A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
February 2, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, February 2, 2010 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; Elaine Renick, Vice Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and DeAnna Diggs, Deputy Clerk.
INVOCATION and pledge
Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.
Mr. Sandy Minkoff, Interim County Manager, stated that there was an addendum to add to the agenda.
On a motion by Commr. Stewart, seconded by Commr. Renick, and carried unanimously by a 5-0 vote, the Board approved the Minutes of January 5, 2010 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Item 1, 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.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 9, pulling Tab 7 for discussion, as follows:
Request for approval and authorization for the Chairman to sign the FY 2009-10 CDBG Partnership Agreement between the Town of Montverde and the County in an amount not to exceed $32,300, granting the Town CDBG funds to make improvements to Truskett Park, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
Request for approval of a term and supply contract award to Adapco, Inc. for the provision of mosquito insecticide chemicals, and approve issuance of implementing purchase orders by Procurement services.
Fiscal and Administrative Services
Request for approval of Unanticipated Revenue Resolution No. 2010-09 to receive funds from Tavares, Clermont, Howey-in-the-Hills, Mascotte, Minneola, Mt. Dora, Groveland and Umatilla to reimburse the Supervisor of Elections for the costs associated with assistance provided during the November 3, 2009 municipal elections.
Request for approval of the attached Memorandum of Understanding between Lake County Water Authority and Lake County, Florida for the sharing of canoes and kayaks, related equipment and joint participation in interpretive nature trips.
Request for approval for a budget change request – Parks MSTU Fund – move funds to Repair and Maintenance.
Request for approval of the execution of a contract with ACTS Construction Inc. in the amount of $38,071 for the provision and installation of a new 3000 gallon fuel tank at the Sheriff’s vehicle maintenance facility located in Eustis.
Request for approval to award RSQ 09-0037, Design Development and Construction Document Services for the East Lake Community Park to Bellomo-Herbert & Co. in the amount of $150,000.
Commr. Conner expressed his concern with awarding a firm which was willing to spend only 37% of the dollars spent with Lake County firms as opposed to spending 80%, and stated he is not willing to support this item.
Commr. Renick commented that the firm will use some local contractors, but noted that the selection committee had overwhelming support for this particular company.
On a motion by Commr. Hill, seconded by Commr. Renick, and carried by a vote of 4-1, the Board approved Tab 7, awarding RSQ 09-0037, Design Development and Construction Document Services for the East Lake Community Park to Bellomo-Herbert & Co. in the amount of $150,000.
Commr. Conner voted “no”.
COUNTY ATTORNEY’S CONSENT AGENDA
Request for approval of refunding purchase price for tax deed to Robert Hale.
Request for approval of letter of renewal with Data Graphics for county office lease space.
Request for approval of First Amendment with Bowen Radson Schroth, P.A. for title closing services.
Request for approval of termination between Lake County and Triangle Industrial Park.
Ms. Susan Irby, Employee Services, presented the following employee awards, commenting briefly about each employee’s service to the County.
James Appoloney, Senior Maintenance Specialist
Environmental Utilities/Solid Waste Disposal Operations
David Hudson, Firefighter/EMT (not present)
Public Safety/Fire Rescue
Lawrence Nuss, Laborer (not present)
Public Resources/Tourism & Business Relation/Fairgrounds
Kathleen Oberg, Library Assistant
Public Resources/Library Services/Cagan Crossings Library
Sandra Price, Librarian I
Public Resources/Library Services
Christen Svendsen, Firefighter/EMT (not present)
Public Safety/Fire Rescue
Jeffrey Cooper, Contracts Administrator
Fiscal & Administrative Services/Procurement
Matthew Dorn, Trades Crew Leader (not present)
Facilities Development & Management/Maintenance
James Dunkle, Technology Asset Manager
Information Technology/Information Systems
Jack Todd, Laborer (not present)
Public Resources/Tourism & Business Relations/Fairgrounds
Stephen Yaw, Trades Crew Leader
Public Resources/Parks & Trails
Charles Blinco, Fire Lieutenant/EMT (not present)
Public Safety/Fire Rescue
Christopher Croughwell, Battalion Fire Chief (not present)
Public Safety/Fire Rescue
Jeffrey Letourneau, Firefighter/EMT
Public Safety/Fire Rescue
Ms. Allison Thall, Community Services, presented the following employee award, commenting briefly about her service to the County.
