A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
NOVEMBER 2, 2010
The Lake County Board of County Commissioners convened in regular session on Tuesday, November 2, 2010, at 9:00 a.m., in the Board of County Commissioners’ Room, Courthouse, 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; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Ellie McDonald, Deputy Clerk.
invocation and pledge
Reverend Don Thompson of the Golden Triangle Center for Spiritual Living, Eustis, gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Sandy Minkoff, Interim County Manager, pointed out that there was an Addendum regarding Sawgrass Bay Boulevard.
citizen question and comment period
No one present wished to address the Board.
clerk of courts 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 Courts’ Consent Agenda, Items 1 through 7, 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.
Central Lake Development District Meeting Schedule
Request to acknowledge receipt of the annual meeting schedule for the Central Lake Development District for Fiscal Year 2011 in accordance with Chapter 189.417, Florida Statutes.
Founders Ridge Community Development District
Request to acknowledge receipt of the annual meeting schedule for the Founders Ridge Community Development District for Fiscal Year 2011 in accordance with Chapter 189.417, Florida Statutes.
Lake County Water Authority’s Final Budget for 2010-2011
Request to acknowledge receipt of a copy of Lake County Water Authority’s Final Budget for 2010-2011.
City of Groveland Resolution 2010-10-17
Request to acknowledge receipt of Resolution 2010-10-17 from the City of Groveland supporting an amendment to the Interlocal Agreement creating the Lake-Sumter MPO to allow for an increased number of voting representatives.
City of Groveland Resolution 2010-16
Request to acknowledge receipt of Resolution 2010-10-16 from the City of Groveland supporting Lake County Impact Fee Benefit Districts as currently provided for in Chapter 22 of the Lake County Code and opposing an amendment to reduce the number of districts and to reconfigure the districts.
Southwest Florida Water Management District
Request to acknowledge receipt of Southwest Florida Water Management District Fiscal Year 2010-2011 Budget-in-Brief.
Town of Lady Lake
Request to acknowledge receipt of Ordinances form the Town of Lady Lake: 2010-01 thru and including 2010-19 and receipt of Resolution No. 2010-101 from the Town of Lady Lake.
St. Johns River Water Management District
Request to acknowledge receipt of St. Johns River Water Management District Budget in Brief for the Fiscal Year 2010-2011.
City of Eustis
Request to acknowledge receipt of City of Eustis, Florida, Annual Budget for Fiscal Year 2010-2011 and City of Eustis Redevelopment Trust Fund Computation Sheet of Payment.
Pine Island Community Development District
Request to acknowledge receipt of Annual meeting schedule for the Pine Island Community Development District for Fiscal Year 2011 in accordance with Chapter 189.417, Florida Statutes.
minute approval
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Minutes of the September 21, 2010 (Regular Meeting) as presented.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 and 22 as follows:
County Manager
Request for approval for authorization to fill ten (10) positions in Public Resources (seven (7) full-time positions and three (3) part-time positions) as follows: one (1) Senior Library Assistant position, two (2) Librarian II positions, four (4) Library Assistant positions (full-time); and three (3) Library Assistant positions (part-time). The total fiscal impact for these ten positions is $315,490.00. Public Works.
Request for approval to fill three (3) positions in Public Works/Road Operations Division; two (2) Equipment Operator I positions and one (1) Road Maintenance Operator position. (The total fiscal impact for these three positions is $98,380.00.)
Economic Development and Community Service
Request for approval and signature authorization of Proclamation No. 2010-135 recognizing November 9, 2010 as Lake County Senior Appreciation Day. There is no fiscal impact.
Fiscal and Administrative Services
Request for approval of the Board to (1) declare the items on the submitted list(s) surplus to County needs, (2) authorize the removal of all of the items on the submitted lists from the County’s official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles. (No Fiscal Impact)
Request approval of Check Request (Direct Pay) from the Sheriff's Office for Law Enforcement Trust Fund expense reimbursement. Fiscal impact is $31,160.45.
Information Technology
Request for approval and execution of Proclamation No. 2010-136 for GIS Day on November 17, 2010.
Public Resources
Request for retroactive approval to apply for and accept grant funding, if awarded, from the Gopher Tortoise Habitat Management Assistance Funding Opportunity through the Florida Fish and Wildlife Conservation Commission (FWC). No Fiscal Impact.
Request for approval of Lake County Library System Technology Plan for 2011-2014. No fiscal impact.
