A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

JUNE 3, 2008

The Lake County Board of County Commissioners met in regular session on Tuesday, June 3, 2008, 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: Commissioner 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; Neil Kelly, Clerk of Court; Barbara Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION AND PLEDGE

Reverend Dr. Isaac Deas from Our Father’s House in Leesburg gave the Invocation and led the Pledge of Allegiance.

AGENDA UPDATE

Commr. Cadwell stated that there were a lot of questions regarding Tab 26 that he did not anticipate, and he pulled that until he could meet with the people who had questions and see what the outcome would be.

Ms. Cindy Hall, County Manager, stated that she needed to add a project number to Tab 3, Item 2 regarding Air-Pak breathing systems, which was Project No. 21006.  She also wanted to pull Tab 10 and add it on to the Departmental Agenda, which was a Public Works item on annexation of roads, because there were some questions regarding that.

Mr. Sandy Minkoff, County Attorney, stated that he wanted to add a discussion of the PLAAC purchase for Akron Meadows under his business, and he thought it might take a Board vote.

On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board moved to put the Akron Meadows item on the Agenda under the County Attorney’s business.

MINUTE APPROVAL

            On a motion by Commr. Stivender, seconded by Commr. Renick, and carried unanimously by a 5-0 vote, the Board approved the Minutes of May 6, 2008 (Regular Meeting), as presented.

            CLERK OF COURTS’ CONSENT AGENDA

On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, 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.

Monthly Distribution of Revenue - Traffic/Criminal Cases

Request to acknowledge receipt of Monthly Distribution of Revenue for Traffic/Criminal Cases, for the month ending April 30, 2008, in the amount of $187,562.13.  Same period, last year:  $186,448.11.

Pine Island Community Development District Budget for FY 2009

Request to acknowledge receipt of Pine Island Community Development District’s Proposed Budget for Fiscal Year 2009, in accordance with Section 190.008(2)(b) of the Florida Statutes.

Annexation Ordinance from the City of Umatilla

Request to acknowledge receipt of copy of the following Annexation Ordinance from the City of Umatilla:

Ordinance No. 2008-G extending and increasing the corporate limits of the City of Umatilla, annexing property consisting of approximately 110.7 acres owned by Lakeview Terrace Retirement Services, Inc., located north of Keene Road, south of CR 42 and west of Altoona Road, and which includes 52 buildings and 337 residents as of December 31, 2007.

            Notice Before the Florida Public Service Commission

Request to acknowledge receipt of Notice Before the Florida Public Service Commission, in re: Application for increase in water and wastewater rates in Lake County, by Lake Utility Services, Inc.; Docket No. 070693-WS; Order No. PSC-08-0308-PCO-WS; Issued: May 12, 2008.

Order Suspending Proposed Final Rates and Granting Interim Rates Subject to Refund.

Any party adversely affected by this order, which is non-final in nature, may request (1) reconsideration within 15 days, pursuant to Rule 24-22.060, Florida Administrative Code, or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas, or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility.  A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.060, Florida Administrative Code.

            Country Club of Mount Dora Community Development District Budget for FY 2009

Request to acknowledge receipt of Country Club of Mount Dora Community Development District’s proposed Operating and Debt Service Budget for Fiscal Year 2009, pursuant to Chapter 190.008(2)(b) of the Florida Statutes and the notice of the public hearing for same scheduled for Thursday, August 14, 2008, at 8:30 a.m. at the County Club of Mount Dora Community Center.

            COUNTY MANAGER’S CONSENT AGENDA

            Commr. Renick stated that she wanted to pull Tabs 5 and 12.

On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Tabs 3 through 16, pulling Tabs 5, 10 and 12, as follows:

Budget

Request for approval of the following Budget Change Requests and Unanticipated Revenue Resolution

Budget Transfer – Fire Services Impact Fee Trust Fund, Department of Public Safety, Fire Rescue Division. Transfer $220,000 from Buildings – Lake Jem, Station 78 (Project 70010) to Buildings – South Clermont, Station 110 (Project No. 70013). The Board of County Commissioners approved the opening of the South Clermont Fire Station 110. This station must be renovated prior to staffing. Funds are available from the Lake Jem Station 78 project as the final costs associated with the completion of that station are less than originally projected.

Budget transfer – County Fire Rescue Fund, Department of Public Safety, Fire Rescue Division. Transfer $463,750 from Repair and Maintenance to Machinery and Equipment. Fire Rescue was awarded a grant through the Fiscal Year 2007 Assistance to Firefighters Grant. The funds were placed in Repair and Maintenance. The Air-Pak breathing systems (Project No. 21006) being purchased are new and need to be purchased from the Machinery and Equipment account line. Funds are available in Repair and Maintenance.

Resolution No. 2008-82 to amend the General Fund in order to receive unanticipated revenue for Fiscal Year 2008 in the amount of $18,447 deposited into Emergency Medical Services and to provide appropriations for the disbursement for Aids to Governmental Agencies.  Unanticipated revenue has been received from the Florida Department of Health, Bureau of Emergency Medical Services.

Community Services

Request for retroactive approval to apply for a National Endowment for The Arts Challenge America Fast-Track Grant in the amount of $10,000 for the Lake County Library System Annual Festival of Reading and approval to allow Lake County Library Services Director to sign all applicable grant documents.

            Employee Services

            Request to advertise changes to the positions designated by Lake County for inclusion in the Florida Retirement System (FRS) Senior Management Service Class. These changes include removing the title of the position of Medical Examiner, and adding the title of the position Conservation & Compliance Director. Other changes include the name changes of Employee Services Director and Environmental Services Director to Employee Services & Quality Improvement Director and Environmental Utilities, due to added responsibilities of each position. The advertisements will run in the Orlando Sentinel newspaper on Saturday, June 7th and Saturday, June 14th.

            Procurement

            Request for approval of "piggybacking" a State of Florida Contract 075-490-07 for a four post 60,000 pound mobile lifting system to Automotive Resources in the amount of $34,316.64.

            Request for approval to (1) declare the items on the attached lists surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.

Request for approval to declare the mobile home surplus to County needs and approve donation to LASER.

            Public Works

            Request for approval for “After the Fact” permission for the County Manager to sign the attached Cost Share Agreement with St. John’s River Water Management District for drainage improvements on Acorn Road (3658).  Commission District 5.

            Request for approval and execution of a purchase agreement with Corbin and Bethyal Knox, and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, for property within the Forest Hills/Lake Mack Flood Buy Out Program. Commissioner District 5.

            Request for approval and execution of an amended purchase agreement with the Lady Lake Cemetery Association, Inc. for right of way needed for the CR 466 Road Widening Project. Commission District 5.

            Request for approval and execution of a purchase agreement with Curtis and Carmen V. Morrison for right of way, and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the South Dewey Robbins Road Paving Project located near the Howey-In-The-Hills area. Commission District 3.

            Request for approval and execution of a purchase agreement with Richard J. and Mickola L. Jennewine, for the purchase of this parcel of land, in conjunction with the CR 470/48 Road Project in the Leesburg area. Commission District 3.

            Request for approval and execution of a Termination of Easement and an Amendment to Easement Agreement with PDG/Inland Tuscany Village Ventures in conjunction with the South Clermont Connector Project (now known as Hammock Ridge Road). Commissioner District 2.

            COUNTY ATTORNEY’S CONSENT AGENDA

            Mr. Sandy Minkoff, County Attorney, stated that he wanted to pull Tab 19 and reschedule it so that the property owner could get all their permitting in order before they entered into the settlement agreement.

            On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board moved to pull Tab 19 from the Agenda.

            On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 18, which was a request for approval to advertise the Ordinance to amend Section 14.17.07 LDR’s (Land Development Regulations.)

            Commr. Renick asked Mr. Minkoff how the property owners would know to file a request for relief.

            Mr. Minkoff responded that the special master language was both in the Florida Statutes and in the County Code, and in cases where the Growth Management Department felt it was warranted, they regularly recommended using that process.  He explained that in this case, because they issued hundreds of approvals and the notification was not being put on every single approval, the property owner appealed the Code Enforcement violation on the grounds that he did not get that notice, and the Circuit Court stated that the County needed to redo the Code Enforcement because of that.

            PRESENTATION – FLORIDA SUMMER LEAGUE’S WOODEN BAT DIVISION

            Mr. Greg Mihalic, Tourism and Business Relations Director, introduced the two Lake County teams in the Florida Summer College Leagues, also known as the Wooden Bat League and commented that it gave collegiate athletes an opportunity to play baseball during the summer using wooden bats that were used in the major leagues.  He added that this was partially funded by major league baseball, and there were six teams within the Central Florida area in this conference.  He explained that it was a national program that has been in the State of Florida since 2003.  He stated that this was the second year for the Leesburg Lightning team, which won the championship last year, and this was the inaugural year for the Clermont Mavericks.  He related that there were representatives from both teams there that would speak about their team.

            Mr. Bruce Ericson, President of the Leesburg Lightning, stated that they were very fortunate last year to not only win the championship, but also to draw over 15,000 people to their 20 home games.  He related that they had over 300 people show up for their Meet the Players barbeque last Saturday, May 31 and that the support they have received has been phenomenal.  He reported that their season would open Wednesday, June 4, in Sanford, and they would be at Clermont’s inaugural game on Thursday and then at their home opener at Pat Thomas Stadium on Friday.  He was excited about the highlight of the United States Military All Stars appearance on July 4 with the fireworks following the game, and he mentioned that the admission to the games was free.  He also noted that the players were very involved in the community and that the whole league was teamed with the Boys and Girls Club this year, as well as participating in the reading program at the Leesburg Library.

            Mr. Jon Bolt, a Leesburg Lightning pitcher who pitched in the championship game last year at Tropicana Field, noted that even though he has gotten a lot of offers from a lot of other summer leagues from different parts of the country, he had made the decision last year to come back, in part due to the amazing fan support that they received in Leesburg.

            Mr. Darryl Blackall, General Manager of the Clermont Mavericks, stated that they would open up against the Leesburg Lightning team, who were the champions from last year, Thursday night, June 5.  He commented that they had a lot of young men in Central Florida who have left the area to play baseball at Division 2 schools all across the country and who wanted to come home during the summertime.  He stated that this gave them a place to improve their skills and to try to move their game to the next level and that this league gave these young men an opportunity to be seen by pro scouts and a four year school if they were a junior college player.  He reported that they would play all their home games at East Ridge High School, which had a field that was in phenomenal condition.  He added that Radio Disney would be at the first game to entertain the young people before the game and that they would have a ribbon cutting ceremony to commemorate their first season.  He thanked Mr. Mihalic for all his effort and support of them and for the use of his website to distribute information about the league.  He also mentioned that admission to their games was free as well.

EMPLOYEE SERVICE AWARDS

The Chairman presented the following Employee Awards, with Ms. Kasie McAdams, Employee Services Manager, commenting briefly about each employee’s service to the County:

Presentation of Award to Employees with Five Years of Service

James Arends, Welcome Center Worker (not present)

Tourism & Business Relations

Cynthia Hall, County Manager

County Manager’s Office

Joseph Jackerson, Firefighter/EMT

Public Safety/Fire Rescue

Presentation of Award to Employees with Ten Years of Service

David Berger, Area Maintenance Supervisor

Public Works/Road Operations/Maintenance Area II

Vera Collins, Office Associate III (not present)

Community Services/Agricultural Education Services/Cooperative Extension Service

Melanie Marsh, Deputy County Attorney

County Attorney’s Office

Presentation of Award to Employees with Twenty Years of Service

Richard Hartenstein, Senior Planner

Growth Management/Planning & Community Design

Donnie Prevatt, Energy Maintenance Technician

Facilities Dev. & Management/Facilities Management/Energy Management

Vicki Runninger, Senior GIS Analyst

Information Technology/GIS

Presentation of Award to Employee with Twenty Five Years of Service

William Hechler, Plans Examiner II

Growth Management/Building Services

BOARD/COMMITTEE CERTIFICATE PRESENTATIONS

Affordable Housing Advisory Committee

Rose Kenna for service from 2007-2008 (not present)

Board of Adjustment

Henry Wolsmann for service from 2001-2008

Board of Building Examiners

Robert Woodward for service from 2006-2008

            Children’s Services Council

Jay Marshall for service from 2003-2008

Comprehensive Health Care Committee

David Batman, CFP, for service from 2005-2008 (not present)

Philip Braun for service from 2005-2008

Jonathan M. Cherry for service from 2000-2008 (not present)

Kenneth Cohrn, D.D.S., for service from 1998-2008 (not present)

R. J. (Bob) Fegers for service from 2006-2008

Annacelia Gander, M.P.A., R.N. for service from 2001-2008

Shelly C. Glover, M.D., for service from 2006-2008 (not present)

Linda Graver for service from 2006-2008 (not present)

Tom Grimmer for service from 2005-2008 (not present)

Fredric W. Holland for service from 2005-2008 (not present)

Pat Lehotsky for service from 1998-2008 (not present)

Leslie Longacre for service from 1999-2008 (not present)

Becky Longanecker for service from 2001-2008 (not present)

Jay Marshall for service from 1994-2008

Ken Mattison for service from 1999-2008

Susan Moore for service from 2003-2008 (not present)

Linda Nagle for service from 2007-2008

Kathy Schlachter for service from 2005-2008 (not present)

Joni Smith for service from 2005-2008 (not present)

Pam Steinke, R.N., M.A., for service from 2005-2008

Dr. Margaret “Maggie” Wacker for service from 2004-2008 (not present)

Mark Williams for service from 2001-2008 (not present)

Duane Zimmerman for service from 2003-2008 (not present)

Historical Museum Advisory Committee

Carol Coggshall for service from 2005-2008

Cele Heald Oldham for service from 2002-2008 (not present)

Human Services Grant Advisory Committee

Pam Steinke, R.N., M.A., for service from 2006-2008

Industrial Development Authority

Billy Spikes for service from 1993-2008

Library Advisory Board

Karen Howard for service from 2002-2008 (not present)

Elaine McLaughlin for service from 2006-2008 (not present)

F. J. “Rick” Rodrick, Sr. for service from 2005-2008 (not present)

Local Planning Agency

Sean Parks for service from 2004-2008 (rescheduled from March 4, 2008)

Mt. Plymouth-Sorrento Planning Advisory Committee

Tim Bailey for service from 2004-2008 (not present)

Minnie Bollar for service from 2004-2008

Betty Ann Christian for service from 2004-2008

Clark Morris for service from 2006-2008 (not present)

Jeff Richardson for service from 2006-2008

Scott Taylor for service from 2004-2008 (not present)

PRESENTATION

RECOGNITION OF BARRY BARNETT FOR DONATION OF ART PIECES FOR

UMATILLA CLINIC

Ms. Pam Steinke, R.N., M.A., Administrator of the Lake County Health Department, stated that Mr. Barry Barnett was an artist of international note, whose works hang in private, commercial, and institutional collections in 28 countries.  She noted that his contributions towards environmental and humanitarian concerns have been recognized by state and national leaders and that he has contributed his works to benefit medical research and patient care, including his most recent donations of several hundred thousands of dollars in fine art to over 21 Department of Health clinics.  She commented that they were thankful to Mr. Barnett for his beautiful works that they would be putting in their new clinic in Umatilla this afternoon and that the ribbon cutting would be on Thursday.

Mr. Barnett related that they have topped contributions for 40 health clinics throughout the state, with the goal to do every health clinic in the state free of charge.  He mentioned that he received inspiration to give back to the community from his mother, who was a health care worker and who has worked with him from the beginning.  He pointed out some of the pieces which were displayed, including Egrets of Astor Crossing and Easy Pickings, both subjects taken from local wildlife, as well as one depicting one of the four bears residing on his property.  He also hoped that these paintings would belong to the people of Lake County and not to the State.  He presented the Lake County Health Department’s clinic in Umatilla with those paintings with an expression of appreciation to the Board for the caring they have shown to the people in need of help.  He also expressed appreciation for the County health care givers.  He made an additional presentation of a work called Excellent Nature to the past, present, and future Lake County Sheriff’s Department, stating that as an artist he had a chance to work with many militaries and police forces as an observer, and he very rarely found those that were dedicated to the point where their management skills were able to be seen from top to bottom as they had been in this County’s Sheriff’s Department.  He complimented Sheriff Gary Borders on the courtesy and attention to detail of his deputies.

Sheriff Borders commented that they were successful in Mr. Barnett’s community because of his involvement in his community.   He stated that he worked well with them, illustrating that it took the community to stand together to help them keep it safe, which is what they stressed throughout the County. 

Commr. Cadwell invited everyone to the ribbon cutting at 9:00 a.m. on Thursday, June 5 at the new health department in Umatilla.

PRESENTATION – JUNIOR ACHIEVEMENT OF LAKE COUNTY

Ms. Cathy Sleaford, Director, Junior Achievement of Lake County, thanked the School Board for their role in promoting the partnership between Junior Achievement and the schools and commented that the support that they have given them has been tremendous and allowed them to do what they do.  She initially gave some statistics about the large amount of debt and lack of financial knowledge of many teenagers, as well as statistics regarding the financial consequences of the high school drop-out rate.  She commented that economic education was critical for economic development and our community’s future.  She explained that Junior Achievement (JA) was the leading non-profit provider of business and economic education programs for school-aged students and was a partnership between the business community, educators, and volunteers to inspire young people to reach their potential and to become successful by teaching business, entrepreneurship, workforce readiness, and personal economics.  She reported that Junior Achievement was founded in 1919 and that it had a history of performance, including greatly increasing the high school graduation rate for those having at least three JA experiences and resulting in more positive attitudes and greater career aspirations than comparison students.  She also noted that students also learned from JA how to relate to a future career, to value education, positive work ethics, leadership skills, and cooperation, as well as gaining the realization that the community cares about them.

Ms. Sleaford related that the delivery of their programs in Lake County began in the mid-1990’s with local grants, but in 2002 they took a new direction by looking at the needs of the community and determining that their focus needed to be in middle and high school.  She emphasized that their programs were currently presented to every fifth and eight grade student and offered to every ninth grade class, but that half of the elementary schools still have the elementary programs in second through fifth grades.  They also have developed a new summer program called Career Connections to focus on high school work force readiness, which was a week-long conference type program in which students get the opportunity to job shadow two customized jobs in addition to learning other readiness skills, and they also provided programs for Kids College, Upward Bound, and the Boys & Girls Club.  She reported that their program has had an 83 percent growth rate over the last five years and that there were currently 310 volunteers teaching the JA programs to 12,643 students, with the involvement of 125 Lake County businesses.  She specified that they have spent $203,000 to implement their programs for the 2007-08 school year, which came out to $15 per student.  She emphasized that they knew that JA worked, because they measured their results by having independent evaluations performed by outside agencies and giving the students pre and post tests to measure what they have accomplished; they also surveyed the students, teachers, and volunteers, which indicated that students showed an increased awareness of business by the end of the day, participation of students which exceeded expectations, and that the materials were appropriate and followed the Sunshine State Standards.  She stated that additionally the students agreed that JA showed them different ways to accomplish their goals and taught them things about the real world and how to make the right decisions that were critical to success.  She pointed out that they did not ask for funding from the schools or any government agency, but their donations came primarily from corporate donations, private and individual grants, and special events, with three percent of their donations coming from individuals.  She talked about implementing more JA programs and after-school programs in the future, reaching an increased number of students, and developing an Academy of Learning to focus on workforce readiness, financial literacy, and entrepreneurship.  She opined that JA was the bridge between the business world, the real world, and the educational world.

Commr. Stewart commented that as a former teacher, she had JA come into her classroom at every opportunity and wanted to reinforce the fact that this was an excellent program.  She added that the students loved it, that it opened their minds to a new way of looking at their future, and that they learned so much.  She opined that any investment put into JA would result in good returns for the County.

Commr. Cadwell stated that School Board Member Cindy Barrow, who was a strong supporter of JA along with the rest of the School Board, regretted that she could not be there for this presentation due to a scheduling conflict.  He noted that the School Board has expressed their strong commitment to Junior Achievement and helping it grow and commented that the Board needed to be a partner also.

Ms. Sleaford opined that the Lake County program was unique as to how they delivered the JA program because of the School Board and Superintendent support, which allowed them to offer it to every student in the County.

RECESS AND REASSEMBLY

At 10:05, the Chairman announced that there would be a ten-minute recess.

COUNTY MANAGER’S DEPARTMENTAL BUSINESS

PUBLIC WORKS

INTERLOCAL AGREEMENTS WITH CITY OF MOUNT DORA

Mr. Jim Stivender Jr., Public Works Director, stated that Tab 10 was regarding some annexations and explained that about six months ago, the police departments of both Eustis and Mount Dora discussed with the County their patrolling efforts and the fact that drivers had been using some city roads as shortcuts coming to and from Orlando.  He mentioned that the city was also trying to respond to some of their residents that were concerned about a speeding problem in that area.  He pointed out that there was no transfer except for Niles Road in the process of the annexations, but this would be done primarily for patrolling purposes and securing speeding in the area.

Commr. Stewart was concerned that the citizens living along those roads would have some concerns, and she confirmed with Mr. Stivender that by doing this, it could not be used for any further annexations.  She also understood that this was strictly to ensure better safety on the roads so that Mount Dora was able to respond when there was a problem.

Mr. Sandy Minkoff, County Attorney, explained that it did not mean that there might not be annexations in the area, but it would be when they were contiguous by means other than these roads.

Commr. Stivender asked if there was a discussion of who was going to maintain those roads.

Mr. Stivender stated that there was a change in State law in 1993 when it came to transfer of roads basing it all on mutual agreements, but the dilemma was the condition of the county road at the time of transfer.  He noted that they were working on using impact fees to make improvements to Britt Road, and after they brought it to a certain level, they would ask the city if they would accept the transfer of it.

On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 10, the request from Public Works for approval and execution of the Interlocal Agreements and City Annexation Petitions with the City of Mount Dora for the annexation and transfer of jurisdiction and maintenance for a portion of a county maintained roadway known as Niles Road; also for annexation only of portions of Britt Road, CR 19A, Old Highway 441, Wolf Branch Road, and Round Lake Road.

COMMUNITY SERVICES

MEMORANDUM OF UNDERSTANDING WITH LIFESTREAM

Commr. Renick had some reservations about Tab 5, which was for approval of the Memorandum of Understanding between LifeStream and the County for implementation of the Criminal Justice, Mental Health and Substance Abuse (CJMH&SA) Reinvestment Grant, in light of the current budget situation.  She was concerned that they would not be able to put this study to use once it was completed due to funding concerns and pointed out that they already had the pre-booking crisis intervention training in place.  Even though she thought this would be a very good program, in light of the limited amount of money that was currently available for community services, they did not want to do away with any of the programs they had in place now.

Mr. Fletcher Smith, Community Services Director, explained that the local match was already budgeted and that the Memorandum of Understanding with DCF (The Department of Children and Families) was approved about a month and a half ago.   He clarified that this was simply to execute an agreement with LifeStream to cover their cost for doing the work.

Commr. Cadwell commented that he thought that this would be a plan that would have a rational application to it and would end up saving the County money that was currently being spent in the jail budget.

Mr. Smith reported that the Public Safety Coordinating Council was planning to do a presentation on June 17 on the Jail and Justice System Assessment.   He pointed out that although the County Jail had 986 beds, they had a daily average population of over 1100 people, and once they reached a threshold of 776 beds, they were overcrowded.  He explained that this was the first step in developing programs that could identify people in jail that might be there because of mental health or substance abuse problems that would do just as well outside the jail in treatment programs to alleviate some of the overcrowding.  He noted, however, that this would not prevent another jail from being built in the future, but it would hopefully delay that issue.

Commr. Renick stated that she understood that, but she thought that they had to get more people trained in the pre-booking crisis intervention training that the County already had rather than spending money to have another study done.

Mr. Smith added that LifeStream was providing training to law enforcement officers out in the community to try to look at what was causing criminal behavior, which diverted a lot of people from the jail to LifeStream already.

Mr. Minkoff pointed out that this grant was part of a two-step grant process, and they could not apply for the actual implementation monies until they did this first study.

Commr. Hill stated that this would be a continuation of the programs they already had in place, and this would help with implementing the next step to see what programs would be the most viable and how much value there would be to the matching money.

Commr. Cadwell commented that this money would give them leverage to possibly receive $300,000, even though they might not spend that much over three years.

On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved Tab 5, the request from Community Services for approval of the Memorandum of Understanding between Lake County and LifeStream Behavioral Center for implementation of the CJMH&SA Reinvestment Grant.

PUBLIC WORKS

ADVERTISEMENT FOR BIDS FOR DEWEY ROBBINS ROAD PROJECTS

Commr. Renick expressed concern that the Dewey Robbins Road projects listed in Tab 12 were not shown on the 2008-2012 Transportation Construction Program, and she commented that it was a rural area with only a few homes.  She related that they paved part of it, and this was for the part that was left, which was about a mile or a mile and a half.  Even though she thought it was a horrible road, she also did not understand why impact fees would be used for this project.

Commr. Stivender pointed out that it was not done before, even though it had been listed on previous programs, because they did not have the right of way.

Commr. Cadwell also noted that the prices were different at that time.  He explained that the impact fees were collected in the benefit district and not particularly for a specific road or project and commented that these roads were collector roads.

Commr. Renick stated that she was concerned it would be putting traffic through a very rural area.

Commr. Stivender also stated that they have had continuous complaints about the road because the school buses had not been able to get down that road to pick up the children.

Commr. Cadwell added that they have had a bus accident on that road.

Mr. Jim Stivender, Jr., Public Works Director, explained that the road has been on the program since 1997 and that the road extended from US Highway 27 to State Road 19.  He stated that the first phase was built around that same era of the late 1990’s and that the plan was to come back at a later date and finish the project.  He mentioned that two years ago they had the entire project on the program, but when the price escalated and there were cutbacks, they funded just to the intersection.  He went on to explain that when the prices of this project came in under budget, they realized that they could complete the remaining portion of the link of the project that was originally intended with the leftover funds for that.

On a motion by Commr. Stivender, seconded by Commr. Renick, and carried unanimously by a vote of 5-0, the Board approved Tab 12, a request from Public Works to advertise for bids for the #2824 Dewey Robbins Road “Part” and #2625 South Dewey Robbins Road “Part” Paving Project No. 2008-07 at an estimated cost of $772,500 from the Road Impact Fee Fund, Benefit District 4.

COMMUNITY SERVICES

AMENDMENT TO FY 2006-09 LOCAL HOUSING ASSISTANCE PLAN

Mr. Fletcher Smith, Community Services Director, stated that they were requesting approval to send to the State three amendments to the Local Housing Assistance Plan (LHAP).  He reported that the first one was a way to increase efficiency and to provide better customer service to the Home Purchase Program applicants, the second one was to utilize SHIP (State Housing Initiatives Partnership) funds for development of housing affordable to low and moderate income households, and the third was to update Lake County’s definition of affordability.  He explained that as to the first one, they just went out for an RSQ (Request for Submission of Qualifications) to agencies that could provide the home buyer and home maintenance education to people who applied for the program and also check to see that the applicants were prequalified to make sure they were mortgage ready.  He specified that only one out of ten applicants that went through the process were actually mortgage ready, and the others needed a lot of help getting some bad debts cleaned up or their debt to income ratio straightened out.  He stated that the third topic had to do with the fact that there were a lot of people that came through the program who had a 40 to 60 percent debt to income ratio, which was not a good scenario to indicate the ability to pay a mortgage.

Commr. Cadwell commented that there was a lot of discussion on the Affordable Housing Advisory Committee about this, because the classes got so large that they had to reduce the amount of people in the classes by making sure that the ones that attended were only those who were qualified at that time for the program.

Mr. Smith added that Affordable Housing by Lake was one of the agencies qualified to do the home buyer education, and they were still waiting to get the contract signed with the City of Leesburg, which was also approved to do that.  He went on to explain that the second strategy was initially driven by the City of Leesburg’s request of SHIP dollars for the Kristen Court apartment project, and they talked with the Affordable Housing Advisory Committee and ultimately decided to put in a strategy that would provide up to 20 percent of the available SHIP dollars annually for development of affordable housing complexes.  He added that the Leesburg Kristen Court project would be required to have the apartments sold and inhabited by eligible clients within three years.

Commr. Cadwell commented that the City of Leesburg was trying to do something with Kristen Court to create some affordable housing as well as improve that area and that Affordable Housing by Lake was going well since they have partnered with Habitat for Humanity.

Mr. Smith specified that they were spending about $28,000 per unit to renovate them.

On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved Tab 23, a request from Community Services for approval of Resolution No. 2008-83 amending the FY 2006-09 Local Housing Assistance Plan and directing the Department of Community Services to transmit the revised Plan to the Florida Housing Finance Corporation.

GUARANTEED MAXIMUM PRICE FOR COOPER MEMORIAL LIBRARY

Ms. Wendy Breeden, Library Services Director, stated that they have reached a milestone and needed the Board’s approval for the Cooper Memorial Library project at Lake-Sumter Community College (LSCC) for the Guaranteed Maximum Price (GMP) in order to move forward.  She reported that they were mostly on schedule, but in order to meet the guidelines for the Library Construction Grant with the State, they needed to have a GMP by June 23.

Mr. Dick Scott, Lake-Sumter Community College Vice President of Administrative Affairs, stated that they were anxious to continue this project and have crossed a major milestone in the last several months.  He stated that there had been some trepidation because they were not sure if they had enough money based on the conditions that they were seeing and all the cost estimates that they were getting, and the legislature did not fund the matching project.  However, he was happy to report that the College Board stepped up at their last meeting to express belief in the importance of the project and the partnership and offered to fund this out of their money and to seek funding from the State in the future, which was a gamble on their part.  He also reported that they finally got the GMP through PPI, the construction manager.  He pointed out that it initially came in at $12,836,859, but they further reduced that down to $12,717,769, which was a reduction of $810,000 and brought the project well within their budget.  He commented that they have had stellar cooperation from Ms. Breeden and all the library staff and from Mr. Jim Bannon, Director of Capital Construction and his department in designing the facility and working through the GMP.  He reported that their other partners at University of Central Florida (UCF) had given them $5,000 and would be giving them another check at the end of this fiscal year.  He also recognized the Friends of the Library, who have raised over $300,000 for this project, which they were currently seeking a match on.  He concluded that the construction crew was standing by and that an invitation would be sent to the Board for the official groundbreaking on June 30 at 9:00 a.m.  He added that the grand opening of the library was expected to be in July of 2009.

On a motion by Commr. Hill, seconded by Commr. Renick, and carried unanimously by a vote of 5-0, the Board approved Tab 24, the request for approval of the Guaranteed Maximum Price for Cooper Memorial Library at LSCC.

TRANSFER OF OPERATION OF LAW LIBRARY TO COUNTY

Ms. Breeden stated that they were requesting the Board’s final approval for the transfer of the Law Library from the Clerk of Courts operation to Community Services/Library Services, which included the transfer of one staff position.  She related that a lot of the materials would be in storage for the duration while the joint use Cooper Memorial Library was under construction, and then they would be housed there.   She explained that the online database for Westlaw would be available at all the libraries.  She commented that while they were decreasing some access, they were making the access available all over the County, and she hoped this would be a win-win situation for everyone.

Commr. Hill thanked the Clerk for working with the County on this project, and she commented that she thought it would expand and that all of the citizens would be able to access it easier.

Ms. Breeden pointed out that there was one change from part of the narrative in how the monies would be transferred.

Ms. Cindy Hall, County Manager, further clarified that the Clerk had asked them to make a slight change in how they transferred the money, so even though they had indicated in the Agenda that it would go to the Library fund, they were moving it through the general fund instead.

On a motion by Commr. Hill, seconded by Commr. Stivender, and carried unanimously by a vote of 5-0, the Board approved Tab 25, a request for final approval to transfer operation of the Law Library to Community Services/Library Services effective July 1, 2008, approval of associated Form 9 transferring one position to Library Services/Cooper Memorial Library, approval of Budget transfer to operate the Law Library for the remainder of FY 2007/08, and approval and signature of Westlaw online database subscription agreement, pending County Attorney approval.

PROCUREMENT

FIRST AMENDMENT TO EXTEND EMPLOYERS MUTUAL, INC. CONTRACT

Mr. Barnett Schwartzman, Procurement Services Director, stated that Tab 27 dealt with the contract extension on behalf of Employee Services for the third-party administrator for general liability and workers’ compensation claims.  He related that the additional time provided with this extension would allow Employee Services an opportunity to more closely review the current programs, functions and needs prior to placing these services out for competitive bid, so this was a request to extend for another year.  He mentioned that the reason that it had come before the Board as a departmental item was because of the dollar value.

On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved Tab 27, a request from Procurement for approval and execution of the First Amendment to Employers Mutual, Inc. to extend the contract for one additional year, through September 30, 2009.

AWARD TO REYNOLDS, SMITH AND HILLS, INC.

Mr. Schwartzman stated that Tab 28 was a contract award for architectural services for an addition to the warehouse to add space for record retention.  He commented that basically it was a competitive process following the architectural Statutes by the State of Florida, and it was coming to the Board as departmental because there was a protest on that one.  He explained that they had identified the highest qualified bidder and started negotiations with that company, but thought that the price was too high and decided to move on to the second highest qualified.  He stated that the first vendor submitted a protest which was untimely because they were not at award recommendation.  He pointed out that the price of this bid was below half of what was initially proposed by that vendor, and they were recommending the award on that basis.  He mentioned that they have advised the protester of this award recommendation. He requested the Board’s approval to proceed.

On a motion by Commr. Hill, seconded by Commr. Stivender, and carried unanimously by a vote of 5-0, the Board approved the request from Procurement for Reynolds, Smith and Hills, Inc. to receive the award in the amount of $118,200 plus $2500 reimbursables with a contingency of $10,000 to be used at the discretion of Mr. Jim Bannon, the director of Facilities Development and Management.

AWARD TO D.A.B. CONSTRUCTORS, INC.

Mr. Schwartzman informed the Board that this was the first time they had done a term and supply contract for any type of road resurfacing, because usually they were done project by project, but Public Works had an initiative to try to come up with a structure that would allow them to be more responsive to specific situations as they arose.  He stated that it was competed and they were recommending award to the low bidder, but it was before the Board because of the high dollar value.

On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved Tab 29, the request from Procurement for award of ITB 09-0004 to D.A.B. Constructors, Inc.

REPORTS – COUNTY ATTORNEY

AKRON MEADOWS PROPERTY HIGH NITRATE PROBLEM

Mr. Sandy Minkoff, County Attorney, stated that they added this morning on the Agenda a discussion of the purchase of the Akron Meadows LLC property.  He recapped that the property used to be a dairy farm, and it was noted when the original environmental tests were done in 2005 that the groundwater tested high in nitrates as a result of the dairy operation.  He explained that when they got the environmental reviews for the County’s purchase, they noted that those previous tests had been done and recommended no further action, but the department wanted to make sure that everything was done correctly and had one of their consultants look at the test, who recommended that several other tests be done.  He reported that they engaged LPG Environmental to look at everything that had been submitted, and he provided the Board with a copy of that report, which recommended going forward with the purchase and installing three monitoring wells to engage a long-term monitoring program to determine that the nitrate levels were decreasing.  He noted that the seller had agreed to pay for that and the cost to monitor it for five years at a cost of about $5,000 to $6,000.  He also recommended that they not continue to lease the property for a large-scale cattle operation, which might raise the nitrate levels.  He wanted the Board’s approval to go forward with the purchase of the property and mentioned that the seller would continue the environmental indemnity for them and remain contractually liable if the nitrates became a problem.  He mentioned that the County was the adjacent property owner for most of this property where the Ellis Acres and the fire station are.  He also verified with the Health Department that if the wells across the street did get contaminated by nitrates, the Department of Environmental Protection (DEP) would provide filters for those wells so that they would remain drinkable.

On a motion by Commr. Stivender, seconded by Commr. Renick, and carried unanimously by a vote of 5-0, the Board gave the County Attorney approval to go forward with the purchase of the Akron Meadows LLC property.

REPORTS – COUNTY MANAGER

            WORK SESSION NOT SCHEDULED

            Ms. Cindy Hall, County Manager, informed the Board that they did not schedule a meeting for June 10, since they did not have any items scheduled for that work session.

            REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1

            ITEMS TO BE DISCUSSED AT BUDGET WORKSHOP

            Commr. Hill stated that she would like to include in their budget workshop a discussion of the JGI trust fund, and she wanted to know if there were any outstanding agreements with the County and wanted a status as to where those funding sources were, as well as a short explanation of those funds.  She also wanted to see a new spreadsheet with the cost breakdown for their entire construction schedule, especially for the downtown area including Phase II, a timeframe breakdown for the Board, and a spreadsheet for the capital and facilities for all the County’s projects showing the cost per fiscal year and where those funding sources were.

            COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5

            MYASTHENIA GRAVIS AWARENESS MONTH PROCLAMATION

            On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the execution of Proclamation No. 2008-84 proclaiming June 2008 as Myasthenia Gravis Awareness Month.

            NACO ANNUAL CONFERENCE BALLOT

            On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board gave approval for Commr. Cadwell to cast Lake County’s ballot at the NACO Annual Conference.

            CITIZEN QUESTION AND COMMENT PERIOD

            Mr. Roy Hunter, Northeast Lake Chamber of Commerce, expressed appreciation from some of the residents of Deer Haven to the Sheriff’s Department, the County, and EMS (Emergency Medical Services) for all of their cooperation and assistance, including retrieval of forgotten heart medication for one resident.  He also stated that he wanted every area to have their own food bank to avoid the need for long distance travel and high gasoline expenses to get to one further away and encouraged residents to buy extra food each week for some neighbor who could not.  He added that he recommended that homeowners install an above-ground pool as a water reserve for fighting fires as well as other emergency uses.

            ADJOURNMENT

            There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:15 a.m.

 

                                                                        ____________________________________

                                                                        WELTON CADWELL, CHAIRMAN

 

ATTEST:

 

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NEIL KELLY, CLERK