Kathy Hartenstein, Office Associate III
Community Services/Transportation & Housing/Public Transportation
Mr. Jim Stivender, Public Works, presented the following employee award, commenting briefly about his service to the County.
Leonard Connell, Equipment Operator I
Public Works/Road Operations/Maintenance Area I (Leesburg)
Mr. Steve Earls, Information Technology, presented the following employee award, commenting briefly about his service to the County.
employee of the quarter
Christopher Patton, Public Information Coordinator
Information Technology/Information Outreach
Mr. Greg Welstead, Conservation and Compliance, presented the following employee award, commenting briefly about her service to the County.
annual customer service award
Lorraine “Honey” Brown, Office Associate II
Conservation & Compliance/Probation Services
Mr. T.J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (LSMPO), announced that the Keep Lake Moving Award was presented to the Public Transportation Department for their improvements to LakeXpress and their effective negotiations with Lynx at the 3rd Annual Awards Ceremony. He noted that an Honorable Mention Award was presented to the Attorney’s Office, Public Works, Growth Management, and the LSMPO for their collaborative efforts in the rewriting of Chapter 5, and to Public Works for their tireless and effective work in producing stimulus funds for all the contracts. He stated the efforts of Mayor Yeager, Mayor Yatzuk, and Commr. Hill were acknowledged, and noted that they were considered for the Leadership Award. He presented the Leadership Award to Commr. Renick for her efforts in trying to make an effective transition between transportation and land use.
coffee table book
Mr. Russ Sloan, Lake-Sumter Community College (LSCC) Business Resource Center, presented the Board with an update on the hard covered coffee table book that LSCC created for the County. He noted that Lake County’s book profiles nineteen incorporated cities and two counties, and that it was produced mostly in-county. He stated that the book’s primary purpose was economic development with goals to recruit employees using Lake County residents. He added that the goal was to produce a marketing piece that Lake County could take immense pride in. He informed the Board that 10,000 books were printed with a ten year shelf life, and noted that 5300 of the books have been distributed. He thanked the Board and Dr. Chuck Mojock for their confidence and blessings in the mission to display the County to the best of its ability.
resolution Nos. 2010-10 and 2010-11
Mr. Stivender, acknowledged Mr. Noble Olasimbo, Transportation Planning Manager, for his contributions in acquiring millions of dollars in grants over the last 10 years. He added that $150,000 was budgeted last year to put a signalized intersection at Steve’s Road and Citrus Tower Boulevard, but stated that Mr. Olasimbo was able to negotiate with FDOT to include a sidewalk to the school and a trailer on the property.
On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 5-0, the Board approved Tab 15, adopting Resolution No. 2010-10 and executing the JPA Agreement for intersection improvements at Citrus Tower Boulevard and Steve’s Road – FDOT Transportation Infrastructure Pilot Program for Fiscal Year 2009-2010, and approving Resolution No. 2010-11 to amend the budget, approving the Public Works Department to move forward with installation of a Traffic Signal at Citrus Tower Boulevard & Steve’s Road, construct sidewalks from Citrus Tower Boulevard to East Ridge Middle School entrance, purchase variable message boards with trailer for a total cost of $310,000, and approving to advertise for bids.
rezoning consent agenda
Mr. Brian Sheahan, Planning and Community Design Director, Growth Management Department, reported that the Agenda has been properly advertised and that they had no changes to the Agenda this morning.
The Chairman opened the public hearing regarding the Rezoning Consent Agenda.
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. Conner and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 2 – Ordinance No. 2010-3
Charles K. & Allison A. Sellars and Charles D. & Avor L. Sellars, Trustees
Rezoning Case No. PH#1-10-1
Request approval to rezone two parcels consisting of 10.38 acres from Agriculture (A) to Rural Residential (R-1) in order to create four parcels and add three single-family homes.
Tab 3 – Ordinance No. 2010-04
Barahona Florida Trust/Jose R. & Kathy
Barahona, Co-Trustee/Cemex Construction
Materials Florida, LLC/474 Sand Mine
Rezoning Case No. MSP#10/1/1-2
Request approval to amend the existing sand mine permitted under Ordinance #2002-50 a/k/a MSP#02/4/1-2 to add approximately 0.30 (3/10) acre of land area for future expansion of the sand mine.
rezoning regular agenda
Mr. Steve Greene, Chief Planner, Planning and Community Design, presented Rezoning Case No. PH# 20-09-5, stating that the applicant is requesting to rezone a 20-acre piece of property from Mixed Home Residential (RM) to Mobile Home Rental Park (RMRP). He related that the property is located on Alco Road, which is south of SR 40 in Astor, and the current land use of the property is urban expansion He noted that the request for RMRP is consistent with what LDR allows and with the urban expansion Future Land Use category. He reported that the applicant proposed fifty-four lots that equates to 2.7 dwelling units per acre, and that density would be consistent with the urban expansion density land use. He stated that SR 40 would provide the primary access, but explained that the applicant will be required to improve a segment of road that is currently operating under an unacceptable level of service to allow the property to connect to SR 40. He expressed that water and sewer are available through St. John’s River Utility Inc., and noted that the developer will be required to provide the water and sewer connections. He related that the property has flood zones on its southwest portion, and the applicant will be required to provide a Storm Water Management Plan to reflect how he will manage storm water on the property to make sure that impacts are mitigated. He added that the property is located in an area frequented by black bears as identified by the Florida Fish and Wildlife Conservation Commission, and stated that the applicant will be required to present an Environmental Assessment to demonstrate how an environmental impact will be mitigated on the property. He expressed that the request is consistent with the character of the area, and stated that staff recommends approval.
The Chairman opened the public hearing regarding the Rezoning Consent Agenda.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the Rezoning Regular Agenda, as follows:
Tab 1 – Ordinance No. 2010-05
James P. & Joanne C. Loflin/Ted Wicks, P.E.
Forest Park Mobile Home Community
Rezoning Case No. PH#20-09-5
Request approval to rezone property from RM to RMRP to allow the construction and operation of a mobile home rental park.
solid waste alternatives task force
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved postponing the appointment of individuals to the Solid Wast Alternatives Task Force and appointment of non-voting Commssioner liaison until a later meeting.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Julia Nix to serve as Montverde City Council’s Member (to complete unexpired term of Wendy Wickwire) and appointment of Laura Pierce to serve as Alternate Member on the Lake County Library Advisory Board, with both terms ending 2/28/11.
REPORTS – COUNTY ATTORNEY
Option agreement relating to the clermont sprayfield
Ms. Melanie Marsh, Acting County Attorney, stated that the Option Agreement between the County and the City of Clermont relating to the Clermont Sprayfield is being brought back to the Board, and noted that the deadline to make a decision on the option is February 8, 2010. She added that it has been brought to the attention of the County that an adjacent piece of property is available at a significantly lower price and a decision to move forward with the Sprayfield Contract or to terminate the option needs to be made.
Commr. Renick expressed her concerns with terminating the Option Agreement, and suggested that the contract be renegotiated. She stated that the contract with the City of Clermont is more than just the price of the land because the contract includes excellent terms. She specified the terms in the contract, explaining that the County will not be required to make the first payment for three years, and then they will be put on a payment schedule. She commented that the City of Clermont planned to develop two parks which will be available to County residents and expressed her concern at the possibility of neither park being developed. She requested that the contract be re-negotiated instead of terminated.
Commr. Conner reminded the Board that there was a vote of 3-2 regarding the purchase of this property, and stated that he voted against the proposal because he felt that although the price was fair, the County was not in a financial position to build the park. He asked for clarification on the acreage and price of the original proposed piece of property and on the new alternative piece of property.
Mr. Sandy Minkoff, Interim County Manager, replied that the property purchased in Clermont is estimated to have one hundred usable acres and the purchase price was $4.1 million with the terms as Commr. Renick has indicated. He added that the adjacent property that was offered was a much larger piece with over two hundred usable acres for a purchase price of approximately $3.5 million.
Commr. Conner questioned whether the County could realistically afford either piece of property.
Mr. Minkoff replied that it would be the Board’s decision on which piece of property to purchase, but stated that there is a tremendous need there for recreational facilities in the City of Clermont. He noted that the Board adopted a plan to provide recreational facilities, and the City of Clermont has been accommodating out-of-city children in the program. He explained that without the park, county children will be left with no place to have recreation.
Commr. Conner questioned where the funds for this project would come from.
Mr. Minkoff answered that approximately $2 million is in the budget for this project, and no payments will be required until the 3rd year. He added that the County could afford to buy the land and build the park from a financial standpoint.
Commr. Renick stated that due to the state of the economy, now would be the time to purchase land if the County has the ability to, and added that the City of Clermont has been in need of recreational facilities for some time.
Commr. Conner expressed his concerns pertaining to overspending due to decreasing revenues, and mentioned that he was not comfortable with making financial commitments that could not be fulfilled.
Commr. Renick expressed that she felt that the Board’s decision should focus on whether there is a need in the City of Clermont for these two parks.
Commr. Cadwell stated that the City of Clermont has agreed to reinvest the money in the purchased piece of property for recreation, and requested that the language be added to the contract.
Commr. Renick suggested that each Commissioner visit the property to familiarize them with what the City of Clermont has planned for the Inland Groves property.
Commr. Stewart noted that she was in agreement with Commr. Conner’s remarks.
Commr. Hill related that she also voted against supporting this project. She expressed that she was not comfortable with the debt the County would incur to purchase property already owned by the City of Clermont, considering the County has at great expense contributed to the City of Clermont with the purchase of Inland Groves property, and by providing $1 million for softball fields. She suggested that the County utilize the available funds from existing impact fees to complete the Inland Groves project.
Commr. Renick specified that the County residents would receive the most benefit from this project.
Commr. Hill replied that she did not believe that the project was exclusively for County residents.
Commr. Renick noted that the City of Clermont has tried to absorb the County’s responsibility of providing facilities for County residents, and they need more facilities to be able to accommodate both city and County residents.
Commr. Hill commented that there needed to be an analysis pertaining to all children countywide.
Commr. Stewart expressed that she believed that the children needed to be categorized between city and County residents.
Commr. Cadwell recommended that the District’s Commissioner discuss with the City of Clermont what their intentions are for the money, and bring an analysis back to the Board.
Ms. Marsh stated that the current contract with the City of Clermont extends the due diligence date to February 8, 2010, and if all the dates are not extended for terminating the contract, the County would be bound to close on the agreement on March 16, 2010.
Mr. Wayne Saunders, City of Clermont Manager, commented that he had the ability to extend the closing date if it was the intent of the Board.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved extending all dates in the contract for sixty days while retaining the option to terminate the contract if the City of Clermont does not grant the extension.
REPORTS – COMMISIONER CADWELL – CHAIRMAN AND DISTRICT 5
appointment of lake county health department administrator
Mr. Michael Sutton, Assistant Deputy Secretary, Florida Department of Health, stated he was following up with the letter that was sent to the Board requesting the concurrence of the appointment of Ms. Donna Gregory as the new Administrator of the Lake County Health Department. He noted that under Florida Statute, County Health Departments are state entities, but they are an open and working partnership with local county government working together to continually improve the health of the citizens of Lake County and protect them from the environment. He commented that Ms. Gregory has over 30 years of public health experience, and she has previously served as the Assistant Director in Lake County at the Health Department.
Ms. Donna Gregory, thanked the County Commissioners and the County Manager for their confidence in supporting her as the future Administrator of Lake County.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board appointed Ms. Donna Gregory as the Administrator of the Lake County Health Department.
recess and reassembly
At 10:10 a.m. the Chairman announced that there would be a ten-minute recess.
meals on wheels
Mr. Michael Tart, LASER (Lake and Sumter Emergency Recovery) Executive Director, presented the Board with an update of the Meals on Wheels program. He stated that there were 1,500 volunteers that worked over a 3-day period to serve approximately 200,000 meals to be shipped to Haiti. He thanked the Board and the County for their support, stating that it was a collaborative effort among the entire county.
REPORTS – COUNTY MANAGER
transportation impact fees
Mr. Minkoff stated that the Board had been provided with information regarding how the surrounding counties are handling their transportation impact fees and demonstrating the amount of impact fees that a typical business would pay. He noted that the fees for transportation and fire were included, and added that the County estimates to collect $160,000 with three-quarters coming from commercial properties.
Commr. Hill reiterated that the discussion was in regards to jobs and job creation and that the business community as well as the citizens, were expecting fairness and consistency. She explained that the Impact Fee Committee’s recommendation was to be supportive of the BCC in exploring the idea of an indefinite suspension of the collection of transportation impact fees, and that passed unanimously. She noted that Duncan & Associates had been hired as the consultant, and that the first report was due April of this year. She reported that Duncan & Associates are recommending less impact fee categories, and had utilized that approach with other entities, which has greatly reduced the number of administrative problems. She related that they are interested in implementing indexing, but specified that this will be a very different methodology than what has previously been used by the county pertaining to impact fees.
Commr. Cadwell stated that the transportation impact fees have been a problem for some time, but opined that any approved relief be distributed evenly. He suggested suspending the transportation impact fee collection until December 31, 2010, where the issue can be addressed by ordinance on whether to extend the period of relief or terminate the suspension of fees.
Commr. Renick commented that the motivation is to stimulate the local economy while searching for relief to create jobs. She expressed her concerns about lifting impact fees and the impact it would cause to current jobs. She suggested that the impact fees for new businesses be paid with the County’s incentive funds.
Commr. Stewart supported Commr. Renick’s idea, and opined that the best use of the incentive money would be to help new businesses in that way.
Commr. Cadwell related that road construction is one department in Lake County that received stimulus money, so their projects continue to move forward. He expressed that he would rather gamble on the funds the County may receive as opposed to what funds the County has already received.
Commr. Conner questioned who would receive the funds from the economic stimulus program if it was used to pay impact fees. He suggested that transportation impact fees be waived until December 31, 2010, rather than using the incentive funds to pay them.
Commr. Stewart opined that this would conclude as the perfect economic stimulus because if the impact fees are waived, the citizens will absorb the cost. She expressed her support for Commr. Renick’s suggestion of using the incentive money to pay the transportation impact fees rather than waiving the fees.
Commr. Cadwell noted that impact fees are only a small portion of transportation fees except in a singular commercial project.
Commr. Hill stated that she believed impact fees were the main portion of transportation fees, and asked what would happen to the prepaid certificates, deferrals, and developer agreements that are already in effect.
Commr. Renick referred to Commr. Hill’s comments regarding the Impact Fee Committee restructuring the methodology, and questioned the time frame of that report coming back to the Board.
Commr. Stewart replied that the Board would receive the report in April.
Commr. Conner stated that he would answer Commr. Hill’s question, explaining that the County would pass an ordinance that would only affect new projects. He noted that the purpose is to stimulate rather than to reward, and added that the main focus is to create jobs. He opined that he would like to see the passion that individuals have for some other issues be relocated to the unemployment crisis.
Commr. Stewart stated that all Board members agreed that there is a problem with the commercial impact fees, but related that residential impact fees can not be left out of the equation, because last year impact fees for transportation were split evenly between residential and commercial. She expressed her concerns with the burden of the impact fees falling on the citizens.
Commr. Cadwell reminded the Board that the available incentive funds were provided by the citizens.
Commr. Stewart remarked that the most benefit would be received if the incentive money was used to pay the impact fees because the citizens have already provided the County with these funds.
Commr. Renick commented that she has not known of many businesses that have asked to take advantage of the incentive money.
Mr. Minkoff clarified that the County has had two agreements to incentivize jobs this year, but noted that a large amount of the incentive money has not been used.
Commr. Hill stated that there is $5.3 million in impact fee credits, and expressed her concern of how the prepayment certificates, deferrals, and developer agreements would be addressed. She noted that the deferral program was created to help incentivize.
Commr. Renick opined that the citizens are concerned with ways to stimulate the economy now so that every one receives the benefits. She expressed that the “fairness” issue would never be resolved, and added that using the incentive money to pay impact fees would also create a lighter workload for staff.
Mr. Minkoff mentioned that the simplest solution would be to pay transportation impact fees after a certain date for any new commercial or industrial projects willing to start construction immediately.
Commr. Cadwell questioned the legality of paying impact fees since it is illegal to waive them.
Mr. Minkoff replied that the incentive money would be used to pay the fees and give incentives to new businesses, just as job growth does for the County.
Commr. Conner related that if the impact fees were waived instead of paid with incentive funds, then the incentive money would still be available at the end of the year. He encouraged the Board to consider the benefits of waiving the impact fees, and suggested discussing the repercussions of taking the money out of the incentive account with the Economic Development Director.
Commr. Stewart noted that paying the impact fees accomplishes the same goal while protecting the taxpayer’s money.
Commr. Renick suggested that the Board direct staff to bring back an analysis that outlines the pros and cons of both options.
Mr. Minkoff clarified that the analysis could be completed within a week, and the ordinance could be advertised by March 2.
Commr. Conner commented that the Impact Fee Committee unanimously supported the indefinite waiving of impact fees rather than paying them from another fund.
Commr. Hill clarified that the Impact Fee Committee was supportive of the BCC exploring the idea of the indefinite suspension of the collection.
Commr. Stewart related that she supported taking fees away from commercial, but noted that six of the seven surrounding counties are continuing to collect impact fees.
Commr. Renick reported that Marion County is the only county that has lifted impact fees, and stated that their fees have not been lifted long enough to know the true benefit yet.
Mr. Minkoff suggested that the public hearing for the ordinance be scheduled for the March 2, 2010, BCC Meeting.
Commr. Stewart questioned if the Board could change the time period of the ordinance after it was approved.
Commr. Cadwell replied that the ordinance can be made less restrictive.
Commr. Conner asked when the Impact Fee Committee’s next meeting was scheduled.
Commr. Hill replied that the next meeting would be in April, but stated that a special meeting could be scheduled before that time.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved advertising the ordinance for suspension of transportation impact fees up until December 31, 2010, and directed staff to analyze the recommendations brought forward today and bring those back to the Board.
addendum no. 1-i
resolution no. 2010-12
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the responding Resolution No. 2010-12 to City of Umatilla’s Resolution 2009-45, initiating the process specified in Section 171.203, Florida Statutes, to negotiate an Interlocal Service Boundary Agreement.
addendum no. 1-II
appointment to lsmpo Citizen’s advisory committee
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed Mr. Bill Calhoun to vacant District 5 position on the Lake-Sumter Metropolitan Planning Organziation Citizen’s Advisory Committee (LSMPO-CAC) to serve a two-year term ending December 31, 2011.
addendum no. 1-iii
collective bargaining agreement with iaff
Mr. Minkoff requested that the Board approve to ratify the collective bargaining agreement with the firefighter’s union, and stated that the agreement has been approved by the union. He noted that the Board was provided with a special copy that underlined the proposed changes.
Commr. Cadwell expressed that he was satisfied with the negotiations.
Commr. Hill opined that firefighters should be separated from the majority of other county employees because of the danger and stress that accompanies the occupation, and that the contract was fair.
Commr. Conner expressed his concerns with the agreement, specifying that the second sentence of Article 17 reads, “The County has no plans to increase costs or reduce benefits for insurance.” He commented that he agreed with Commr. Hill, but added that he was not comfortable supporting that sentence in the contract.
Commr. Stewart mentioned that she shared Commr. Conner’s concerns about the health plan topic, but added that Article 17 does not prohibit the Board from changing health coverage or increasing costs if all other options are exhausted.
Commr. Cadwell agreed that the Board does not wish to change healthcare so that it is not of equal treatment to all employees, but noted that the specific healthcare program being mentioned is a very strong program.
Commr. Renick related that the third sentence of Article 17 should eliminate the concerns about healthcare because it reads, “If the County intends to change insurance benefit levels or contributions for all County employees, then the County shall provide the Union with notice and opportunity to bargain over any negotiable insurance changes for each fiscal year after FY 2009-2010, and, in that case, the Union may bargain for a wage increase.”
Ms. Marsh confirmed that the third sentence would allow the Board to change the plan if absolutely necessary.
Commr. Conner expressed his concerns with Article 18, stating it reads, “The County shall not subject bargaining unit employees to unpaid furloughs or reductions in regularly assigned hours during the term of this agreement.” He added that Article 18 proposes a wage freeze, and opined that he was not comfortable with making financial commitments because the County is not aware of the upcoming revenues.
Commr. Renick opined that public safety is one department that cannot afford to be understaffed, and expressed her concerns with starting the negotiation process over again.
Commr. Conner informed the Board that another change he was not prepared to support was Article 25, which allows the selling back of annual leave.
Mr. Minkoff explained that the Union believed they would save money by eliminating some overtime.
Commr. Conner mentioned that Article 28 implies that there will be no re-negotiations for two years. He expressed his concern with that proposal, stating that it is reasonable to expect that employer contributions will increase at an unknown level, and noted that he did not wish to make contractual commitments with no knowledge of what revenues would be.
Commr. Renick questioned what would happen to the contract if it is not approved.
Ms. Marsh answered that if the new contract was not approved, then the old contract would be the valid contract.
Mr. Minkoff related that the issue with the old contract was the automatic wage increase which was a legal dispute between the County and the Union, and added that would need to be resolved in court.
Commr. Cadwell expressed that no language in the contract excludes the County from initiating layoffs if it came to that.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1 the Board ratified the collective bargaining agreement between the County and the IAFF.
Commr. Conner voted “no”.
REPORTS – COMMISSIONER HILL –DISTRICT 1
rescheduling of bcc meetings
Commr. Hill requested that the BCC Meeting scheduled for February 16, 2010, be rescheduled to a later date, as some of the Commissioners will be departing to attend a conference in Tallahassee.
Commr. Conner supported the rescheduling of the BCC Meeting, and stated that he planned to participate in Lake County Days.
Mr. Minkoff noted that staff would make the necessary changes to the agenda or notify the Board of any conflicts.
reports – commissioner renick – vice chairman and district 2
national collegiate softball invitation
Commr. Renick announced that Dot Richardson’s 1st Annual Division 1 National Collegiate Softball Invitation will be held February 12 – 14, 2010, in the City of Clermont, with colleges such as UCLA, University of Michigan, Oklahoma, Tennessee, Georgia, UCF, FAU, and University of Tennessee at Chattanooga participating, and added that two of the games will be televised on the Brighthouse Network. She noted that February 22, 2010 – April 2, 2010 is the National Training Center College Spring Games featuring 165 colleges, and the anticipated economic impact estimate is $6.4 million.
commissioner conner – district 3
economic development commission (EDC) update
Commr. Conner reported that he attended the EDC meeting the previous week representing the Lake County BCC in support of the business community, and opined that the EDC had a positive impression of Lake County.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
round lake ELEMENTARY WATER conservation commercial
Commr. Stewart applauded the commercial completed by a 2nd grade class at Round Lake Elementary regarding the partnership between BCC and Lake County Schools to educate the public about water conservation. She thanked those who volunteered their services to make this production a possibility. She requested that a presentation be made to the Board by this 2nd grade class at the BCC Meeting on February 23, 2010.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Bob Funk, a resident of Mt. Dora, expressed his concerns regarding the possible suspension of transportation impact fees. He opined that impact fees should be paid for out of the incentive money that the County has rather than the Board make a decision that would cause the taxpayers to absorb the fees.
Ms. Pam Jennelle, East Lake Chamber of Commerce, stated that she wished to make the Board aware of a change that has occurred since her last appearance. She expressed that the East Lake County Library in Sorrento is a critical part of the community and that the library is currently leased from the Chamber of Commerce. She noted that there was a change from the original plans of a five year lease term with an escalating rent per square foot every year to a five year lease term with a stable rent.
Commr. Stewart thanked the East Lake Chamber of Commerce for the East Lake County Library, adding that it is a critical part of that community.
Mr. Vance Jochim, a resident of Tavares, expressed his concerns with the County’s use of funding sources. He commented that the County has a Special Project Fund and to date the community has not been made aware as to what those funds would be used for.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:41 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK