer/Transportation Disadvantaged Division
Request from Budget for a budget transfer – Transportation Disadvantaged Fund, Department of Community Services, Transportation Disadvantaged Division. Transfer $43,200.00 from Special Reserve to Machinery & Equipment. The Florida Commission for the Transportation Disadvantaged granted funding for one 25' bus. However, the County must first pay 100% for this bus and then be reimbursed the 90%. The budget has enough funding for 10% of the purchase price of $49,959.00. The additional 90% is needed temporarily until the Florida Commission for the Transportation Disadvantaged reimburses the County. Funds available in Special Reserve.
Budget Transfer/Lake County Detention Center
from Budget for a budget transfer – General Fund, Department of Facilities Development
and Management, Facilities Management Division. Transfer $50,000.00 from
Improvements Other Than Buildings to Machinery & Equipment. Funds needed
for a replacement dishwasher for the
Budget Transfer/Sheriff’s Department/Lake County Jail Food Budget
Request from Budget for a budget transfer – General Fund, Constitutional Officers/Sheriff. Transfer $200,000.00 from Corrections – Personal Services to Corrections – Operating Expenses. A letter from Sheriff Chris Daniels states that the original budget for the Lake County Jail food budget, $755,000.00, was inadequate. He has computed that a minimum of $999,735.00 is needed. Funds of $200,000.00 are available in Corrections – Personal Services due to vacant positions, resignations and retirements. The remaining shortfall can be made up within the operating expense accounts.
Budget Transfer/Leases/Relocation of Citizens Commission for Children
Request from Budget for a budget transfer – General Fund, Department of Community Services, Citizens Commission for Children Division. Transfer $29,160.00 from Medicaid Nursing Home to Information Services ($300.00), Utility Services ($1,210.00), Rentals & Leases ($5,600.00), Office Supplies ($10,550.00), and Machinery & Equipment ($11,500.00). The Board approved the lease of additional space to relocate the Citizens Commission for Children staff. Funds needed for the relocation costs. Funds available in Medicaid Nursing Home.
Budget Transfer/Covanta Settlement Payment
Request from Budget for a budget transfer – Landfill Enterprise Fund, Solid Waste Disposal Operations Division. Transfer $850,000.00 from Special Reserve to Contractual Services. Funds are needed to pay for the Covanta settlement payment, which is due July 1, 2005. Funds available in Special Reserve. After the Covanta settlement, funds were left in reserves to cover this payment.
from Community Services for approval and execution of the authorizing
Resolution 2005-86 by the Lake County Board of
Request from Community Services for approval and execution of the authorizing Resolution 2005-87 by the Lake County Board of County Commissioners to ratify issuance of multifamily housing revenue bonds in an amount not to exceed $7,000,000.00 for the purpose of financing the proposed development of "The Club at Eustis Village Apartments" to be located in Lake County.
Reimbursement/Transporting of Foster Medical Children
Request from Community Services for approval for staff to reimburse Medicaid medical foster care parents for expenses incurred in transporting their foster medical children to their approved medical appointments.
National Book Scholarship Fund Grant Letter of Agreement
Request from Community Services for approval to sign the National Book Scholarship Fund Grant Letter of Agreement. As noted in backup - Fiscal Impact: $2,960.26
Sprint PCS Advantage Agreement
Request from Information Technology for approval and signature on the Sprint PCS Advantage Agreement for Government in the fiscal impact amount of $7,680.00.
Sprint Individual Case Basis Agreement/Spring Service and Equipment Agreement
Upgrade BCC Internet Connection
Request from Information Technology for approval and signature on the Sprint Individual Case Basis Agreement for Metropolitan Area Network (MAN) Service and the Sprint Service and Equipment Agreement upgrading the BCC Internet connection in the fiscal impact amount of $158,558.00.
Award of Contract/Consulting Services for Comprehensive Plan/Renaissance Planning
Group/Herbert Halback, Inc. (HHI)
Request from Procurement Services for approval to award the contract to for Consulting Services for the Lake County Comprehensive Plan to Renaissance Planning Group, and Herbert Halback, Inc. (HHI) in accordance with RSQ Number 04-005, in the fiscal impact amount of $56,560.00.
Grant Funds/Division of Forestry/Wildlife Fire Gear/Paisley-Lake Mack Area
Request from Public Safety for approval to apply for and accept matching grant funds from the Division of Forestry for volunteer fire assistance to purchase 60 sets of Wildland Fire Gear to be used in the Paisley/Lake Mack area in the fiscal impact amount of $6,690.00.
Dues/West Orange South
Request from Public Works for approval to pay $5,000.00 to the West Orange South Lake Transportation Task Force for 2005 Membership Dues.
Bids/Marseilles Boulevard/Drainage Improvement
from Public Works for approval to advertise for bids for the Number 0936C
Final Plat/Sunny Hill Farms
Request from Public Works for approval and authorization to accept the final plat for Sunny Hill Farms and all areas dedicated to the public as shown on the Sunny Hills Farms plat. Sunny Hill Farms consists of five lots – Commission District 3.
of Credit for Maintenance/Lake Louisa
Request from Public Works for approval and authorization to release a Letter of Credit for Maintenance in the amount of $31,600.00 posted for Lake Louisa Highlands Phase II. Lake Louisa Highlands Phase II consists of 39 lots – Commission District 2.
Agreement/Montclair Homeowners Association/Drainage
from Public Works for approval and signature on the Agreement between
from Public Works for approval and authorization to accept the final plat for
Final Plat/Sago Palm @ Hawthorne
Request from Public Works for approval and authorization to accept the final plat for Sago Palm @ Hawthorne and all areas dedicated to the public as shown on the Sago Palm @ Hawthorne plat. Sago Palm @ Hawthorne consists of 21 lots – Commission District 3.
from Public Works for approval and authorization to accept the final plat for
Meadows of Mount Dora and all areas dedicated to the public as shown on the
Meadows of Mount Dora plat. Meadows of
Award Bid/Upper Palatlakaha Stormwater and Retro-Fit Project
Request from Public Works for approval to award Upper Palatlakaha Stormwater and Retro-Fit Project Number 2004-09, Bid Number 04-092, to Dimensional Contracting in the amount of $247,783.00, and encumber and expend funds in the amount of $247,783.00 from the Stormwater Management Fund – Commission District 2.
Request from Public Works for approval and execution of Purchase Agreement with Thomas H. Owens and Beverly J. Owens, for right of way; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the South Dewey Robbins Road Paving Project located in the Howey-in-the-Hills area – Commission District 3. As noted in backup - Fiscal Impact: $879.00.
Resolution/Supplemental Local Agency Program Agreement/CR-48 Sidewalk Project
Request from Public Works for approval, adoption and execution of the Resolution 2005-88 facilitating the Supplemental Local Agency Program (LAP) Agreement for the CR-48 Sidewalk Project; execution of the Supplemental Local Agency Program Agreement with the Florida Department of Transportation for the CR-48 Sidewalk Project (FDOT FPN 412142-1-A8-01); authorization to award the Number 2713 Bridges Road Widening & Resurfacing and CR-48 LAP Project Number 2004-01 to Art Walker Construction in the amount of $927,313.60; and approval to encumber and expend $673,619.35 from the Road Impact Fee Fund (split 50/50 between Benefit Districts 4 and 6), $176,400.00 from the Transportation Trust Fund, and $77,294.25 from the Infrastructure Sales Tax Fund – Commission District 3.
ADDENDUM NO. 1 –
Budget Transfer/Road Projects/Intradepartmental Loan
Request from Budget for a budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Facilities Development Division. Transfer $2,400,000.00 from Special Reserve to Roads. Intradepartmental loan requested from funds allocated for facility-type capital projects to be transferred to road-type projects due to the accelerated timeline for road projects and the availability of cash in this fund. The loan is to be repaid in future years’ budgets from Roads allocation back to Facilities allocation. Funds available in Special Reserve.
Commr. Hill presented awards as Mr. Gregg Welstead, Deputy County Manager/Director of Growth Management, presented information on the following employees:
Presentation of Award to Employee with Five Years of Service-
Stephen J. Lathrop, Assistant Area Maintenance Supervisor, Public Works/Road Operations/Maintenance Area II
Presentation of Award to Employee with Thirty Years of Service-
Clarence Morgan, Equipment Operator III, Public Works/Road Operations/Maintenance Area I
Commr. Hill presented the following with plaques/certificates for their service:
Comprehensive Health Care Committee
Catherine Hoechst for service from 1997-2005 (not present)
Susan McLean for service from 1998-2005
Historical Museum Advisory Committee
Margaret Elmore for service from 2000-2005 (not present)
Howard King for service from 2000-2005
Industrial Development Authority
Thomas Bacsik for service from 1998-2005 (not present)
Comprehensive Health Care Committee
J. Rodger Amon for service from 2001-2005 (not present)
Herman M. Flink, M.D. for service from 2002-2005 (not present)
Cultural Affairs Council
Linda Gail James for service from 2003-2005 (not present)
Elder Affairs Coordinating Council
Dee Miller for service from 2002-2005 (not present)
Impact Fee Committee
James Drake for service from 2001-2005 (not present)
Library Advisory Board
Ed Quirke for service from 2004-2005 (not present)
Local Planning Agency
Dan Matthys for service from 2004-2005
Tourist Development Council
Bob Lovell for service from 2002-2005 (not present)
PRESENTATION: PROCLAMATION - PUBLIX CHARITIES AND PUBLIX EMPLOYEES APPRECIATION DAY IN LAKE COUNTY TO RON LOSCH, PUBLIX REGIONAL DIRECTOR AND TOM MOORE, PUBLIX DISTRICT MANAGER
Hill stated that Commr. Hanson, who serves on the Executive Board and the Board
of Directors for
Hanson asked the
Mr. Greg Nelson stated that he was the Campaign Chair of United Way this past year, and he wanted to thank Publix, and all of the store managers, for what they do in the community. Mr. Nelson stated that they raised a little over $1 million this year, with Publix alone contributing about one-third of those dollars.
Tom Moore, Publix District Manager, stated that, on behalf of Publix
Supermarkets, and the managers and associates of
Hanson stated that their budget for
PRESENTATION: PROCLAMATION TO JIM
STIVENDER, PUBLIC WORKS DIRECTOR, DECLARING MAY 15 THROUGH 21, 2005 AS NATIONAL
PUBLIC WORKS WEEK IN
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for approval and signature on Proclamation 2005-89 to Jim Stivender, Public Works Director, declaring May 15 through 21, 2005 as National Public Works Week in Lake County.
PRESENTATION: PROCLAMATION TO JIM
STIVENDER, PUBLIC WORKS DIRECTOR, DECLARING MAY 15 THROUGH 21, 2005 AS NATIONAL
TRANSPORTATION WEEK IN
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and signature on Proclamation 2005-90 to Jim Stivender, Public Works Director, declaring May 15 through 21, 2005 as National Transportation Week in Lake County.
It was noted that Mr. T. J. Fish, Executive Director,
At this time Commr. Hill read Proclamations 2005-89 and 2005-90.
PRESENTATION: PROCLAMATION TO BILL NICODEM, PUBLIC WORKS FLEET SECTION, AND JIM DICKERSON, PUBLIC SAFETY FLEET SECTION, DECLARING JUNE 11 THROUGH 17, 2005 AS NATIONALAUTOMOTIVE SERVICE PROFESSIONALS WEEK IN LAKE COUNTY
On a motion by Commr. Cadwell, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request for approval and signature on Proclamation 2005-91 to Bill Nicodem, Public Works Fleet Section, and Jim Dickerson, Public Safety Fleet Section, declaring June 11 through 17, 2005 as National Automotive Service Professionals Week in Lake County.
At this time Commr. Hill read Proclamation 2005-91.
RECESS & REASSEMBLY
At 9:28 a.m., Commr. Hill announced that the Board will be taking a 15 minute break.
Ms. Cindy Hall, Interim County Manager, addressed the
issue involving the selection process for firms, to provide programming and
design services for facilities at the
It was noted that the Board members had no comments or changes to the process.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Monty Gatch addressed the Board and stated that the
Board should have the petitions that were submitted regarding some boating
Commr. Hanson stated that she thinks this is an issue that is going to be more and more in the forefront, with bigger equipment and recreational opportunities, and she knows that Mr. Gatch is not isolated because she has received at least one other call on a completely different lake. She explained that, because there really is no ordinance that deals with the size of boats in a lake, law enforcement is very limited but the problem is that the lakes all vary in size and the shorelines are different. The major concern on some of these smaller lakes is that they are allowing the creation of serious degradation and destruction of shorelines.
Commr. Cadwell noted that the Board has banned motorized boats altogether in some lakes, and Mr. Sandy Minkoff, County Attorney, explained that the Board has only banned motorized boats on two lakes, and they have banned a certain type of boat only in the evening hours on one other lake.
Mr. Gatch noted that he did not want to ban all motorized boats. He has lived there all of his life, and the residents on the lake have jet skis, smaller boats, and a bass boat, and they have never had any problems. He noted that Deputy Lucas is here from the Marine Unit, and he has pictures, if the Board wants to see them. Mr. Gatch explained that this large boat is causing the beaching and flooding of other boats on the lake.
Commr. Hanson noted that this is her district, and the
Board probably has a good indication of the situation; it all deals with the
size of boat, and the size of lake. She suggested
that perhaps Mr. Gatch can get with the
Mr. Gatch explained that, in talking to surrounding property owners, he told them that they probably should have addressed this type of problem a long time ago, because now some of residents along the lake are selling their property, and there will be new residents in this area. Over the years, they basically based the size and type of boat on a 20 foot, 130 horsepower bass boat that belongs to a resident who has lived there for about 15 years; everybody else has a john boat, or sea-dos, and there is one pontoon boat under 20 feet. He noted that the large boat in question has a total of 300 horsepower.
Commr. Pool stated that unfortunately, if people try to create a wake, this can be done even with a bass boat, but they might be able to minimize the damage by limiting the size of boat, but he is worried that, even though this might help the situation, it may still be something people are going to try and circumvent if the goal is to create a wake; they may want to consider a minimum wake zone.
Mr. Minkoff stated that, if the Board would allow staff to get with the Sheriff’s Office, and the Water Authority, it may be through a no wake zone or limitation of waves to deal with this as opposed to trying to deal with the type of boats.
Mr. Gatch stressed that he does not want to jeopardize the recreation that has been allowed on this lake for the past 40 years.
Deputy Kevin Lucas, Lake County Sheriff’s Office, Marine Unit, addressed the Board and stated that, in regards to the suggestion of a minimum wake, it will be very difficult for law enforcement to go out there and enforce that because a minimum wake can be viewed differently by somebody else, and hence, an argument will occur over who is right or wrong on the issue.
Commr. Hanson stated that Mr. Gatch needs to meet with
Commr. Pool explained that the Board wants to help with this problem, but they need to try to identify and develop something that will benefit the whole lake.
Mr. Minkoff stated that staff normally meets with the Water Authority staff and Sheriff’s Office on this type of issue, but they also need to have some public meetings around the lake because of the repair and rights issue, and they want to make certain that there is unanimous, or near unanimous, agreement on what steps they take to resolve the problems and then bring the results back to the Board.
Commr. Hanson felt that, at the very least, she thinks that the Board knows what types of boats are meant to be in the ocean.
Deputy Lucas stated that the Board will probably have this type of issue again, because everybody is building on these smaller lakes and ponds, and they get many complaints. He stated that they need to do this right, and then the rule can be adopted for other lakes.
Commr. Pool explained that many years ago, in order to
address such problems, the City of
Mr. Minkoff stated that he will contact Mr. Gatch this week, and they will set up a meeting with the Water Authority, and the Sheriff’s Office.
Vaughn stated that he would like to discuss the master plan project for future
County offices, and how this information came to his attention. He explained that he has been involved in the
development of subdivisions in
Commr. Cadwell wanted to know what basis Mr. Cypherd built his decision on as to why the County should not build a judicial building, and Mr. Cypherd explained that he had no problem with the construction of that building, because of the fact that they are overcrowded.
Commr. Cadwell explained that leased space can only be paid for with property taxes, and the construction can be paid for with sales tax that everybody pays. He further explained that the County is not going to bond anymore than what it can afford with the sales tax, and they have no intention and cannot pledge property taxes to those bonds.
Mr. Cypherd pointed out that the records show that the County has already overspent about $2 million in sales tax money just this year.
Commr. Pool explained that people lease buildings for a profit and, if the County owns the building and has to provide services, as the population increases, the County needs to be pro-active, not reactive. So instead of leasing, the County has to go to the taxpayer for those dollars but, in this bond issue, they would be able to use the sales tax infrastructure money, which would not increase taxes, and they would not build beyond its capacity.
Cadwell pointed out that he was the one who brought up the idea of looking at
leased property. That was site specific in
Cypherd stated that he is pro-growth and he knows that the Board is facing
problems because of the growth in Lake County, but he is saying that they need
to watch their capital expenditures, because it is reflecting a hefty number, and
they do not have the money allocated right now, and somebody is going to have
to pay for it. Mr. Cypherd explained
that he is trying to bring to the forefront the fact that the State is
experiencing overrun in development, with
Commr. Hanson felt that this Board has always been very conservative in the past and it continues to be conservative today when making decisions to construct buildings. She explained that the judicial needs will continue to grow in the County, the requirements for jail space will continue to grow, they are moving forward according to plans for the County, and it is going to be expensive. She questioned Mr. Cypherd’s 38% reduction in County services, because the jail, the Sheriff, and many of these other services deal with not only the unincorporated area, but the incorporated area, and it is going to be difficult to convert lease space into jails or judicial centers that provide the same safety for the community. She felt that they are going to have to do the central energy plant to save on energy costs, and the parking garage, because there is a need. Commr. Hanson noted that the idea of tearing down the jail building did not appeal to the Board members; the building did get a new roof (about $200,000); but jail space is the real concern right now, and the increase in numbers of criminals in the County that comes with growth. She also stressed that, just because the land reduction is there, it does not necessarily mean that people are going to stop building in the unincorporated area on vested lots.
Mr. Cypherd explained that the statistics ten years ago showed that the County was about 70% rural and 30% metro; it is now more than 50% metro and, with this annexation taking place, he feels that it is going to be 30% rural or less.
Commr. Cadwell explained that the Board has only approved two JPAs, and the growth rate in the unincorporated part of the County has been growing faster than the growth rate in the cities. With a higher growth rate in the County than in the incorporated areas, he questioned whether Mr. Cypherd realizes that the Sheriff’s Department will need to grow because, even though the square mileage may change, the population growth will continue to go higher. He noted that right now the population growth is higher in the unincorporated area than in the incorporated area.
Mr. Cypherd agreed that the Sheriff is also responsible for the incorporated area, and he is required to provide backup to the cities, but he does not need to be there every day. He just wanted to make sure that there was a complete understanding of what is being proposed in terms of funding that is available and felt that they were on the same page.
Discussion occurred regarding the notification given to the public of important issues such as this with it being noted that the County does provide information in the newspapers, as well as on their web page.
Commr. Hill stated that the Board is in the early stages of discussion on this item, and the public will have ample opportunity and time to address this and they look forward to their input and being a part of the process. She stated that the Board would like individuals to talk to staff and to them and get the right information and attend the public hearings. The public will definitely be informed as they have in the past.
Jewel Road Project/Closing Roadways and Easements/Public Transportation
Travis Whigham, Forest Hills Association, addressed the Board and stated that
they are still at a deadlock with the
Whigham addressed the problem the residents in this area are having with an
individual who has dug out barricades and blocked the roadway, so people cannot
Mr. Whigham stated that he wants to put forth a continuing effort to get bus transportation in this area of the County, because they have no public transportation. He noted that a lot of people will not be able to get to Umatilla when it finally gets its ball fields in place.
Commr. Cadwell noted that Mr. Whigham has submitted a list from his Association, and he will make sure it gets to the right place for consideration.
Mr. Whigham wanted to know if any Board member would be able to attend the next meeting of their Association, on June 23, 2005, Thursday, but it was noted that the Board members would all be attending the Florida Association of Counties (FAC) conference that week, therefore, Mr. Whigham would need to make arrangements for other guest speakers.
Roy Hunter, Northeast Lake Chamber of Commerce, addressed the Board and
explained that all of the items Mr. Vaughn brought forth were discussed during
the Board Retreat at
PUBLIC HEARING: SUBSTANTIAL AMENDMENT TO FEDERAL FISCAL YEAR 2004-2008CONSOLIDATED PLAN RELATING TO COMMUNITY DEVELOPMENT BLOCK GRANTS
Mr. Fletcher Smith, Director of Community Services, addressed the Board and noted that Ms. Liz Eginton, Community Development Block Grant Director, was attending a conference, but Mr. Strait Hollis, Community Development Specialist, and Mr. Bill Gearing, Community Enhancement Coordinator, were here today. Mr. Smith explained that Housing and Urban Development (HUD) requires the County to conduct a public hearing, if they make a substantial amendment to a program, or project, or line item. Staff is requesting that they be allowed to amend the line item for Lake Kathryn Staff Costs for the employees from the Department of Public Works. Currently they have $2,500 budgeted for 2004-06 and 2006-07 and, since this is a 75% increase in that line item, they need to conduct a public hearing and get approval and, if approved, staff would like permission to send this amendment to the appropriate agency.
Commr. Hill opened the public hearing and called for public comment. There being none, the public hearing portion of the meeting was closed.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request for a Substantial Amendment to Federal Fiscal Year 2004-2008 Consolidated Plan relating to Community Development Block Grants and directed the CDBG Division of the Department of Community Services to transmit the amendment to the U.S. Department of Housing and Urban Development.
Mr. Gregg Welstead, Deputy County Manager/Interim Director of Growth Management, addressed the Board and stated that, over the past few months, as part of the building program, there has been discussion, and a sustainability seminar, about energy efficiency and how they might better preserve the resources of the County, and the nation. One of the results of that meeting was a suggestion made by Commr. Hanson that the Board adopt a sustainability resolution that would guide them in the future with the construction of buildings and that would set an example for local governments and its citizens. Today staff is presenting a resolution for the Board’s consideration that would encourage both the County and other organizations and private citizens to participate in sustainable design and encourage the County to participate in some form in the Leadership in Energy and Environmental Design (LEED) criteria developed by the U.S. Green Buildings Council. The program is designed to encourage energy efficiency, water conservation, and long term sustainability of structures in the environment. Mr. Welstead explained in more detail the criteria that include silver, gold and platinum certifications, with each requiring an additional expenditure of funds, in order to reach those. Staff is proposing that the Board consider whether to adopt the standards without certification, or to go through the process of certification. The certification process long term does cost some money upfront; for buildings less than $5 million it may add 6% to the upfront cost; for buildings that are greater than $5 million it may add 4% to the upfront cost.
Commr. Hanson stated that she thought the County had a Resolution on the books with the U.S. Green Buildings Council to attempt to incorporate the LEED standards, but she strongly believes and would recommend that they move forward with at least the minimum certification for County buildings. She stated that Mr. Welstead was right, if they look at the design early on, they can look at those design standards that would be more energy efficient in the very beginning.
Mr. Welstead explained that there was a presentation given at the sustainability seminar about the Citrus Ridge Library, and staff has not attempted to do anything in terms of the LEED certification, but the work that has been done would probably qualify for silver certification.
Commr. Hanson stated that, at the very least, whether they get the certification or not, they need to make it a requirement that they meet the silver certification; they do not have to become certified but just meet the energy efficient requirements that would be in place.
Commr. Pool stated that the fact that the County owns that building (Citrus Ridge Library) indicates that it is not a short term situation; it is long term and may cost more money initially but it will not only last longer but be more energy efficient, and clearly the payback is there. If there was not a payback, then it would not be a good investment, but the investment is on the end of the process where hundreds of thousands of dollars will be saved on an annual basis for an energy efficient building.
Mr. Welstead explained that there are various other certification processes in LEED. Some of them go to retrofitting of buildings and some to the renovation of buildings, but he is not suggesting at this point that they do any of this but he wanted them to know that this is a good step forward with their energy management program.
was clarified that what is being proposed today is
Commr. Hanson stated that, as the next step, the County should be looking at incentives that it can provide to encourage the builders to incorporate these same standards.
Commr. Cadwell noted that Commr. Hanson has been involved in this a long time, and he questioned whether she was comfortable that they are not committing themselves to something that they cannot do, and Commr. Hanson explained that the Board can always come back if there is an exception, but she feels that the rule should be that they meet it and, if there is an exception, they can come back to the Board, if that is a workable process.
Mr. Welstead pointed out that there is a lot of record keeping associated with obtaining a certification and, by not having a third party look at the records, it would obviously save money. He stated that there have been numerous studies that indicate that the pay off does come rather quickly, in addition to the water saving and electricity saving, because they get increased productivity from the employees by providing a comfortable work place. For the Board’s information, this was considered in the solicitations for bids for County buildings.
Commr. Cadwell stated that he had read where they should try to use local sources to save on things like transportation, and they have tried to do that before in contracts, but they would run into some problems especially with some of their own staff recommendations regarding purchasing.
Mr. Sandy Minkoff, County Attorney, stated that it is legal to use local sources first but then they find that other counties do the same thing and that hurts their contractors, so they do not have a general procurement rule that says local sources in terms of Lake County, but he believes that what Mr. Welstead is referring to here would be Central Florida as a local source.
Ms. Hall noted that staff will need to do some rewording to say that they would attempt to meet the silver certification criteria, which has not been identified in the document, and then it can be brought back to the Board.
Mr. Minkoff referred to Page 2, Line 29 of the Resolution and stated that a line can be added with language that says that they would have a goal of obtaining that silver certification for all major remodeling and new construction.
Commr. Hanson made a motion, which was seconded by Commr. Pool, for the Board to approve to adopt and sign the Resolution 2005-92 setting long-term sustainability as a County goal, with the additional language to Page 2, line 29, that they would have a goal of obtaining the silver certification for all major remodeling and new construction.
Under discussion, Commr. Hill stated that the paragraph above the one noted for changes indicates that the County’s intent is to meet the highest level of high performance, so that might be another paragraph staff may want to consider when they re-write.
Commr. Hill called for a vote on the motion, which was carried unanimously by a 4-0 vote.
Jim Stivender, Director of Public Works, addressed the Board and explained that
Pool made a motion, which was seconded by Commr. Hanson, to approve to accept a
Maintenance Map for
Commr. Hill opened the meeting to public comment with it being noted that no one wished to address the Board.
Commr. Hill called for a vote on the motion, which was carried unanimously by a 4-0 vote.
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the reappointment of Cynthia Nash to the Comprehensive Health Care Committee. Ms. Nash will be serving as Lake-Sumter Medical Society’s member representative for a term ending April 30, 2006.
APPOINTMENTS/IMPACT FEE COMMITTEE
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the appointment of Ray SanFratello as the industrial community representative on the Impact Fee Committee to serve a term ending August 6, 2006.
APPOINTMENTS/COMPREHENSIVE HELATH CARE COMMITTEE
On a motion by Commr. Hanson, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the appointment of Leslie Longacre as South Lake Hospital’s member representative, Kathy Schlachter as South Lake Hosptial’s alternate member representative, and David Batman as the South Lake County Hospital Tax District representative on the Comprehensive Health Care Committee.
ADVERTISE ORDINANCE/INVESTMENT OF SURPLUS FUNDS
Commr. Cadwell wanted to know whether there might be situations where the economy changes and they will want to change their philosophy, and Mr. Minkoff noted that it has only been changed once or twice over the last ten years and that was usually in reaction to a Statute where the statutory selection of investment changes.
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved the request to advertise Ordinance amending Lake County Code Section 2-24, Investment of Surplus Funds.
CITRUS RIDGE LIBRARY
Ms. Cindy Hall, Interim County Manager, stated that staff has been working with the neighboring counties on the Citrus Ridge Library funding program. Ms. Hall stated that she found out yesterday that the Orange County Public Library System is going to be discussing it Thursday evening, and staff would like to ask a Board member to attend that meeting.
Commr. Pool, liaison for the County Library System, noted that he will make every effort to be there, and Ms. Hall noted that she will get the package of information and directions to him. It was also noted that Ms. Wendy Breeden, Library Services Director, will be in attendance.
LAKE-SUMTER METROPOLITAN PLANNING ORGANIZATION
Citizen Advisory Committee
Ms. Cindy Hall, Interim County Manager, stated that she received a letter from T. J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (MPO), and she has two items of discussion to bring to the Board. The MPO Board agreed to expand the Citizen Advisory Committee to allow a voting citizen member for each appointed member of the MPO Board. Currently the MPO Board only had one citizen and that citizen has resigned. She needs to ask the Board if they would prefer to go through the County advertisement process like they typically do with advisory board members or select an individual to be brought forward to the MPO Board for appointment.
After a brief consideration of the option presented, it was the consensus of the Board to go through the County’s advertising process, to be consistent. Ms. Hall noted that staff will proceed with this direction and bring those individuals back to the Board, and Mr. Fish, who was present in the audience, noted that the MPO had no problem with this process.
Ms. Cindy Hall, Interim County Manager, informed the Board that, at the Lake-Sumter Metropolitan Planning Organization (MPO) Board meeting on May 25, 2005, the MPO endorsed a study to be conducted by the Orlando-Orange County Expressway Authority relating to extending the Expressway from 429 Western Beltway to U.S. 27 in Lake County. On June 13, 2005, Fred Schneider, Director of Engineering, and T. J. Fish, Executive Director, MPO, will be making a brief presentation to the Orlando/Orange County Expressway Authority requesting that study. Ms. Hall noted that staff is bringing this to the Board for their information and, should there be a project that results from this study and from recommendations by the MPO, this Board will need to vote on that or make a determination on how to proceed at that time.
COMPREHENSIVE PLAN SURVEY
Ms. Cindy Hall, Interim County Manager, stated that, by popular demand, staff has extended the survey of the Comprehensive Plan through the end of this week, and staff has also sent out information to their staff members to respond to that survey. Staff is hoping to get 1,000 responses.
ADDENDUM NO. 1 –
Jim Stivender, Director of Public Works, explained that
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously by a 4-0 vote, the Board approved the request from Public Works for approval and authorization to award Number 8165 Keene Road Phase I and Number 8161 County Line Road Clay-to-Pave Project Number 2004-07, Bid Number 04-093, to Art Walker Construction, Inc., in the amount of $751,674.15; and encumber and expend funds in the amount of $751,674.15 from the Renewal Sales Tax Capital Projects Fund, Commission District 5.
Mr. Stivender noted that staff has been communicating with the property owners for the last 18 months through the right-of-way and acquisition process, and they will keep them informed. The contractor is hoping to shorten his timeframe for the project.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT #1
NACo ANNUAL CONFERENCE
On a motion by Commr. Pool, seconded by Commr. Hanson and carried unanimously by a 4-0 vote, the Board approved for the Chairman to sign a form authorizing Commissioner Cadwell to cast Lake County's votes at the NACo annual conference.
REPORTS – COMMISSIONER CADWELL – DISTRICT #5
BOARD OF DIRECTORS/MYREGION.COM
On a motion by Commr. Pool, seconded by Commr. Cadwell and carried unanimously by a 4-0 vote, the Board approved for Commr. Hanson to replace Commr. Cadwell on the Board of Directors for myregion.org.
Hill stated that Commr. Stivender has requested that the Board include her, by
telephone conference, in the discussion of the employment contract with Cindy
Hall for the position of
REPORTS – COMMISSIONER POOL – DISTRICT #2
Pool wanted to congratulate John Koronka,
RECESS & REASSEMBLY
At 10:55 a.m., Commr. Hill noted that the Board will recess for ten minutes.
Commr. Pool introduced Mr. Jeff Jones, Interim Director of the East Central Florida Regional Planning Council (ECFRPC) who was present.
Commr. Hill introduced Mr. Sean Thomas, the new reporter with “The Daily Commercial.”
Commr. Hanson stated that she would like to get Commr. Stivender’s comments, because she was not at the Board Retreat when this was first brought forward to make sure that she has no concerns.
Stivender (by telephone) wanted to thank the Chairman and the Commissioners for
affording her the opportunity to participate by phone. She stated that she did have a couple of
comments. Commr. Stivender felt that the
salary of $120,000 per year needs to be higher, with the reason being that
several of the department director’s salaries are already close to this
starting position. She did talk to Ms.
Hall about this item, and she explained to her that she felt it would be more
fair and equitable to her, since she is having to move to
Hanson noted that it does allow for an increase in October, and it would be
interesting to evaluate where other counties are in terms of size and salaries,
and Commr. Cadwell noted that, in looking at
Commr. Stivender stated that she did look at those and wanted to start Ms. Hall at higher salary but not at the level of previous County Manager but yet make it fair in conjunction with who she will be supervising.
Mr. Minkoff stated that he and Ms. Hall talked and, as part of his duties as President of the Florida Association of County Attorneys this year, a statewide survey of County Attorney Offices has been done and, during the budget meetings, he thought he would present that to the Board, and perhaps Ms. Hall could also have a County Manager survey done at the same time.
Commr. Hanson stated that, at a very minimum, she would like to recommend that they change the initial salary to $125,000, with the Board reevaluating the salary range with next year’s budget.
Commr. Stivender seconded the motion.
discussion, Mr. Minkoff explained that the Board has always evaluated the
Mr. Minkoff referred to the proposed contract, Section 2: Compensation, noting that staff will change the $120,000.00 to $125,000.00 and delete the rest of the language in that paragraph beginning with the word “provided”.
Commr. Cadwell stated that he did not in any way want to give the appearance that the Board was going to give Ms. Hall the job and then do an evaluation in six months; her review will be in October, her new anniversary date.
Mr. Minkoff explained that the motion is to change the starting salary to $125,000; to delete the automatic increase in October but to leave it with a review in October; and to discuss the salary ranges sometime during the budget hearing, in July or August.
Hill noted that they did look at other
Commr. Hill called for a vote on the motion, which was carried unanimously by a 5-0 vote.
Ms. Hall wanted to extend her sincere appreciation to the Board for this and to say that she is extremely excited about this opportunity, and she is looking forward to working with each of the Board members, and with County staff. She stated that it is a wonderful group of people, and she is very delighted and pledges full support, integrity, and enthusiasm for this job.
There being no further business to be brought to the attention of the Board, the meeting adjourned at 11:25 a.m.
JENNIFER HILL, CHAIRMAN
JAMES C. WATKINS, CLERK