A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
june 15, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, June 15, 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 Susan Boyajan, Deputy Clerk.
INVOCATION and pledge
Pastor Michael Allen from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.
Agenda update
Commr. Cadwell requested that the Board have some discussion under his business about moving this month’s Zoning Meeting to the first meeting in July.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the addition of said item to the Agenda.
MINUTE APPROVAL
On a motion by Commr. Renick, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the Minutes of May 11, 2010 (Special Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, 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.
Pine Island Community Development District’s Proposed Budget for FY 2011
Request to acknowledge receipt of copy of proposed budget for Fiscal Year 2011 for Pine Island Community Development District in accordance with Section 190.008 (2)(b) Florida Statutes, along with cover letter relating that the public hearing to consider the adoption of this item will be scheduled not less than 60 days from the date of the letter, which was dated May 17, 2010.
Country Club of Mount Dora CDD Operating Budget for FY 2011
Request to acknowledge receipt of copy of proposed operating budget for Fiscal Year 2011 for Country Club of Mount Dora Community Development District in accordance with Section 190.008(2)(b) Florida Statutes, along with cover letter relating that the public hearing to consider the adoption of this item is scheduled for Thursday, August 5, 2010 at 8:30 a.m. at the Country Club of Mount Dora Community Center, 1400 Country Club Blvd., Mount Dora.
Deer Island Community Development District’s Proposed Operating Budget for FY 2011
Request to acknowledge receipt of Deer Island Community Development District’s Proposed Operating Budget for Fiscal Year 2011, and Notice of Public Hearing on August 16, 2010, at 6:00 p.m. at the Deer Island Clubhouse, 18000 Eagles Way, Deer Island, Florida.
City of Clermont’s Comprehensive Annual Financial Report for FY ended 9/30/09
Request to acknowledge receipt of City of Clermont’s Comprehensive Annual Financial Report for the fiscal year ended September 30, 2009 in accordance with Section 163.387(8) of the Florida Statutes, with attached copy of the City’s CRA Annual Report summarizing that agency’s information.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 12, as follows:
Economic Development and Community Services
Request for approval of the Florida Commission for the Transportation Disadvantaged Trip and Equipment Grant Agreement for FY 10-11 and supporting Resolution No. 2010-65. Fiscal Impact is $555,455.
Fiscal and Administrative Services
Request for approval to (1) declare the items on the attached list(s) surplus to County needs, (2) authorize the removal of all of the items on the attached lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles. No Fiscal Impact.
Request for approval of budget change request of $56,071 to transfer funds from the Ambulance and Emergency Medical Services MSTU Fund reserves and appropriate funds to pay for the provision of advanced life support (ALS) services by the City of Groveland. Also request approval of a check request (Direct Pay) for $37,380.56 to Groveland for retroactive compensation from October 2009 to May 2010.
Request for approval to apply for the 2010 COPS Hiring Program (CHP), a competitive grant program that provides funding to hire full-time sworn officers to increase community policing capacity and crime prevention efforts.
Public Resources
Request for approval of new contract with the Central Florida Sports Commission and authorize Chair to sign. Fiscal impact is $279,902 annually for five fiscal years -- amount for FY 09/10 was included in approved budget.
Public Works
Request to accept a maintenance bond in the amount of $129,500 posted by Hubbard Construction Company for the Bates Avenue Widening & Resurfacing Project No. 2009-08. Commission District 4. No fiscal impact.
Request for approval of Resolution No. 2010-66 authorizing the posting of 25 MPH speed limit signs on Diane Dr (3259A) and Lisa Dr (3259B) in Commissioner District 3, Section 15, Township 20, Range 26. There is no fiscal impact.
Request to approve and accept the attached list of public right of way deeds that have been secured in conjunction with roadway and /or stormwater projects. There is no fiscal impact. (Commission Districts 1, 2, 4, 5).
Request for approval to award contract for Rehabilitation of Storm Water Pipes using the Cured in Place Pipe Method to the lowest priced, responsive and responsible vendors for the various locations; Lanzo Lining Services, Inc. and Reynolds Inliner and approval of a budget change request to get the funding on the correct account line. Fiscal Impact is $190,539.50.
Request for approval and signature of Resolution No. 2010-67 to Advertise Public Hearing for Vacation Petition 1155, C. C. Dockery & Virginia Peacock, to vacate an unnamed road right-of-way in the Groveland area. There is no fiscal impact. District 2.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Renick, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 13 through 15, as follows:
Request for approval to advertise an Ordinance repealing Chapter 11, Section 11-1, of the Lake County Code, relating to hospital liens. There is no fiscal impact.
Request for authorization for County Manager, with approval of the County Attorney, to review and approve short sales requests, which includes accepting less than the full amount owed and is prorated based on the number of years left in the term on Lake County’s Mortgage and Note. This is consistent with the recent changes to the Lake County’s Local Housing Assistance Plan (LHAP). This request includes approval to cancel a Mortgage and release the Note executed by Assyria Robideaux on November 8, 2004 and recorded at O.R. Book 2696, Page 1543, upon receipt of $2,500.00. Fiscal impact at this time is $2,500.00. Authorize the Chairman to sign and file a Proof of Claim form with the Federal Deposit Insurance Corporation (FDIC) as it pertains to the Retreat at Silver Creek Development. No fiscal impact.
Request for approval of Mediated Settlement Agreement between Lake County and Jessie J. Edwards and Pauline R. Edwards - Fiscal Impact is $70,000.00.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
economic development and community services
resolution designating lake county as a recovery zone
Mr. Cary Pierce, Business Development Coordinator, Division of Economic Growth and Redevelopment, explained that Tab 16 was a resolution designating Lake County as a Recovery Zone, which would provide the Board the ability to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds as part of the American Recovery and Reinvestment Tax Act of 2009. He further explained that the Recovery Zone Economic Development Bonds are used for qualified economic development purposes, including capital expenditures for property in the zone, expenditures for public infrastructure or facilities, and job training and educational programs. He specified that the Recovery Zone Facility Bonds would be used to finance new capital improvements owned and used by most industrial, commercial, retail, office, or other businesses located in that Recovery Zone. He reported that the allocations for Lake County for the Recovery Zone Economic Development Bonds are $6,770,000, and the allocations for Recovery Zone Facility Bonds are $10,155,000. He related that staff recommends approval for this designation.
After Commr. Conner clarified that this was a federal program, he inquired whether there was a state program for improvement of an identified area that was similar to a recovery zone that he believed was called an enterprise zone and whether they were also eligible to receive local assistance. He commented that he supported this resolution, but he also would like the County to take the initiative to look at the criteria for the enterprise zones and see if they might have some areas that would qualify for some state incentives to help businesses in those zones.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2010-68 designating Lake County as a Recovery Zone and providing the Lake County Board of County Commissioners the ability to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds. There is no Fiscal Impact.
acceptable definition of “ineligible applicant” regarding ship
Ms. Dottie Keedy, Economic Development and Community Services Director, recapped that there was discussion at a prior Board Meeting among the Board regarding creating a definition of an “ineligible applicant” for their SHIP Housing Program, and the Board directed staff to work with the County Attorney’s Office on that definition, which they have brought forward under this item. She specified that that recommended definition is “an ineligible applicant would be any person convicted of a second degree or higher felony who is currently incarcerated or who has been incarcerated within the past five years or who is currently on probation.” She clarified that the term “convicted” shall have the same meaning as set forth in Section 775.131(1), Florida Statutes and shall additionally include those persons convicted of a crime in any court of a state other than Florida, which crime if committed in Florida would be a second degree or higher felony.
Commr. Renick commented that although they wanted to help the needy, they also wanted to make sure that the recipients were deserving, and they did not want a repeat felon taking advantage of this program.
Commr. Cadwell stated that he thought this policy took care of his previous concerns regarding this issue.
Commr. Conner commented that he did not want to see people with criminal backgrounds receive funding ahead of people who did not have criminal backgrounds. He added that he hoped this was a first step in the Board looking at all of their entitlement programs to make sure that the people receiving them are truly deserving.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, the Board approved staff’s recommendation for a definition of “ineligible applicant” as it pertains to the State Housing Initiatives Partnership Program (SHIP) for the purpose of policy development.
incentive award to beacon college
Mr. Pierce stated that Tab 18 was a consideration to award a $25,000 incentive to Beacon College, who notified them of their intent to increase their facilities there. He related that the college was currently financing plans to build a new administrative/student assembly building and new academic housing, as well as pursuing land acquisition options near the campus to increase their student housing. He commented that their plan to increase these facilities would also correlate to increasing student enrollment anticipated to be up to 250 students enrolled annually at Beacon College, which would equate to approximately 10 new professors who would be earning an annual wage of 150 to 200 percent above the average annual wage in Lake County, along with 20 new educational specialists and administrators. He noted that Beacon College had an economic impact study done through Fishkind and Associates showing that this project would have a $5 million annual direct economic impact and an $8.2 million total annual economic impact. He stated that staff recommends consideration to award $25,000 in incentives to Beacon College.
Commr. Hill pointed out that institutions were not one of their target industries, and she was concerned that they were setting a precedent. She mentioned that the economic analysis could be for any public or private school, but they could not contribute to all of them. She noted that this request was to offset permitting and impact fees, and she inquired whether the City of Leesburg could waive those fees for them.
Mr. Pierce responded that he did not know whether Beacon College has contacted the City directly regarding that.
Commr. Conner asked what Beacon College must do to qualify for this money.
Mr. Pierce answered that under their current incentive program, this would be outside their traditional qualified targeted industries sector, since they were not one of the targeted industries that would qualify for the incentive. He stated that they would frame it as a business assistance program, and once $50,000 of those monies have been spent on the capital improvements, then the County could award them $25,000.
Commr. Conner clarified that it was a reimbursement, not an advance.
Commr. Renick asked if Beacon College has to prove that they have hired a certain amount of people.
Mr. Pierce answered that they would not have to do that.
Commr. Conner opined that they would not qualify, since the economic incentive is for job creation.
Mr. Sandy Minkoff, Interim County Manager, explained that there were two types of incentives, one which was directly tied to the number of new jobs and one incentive that they provide businesses to pay a portion of their capital costs. He also stated that they could use the other type of agreement where they would have to demonstrate hiring and retention for two years if the Board wished to go in that direction.
Commr. Conner was concerned that if in the past all of their incentive money has gone to target industries, then approving this would be opening up just about any industry outside the target industries to be eligible for that, and if that was the case he thought they should change the policy before they make an award.
Commr. Stewart commented that although this was not a targeted industry, education is a very important part of their economic development strategic plan to create a learned work force. She stated that the Board needed to take into consideration that this is providing additional educational resources for the County, which are very important in attracting new businesses.
Commr. Hill commented that they all recognize that, but she was just concerned that they were opening the door for every private school or university.
Commr. Cadwell stated that the concern pointed out by the Board was that this was not under the same monitoring system they have for job creation, and he thought staff needed to bring this back and frame the agreement in some way to give the Board a comfort level to guarantee that those jobs would be created, although he did not agree that setting a precedent was necessarily problematic. He suggested to the Board that they postpone this until their next meeting.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried by a vote of 5-0, the Board moved to postpone Tab 18 regarding the incentive award to Beacon College until the next Board Meeting on July 6.
public resources
miracle field at lake idamere park
Ms. Wendy Breeden, Public Resources Director, recapped that this item came to the Board on May 4 for approval to prepare design and construction bid documents for a Miracle Field, and it was requested that they bring this back to the Board after researching another organization who might be willing to assist with fundraising. She reported that at Commr. Hill’s recommendation, they contacted the Children’s Foundation of Lake County, who had indicated that they would accept donations on behalf of the project and assist in organizing fundraising activities, as well as perhaps assisting in the development of grants. She mentioned that the Children’s Foundation has two Board members who are parents of children with mobility challenges and who would have a special interest in this project. She reported that when the Parks and Trails Committee met last night, June 14, they had made a request to postpone it for another month, but they had not yet seen the information about the Children’s Foundation. She noted that they had an offer from Mr. David Clutts of Civil Engineering Solutions Inc. of Tavares for free services, but did not know how long that offer would be on the table.
Commr. Conner stated that he served as the liaison on the Parks and Trails Committee, and he commented that this was a difficult issue to decide how to best move forward with it, because they have to decide if they would pay an architect to design it or if they would wait to get some level of commitment to fund the total amount of the project first, which is approximately between $400,000 and $600,000. He opined that the position of the majority of the committee was to get an idea of how much money could be raised. He opined that if they were going to spend that money to design it, then they needed to make a commitment that they were going to fund it. He also wanted the Board to consider whether this project would be put ahead of the regional park in South Lake County that was part of the master plan, since the Miracle Field project was not part of the master plan.
Commr. Cadwell commented that this was a great project, and the framework of this project is the exact same framework that was used for the Balanced Playground, where they had to invest money up front to show people that it was a valid project that could actually happen. He also commented that the commitment of that group was genuine, and he thought that if they had something to show the business community and people that live in Lake County what they were trying to do, that would assist them in their fundraising. He added that he did not think they would have been successful with the Balanced Playground if they had not taken the first step like what was requested in this item. He agreed, however, that the Board could not commit half a million dollars today to build it, but he stated that he felt comfortable committing $40,000 to help this group try to raise the money.
Commr. Conner commented that the Miracle Field was a worthy cause. He emphasized that the Commission has been clear that they were not funding the project but just showing a good faith effort to start it, and they would rely on contributions to move it forward.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 19, the request for approval to prepare design and construction bid documents for a Miracle Field at Lake Idamere Park at a cost not to exceed $40,000, per existing on-call contract CT070219B with GatorSktch Architects, Inc. The fiscal impact of $40,000 is budgeted.
public safety
purchase of 2500 gallon elliptical tanker
Mr. Jim Dickerson, Operations Chief, Fire Rescue, recommended approval to purchase the replacement tanker due to the December roll-over accident that occurred on CR 561 while responding to the Turnpike incident. He noted that insurance covered all but $87,000, which was from Lake County’s self-insurance fund.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 20, the request for approval of the purchase of one (1) each 2500 Gallon Elliptical Tanker to Pierce Manufacturing per County Contract 08-0803 in the amount of $280,064.00 and to not award ITB# 10-0809 and approve the associated Unanticipated Revenue Resolution No. 2010-69. Fiscal Impact $280,064.00.
public works
interlocal agreement with city of mascotte
Mr. Jim Stivender, Public Works Director, stated that Tab 21 was an interlocal agreement with the City of Mascotte regarding road maintenance and improvement to roads within the city limits, and he explained that the City approached them about some road issues associated with making improvements to AG Road, which is in unincorporated Lake County. He related that they asked the City to take over maintenance of the city streets that were 100 percent within the city limits if the County made some improvements to those streets, and he pointed out that this was not anything above what they would normally do in maintenance of those roads. He noted that Underpass Road was 100 percent in the City, and American Legion Road needed some work such as patching some base failures. He commented that they had a two-year time frame to do the projects, and he pointed out on the monitor a project that was already approved with a separate agreement with the City on widening and resurfacing the road that adds it into this arrangement so that the City will take over maintenance of that also once it is completed. He informed the Board that they were looking at this as the beginning of a program that they would like to work with all of the cities on to try to resolve a lot of those issues.
Commr. Stewart asked if transferring that maintenance would save the County money in the long run.
Mr. Stivender responded that they were providing the funding upfront to eliminate long-term costs.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Tab 21, the request for approval of the Interlocal Agreement between The City of Mascotte and Lake County regarding roads within the City Limits. Fiscal Impact is $227,712.55.
swale/ditch cleaning, digging and related services award
Mr. Stivender explained that Tab 22 was to award a contract to Merrell’s Grade-All, Inc. for work in the amount of $50,000, which is the budgeted amount to do grade-all work around the County.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 22 for approval of an award for Swale/Ditch Cleaning, Digging and Related Services to Merrell's Grade-All, Inc. in conjunction with the County's needs. Fiscal impact: $50,000.
other business
appointment to arts and cultural alliance
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the appointment of the following representatives to the Lake County Arts and Cultural Alliance: Mr. Keith Mullins (reappointment) for City of Clermont, Ms. Amy Griffin (reappointment) for City of Leesburg, Ms. Mary Kay McGuire (reappointment) for City of Minneola, and Mr. John Ernest (appointment) for Town of Howey-in-the-Hills.
appointment to parks, recreation and trails advisory board
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the reappointment of the following representatives to the Parks, Recreation and Trails Advisory Board: Mike Stone (At-Large representative), Dawn McDonald (Lake County School Board), Mayor Chris Bell (League of Cities), and Michael Perry (Lake County Water Authority).
appointment to library advisory board
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the appointment of Mrs. Dusty Matthews to the Library Advisory Board, Commission District 1.
reports
county manager
amendment to contract with ppi
Mr. Minkoff stated that Tab 26 is to approve the contract with PPI for construction of the Judicial Center expansion, and he noted that he had handed out two additional pages that were added to the power point presentation.
Mr. Kristian Swenson, Interim Facilities Director, stated that the first slide was a general review of what the building was going to look like with the architectural rendering of the plan for the Judicial Center expansion, which he noted was essentially the second step in a three-step process for the project. He recapped that the first step was the envelope repairs, which were approved and largely completed at this point, and he related that the third step would be the renovation of the existing building. He pointed out that the next slide showed the budget that was approved in September of 2009, and he specified that the Board approved $43.5 million for today’s item, $2.4 million in contingency, and $3.8 million in allowances and soft costs. He mentioned that $800,000 was also approved for the envelope repairs and $5 million for the renovations which would be done at a later date, and he reported that the total project budget was approximately $55.5 million. He stated that what was being presented today was for the PPI guaranteed maximum price (GMP) for the expansion in the amount of $39.9 million. He reported that they held the contingency at the same amount equating to 6 percent of the GMP, and they have reduced the allowances and soft costs due to the waiving of impact fees.
Mr. Minkoff interjected that the furniture for this project was not included in the guaranteed maximum price, but it is located in the allowances issue, and furniture for this project is significantly different than for the other projects because of the Article V changes to the Constitution that do not require the County to provide most of the furniture for the courts. He stated that the judicial furniture is only in the courtrooms, hearing rooms, and common areas, and they have budgeted enough to take care of their furniture responsibilities, but they may have a request from the Clerk at some point to help him with some furniture as well as the judges.
Commr. Conner commented that the County was saving money by basically purchasing the furniture themselves rather than paying the construction manager to do it, and he commended Mr. Minkoff and the staff for doing it this way.
Mr. Swenson reported that the originally budgeted amount of the envelope repairs to the existing Judicial Center was $800,000, but the costs will actually come in at about $500,000, resulting in a savings for that. He also pointed out that a comparison of the current estimates of the cost of the total project and the budgeted amount showed an approximate savings of about $5 million. He showed figures on the monitor that illustrated that the County needed approximately $50.3 million to proceed, which would leave the balance needed to complete the project after subtracting the funds that were currently available at $7.7 million, and they were anticipating that to be paid for out of sales tax. He went over the projected timetable of the project, reporting that they were planning to start the expansion work in July, and over the fall they would do demolition and site work to prepare for the general construction work planned to begin in 2011. He related that after the completion of the additional building construction scheduled for August of 2012, they would begin reconstruction of the Jury Assembly area and cross-walks, and the construction of the roundabout is currently planned for December 2011 through June 2012.
Mr. Doug Krueger, Fiscal and Administrative Services Director, stated that the shortfall in the project of about $7.7 million mentioned by Mr. Swenson is expected to come from the infrastructure sales tax revenues, and he reported that they collect about $9 million in net infrastructure sales tax revenues on an annual basis, which was allocated and accounted for separately in various funds, including half of that amount for a transportation fund typically used for road resurfacing, road projects, and sidewalk projects, leaving $2,950,000 annually for facilities projects. He illustrated on the monitor a chart showing how they would allocate that over the next several years and pointed out that most of the carry-over projects were related to the South Lake Park, Animal Services, Sheriff Administration Renovation, and Historical Courthouse Renovation, with $500,000 to be carried over in 2011-12 to help fund the Judicial Center project. He reported that they were allocating a total of $7.7 million specifically for the Judicial Center to be extended over three years, which would be $3 million in 2010-11, $2,750,000 in 2011-12, and the balance of $1.9 million in 2012-13. He assured the Board that they would have sufficient funding to cover that project through its construction phase, as well as some additional funds for other facility projects in 2012-13 and 2013-14, since they would not need the full amount for the Judicial Center project.
Mr. Minkoff added that the figures presented have been very conservative and were representative of the absolute worse-case scenario. However, the sales tax revenue projections were using the current numbers which is a good deal more depressed from normal, and those projections also assumed that they would use the entire contingency amount and the entire allowance amount, which they do not anticipate to occur. The projections were also made under the assumption that the GMP would be the actual price of the building, but typically PPI has been able to get the building built for less than the GMP. He summarized that the $7 million figure that was used would be reduced by all of those types of savings if things turn out favorably.
Commr. Hill pointed out that there was not really a shortfall, because they chose to shift approximately $15 million out of this project and back into their general fund reserves and other places.
Commr. Conner asked what the cost per square foot of the construction cost was.
Mr. John Carlson of PPI reported that using the GMP number based on the approximate 168,000 gross square feet of construction, it would be approximately $237 per square foot, which he commented was an incredible price. He also commented that it has been a long time since they have seen a major courts facility like this at that number, since they were traditionally over $300 to $350 per square foot as recently as two or three years ago. He mentioned that there was good participation and good local participation in the bid process by subcontractors at a very good price. He noted that there were five major bid packages in the project going to local contractors totaling about 40 percent of the GMP.
Commr. Conner emphasized that $237 per square foot was an incredibly competitive price and noted that the GMP was $3 to $4 million less than what was projected even a few months ago. He opined that they were being very good stewards of that money.
Commr. Cadwell added that they were also working with a company that the County has confidence would do a quality job for them.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 26, the request for approval to execute an amendment to PPI's contract for Phase II Guaranteed Maximum Price (GMP) in the amount of $39,949,581; and approval for allowances and contingency in the amount of $5,425,000 to be used with the approval of the Director of Facilities and County Manager. Total request is $45,374,581. Fiscal impact is $45,374,581.
interlocal agreements with the city of tavares
Mr. Minkoff explained that Tab 27 was a request for approval of two agreements with the City of Tavares which the Board has previously discussed regarding the roundabout agreement and the new agreement for the Clerk’s Record Center building. He noted that both of these were required to get the final site plan approval for the project.
Commr. Stewart pointed out that the roundabout the County was using was the least expensive one.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 27, the request for approval of the two Interlocal Agreements with the City of Tavares regarding (1) the Roundabout and (2) the Clerk’s Record Center building. There is no Fiscal Impact.
funding for replacement of dora canal railroad bridge
Mr. Minkoff reported that Mr. John Drury, the City Manager of Tavares, contacted him regarding the project that the City was involved with for replacement of the railroad bridge over the Dora Canal. He stated that the City has state funding to cover about three-quarters of it, and they needed to have a local match. He related that Mr. Drury indicated that he was also talking with the Cities of Eustis and Mount Dora to see if they would participate financially, but it was his understanding that they have elected not to do that. He specified that the City’s request was that the County share the last $84,000 of the project 50-50 with the City of Tavares with a contribution of $42,000. He noted that they would have to use general fund dollars for this, since they would not be able to use sales tax since it was not a publically-owned facility; and he also mentioned that he was not able to come up with any transportation money for this.
Commr. Hill asked whether there was a way to use a portion of the Woodlea Sports Park monies for this project if the City was not ready to start that immediately and reimburse the money for that project later.
Commr. Conner responded that he has had discussions recently with Mr. Drury about money that they have budgeted for Woodlea, and they do have a plan to have some all-purpose fields out there, so the money would not be available for this. He commented that the Board needed to really scrutinize any request for money coming out of the general fund, and he inquired what the level of benefit of this project would be to the County.
Commr. Hill stated that the priority of these projects would be up to the City of Tavares.
Mr. Bill Neron, City of Tavares Economic Development Director, stated that he had not been involved in any of the Woodlea Sports conversations, but the Dora Canal Bridge project was part of their overall railroad improvement program that they have been working on for a number of years. He pointed out that they have managed to convince DOT to allocate some funds from other unspent projects, but the commitment has to be made by the end of the month. He mentioned that they also have participation from Florida Central Railroad for $128,000 and from the Water Authority for $112,000, because the highlands on it are not conducive to navigation to the narrow canal at that point, and this is part of the overall ongoing railroad improvement program that they have been working on with the MPO and is part of the MPO master plan.
Mr. T. J. Fish, Executive Director of the Lake-Sumter MPO, stated that this was an ongoing project, and there was $19.7 million of potential infrastructure upgrades from Plymouth in Orange County to Eustis. They have the initiative with the three cities and Lake County, Orange County, and Apopka that is in the works to leverage a larger amount of money that becomes available July 1. He commented that Tavares was resourceful in communicating with DOT and getting funding from elsewhere in the state in the amount of $975,000 shifted over to this bridge project if they come up with a local match, and they have a bigger project to discuss in the near future that will involve a partnership with Apopka and Orange County, which has already been put in place. He emphasized that this was not a city municipal project, but a regional corridor that connects the area to Orlando and that the bridge replacement includes not only a bridge structure, but the approaches on both sides that would actually extend all the way into downtown Tavares. He commented that the $42,000 investment from the County would result in a $1.3 million return on that investment in Lake County. He noted that the other two cities are contemplating not spending money on this small project but coming up with their portion of the much larger project that is a $13.8 million DOT leverage.
Commr. Renick commented that she had some serious reservations about this, and she asked if this bridge was owned by the railroad.
Mr. Minkoff responded that CSX owns the bridge and the tracks, and Florida Central leases it from them.
Mr. Neron added that CSX owns the right of way, and Florida Central is responsible for all track and bridge upgrades.
Mr. Fish explained that part of the joint participation agreement that would be between Florida Central Railroad, who was the agent that would do the work on the bridge, and DOT, who would be providing the $975,000, is that this infrastructure does become a public-private ownership.
Commr. Cadwell commented that he might at some point be in favor of trying to help the City with this project, but not at the expense of Woodlea Park, and he believed the money for the Woodlea project needed to be left alone.
Commr. Renick stated that her biggest reservation was that two of the three cities this project would benefit do not support this and do not see the value in this, and she also expressed concern that they would be expected to fund high operating costs in the future.
Commr. Cadwell opined that he believed those cities did see the value in it, but they were just prioritizing the funding they had set aside for rail projects, and he believed the Board also needed to prioritize it and at best agree to the original request of $21,000 in funding as if the cities had decided to participate.
Mr. Fish explained that the Cities of Eustis and Mount Dora had their hands full coming up with $384,000 for a $13.8 million project that the MPO was trying to leverage from DOT that becomes available July 1 for infrastructure upgrades to Plymouth in Orange County.
Commr. Cadwell pointed out that the fact that the Water Authority thought it was an important project regarding water quality and navigation made him consider this project seriously.
Commr. Conner asked what the Tavares City Council would do regarding this project if the Board did not approve this today.
Mr. Neron responded that there was an agenda item on the City Council Wednesday evening, June 16, asking the City to appropriate the full amount if they did not get the County’s participation. He noted that Tavares was just made aware of these funds about 60 days ago, so they have been scrambling to work with the other agencies to attempt to secure the matching funds.
Commr. Conner stated that he was concerned about priorities, but he commented that the City of Tavares should be commended for securing $975,000 from the state for the project. He believed that the Board should look at their budget in totality before deciding to fund any individual project to give them an opportunity to prioritize.
Commr. Stewart expressed concern about spending money from the general fund while being faced with cuts that would have to be made in the future.
Mr. Minkoff stated that he has received a letter from the MPO asking for an approximate $1 million contribution to the other project, and he related that the County had that amount of money in their contingency that they could use to fund it.
Commr. Conner commented that he felt uncomfortable making a decision right away on an issue without having at least a week to study it.
Commr. Hill stated that she was not agreeable to taking it out of the general fund.
Mr. Neron reported that he would go to the City Council and recommend that they allocate up to the $84,000 from the City’s reserve, and then await the County’s decision.
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board moved to postpone the decision regarding participation with the City of Tavares for funding the replacement of the Dora Canal Bridge until July 6.
clermont sprayfield property
Mr. Minkoff related that he talked with the City of Clermont per the Board’s direction and offered to purchase the 140-acre Sprayfield property for $2 million. He reported that the City Council considered the offer and responded with a counteroffer of $2.1 million.
Commr. Hill stated that she thought there were other opportunities to purchase property which would be less expensive and as accessible as this piece is, and she wanted to explore those other sites. She opined that there are some other sites that would be better suited for active recreation, since there would be a lot of site work that would have to be done to the Clermont property because of the topography. She also mentioned that she was uncomfortable spending this money right now.
Commr. Conner expressed concern about what the ultimate cost of dealing with the topography issues would be, and he asked if the County has looked at this issue.
Mr. Bobby Bonilla, Parks and Trails Director, opined that the beauty of that park is the topography and the elevations, and they could make any piece of land into a great park. He noted that the work would be done in phases.
Commr. Stewart stated that she was concerned that it was previously a sprayfield.
Commr. Cadwell stated that he was still committed to this project and this piece of property, and he believed they needed to move forward with their commitment to the City of Clermont, especially since many County residents have been using the City’s parks.
Commr. Conner mentioned that there was some discussion at the Parks and Recreation Committee meeting about some other land owners who came forward offering other potential sites, and he asked whether the County has looked at other sites.
Mr. Minkoff answered that they have not looked at any other sites, and the Board direction was that they not do that.
Commr. Conner stated that he wanted to move forward with land acquisition in South Lake County, preferably with the City of Clermont, but he did not think they had to exclusively do business with the City. He pointed out that now is the time to be buying land at a very good value, and he thought it would be prudent and make sense to look at multiple sites.
Commr. Renick noted that the idea was to get ball fields in that area as soon as possible, and she thought that this was a beautiful site for a regional park, but she pointed out that they had to think about how long they would have to wait to build the ball fields. She thought the original agreement with Clermont was a good deal which would have gotten them that site and put fields on it right away, but she was concerned that spending $2.1 million out of the $2.5 million set aside for this project would not leave enough money left over to get the infrastructure and the fields built.
Commr. Conner commented that Clermont paid less than $600,000 for that piece of property, and recreation was a shared responsibility.
Commr. Renick pointed out that that would be true for any piece of property that has been owned for a long time, and a buyer is supposed to pay what the property is worth at the current market value. She also emphasized that Clermont has paid over the years to help County residents who use their ball fields.
Commr. Conner stated that he wanted to know how much the site work would cost to make it perfectly level before they purchase the property.
Commr. Stewart stated that getting the best property for their money would give them more funding to put into the infrastructure.
Ms. Wendy Breeden, Public Resources Director, informed the Board that there was also about $400,000 in South Lake impact fees that could be used for a project.
On a motion by Commr. Conner, seconded by Commr. Hill and carried by a vote of 3-2, the Board moved to not approve the counteroffer of $2.1 million, to maintain their commitment to the regional park in South Lake County, and to direct staff to look at other sites while keeping in mind topography issues on those sites and bring those back to the Board.
Commr. Renick and Commr. Cadwell voted “no.”
picciola bridge project
Mr. Minkoff related that DOT provided additional funding for the County about a month ago from stimulus dollars for the Picciola Bridge project, but between the time that the award of the bid to construct the bridge as well as the company to inspect the construction was put on the Board’s agenda and the meeting, they had a protest that was filed by the second low bidder who had a bid approximately $70,000 to $75,000 higher. He reported that in accordance with their procedures, they pulled off the bid award and because of the dollar value, they sent it out to Lewis Stone, an outside attorney, and asked him to give them a written opinion, which was in their packet. He explained that the issue in the bid protest was that the low bidder failed to sign a form acknowledging that he had received all of the addenda that were submitted, and there were five changes that were done after the original bid advertising. He reported that Mr. Stone recommended that the bid protest be denied, and he opined that the low bidder was aware of the addenda, because there was an e-mail prior to the bid opening where he had referenced number 4. He recommended that the Board reject the bid protest and to award the contract to Russell Engineering in the amount of $4.296 million and to award the inspection company contract to Professional Services Industries Inc. for $298,000.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the recommendations of staff for Tab 30 to deny the bid protest filed for the Picciola Bridge project and award the Picciola Bridge Project No. 2010-16, Bid No. 10-0025, to the low bidder, Russell Engineering, Inc., in the amount of $4,296,063.99 and encumber and expend funds in the amount of $4,296,063.99 from the Federal State Grants-LAP Projects, Picciola Bridge project fund. Also request to execute First Amendment to Agreement between Lake County and Professional Service Industries, Inc. for Construction Engineering and Inspection Services in the amount of $298,324.00 to be encumbered and expended from Infrastructure Sales Tax-Roads. Fiscal Impact is $4,594,387.99. Commission District #1.
county manager candidates
Commr. Cadwell commented that he only knew one person on the list of applicants and that he did not think of this issue as a high priority, since Mr. Minkoff was moving the County forward. He stated that he did not have a problem waiting until after the first of the year, but he pointed out that they would need to let those candidates know that. He also stated that he hoped Mr. Minkoff would consider continuing to do that job until the County is at a more stable time and the budget process and election were over.
Mr. Minkoff responded that it was a challenging position, but if that was the Board’s direction, he would be glad to do that.
Commr. Conner related that he looked over the applications and did research on the applicants, and he was concerned to learn that several of the applicants were applying for jobs all over the country rather than showing an interest in Lake County specifically. He also believed that one of the qualifications should be having experience in working with a budget of at least Lake County’s size. He opined that Mr. Minkoff was slowly transforming the County organization in the manner that he thought was very positive and in the right direction.
Commr. Cadwell stated that he thought they should suspend the search at this point and readdress it later in the year. He asked Ms. Marsh if she wanted to continue to serve as the Interim County Attorney.
Ms. Marsh responded that she would certainly do that.
Commr. Renick commented that it was difficult to come up with ten good candidates out of the 26 serious applicants.
Commr. Hill inquired whether the Board wanted to do this process differently and actively search for applicants that they would be comfortable with.
Commr. Cadwell commented that the applicant needed to be able to provide better leadership than what they currently have.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to put this process on hold until January and discuss other options at that time, including recruitment, and to notify the 26 applicants that the County is suspending the search until January.
reports – commissioner hill – district 1
boy scout retirement flag ceremony
Commr. Hill expressed appreciation to everyone that attended the fourth annual Boy Scout retirement flag ceremony, and she commented that the ceremony got better each year. She mentioned that this was their 100-year anniversary, and they were in the process of putting together a resolution to bring back to the Board later, along with possibly a ceremony.
reports – commissioner stewart – district 4
champion training center in mount dora
Commr. Stewart reported the opening of a new athletic training center in Mount Dora called Champion Training Center, which she commented had the potential to bring people from all over the country to it and that it trained a variety of different kinds of athletes. She mentioned that it had an indoor ball field and everything that an athlete needed.
REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5
expression of appreciation for concern
Commr. Cadwell thanked everyone for their concern during his absence, and related that he was feeling a lot better.
rescheduling of zoning meeting
Commr. Cadwell asked to move this month’s Zoning Meeting that was scheduled for June 22 to the first meeting in July.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to cancel the meeting for June 22 and to postpone the Zoning agenda until July 6.
designation of delegate to naco
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board moved to add the item to the agenda regarding designating Commr. Cadwell as a representative of the Board for NACO.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the designation of Commr. Cadwell as Lake County’s designated delegate to the NACO meeting for voting purposes.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Vance Jochim, a resident of Tavares, expressed concern about the County’s public input policy and suggested that the Board have a workshop related to that issue. He opined that the current public input policy results in limiting or denial of access, which he believes harms the credibility of the Board and results in the perception that the Board does not want to listen to the public, and he commented that the Board needed to have more openness.
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Mr. Jay Blankenfeld, Vice President of Commercial Industrial Corporation (CIC), handed out and read aloud a letter written by Matt C. Rudnianyn, President of CIC, regarding their protest of the bid for the Picciola Bridge project in Tab 30, which stated their competitor who was awarded the bid did not acknowledge addendums and that no one knew for certain that the correct people saw those addendums, in particular Addendum No. 3 which constituted a considerable amount of additional cost to the County. He commented that acknowledgment and acceptance of bid prices after the bidding process is a negotiation after the fact and not part of the fair bid procedure, and the bid by this competitor should never have been considered.
Commr. Cadwell related that the Florida Association of Counties did some research on how County Commissions handle public comment, and he asked Mr. Minkoff to look into that to get some idea of how other counties handle that issue.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:20 a.m.
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welton g. cadwell, chairman
ATTEST:
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NEIL KELLY, CLERK