Public Safety
Request for approval and execution of: (1) Memorandum of Agreement for Participating Orlando Urban Areas Securities Initiative (UASI) Agencies by the Lake County Board of County Commissioners; and appointment of the Lake County Emergency Management Director as the primary representative for Lake County to the UASI Working Group; and (2) Authorization for the County Manager to sign future amendments/modifications that do not involve financial impact.
Request for approval and execution of: (1) Modification #4 to Agreement with the State of Florida, Division of Emergency Management, to extend the expiration date for Federal funds awarded for the Lake County Emergency Operations Center (EOC) project; and (2) authorization for the County Manager to sign future amendments/modifications that do not involve financial impact. This Agreement provides revenue for the EOC Construction Project.
Request for approval and execution of: (1) Hazards Analysis Grant Agreement with the State of Florida, Division of Emergency Management; and (2) authorization for the County Manager to sign future amendments/modifications that do not involve financial impact. This Agreement provides revenue to the Emergency Management Division. No local match is required.
Request for approval and execution of: (1) Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement with the State of Florida, Division of Emergency Management; and (2) authorization for the County Manager to sign future amendments/modifications that do not involve financial impact.
Public Works
Request for approval to accept the submitted 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 Execute the Local Agency Program Supplemental Agreement between Lake County and Florida Department of Transportation (FPN # 428519-1-58-01) for CR-48, Project No. 2010-14, Bid No. 10-0023, and execute Resolution No. 2010-137 to amend the Federal/State Grants Fund to receive unanticipated revenue for FY 2011. (Fiscal Impact: $192,400) Commission District #3
Request for approval for authorization to award #1350 Citrus Tower Blvd Intersection with Oakley Seaver Drive Project No. 2010-24, Bid No. 11-0005, to Chinchor Electric, Inc. in the amount of $161,784.40, and encumber and expend funds in the amount of $161,784.40 from the Fed/State Grants/LAP & ARRA – Infrastructure - Construction Fund. Commission District 2. (Fiscal impact: $ 161,784.40)
Request for approval and chairman's signature on the submitted Interlocal agreement between the City of Tavares and Lake County to utilize Lake County's contracted debris-hauling company(s) and monitoring consultant to collect and dispose of eligible disaster debris from the public streets and rights-of-way of the Municipality. Fiscal impact is uncertain at this time as it will depend on the severity of the disaster.
Request for approval of an award of ITB# 10-0820 for Leachate Disposal and/or Transportation Services to T. Wayne Hill Trucking Inc, Bartow, Florida for Option 1, Transportation Services only; Liquid Environmental Solutions, LLC, Jacksonville, FL for Option 2, Disposal Services; and Aqua Clean Environmental Co. Inc., Lakeland and Tampa FL for Option 3, Disposal and Transportation Services. (Fiscal Impact: $580,500.00 - estimated)
Request for approval of Railroad Reimbursement Agreement, Grade Crossing Traffic Control Devices – County, between the Florida Department of Transportation, Florida Central Railroad Company, Inc. and Lake County, and request approval to execute supporting Resolution No. 2010-138. Commission District 5. Fiscal impact is $151,262.
Request for approval to award Contract 10-0819 to Beach Construction Company, Inc., Gainesville, Florida to replace the leachate tanks at the Lake County Central Landfill in Tavares. (Fiscal Impact: $276,000.00).
Request for approval of Clermont’s request for Lake County to provide 1/3 match totaling $3,200.00 towards the engineering services, to evaluate alternatives for the Hooks Street Drainage Improvements Project. The other 1/3 will be funded by the Lake County Water Authority. Commission District 2 (Fiscal Impact: $3,200.00)
lake county recycles day
Ms. Deborah Urbon, fourth grade teacher at Tavares Elementary School, brought her class to address the Board regarding the importance of recycling and how it helps the environment. She asked that November 15, 2010, be declared as Lake County Recycles Day. The following students addressed the Board regarding recycling: Avery Davis, Olivia Giffing, Conner Clifford, Anna Davis, Robert Young, Holly Hunter, Andrew Moore, D’Andrea Brintley-Kidd, Aiden Hall, Ashley Diaz, Tierra Harris, and Brooklynn Chandler.
Ms. Urbon expressed her appreciation to the Board for allowing her class to make the recycling presentation as it was a wonderful opportunity and experience for them. She requested that November 15, 2010, be declared as Lake County Recycles Day.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board declared November 15, 2010, as Lake County Recycles Day by way of Proclamation No. 2010-134.
presentation to commissioners stewart and renick
Commr. Cadwell asked if Commissioners Renick and Stewart would stand and stated that this was not an easy day for the Board as they had all formed relationships while serving together. He commented that both Commissioners ran on principles that were important to them and that they never wavered, noting that was a rarity today. He mentioned that they served with integrity and courage under harsh criticism and expressed his appreciation for their service.
presentation by sheriff borders
Sheriff Gary Borders stated that on behalf of the Sheriff’s Office they would like to recognize Commissioners Renick and Stewart. He mentioned that when they ran for office several years ago they promoted public safety and law enforcement and that they had lived up to their promises and continued to support his agency. He expressed his appreciation for their involvement with the Sheriff’s Office and presented them with a plaque to show their appreciation.
Commr. Renick commented that it had been a pleasure to work with the staff members.
Commr. Stewart commented that she concurs with Commr. Renick’s statement. She explained that during the last four years she met many wonderful citizens and worked with many wonderful people. She stated that she could honestly say that there was not one person she worked with that she had any problems with. She stated that they were all professional and performed their duties in an exceptional manner resulting in rendering an excellent job for Lake County. She remarked that Lake County should be very proud of this Commission and staff because of the great job they perform. She expressed her appreciation to the Board for giving her four good years.
Commr. Renick stated that she totally enjoyed working with Commr. Hill and remarked that people think that Commr. Cadwell is good at the jokes, but wanted everyone to know that he is also a great leader.
Commr. Stewart remarked that she enjoyed working with Commr. Hill as well. She stated that when she was elected four years ago she did not have a high opinion of politicians and thought they basically made promises to get elected and once elected they forgot those promises and began working on getting re-elected. She opined that once elected they became arrogant and talked down to people, but Commr. Hill and Commr. Cadwell proved her wrong. She commended them for restoring her faith in elected officials and commented that Commr. Renick had also been wonderful. She explained that there are politicians who truly run for the betterment of their county and not for the betterment of themselves and noted that those three Commissioners epitomize that. She stated that Lake County can trust Commissioners Cadwell, Hill and Renick.
COUNTY ATTORNEY’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 Attorney’s Consent Agenda, Tabs 23 and 24 as follows:
Request for approval of Purchase Agreement with Ford of Clermont, Inc. for needed right of way in conjunction with the Hooks St. Phase IV Segment B Project in the Clermont area. Also request to advertise for bids for the construction of the project. (Fiscal Impact: $352,850.00
Request for approval of agreement between Lake County and Magnolia Pointe Homeowners' Association, Inc. for Traffic Law Enforcement on Private Roads. No Fiscal Impact.
employee awards
Ms. Susan Irby, Employee Services Director, presented the following employee awards, commenting briefly about each employee’s service to the County.
FIVE YEARS
Katherine Baker, Accounting Technician
Public Safety/Fire Rescue
April Brooks, Animal Control Officer N/P
Conservation & Compliance/Animal Services
Ryan Carroll, Firefighter/EMT
Public Safety/Fire Rescue
Timothy Delaney, Fire Lieutenant/Paramedic
Public Safety/Fire Rescue
Ryan Dupont, Fire Lieutenant/EMT
Public Safety/Fire Rescue
Brandon Eason, Firefighter/Paramedic N/P
Public Safety/Fire Rescue
Jason Graham, Firefighter/Paramedic
Public Safety/Fire Rescue
Mark Green, Firefighter/EMT
Public Safety/Fire Rescue
Steven Harris, Equipment Operator IV
Public Works/Solid Waste Operations
Thomas Livingston, Firefighter/EMT N/P
Public Safety/Fire Rescue
Michael McClelland, Firefighter/Paramedic N/P
Public Safety/Fire Rescue
Dennis Nitzel, Firefighter/EMT
Public Safety/Fire Rescue
Stanley Priester, Firefighter/EMT N/P
Public Safety/Fire Rescue
Jared Rable, Firefighter/EMT N/P
Public Safety/Fire Rescue
Eric Sanderson, Firefighter/Paramedic N/P
Public Safety/Fire Rescue
Alejandro Vera Medina, Library Page N/P
Public Resources/Library Services
Jacob Wiley, Firefighter/EMT N/P
Public Safety/Fire Rescue
Dane Wilson, Firefighter/EMT N/P
Public Safety/Fire Rescue
Kelley Wright, Animal Control Officer N/P
Conservation & Compliance/Animal Services
TEN YEARS
Scott Grippin, Aquatic Biologist/Supervisor
Public Works/Funding & Production/Mosquito & Aquatic Plant Management
Tracy Isbill, Lead Permitting Specialist
Growth Management/Building Services
FIFTEEN YEARS
Ricky Magnus, Sign & Striping Technician
Public Works/Engineering/Signs, Signals & Striping
Terry Rodgers, Systems Administrator
Circuit Judges/Court Administration
Ronald Searcy, Striping Crew Leader
Public Works/Engineering/Signs, Signals & Striping
Mr. Jim Stivender, Public Works Director, presented the following award to Mr. John Bringard commenting briefly about his service to the County, noting that he began his career with the County in 1990.
TWENTY YEARS
John Bringard, Senior Contract Officer
Public Works/Road Operations
Mr. Brian Sheahan, Planning Director, stated that Ms. Sherie Ross was retiring and that he had worked with her over the past five years and had been with the County since August 1988. He commented briefly about her service with the County.
RETIREMENT
Sherie Ross, Public Hearing Coordinator
Growth Management/Planning & Community Design
Mr. Jim Stivender, Public Works Director, commented briefly on Ms. Kochevar’s service as a Field Inspector in their Special Assessment area taking care of Solid Waste and other assessments.
EMPLOYEE OF THE QUARTER
Vicki Kochevar
Public Works/Solid Waste/Solid Waste Programs
SUPERVISOR OF THE QUARTER
Kathy Edwards, Fire Lieutenant/EMT
Public Safety/Fire Rescue
F.I.S.H. AWARD
Sue Carroll, GIS Project Manager
Geographic Information Services/Information Technology
T.E.A.M. AWARD
Ron Cobbs, Anthony Moore, Leon Platt and Rob Richardson
county manager’s departmental Business
Addendum 1 – Signal at Sawgrass Bay
Mr. Jim Stivender, Public Works Director, reported that the developer of Sawgrass Bay reneged on the Agreement, and requested that the Board approve the work order to install a flashing beacon which was approved by the Florida Department of Transportation (DOT) at a cost of $73,826.80.
Commr. Renick asked if the County was going to pursue legal action against the developer.
Ms. Melanie Marsh, Acting County Attorney, explained that according to the ordinance the developer is responsible for the full traffic signal, but not the flashing beacon which is a temporary measure by the County until such time as the full signal is warranted. She stated that the developer did not renege on their Agreement, and clarified that the Greater Lakes-Sawgrass Bay Community Development District was attempting to install the signal but could not do so at this time.
Commr. Conner commented that he was very familiar with this situation, but asked if the flashing light would help.
Mr. Stivender opined that the flashing light would warn travelers going North and South on U.S. Highway 27 of the intersection and possible traffic.
Commr. Conner asked if the County was going to install signs in prior to having the light in place.
Mr. Stivender stated that there are currently signs at this location which would be adjusted accordingly.
Commr. Conner confirmed with Mr. Stivender that the DOT has not given the County permission to install a fully functioning traffic signal. He asked if the County has an agreement with the developer to install the signal once it is approved.
Mr. Stivender stated that the developer is responsible for the signal once it is warranted.
Commr. Conner asked why DOT objects to the installation of a full traffic signal at this location. He asked why the County would spend $73,000 to install the flashing beacon when that would not solve the problem.
Commr. Cadwell explained that the County has spoken with DOT who is determining the need for the full signal based on their set of rules, and opined that the County is installing the flashing beacon because it is the best thing that can be done at this time.
Commr. Conner commented that approximately 25 years ago, it took the involvement of Representative Everett Kelly for the DOT to approve the installation of a traffic signal on 441 in Tavares near Hardees and Cumberland Farms. He explained that this location is unique due to the school traffic.
Mr. Stivender noted that Representatives and several other individuals have been involved with this issue over the past two years. He stated that the DOT has reported that traffic lights do not prevent accidents but instead manage traffic. He commented that there is usually an increase in rear end collisions when new traffic lights are installed.
Commr. Hill commented that the County is concerned about the safety of the children, and opined that the installation of the flashing light might raise the level of safety there until the permanent signal is installed.
Commr. Renick reported that Cindy Barrow, Chairwoman of the School Board, had numerous meetings with several individuals which resulted in a denial for a fully functioning traffic signal. She explained that this denial lead to the issue being presented at the Lake-Sumter Metropolitan Planning Organization (MPO) meeting. She remarked that the DOT denied the installation of the traffic signal stating that it would cause more accidents.
Commr. Conner confirmed that the DOT does not object to the installation of the flashing light. He asked if the flashing light could be used elsewhere once the full traffic signal was warranted.
Mr. Stivender explained that the County will have to install a new head while the pole and everything else will remain.
Commr. Conner asked if the County would be able to recapture any of the $73,000 from the developer once the full signal is warranted.
Mr. Minkoff reported that the developer is bankrupt, and opined that it is unlikely that the Board will recapture any of the money from the developer.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the work order to install a flashing beacon signal at the intersection of Sawgrass Bay Boulevard and U.S. Highway 27.
other business
solid waste alternatives task force
Commr. Cadwell explained that Ms. Chloe Sallin Gentry has been an active member of the Solid Waste Alternatives Task Force as an appointed alternate member and asked the Board to appoint Ms. Gentry as a permanent member due to the vacancy created by the resignation of Mr. Gary Hammond.
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board appointed Ms. Chloe Sallin Gentry as a permanent member of the Solid Waste Alternatives Task Force.
Commr. Conner confirmed that Ms. Gentry was the last alternate member, and asked if the Board should appoint another alternate member.
Mr. Minkoff reported that the Task Force had a meeting on Monday that was attended by all members, and noted that the committee was working very hard.
Commr. Cadwell stated that the Board received so many applicants with great resumes that the Board decided to create the alternate member position. He opined that the Task Force does not need an alternate member unless there is an applicant that has a great background.
Mr. Minkoff reported that the County is advertising a position for an alternate member for the Task Force.
board of building examiners
Commr. Cadwell asked if staff had a recommendation for the vacant consumer member on the Board of Building Examiners.
Commr. Conner stated that the Board only received one application.
On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 5-0, the Board appointed Mr. John J. O’Connell as a consumer member to the Board of Building Examiners for an unexpired term ending January 14, 2013.
REPORTS – COUNTY MANAGER
Woodlands Homeowners’ Association Meeting
Mr. Minkoff stated that he, Commr. Hill and staff met with the Woodlands Homeowners’ Association near the industrial park to discuss the relocation of the Fleet Facility to the County- owned property. He reported that the meeting went well with the Association planning to present the issue to their full membership, and opined that the Association would welcome the County as a neighbor.
Wekiva Parkway Agreement
Mr. Minkoff commented that he and Mr. Stivender met with the District Secretary from DOT regarding the agreement on the Wekiva Parkway, and reported that the DOT is preparing an Agreement because there were not any disputes or disagreements.
Today Show
Mr. Minkoff stated that the County had been contacted by the Today Show regarding a potential segment on Lake County’s feral hogs. He explained that this was a result of the well written article by Mr. Steve Hudak, and noted that Ms. Wendy Taylor and Ms. Kelly LaFollette would be working on this request.
REPORTS – COMMISSIONER HILL – DISTRICT 1
appreciation of service
Commr. Hill expressed her appreciation to Commr. Stewart and Commr. Renick for their service to the Board.
reports – commissioner conner – district 3
Today Show
Commr. Conner opined that the County should use the appearance on the Today Show as a positive opportunity as opposed to limiting the discussion to the feral hogs.
Commr. Cadwell suggested that the County discuss the Parks Program and what the County has done to preserve land.
appreciation of service
Commr. Conner thanked Commr. Stewart and Commr. Renick for their service, and opined that they came under a lot of unfair criticism during their term. He stated that the professional atmosphere among the Board was appreciated, and noted that they would be missed.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
employee recognition
Commr. Stewart reiterated that she enjoyed working with so many wonderful people, but stated that she wanted to recognize two special individuals. She thanked Mr. Brian Sheahan, Director of Planning and Community Design, for his patience, honesty, and professionalism in working with her as she had a lot of questions when she began her term four years ago, and noted that he is one of the nicest people she has ever met. She commented that Ms. Jodi Hanson, Commissioners Aide, is one of the most responsible, professional, and nicest persons she has ever met. She stated that she could not have done her service without Jodi’s guidance and support which was greatly appreciated.
REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5
appreciation of service
Commr. Cadwell reiterated that it had been a pleasure working with both Commr. Stewart and Commr. Renick, and stated that he appreciated their service to the County.
ADJOURNMENT
There being no further business to be brought before the Board, the meeting was adjourned at 10:19 a.m.
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WELTON CADWELL, chairman
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Neil Kelly, Clerk