A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
November 16, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, November 16, 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; Jennifer Hill; Sean Parks; Jimmy Conner; and Leslie Campione. 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 Courtney Vincent, Deputy Clerk.
Commr. Cadwell, Chairman, recognized various Constitutional Officers, School Board members, elected city officials, former Commr. Catherine Hanson and former State Sen. Richard Langley who were present in the audience.
INVOCATION and pledge
Reverend Dr. Isaac Deas from Cornerstone Hospice gave the Invocation and Sheriff Gary Borders led the Pledge of Allegiance.
Newly elected Commrs. Sean M. Parks and Leslie Campione were sworn into office. Mrs. Ivy Parks administered the Oath of Office for Commr. Parks, and Judge Don F. Briggs administered the Oath of Office for Commr. Campione.
Presentation of Flags
The Boy Scouts of Troop 43, Tavares, presented each of the Commissioners with an American flag.
recess and reassembly
At 9:19 a.m. the Chairman announced the Board would recess until 10:00 a.m. so everyone present could participate in a reception being held in honor of the newly elected Commissioners.
Ms. Melanie Marsh, Acting County Attorney, asked to add a request for a Closed Session to the agenda under the County Attorney’s Business.
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved adding a request for a Closed Session to the agenda.
On a motion by Commr. Hill, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the Minutes of August 9, 2010 (Special Meeting) as presented; August 10, 2010 (Special Meeting) as presented; August 24, 2010 (Regular Meeting) as presented; September 14, 2010 (Special Meeting) as presented; and October 5, 2010 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, 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.
Annexation Ordinances from the Town of Howey-In-The-Hills
Request to acknowledge receipt of annexation Ordinances 2010-002, 2010-003, 2010-004, and 2010-005 as well as a location map from the Town of Howey-In-The-Hills for property annexed into the town on October 11, 2010.
Annexation Ordinance from the City of Tavares
Request to acknowledge receipt of Ordinance 2010-16 from the City of Tavares annexing approximately 1.4 acres of land generally located on the east side of Classique Lane approximately 500 feet south of the intersection of East Burleigh blvd. and Classique Lane.
Excess Fees for 2009-2010 Fiscal Year
Request to acknowledge receipt of excess fees for Fiscal Year 2009/2010 in the amount of $126,828.89.
Letter from Southwest Florida Water Management District
Request to acknowledge receipt of a letter from the Southwest Florida Water Management District stating that it approved its draft five-year water resource development work program on October 26, 2010, which was within 30 days after the adoption of its fiscal year 2010-2011 budget. The letter further explains that the draft report will be evaluated by the DEP within 30 days and returned to the District for response to that evaluation, and any revisions prompted by the evaluation will be incorporated into the final report that will be included as part of the District’s Consolidated Annual Report due no later than March 1, 2011.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Sandy Minkoff, Interim County Manager, requested Tab 4 be pulled and rescheduled for the December 7, 2010 BCC Meeting.
Commr. Campione requested Tabs 7 and 8 also be pulled and rescheduled for the December 7, 2010 BCC Meeting.
On a motion by Commr. Conner, 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 19, pulling and rescheduling Tabs 4, 7, and 8 for the December 7, 2010 BCC Meeting, as follows:
Conservation and Compliance
Request from Conservation and Compliance for approval of an interlocal agreement between Lake County and the City of Groveland pertaining to animal control services. There is no fiscal impact.
Economic Development and Community Services
Request from Economic Development and Community Services for approval to seek and apply for grants, in-kind donations and/or incentives up to and including $10,000 to support programming and events and to allow the County Manager to sign documents associated with those requirements. Fiscal impact is dependent upon receipt of grants and donations.
Request from Economic Development and Community Services for approval and signature authorization of Resolution No. 2010-139, recognizing November 15-21, 2010 as National Hunger and Homelessness Awareness Week in Lake County. There is no fiscal impact.
Facilities Development and Management
Request from Facilities Development and Management to award and execute contracts for On-Call Asbestos & Indoor Air Quality Consulting Services to Mactec Engineering and Consulting, Inc. and Professional Service Industries, Inc. in conjunction with the County’s needs. The fiscal impact is undetermined.
Request from Facilities Development and Management to award contract 11-0204 in the amount of $145,028 ($143,628 bid price and $1,400 permit fee allowance) to construct a new LaRoe pavilion; approve a projected expense of $14,183 for demolition of the current structure and materials testing services related to the new structure; approve the sum of $7,980 in contingency allowance that may be used at the recommendation of the Facilities Director and approval by the County Manager to ensure timely project completion; and approve the attached budget change to support the full fiscal impact of the project ($167,191).
Fiscal and Administrative Services
Request from Fiscal and Administrative for the Board 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. There is no fiscal impact.
Request from Growth Management for (1) Approval of the Agreement between Property Owner (business) and Lake County for Energy Efficiency Retrofits through the Retrofit Pilot Program (2) Authorization for the County Manager to sign future amendments/modifications to the Agreement that do not involve financial impact. (Fiscal Impact: The retrofits will be funded by the Energy Efficiency & Conservation Block Grant. Estimated expenditures associated with the commercial and residential retrofits, which will be addressed under an agreement with a contractor, are a total of $9,000.00.)
Request from Public Resources for adoption of the FY 2010-2011 Annual Plan of Service and Combined Budget for the Lake County Library System. No fiscal impact.
Request from Public Resources for approval and signature of Westlaw Patron Access Special Offer Amendment to Westlaw Subscriber Agreement between Lake County Library System and West. The fiscal impact is a savings of $60,576.
Request from Public Works for Approval to donate a 27.5 acre parcel of land to DEP (Department of Environmental Protection), which is being purchased from Diamondback Land Company to be used to offset wetlands and surface water impacts caused by the C470/48 Road Project in the Leesburg area. Authorization for the Board Chairman to sign all closing documents relating to both the land purchase from Diamondback Land Company, and the subsequent donation to DEP. Fiscal impact is $285.50 (DEP closing costs), Commission District 3.
Request from Public Works for approval and signature of Resolution No. 2010-140, to advertise Public Hearing for Vacation Petition No. 1161, Joshua M. Poole, to vacate a drainage easement in the Leesburg area. There is no fiscal impact. Commission District 1.
Request from Public Works for authorization to award CR-42 and SR-19 Realignment Project No. 2011-01, Bid No. 11-0006, to Boykin Construction, Inc. in the amount of $1,768,129.05, and encumber and expend funds in the amount of $1,662,102.75 from the Road Impact Fees Benefit District 1 – Infrastructure - Construction Fund, and $106,026.30 will be funded by the City of Umatilla. Commission District 5. Fiscal impact is $1,662,102.75.
Request from Public Works for approval of a Resolution No. 2010-141, authorizing the posting of speed limit signs on Keene Rd (8165) raising the speed limit from 30 MPH to 45 MPH, in the Umatilla area, in Commissioner District 5, Section 31, Township 17, Range 27. No Fiscal Impact.
Request from Public Works for approval of a Resolution No. 2010-142, authorizing the posting of speed limit signs on Elbert St (1036A) and Burton St (1036) in Commissioner District 2, Section 2, Township 23, Range 25. No Fiscal Impact.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 18 through 21 as follows:
Request approval of outside counsel firms and their use on an as-needed basis for County purposes.
Request approval of Settlement Agreement between Lake County and Charles D. & Lisa B. Johnson. No Fiscal Impact.
Request approval to advertise Ordinance amending Chapters 2 and 11 of the Land Development Regulations, entitled "Definitions" and "Signs", respectively. No Fiscal Impact.
Commr. Parks presented Mr. Kevin Willis, Geographic Information Services (GIS) Division Director, with Proclamation No. 2010-136, recognizing November 17, 2010 as GIS Day in Lake County. He read the Proclamation aloud in its entirety, then added that GIS was an excellent tool and thanked Mr. Willis for his work.
REPORTS – COUNTY ATTORNEY
request for closed session
Ms. Marsh requested a Closed Session on December 7, 2010 at 10:00 a.m.
Commr. Conner asked why she was requesting a Closed Session.
Ms. Marsh explained it was to discuss pending litigation.
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s request for a Closed Session.
REPORTS – COUNTY MANAGER
jail diversion project grant status update
Mr. Minkoff reported the $750,000 grant the Board approved for Lifestream Behavioral Center had been awarded. He mentioned the grant was for the Jail Diversion Project to divert mentally ill prisoners from the jail to resource and community-based programs.
REPORTS – COMMISSIONER HILL – DISTRICT 1
Boy Scouts Proclamation
On a motion by Commr. Hill, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2010-143, proclaiming November 16, 2010 as Boy Scouts of America 100 Years of Scouting Day.
Commr. Hill invited Commr. Parks to join her in presenting Boy Scout Troop 43, Tavares, with the Proclamation. She noted Commr. Parks was an Eagle Scout and the Lake District Chairman for the Boy Scouts. She read the Proclamation in its entirety and then she and Commr. Parks presented a copy to Mr. Don Campbell, Troop Leader, and the members of Tavares Boy Scout Troop 43, noting they would get them a signed copy of the Proclamation later, now that the new Commissioners were sworn in.
Commr. Parks stressed the importance of the Boy Scouts, and thanked the Troop for being there.
Mr. Campbell thanked the Board on behalf of all the Scouts in Lake County.
Commr. Parks mentioned that on March 25, 2011, the Boy Scouts were having their Golden Eagle dinner to honor Scouting in Lake County.
Lake County Miracle League
Commr. Hill announced that Saturday, November 20, 2010, at 9 a.m. at the Mid-Lakes Christian Church in Tavares there would be a kick-off fund raising event for the Lake County Miracle League.
reports – commissioner conner – district 3
Letter to Offer Office Space
Commr. Conner requested the Board send a letter to Congressman Daniel Webster offering him office space should he desire to have a location in Lake County.
Commr. Cadwell suggested Commr. Conner should write the letter because of his relationship with Congressman Webster.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the writing and sending of a letter to Congressman Daniel Webster offering him office space should he desire to have a location in Lake County.
Mentoring Students for Success Proclamation
Commr. Conner mentioned the County had a mentoring program that preceded his time with the Board, and noted he had mentored a boy for four or five years when he was on the School Board. He commented he was impressed that the Superintendent and her staff were attempting to find 1,000 mentors within the next 60 to 90 days to do some one-on-one mentoring. He stressed the importance of mentoring and its impact on a child’s life. He also reported Leesburg High School’s football coach had the players go to study hall for an hour every day before football practice, siting that as an excellent example for the County.
Commr. Cadwell asked Mr. Minkoff to put together a list of County employees who were currently mentoring children.
On a motion by Commr. Conner, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2010-144, proclaiming November 2010 as Mentoring Students for Success Sign-Up Month.
Sports Leadership Program Luncheon
Commr. Conner informed the Board that Mr. Mike Matulia, the athletic director at Lake-Sumter Community College, had invited the Commissioners to a luncheon on Wednesday, November 17, 2010 at noon, for a Sports Leadership Program where Casey Weldon, a former Florida State football player, would be the guest speaker.
REPORTS – COMMISSIONER campione – district 4
approach to contractor bidding
Commr. Campione reported she was pleased to see a local contractor was being used for the contract awarded in Tab 10, commenting that she had asked Mr. Minkoff if the County had ever considered a policy that would give preference to local contractors and subcontractors. She said Mr. Minkoff informed her there was a down side to that because some of the neighboring counties could then in turn penalize Lake County contractors because they came from a county with preferential bidding policies, adding that the upcoming approach to bidding would allow contractors to award subcontractor jobs to local vendors. She asked Mr. Minkoff to further explain the County’s upcoming bidding policy.
Mr. Minkoff explained that the Board had been asked to move to a construction manager approach where they could control the bidding, noting that construction managers would be required to get local vendors to bid on each part of the work to be completed. He clarified that they would still take the low bid, but the local vendors would have an opportunity to bid. He mentioned it was similar to what was currently in place with the Judicial Center, noting that three of the largest vendors on the project had been obtained through that process.
Commr. Campione asked who would sit on the committee to review the choices.
Mr. Minkoff clarified that the construction manager would select the contractors once they had shown the Board the bids and selected the low bid, and if they did not select the low bid they would need to receive Board approval.
Commr. Conner commented that the area where he had seen local vendors passed over was during the RFP process, noting that it was a matter of qualifications and not the price that caused the local vendors to lose the bid. He remarked that he had seen positive changes since Mr. Minkoff had taken on the position of Interim County Manager.
Commr. Campione expressed that the bidding process was a concern to her because she wanted to see as much work as possible remain in Lake County.
Commr. Campione requested the Board add an agenda item to the next meeting where the Board could discuss economic development issues. The Board decided to have the initial conversation regarding this issue after the Zoning section of the Board meeting on November 23, 2010.
County Manager Position
Commr. Campione suggested the Board use a hiring service to help fill the position of County Manager in January.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:39 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK