REGULAR MEETING OF THE BOARD OF
SEPTEMBER 25, 2007
Lake County Board of
INVOCATION AND PLEDGE
Dr. Joe Roberts, from the Orange Avenue Church of Christ in Eustis, gave the Invocation and led the Pledge of Allegiance.
Cadwell reported that the Agenda item that was originally supposed to be on
today’s Agenda regarding the renaming of
Commr. Hill stated that she wanted to add one item to the Agenda under her business regarding an impact fee procedural question and that they may possibly need to take a vote on it.
Commr. Cadwell suggested that they wait and put it under her business when they got to that on the Agenda.
Commr. Renick wanted to point out, under Tab 1, Item No. 8, that since PLAAC (Public Lands Acquisition Advisory Council) money bought the Ellis property, the money for the five acres for the fire station went into PLAAC’s account.
a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved the
Request for approval of the following Budget Change Requests and Unanticipated Resolutions:
1. Budget Transfer - Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Facilities Development Division. Transfer a portion ($244,700) of the approved budget for the Downtown & South Tavares Complex Project #80010 to the South Tavares Government Complex Project #80030. This transfer will facilitate proper tracking of costs associated with the projects.
2. Budget transfer – General Fund, Department of Facilities Development and Management, Facilities Management Division. Transfer $55,673 from Professional Services ($12,000), Utility Services ($24,000), and Repair and Maintenance – Energy Management ($19,673) to Repair and Maintenance – Jail and Sheriff Facilities Maintenance. Additional funds are needed to complete the sealing and painting of the detention center project because the bids came in higher than predicted. Costs increased because a more concentrated building seal product was required to obtain the ten year warranty because the exterior walls were more porous than expected. Professional Services funds will not be needed as testing was less than predicted this fiscal year. Utility Services funds will not be needed because the power cost increases were less than predicted. Repair and Maintenance – Energy Management funds will not be needed because the cost for maintenance and repairs was less than anticipated.
3. Budget transfer – County Fire Control Fund, Department of Public Safety, Fire Rescue Division. Transfer $108,000 from Machinery and Equipment – FI-0705 and $56,502 from Machinery and Equipment – FI-0706 to Operating Supplies ($164,502). Additional funds are necessary for operating expenses through the end of the fiscal year due to unanticipated costs associated with the wildfires, the Fire Assessment Study ($54,000) and the mold mitigation at fire station 76 in Yalaha ($70,000). The purchase of the commercial fuel storage units (FI-0705) and the Gas-boy card readers (FI-0706) has been postponed until Fiscal Year 2009.
Budget transfer – Renewal Sales Tax Capital Projects
Fund, Department of Facilities Development and Management, Facilities Development
Division. Transfer $324,000 from Buildings – PJ-0011 to Buildings – Project
5. Budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Facilities Development Division. Transfer $100,000 from Buildings – PJ-0009 to Buildings – Project 80060 (Cagan Crossings Community Library). Transfer $100,000 related to Purchase Order #25043 from the general tracking account to the project account. Funds are available in the general tracking account. Funds originated in Fiscal Year 2006 and were carried forward into Fiscal Year 2007 in the general tracking account.
6. Budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Facilities Development Division. Transfer $133,679 from Buildings – PJ-0009 to Buildings – Project 80060 (Cagan Crossings Community Library). Transfer $133,679 related to Purchase Order #21484 from the general tracking account to the project account. Funds are available in the general tracking account and will be applied to related expenditures once they have been moved. Funds originated in Fiscal Year 2006 and were carried forward into Fiscal Year 2007 in the general tracking account.
7. Budget transfer – Public Transportation Fund, Department of Community Services, Public Transportation Division. Transfer $179,055 from Reserve for Operations to Contractual Services. Additional funds are needed for the provision of trips for the month of September. Public Transportation has provided approximately 10,000 more trips this year than was initially provided for in the Fiscal Year 2007 budget. Funds are available in Reserve for Operations. After the posting of this transfer, there will no funds left in Reserve for Operations.
8. Budget transfer – Fire Rescue Impact Fee Trust Fund, Department of Public Safety, Fire Impact Fees Division. Transfer $115,000 from Reserve for Operations to Land. Funds are needed to purchase five acres of the Ellis property to be used by the Fire Rescue division for a fire station. Funds are available in Reserve for Operations. After the posting of this transfer, there will be $34,985 remaining in Reserve for Operations.
9. Budget transfer – Facilities Expansion Capital Fund, Department of Facilities Development and Management. Transfer $9,377,096 from Buildings to Land – Project #80020 ($3,021,229) and Buildings – Project 80020 ($6,355,867) (Downtown Tavares Government Buildings). Transfer $9,377,096 from the general tracking account to the project account. Funds will remain in the Facilities Expansion Capital Fund, and are being distributed to project numbers for more accurate accounting.
10. Budget transfer – Renewal Sales Tax Capital Projects Fund, Department of Facilities Development and Management, Facilities Development Division. Transfer $1,288,100 from Buildings to Buildings – Project 80090 (Jail and Prelude Re-roof Project). Transfer $1,288,100 from the general tracking account to the project account. Funds will remain in the Renewal Sales Tax Fund, and will be distributed to a project number for more accurate accounting.
transfer – Parks Capital Projects Fund, Department of Public Works, Parks and
Trails Division. Transfer $13,403 from Reserve for Operations to Improvements
Other Than Buildings. Additional funds are needed for
No. 2007-151 to amend the General Fund in order to receive unanticipated
revenue for Fiscal Year 2006/2007 in the amount of $1,444 deposited into
Emergency Service Fees and provide appropriations for the disbursement for
Office Supplies. Unanticipated revenue was received due to the Division
reviewing Emergency Management Plans of healthcare facilities in
13. Resolution No. 2007-152 to amend the Public Transportation Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $186,386 deposited into Public Transit Block Grant and provide appropriations for the disbursement for Contractual Services. Unanticipated revenue was received from Fiscal Year 2006 grant funding from the Public Transit Block Grant and will be used for transportation services.
14. Resolution No. 2007-153 to amend the Public Transportation Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $59,190 deposited into Public Transit Service Development Grant and provide appropriations for the disbursement for Contractual Services. Unanticipated revenue was received from Fiscal Year 2004 grant funding from the Public Transit Service Development Grant and will be used for transportation services
approval of the Medicaid Waiver Agreement between the Agency for Persons with
Disabilities and the Lake County Board of
Request for approval of the renewal of an agreement with Lake Sumter Emergency Medical Services that will provide a reimbursement of $250,000.00 to Lake County Fire Rescue for providing first response advanced life support for fiscal 2007-2008.
Request for approval of the renewal of an agreement with Lake-Sumter Emergency Medical Services,
Inc. in which
Request for approval to advertise the illicit discharge ordinance for public hearing.
Request for authorization to execute change order
#7 (and final) to the
LIBRARY INTERLOCAL AGREEMENTS
Wendy Breeden, Library Services Director, explained that every three years they
entered into new interlocal agreements with their seven member libraries, which
Commr. Hill inquired about State funding.
Ms. Breeden responded that the State aid grant could fund libraries statutorily up to 25 cents on the dollar for local expenditures, but the highest Lake County had received was 11 cents on the dollar and the highest amount that was received was $445,000 six or seven years ago. She related that since then, their funding has shrunk, and the County received $303,000, which was 4 cents on the dollar. She also noted that there was a proposal to cut State aid by another $5 million during the special session, and if that did happen, they would be down to less than $230,000, which would result in a reduction of the services they provided through that funding.
Commr. Hill asked if it would be beneficial to have the County send a letter to the State legislature.
Ms. Breeden answered that it certainly would be helpful, and she could provide them with the information regarding the legislators on those committees and the local legislators.
Commr. Cadwell stated that he knew it took a long time to get this interlocal agreement drafted, but he thought it was the fairest and best way to do it and that it made business sense.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 7, the Agreement and reimbursement funding formula and execution of Agreements pending execution by member library governing bodies and subject to County Attorney’s approval.
EXTENSION OF AGREEMENT WITH LASER
Ms. Robbie Hollenbeck with the Department of Community Services, on behalf of Mr. Fletcher Smith, requested their consideration of a no-cost extension of their current agreement with LASER (Lake and Sumter Emergency Recover, Inc.), which was currently for April 1 through September 30. She commented that they had done an incredible job of getting themselves organized and had applied for many grants. She related that they had about a $16,500 balance and were requesting that the County extend the agreement through December 31 to permit them to continue organizing and expending the balance of that money. She mentioned that they were currently being utilized over in Eustis after the tornadoes there.
Commr. Cadwell commented that this was something they would need to look at long range, and he was meeting with that group in the next few weeks and planning on discussing with the Board at a workshop the possibility of keeping this group together forever. He thought there was some other ways they could utilize them and other things they could do as a non-governmental entity.
motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a
vote of 4-0, the Board approved Tab 8, a request for extension of the agreement
between the Lake County Board of
CONTRACT RENEWAL WITH SYMETRA
Mr. Barnett Schwartzman, Procurement Director, stated that this item, as well as the one under Tab 11, dealt with insurance issues that were managed by Employee Services.
Ms. Sharon Wall, Employee Services Director, stated that this was to renew and extend their medical excess carrier of stop loss insurance with Symetra. She explained that this was the insurance that covered the County in the case of large claims. She noted that this year they had only had a nine percent increase in rates and that she anticipated less increases next year and over the next couple of years because of better medical management and better discounts on their Blue Cross/Blue Shield insurance. She requested that the Board approve this item.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 9, the contract renewal and new rates with Symetra for the employee medical excess loss insurance through September 30, 2008.
CONTRACT EXTENSION WITH ARTHUR J. GALLAGHER RISK MANAGEMENT
Ms. Wall stated that the increase for this item, which was the contract extension with Arthur J. Gallagher Risk Management Services, Inc., was only .73 percent, which was very small. She further explained that this was for their broker who purchased all of their property liability insurance, such as for Workers Comp and the buildings. She commented that even with the tornadoes this year, they still got an extremely good renewal, which was at an increase of only $8,804. She asked the Board to approve the contract for one year, and they would go out and look at getting a new contract next year to make sure their coverages were the very best they could get.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Tab 11, the contract extension with Arthur J. Gallagher Risk Management Services, Inc. through September 30, 2008.
POLICY AND PROCEDURE REVISIONS FOR LCC-18
Mr. Schwartzman stated that BCC approval of this item would alter the current contract award approval process to require BCC approval to award any one-time contract having a value in excess of $25,000, BCC approval of the initial award of any term and supply contract having an annual value in excess of $25,000, and corresponding adjustments to the current modification approval thresholds granted by the BCC to the County Manager and re-delegated by the County Manager. He noted that the specific adjustments were noted in the implementing guidance which was attached to the agenda item. He further explained that unless specifically directed otherwise by the BCC during the initial award process, all work, task, and purchase orders issued under term and supply contracts would not require BCC approval in advance, and the current term supply quarterly report would be expanded to include contracts having a value in excess of $25,000 and would be amended to report actual expenditures under such contracts on a fiscal year to date basis. He also stated that they had attached a revised purchasing manual under this agenda item, which incorporated all of the policy revisions discussed and implemented related procedural changes and also incorporated other changes that they were in the process of updating anyway, and the revised manual would be officially approved and distributed by the County Manager after the policy revision itself was approved by the BCC.
Renick inquired whether Ms. Cindy Hall,
Ms. Hall responded that she would not be signing off on those items that could be re-delegated to Mr. Schwartzman.
Mr. Schwartzman explained that he would sign off on those awards under $25,000 himself when it was a simple decision, such as awarding to the lowest responsible bidder, but he would go to the County Manager for approval if there was any exception under $25,000 to those rules.
motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a
vote of 4-0, the Board approved Tab 10, a request for approval of policy and
procedure revisions required to support a reduction of
VACATION PETITION NO. 1117 – ARTHUR NEAF – GROVELAND FARMS
Mr. Jim Stivender, Jr., Public Works
Director, stated that Vacation Petition No. 1117 by Arthur and Mary Neaf was to
vacate a right of way in the Plat of Groveland Farms in the Groveland/South
Clermont area, but that he was asking for a postponement today so that they
could clear title to the area south of
The Chairman opened the public hearing.
There being no one who wished to address the Board regarding the postponement, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the request for a 60-day postponement of Vacation Petition No. 1117, Arthur O. Neaf and Mary Neaf, to vacate rights of way, in the Plat of Groveland Farms, in the Groveland/South Clermont area – Commission District 2.
Mr. Brian Sheahan, acting Director of Planning and Community Design, Department of Growth Management, stated that the cases before the Board on the Consent Agenda were Rezoning Cases CUP No. 07/9/1-4, PH29-07-5, and the Voluntary Revocation of Conditional Use Permits listed in Tab 4. He stated that the applicant had requested a 30-day continuance for PH31-07-5 for Akron Meadows, LLC., and that they also had Rezoning Case No. CUP 89/1/4-2 on the Regular Agenda.
REZONING CASE NO. PH31-07-5 –
Commr. Cadwell disclosed that he had been in contact with the property owner of Rezoning Case No. PH31-07-5 about the property, but not about the rezoning.
Commr. Renick disclosed that Ms. Ann Fleshman called her about that rezoning, but she did not talk to her about the details of the project, because she did not realize that it was going to be a rezoning and thought it was a PLAAC item.
Commr. Stewart stated that Ms. Fleshman called her also, but she told her she could not discuss it.
Commr. Hill disclosed that Mr. Rob Kelly spoke to her at a Chamber meeting, but they did not really talk about this case except to note that it was coming up. She was confused, because she also thought it was under PLAAC.
Commr. Cadwell commented that they appreciated the applicant asking for the postponement.
The Chairman opened the public hearing.
Mr. Gary Cooney, attorney for the applicant, stated that he did not have anything to add and that he appreciated the Board’s consideration of this postponement.
There being no one else who wished to address the Board regarding this postponement, the Chairman closed the public hearing.
On a motion by Commr. Stewart,
seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board
approved the request for a 30-day postponement of Rezoning Tab 3, Case No.
REZONING CONSENT AGENDA
The Chairman opened the public hearing regarding the Consent Agenda, which were Rezoning Cases CUP No. 07/9/1-4, PH29-07-5, and the Voluntary Revocation of Conditional Use Permits.
There being no one who wished to address the Board regarding the Consent Agenda, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Consent Agenda as follows:
Tab 1 – Ordinance No. 2007-43
John R. and Mary Ann Beatty
Greyhound Ranch Adoptions
Rezoning Case CUP No. 07/9/1-4
Conditional Use Permit (CUP) in the Agriculture Zoning District to allow for a ranch for retired racing greyhounds for their shelter, medical care, rehabilitation and adoption.
Tab 2 – Ordinance No. 2007-44
Shelbert J. Payne and Judith A. Conner
Rezoning Case No. PH29-07-5
Rural Residential (R-1) to the Estate Residential (R-2) Zoning District to allow for a minor lot split and single-family residential use.
Tab 4 – Ordinance No. 2007-45
Voluntary Revocation of Conditional Use Permits for the following:
CUP No. 87/3/1-1 and CUP# 87A/3/1-1 Michael and Linda King
CUP No. 01/2/1-2 Clark and Joan Cook
CUP No. 87/9/2-4 Linda C. Turner
CUP No. 90/5/5-4 Mary E. VanWinkle
CUP No. 97/12/1-4 Richard and Gail Kelly
CUP No. 97/11/2-2 James and Bristo McGregor
CUP No. 92/4/2-4 Cora Kennedy
CUP No. 98/12/1-2 Daniel Smith & Shirley Whitaker
CUP No. 97/9/3-4 Randle and Chris Swim
CUP No. 89/3/3-4 Patricia E. Martin
REZONING CASE NO. CUP 89/1/4-2 – JOHN AND MARGARET BLIZZARD
Mr. Sheahan stated that this was a revocation of a Conditional Use Permit to essentially clean up the record. He explained that this ordinance was currently null and void, because the conditions in the ordinance required that it be null and void upon the death of Mr. Blizzard or the sale of the property, and both conditions had occurred. He stated that staff would appreciate a motion for approval.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Ordinance No. 2007-46, the Voluntary Revocation of Conditional Use Permit, John and Mary Blizzard, Rezoning Case No. CUP 89/1/4-2.
APPOINTMENT TO IMPACT FEE COMMITTEE
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the appointment of Ms. Carol MacLeod to represent Lake County Schools on the Lake County Impact Fee Committee to complete an unexpired term ending August 6, 2008.
AGREEMENTS REGARDING MEDICAL EXAMINER SERVICES
Mr. Sandy Minkoff,
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved Tab 14, the contract with Dr. John Thogmartin for medical examiner services and the Interlocal Agreement between Marion, Citrus, Hernando, Sumter and Lake Counties for ME Services.
TRANSFER OF SOUTH UMATILLA WATER SYSTEM, INC.
Mr. Minkoff informed the Board that
on September 24, Judge G. Richard Singletary entered an order transferring
South Umatilla Water System, Inc. to
Commr. Cadwell commented that it was a very small system, that they had been talking with the City over the last two years to prepare for the inevitability of that possiblility, and that hopefully Umatilla would step forward and help them with that.
REPORTS – COMMISIONER HILL – VICE CHAIRMAN AND DISTRICT 1
IMPACT FEE WAIVER NOTIFICATION TO PROPERTY OWNERS
Commr. Hill stated that regarding an agenda item for an October BCC meeting, she wanted to offer a procedural suggestion and possibly a request before they heard that case. She explained that the case in question involved 250 property owners, and she requested that the Board give notice to all the parties that were involved in this case so that they could be present for their Commission meeting that day in October. She thought that the attorney involved understood that it was better if the property owners were noticed than if they heard about it later without their input. She commented that usually those kind of waiver cases only involved one or two people, but this one involved a whole unit.
Commr. Cadwell asked Mr. Minkoff about the best way to notify the property owners.
Mr. Minkoff responded that he thought they could get Mr. Robert Williams, the attorney involved in that case, to do that notice for them. He added that they may not use mail notice, but if they could get the developer to commit to notify the people whose lots were involved in some fashion so that they were aware of the meeting, he thought they could work that out.
RURAL AVIATION VILLAGE AMENDMENT
Commr. Hill stated that the Board had postponed an agenda item on August 1 regarding a rural aviation village amendment to give the District Commissioner, staff, and the property owner an opportunity to discuss this case. She wanted to know if that had been resolved yet.
Ms. Carol Stricklin, Growth
Management Director, stated that item was regarding a land use amendment in
POSSIBLE RECREATION FIELDS AT OLD SAND MINE LOCATIONS
Commr. Hill mentioned that they had
previously brought up properties for active recreation in
Commr. Renick stated that she was open to any and every suggestion, and that everything was on the table since they had made the decision that they needed to provide more recreational fields in that area.
Ms. Cindy Hall,
NEXT MARCH OF DIMES EVENT
Commr. Hill related that the March of Dimes would have their second annual chef’s auction in November, which would be their next function.
LIBRARY SERVICES TWENTY-FIFTH ANNIVERSARY CELEBRATION
Commr. Hill congratulated Ms. Wendy Breeden, Library Services Director, on a successful 25th anniversary celebration for the Lake County Library Services Department. She noted that they had actress and author Ms. Victora Rowell and Ms. Jacqueline London with Channel 6 come to the event. She commented that it was very well attended and very well done.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
ADDITION OF ENVIRONMENTAL STUDIES TO CODE
Commr. Renick stated that she wanted to make a motion that would help staff do a more thorough evaluation of any type of zoning application.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board voted to put the discussion of putting an environmental survey in the Code on the Agenda.
Commr. Cadwell commented that they could not do that today, but that they could vote to look into an ordinance regarding that. He noted that they needed to think about what could happen and what kind of cost that would be, depending on what kind of case it was.
Commr. Renick expressed concern that just the consensus to direct staff to look at it and bring back their thoughts to the Board might not result in the desired action, and she thought it would be clearer direction for staff if she put that in a motion.
Commr. Hill noted that they usual had the environmental impacts to the property and surrounding areas included within the report.
Commr. Renick commented that she thought that everything came too late and that the process was already started by the time they saw that. She also stated that she thought it was hard to stop anything at that point, which resulted in all sorts of compromises in terms of the environment.
Mr. Sheahan reported that the Code required them to do a certain level of impact, but it did not require an environmental analysis, and they usually did not do a gopher tortoise survey, a sand skink test, or a habitat analysis.
Commr. Cadwell commented that in their discussion they needed to talk about the cost of those and where there should be a threshold. He directed Mr. Sheahan to look at where thresholds would make sense and get some prices for the charges for those.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board directed staff to bring back language and suggestions to amend the Code regarding environmental surveys.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
EUSTIS TORNADO RESPONSE
Stewart stated that she attended a briefing Friday, September 21, between the
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:48 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK