A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JANUARY 9, 2007

The Lake County Board of County Commissioners met in regular session on Tuesday, January 9, 2007, at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Elaine Renick; Debbie Stivender; and Linda Stewart.  Others present were Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

Mr. Ken Harley, Public Transportation Manager, gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Ms. Cindy Hall, County Manager, added Addendum No. 1 on her Consent Agenda, requesting approval of the renewal quote from HRH/Hunt Insurance Group, Inc. to provide catastrophic inmate medical insurance from January 10, 2007 through January 10, 2008, at the current rate of eleven cents per day per inmate.

Ms. Hall also stated that she sent out a memo to the Board with some additional information regarding Tab 13, referring to the Special Master Agreement, relating the staff recommendation that the payment made from those two parties be directed to the Land Acquisition Program; and Tab 15, regarding the Audit Selection Committee, stating that the two remaining members to be identified on the Agenda item are Mr. Lewie Wise from the Sheriff’s Office and Mr. Robbie Ross of the Property Appraiser’s Office.

MINUTES

On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the Minutes of September 19, 2006 (Regular Meeting), as presented.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of December 5, 2006 (Regular Meeting), as presented.

CLERK OF COURTS’ CONSENT AGENDA

Commr. Renick stated that she had a question regarding Item 3 of Tab 2, about what type of Ordinance it was. 

Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, responded that she would bring that item to Commr. Renick so that she could look at that more closely.

Commr. Renick pulled Item 3 from the Clerk of Courts’ Consent Agenda until a later date.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 11, excluding Item 3, as follows:

List of Warrants

            Request to acknowledge receipt of list of 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.

            Notice Before the Public Service Commission

            Request to acknowledge receipt of:  Before the Florida Public Service Commission –Notice of Commission Hearing and Prehearing to Progress Energy Florida, Inc., Department of Community Affairs, Department of Environmental Affairs, and All Other Interested Persons– Docket No. 060642-EI.  Petition for determination of need for expansion of Crystal River 3 Nuclear Power Plant, for exemption from Bid Rule 25-22.082, F.A.C. and for cost recovery through fuel clause, by Progress Energy Florida, Inc.

            A prehearing will be held on Monday, January 8, 2007 at 1:30 p.m. and a hearing will be held before the Florida Public Service Commission in the above referenced docket, on Thursday, January 18, 2007, at 9:30 a.m. at the Betty Easley Conference Center, Room 148, 4075 Esplanade Way, Tallahassee, Florida.

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

            Annexation Ordinance from City of Fruitland Park

            Request to acknowledge receipt of Annexation Ordinance No. 2006-026, from the City of Fruitland Park, annexing approximately 21 acres located North of Cooke Drive, West of US Highway 441, said property being contiguous to the City of Fruitland Park.  Passed and ordained the 14th day of December, 2006, by the City Council of the City of Fruitland Park, Florida.

            Annexation Ordinance from City of Fruitland Park

            Request to acknowledge receipt of Annexation Ordinance No. 2006-027, from the City of Fruitland Park, annexing approximately 980 acres located South of CR 466A, said property being contiguous to the City of Fruitland Park.  Passed and ordained the 14th day of December, 2006, by the City Council of the City of Fruitland Park, Florida.

            Monthly Distribution of Revenue, Traffic/Criminal Cases

            Request to acknowledge receipt of Monthly Distribution of Revenue

            Traffic/Criminal Cases, Month Ending November 30, 2006.

            Displays revenue collected, and disbursements made to various trusts, surcharges, municipalities, etc.

            Disbursements due to Board:       $166,802.69

            Same period, last year:                 $145,405.58

            Annexation Ordinance from City of Clermont

            Request to acknowledge receipt of Annexation Ordinance No. 570-M, from the City of Clermont, annexing approximately 18 acres located in Lake Highlands, Section 32, Township 22 South, Range 26 East, Tracts 3, 4, said property being contiguous to the City of Clermont.  Passed and ordained the 28th day of November, 2006, by the City Council of the City of Clermont, Florida.

            Annexation Ordinance from City of Mount Dora

            Request to acknowledge receipt of Annexation Ordinance No. 2006-925, from the City of Mount Dora, annexing approximately one acre located at 20110 US Highway 441, said property being contiguous to the City of Mount Dora.  Passed and ordained the 5th day of December, 2006, by the City Council of the City of Mount Dora, Florida.

            Annexation Ordinance from City of Mount Dora

            Request to acknowledge receipt of Annexation Ordinance No. 2006-927, from the City of Mount Dora, annexing approximately 9.9 acres located at US Highway 441 and Smith Avenue, said property being contiguous to the City of Mount Dora.  Passed and ordained the 5th day of December, 2006, by the City Council of the City of Mount Dora, Florida.

            Deer Island Community Development District Meeting Schedule for FY 2007

            Request to acknowledge receipt of Deer Island Community Development District Meeting Schedule for Fiscal Year 2007, in Deer Island Community accordance with Chapter 189, Florida Statutes.

            The Board of Supervisors of the Deer Island Community Development District will hold their meetings for the remainder of Fiscal Year 2007, at 6:00 p.m., at the Clubhouse, 18000 Eagles Way, Deer Island, Florida, on the following dates:

            January 15, 2007

            March 19, 2007

            May 21, 2007

            August 20, 2007

            Lake County Water Authority Board of Trustees Meeting Schedule for 2007

            Request to acknowledge Lake County Water Authority Board of Trustees meeting schedule for 2007 as follows:

            January 24                    August 22

            February 28                 September 12 (Tentative Budget Hearing)

            March 28                     September 26 (Final Budget Hearing and

            April 25                          Regular Meeting)

            May 23                        October 24

            June 27                        November 14

            July 11 (Budget Workshop)  December12

            July 25

            All regular meetings are scheduled to begin at 3:30 p.m. and Budget meetings begin at 5:05 p.m.

            The Budget Workshop starts at 9:00 a.m., location to be determined.

            COUNTY MANAGER’S CONSENT AGENDA

Commr. Renick asked that Tab 5, a request from Community Services for approval to pay $500,000.00 from Library Impact Fees to the Lake-Sumter Community College Foundation to be used as match toward the construction of the planned joint-use community college/public library on the South Lake campus of LSCC and authorization for the chairman to sign the First Amendment to Agreement between Lake County and the Lake-Sumter Community College for Joint-Use Library Facility, pending County Attorney approval and approve the related budget transfer; and Tab 13, a request from Growth Management for approval of the Settlement Agreement with Khemraj Narain, be pulled for discussion; and that Tab 15 be corrected, adding the remaining two members to the Audit Selection Committee, being Mr. Lewie Wise from the Sheriff’s Office and Mr. Robbie Ross of the Property Appraiser’s Office.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 16, with the corrections to Tab 15, plus Addendum No. 1, pulling Tabs 5 and 13, as follows:

            Budget

            Request for approval of Budget Transfer – Animal Sterilization Trust Fund, Department of Public Safety, Animal Services Division.  Transfer $2,602.00 from Reserve for Operations to Machinery and Equipment.  Funds are needed to purchase an anesthesia machine for Animal Services. Funds available in Reserve for Operations.

            Request for approval of request of medical bill for inmate.  The request exceeds the County Manager’s approval limit of $25,000.00.  Total payment is for $164,744.18.

            Request for approval of an Additional Legislative Position for 2007 for Funding for Big Prairie Watershed Management Plan

            Community Services

            Request for approval of the Amendment to the Medicaid Waiver Service Agreement for Transportation Services between the Lake County Board of County Commissioners and the Agency for Persons with Disabilities.

            Request for approval to advertise for the Non-Emergency Stretcher and Wheelchair Transportation Ordinance for Lake County.

            Request for approval of the Revised Acceptance of the FDOT 5310 Grant Award for three (3) 23’ buses and one (1) 31’ heavy duty bus.

            Request for approval of the Lake County Department of Community Services Transportation Disadvantaged staff to apply to the Florida Department of Transportation for the Section 5311 Transit Grant Application Fiscal Year 2007-2008 and approval and execution of Resolution No. 2007-1.

            Request for approval of the Lake County Department of Community Services Transportation Disadvantaged staff to apply to the Florida Department of Transportation for the Section 5310 Transit Grant Application Fiscal Year 2007-2008 and approval and execution of Resolution No. 2007-2.

            Growth Management

            Request for approval and execution of a Release of Fine for Property owner: Robert L. Ross, Code Case No. 2005050195 – Commission District 3.

            Request for approval and execution of a Release of Fine for Property owner: Steve L. Parsons, Code Case #CEB 41-00 – Commission District 3.

            Procurement

            Request for approval of the contract for Arnold Brothers Boat Ramp Parking Lot Improvements to Sun Belt Construction in the amount of $350,715.00.  It is recommended the BCC approve the budget transfer in the amount of $261,232.00 for the additional funds required for this project – Commission District 3.

            Request for approval of the establishment of an Audit Committee for competitive procurement of annual financial audit services as detailed on the agenda item cover sheet, with corrections made under the Agenda Update, adding the names of Lewie Wise from the Sheriff’s Office and Robbie Ross of the Property Appraiser’s Office.

            Public Safety

            Request for approval to submit a grant application to the United States Fire Administration Assistance to Firefighters Grant Program.  The grant is administered by the Department of Homeland Security and is available to help fire service agencies improve the health and safety of the public and emergency response personnel.  The grant program has an application period of December 4, 2006 – January 12, 2007.  Local matching fund dollars will come from budget 2006-07.

            ADDENDUM NO. 1 

            COUNTY MANAGER’S CONSENT AGENDA (CONT’D)

            Procurement

            Request for approval of the renewal quote from HRH/Hunt Insurance Group, Inc. to provide catastrophic inmate medical insurance from 1/10/07 through 1/10/08 at the current rate of eleven cents per day per inmate.

            COMMUNITY SERVICES

            FIRST AMENDMENT TO AGREEMENT BETWEEN LAKE COUNTY AND LAKE-

            SUMTER COMMUNITY COLLEGE FOR JOINT USE LIBRARY FACILITY

            Commr. Renick stated that she pulled this item because the Library at Lake-Sumter Community College at South Lake was very controversial.  She commented that she understood that this item was just a budget transfer, that it was the last step in the process, and that she did not want to re-discuss the library.  However, she wanted to pull it to have it voted on individually for the sake of those that were interested in it.

            On a motion by Commr. Hill, seconded by Commr. Cadwell, who moved the gavel, and carried by a vote of 3-2, the Board approved a request from Community Services for approval to pay $500,000.00 from Library Impact Fees to the Lake-Sumter Community College Foundation to be used as a match toward the construction of the planned joint-use community college/public library on the South Lake campus of LSCC and authorization for the chairman to sign the First Amendment to Agreement between Lake County and the Lake-Sumter Community College for Joint-Use Library Facility, pending County Attorney approval, and to also approve the related budget transfer.

            Commr. Stivender and Commr. Renick voted “no.”

            GROWTH MANAGEMENT

            SETTLEMENT AGREEMENT WITH KHEMRAJ NARAIN

            Commr. Renick stated that she did not have a problem with this request, but wanted to make sure that everyone understood that the two properties together will be less in terms of permeable surface.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved a the request from Growth Management for approval and execution of a Release of Fine for Property owner:  Steve L. Parsons, Code Case No. CEB 41-00 – Commission District 3.

            COUNTY ATTORNEY’S CONSENT AGENDA

            On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved a request from the County Attorney for approval of the Estoppel Certificate for 7730 American Way.

            AWARDS AND RECOGNITIONS

            EMPLOYEE AWARDS

            The Chairman presented the following Employee Awards, at which time Mr. Gregg Welstead, Deputy County Manager, gave brief remarks about each individual and their service to the County.

            Presentation of Award to Employees with Five Years of Service

            Leonard Francis, Maintenance Worker, Public Works/Road Operations/Maintenance Area III

            Sherry Scheller, Library Assistant, Community Services/Library Services/Paisley Library

            Ann Corson, Planning Office Associate, Growth Management/Planning & Development/Current Planning

            James (Dustin) Dailey, Field Forensic Investigator, Medical Examiner

            Patricia Young, Senior Customer Service Representative, Environmental Services/Solid Waste Administration (not present)

            Sharon McParland, Office Associate III, Tourism and Business Relations/Fairgrounds

            Michael Woods, Transportation Coordinator, Lake Sumter Metropolitan Planning Organization (not present)

            Ronald Moore, Librarian II, Community Services/Library Services/Paisley Library

            Janice Wood, Transcriptionist/Records Custodian, Medical Examiner (not present)

            Presentation of Award to Employees with Ten Years of Services

            Catherine McGwier, Laboratory Supervisor, Environmental Services/Water Resource Management

            Cheri Greer, Library Technician, Community Services/Library Services

            Presentation of Award to Employee with Fifteen Years of Service

            Robert McCullough, Assistant Facilities Management Director, Facilities Development and Management

            PRESENTATION

            UPGRADE OF EXISTING EMERGENCY RESPONDER RADIO NETWORK

            Mr. Gary Kaiser, Public Safety Director, addressed the Board, and first introduced Mr. Rob Richardson and Mr. Jason Matthews from the Sheriff’s Office, to thank them for their efforts and hard work over the last year in working on the radio systems and acquiring 20 channels for Lake County for a 20-trunk communication system when there were no more 800 frequencies left.  He stated that if it were not for their efforts, the radio network they were presenting would not be possible.  He also introduced Mr. Greg Holcomb, Communications Technology Manager, commenting that he came to them with 20 years of experience in 800 trunking with an excellent track record of well-functioning systems.

            Mr. Kaiser began his power-point presentation by identifying the radio users in Lake County as being the municipalities, Lake Sumter EMS, Public Safety, and the Sheriff’s Office.  He showed that the existing system’s portable heavy building coverage was very minimal compared to the projected future portable coverage, and opined that the ability to communicate was the most critical issue confronting public safety.  He commented that all the Chiefs of Police and Sheriff Borders have unanimously agreed on the need for this system and how to proceed, presenting the Board with a petition signed by those officers.  He stated that the new system will enable any officer, fire fighter, or medic to communicate with surrounding counties seamlessly, without need of a dispatcher.  One of the presentation’s visuals addressed the benefits to Lake County, including complete communications for all internal Lake County agencies with one radio system, simplicity of operations for field personnel, system reliability based on new technologies, and increased County-wide portable coverage.  He stated that funding for this project would come from $5 million in the current budget, $15 million identified from Renewal Sales Tax Line of Credit, proposed buy-back credit allowance, in-kind services such as towers and new site locations, and grant opportunities.

            Commr. Stivender inquired about a comment on the petition asking the County to completely fund the system, and asked why the municipalities would not be part of that if it would benefit them also.

            Mr. Kaiser responded by stating that it is critical that one agency control the system in terms of integrity and maintenance programming to ensure the signals that are transmitted, because every radio accesses the entire system, and any degradation of any equipment in the system would degrade the entire system.  He stated that if the funding mechanisms were split up, it would become incredibly difficult, and opined that to some extent, that happened with the County’s last system.

            Ms. Cindy Hall, County Manager, stated that the County would be working on funding options and possibly would discuss some options with the Cities when they had a better idea of what the total price of the system would be, and will bring back to the Board some funding proposals.

            Commr. Cadwell commented that his concern regarding the funding issue was whether a formula could be found for the Cities that could as well as those that could not afford to participate, so that a City without the means to participate would still be able to do so.  He opined that if everyone were not in the system, it would not work.

            PRESENTATION

            ECONOMIC DEVELOPMENT VISIONING AND STRATEGIC PLANNING

            Ms. Dottie Keedy, Director of Economic Growth and Redevelopment, addressed the Board to update the Board on a presentation that was made in September of last year on the development of a strategic plan for Lake County’s economic development.   She stated that since that time, she had been meeting with a group of individuals to develop a scope of services for a Request for Proposals (RFP) to hire a consultant for the project, which will be a two-phase project, the first phase being a series of visioning sessions that will be held around the County in order to get the broadest consensus from the business community as to what should be included in a strategic plan.  She stated that the results of that visioning will be brought back to the Board and then will be included in the second phase, which will be the creation of the strategic plan.  She anticipated that the plan would include the identification of targeted industries that the County would like to attract, some recommendations on incentive programs to be able to attract those industries, appropriate locations for job creation, assessment of infrastructure needs, and business retention and expansion programs, as well as a marketing strategy that the County could use in conjunction with the Metro-Orlando Economic Development Commission.  She explained that the strategic plan would be brought back to the Board in a draft format and then after the Board’s review and approval, would be brought back for final approval and adoption of the plan.  She commented that she was currently working with the Procurement Department to get the RFP out, so that she could move forward with the project.

            Commr. Stivender inquired whether Ms. Keedy had a time frame for the consultant.

            Ms. Keedy responded that she would have to give a few months for responses, and then the individuals she had been working with would work with her to act as the ranking committee to rank the respondents and then come back with a recommendation, and as soon as they could get them under contract, they would move forward.  She opined that realistically, it would probably be three to four months, and she anticipated that this would be a year long project.

            Commr. Cadwell commented that it sounded like that was exactly the direction the Board asked her to go in, and they appreciated her taking care of that.

            COUNTY MANAGER’S DEPARTMENTAL BUSINESS

            PURCHASE AGREEMENT FOR NEIGHBORHOOD LAKES PROPERTY

            Mr. David Hanson, Public Lands Manager, addressed the Board, stating that this item was two-fold, the first being approval to enter into negotiations with the St. Johns River Water Management District for a portion of a purchase of an acquisition of a 1500-acre piece of property known as Neighborhood Lakes out in the eastern part of the County, and the second being a request from the Public Land Acquisition Advisory Council requesting that if the acquisition was approved, the Board research potential alternate funding for half of the $5 million that comes from the County.  He introduced Mr. Robert Christianson, Director of the Department of Operations and Land Resources with the St. Johns River Water Management District, to explain the mechanics of the acquisition.

            Mr. Christianson explained that the Neighborhood Lakes property consisted of 1,584 acres in Lake and Orange Counties, with two-thirds of it being in Lake County, and was located within the Wekiva River Protection area and the Wekiva-Ocala Greenway Florida Forever Project.  He went on to explain that some of the property was adjacent to Rock Springs Run State Reserve and was located within a critical area of the Wekiva River recharge area in Wekiva Springs.  Also, he commented that about a third of the property was within the hundred year flood zone.  He stated that there were three other pieces of property in addition to the Neighborhood Lakes property which were named in the Statute guiding the County in terms of implementation of the Wekiva Parkway Act.  He specified that those properties were New Garden Coal to the east, which had been put into a Mitigation Bank by the landowners, and there would not be a need to invest public funds in conservation of that property; the Pine Plantations property to the southwest, which was still in private ownership, and its fate would be determined over time; and the Seminole Woods property to the north, which also remained in private ownership and was a very high priority for the County.   He pointed out on an overhead map the publicly-owned land along the northern and eastern boundary of the Neighborhood Lakes property, and stated that this property would become a contiguous addition to the large assemblage of public conservation lands.  He also commented that the Neighborhood Lakes property is also critically located within an area of significant recharge to the Florida Aquifer, which is what was driving the whole spring-river system that was so important to us all.

            Mr. Christianson explained more about Florida Statute 369.317, which directed that acquisition of the Neighborhood Lakes property be concluded no later than December 31, 2010, as part of the development of the Wekiva Parkway Act.  He commented that the portion of the property for the right-of-way for the Wekiva Parkway would be paid for by the Expressway Authority, but the remainder of the property would be funded by Lake County and other participating government agencies in order to protect surface and groundwater resources and alleviate pressure from development affecting water resources in the area.  He also discussed the funding of the property, which had a total cost of $60.2 million, which was the high appraised value, with Lake County’s portion being $5 million, and the majority of the cost being born by the Department of Environmental Protection (DEP).  He concluded by stating that all the property would be managed by the State Reserve System, under the lead of the DEP in their division of Recreation and Parks, but all participants, including Lake County, would have a say about management planning for this property.  He commended the Board and its staff on responding quickly and getting the project done rapidly.

            Commr. Cadwell commended Mr. Christianson for being the one holding everyone together, and that the Board appreciated his efforts.  He also asked Mr. Christianson if there had been any discussion of a conservation easement regarding the Seminole Woods property with the family that owned it.

            Mr. Christianson responded that they had talked about every possible combination, and that they got the clear signal that the land owners were not interested in pursuing any kind of public result or developing the property at this point, and he opined that the property owners were of a mind to wait and see, with little motivation to move forward.  He commented that the Seminole Woods property had been on the top of their list of important property for many years and that it remained so.

            On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the negotiation of the purchase agreement with the St. Johns River Water Management District for acquisition of the Neighborhood Lakes property, with a proposed County contribution of $5 million.

            Commr. Cadwell commented that the portion of the property they were purchasing was for preservation, and not part of the right of way, and the PLAAC Committee was set up specifically for preservation.  He also stated that the County got caught up in rhetoric regarding whether the County should wait to bond the money to save money on interest and not to tie up taxpayer dollars.  He opined that the money should come from the Land Acquisition Referendum Bonds.

            Commr. Stivender commented that that was what it was approved for.

            Commr. Renick stated that she could see both sides of the issue and understood that everyone was feeling sticker shock, but that since the purchase was mandated by the Statutes, they were not in the best bargaining situation.  Also, she felt that the fact that so much money was being spent at one time and in one place resulted in some trepidation on the public’s part.

            Mr. Hanson explained that the feeling at the PLAAC meeting was that this was a benefit to the County as a whole, and rather than spend $5 million out of their coffers, that maybe there could be some monies found elsewhere, so that the committee could spend the remaining $2.5 million on other projects.

            Commr. Cadwell stated that they could ask the County Manager and her staff to come back with the funding options, and that that would not affect the negotiations.

            Mr. Hanson commented that they would be bringing the purchase agreement back before the closing date of February 6, 2007.

            Commr. Stivender commented that that was the type of project the Referendum was set up for and that the taxpayer dollars were to be spent on, and that the extra $2.5 million might preclude the County from other worthwhile projects, and the funding was not designed to come out of the general fund.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board directed staff to come back with funding options in regard to payment for the Neighborhood Lakes property.

            PHASE 2B OF JUDICIAL CENTER EXPANSION CONTRACT

            Mr. Jim Bannon, Facilities Development and Management Director, addressed the Board to request approval of a second addendum to the contract with HLM, who are the design architects for the Judicial Center Expansion.  He stated that the initial contract with HLM Architects covered the full scope of services for the architects, and the only fee agreed under the initial contract was for a Phase I conceptual design and needs assessment in the amount of $508,000.00.  Addendum No. 1 for Phase 2 was approved by the Board for design development, construction documents, and contract administration for 320 West Main, the parking garage, and the Central Energy Plant for a not-to-exceed fee of $2.13 million.  He explained that this Addendum No. 2 was for Phase 2B for the design development, construction documents, and contract administration for the Judicial Center Expansion and the Detention upgrades.  He stated that the not-to-exceed fee would be $12 million, and that fee was based on a negotiated percentage of the projected construction costs of the project, which was $156 million.  He stated that the fiscal impact for the year 2007 on this project was $2.5 million, and that balance of the fee was expected to be covered under a bond issue, which they were currently looking into.

            Commr. Cadwell commented that this was the next step in the process.

            Commr. Hill stated that the Board had asked that they bring each phase of this project back to the Board, so that they would be involved through the entire process as they went along.

            On a motion by Commr. Hill, seconded by Commr. Renick and carried by a vote of 4-1, the Board approved the authorization and execution of the second addendum to the contract with HLM Design to cover Phase 2B of the construction design and support services for the Judicial Center Expansion, Detention Center and additional such services for the Central Energy Plant.

            Commr. Stivender voted “no,” stating that she was not against the Judicial Center or the Detention Center Facilities upgrades, but that she was still opposed to the process that the Board had gone through.

            PROPOSAL FROM MOTOROLA FOR EMERGENCY RADIO SYSTEM UPDATE

            Mr. Barnett Schwartzman, Procurement Services Director, addressed the Board, stating that this agenda item was a follow up on the presentation from Public Safety earlier in the meeting, regarding the radio upgrade.  He commented that the Board had been informed of the need for the system during the presentation, and that this agenda item specified how the County would want to purchase that upgrade.  He explained that they had prepared a written Request for Information (RFI) and submitted that to industry, which stated an overview of the overall project, the overall upgrade, and ten specific technical requirements that they needed for their system.  There were responses from two vendors that were predominant in the market.  He stated that they did a very detailed evaluation of those technical proposals and found that only one of the vendors’ responses gave them the evidence that they needed to confirm that the vendor could meet the County’s total requirement.  He went on to comment that the County is surrounded by counties that utilize proprietary Motorola equipment, necessitating a Motorola-based upgrade to assure that they would have a seamless integration and communication with a majority of the surrounding counties.

            He stated that another route that was explored and researched by his staff was processing a purchase by accessing a similar competitively-awarded contract, and one was found that met their requirements in Nassau County for the same items, equipment, and services they needed for their upgrade, and that the pricing under that contract was competitively developed.  He recommended to the Board that they access the Nassau contract to get a proposal from Motorola, negotiate for the best contract, and come back to the Board for approval of that effort.

            Commr. Cadwell inquired whether the Nassau contract would be able to be tailored to the County’s specific network upgrade requirements enough to meet the County’s needs and requests.

            Mr. Schwartzman responded that his staff did a detailed check on that and believed that about 60 – 80 percent of the items in the Nassau contract would translate directly over to the County’s requirement and that the pricing they wind up with would be based on that contract and would be directly applicable to them.

            Mr. Sandy Minkoff, County Attorney, stated that there was no legal problem with this, because it was only County policy and not a legal requirement that mandated the County to bid, so if it wished, the Board could dispense with a competitive procurement totally.

            On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved staff’s recommendation to request a proposal from Motorola based on the Nassau County contract for the upgrade of the County’s emergency responder radio network.

            OTHER BUSINESS

            APPOINTMENTS TO LAKE COUNTY ZONING BOARD

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the reappointment of Mr. Scott Blankenship to serve as representative for District 2 and the appointment of Ms. Peggy Cox as an At-Large representative to the Lake County Zoning Board to serve four-year terms ending January 31, 2011.

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the appointments of Ms. Phyllis Patten to serve as representative for District 4 and Mr. Larry Metz as the School Board representative to the Lake County Zoning Board to serve four-year terms ending January 31, 2011.

            APPOINTMENT TO LAKE COUNTY LIBRARY ADVISORY BOARD

            On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the appointment of Mr. Robert Thielhelm to serve as the Mount Dora Public Library’s member representative and Mayor James Yatsuk to serve as an alternate representative on the Lake County Library Advisory Board.

            APPOINTMENTS TO ELDER AFFAIRS COORDINATING COUNCIL

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the reappointment of Ms. Barbara Howell and the appointment of Ms. Rhoda Apfelbeck as representatives of District 2 to the Elder Affairs Coordinating Council, to serve two year terms ending January 31, 2009.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the appointment of Ms. Barbara Wilson Smith and the reappointment of Ms. Deanna Chapman to serve as At-Large representatives to the Elder Affairs Coordinating Council, to serve two-year terms ending January 31, 2009.

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the reappointment of Ms. Frances Weston and the appointment of Ms. Barbara Rees as representatives for District 4 to the Elder Affairs Coordinating Council, to serve two-year terms ending January 31, 2009.

            APPOINTMENTS TO SALES TAX OVERSIGHT ADVISORY COMMITTEE

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the appointment of Mr. Herbert Scott Smith as an At-Large representative to the Sales Tax Oversight Advisory Committee to serve a four-year term ending November 19, 2010.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the reappointment of Mr. Keith Mullins and the appointment of Ms. Elizabeth Palmer by the Lake County League of Cities to the Sales Tax Oversight Advisory Committee to serve a four-year term ending November 19, 2010.

            APPOINTMENT TO SOLID WASTE ADVISORY COMMITTEE

            On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the appointment of Mr. R. J. (Bob) Fegers to the vacant District 2 position on the Solid Waste Advisory Committee, to complete an unexpired term ending May 25, 2007 and a consecutive four-year term ending May 25, 2011.

            APPOINTMENT TO PARKS, RECREATION AND TRAILS ADVISORY BOARD

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the reappointment of Mr. Kenneth Weld, Jr. to serve as the District 4 representative on the Parks, Recreation and Trails Advisory Board, to complete an unexpired term ending May 20, 2007 and serve a consecutive two-year term ending May 20, 2009.

            APPOINTMENTS TO LPA

            On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a vote of 5-0, the Board approved the reappointment of Mr. Keith Schue and the appointment of Ms. Vicky Zaneis to upcoming vacancies as At-Large members to serve four-year terms for the Local Planning Agency (LPA) beginning February 1, 2007.

            APPOINTMENTS TO BOARD OF ADJUSTMENT

            On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a vote of 5-0, the Board approved the appointment of Mr. Lloyd M. Atkins, Jr. as representative of District 4 on the Board of Adjustment.

            On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a vote of 5-0, the Board approved the appointment of Ms. Ruth Gray as the At-Large representative on the Board of Adjustment.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the appointment of Mr. Donald Schreiner as an At-Large representative on the Board of Adjustment.

            REPORTS – COUNTY ATTORNEY

            INTERLOCAL AGREEMENT WITH CLERMONT FOR PURCHASE OF LANDS

            Mr. Sandy Minkoff, County Attorney, stated that this was an agreement with the City of Clermont in which the County was contributing $2.5 million towards the purchase of environmental lands by the City.  He and the City Attorney, along with City and County staff, had worked out an agreement that was modeled somewhat after the SCT agreement.  He stated that there had been one suggested change to the agreement from the County Manager’s office to postpone the payment from 15 days after approval of the agreement to 120 days, and he believed that the City had approved that at the staff level and would be going back to the City Council.  He recommended approval of the Interlocal Agreement with the City of Clermont.

            On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the Interlocal Agreement between the County and the City of Clermont, with the change to postpone payment from 15 days to 120 days after approval of the agreement.

            REPORTS – COUNTY MANAGER

            MODIFICATION OF BCC MEETING SCHEDULE

            Ms. Cindy Hall, County Manager, addressed the Board to request the scheduling of a Work Session on January 30, 2007 and to cancel the Board meeting scheduled for March 6, 2007 due to absence of two Board members and schedule a regular meeting for March 13.

            On  a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved scheduling a Work Session on January 30, 2007 and to cancel the Board meeting scheduled for March 6, 2007.

            REPORTS – COMMISSIONER RENICK – DISTRICT 2

            MEETING REGARDING TRANSPORTATION CONCERNS IN SOUTH LAKE

            Commr. Renick mentioned a newspaper article that she had read about a meeting regarding the road situation in the Hills of Minneola and Sugarloaf area.  She understood that to be a developer-driven meeting, without participation from the municipalities.  She suggested that r0ather than that type of meeting to answer residents’ questions, that the Board consider having a public meeting with all the elected officials concerned from Clermont, Minneola, and the County at a neutral location, such as the College, and to direct staff to look into that.  She explained that it would address mainly transportation issues and that all Board members could attend.

            SUGGESTED TOPICS FOR WORK SESSIONS

            Commr. Renick stated that she was concerned that there were things such as filling of wetlands and cutting of trees that happened on the weekends that Code Enforcement would not be available to address, and suggested that a discussion regarding having Code Enforcement and Parks and Recreation open on the weekends might be a good Work Session topic.  She also suggested other topics for Work Sessions such as updating industrial standards in the Code and looking into the language of conditional use permits that would ensure that a project reflected the conceptual plans.

            Commr. Stivender stated that some of those issues were things that she normally talked with the County Manager about and had staff check out.  She commented that she was now the liaison regarding park security, and recently learned that it would be a budgetary item that would come up as a Workshop item, because additional employees would have to be hired for security at those parks.

            Ms. Cindy Hall, County Attorney, stated that she would be glad to bring some information back to the Work Sessions on those items that Commr. Renick mentioned.  She also stated that there actually was Code Enforcement staff working on the weekends.

            REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

            APPOINTMENT TO VALUE ADJUSTMENT BOARD

            Commr. Cadwell stated that Commr. Hanson had served on the Value Adjustment Board, and he recommended Commr. Renick to serve on the Value Adjustment Board in her place.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the appointment of Commr. Renick to the Value Adjustment Board.

            NACO PRESCRIPTION DISCOUNT CARD PROGRAM

            Commr. Cadwell commented that since the County had offered the NACo Prescription Discount Card program to its citizens since July of 2006, it had assisted in the purchase of 18,962 prescriptions, for a total savings for the citizens who used it in that five-month period of over $200,000.00.  He opined that it was a great program that did not cost the County anything, and that they were able to offer that by being a member of NACo.  He also commented that Mr. Fletcher Smith, Community Services Director, had done a great job of getting the cards out to libraries and health departments, and that he was excited about that program and appreciated their efforts.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Roy Hunter and Mrs. Francine Hunter addressed the Board and stated that Mrs. Hunter’s sister, a Catholic nun in Quebec, was collecting stamps to raise money for a charity assisting orphaned children in Africa, and requested citizens to mail used stamps to them in an envelope at P.O. Box 439, Paisley, Florida 32767, and they would make sure that the stamps get to her sister in Quebec.  He commented that it was very worthwhile and was one charity that did not cost the participants anything.

            Ms. Debbie Vince from Trinity Materials addressed the Board to bring to their attention a situation that she had been dealing with in Lake County.  She stated that she was a developer who was the representative for the Concrete Batch Plant that was being built.  She requested that Lake County solidify their policies regarding site plan adjustments and amendments.   She stated that she attended a site plan meeting on November 16, 2006 and was told verbally and in written form in a letter that as soon as she amended her site plan, it would be approved within three weeks.  She stated that she resubmitted the site plan on November 22, 2006, and she was still waiting for the site plan adjustment.  She commented that she had been trying to build a concrete plant since 2005, and that it was costing their company a lot of money, and that she was not the only developer in that situation.  She also suggested that the County follow through on any direction that they give a developer, and that there had been many more instances of problems she had encountered while building in Lake County that she had not encountered in other parts of the State.  She commented that she would appreciate any assistance the Board could give to her.

            Ms. Cindy Hall, County Manager, commented that she had had discussions with Ms. Vince and would work through this with her.

            Ms. Nadine Foley, past Chairman and current member of the Public Land Acquisition Advisory Council (PLAAC), addressed the Board, thanking them for their support of the Neighborhood Lakes project.  She stated that they were very hopeful that this project would set a model for many other projects around the State and maybe even the Country for agencies working together to manage the necessary aspects of growth and still protect environmentally sensitive lands.  She also informed the Board that Mr. Ken LaRoe was elected Chairman and Ms. Carol Johnson from their committee was the Vice-Chairman of PLAAC.

            Commr. Cadwell thanked Ms. Foley for her services and commented that she was always there when needed.

            Commr. Stivender added her appreciation for Ms. Foley’s efforts and stated that she always looked at all sides before she made a decision.     

            ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:35 a.m.

 

 

 

                                                                        ____________________________________

                                                                        WELTON G. CADWELL, CHAIRMAN

 

ATTEST:

 

 

 

__________________________

JAMES C. WATKINS, CLERK