A REGULAR MEETING OF THE BOARD OF
JUNE 7, 2005
The
Lake County Board of
INVOCATION AND PLEDGE OF ALLEGIANCE
Commr. Cadwell gave the Invocation
and led the Pledge of Allegiance.
ELECTED OFFICIALS
Commr. Hill recognized former Lake
County Sheriff, George E. Knupp, and Ed Havill, Lake County Property Appraiser,
who were present in the audience.
COMMISSIONERS
It was noted that Commr. Stivender
was not present for today’s meeting.
AGENDA UPDATE
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.
MINUTE APPROVAL
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:
Contractor
Bonds
Request
to approve the following Contractor Bonds:
New
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
Rider
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.
Ordinances/Town of
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
City of
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.
Fiscal/Budgetary Impact:
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
Request
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.
Request
from Community Services for approval and execution of the authorizing
Resolution 2005-86 by the Lake County Board of
Resolution/Bonds/The
Club at
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.
Membership
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
Request
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.
Letter
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
Request
from Public Works for approval and signature on the Agreement between
Final
Plat/Johns
Request
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.
Final
Plat/Meadows of
Request
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
Dimensional
Contracting
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.
Purchase
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.
PERSONAL APPEARANCES
EMPLOYEE
AWARDS
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
BOARD/COMMITTEE PRESENTATIONS
Commr. Hill presented the following
with plaques/certificates for their service:
PLAQUES
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)
CERTIFICATES
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
Commr.
Hill stated that Commr. Hanson, who serves on the Executive Board and the Board
of Directors for
Commr.
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.
Mr.
Tom Moore, Publix District Manager, stated that, on behalf of Publix
Supermarkets, and the managers and associates of
Commr.
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.
REPORTS –
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
Complaints/Clear
Mr. Monty Gatch addressed the Board and stated that the
Board should have the petitions that were submitted regarding some boating
problems on
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
the
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.
New
Buildings for
Mr.
Steven Vaughn,
Mr.
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
Mr.
John Cypherd,
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.
Commr.
Cadwell pointed out that he was the one who brought up the idea of looking at
leased property. That was site specific in
Mr.
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
Mr.
Travis Whigham, Forest Hills Association, addressed the Board and stated that
they are still at a deadlock with the
Mr.
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
travel
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.
Mr.
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.
RESOLUTION/COUNTY
GOALS/SUSTAINABILITY
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.
It
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.
MAINTENANCE
Mr.
Jim Stivender, Director of Public Works, addressed the Board and explained that
Commr.
Pool made a motion, which was seconded by Commr. Hanson, to approve to accept a
Maintenance Map for
Mr.
Sandy Minkoff,
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.
OTHER
BUSINESS
APPOINTMENTS/ELDER
COUNCIL
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.
REPORTS
–
ADVERTISE
ORDINANCE/INVESTMENT OF SURPLUS FUNDS
Mr.
Sandy Minkoff,
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.
REPORTS
–
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.
Mr.
Sandy Minkoff,
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.
Study/Orlando-Orange
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 –
KEENE
ROAD/BIDS
Mr.
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.
CONTRACTS/COUNTY
MANAGER
Commr.
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
CONGRATULATIONS/SOUTH
Commr.
Pool wanted to congratulate John Koronka,
RECESS
& REASSEMBLY
At
10:55 a.m., Commr. Hill noted that the Board will recess for ten minutes.
INTRODUCTIONS
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.”
REPORTS
–
CONTRACTS/COUNTY
MANAGER
Mr.
Sandy Minkoff,
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.
Commr.
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
Commr.
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.
Under
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.
Commr.
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.
ADJOURNMENT
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
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK