A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
may 17, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, May 17, 2011 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: Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, 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.
INVOCATION and pledge
Dr. Don Pratt from Lake Church in Eustis gave the Invocation and led the Pledge of Allegiance.
Agenda update
Mr. Gray informed the Board that Addendum 1A needed to be added to the agenda. He also requested that Tab 19 from the County Manager’s Departmental Business regarding a purchase agreement with Sumter Electric Cooperative, Inc. be pulled from the agenda to be brought back before the Board at an unspecified later date.
MINUTE APPROVAL
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the Minutes of March 11, 2011 (Special Meeting) as presented.
citizen question and comment period
Mr. Vance Jochim, a resident of Tavares who writes a blog on fiscal issues, addressed the Board. He stated he was glad the RFP for Lake County EMS services was moving forward but expressed concern that the RFP did not contain enough information for any prospective bidders to make an adequate bid. He questioned whether the County already had a company in mind because of how vague the RFP had been. He commended the County Manager on the selection of the two managers hired into the County. He also mentioned the Budget Workshop held on Tuesday, May 10, 2011, explaining he could not find a notice for the change of venue anywhere on the County’s website, the agenda for the meeting, or anywhere else. He opined it gave the impression of attempting to hide the information from the public.
Commr. Hill stated the change in meeting location had been properly noticed.
Mr. Gray noted the meeting had been advertised on the Events page of the County website.
Commr. Conner remarked that there had been two news paper reporters present in the audience for the entirety of the Budget Workshop.
Commr. Hill stated they would work to find better ways to make the meeting information more accessible on the County website.
Commr. Campione commented on Mr. Jochim’s statement about the EMS RFP, remarking that the purpose was for the applicants to ask questions to gain the additional information they thought they needed in order to put their proposals together. In regards to Mr. Jochim’s comment about the County already having a company selected, she stated that was untrue and while they did not know who would respond to the RFP, they were anticipating that there would be a lot of responses. She added that the RFP was also sent out specifically to auditing firms.
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Mr. Paul Richardson, a resident of Clermont and member of the South Lake Tea Party, addressed the Board stating he thought the Budget Workshop had been very informative and it answered many questions he had.
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Mr. Barry Erckert, a resident of Montverde, addressed the Board regarding the prepayment of educational impact fees as well as the payment of road impact fees. He explained he had asked about what fees would be required before he bought the property and that he had not been properly informed by the Public Works Department of all the necessary impact fees required on the property he had purchased. He stated that, as a result of the mandatory fees, he was now facing financial hardship as well as losing his business and was also in danger of losing his home. He stressed he should have been informed by Public Works about the necessary fees or he would not have purchased the property. He requested the Board’s help in the matter.
Commr. Conner noted he had spoken with Mr. Erckert previously regarding the issue and it was his understanding Mr. Erckert was in a unique situation as he was the only person in the County who prepaid the education reservation fee under concurrency. He reported the money collected had already been sent to the School Board so it was no longer in the possession of the County. He added that he had called the Chairman of the School Board and was informed that they did not refund reservation fees. He suggested having Mr. Erckert’s problem placed on a future agenda so the Board could have a comprehensive discussion about his situation and the ramifications of refunding to him the prepaid educational fees.
Commr. Cadwell and Commr. Hill agreed with Commr. Conner’s recommendation to place the issue on a future agenda.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 3, 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.
Proposed Budget for Cascades at Groveland Community Development District
Request to acknowledge receipt of the Proposed FY 2011/12 budget for Cascades at Groveland Community Development District, pursuant to Chapter 190, Florida Statutes, along with transmittal letter stating that a public hearing to consider the adoption of this item has been scheduled for July 20, 2011, at 2:00 p.m. at the Shea Homes Construction Office, 229 Bayou Bend Road, Groveland.
County Greens Community Development District Board of Supervisors Minutes
Request to acknowledge receipt of the Minutes from the meetings held on September 7, 2010 and November 30, 2010 for the Board of Supervisors of the County Greens Community Development District, including backup, to be filed for public access.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Campione stated she would like to discuss Tab 10, a request to execute the Local Agency Program Supplemental No. 2 Agreement between Lake County and the Florida Department of Transportation for the Lakeshore Drive Bridge Project. She asked if the County required all contracts to use the U.S. Department of Homeland Security’s E-Verify System.
Mr. Sandy Minkoff, County Attorney, replied that he did not think they were including that requirement in every purchase contract.
Commr. Campione remarked that she had done some research on the issue and was under the impression that it was not a real burdensome thing for an employer to do so they would not be putting people in a difficult position by requiring that they confirm they use E-Verify.
Commr. Hill asked if the State also required it.
Mr. Gray answered yes.
Commr. Conner asked whether contractors and architects hired by the County were required to provide E-Verify documentation that they were hiring legal workers.
Commr. Parks replied that probably neither the architects nor the planners were asked to provide that documentation.
Mr. Stivender answered that he would have to look into whether contractors were required or not.
Mr. Minkoff commented that County contracts required contractors to comply but he did not know what the individual departments were doing in terms of compliance auditing.
Commr. Campione remarked that it was something that should be looked into because if use of the E-Verify system was required with State funds then they should be requiring it with County funds.
On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 12 and Addendum 1A, as follows:
County Manager
Request for authorization to fill one (1) Budget Manager position within the Budget Division, which reports to the County Manager. (The total fiscal impact is $68,327.)
Economic Development and Community Services
Request for approval of the Agreement with the City of Tavares and to authorize the Chairman to sign the agreement and to direct the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services. The fiscal impact is $70,000 - 100% CDBG Grant funded.
Request for approval of the CDBG Agreement with the Town of Lady Lake and to authorize the Chairman to sign the agreement and to direct the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services. The fiscal impact is $70,000 - 100% CDBG Grant funded.
Facilities Development and Management
Request to approve the award of contract 11-0211 for replacement of the hot and cold water piping system at the County Administration Building to DeSanto Plumbing in the amount of $84,850.
Public Resources
Request to approve the award of contract 11-0212 in the amount of $133,417 to Mark Cook Builders for the provision and installation of two shelters and connecting walkway at PEAR Park. The fiscal impact is $133,417.
Request for authorization to grant Mr. Sung Jae Park permission to reprint the Lake County Library Service Areas map from "Lake County Library System Facilities Plan, 2005-2020" in his article for the scholarly journal "Library and Information Science Research". No fiscal impact.
Request for approval and signature of an agreement between Lake County and OverDrive for the provision of e-Books to Lake County Library System patrons. Fiscal impact is $85,000 over 5 years. First year cost is $22,000, with $17,000 coming from State Aid to Libraries Operating Grant funds and $5,000 prorated among the 15 system libraries.
Public Works
Request for approval to execute the Local Agency Program Supplemental No. 2 Agreement between Lake County and Florida Department of Transportation for the Lakeshore Drive Bridge Project No. 2010-18, Bid No. 10-0033, FPN # 428436-1-58-01 and supporting Resolution No. 2011-66 to include the U.S. Department of Homeland Security’s E-Verify system language. (Fiscal Impact is $0.) Commission District #2.
Request for authorization to release cash funds posted as performance surety in the amount of $18,799.00 posted for Hammock Pointe. Hammock Pointe consists of 158 lots and is located in Section 6, Township 23 South, Range 26 East. Commission District 2. There is no fiscal impact.
Request for approval and signature of Resolution No. 2011-67 to advertise a public hearing to vacate grading easements, located in Section 6, Township 23S, Range 26E, in the Clermont area. No fiscal impact; Commission District 2.
Addendum 1A
Request from Public Resources for approval and signature of a letter of support for the National Scenic Byway Grant application for the Northshore Overlook and Trailhead Project being submitted by the Green Mountain Scenic Byway, Inc.
COUNTY ATTORNEY’S CONSENT AGENDA
Commr. Campione stated she wanted to discuss Tabs 13 and 14, commenting that she had noticed the fiscal impact on Tab 13 was $1,000 and on Tab 14 it was $600. She opined that if the property was sold before the end of the term, then the entire original financial obligation should be repaid. She expressed that if they were releasing the mortgage for less than the original financial obligation, then the true financial impact would be the difference between the two amounts. She added that for Tab 13 there was a third mortgage provided for the property by the State Housing Initiatives Partnership (SHIP) program for $30,000.
Mr. Minkoff commented that if the people had stayed in the home for the required amount of time then there would be no payment back to the County. He added that they rarely received payments back, that the people either stayed or they lost the house, which made it difficult to figure out the fiscal impact.
Commr. Conner asked why SHIP money had been given for a third mortgage in Tab 13.
Mr. Minkoff explained that the second mortgage had been given through the Orange County Housing Finance Authority, meaning that it was a subsidized loan, so it met the rules that would allow for the third mortgage to be granted.
Commr. Conner asked if SunTrust would be unable to foreclose on the property should the Board not vote on releasing the mortgage for Tab 13.
Mr. Minkoff answered that the loan would go to a foreclosure sale.
Commr. Conner asked if they had any leverage with SunTrust to negotiate what the County could get out of it.
Mr. Minkoff replied that Tab 13 was already in foreclosure and if it went through the foreclosure sale then the County would not receive any money back. He added that for Tab 14 it was a deed in lieu of foreclosure so the property would be deeded back to the bank and if the Board did not approve the release of mortgage then the bank would be forced to foreclose to clear the title.
Commr. Campione commented that the right thing to do was to approve the requests. She remarked that she had wanted it brought to the Board’s attention that the fiscal impact was greater than indicated.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 13 through 14 as follows:
Request for approval to cancel the Mortgage and release the Note executed by Seth Pause and Giana Frisaura on November 2, 2007, and recorded at O.R. Book 3537, Pages 698 through 705, upon receipt of the $1,000.00 payment. The fiscal impact is $1,000.00.
Request for approval to cancel the Mortgage and release the Note executed by Joshua Pinion on January 20, 2006, and recorded at O.R. Book 3070, Pages 1639 through 1646, upon receipt of the $600.00 payment. The fiscal impact is $600.00.
public hearings
ordinance relating to public lands rules and regulations
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; creating chapter 16, article v, of the lake county code, entitled public lands rules and regulations; empowering county manager to designate public lands open for public use; establishing rules and regulations for public use of public lands; providing for permitted and prohibited uses of public lands; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff announced the County Attorney’s Office was requesting a change on page 4, line 36 of the ordinance. He stated the proposed ordinance read, “The possession or use of fire arms, fireworks, weapons or similar equipment is prohibited.” He suggested the words, “fire arms, weapons or similar equipment,” be deleted so the sentence would read, “The possession or use of fireworks on public lands is prohibited.” He clarified the reason for the change was because of a recently approved State Statute which strictly prohibited local governments from regulating fire arms in any capacity, including enforcing any ordinance that would affect fire arms. He added that the Statute also provided for penalties against both elected and appointed officials if they attempted to go against the Statute, including fines up to $5,000.
The Chairman opened the Public Hearing.
Mr. Mike Perry, Executive Director of Lake County Water Authority (LCWA), addressed the Board in support of the ordinance. He described LCWA as a special taxing district and mentioned they had the same issues as the County when it came to the approximately 600 acres of LCWA owned land. He reported there were several components of the ordinance that would provide LCWA with the same ability to enforce their rules by inserting some additional language into the ordinance that would reference LCWA property and the ability of LCWA to manage their lands. He stated he did not have copies of the proposed language with him because he had not been aware the Public Hearing was the final opportunity to address the ordinance. He requested the Board defer final approval of the ordinance to provide a chance to include the additional language because LCWA currently had no ability to enforce their rules because there were no ordinances supporting them. He added that the Sheriff’s Office supported his request.
Mr. Minkoff commented that he did not know if the County had the legal authority to regulate lands that were owned by another agency or a private person. He opined if an interlocal agreement was created with LCWA they could develop that, but currently the County did not have the legal authority to regulate lands owned by someone else and to do otherwise would result in criminal violations. He suggested the Board approve the ordinance because they could always amend it later.
Commr. Conner agreed with creating an interlocal agreement with LCWA.
Commr. Cadwell agreed with Mr. Minkoff’s suggestion of approving the ordinance and then discussing with the LCWA to work out possible additional language.
Mr. Perry explained that currently, if the Sheriff’s Office was called against a person breaking a rule on LCWA land, and it was a non-criminal offence, the officer would only be able to escort the person from the property because there were no ordinances supporting LCWA rules.
Commr. Parks noted that the attorney for LCWA had also expressed concerns and suggested postponing a decision on the ordinance for 30 days.
Commr. Parks and Commr. Campione supported the creation of an interlocal agreement to address the request from the LCWA.
There being no one else who wished to address the Board, the Chairman closed the Public Hearing and reserved comment to the Board.
Commr. Parks stated he supported the ordinance and the interlocal agreement but he would vote against the ordinance because he wanted more time for LCWA to make sure they were comfortable with the language of the ordinance.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried by a vote of 4-1, the Board approved Ordinance No. 2011-24, creating Chapter 16, Article V, entitled Public Lands Rules & Regulations and including the suggested change from the County Attorney’s Office.
Commr. Parks voted, “no.”
ordinance regarding the capital facilities advisory committee
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; amending chapter 22 of the lake county code entitled impact fees; repealing section 22-6, entitled impact fee committee; amending chapter 2, lake county code, creating division 16, article iv, to be entitled capital facilities advisory committee; providing for a purpose; providing for duties; providing for membership; providing for procedure; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff noted the staff summary had been modified as requested by the Board and section 4 on page 4 had been added to clarify that the existing members of the Impact Fee Committee would become the new members of the Capital Facilities Advisory Committee.
Commr. Hill commented that there were redundancies in having the Capital Facilities Advisory Committee cover transportation funding because the Transportation Funding Task Force had been created for that purpose. She remarked it gave the appearance the Board was delaying their discussion on how to handle transportation funding. She suggested that in the future the Impact Fee Committee should include all funding in their discussions. She noted she had thought the Board was expanding their duties to include how to monitor what the Board was going to set forth, but in her opinion it appeared the Board was making the Committee go back and redo what the Transportation Funding Task Force had already completed.
Commr. Parks stated he had been the one who made the motion to give the Committee six months and he still stood by that. He noted the Alternative Transportation Task Force had been set up aside from the Impact Fee Committee between 2007 and 2008. He then asked why the recommendations given in 2008 were not implemented. The then remarked that now there were new Board Members and a new Impact Fee Committee and they would be looking not just at what was put on those recommendations from the Transportation Task Force but also looking at newer options.
Commr. Cadwell mentioned that the reason the recommendations had not been implemented was because there had been no political will to do so.
Commr. Conner added that a majority of the Board at that time had not wanted to pursue the recommendation.
Commr. Parks mentioned there were a lot of other recommendations on transportation funding options. He suggested having public input within six months because it would keep them on track.
Mr. Darren Gray, County Manager, informed the Board that the Committee had an aggressive schedule over the summer and were scheduled to come back before the Board in October for a complete presentation.
Commr. Parks commented that the Committee was already asking about how the Board prioritized projects. He remarked that the ultimate decision of priority rested with the Board, mentioning that the North Hancock extension project was a huge priority for him.
Commr. Campione asked if the Committee would be looking at the list of priority projects and needs or would they only be looking at the bottom line.
Mr. Stivender reported that he was working on a list of all funded and unfunded projects for the Committee to show them not only what projects were funded but also what projects were needed. He noted that the Committee wanted to know the bigger picture for the projects including the total costs of construction. He added that the Board would receive the same priority list of projects as the Committee in July for approval in August.
Commr. Hill remarked that the Board should not be surprised if the recommendations from the Committee were similar to those they received from the Transportation Funding Task Force. She stated that while she did not have a problem with the Committee taking on more work she did not want to see a redundant report.
The Chairman opened the Public Hearing.
Mr. Paul Richardson, a resident of Clermont and member of the South Lake Tea Party, addressed the Board in support of the proposed ordinance as well as in support of the proposed ordinance in Tab 17. He stated he hoped the Board approved them.
There being no one else who wished to address the Board, the Chairman closed the Public Hearing and reserved comment to the Board.
On a motion by Commr. Parks, seconded by Commr. Cadwell, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2011-25, renaming the Impact Fee Committee as the Capital Facilities Advisory Committee.
ordinance regarding educational impact fee credits
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
an ordinance of the board of county commissioners of lake county, florida; amending section 22-11 of the lake county code entitled prepayment of impact fees; providing for the conversion of educational prepayments into credits; providing for the transfer of educational credits to other properties within the same impact fee district; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff explained that the impact of the proposed ordinance would allow people who had prepaid an educational impact fee or who had reserved concurrency for educational impact fees, if they pulled a building permit while the fees were suspended, to be able to transfer that payment to either another lot or another person within the same educational impact fee district.
Commr. Conner asked if a person who had prepaid education impact fees could transfer those credits to someone else and how that would work.
Mr. Minkoff answered yes, explaining that the code was written that the County would establish a credit account for that other person who could use it on a lot somewhere else.
Commr. Conner asked if the person would pay the original holder of the credit.
Mr. Minkoff replied that it would be between the individuals.
Commr. Conner questioned if someone who wanted the cash could discount their credit to someone and sell it to someone else.
Mr. Minkoff mentioned that the County allowed something similar in some of their developer agreements with transportation impact fees and there had been some transfers conducted in that manner.
The Chairman opened the Public Hearing.
Mr. George Hansford from Prominent Construction addressed the Board stating he was not speaking against the ordinance but there were some issues that needed clarification. He opined the ordinance should apply to any prepaid impact fees, not only educational impact fees. He remarked that the proposed ordinance indicated that if he transferred the credits but did not use them within 12 months, and a new impact fee was implemented, then he would have to pay the difference. He expressed that the purpose of prepayment was to lock in the lower rate indefinitely. He asked for clarification on that matter, incase he was reading the ordinance incorrectly, but if it was correct then he asked the Board to change that part of the ordinance.
Commr. Campione commented that the Board was establishing credits for prepayment because otherwise, if a person built on any of the prepaid lots during the moratorium, the prepaid money would be lost.
Mr. Hansford asked if a person did not transfer his prepaid impact fees during the moratorium, once the moratorium was lifted would his prepayment still be valid.
Mr. Minkoff explained that, as the ordinance was written, all prepayments would be converted to credits as opposed to escaping payment of complete impact fees.
Mr. Hansford stressed that that was not the understanding when the prepayments were made and advised the Board that if that was the language of the ordinance then it needed to be changed.
Mr. Minkoff remarked that the original language involved with the prepayment of impact fees clearly indicated there was a significant risk because, if a person agreed to prepay, it was stated that the funds could not be recouped in the event that there were no impact fees in the future.
Commr. Campione asked if a person left the prepayment with the original lot and did not transfer it, would a person still be entitled to the benefits of the prepayment once the moratorium had ended.
Mr. Minkoff answered that was correct; the prepayment would still be valid.
Mr. Hansford expressed that, while he did support the ordinance, he did not agree that if a person decided to move the prepayment credit to another property that they would then have to use it within 12 months and also have to pay the difference in cost for the impact fee.
Mr. Minkoff explained that the language in the ordinance regarding the 12 month limit on prepayments was in reference to a time limit placed on new prepayments as opposed to older prepayments, stating that any new prepaid educational impact fees would have to be used within 12 months or they would no longer be valid to guarantee the price.
Mr. Jim Bible from Showcase Homes addressed the Board. He commented that Mr. Hansford’s prepayments were under the old impact fee ordinance from before the moratorium was placed on prepayments. He mentioned he had spoken with Ms. Melanie Marsh, Deputy County Attorney, regarding the issue and she had explained that if he prepaid and did not do anything with the lot then once the moratorium expired he would still have his prepayment in place, but if he transferred his prepayment to another lot during the moratorium period, the funds went into the bank as a set amount and while he would not lose any money he would have to make adjustments depending on whether or not impacts fees increased or decreased.
Mr. Minkoff suggested that the ordinance could distinguish between prepayments issued under the old ordinance if the Board wanted to allow the full exemption to pass as opposed to just the credit amount.
Commr. Campione opined that would be the fair way to handle the situation to honor the reliance of those who had prepaid with the understanding they were then finished with impact fees. She added that those who had prepaid once the new rules for prepayment had gone into effect knew of the limitations and the Board would treat them accordingly.
Commr. Cadwell suggested delaying a decision on the ordinance.
Mr. Minkoff stated the Public Hearing for the ordinance would be advertised for Tuesday, June 21, 2011. He remarked that it would give his office time to insert the new language concerning the treatment of prepayments made before and after the change in Code. He clarified that the new language would state that those who prepaid prior to the date of the new rules on prepayment would keep the full benefits of their prepayment even if it was transferred during the suspension period, and those who prepaid after the new Code was in place would receive a credit amount for the prepayment should they transfer it during the suspension period.
There being no one else who wished to address the Board, the Chairman closed the Public Hearing and reserved comment to the Board.
On a motion by Commr. Parks, seconded by Commr. Cadwell, and carried unanimously by a vote of 5-0, the Board approved postponing the proposed ordinance amending Section 22-11, Lake County Code, to allow for the conversion of prepaid educational impact fess to educational impact fee credits until the June 21, 2011 Board meeting.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
public works
extension of developer’s agreement with plymouth mb, llc
Mr. Jim Stivender, Public Works Director, addressed the Board regarding Tab 18, a request to approve the First Amendment to the Developer’s Agreement between Lake County and Plymouth MB, LLC for an extension of the term by two years. He noted that Plymouth Creek consisted of 72 lots and was located in Commission District 4.
Commr. Cadwell asked if they would still have the same bond coverage.
Mr. Stivender answered yes, explaining that the improvements the division wanted to make were to the sidewalks, shrubbery, trees, and the other amenities associated with the final construction. He added that the division did not want to put them in until they were ready to start selling lots and building homes. He recommended approval of the request to extend the Developer’s Agreement.
On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the First Amendment to the Developer’s Agreement between Lake County and Plymouth MB, LLC for an extension of the term by two years.
Other business
Elder council appointment
Commr. Cadwell noted he did not have any applications.
Commr. Conner recommended Mr. Ray Newman.
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Ray Newman as the District 5 representative to serve a vacant unexpired term ending January 31, 2012 and a consecutive two-year term ending January 21, 2014.
Children’s services council appointment
On a motion by Commr. Conner, seconded by Commr. Cadwell, and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. George W. Wanberg to serve as the Member-At-Large representative for a two-year term beginning May 15, 2011.
Parks, recreating and trails advisory board appointments
On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Christopher L. Cheshire, DOM, to the Commission District 1 position and the reappointment of Mr. Rick Roberts to the Commission District 2 position; Mr. David Clutts to the Commission District 3 position; Mr. Kenneth Weld, Jr. to the District 4 position; and Mr. Todd Luce to the to the Commission District 5 position, all to serve two-year terms beginning May 20, 2011.
Library advisory board appointment
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the appointment of Ms. Phyllis B. Smith to serve as the Commission District 2 representative for a four-year term ending February 28, 2015.
Board of building examiners appointment
On a motion by Commr. Campione, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved the reappointment of Mr. Leonardo Di Silvestro to the Architect position to serve the remainder of a four-year term ending January 14, 2015.
REPORTS – COUNTY ATTORNEY
redistricting maps
Mr. Minkoff reminded the Board a draft of the new redistricting map had been distributed to the Board members and was anticipated to be brought before the Board for direction in July.
REPORTS – COUNTY MANAGER
announcement of new deputy county manager
Mr. Gray introduced Mr. David Heath as the new Deputy County Manager and stated they would be looking at creating a new organizational chart for the County.
budget workshop
Mr. Gray suggested June 14, 2011 as the best time for the next Budget Workshop for the Board. He stated the meeting would be off-site, but a location had not been selected yet.
joint meeting with school board
Mr. Gray informed the Board that the School Board was interested in meeting with the BCC for another Joint Meeting and specified he was working with the Chairman to set a date for the meeting.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1
letter of support to naco
Commr. Hill requested Board approval to send a letter on behalf of the Board to the National Association of Counties in support of an application by Commr. Cadwell for appointment to Chair of the Community & Economic Development Steering Committee for 2011-2012 as well as an At-Large NACo Director seat.
There was a consensus of the Board for Commr. Hill to proceed with sending a letter to NACo.
reports – commissioner Parks – district 2
Resolution relating to florida greenways and trails
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Florida Greenways and Trails Resolution No. 2011-68 recognizing the economic value of trails and greenways to Florida.
Proclamation for tobacco-free parks month
On a motion by Commr. Parks, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2011-69 proclaiming June, 2011 as Tobacco-Free Parks Month.
visitations
Commr. Parks reported visiting a couple of businesses in the Cagan Crossings/Four Corners area in South Lake County in a follow up of the Board’s Economic Action Plan. He also noted visiting Beacon College in Leesburg, describing it as the only institution in the United States offering four-year degree programs for the learning disabled and adding that he supported their expansion plans.
reports – commissioner conner – district 3
ten-year history of the taxable values for Lake County
Commr. Conner reported he had a ten-year history of the taxable values for Lake County which he had received from the Property Appraiser’s Office. He explained the values were broken down by year, city, and taxing district. He noted the amounts for 2011 were estimates and not final figures. He mentioned the Property Appraiser’s Office would be speaking the Lake County League of Cities meeting. He distributed a copy of the taxable values to the Board.
REPORTS – COMMISSIONER campione – vice chairman and DISTRICT 4
Relay for life
Commr. Campione reported attending the Relay for Life event in Mount Plymouth/Sorrento, noting the event raised over $25,000.
Camp challenge 50th anniversary
Commr. Campione reported attending the 50th anniversary event for Camp Challenge on Saturday, May 14, 2011.
Proposed manufacturer’s meeting
Commr. Campione requested the Board’s approval to work with Mr. Gray and Economic Development Staff to reach out to manufacturers in Lake County in an attempt to set up a manufacturers’ meeting as a part of the County’s Economic Action Plan.
There was a consensus of the Board for Commr. Campione to proceed with attempting to set up a manufacturer’s meeting.
Pine Lakes Community Association meeting
Commr. Campione reported attending the Pine Lakes Community Association meeting on Thursday, May 12th, commenting that she had been informed of issues with some of the roads out there regarding passability and accessibility for emergency vehicles. She noted she had already talked to Mr. Stivender about the roads in question and some of the property owners might look at doing a special assessment for the roads.
Impacts to paratransit and lake express programs
Commr. Campione mentioned there could be some negative impacts to the paratransit program as well as LakeXpress because of pending legislation at the State and Federal level. She suggested staff start looking at ways to make Lake County’s public transit more self-sustainable. She remarked that it tied into economic development and suggested looking at other models that have worked in other areas and which might be more profitable.
Commr. Hill commented that it was another transportation funding issue the Board would have to address.
Commr. Campione opined the issue fell under transportation funding as well as under community services. She requested staff bring back information looking at other areas that have taken a more active approach in marketing their bus system and obtaining the necessary visibility to increase ridership.
Commr. Cadwell agreed that they needed to increase ridership but noted that a problem could form from having such high expectations of the system because it would then require them to spend more money on the system. He stressed the Board needed to get MPO on board as well.
Commr. Conner remarked that once federal funding had been depleted for the LakeXpress program, he did not see any possible way the Board could turn the program around enough for it to even come close to breaking even. He stated that without federal funds he did not think the County would be able to afford a public bus system.
Commr. Parks commented that when the Board reached the point of having to decide how much they would support the public transit program from the general fund the program should be as efficient as possible.
Commr. Campione added that they should look at the paratransit side of public transportation as well because they would continue to have their paratransit requirements.
recess and reassembly
The Chairman announced that there would be a 15-minute recess at 11:06 a.m.
closed session
Mr. Minkoff stated he had previously asked for the closed session authorized by Florida Statute 286.011 to discuss pending litigation in front of a court or administrative agency, and once the closed session started, it would be confined to settlement negotiations or strategy sessions related to litigation and litigation expenditures. He noted a court reporter would record the entire session, as well as when they begin, when they end, and all discussions in the proceedings, including the names of all persons present at any time and whoever speaks. He explained the court reporter’s notes would be transcribed and be made public at the time the litigation was concluded, and at the beginning of the session the Chair or the entity was required to give notice of who would be at the meeting, which was the Board; Ms. Melanie Marsh, Deputy County Attorney; Mr. Darren Gray, County Manager; Mr. Greg Stewart, the outside council; and himself. He added he had a copy of the required advertisement of the meeting.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:29 p.m.
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jennifer hill, chairman
ATTEST:
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NEIL KELLY, CLERK