REGULAR MEETING OF THE BOARD OF
SEPTEMBER 19, 2006
The Lake County Board of
INVOCATION AND PLEDGE
Dr. Joe Roberts, with the Orange Avenue Church of Christ, gave the Invocation and led the Pledge of Allegiance.
Ms. Cindy Hall, County Manager, informed the Board that there was an Addendum No. 1 to the Agenda containing two consent items that needed to get on the Consent Agenda before the end of the fiscal year, one regarding a Change Order, under Procurement, having to do with architectural services at the Agricultural Center; there would be no change to the Budget, just a change in the service. Ms. Hall also wanted to add an approval and execution of a contract for roadway shoulder rehabilitation before the fiscal year runs out; under Public Safety, the agreement for the network services of the City of Leesburg for the connectivity to Florida Cable Network; and a presentation by Gary Holstein, in conjunction with Robert Johnson’s presentation regarding the Business Resource Center at Lake Sumter Community College, to directly follow Mr. Johnson’s presentation on Economic Development.
Minkoff stated that there was a new County Attorney Consent Agenda in the
packet, but that he would like to pull Tab 38 from the Consent Agenda regarding
the conceptual approval
of the proposed land exchange between the City of
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Court’s Consent Agenda, Tab 1, Items 1 through 9, as follows:
List of Checks or Warrants
Request to acknowledge receipt of list of checks or warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Annexation Ordinance from City of
to acknowledge receipt of Annexation Ordinance No. 2006-36, from the City of
Boundary Ordinance from City of
Request to acknowledge receipt of
copy of Ordinance No. 2006-16, from the City of Minneola, amending the boundaries of the City of Minneola, in
accordance with the procedure set forth in Section 171.044, Florida Statutes,
to include within the City limits approximately 206.82+/- acres of property
generally located east of U.S. Highway 27 and south of Southern Breeze Road, in
Lake County, Florida. Rezoning said
Request to acknowledge receipt of
Lake County Water Authority’s Draft Tentative Budget for 2006/2007. Budget Hearings are scheduled as follows:
Tentative Budget Hearing – 5:05 p.m., September 13, 2006, BCC Chambers,
Notice of Intent of Boundary
Modification by City of
Request to acknowledge receipt of
Notice from City of
Cascades at Groveland Community Development District Resolution
Request to acknowledge receipt of
Cascades at Groveland Community Development District Resolution 2006-38 (passed
and adopted August 16, 2006) identifying the FY 2006-2007 meeting schedule of
the Board of Supervisors of the District, submitted pursuant to Chapter 190,
Florida Statutes. All meetings of the Board shall be open to the public.
Meeting dates are: October 18, 2006, November 15, 2006, December 20, 2006,
January 17, 2007, February 21, 2007, March 21, 2007, April 18, 2007, May 16,
2007, June 20, 2007, July 18, 2007, August 15, 2007, September 16, 2007. All meetings will convene at 2 p.m. at Marion
Baysinger Memorial Library,
Request to acknowledge receipt of
Original recorded Mortgage entered into between Karl Shirey and
Annexation Ordinance from City of
Request to acknowledge receipt of City of Fruitland Park’s annexation Ordinances 2006-007, 2006-008 and 2006-013. Passed and ordained August 24, 2006, by the City Commission of the City of Fruitland Park, Florida
Project Development and Environment Study
Request to acknowledge receipt of
Notification from the Florida Department of Transportation (FDOT) that FDOT has
initiated a Project Development and Environment (PD&E) study for U.S. 27 in
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 34, and Addendum 1, as follows:
Request for a Budget transfer – General Fund, Department of Public Works, Parks and Trails Division. Transfer $40,122.00 from Professional Services to Contractual Services. Funds needed for the Blueways Navigation Signage Project contract for the installation of signs on the Blueways. Funds available in Professional Services
Request for a budget transfer –
Library Impact Fee Trust Fund, Department of Community Services, Library
Services Division. Transfer $150,000.00
from Special Reserve to Aids to Governmental Agencies. Funds are needed for the approved Leesburg Public
Library project. The City of
Request for a budget transfer -
Section 8 (County) Fund, Department of Community Services, Housing and
Community Development Division. Transfer
$25,000.00 from Special Reserve to
Request for approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals:
to USDA/Rural Housing Services on behalf of Ms. Henrietta Crosby. Waiver approved by the
to USDA/Rural Housing Services on behalf of Ms. Kinisha Ford. Waiver approved by the
to National City Mortgage on behalf of Mr. Leonard Barbe. Waiver approved by the
to National City Mortgage on behalf of Mr. & Mrs. Willie Bennett. Waiver approved by the
Request for approval of authorization for the Chairman to sign a letter opposing the Advanced Telecommunications and Opportunity Reform – Consumers’ Choice and Broadband Deployment Act of 2006 (H.R. 5252).
Request for approval of the Agreement with Lake County Funeral Directors Association for burial of indigent or unclaimed persons.
for approval of the
Human Service Grant Review Committee recommendation and provide funding as
summarized for fiscal year October 1, 2006 through September 30, 2007. Authorize signature by the Chairman to sign
subsequent contracts and other related documents contingent on
for approval to
Request for approval and
authorization for the Chairman to sign the FY 2005-06 Community Development
Block Grant (CDBG) Partnership Agreement between the Forest Hills-Lake Mack
Association and the County. The
Agreement allocates CDBG funds, in an amount not to exceed $1,500.00, for
improvements to the
Request for approval and signature of the FY 2006/2007 State Aid to Libraries Grant Application and Agreement.
Request for approval and execution of
the Authorizing Resolution No. 2006-178 by the Lake County Board of
Request for approval of the
Transportation Coordination Agreement between the Lake County Board of
Request for approval of the Standard
Coordinator Contract between the Lake County Board of
Request for approval of the agreement
extension between Lake County Board of
Request for approval of the Standard
Coordinator Contract between the Lake County Board of
Request for approval and execution of a new Authorizing Resolution No. 2006-179 ratifying the issuance of $1,500,000.00 of Multi-family Housing Revenue Bonds for “The Cove at Lady Lake Apartments”.
Request for approval for the Transportation Disadvantaged to proceed with the “Name the Bus” contest for the Fixed Route Service.
Request for approval of the Lake County Workers’ Compensation and Property & Liability Policy and Property & Liability Claims Settlement Policy.
Request for approval of an offer to
settle Ruben Leal’s claim for property damage, subject to the
Request for approval of of re-activation contract and Lake County Commission Chair to sign said contract between Careerbuilder and Lake County Employee Services for service dates from 10/1/06 through 9/30/07.
Request for approval of an offer to
settle Tracy Rebando’s claim for property damage, subject to the
Request for approval of the
Request for approval and execution of a Release of Fine, Property Owner: Michael Witt, Patricia Fuller, & Estate of Mary Williams, Case #CEB308-00.
Request for approval to (1) declare the items on the attached lists as surplus to county needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign the vehicle titles. The items on the attached lists have been declared surplus by their respective agencies due to age, wear, and obsolescence.
Request for approval and execution of the First Amendment to Inwood Consulting Engineers, Inc. to include reimbursable expenses for their continuing contract.
Request for approval and execution of contracts with GMB Engineers & Planners, Inc., HDR Engineering, Inc., HNTB Corporation and Tindale-Oliver & Associates, Inc. for continuing on-call transportation engineering services.
Request for approval and execution of a contract with Comprise Technologies, Inc. for services for the Lake County Library Services Public PC and Print Management Services in the amount of $47,106.00.
Request for approval and execution of a contract with Electric Services, Inc. to provide installation of emergency generator at the Clerk of Courts Records Center and approve a Budget Transfer in the amount of $270,406.00.
Request for approval and execution of a contract with Vanasse Hangen Brustlin, Inc. in the total amount of $704,669.60.
Request for approval to advertise ordinance to change the name of the Parks & Recreation Advisory Board to the Parks, Recreation and Trails Advisory Board.
Request for approval to accept the final plat for Williams Place, which consists of 16 lots and is located in Section 1, Township 23 South, Range 25 East, and all areas dedicated to the public as shown on the Williams Place plat, accept a maintenance bond in the amount of $37,085.82, execute a Developer’s Agreement for Maintenance of Improvements between Lake County and Ladd Development, Inc., and execute Resolution 2006-180 accepting the following road into the County Road Maintenance System: Dovetail Lane (Co. Road No. 0938G) – Commission District 2.
Request for approval of the Resolution 2006-181 recognizing observance of “Put The Brakes on Fatalities Day” on October 10, 2006.
Request for approval of the amendment
to the Agreement between
Request for approval to release a letter of credit for maintenance in the amount of $11,066.00 posted for Eagles Point Phase 1, which consists of 27 lots and is located in Section 6, Township 19 South, Range 26 East – Commission District 5.
Request for approval and signature of Resolution No. 2006-182 to advertise for Public Hearing, Vacation Petition No. 1095, to vacate right of way, in the Plat of Monte Vista Park Farms, located in Section 6, Township 23 S, Range 26 E, in the Clermont area – Commission District 2.
Addendum 1-1A - Procurement
Request for approval and execution of Change Order in the amount of $9,347.02 for additional architectural services and engineering services under the subject contract.
Addendum 1-1B – Procurement
Request for approval and execution of a contract with Merrell’s Grade-All, Inc. for the construction of roadway shoulder rehabilitations for Hartwood Marsh Road, CR 450, CR 42 (SR 19-East), and CR 42 (Intersection of CR 450) in the amount of $404,000.00.
Addendum 1-1A – Public Safety
for approval to enter into an Agreement with network services with the City of
On a motion by Commr. Stivender, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved the following requests:
Request for approval for authorization to encumber funds and execute a rental agreement with Lake Warehouse & Storage Tavares for rental of warehouse units for Public Safety.
Request for approval for authorization to encumber funds and execute a rental agreement with Lake Warehouse & Storage Tavares for rental of warehouse unit for Library Services.
Request for approval for authorization to encumber funds and execute a renewal agreement with Frederick C. Belton for rental of office space for Guardian Ad Litem.
Request for approval of renewal of BOE agreement with Bruce Duncan.
for approval of Interlocal agreement with the City of
VOLUNTEER AWARD FROM NATIONAL WILDLIFE FEDERATION
Commr. Hanson presented Resolution
No. 2006-173 to Bruce and Cathy Brown, congratulating them on their receipt of
the National Wildlife Federation’s 2006 “Volunteer of the Year” award and
recognizing and applauding their many contributions to
Mr. Bruce Brown thanked the Board,
stating that they appreciate this recognition and humbly accept it on behalf of
all the volunteers and the
Ms. Cathy Brown addressed the Board,
stating that they are very excited, particularly with the
Commr. Hanson stated that Commr.
Cadwell brought forth an idea about a year ago to expand the concept of the
backyard neighborhoods being wildlife habitats, and that there are things that
they can do at that level to become certified as a County. She also stated that she would like staff to
begin working closely with the Browns and to make that happen for
Ms. Dottie Keedy, Director of
Economic Growth and Redevelopment, introduced Mr. Robert Johnson, from the
Chamber Alliance of Lake County, to address the Board regarding a proposal to
develop a vision and a strategic plan for economic development for
Mr. Robert Johnson, presented a power
point presentation, stating that the Chamber Alliance was a non-profit
organization that was formed last year to have the Chambers of Commerce in
Commr. Hanson commented that the
Board has talked about a follow up to the 1993 study, and that she recognizes
Mr. Shannon Elswick, Chairman of the
Industrial Development Authority (IDA), addressed the Board to state that the
IDA is very much in support of the concept of moving forward with some
strategic visioning and working toward a strategic plan, and that the IDA was
one of the partners mentioned in the power point presentation. He stated that he is working with the
Commr. Cadwell commented that the Board empowered the IDA to do some things that really were not their job, but the IDA did a great job with them.
Commr. Pool commented that the IDA is an integral and important group, and it will be the Board’s decision how much involved and engaged the IDA is, but that they should be a partner as the County goes forward with economic development and finding new ways to create job opportunities in Lake County.
Mr. Elswick stated that they may bring to the next Board meeting a list of requests that the Board may listen to and appreciate, but not be able to respond to until later. He commented that the main reason for him to be here was to represent that the IDA has been a part of this process, does support the visioning that the Chamber Alliance is bringing forward, and that he has had several discussions with Ms. Keedy and the County Manager, and he feels that they are all trying to come together.
Commr. Pool asked Mr. Johnson whether his group is giving advice to the Land Planning Agency (LPA) on what they think the future should be.
Mr. Johnson stated that they made a presentation in one of the LPA’s earlier workshops and found that they were hungry for input and that there was a gap. He stated that in the future, they will present their findings to the LPA, and that the LPA is receptive to their input.
Commr. Cadwell commented that the reason the study worked in 1993 was because it was an inclusive process, and they made sure they had the right framework. He opined that the timing is good for this type of study, but that it will take a little while to put it together.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board requested that the staff come back with a framework and process for community-wide visioning in regards to industrial development.
PRESENTATION – YESTERDAY, TODAY, AND
TOMORROW – THE
Mr. Gary Holstein, from
PRESENTATION - IMPACT FEE STUDY
Ms. Wendy Wickwire, Lake County Impact Fee Coordinator, introduced Mr. Bob Wallace, from Tindale-Oliver and Associates, to give the Board a power-point presentation on his update studies.
Mr. Wallace stated that an impact fee
is nothing more than the total cost of new growth less any revenue that new
growth generates, or the demand for public infrastructure times the cost of the
infrastructure less any credit. He
commented that the Board retained Tindale-Oliver to update those fees in regard
to transportation, fire rescues, parks and recreation, and library
services. His firm collected local data
on the trip lengths, trip rates, and percent of new trips on the County’s
roads. He stated that the Work Plan also
includes making sure that they adjust the requirements for impact fee
legislation passed last year. As part of
the study, they will look at data such as recent land purchases, recent
construction bids, recent equipment purchases, and recently built
facilities. He stated that when they did
the study for
Commr. Cadwell asked Mr. Wallace if he is going to look at the affordable housing issue in the study and offer some alternatives.
Mr. Wallace responded that they are
going to suggest some alternatives and probably talk with the
Mr. Sandy Minkoff, the
Commr. Cadwell stated that he has always voted for impact fees and always thought they were good, but without the affordable housing element in it, he wouldn’t be able to support it with the cost of housing today. He commented that they need to make sure they have a good program that will give those people some relief.
Commr. Stivender commented that the working class people would not be able to afford this, or to buy a house right now, so if they raise the impact fees to the range proposed, there is no way they will afford it.
Mr. Wallace commented that it is a balance and a matter of who pays and how we fund the program to make sense.
Commr. Cadwell stated that during the October 3, 2006 meeting, they will be raising the assistance program through State Housing Initiatives Partnership (SHIP) a substantial amount to try to help people that qualify for affordable housing, which will be brought forward at the Affordable Housing Committee, and that there will be some assistance in the new program that will include medium-income people such as firefighters and teachers.
Commr. Hanson commented that the State Legislature needs to lift the cap that they put on the County’s affordable housing dollars as the Board looks to provide more assistance and relief to the moderate income groups.
STATE ROAD 40 PD&E STUDY BY INWOOD CONSULTING ENGINEERS
Mr. Alex Hall, Project Manager with
Inwood Consulting Engineers, addressed the Board with a power-point
presentation on the State Road 40 PD&E Study from one mile west of State
Road 326 (Silver Springs) to State Road 15 (US 17). He commented that this is a 40-mile long
Commr. Cadwell commented that his concerns early on were intersection improvements in the Astor area and that they will have to do some innovative things there, and asked whether it will be in their plans to push Department of Transportation (DOT) for more signal lights at one or two of the intersections in Astor. Mr. Hall stated that he will take a look at that.
Commr. Pool opined that the environmental groups understand that Mr. Hall has tried to engineer and design something that is going to be as good as it could get with the wildlife corridors, and that it is good that they are leaving the forest alone.
Mr. Jim Stivender, Public Works Director, commented that he assumes that the Board would like Inwood Consulting Engineers to continue contact with them, and stated that staff would like to get a support when they are done with the PD&E Study, so that they can forward an approval to the DOT on this segment of the roadway.
REFUND OF SCHOOL IMPACT FEES TO BANYAN HOMES, INC.
Ms. Regina Frazier, Budget Director,
addressed the Board, and stated that this was a request for a refund on five
lots. The impact fees were prepaid and
then collected again through the City of
Commr. Hanson commented that this
looked pretty cut and dry, and wondered why the
Mr. Minkoff commented that they missed their 180-day deadline, and if they had applied within six months of paying it, the County Manager could have refunded the fees, but they waited a lot longer.
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board
approved the request for the refund of the impact fees to Banyan Homes, Inc.
less the 3 percent collection allowance to the City of
REVISAL OF PROCUREMENT POLICY
Mr. Barnett Schwartzman, Procurement Services, addressed the Board, and stated that there were three main objectives behind this agenda item: to increase visibility in the transparency in the County’s term and supply contracts, simplify portions of the current procedures regarding purchasing authority, and to provide more detailed and definitive guidance to all parties involved in the procurement process. They are recommending, in order to increase the visibility and awareness of the dollar values pertaining to term and supply contracts over $50,000.00 in annual value, providing a quarterly report to the Board which gives the estimated and actual expenditures during the course of the year. This will give the Board information which has been mostly absent from their consolidated review before. To clarify the purchasing process, they want to apply a consistent $50,000.00 award threshold and require BCC approval for one-time purchases and modifications to those contracts. Emergency and restricted actions would retain the current $25,000.00 Board approval level. The physical things they are proposing would be to include the revised approval structure within a procurement procedure manual which incorporates current and revised procedures that address the procurement function as a whole. He stated that the backup documents to the agenda item provide a summary of procedural revisions that are included in the manual, and that the manual is complete and ready to go upon Board approval.
Commr. Hanson commented that the Board members have talked to Mr. Schwartzman regarding this item, and that he has done an outstanding job in clarifying and refining the policy that they have, and she asked whether the procurement policy regarding encouragement to purchase recycled products had been included.
Mr. Schwartzman responded that the manual covers procedures, and within the manual itself, there is an emphasis on recycling, and that he is trying to take a whole lifecycle approach to acquisitions.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the revised Procurement Policy LCC-18.
WOMEN’S HALL OF FAME INDUCTEES
Commr. Hanson thanked all those that worked on the selection process, and that it was very intense to have 38 women to select from for the Women’s Hall of Fame. She also commented that they will be recognized at the State of the County event.
On a motion by Commr. Stivender, seconded by Commr. Cadwell, and carried by a vote of 5-0, the Board approved the ratification of Ms. Norma Hendericks and Ms. Sanna Henderson as the 2006 Women’s Hall of Fame inductees as selected by the Women’s Hall of Fame Committee.
APPOINTMENT OF MEMBERS TO
Commr. Hanson asked that the appointments of four individuals to the upcoming vacant positions on the Mt. Plymouth-Sorrento Planning Advisory Committee be postponed, because there will a charette in that area on September 30, 2006, and she would like to wait until after that process.
Commr. Cadwell inquired whether her intention is to postpone all those appointments until a new Board is in place.
Commr. Hanson replied that she does not think so, but just the members for this committee until after the charette.
APPOINTMENT OF MEMBERS TO PUBLIC LANDS ACQUISITION ADVISORY COUNCIL
Commr. Hanson commented that she thought the Board should go ahead to approve the members that wish to be reappointed.
On a motion by Commr. Pool, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the reappointments of Mr. Gregory Gensheimer, Ms. Marie Mulholland, and Ms. Sanna Henderson to the Public Lands Acquisition Advisory Council.
Commr. Hanson recommended Mr. Jim Miller
for that committee, but the
Commr. Hanson stated that she was not aware that there was already a realtor on it.
Commr. Cadwell commented that these appointees are to serve for two years, and that the appointments should wait until the new Board is able to appoint them.
On a motion by Commr. Pool, seconded by Commr. Stivender, and carried by a vote of 3-2, the Board approved the appointments of Jim Miller and Kenneth LaRoe to the vacant positions on the Public Lands Acquisition Advisory Council.
Commr. Cadwell and Commr. Hill voted “no.”
APPOINTMENT OF MEMBERS TO ENVIRONMENTAL PROTECTION AGENCY
Commr. Hanson commented that the appointment of members to the recently amended Environmental Protection Advisory would be something they would want to postpone, because they do not have all the members from each of the districts. She stated that in the meantime, they need to do all they can to get applicants from District 1 and 2, and that the Board might think about opening that up for “At Large.”
The Board decided to postpone the appointments until the Board meeting on October 3, 2006.
GRANT AWARDS FROM
Ms. Cindy Hall,
Commr. Hanson clarified that the
Ricketson property is in the Wekiva area, west of
Mr. Minkoff commented that on the Wekiva piece, the County submitted an offer, the property owner is considering a counter offer; and the Board is waiting to get that back.
PROPOSED LAND EXCHANGE
On a motion by Commr. Stivender,
seconded by Commr. Pool and carried unanimously, by vote of 5-0, the Board
REPORTS - COMMISSIONER HILL – DISTRICT 1
TENTATIVE SETTLEMENT AGREEMENT REACHED
Commr. Hill stated that they are
going to be bringing back a tentative settlement agreement to the Board, but
she did not discuss the details of that agreement at this Board meeting.
However, she wanted to recognize the team that accompanied her during a 12-hour
mediation session: Mr. Sandy Minkoff,
Commr. Stivender thanked Commr. Hill for taking her place at the mediation.
Commr. Pool complimented Commr. Hill for a good job.
REPORTS – COMMISSIONER POOL – DISTRICT 2
RECIPIENT OF WILLIAM SCHWARTZ AWARD
Commr. Pool stated that he had attended, on behalf of the County, the William Schwartz Award Banquet at the Resort Orlando. He informed the Board that a local company, Senninger Irrigation, received the award, and he is proud of their innovation, design, and teamwork, and that they have created many things to benefit our area. He stated that they are located 2 ½ to 3 miles east on State Road 50, on the south side, in Clermont, and had brought over their entire operation from Orange County, including the employees, and that they are happy that they have moved to Lake County.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
FUNDING FOR SAFE CLIMATE COALITION
Commr. Stivender explained to the
Board that this was postponed from a previous meeting, because of her absence
at said meeting. She stated that this
was a request for funding from the Safe Climate Coalition of Lake County, Inc.
for infrastructure sustainability in order to continue to operate on a timely
basis in a fiscally sound manner. She
went on to explain that she, as well as the Sheriff, the Safe Climate
Coalition, and the Shared Services Network have been meeting for quite some
time to try to figure out how to keep this very worthwhile program going. It was originally under the School Board, but
that was changed. The Board approved it at
the last meeting of the Shared Services Network, which is made up of very
prominent people throughout
Commr. Hill inquired about the school’s Safe School Coalition or some kind of revenue that came to them under “Safety” and whether the State has done away with that.
Commr. Stivender responded that they are not receiving that anymore.
Commr. Hanson commented that we have underage children and teens that are being killed in auto accidents due to alcohol consumption.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously, by a vote of 5-0, the Board approved the funding for the Safe Climate Coalition of Lake County, Inc. in the amount of $40,000.00.
REPORTS – COMMISSIONER HANSON – CHAIRMAN AND DISTRICT 4
Commr. Hanson stated that they had
the evaluations of the
Commr. Cadwell commented that the
numbers show that the Board as a whole is very satisfied with both the
Commr. Hanson stated that that showed in the reports. She commented that, at this point, they will bring this issue back for salary recommendations at the next meeting. She opined that she has been on the Board a long time, and that this was the best team that they have had, and this has raised the morale of the employees as well as improving problem solving ability.
COMMISSIONER HANSON’S RESIGNATION FROM WEKIVA COMMITTEES
Commr. Hanson informed the Board that currently she serves on the Wekiva River Basin Commission, which is a Governor-appointed position, but that she has resigned from that Commission, because of a Sunshine Law issue. Also, she stated that she has also resigned from the Wekiva River System Advisory Management Committee, which is a federal appointment, and that the Board will need to think about both of those for replacements. She commented that in the meantime, she does not think that there are any needs coming up immediately. She also stated that they will continue to work to get the two amendments to the Comprehensive Plan approved in regards to Concurrency and submission of the Wekiva recommendations for the Local Planning Agency (LPA.).
Commr. Cadwell commented that he is sorry she had to resign from those committees, but thanked her for her work on those.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Travis Whigham addressed the
Board to thank them on behalf of the Forest Hills Association for the grant
money that they will be using to fix up the old fire station and do some repair
work. He also discussed a problem that
currently exists in the election process, and opined that it should be changed
so that the voting process would be available for all citizens, despite party
affiliation. He commented that tens of
Commr. Hanson thanked him for his comments, and opined that their replacements will probably do the same things that they had done, and that he should feel free to call them and work with them.
Mr. Roy Hunter addressed the Board to
reiterate what Mr. Whigham said about the election process, and that he
believes all the Commissioners on the Board have been friends to all the citizens
in his area. He also informed the Board
that the East Lake County Chamber meeting will be on September 28, 2006, at
6:30 p.m. at
Mr. Emilio Bruna, Environmental
Services, introduced Ms. Sharon Tatum who had just joined their organization as
a Public Education Specialist. She is
going to let everyone know about the issues and the great things regarding the
Mr. Richard Bell, Clermont, addressed the Board and stated that he is here in behalf of Community Care Health Services. Mr. Bell stated that, for the past three years, he has been on the Board for this organization. Their President, Nick Jones, was unable to be here today, but he wanted to share a letter from him, which he read and submitted to the Board. After reading the letter, Mr. Bell opined that in his past three years, this small, nonprofit group of workers are one of the most dedicated and compassionate group of people that he has known and that they do a tremendous job. He urged the Board to give good consideration as they have in the past to their request for Careship for $10,000.00.
Commr. Pool commented that there is
no doubt that this organization has provided a much-needed service in
Commr. Stivender commented that Mr. Fletcher Smith, Community Services Director, could explain the process that they go through on the Grants Committee, and this one did not meet the criteria.
Mr. Smith explained that they had ten
applications for the Careship grant, each application could ask for $10,000.00,
and they only had $80,000.00 to split.
When the Review Committee, which is made up of representatives from
Children’s Services, Elder Affairs, Parks and Recreation, the Health Care
Committee, and Transportation Disadvantaged, looked at the applications, they
looked at the cost of per service unit, which is the cost per person of
services. He commented that in previous years, they have funded this
program. He opined that it is a great
Commr. Hanson commented that it was obvious that this type of need would be much greater per capita than other applicants would be, so perhaps there should be a reevaluation of the process.
Commr. Pool commented that this group has struggled in many areas, such as permitting and other ongoing issues, and that they are having a hard time getting ahead.
Mr. Smith clarified that this program provided nursing and supervised day care for adults.
Commr. Stivender asked if
Ms. Carol Badardi, Staff Administrator, Community Care Health Services, addressed the Board to state that this year they had to go on a hiatus with the South Lake County Foundation, because they have stipulations that a certain amount of dollars could be given for a certain amount of years, and then there had to be a hold, and it fell into the same time period as this. She commented that this directly impacts families that not only have been attending, but many new families who inquire about a funding source, especially now that they have the new center open. She stated that they do fundraisers to help that situation, but these circumstances will still impact families that will now not be able to afford the care. She commented that some people utilize the facility so family members can keep working, and without it, family members are scrambling as to what to do, such as whether to leave a family member unsupervised if they continue to work, if they cannot afford even their reasonable cost.
Commissioner Hanson inquired about whether the list of those awarded the funds come back to the Board.
Commr. Stivender responded that the list comes back to the Board, and inquired whether that has been done yet in this case.
Mr. Smith responded that it was on the Consent Agenda today.
Commr. Cadwell commented that they have had this situation in Parks and Recreation, Children’s Services, and now in this case, and every time they have tried to fix it, they have made sure that they didn’t mess up the process and system that they have set up, because if they made an exception every time someone comes forward, they might as well do away with the process. He commented that they have fixed the situation in the past by giving additional money, and inquired about the distribution of the grant money.
Mr. Smith explained that nine applicants received the funding, but that three of them received a reduced amount of funds.
Commr. Hanson commented that Children’s Services and Parks have additional sources of grant dollars that are separate, and that might be something that the Board wants to look at.
Mr. Smith stated that staff can get together with the Review Committee to look into the possibility of reallocating any additional dollars they receive from the Board.
Commr. Hanson commented that the per capita is going to be much higher for this type of service, and that her concern is the comparison process of per capita. She stated that she understands that per capita is the only measure they have right now.
Commr. Hill commented that the Board should wait and bring it up at the budget hearing that evening.
Mr. Smith commented that the Review Committee tried to look at all the programs and make some decisions as best they could.
Commr. Hanson inquired whether some of the programs that received grant money were children’s programs.
Mr. Smith responded that they try to divert those programs to Children’s Services.
Commr. Hanson reiterated Commr. Hill’s comments that the appropriate time to discuss this issue would be that evening at the budget hearing.
Mr. Bell commented that their
organization is the only one in South Lake that has this type of service, and
that they have people coming from all over the
RECESS AND REASSEMBLY
At 10:43 a.m., the Chairman announced that the Board will be recessing until 7:00 p.m.
SECOND PUBLIC HEARING – FINAL BUDGET ADOPTION – 7:00 P.M.
FISCAL YEAR 2007 – OCTOBER 1, 2006 – SEPTEMBER 30, 2007
Commr. Hanson reconvened the Board
meeting at 7:00 p.m. and welcomed those present to the final budget
hearing. She asked Ms. Cindy Hall,
Ms. Hall stated that the final public hearing is for the purpose of amending and adopting the final budget, recomputing the proposed millage rate, if necessary, and publicly announcing the percent by which the recomputed proposed millage exceeds the rolled-back rate. Following public comment, staff will ask the Board to adopt the millage resolutions, make any amendments to the budget, and adopt the final budget resolution. She noted that, in this room are the key staff who have spent hours of preparation and scrutiny on this budget, and they are all looking forward to implementing the budget that they adopt in the coming year. She wanted to thank everyone here including the Board for the time and input in the preparation of this fiscal plan.
Commr. Hanson publicly announced the percent by which the recomputed proposed millage rate exceeds the rolled-back rate, as follows:
· The County’s aggregate rolled-back rate is 5.3294 mills and the aggregate tentative rate is 6.6164 mills, which results in an increase over the aggregate rolled-back rate of 24.15%.
Commr. Hanson opened the public hearing and called for public comment.
Mr. Jim Miller stated that, through
his interpretation of the information from the last budget hearing, there is a
30% increase in revenue and, coincidentally, the budget shows a need for a 30%
increase. Mr. Miller explained that, when the rolled-back rates were presented
last time, Commr. Cadwell had asked Commr. Stivender to show him where the cuts
would be in the budget, but the Board does not need to cut anything in the
budget, because they are asking for a large increase. At a minimum, they are actually reducing the
exorbitant increase and are not cutting anything. He was concerned that the other four
Commissioners do not think they should look at cuts in the budget and wanted to
know why they are tasking one specific Commissioner to do that when it is the
job of all five Commissioners to look at the budget and make these
decisions. Mr. Miller asked if any of
the Commissioners requested a budget from the
Commr. Cadwell stated that the Board had several budget workshops, and the budget was presented along with a list of the new programs that the county was going to do, and they had the option, at that time, to have that discussion. They had that discussion, and personally he felt those programs were needed along with the pass downs that are coming from Tallahassee that are costing the county extra money this year, which they had not anticipated in the past. Commr. Cadwell explained that there are a lot of things that the county is having to take care of in terms of growth, and they had that discussion several times between when the budget was presented and the first hearing, so there was that dialogue.
Mr. Miller stated that, in terms of what can be cut, the General Fund increased 20%; Library Impact Fee Trust – 46%; Christopher C. Ford Commerce Park – 85%; Transportation Disadvantaged – 70% since 2005; Stormwater, Parks and Roads – 444% since 2005; Parks Capital Projects – 400% in one year from 2006; Fleet Maintenance – 86% from 2005. He is not debating the need for the programs; he just does not understand how a budget can be managed with a 400% increase in some cases from one year to the other.
Commr. Hanson pointed out that the funding for parks has gone from almost nothing to more of a concerted effort to provide recreation for the citizens. There has also been a big change in road construction, in relation to the cost of building roads today. She asked Mr. Miller if he had an opportunity to talk with anyone in the Budget Department to receive some of the answers to his questions, but he indicated that he had not. In response to further questions presented from Mr. Miller, Commr. Hanson explained that the Board has been very consistent through the last 15 years in holding the line on the millage rate, which meant that they were not in many cases able to provide the services and the programs that the citizens demanded. This year it gives them the opportunity to provide them with those services but still hold the line on the millage rate.
Mr. Miller stated that he felt the Board was putting this burden on those who have basically moved into the County over the last year in order to “catch up” instead of increasing the millage rate based on what the budget called for and allowing people on fixed incomes time to compensate for those increases over the years instead of all at once.
Commr. Pool explained that out of 67
counties in the State of
Mr. Miller accepted the fact that he moved into a more expensive house; he knew he was going to pay more taxes. The point he was making here today is that the Board is considering approving a budget with a 30% increase, which is a large budget increase, and no one has reviewed an alternate budget, and he does not know if enough effort has gone into trying to find these cuts.
It was noted that Mr. Ed Havill, Property Appraiser, and Mr. Bob McKee, Tax Collector, were both present in the audience.
Mr. John Seifert,
Mr. Verlon Anderson,
Commr. Hanson called for further public comment. There being none, the public hearing portion of the meeting was closed at 7:25 p.m.
Commr. Hanson stated that she agrees that the county has struggled for many years to bring in industry as they have tried to replace agriculture, and it has not been that long ago that they were an entirely an agriculture community. They worked hard to put an Economic Element in the County Comprehensive Plan, but they need to focus even more on the types of industry they want to attract. Even though they do have a Job Incentive Program, they must have the light industry to subsidize the residential growth, which is one of their biggest challenges if they are going to be able to provide the services that the people want and deserve, and to be in competition with surrounding counties. She explained that, not only were they basing their costs on population, but it is that increase in level of service, because most of the people who come here want the same level of service they had wherever they came from.
Commr. Cadwell noted that he had received an email from Shawn McKerdy, at which time he responded to his concerns, and he stated that Commr. Hanson had basically summed up the issues by noting the pressing needs they hear about every day from citizens, and he feels that this budget allows them to address those.
Commr. Pool explained that, in the last eight years, the library budget alone went from $820,000 to $4.2 million, and these libraries are a quality of life issue that many people do not understand or recognize. They have gotten 60 new firefighters over the last eight years, and fire service went from being a volunteer service to full time firefighting. The fire stations are now $2.1 million to $2.2 million structures and are a safer environment for their firefighters and equipment. All of these things are trying to enhance their quality of life, and they do not come without a price tag. They cannot build roads fast enough and it now costs $3.5 million a mile. Somehow they have got to pay for the infrastructure improvements, and the quality of life, and he does not think this is an unreasonable millage rate, or an unreasonable budget. He appreciates those individuals being here tonight and expressing their thoughts and concerns.
Commr. Hill explained that the
budget process is an ongoing process; it is not something that she looks at
once a year; it is something that she looks at daily, if not weekly, with the
Commr. Stivender stated that her comments are
not to cut services that already exist.
She pointed out that the increase due to new construction went from 6.2%
to 8.93%; the increase is due to re-evaluations that went from 14% to 24%. She stated that the Property Appraiser’s
Office is pulling those monies out to help pay for those residents being here,
and to pay for that new growth. As they
continue to increase taxes, the people that live in this county will not be
able to afford to live here; they will be renting apartments and will not be
able to afford to build houses. After
talking to the County Manager and to Ms. Frazier, she realizes that a complete
rollback would not be appropriate but she believe that a reduction of .5% which
would take it back to 5.247 and would equate to $8,967,597.50 would show the
public that they are concerned and that they are in a bind and that the economy
is changing; it is going down; and that they do need to be able to buy
groceries versus pay the county to build a Taj Mahal for constitutional
officers who have not increased their number of employees and who have
satellite offices, and this is the
reason that they cannot give people back their money. She addressed an article in the newspaper
that was written by Ms. Lauren Ritchie on September 6, 2006 pertaining to her
but noted that they are all sucking the life out of
Mr. Ed Havill addressed the Board and stated that Commr. Stivender is the biggest spender on the Board. He explained that he is called a property appraiser because he appraises property; the Commissioners are called a taxing authority. It is up to them to decide how much money to take out of the citizens’ pockets, and it is up to them to decide how much they need for services. The taxes are going up this year, and they could lower the millage rate, but then they would have a whole group of other people in here that would be upset.
Commr. Stivender requested that the Board cut the budget by .5%.
Because there had been a request to vote on the resolutions separately, Mr. Minkoff noted that the Board would need to vote on them individually.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried by a 4-1 vote, the Board approved the Lake County General Fund Millage - 5.7470 mills - Resolution 2006-183.
Commr. Stivender voted “no”.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved Lake County Municipal Servie Taxing Unit (MSTU) for Ambulance and Emergency Services Millage - 0.5289 mills - Resolution 2006-184.
On a motion by Commr. Cadwell, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the Lake County Stormwater Management, Parks and Roads MSTU Millage - 0.6000 mills - Resolution 2006-185.
On a motion by Commr. Stivender, seconded by Commr. Pool and carried unanimously by a 5-0 vote, the Board approved the Voter Approved Debt Service for Environmental Lands - .2000 mills - Resolution 2006-186.
At this time, Commr. Hill requested that the Board remove $650,000 from the reserve for operations to the capital project line or, if the Board would like, to reserve for contingency.
Ms. Regina Frazier, Director of Budget, explained that the reserve for operations policy says up to 1%; 1% would be about $1.8 million.
Commr. Cadwell explained that philosophically they are still in hurricane season, and that money is in their operational fund, and he thinks they need to leave it there. It was noted that it is in contingency; they cannot spend it unless it comes back before this Board.
It was noted that no change would be made in this line item.
Commr. Hill stated that they collect some fees over and above what the Tax Collector has historically given them back and, under that anticipation, she wanted to know if they could track those dollars for possible future expenses to his capital project at the new building.
Ms. Frazier noted that staff tracks all excess fees from constitutional officers every year separately.
Ms. Hall, County Manager, explained that there is an estimate each year as to what those excess fees are; if they come back in excess of what that estimate was, then there is an adjustment made at mid-year, and some additional money is provided into the budget. She noted that Commr. Hill is asking that, if there are additional excess fees over what they had anticipated, that it be earmarked for capital costs. Staff always tracks that funding and will provide an account of those excess fees, as requested.
Commr. Stivender stated that the social services budget went up 31.72%. She stated that there is a windfall of money there, about $60,000, that was a carry over and, in reference to the Board’s conversation this morning, she was wondering if that fund could be used for those items.
Mr. Fletcher Smith, Director of Community Services, stated that Commr. Stivender is referring to the Choose Life License Plate revenue. Those funds have to be spent for designated purposes pursuant to Florida Statute, and those funds are being used, as he explained.
In regards to the conversation the Board had earlier this morning about the one program that did not get funded, Mr. Smith stated that Faithful and True Ministries applied for $10,000 and received $5,000. The two programs for vision impaired, Lighthouse and New Life Vision, each received about $7,500. One community health center agency asked for $9,800 which it received that amount.
Discussion occurred regarding those agencies that did not receive funding including the Adult Day Care Services through Community Care Health Services, Inc. Commr. Cadwell stated that he does not want to take funding out of the existing dollars in social services because these are organizations that, if they were not providing those services, the county would have to provide them. He wanted to know whether more funding would attract more applicants, and Mr. Smith stated that the ones that applied are the ones that are now receiving the funding. Community Services has been working consistently over the years with others in many different ways and, when they can, they use grant dollars to help with funding.
Commr. Hill explained that this issue comes up every year, and it seems that the funding is never enough but they work within a budget, and the Board established a committee to make recommendations to the Board.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 4-1 vote, the Board approved to adjust the final budget and take $20,000 out of reserve and put it into social services to cover the adult/elderly grant program (Human Services Grant Program).
Commr. Hill voted “no”.
Ms. Hall stated that staff wanted to bring forward four additional items for consideration by the Board, as follows:
Fleet Maintenance position, about $40,000 that would come from the reserves in the Fleet Fund and not affect the General Fund reserves;
General Fund item – additional funding for Lifestream to get them up to the per capita allotment of $4 per capita, about $25,304;
General Fund item – additional $25,000 for sponsorships for the Economic Growth and Redevelopment Program that had previously been in the Tourism Fund;
Fund item – additional $65,720 to fulfill the requirements for laptops in the
Ms. Hall noted that the total of the last three items is about $116,000 and is recommending that they also come from reserves. She further noted that none of these items will affect the bottom line of the budget.
On a motion by Commr. Cadwell, seconded by Commr. Pool
and carried by a 4-1 vote, the Board approved the four additional items, as
presented by Ms. Hall,
Commr. Stivender voted “no”.
On a motion by Commr. Cadwell, seconded by Commr. Pool and carried by a 4-1 vote, the Board approved the Final Countywide Budget of $454,824,430 and Resolution 2006-187.
Commr. Stivender voted “no”.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 8:00 p.m.
CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK