A REGULAR MEETING OF THE BOARD
MARCH 4, 2008
The Lake County Board of
INVOCATION AND PLEDGE
Reverend Earl Wright, of the
Ms. Cindy Hall,
Mr. Sandy Minkoff,
Mr. Minkoff stated that there was a request to postpone Tab 15 because a full Board was needed due to the difficulty in making a decision regarding the Partial Stipulated Settlement Agreements for the Hart Parcel and the Corbett Parcel.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved to place the proposed Settlement Agreement with J. Malavar Construction Company on the Agenda under the County Attorney’s report.
Commr. Hill asked if the Public Hearing for the Hart and Corbett Parcel Stipulated Settlement should be heard at this time.
Mr. Minkoff stated that they could ask for comments strictly on the continuance.
Commr. Hill asked if anyone would like to comment regarding same.
Ms. Sarah Logan, an Attorney with Gray Robinson, P.A., addressed the Board stating that they represent Mr. Pete Benevides a neighboring property owner in this matter. She commented that they had been reviewing the Partial Stipulated Agreement and had no problem with the Board continuing the matter.
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board agreed to postpone the Public Hearing regarding the Partial Stipulated Agreement for the Hart and Corbett Parcels.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the Minutes of January 29, 2008 (Regular Meeting), February 1, 2008 (Special Meeting), February 5, 2008 (Regular Meeting), and February 5, 2008 (Value Adjustment Board Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board approved the following requests:
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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending January 31, 2008, in the amount of $220,381.56. Same period, last year: $203,669.22.
Annexation Notice by the City of
Request to acknowledge receipt of Notification of Annexation
by the City of
Public hearings for this annexation are tentatively scheduled for February 21, 2008, at 7:00 p.m. and the second reading on March 6, 2008, at 7:00 p.m., in the Eustis City Hall Commission Room, 10 North Grove Street, Eustis, Florida.
Clerk of Courts Semi-Annual Investment Report for FY 07-08
Request to acknowledge receipt of Lake County Clerk of Courts Semi-Annual Investment Report for FY 07-08 dated December 31, 2007.
Meeting Notice – Southwest Florida Water Management District
Request to acknowledge receipt
of Meeting Notice – Southwest Florida Water Management District Governing and
Basin Boards’ Planning Workshop, Tuesday, February 26, 2008, at
Minutes of Meeting - Southwest Florida Water Management District
to acknowledge receipt of Minutes of the Meeting of the Governing Board,
Southwest Florida Water Management District, held in
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved Tabs 3 through 8 as follows:
Request for approval of the following Budget Change Request:
Transfer – General Fund, Department of Public Safety, Animal Services Division.
Transfer $91,170 from Reserve for Operations to Machinery and Equipment
(project 0001) ($81,710) and machinery and Equipment ($10,000). Additional funds are needed for the purchase
of two impoundment vehicles for Animal Services. In September 2007, the Board approved the
addition of $100,000 to the Animal Services budget to hire two Animal Service
officers to handle the County taking over animal services for the City of
Request for the Board of County Commissioners to sign Proclamation No. 2008-30 recognizing National Community Development Week 2008.
Request for approval of the recommendation that the Board (1) declare the items on the submitted lists surplus to County needs, (2) authorize the removal of all of the items on the submitted lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director to sign vehicle titles.
Request for approval of the recommendation that the Board award ITB# 08-0811 for one (1) each ICP Metal Analyzer to Varian in the Amount of $67,421.00.
Request for approval of (1) Modification #1 to Agreement with the State of Florida, Division of Emergency Management, reinstate and extend the Agreement to March 30, 2008.
Request for approval to release a maintenance bond in the amount of $135,503.49 posted for Windsong at Leesburg. Windsong at Leesburg consists of 185 lots and is located in Section 24, Township 20 South, Range 24 East. Commission District 3.
On a motion by Commr. Stivender, seconded by Commr. Stewart, and carried unanimously, by a 4-0 vote, the Board approved Tabs 9 and 10, as follows:
for approval of Interlocal Agreements with
for approval to accept a Non-Exclusive Easement Deed signed by Homes in
Partnership, Inc., for Property Located at
The Vice-Chairman presented the following Employee Awards, with Ms. Susan Irby, Employee Services Manager, commenting briefly about each employee’s service to the County:
Presentation of Award to Employees with Five Years of Service
Amye Fish, Deputy Director/Growth Management (NP)
Richard Sullivan, Mechanic (NP)
Public Works//Fleet Management
Presentation of Award to Employee with Ten Years of Service
Demetri Mouyos, Equipment Operator IV
Environmental Services/Solid Waste Operations
Presentation of Award to Employee with Twenty Years of Service
Laura Nichols, Systems Database Manager (NP)
Public Safety/Communications Systems
Craig Scott, Entomologist/Supervisor
Environmental Services/Mosquito & Aquatic Plant
Held over from January’s meeting
Randy Jones, Battalion Fire Chief (NP)
Public Safety/Fire Rescue
Parks, Recreation and Trails Advisory Board
Jim Myers, Jr. for service from 1991-2007
Commr. Stivender commented that Mr. Myers was being presented with a special plaque for his services over the past sixteen years. She stated that he had been running the program with staff, taking care of all the municipalities as well as the County. She noted that when it came to County projects, Mr. Myers showed no partiality. She commented that before she was elected to the Board, she worked with him as Vice-Chair and that he is a remarkable person.
Mr. Dave Davis, who has recently become Chairman of the Parks, Recreation and Trails Advisory Board, presented Mr. Myers with a football signed by all members of the Advisory Board as well as the Commissioners. He stated that Mr. Myers and Commr. Stivender were the founding members of the Advisory Board and that they appreciated the work they had done.
Mr. Myers then addressed the Board and members of the Parks Advisory Board thanking them for this recognition. He stated that he thought it was time for someone else to take the reigns and felt sure Mr. Davis would do an excellent job. He commented that because of budget cutbacks some of their grant programs were no longer available and hoped that they were only temporarily unfunded. He expressed some of the accomplishments made over the initial 16 years noting that they started Capital Improvement Programs, where they partnered with the cities and also the School Board; completion of many projects for millions of dollars that were leveraged on the ground; and started the summer program with the School Board funding teachers and bringing at-risk kids into an organized environment during that period of time. He again expressed his appreciation to everyone.
Affordable Housing Advisory Committee
Vanessa Bean for service from 2006-2007 (NP)
Hilary Cook for service from 2005-2007
Barbara Cosden for service from 2006-2007
Henryka Presinzano for service from 2004-2007
Children’s Services Council
Marva Turner for service from 2004-2008
Industrial Development Authority
Frank Gammon for service from 2001-2007
Local Planning Agency
David Jordan for service from 2004-2008 (NP)
Sean Parks for service from 2004-2008 (NP)
RESOLUTION AMENDING FY 2008 FEES FOR GROWTH MANAGEMENT
Mr. Doug Krueger, Budget Director, addressed the Board and asked for approval of Resolution No. 2008-31 to amend the Fee Schedule that was adopted as part of the budget in September 2007. He stated that this Resolution would amend and add to Growth Management fees - one to offset the costs of processing prepayments and one to offset refunds. He stated that the prepayment fee would be $20 per lot and the refund would be $40 per lot, with an effective date of March 11, 2008.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved Resolution No. 2008-31 to amend Fiscal Year 2008 Fees for the Department of Growth Management with an effective date of March 11, 2008.
ECONOMIC GROWTH AND REDEVELOPMENT
MASTER AGREEMENT – ECONOMIC DEVELOPMENT OF MID-FLORIDA, INC.
Ms. Cindy Hall,
Commr. Hill commented that she was not sure they should suspend the JGI program especially until after the task force has had a chance to look at and consider it. She stated that their recommendation may be the same. She commented that she was willing to freeze the dollars and not accept any new applications, keeping in mind that they honor those that have gone through the application process. She stated that the Strategic Plan had been adopted and there is a Strategic Task Force that has discussed redefining the role of the IDA asking for some specific business titles, and she felt they could bring that to this particular task force, and let them also make a recommendation also as to what they feel the IDA might go forward with.
It was the consensus of the Board to bring this matter back at a later date.
MULTIPLE AWARD FOR FURNITURE AT UMATILLA HEALTH CLINIC
Mr. Barnett Schwartzman, Procurement Services Director, addressed the Board regarding furniture for the Umatilla Health Clinic. He requested approval of a multiple award to Ernie Morris Enterprises, Commercial Design, Inc., Specialty Office Systems, Inc., and DEMCO, Inc., to provide furniture and installation for the Umatilla Health Clinic, noting that it was a straight bid and the award was to the low bidder by item. He stated further that most of the items went to a single bidder. He mentioned that this item was brought under departmental business primarily due to the dollar value.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board approved a multiple award to Ernie Morris Enterprises, Commercial Design, Inc., Specialty Office Systems, Inc., and DEMCO, Inc., to provide furniture and installation for the Umatilla Health Clinic.
RFP 08-0006 AND RESOLUTION FOR UNANTICIPATED REVENUE
Mr. Barnett Schwartzman, Procurement Services Director, requested approval to award RFP 08-0006 for a $10 million bank loan for alternate funding to upgrade the public safety radio network. Mr. Schwartzman stated that the RFP went out for bid to get the lowest possible rate for the loan and when it was first issued it had multiple options including lines of credit, a bank loan, and loans for various terms. He reported that they received seven responses and at that point they focused on the option of a nine year bank loan. He explained that they requested best and final, and that the request was made after the federal government cut their rate twice; therefore, he thought they got the best possible rate. He recommended approval of the loan.
Ms. Hall mentioned that the bank loan would be supported by the voted one cent sales tax, and that revenue was coming in right now at $11 million. She commented that the County’s portion of the bank loan would be about $1.5 million, making the loan easily affordable since it was the only debt against that sales tax. She noted that the loan would be amortized over nine years and would be paid off within that timeframe.
Commr. Hill asked if there were any other debt obligations towards this sales tax to which Ms. Hall stated there were not. Commr Hill commented that she did not think they could get an interest rate much lower than the 2.92% rate for this loan.
Clark Morris of
Mr. Morris thanked the Board for their indulgence. He reported that he had been working on the 800 MHz communication system issue since July of last year when he realized the County was spending $34 million for its purchase. He stated that he had presented his findings to the Board on December 4, 2007. He reflected back to that presentation stating that he had determined that County staff pushed forward unsupportable sole source procurement for the 800 MHz system. He commented that this was done by writing an RFI so tightly coupled to the system they had currently purchased that all other highly qualified vendors were excluded from the cost and technical bidding process. He remarked that even after letters were sent to the Board asking for an opportunity for another vendor to provide a cost proposal, the County staff would not allow it, and that by some estimations this may have cost Lake County anywhere from $15-$25 million. He referred to his requests at his last meeting with the Board as asking the Board to do three things: (1) put an immediate temporary halt to any further expenditures regarding the 800 MHz upgrade; (2) asked the Board to extend a new RFP open to all vendors, and that this process be administered by a neutral communications consultation to oversee the bidding process and the technical evaluation of all proposals; and (3) asked to transfer the budget oversight for this project to the Sheriff’s Office so that a single elected official could oversee the implementation of this important and expensive project. He reported that the only response he received from the Board was a very long letter from the Public Safety and Procurement Departments which did not provide any acceptable justification for sole sourcing this project to the current vendor, nor did it provide sufficient reasons for not giving the vendor currently supplying the entire State of Florida with advance high quality 800 MHz radio service a chance to bid. At the present time he stated that he was asking the Board not to authorize this $10 million bank loan from Wachovia Bank to pay for any 800 MHz communication system costs and requested a Resolution from the Board to direct the County Attorney to terminate for convenience the present contract with the current 800 MHz vendor and reissue an RFP for the system. He asked that at the re-issuance of the RFP it should be stipulated that all properly presented RFPs would be evaluated by a neutral third party consultant and not by County staff. In closing, he stated that he would not be here if he did not truly believe they could get a superior radio system for much less money. He mentioned that the County was $20 million in the hole with Amendment 1 passing and that this $10 million loan would put them down even more. He asked that the County purchase a radio system correctly and save those millions for other things the County needs and must have.
Mr. Schwartzman responded by stating that the long letter from Public Safety and Procurement that Mr. Morris referred to contained great detail and a large amount of proper rationale explaining exactly what they did, how they did it, and why they did it. He would suggest that they did take a very tailored, specific and serious approach. The one thing that concerned him the most about Mr. Morris’ comments was that although he agreed with the fact that it was a lot of money and that the system was needed, he stated that they did issue that RFI and rather than what Mr. Morris indicated, he believed it described their functional requirements in very clear, succinct, and open terms. He stated that they had a dire need to communicate with every first responder to an accident scene or other incident. Given that, he commented that they did have a requirement that indicated the need for full inner operability with the majority of the existing systems surrounding them. He explained that the RFI begged for anybody who could provide that inner operability capability to respond and that they had responses from only two firms. He commented that one of the firms indicated, and proved very clearly, that they could provide the inner operability being requested. He reported that unfortunately, the second offer did not prove in any way, shape, or form that they could provide the direct inner operability they felt was needed, and this was the rationale presented. He stated they did conduct a full and open competitive RFI, issued it to everybody they knew who could provide the service theoretically, performed a great deal of market research and tried to find anybody else who could do this. He mentioned that they went as wide as possible trying to find anybody, but they proceeded with the one and only vendor that could meet the requirement of inner operability. He mentioned that the pricing for like items, the radio gear and some other items that were listed in the competitively awarded contract by another county were used as a guideline for the pricing and when negotiating they were told not exceed any pricing in that competitively awarded contract. He explained that it was very much their solid opinion that given the marketplace there was one vendor who could meet the functional needs they described. The RFI did not include anything that would restrict the competition other than in terms of style, or operational or actual equipment, and it might have turned out restrictive because of the operational requirement, but that was the only thing that was in there.
Stewart stated that she really had to defend Mr. Kaiser and Mr. Schwartzman
because when Mr. Morris first made his allegations to her, she was on his
side. She stated that she thought that
they may have made an error and she started investigating on her own. She reported that she met anonymously with
everybody involved so they could speak openly and freely with her. She explained that the system was very
expensive, but law enforcement and
Commr. Renick stated that they were confident Motorola would be able to do everything that they expected, and in the future they could only hope to look back on what a great decision this had been and hopefully there will not be any problems with the system. She commented, however, that the question here was whether or not the process was open. She stated that it would have been nice to have ten companies step up, but by the time they eliminated those based on what was needed, they decided on Motorola and that was approved in September. She stated that this was not an easy decision for anyone, especially with the cost of this radio system. However, it was also one of those decisions where interestingly enough it may be the first time that all the Public Safety entities in Lake County, Police Department, Sheriff Department, and Fire Departments, thought that the County must have this coverage.
Commr. Hill stated that this was the first time, in her memory, that this had been done countywide and that everyone signed in on it. She commented that it was a large amount, but they were covering bases that they had not previously been covered. She mentioned that they were able to come up with three-quarters of the money, and that because of legislative cutbacks the $10 million loan was needed.
Mr. Minkoff asked that the motion reflect authority for the Chairman or Vice-Chairman to sign the necessary documents when they have been prepared.
Commr. Stivender commented that Commr. Renick stated that
the communication system was for the safety of the employees, and for the
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously by a 4-0 vote the Board approved to award RFP 08-0006 for a $10 million bank loan; authorized the County Attorney to prepare the appropriate loan documents for the Chairman’s signature; and approved Resolution No. 2008-32, amending the Lake County General Fund in order to receive Unanticipated Revenue for Fiscal Year 2007/2008 in the amount of $10 million from a bank loan to fund the 800 MHz Radio Network and provide for the appropriation of funds.
IMPACT FEE COMMITTEE – APPOINTMENT OF CITIZEN-AT-LARGE
Commr. Hill stated that there was a newly added citizen-at-large position on the Impact Fee Committee. She stated that two people had submitted applications, one of which was a new Assistant State Attorney.
A discussion ensued whereby Commr. Stivender stated that she would like for Mr. Ralph Smith to be on the committee.
Commr. Hill stated that she thought it would be nice to have Mr. James Argento, who is new in the area and that his background reflected that he had been very involved in his community in the past.
Commr. Stewart stated that she thought that because Mr. Smith was such a part of the community and had been for such a long time, that he would be excellent. She stated that she was very impressed by Mr. Argento and that he had a great educational background at FSU law school.
Commr. Stivender stated that Mr. Smith was in her District and she would like to have him involved in the community in the future.
On a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously by a 4-0 vote, the Board approved the appointment of Mr. James Argento, from District 4, to the citizen-at-large position on the Impact Fee Committee effective March 11, 2008, to complete a term ending August 6, 2008, and to serve a consecutive two-year term.
APPOINTMENT OF REPRESENTATIVE
Commr. Hill stated that the Lake County Conservation Council nominated Ms. Marie Kiser to represent them on the Lake County Impact Fee Committee, noting this was an appointed seat.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously by a 4-0 vote, the Board approved the recommendation to appoint Ms. Marie Kiser to represent the Lake County Conservation Council on the Lake County Impact Fee Committee to complete an unexpired term ending August 6, 2008, and to serve a consecutive two-year term.
SETTLEMENT AGREEMENT BETWEEN
Mr. Minkoff stated that the
Board previously rejected a Settlement Agreement between
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a 4-0 vote, the Board approved the Settlement Agreement between Lake County and J. Malavar Construction Company regarding completion of the South Lake Trail/Lake Minneola Trail, Phase II, after removing the $20,000 compensation payment to the contractor.
PLAAC PROCESS – MARCH 25, 2008
Mr. Minkoff reported that the PLAAC Process had originally been scheduled for March 18, 2008. However, one of the Commissioners will be unable to attend and after speaking with the Chairman, he suggested scheduling it for the last meeting of this month, the Zoning Meeting on March 25, 2008. He stated that the applicants would be notified of the rescheduled date.
MASCOTTE ANNEXATION PETITION
Mr. Minkoff stated that after
speaking with Commr.
BUDGET WORKSHOP – MARCH 7, 2008
WORK SESSION – MARCH 11, 2008
Ms. Cindy Hall, County Manager, stated that on March 11, 2008, at 9:00 a.m., a Work Session is scheduled which includes Fire Assessment Fee Study, Water Discussion, the Downtown Tavares Project and the Noise Ordinance.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
ECONOMIC DEVELOPMENT STEERING COMMITTEE
Stivender reported that as the NACO Representative for the Economic Development
Steering Committee she had attended their meeting yesterday in
Commr. Stivender reported that childhood obesity is a major issue due to low cost fast food as opposed to obtaining food from a health food store at a higher price. She commented that low income families purchase fast food to save money which in turn attributes to bad health.
Stivender stated that as a member of the Florida Healthy Kids Board she
REPORTS – COMMISSIONER RENICK – DISTRICT 2
Renick reported that the Ibini Tera project was a huge success and that
nineteen thousand pounds of debris had been removed from the participating
lakes. She stated that she was happy
Commr. Stivender commented that it was important to make sure those people who Adopt-a-Lake do, in fact, take care of it. She stated that on the Adopt-a-Road project there is a sign on the particular road that says a certain group would take care of it, but they still have prisoners go out and clean up the roads because they are not cared for. She stated they need to make sure the lakes are cared for once someone adopts them.
Commr. Renick suggested that if the adopted lake was not cared for then the signs indicating the names of the group who adopted the lake should be removed to prevent them from getting credit for something they were not doing.
REPORTS – COMMISSIONER HILL – DISTRICT 1
Hill reported that Commr. Cadwell is in
CITIZEN QUESTION AND COMMENT PERIOD
Roy Hunter, representing the Northeast Lake Chamber of Commerce, addressed the
Board to notify them of the Chamber’s meeting to be held at Spring Creek
Elementary Cafeteria, on March 13, 2008, at 6:30 pm. He noted that Commr. Hill would be a guest
speaker in Rebuttal to Niagara Bottling, LLC, and that Mr. Ron Moore, Branch
Manger, Paisley Library, would present an update on library service and
outreach. Mr. Hunter also mentioned that
the Easter Bunny would be at the
Hunter commented that he passed on some information that an anonymous gentleman
gave him which he verified with Frank Royce.
He stated that he heard constantly that Niagara Bottling spent $15
million and that all corporations are separate entities and that Niagara
Bottling did not spend $15 million, but rather American Way, LLC did. He stated that
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:50 a.m.
WELTON CADWELL, CHAIRMAN
NEIL KELLY, CLERK