REGULAR MEETING OF THE BOARD OF
COUNTY COMMISSIONERS
DECEMBER 2, 2008
The Lake County Board of County
Commissioners met in regular session on Tuesday, December 2, 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: Welton G. Cadwell, Chairman;
Jennifer Hill, Vice Chairman; Elaine Renick; Jimmy Conner; 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; Barbara
F. Lehman, Chief Deputy Clerk, County Finance, and Ellie McDonald, Deputy
Clerk.
INVOCATION
Reverend Dr. S. William Tyson, from
the Union Congregational Church in Tavares gave the Invocation and led the
Pledge of Allegiance.
SELECTION OF CHAIRMAN AND
VICE-CHAIRMAN OF THE BOARD
Commr. Cadwell opened the floor
for appointment of the Chairman and Vice Chairman of the Board for 2009.
Commr. Hill stated that
everything was moving smoothly with the present leadership and with his
approval she would like Commr. Cadwell to remain as Chairman.
Commr. Renick commented that she
agreed that the present leadership was running smoothly and suggested Commr.
Hill to remain as Vice Chairman.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the appointments of Commr. Cadwell as Chairman and Commr. Hill as Vice
Chairman for 2009.
AGENDA UPDATE
Ms. Cindy Hall, County Manager,
commented that she had informed everyone by email that there was a slight
change in Tab 3, Item 1, to include a new account number, 4541345. She stated that they had an Addendum to approve
the 2009 Legislative Position and authorize the Chairman to present Lake
County’s positions to the Lake County Delegation on December 12, 2008; and to
approve 2009 Legislative Positions approved by the Florida Association of
Counties (FAC), which was listed under Presentation. She stated that she had been asked by staff to
postpone Tab 8 to December 16, 2008. She
also requested that Tabs 4 and 6 be pulled for comments.
MINUTES
Commr. Renick noted a change in
the Minutes of November 4, 2008, on page 10, line 5, stating that for purposes
of clarification the language should read “reducing” rather than “changing”
since it was referring to a dollar figure regarding Sponsorship.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board
approved the Minutes of October 28, 2008 (Regular Meeting), as presented;
October 28, 2008 (Special Joint Meeting); and November 4, 2008 (Regular
Meeting), as corrected.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Hill,
seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board
approved the Clerk of Court’s Consent Agenda, as follows:
List of Warrants
Request to acknowledge receipt of 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
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending October 31, 2008, in the amount of $186,378.56. Same period, last year: $201,884.05.
ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT MEETING SCHEDULE
Request
to acknowledge receipt of 2009 Governing Board Meeting Schedule for St. Johns
River Water Management District.
Meetings are held at Palatka District Headquarters, 4049 Reid Street,
Palatka, Florida.
CITY
OF FRUITLAND PARK ORDINANCE
Request
to acknowledge receipt of copy of Ordinance 2008-016 amending the boundaries of
the City of Fruitland Park by including within the City approximately 1.0 acres
of property generally located north of Eagles Nest Road, West of U.S. Highway
441, and south of Lake Ella Road, and rezoning the property from Lake County
“C-2” (Community Commercial District) to “C-2” (General Commercial) within the
City Limits of Fruitland Park.
COMMUNITY
SERVICES
FLORIDA
HEALTHY KIDS PROGRAM
Mr.
Fletcher Smith, Director of Community Services, stated that Tab 4
requested approval to serve as the lead
agency in Lake County to work with various agencies and organizations within
the County that have contact with school age children and their parents to
provide them with training to enroll their uninsured children in the Healthy
Kids Program. He commented that
approximately two years ago they had a grant from Florida Healthy Kids to
enroll uninsured children which resulted in an enrollment of more than 311
children in a seven month period. He
stated that the focus in Lake County would be putting these organizations
together and to provide training for those organizations and agencies to assist
parents in completing and submitting applications to the State to insure their
children.
Commr.
Hill stated that the program was still under the State and that the County
would simply be the lead agency.
Mr.
Smith mentioned that there seemed to be a disconnect from the State level down
to the local level for getting children enrolled in this program.
Commr.
Hill mentioned that it appeared the State was trying to cut this program and
she was concerned they were trying to shift the cost to the County.
Mr.
Smith commented that the only money involved was $1,000 to assist the County in
coordinating the meetings and stated that it was a great program providing
insurance for uninsured children.
EMPLOYEE
SERVICES
EXTENDED
MEDICAL/HEALTH COVERAGE FOR OVER-AGED DEPENDENTS
Ms.
Susan Irby, Employee Services, stated that Tab 6 was a request to amend the
County’s current medical plan extending the dependent age eligibility in
accordance with Senate Bill 2534. She
stated that this Bill allowed over-aged dependents (aged 25 to the end of the
calendar year in which they turn 30 years of age) to be covered so long as they
meet certain criteria including that they were not married and do not have
their own dependents. She explained that
the interpretation of the Bill and its impact on Statute by the County
Attorney’s office, as well as recommendation from Blue Cross, insists that the
County comply with this mandate and asked the Board’s approval to implement
this process. She further stated that
the dependents must be a student or live in the State of Florida.
Commr.
Stewart expressed her desire to make it clear to the public that the County is
complying with this as a requirement of the State.
Commr.
Conner commended the County for the impressive manner in which it has been able
to keep health care costs under control in a market where there is a lot of
volatility with annual double-digit rate increases. He commented that the recommendation before
the Board and reason for charging the COBRA premium was to keep the County’s
health care costs at a minimum premium to the employees.
Commr.
Cadwell stated that the value of the County’s Wellness Program and what it
offers cannot be underestimated and they are beginning to reap the benefits of
the program.
COUNTY MANAGER’S CONSENT AGENDA
On
a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a
5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3-14,
with Tabs 4, and 6 having being pulled for discussion, and postponing Tab 8, as
follows:
Budget
Request from Budget for Change Requests and
Check Request.
Budget
transfer - Environmental Recovery Fund, Department of Environmental Utilities,
Water Quality Services Division to transfer $6,000 from Reserve for Operations
to Repair and Maintenance. Water Quality Services receives two to four calls
per month requesting heating oil pump outs. This service was previously
contracted out; however, vendor rate increases have made this method
uneconomical. Public Safety transferred an existing trailer to Water Quality
Services, which will be refurbished to include a 300 gallon double-wall tank,
pump, compressor, hoses, and ladders, etc. Refurbishing the existing trailer
will allow Water Quality Services to provide more convenient pump out services,
and potential revenue for recovered heating oil. Funds are available in Reserve
for Operations. After this transfer, the balance in the Reserve for Operations
account will be $102,292. The new
account number for Home Heating Oil is 4541345 as noted by Ms. Cindy Hall, County
Attorney.
Budget
transfer - Affordable Housing Assistance Trust Fund, Department of Community
Services. This transfer will consolidate
and realign State Housing Initiative Partnership (SHIP) expenditures with the
appropriate budgetary account.
Approval
of request for payment of invoice for inmate.
The request exceeds the County Manager's approval limit of $25,000. Total payment is for $37,440.42.
Community
Services
Request
for approval and authorization of the Chairman of the Board of County Commissioners
to sign the amended and restated agreement between Lake County and the Lake
County School Board to provide all students with the opportunity to participate
in the Career, Adult & Community Education Driver’s Education Program -
Behind the Wheel Training.
Public
Works
Request
for authorization to release a maintenance bond in the amount of $117,850
posted for Overlook at Lake Louisa Phase II. Overlook at Lake Louisa Phase II
consists of 105 lots and is located in Section 7, Township 23 South, Range 26
East. Commission District 2.
Request
for approval to advertise for bids for the Hollondel Road Regional Stormwater
Pond at an estimated cost of $2,000,000.00 from Stormwater Management Fund.
Commission District 3.
Request
for approval and signature of Resolution No. 2008-200 authorizing the posting of 45 MPH speed limit signs on the paved
portion of Dewey Robbins Rd (2824) from US 27 to end of pavement at Turkey Lake
Rd, south of Leesburg.
Request
for approval and execution of Resolution No. 2008-201 authorizing the posting of 45 MPH speed limit signs on the newly
paved portion of North Hancock Rd (1345) (formally known as Turkey Farm Rd)
from Jim Hunt north to the unpaved section south of Citrus Grove Rd, in
Commission District 2.
Request
for approval and execution of Resolution No. 2008-202 accepting 7th Street
(County Road No. 6587C) into the County Road Maintenance System. 7th Street
(County Road No. 6587C) is located within Section 32, Township 18 South, Range
28 East. Commission District 5.
Request for approval and execution
of the submitted
Subordination of Utility Interest Agreement between Lake County and the City of
Eustis for the submitted project. Board signature is required because of County
commitments relating to relocations and cost. Commission District 4.
Request to approve and accept the
submitted list of public right of way deeds that have been secured in
conjunction with roadway and / or stormwater projects. (Commission Districts 1,
2, 3, 4, 5)
COUNTY
ATTORNEY’S CONSENT AGENDA
On
a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a
5-0 vote, the Board approved Tab 15 as follows:
Request from County Attorney for approval of
the Second Amendment to Lease Agreement between Lake County and Florida Central
Railroad Company, Inc. (“Florida Central”) relating to railroad right of way.
EMPLOYEE
AWARDS
Five
Years
Jenny Born, Accounting Technician
Public Safety/Fire Rescue Division
Neal Milligan, GIS Analyst
Public Works/Engineering
Division/Right-Of-Way
Robert Zimmerman, Environmental
Specialist
Environmental Utilities/Water
Quality Services
Ten Years
Steve Earls, Information Technology
Director
Office of Information Technology
Denise Haynes, Office Associate II
Public Works/Road Operations
Division Maintenance Area II
Cheryl Thomas, Financial Analyst
(N/P)
Tourism & Business Relations
Twenty Years
Carol Griffin, Scales Supervisor
Environmental Utilities/Solid Waste
Disposal Operations Division
BOARD/COMMITTEE PRESENTATIONS
CERTIFICATES
Arts
and Cultural Alliance
Joseph Teri for service from
2007-2008 (N/P)
Industrial
Development Authority
Kristen Bartch for service from
2004-2008 (N/P)
P. Shannon Elswick for service
from 1998-2008
Richard Joyce for service from
2005-2008 (N/P)
Terry Miller for service from
2005-2008 (N/P)
Dr. Charles Mojock for service
from 2002-2008
Keith Mullins for service from
2000-2008
Gregory Nelson for service from
2001-2008 (N/P)
Margo Odom for service from
1997-2008 (N/P)
David Pape for service from
2006-2008 (N/P)
Raymond San Fratello for service
from 2005-2008
Scott Strong for service from
2001-2008 (N/P)
Glenn Tyre for service from
1991-2008
Library
Advisory Board
Mary Malaszek for service from
2003-2008
Stan Melnick for service from
2007-2008
Public Land Acquisition Advisory
Council
Carol
Johnson for service from 2003-2008(N/P)
PRESENTATION
DEPARTMENT OF ECONOMIC GROWTH
AND REDEVELOPMENT UPDATE
Ms. Dottie Keedy, Director of
Economic Growth and Redevelopment, addressed the Board stating she would be
presenting a departmental update and to introduce their partners from Metro
Orlando Economic Development Commission (Metro Orlando EDC) and Enterprise
Florida. She discussed their Strategic
Plan which was adopted earlier this year noting that the Plan had four
over-arching recommendations which were: to coordinate efforts with allies and
leaders; enhance and diversify tax base through innovation, industry attraction
and business development; promote quality of place; and develop, retain and
attract talent. She commented that under
those four recommendations were thirteen more specific recommendations for
implementation and that she placed her departmental update in the context of
those recommendations. She explained
that the first recommendation was to create a county-wide partnership to
support economic development and that they had been working with Metro Orlando
EDC who has been tasked to put the Economic Development Council together. She stated that the second recommendation was
to develop and expand internal resources for economic development which has
been accomplished by fully staffing her department. As Director, she stated that she focuses on
business recruitment; is the spokesperson for the department; and coordinates
all functions and staff assignments. She
stated that Mr. Cary Pierce recently joined their department as Business
Development Coordinator and will focus on marketing and business retention, and
expansion; Ms. Lori Barnes, Senior Planner focuses on redevelopment projects,
development review and fast-track permitting; and Ms. Linda Green, Office
Associate, focuses on the administrative functions. She reported that within the budget this year
funding had been approved for incentive programs, marketing, and economic
impact software.
Ms. Keedy mentioned that they were
working on a consistent incentive program to replace the program they had which
would be brought to the Board in January.
The third recommendation was to strengthen leadership base and expand
involvement and understanding of economic development which would be
accomplished through their Economic Development Advisory Board; Chamber
Alliance of Lake County; and Leadership Lake County. The fourth recommendation was to plan for
adequate sites and infrastructure to support business and industrial
development. She stated that the
Christopher Ford Commerce Park was developed in the early 1990’s and was moving
into Phase III and would be bringing a Notice of Proposed Change to the
Development of Regional Impact (DRI) allowing them to build out the remainder
of the park. She commented that they
were also working with property owners in South Lake and Leesburg to provide
infrastructure for industrial properties, and with the City of Mount Dora for the
proposed office Employment Center. She
explained that they developed a program to continue to support the retention
and expansion of business as well as continuing to participate in the Industry
Visitation Program with the Business Resource Center at Lake-Sumter Community
College (LSCC) and the Chambers of Commerce.
She stated that at the present time she was working on four projects
with existing businesses on expansion within Lake County.
Ms. Keedy stated that the next recommendation
was to develop an entrepreneurship program and that she was working with the
LSCC Business Resource Center on a successful entrepreneurship program and the
University of Central Florida (UCF) to fund staff at the Leesburg Business
Incubator. She reported that they have
launched a Lake County website for the Virtual Entrepreneur Center, noting the
website as www.flvec.com which provides
information to business owners starting or expanding a business. She also mentioned that she works with UCF
Small Business Development Center located on the South Lake Campus of
LSCC. Another recommendation was to
initiate an external marketing campaign by completely redesigning their website
which should be completed by January, working on a quarterly newsletter, and a
marketing program for business attraction.
She remarked that protecting and promoting green spaces and natural
resources was a recommendation to promote business locations in downtowns and
directing development to sites with existing infrastructure.
Ms. Keedy also spoke about promoting
arts and entertainment, and development of an online registry for Lake County
artists which has been turned over to Tourism to administer and the expansion
and promotion of higher education opportunities with linkages between the
college and the business community. She
reported that she is a member of the Robotics Steering Committee along with
Commr. Stewart.
Commr. Stewart commented that Ms. Keedy
had introduced her to Robotics Teams last year and that it was a fabulous
program where kids build robots using math and science skills. She stated that they have been working hard
to get it started in the County noting that last year they had one team and
this year they have two teams, one in Eastridge and one in this area. She explained that it takes approximately
$6,000 for each high school team to get their materials and attend the
competition and that they were working on raising those funds.
Ms. Keedy stated that the goal of the
committee is to provide an opportunity for all Lake County students to be on a
robotics team. She explained that the
team purchases a kit which contains a laptop with all the technology, pieces
and parts to assemble the robot and travel to UCF for the first level of
competition. She commented that it was a
great way to introduce students to careers in science and technology.
Commr. Stewart explained that they had
prepared an evaluation of the expense of having a team in every school which
was surprisingly low because they depend a lot on volunteers which keeps the
cost significantly lower.
Commr. Conner questioned whether
they could discuss the possibility of joint funding with the School Board for
the high schools and what the appropriate venue would be to do so. He suggested that the funding opportunity be
offered 50/50 with the School Board for each of the County’s seven high schools
which would cost $21,000 from the County and $21,000 from the School Board. He commented that if Ms. Keedy would be
willing to provide them with the hard cost figure, they could try to split the
hard cost and give the School Board the incentive to get involved. He suggested that it be placed as an Agenda item seeking
joint funding with the School Board, the County and the business community.
Commr. Cadwell suggested that procedurally
they would bring the issue back under their business and would add it to the
Agenda to take action today and move forward.
Commr. Conner stated that he was asking
that the Board let Ms. Keedy work with the LPA to make sure they have a fair
amount of industrial zoning in the proper places designated in the
Comprehensive Plan.
Commr. Cadwell stated that they needed to
make it clear that Ms. Keedy is there at the Board’s request, because different
people have been received differently at the LPA.
Mr. Brian Sheahan, Planning
Director, stated that the LPA was wrapping up the map and hoping to finalize it
at the December 11 meeting. He reported
that they have spent a great deal of time putting industrial, commercial, and
office on the map, particularly in South Lake, including getting the South Lake
Chamber’s recommendation for properties in that particular area and the
appropriate future land use categories.
He stated that he was confident that it had been looked at, but thought
that Ms. Keedy’s additional input would be valuable.
Commr. Conner stated that based on
what Mr. Sheahan just related to them the LPA has already addressed that, so he
wanted to withdraw his request to have Ms. Keedy go to the LPA since they were
so far along on the process. He added
that it was an issue they want to discuss at the appropriate time to make sure
they had enough industrial zoning.
Commr. Renick asked the Board about
having Ms. Keedy look into the numbers for working with Clermont to get central
water and sewer to a Clermont site that she felt was very appropriate for an
industrial park. She thought it would be
more effective than a lot of the other incentives to actually have the sites
ready to go with what they need.
Ms. Keedy stated that she had money
in her incentive funding and agreed with Commr. Renick that it was really in
some ways a better incentive than giving cash.
Commr. Cadwell pointed out that this
strategy worked in the Chris Ford park and thought it would be a good idea to
look into that form of incentive.
Mr. Mike Bobroff, Executive Vice
President and Chief Operating Officer of Metro Orlando EDC stated that the
twenty-year partnership that exists between the EDC and the County is very
strong, and their work is to tell the world that Lake County and this region is
a great place to do business. He
commented that ultimately that is going to diversify the economy and improve
the quality of life for many people. He
mentioned that they were very proud of the fact that two-thirds of their total
budget comes from the private sector. He
explained that they are a full service operation, founded on three different
economic development principles:
attraction and recruitment of new industries to a region; helping the
existing local industries to expand or stay there, because there are pressures
to move elsewhere; and to create new business opportunities. He then introduced Mr. Declan Reiley, Vice
President, Business Development of the Metro Orlando EDC, whose group is
responsible for the majority of the recruitment.
Mr. Reiley addressed the Board
stating that the EDC is responsible for five primary lines of business. The first line of business is marketing the
region and what comprises the region. He also stated that the EDC has a very
highly regarded public relations program that generates about 50 million
business related P.R. impressions each year, and they have multiple websites
that collaborate seamlessly with their partner county websites. He stated that
the second line of business is international business development, and they try
to get the message out on a global scale that Central Florida and Metro Orlando
is open for international business and trade.
They have two or three full time professionals in the international
business development area of the EDC that travel internationally to initiate
and arrange trade meetings between Central Florida businesses and other
businesses. He explained that the third primary line of business is technology
industry development, noting that over the last several years they have had
some great success with credibly establishing a reputation for Metro Orlando as
a place where technology thrives and that there is a lot of creativity and
innovation going on in the technology arena that often overlaps with the
entertainment and military presence within Metro Orlando. He mentioned that the fourth line of business
is film, entertainment and digital media development, in which Lake County has
had some real success. He related that
Bridal Bootcamp, a reality television show, was shot in northern Lake County
last year and will air this Spring on TNN.
Also, the criminal forensics television show, Dr. G Medical Examiner,
was shot in, and regularly returns to, Lake County. He noted that the spirit of cooperation the
advanced planners receive from law enforcement agencies in Lake County is
second to none. The fifth line of business he talked about was business
retention and recruitment expansion. He
then displayed a slide showing the prospect management process and explained in
detail the fundamental steps within the process.
Ms. Liefke Cox, Director of
Enterprise Florida, Inc. (EFI) explained that EFI was created in 1996 as the
State’s replacement for the Department of Commerce and is the State’s one
economic development organization partnered with each county via a primary
partner. She stated that they are
responsible for creating high wage jobs in Florida, trying to increase the
average wage in Florida, and bringing in companies that can create high wage
jobs. She explained that their Divisions
are comprised of Business Recruiting & Retention; Marketing; External
Affairs; and International Trade & Business Development, which are very
similar to the Orlando EDC Divisions.
She reported that they have EFI locations throughout the world, and
seven field offices in Florida. She
referred to a slide showing EFI’s locations across the world stating that they
hold international trade missions which are attended by them and the Orlando
EDC. She commented that they bring leads
back and help the businesses make exporting deals with Florida.
RECESS AND REASSEMBLY
At 10:30 a.m. the Chairman announced
that the Board would recess until 10:40 a.m.
COUNTY MANAGER’S DEPARTMENTAL
BUSINESS
COMMUNITY SERVICES
STUDENTS RIDING FREE ON
LAKEXPRESS IN DECEMBER AND JANUARY
Mr. David Hope, Fixed Route
Coordinator, addressed the Board and stated that Tab 18 was a request to allow
free rides to students for the months of December and January. He commented that any student may ride free
of charge, whether they are fifteen years of age or fifty years of age, by
presenting their student identification card.
On a motion by Commr. Hill, seconded
by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved Tab
18 allowing students to ride LakeXpress free in December and January.
PUBLIC HEARING:
BUDGET
ADJUSTMENTS TO FISCAL YEAR
2008-09 BUDGET
Mr. Doug Krueger, Budget Director, stated
that the Board was being asked to approve Resolution No. 2008-203 modifying the
Fiscal Year 2008-09 budget to recognize purchase orders that were entered in
Fiscal Year 2007-08, but remained open as of September 30, 2008. He stated that these were some of the major
purchase orders of about $57 million which included $9.5 million for the radio
system and $34 million for the Property Appraiser and Tax Collector facilities,
parking garage and energy plant in downtown Tavares as well as several road projects. He mentioned that in addition, they were
asking the Board to approve the re-budget of three projects that were
inadvertently left off the re-budget amendment brought before the Board in
October which was $100,000 in Job Growth Incentive (JGI) funds and
approximately $404,000 related to projects at the landfill. He noted that this was a public hearing which
was properly advertised in the Orlando Sentinel on Friday, November 28, 2008.
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. Hill, seconded
by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved adjustments to the FY 2008-09
budget appropriating the balance of funding on various purchase orders from FY
2007-08 that remained open as of September 30, 2008, as well as re-budgeting
funding for three projects from FY 2007-08 that remained unexpended as of
September 30, 2008, and approved Resolution No. 2008-203 adopting a supplemental budget for Fiscal Year 2008-09.
PUBLIC
HEARING
COUNTY
ATTORNEY
ORDINANCE
RELATING TO CHAPTER V-A, LDRS, ENTITLED NECESSARY
PUBLIC
SERVICES AND FACILITIES REGARDING EXPIRATION DATE FOR
THE
SCHOOL CONCURRENCY ORDINANCE
Mr.
Sandy Minkoff, County Attorney, stated that Tab 20 was the first of two public
hearings as follows:
AN
ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA;
AMENDING CHAPTER V-A, ENTITLED NECESSARY PUBLIC SERVICES AND
FACILITIES, SECTION 5A.01.02, ENTITLED APPLICABILITY, IN ORDER TO EXTEND THE
EXPIRATION DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Minkoff stated that this
Ordinance prohibits new residential lots and buildings from being built unless
they have assurance from the School Board that there is adequate school
capacity for those homes. He stated that
this was an interim step while they were going through the school concurrency
process. He commented that he was pleased
to note that in December Mr. Sheahan will present to the Board the actual
School Concurrency Amendment for approval.
He commented that once approved and the LDRs have been updated, they
will be able to withdraw this Ordinance.
He stated that it was their goal to withdraw the Ordinance by March
2009, but this would extend it through the end of 2009.
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. Hill, seconded
by Commr. Renick and carried unanimously by a 5-0 vote, the Board approved the first reading of the
proposed ordinance, as read by title only, amending Chapter V-A, entitled Necessary Public Services and Facilities, Section 5A.01.02, regarding expiration
date for the School Concurrency Ordinance.
OTHER BUSINESS
APPOINTMENTS TO THE LAKE-SUMTER
METROPOLITAN PLANNING
ORGANIZATION BICYCLE &
PEDESTRIAN ADVISORY COMMITTEE
Commr. Cadwell stated that Mr. Scot
Hartle, representing District 2, and Mr. Richard Dunkel, representing District
4, were seeking reappointment to the Lake-Sumter Metropolitan Planning
Organization (LSMPO) Bicycle & Pedestrian Advisory Committee.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the reappointment of Mr. Scot Hartle, representing District 2, and Mr.
Richard Dunkel, representing District 4, to the LSMPO Bicycle & Pedestrian
Advisory Committee to serve two-year terms beginning January 1, 2009.
APPOINTMENTS TO THE LAKE-SUMTER
METROPOLITAN PLANNING
ORGANIZATION CITIZENS’ ADVISORY
COMMITTEE
Commr. Cadwell stated that Mr. Brian
Herman, representing District 2, and Mr. Donald Griffey, representing District
4, were seeking reappointment to the LSMPO Citizens’ Advisory Committee (CAC).
On a motion by Commr. Stewart,
seconded by Commr. Renick and carried unanimously by a 5-0 vote, the Board
approved the reappointment of Mr. Brian Herman, representing District 2, and
Mr. Donald Griffey, representing District 4, to the LSMPO Citizens’ Advisory
Committee to serve two-year terms beginning January 1, 2009.
PRESENTATION
CURRENT STATUS OF CONSTRUCTION
AND RENOVATION PROJECTS
Mr. Jim Bannon, Director of Capital Construction
and Facilities, presented his quarterly report on construction projects under
his purview. He began with Phase One of
the downtown projects comprised of the 320 West Main Building, which will house
the Tax Collector and Property Appraiser; the parking garage; and the central
energy plant. He stated that their
projected completion date is May 2009, and that the project was on schedule,
within budget, and expected savings in the project as they move forward.
Commr. Cadwell interjected that he had
several comments from the Constitutional Officers about how great the
architects have been to work with through this process and what a good
selection that was.
Mr. Bannon agreed that they have a
great relationship with the architects and everything has moved smoothly. He mentioned that the Phase Two Downtown
Project was the Judicial Center expansion and renovation of the existing
building. He stated that fifty percent
of the documents were completed and that they were scheduled to present the
Guaranteed Maximum Price (GMP) to the Board in February or March 2009. He reported that the Historic Courthouse
re-roofing had been completed in November and they are working on the cornice
restoration which should be completed by February 2009. He commented that the contract for the Public
Works Special Project Facility, the supply canopy, equipment, and office space
for Public Works Road Operations was awarded to Mark Cook Builders and that
construction began November 17, 2008, with a projected completion date of April
2009. He stated that the Horticultural
Learning Center went out to bid in November and was expected to go on site in
the New Year. He reported that
construction will begin on Fire Station #110 in Clermont before the end of the
year; that the Paisley Fire Station was in the bidding and permitting process,
noting that they demolished the old fire station in October with construction
to begin in January with a duration of approximately 10 months; that five fire
stations were being assessed to bring them up to current code; and that a new
driveway apron would be completed at Fire Station #121 for Lake Norris in
December. He explained that they had
been given approval by the Board to move forward with the Clermont Sheriff’s
Substation, previously the Dodge Dealership, for a new configuration design to
consist of an office area of approximately 8,000 square feet, and a shop
maintenance shop area of approximately 9,000 square feet. He commented that a more detailed
presentation would be brought to the Board at a later date. He stated that construction would begin in
the New Year to increase lab space at the Water Resource Lab by an additional
720 square feet. He commented that the
Animal Control Addition for kennel and office space was under design
investigation and that the Board of Adjustments had approved a setback variance
in October. He explained that the BCC
Warehouse Expansion project of approximately 13,000 additional square feet,
with 10,000 dedicated to Clerk storage and 3,000 square feet for IT storage,
could go out to bid in January. He
stated that his department monitors The Cooper Memorial Library on occasion and
that it was progressing very well. He
mentioned that the Scale House at the landfill was a minor project for the
replacement of cracked scales, wind damaged building skin, and re-roofing, and
that the construction documents had been completed.
Commr. Cadwell pointed out for
everyone’s benefit that the updates of these projects are presented on a
quarterly basis.
Commr. Conner commented that PPI had
made a concerted effort to use local subcontractors and explained that there
has been a concentrated effort from the leadership of this Commission to
emphasize the importance of using local subcontractors.
Commr. Cadwell requested a list of
the local companies who have benefited from the contracts on the downtown
construction projects.
Commr. Conner questioned whether
there was a budget for the Sheriff’s substation, and given the change in the
economic climate in the State and the Nation with sales tax revenues being
down, wanted to know the County’s bonding capacity.
Ms. Cindy Hall, County Manager,
stated that they had $1 million budgeted for the substation. She explained that during the summer their
underwriters presented an analysis on the bonding capacity. She stated that they had initially envisioned
a second bond issue of $90 million but the scope of the project was trimmed
down to approximately $65 million. She
stated that they had recently met with their financial advisors and it was
noted that with the continued degradation of the credit companies that issue
bond insurance there were some additional challenges to be reviewed to see how
that might affect a future bond issue.
She commented that it was likely that the $65 million bonding capacity
they had in the summer would continue to be reduced. She stated that they anticipate bringing a
new financial analysis to the Board in the February/March timeframe when Mr.
Bannon and the consultants come back with the GMP of the Judicial Center in
order for the Board to have full information of what bonding capacity they
could comfortably assume and would make decisions on the project at that time.
Commr. Cadwell explained that they
were assuming that on the expenditure side they would bring that dollar down
before they start cutting things because the market would draw that money down.
Ms. Hall stated that initially the
entire project was to be in the range of $200 million and they the estimate
made at that time would eventually come in at approximately $180 million. She explained that the first $90 million the
County bonded was scheduled to fund the current construction, and that the
approximately $30 million leftover would be carried forward to Phase Two. She
stated that issue would be a discussion needed in February once they know the
prices.
Commr. Conner stated that a
discussion was needed now in order to make sure Phase Two was being designed in
a manner to be built in phases if necessary and he wanted to make sure the architects
knew their bonding capacity. He
commented that a critical component today, not in March or February, was to
know the total budget for this project, noting they were only at 50 percent
design at the present time. He explained
that he did not want to come back in March to find the design 100 percent
complete with funds falling short by $30 million. He commented that at that point the
architects would tell them they would have to go back and redesign the building. He opined that it was a critical component of
this Board’s responsibility to get the dollars in front of them, to know what
the budget would be, and design in accordance with the funds available.
Commr. Hill stated that was one of
the things they have done by having several scenarios in that phasing within
the different designs, all depending on the financing available.
Mr. Bannon commented that they went
from a major renovation to a minor renovation of the existing building and also
identified shelling of a couple of the floors within the existing courthouse.
Commr. Conner stated that he was not
talking about those projects, but rather the Phase Two new construction
components of the Judicial building.
Mr. Bannon stated that was those
comments were related to Phase Two.
Commr. Conner stated that Mr. Bannon
was speaking of renovations and he was talking about the new construction
component and asked if the $95 million would cover shelling those floors.
Mr. Bannon stated that the
presentation in March would bring all that information to the Board.
Mr. Douglas Kleppin, AIA, Executive
Associate with HLM/Heery International, Inc., stated that the scope of work had
been tailored to match the budget noting that he was going on completed cost as
opposed to the funding operation. He
stated that they had reduced the cost of the courthouse construction in Phase
Two by the shelled space and a series of value engineering items that took it
down commensurate with the reduction from the $90 million to the $65 million in
effect. He explained that they had
reduced the dollar for dollar deficit on the second bonding issuance with their
construction costs.
Commr. Cadwell commented that they
were mirroring the design to their revenues.
Mr. Kleppin stated that they were
unsure of what the GMP would be since the construction market is unsettled and
they need to assess that with the GMP to see what other measures they need to
take if there is a difference in the bonding capacity.
Commr. Renick interjected that she
often felt uncomfortable without the figures before them. She stated that she understood trying to
mirror the design to the revenue coming in, but also thought they could choose
a very conservative number now suggesting a worst case scenario in order to have
a guideline for moving forward. She opined
that the conversation lead to spending whatever they could afford instead of
trying to spend the minimum available to accomplish their needs, and those are
two different things.
Commr. Cadwell asked Ms. Hall if
their financial advisors could make a presentation to provide them with an
outline in the next month or so.
Ms. Hall commented that they
could. She mentioned that when the
prices are in and Mr. Bannon and his consultants come back to the Board in the
February/March timeframe, there would be items which could be cut out. She stated that they have looked at putting
together a financing plan for this building, looking at different pieces and
parts to try to pull it together and the assumption that the footprints of the
building would remain intact. She
explained it was obvious that shelling out a couple of the floors was one of
the options that did reduce the price, but believed it was the direction of the
Board to leave the footprints of the building intact and that there was a
certain cost to do that. She mentioned
that they have looked at different sources of money to pay for that and it is
not based 100 percent on how much sales tax bonds they could issue, and that
they would be glad to sit down and go through all the options for funding. She commented further that if the footprints
of the building were reduced, they would have to start the project over and
that the entire programming and work flow would have to be reconfigured, and
there had been a lot of cost already.
She stated that they would be glad to come back with a financial
workshop with their financial advisors and go through what their assessment is
and the different options available.
Mr. Kleppin stated that the project
was 100 percent designed and that the 50 percent relates to the status of the
construction documents that have been prepared.
He commented that they were almost at the 90 percent construction
document stage which was what they needed in order to present the Board with a GMP.
Commr. Conner expressed his concern
for the cost of the building without the scaled down version within the nearest
$10 million.
Mr. Glenn Mullins, Vice President of
PPI Construction Management, stated that he could speak to the construction
costs. He explained that their ballpark
estimate for Phase Two which was the new courthouse building, including the
roundabout, and an allowance for the furniture going into the building, was
$94,682,000 and that within that figure, the furniture allowance was $3 million
and the roundabout was approximately $4 million. He stated that there was a contingency in
that number, that it was construction cost, not project cost. He commented that the existing courthouse
renovation was not included in that figure, as it was still under design and
they were developing scope for that.
Commr. Conner stated that this
information brought him some comfort because it informed them that they could
bond $65 million and have $30 million leftover on bonding from Phase One. He commented that the $4 million for the
roundabout would need to be discussed at some point and time.
Commr. Cadwell noted that there were
several items in the design that needed to be discussed for renegotiating good
faith with the City of Tavares and brought back to the table to let Tavares
know what they would or would not be able to do. He stated that they should obtain a list of
things in the site plan which were negotiated with Tavares to locate any cost
savings there and bring that back to the Board as well.
Mr. Minkoff stated that there was
probably a ninety-day timeframe if they were going to go to the City and ask to
have the roundabout removed. He remarked
that they cannot wait until March because construction, theoretically, cannot
be approved until that roundabout is part of the site plan.
ADDENDUM 1-A - LEGISLATIVE
POSITION
Ms. Cindy Hall, County Manager,
stated that they had added two additional Legislative Positions for the County,
one allowing for more stringent water restrictions as approved by local
jurisdictions; and another giving local jurisdictions control of Consumptive
Use Permits (CUPs) for bottling plants.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved Item A of Addendum 1 to approve the County’s legislative position and
authorize the Chairman to present it to the delegation.
ADDENDUM 1-B - LEGISLATIVE
POSITION BY THE FLORIDA ASSOCIATION
OF COUNTIES
Commr. Cadwell requested approval of
the 2009 Legislative Positions approved by the Florida Association of Counties.
On a motion by Commr. Renick,
seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board
approved the 2009 Legislative Positions approved by the Florida Association of
Counties.
REPORTS - COUNTY MANAGER
U. S. CENSUS - COMPLETE COUNT
COMMITTEE
Ms. Cindy Hall, County Manager, reported that the U.S. Census
Bureau had requested them to host the development of what is called the
“Complete Count Committee.” She stated
that she was working with Mr. Christopher Patton, Public Information
Coordinator, Information Outreach; and Ms.
Wendy Taylor, Officer Manager, County Manager’s office, to organize a group of
individuals throughout the County who have access to all County sectors in
order to educate every citizen as to the importance of completing the 2010
Census. She explained that a U.S. Census
representative would be conducting the meeting, but that her office would send
letters to a number of people inviting them to participate on this Committee. She commented that this would be an ongoing
process for about a year.
REPORTS
- COMMISSIONER HILL - DISTRICT 1
DOWNTOWN
TAVARES CONSTRUCTION
Commr.
Hill stated that she appreciated Commr. Conner’s discussion of the building
construction and explained that they were trying desperately not to reduce the
footprint of the Judicial Center because it would be hard to go back and
increase it later, and would be utilized by the citizens of Lake County for the
next 50-100 years. She commented that it
should be designed appropriately for its function, and did not want to make
short cuts in this important building.
She stated further that it was to be the peoples’ building and should be
built to a standard where business could be transacted in comfort and safety
with easy public access.
ROBOTICS
PROGRAM
Commr.
Hill stated that she would like to discuss further the costs of the Robotics
Program. She commented that she had
always thought it was a public/private venture and if they were going to expend
funds they would want to encourage the business community to step forward. She explained that the program benefits
students with the education component of Economic Development and perhaps that
was something the IT businesses should be involved in rather than having the
County always take the lead. She
commented that rather than using new or additional dollars perhaps the County
could reallocate, or redistribute, funding that they have in school projects
that might not be needed this year. She
explained that she did not want to touch the $100,000 summer program, but if
they had the dollars already in a program slated for school, this might be a
good project to encourage involvement of the School Board, the County and
businesses in the County.
Commr.
Stewart explained that they have a committee working very hard right now to get
business partners involved. She stated
that they got a late start this year and that was why they were seeking money
this year. She commented that next year
they should be up and running by getting private partners make donations. She expressed their desire to be successful
enough to never ask for any outside money.
Commr.
Cadwell mentioned that similar other projects always do better when they have a
commitment from the government. He
explained that the County Manager would bring back a proposal with options of
where they could obtain the funds to assist in this endeavor.
REPORTS
- COMMISSIONER RENICK - DISTRICT 2
MT.
PLYMOUTH / SORRENTO ADVISORY BOARD
Commr.
Renick expressed her desire to postpone their workshop with the Constitutional
Officers regarding space needs within the Downtown Tavares Construction. She also commented that the Mt.
Plymouth/Sorrento Advisory Board should be discussed because it seems to be
dysfunctional and wondered if it should be dissolved.
Commr.
Stewart stated she had thought it would be much easier to eliminate that board,
but the community was very strong on the direction they want to go in the
future and she felt that this committee needs some say so in it. She commented that she had faith that they
would come together and get the job done.
She explained that they have had health issues with two of the members
and that the Board had given her permission a few weeks ago to let Growth
Management come up with the LDRs for the committee to review and keep what they
liked and change the things they did not like.
She stated, however, if it got back to where there was dissention and
not being productive, she would support dissolving the committee. She did, however, conclude that she would like
to give it one more shot because the committee has the true interest of that
community at heart and could make some good decisions for them.
EMERGENCY
GATE AT THE VISTAS
Commr.
Renick asked that staff bring The Vistas back before the Board with regard to
fire issues. She explained that she was
not suggesting the road be opened, but that with new technology available an
emergency gate could be installed which would open to the sound of the sirens
and would not be opened for traffic. She
commented that the road had been closed with a discussion of a berm which would
not allow fire service to get through.
She mentioned that she had discussed this idea with residents of The
Vistas. She stated that after the
Board’s decision she had spoken with Chief James Dickerson, Assistant Fire
Chief, and Fire Chief Gary Kaiser and then met with Mr. Sandy Minkoff, Ms.
Cindy Hall and Mr. Jim Stivender. She
commented that she and Chief Kaiser met with the representatives from the
Homeowners Association and they agreed during that meeting to go forward with
the gate and has now heard that they are not in agreement to install the
gate. She stated she would like to have
this discussion again and that they had previously leaned towards a berm rather
than an emergency gate.
Commr.
Stewart commented that she thought they had already looked into the emergency
gate and had decided it would not work.
Commr.
Renick explained that discussion was about the old crash gates and this gate
has been designed within the last two years with new technology.
Chief
Gary Kaiser, Public Safety Director stated that there is a single lane gate
available that would be operable from the 800 MHz police radios and would not
be operable by any means other than Fire
Rescue and Emergency Medical Services (EMS).
Commr.
Cadwell wanted to know if they had talked with the Homeowners Association about
sharing that cost with the County like they were going to do with the berm.
Commr.
Renick stated that the costs were theirs and thought, although she had not
gotten estimates, but that she got the impression that it should not be
terribly expensive to get the gate.
Commr.
Cadwell asked that they obtain some pricing for an emergency gate.
REPORTS
- COMMISSIONER STEWART - DISTRICT 4
ROBOTICS
TEAM
Commr.
Stewart stated that she would like to know if they could get any help for the
one remaining Robotics team for competition this year. She commented that their committee has been
working hard on it but have not been successful. She stated the team was from a combination of
schools comprised of Mt. Dora, Mt. Dora Bible, Tavares and Eustis.
Commr.
Cadwell asked that Commr. Stewart obtain the information and actual dollar
figures they need and they could bring that discussion forward at the January
Board meeting.
EAGLE
FASTENER & SUPPLY, LLC
Commr.
Stewart recognized Mr. Marty Morrison’s business, Eagle Fastener & Supply,
LLC in South Lake who distribute fasteners and industrial supplies in Lake,
Orange, Seminole and Osceola counties.
She stated that in spite of the hard times everyone is going through, he
contacted the Board to help him and his employees in supporting the Guardian Ad
Litem Program. After directing him to
the Guardian Ad Litem Program, she learned that his business would be making
donations to help children caught up in the court system.
CERTIFICATE
OF APPRECIATION
Commr.
Stewart stated that the Board had received a Certificate of Appreciation from
Lake Community Action Agency for their Financial Resources and Commitment to
the Citizens of Lake County.
REPORTS
- COMMISSIONER CADWELL - DISTRICT 5
COMMITTEE
APPOINTMENTS
Commr.
Cadwell reported that Ms. Wendy Taylor, Executive Office Manager, County
Manager’s Office, would be distributing the committee appointments to the Board
today containing a list of all Commissioner Liaisons to those committees. He stated that there would also be a listing
of who served on the various committees now and explained that if there was something
a Commissioner was interested in to write the choices down even though another
Commissioner may already be on that committee.
He commented that they would try to get everyone into their fields of
interest, noting that they move around on those committees at times.
REDESIGNING
THE LAKE COUNTY FLAG
Commr.
Cadwell stated that they spend a lot of time internally with branding and the
County’s new logo and thought it was time to redesign the County flag. He mentioned that he had a brief conversation
with Mr. Neil Kelly, Clerk of the Court, and would like to get with the other
Constitutional Officers together to see if they were interested in bringing
forth some different designs for a new flag.
He stated that they would obtain information as to whether this could be
done by Resolution. There was a
consensus of the Board for staff to work on obtaining information about
redesigning the County flag.
CITIZEN QUESTION AND COMMENT
PERIOD
Ms.
Peggy Belflower, 43505 Indian Mound Trail, which is located in unincorporated
Lake County, in District 4, stated that she was here to discuss a two-fold
issue. She stated that her initial
purpose for appearing today was to ask the Commission to consider creating a
policy that if a committee is put on hiatus or halted, or its work is stopped
for any period of time that it would take an actual vote of the Board, not just
the action of the Liaison to that committee or advisory board. She stated that this was brought to her
attention when the Mt. Plymouth / Sorrento Planning Advisory Committee was put
on hiatus. She commented it was not made
clear in the Board meeting that was what was being done. She explained that it was referenced that
staff was going to write the LDRs and take them back to the committee when they
were ready, but was not really made clear that the committee was put on
hold. She stated that it was only after
she sent an email to staff requesting notification of the hiatus that it was
placed on the website and she expressed her appreciation.
Commr.
Cadwell interjected that it was his recollection of the meeting that while the
Board did not take any action, no motion was made as one was not needed, but
there was a consensus that this was probably the best thing to do. He commented that he had a different opinion
of that meeting than she did.
Ms.
Belflower commented that it probably was understood by each of the
Commissioners that the committee was being put on hiatus until those LDRs were
prepared by staff and ready to take back to the committee in six months, but
actually putting the committee on hiatus was never mentioned in the meeting so
it was unclear to the public that was what was being done. She stated that there was a subsequent
letter, a copy of which she received from staff, which went out to the
committee members explaining the hiatus, but still the public was not put on
notice of that fact. She commented that
the consensus was fine, but she would prefer that any committee or board that
is put on hiatus, or halted for any reason, would require a vote of the County
Commission so that it was a public event and not just a possible vague
reference.
Ms.
Belflower stated that due to the fact she had attended the Mt. Plymouth /
Sorrento Planning Advisory Committee for the past two years, she thought Commr.
Stewart made a very good decision when she suggested the Committee should go in
hiatus so that the staff could write the LDRs as the committee was not
accomplishing much due to conflict within the committee. As a citizen observer in that District and
one who attends most of the meetings, she thought it would be a very good idea
to sunset the committee as it does not seem to be able to come to agreement on
any one thing. She noted that it was not
just the people working on this committee today, but even after restructuring
the committee with new and different members added to it, they still have
trouble functioning as a working committee.
She stated in summary that she would like two things: (1) that the BCC consider creating a policy
where a vote would be taken if any committee is halted or put on hiatus; and
(2) to sunset that particular committee and turn its work over to the LPA which
is in contact with the Mt. Plymouth /Sorrento community and its desires. She expressed her appreciation to the Board
for their time and to Commr. Stewart for trying to make the committee better
with the hiatus.
---------------
Ms.
Christine Harris of Mt. Dora addressed the Board stating that she serves in the
capacity as an attorney for the State Department of Insurance and wanted to put
on record that in January 2006 in this very building she was attacked by two
officers from the Tavares City Police Department under the direction of Lake
County School Superintendent Anna Cowin and School Board Chairperson Jimmy
Conner. For that reason, she stated that
she objects to Mr. Conner serving as a Commissioner on the Lake County
Board. She reported that she had
submitted information regarding a request for the League of Cities to be
reviewed for payment as there has been a legal case against them which has been
completed and the funds need to be approved. She requested that the Board
review the budget and submit payment to her in full.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:50 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK