A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
SEPTEMBER
12, 2006
The Lake County Board of County Commissioners met in regular
session on Tuesday, September 12, 2006, at 9:00 a.m., in the Board of County
Commissioners’ Meeting Room, Lake County Administration Building, Tavares,
Florida. Commissioners present: Catherine C. Hanson, Chairman; Welton G.
Cadwell, Vice Chairman; Jennifer Hill; and Robert A. Pool. Commissioner Debbie
Stivender was not present. Others present: Sanford A. “Sandy” Minkoff, County Attorney;
Cynthia W. “Cindy” Hall, County Manager; Wendy Taylor, Executive Office
Manager, County Manager’s Office; and Judy McAuley, Deputy Clerk.
INVOCATION AND PLEDGE
Commr.
Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, stated that Addendum No. 1 includes two items; one
is the continuation of discussion on the tentative budget for FY 2007 and the
other is the request for approval of the contract for Cagan Crossing Community
Library.
Commr.
Cadwell requested adding an item to the agenda under his reports to give
direction to staff regarding Rezoning Case No. PH 22-06-5, Robert Granger, Jr.,
which was approved in February 2006.
On
a motion by Commr. Cadwell, seconded by Commr. Pool and carried unanimously, by
a vote of 4-0, the Board approved to add the item to the agenda.
PUBLIC
HEARING
SOLID
WASTE MATERIALS ASSESSMENT FOR FISCAL YEAR 2006-2007
Commr.
Hanson announced that this public hearing is for the purpose of approval of a
final assessment resolution for Solid Waste Materials Assessment for Fiscal
Year 2006-2007.
Mr.
Daryl H. Smith, Director, Department of Environmental Services, stated that
this is an annual process to have assessments authorized by the Board of County
Commissioners as part of the Florida Statutes and the Lake County Code. He
recommended approval.
Commr.
Hanson opened the public hearing. There being no public comment, the public
hearing was closed.
On
a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously, by
a vote of 4-0, the Board approved Final Assessment Resolution 2006-176 for
Solid Waste Materials Assessment for Fiscal Year 2006-2007 and each fiscal year
thereafter until discontinued or changed; Maximum Annual Assessment per
Equivalent Residential Unit 2006-2007 Fiscal Year and each fiscal year
thereafter: Residential Units: $174.00.
PUBLIC HEARING
FIRE AND RESCUE ASSESSMENTS - BEGINNING
OCTOBER 1, 2006
Commr. Hanson announced that this
public hearing is for the purpose of approval of a resolution to impose Fire
and Rescue Assessments against assessed property located in Lake County,
Florida, for the Fiscal Year beginning October 1, 2006.
Ms. Regina Frazier, Budget Director,
stated that this is the final public hearing for the Fire and Rescue Assessment.
It includes a 25% increase in the rates over the prior year and a 7% increase in
The Villages’ rate per their request. (See Pages 5 and 6 of
the resolution for rates.)
Commr. Cadwell pointed out that the
assessment includes more stations, more firefighters and more improvements to
service that have been talked about over the last several months.
Commr.
Hanson opened the public hearing. There being no public comment, the public
hearing was closed.
A
motion was made by Commr. Cadwell and seconded by Commr. Hill for approval of a
resolution to impose Fire and Rescue Assessments against assessed property
located in Lake County, Florida, for the Fiscal Year beginning October 1, 2006;
approval of the rate of assessment; approval of the assessment roll; and approval
of an effective date.
Under
discussion, Commr. Hanson commented that they have talked about a split in ad
valorem and assessment for next year.
Ms.
Hall confirmed that they will be bringing that to the Board before the end of
this calendar year for action if the Board so chooses.
Commr.
Pool commented that no one wants an increase in fire fees. He stated that we
have a very good department with some wonderful employees and we are trying to
beef it up to make it better for everyone in Lake County. We have to raise the
amount we collect to provide that level of service. He stated that there has
been a lot of concern about insurance costs. ISO ratings have gone down because
of beefing up this department.
Commr.
Hanson stated that the level of service has changed a great deal over the last
fifteen to twenty years but there is a price to pay.
Commr.
Hanson called for a vote on the motion which carried unanimously, by a vote of
4-0, for Board approval of Resolution 2006-177 to impose Fire and Rescue Assessments
against assessed property located in Lake County, Florida, for the Fiscal Year
beginning October 1, 2006; approval of the rate of assessment; approval of the
assessment roll; and approval of an effective date.
PRESENTATION
COMPREHENSIVE
PLAN
Ms.
Carol Stricklin, Lake County Growth Management Director, stated that the
worksession scheduled for today was one of three meetings that staff scheduled
some time ago for the Board to consider the proposed Comprehensive Plan update
in worksession with a tentative transmittal hearing date of October 3, 2006.
These meetings were scheduled in anticipation that the Lake County Local
Planning Agency (LPA) would have transmitted the Plan to the Board for review.
She stated that she will give a brief update on the status of the LPA’s actions.
She will request direction from the Board on how to proceed with the review
schedule, particularly with the worksession that was scheduled for Friday,
September 15. A number of requests have been received from the public to speak
at that meeting.
Ms.
Stricklin stated that the LPA met yesterday, September 11, and transmitted to
the Board the majority of the Comprehensive Plan Elements except the Future
Land Use Map and the Future Land Use Element. Their work continues on those two
items. Yesterday, the LPA voted to take up the Future Land Use Element again on
October 5, along with the Future Land Use Map and, in particular, invite
several cities to come in and discuss land uses within the Joint Planning Area
(JPA). She stated that, during the meeting yesterday, several LPA members
expressed concern about whether it would be appropriate for the worksessions to
go forward if those materials have not yet been transmitted to the Board. She
asked for Board direction as to how staff should proceed in bringing the Plan
to the Board and in rescheduling the worksessions and transmittal hearing.
Commr.
Pool stated that the Future Land Use Map and Future Land Use Element are
integral to the Comprehensive Plan.
Commr.
Cadwell agreed that is the backbone of the Plan. Regarding talk about this
Board trying to move forward with the Plan or the LPA trying to hold it up, he
stated that is a non-issue. He explained that, if approved tomorrow, the new
Board would have the final say. He stated that he does not want to see the Plan
until it is all together. He opined that it would be premature to have the
meeting Friday, September 15. He stated that we need to send a message to the
LPA that the Department of Community Services (DCA) has expectations and we
need to get the Plan done. We need to get it to this Board or to the new Board,
which will have the final say, so it does not matter, timing wise, when that
happens. It needs to move forward so the public can begin giving input. He
encouraged the LPA to finish it and give it to the Board. Secondly, he stated
that he would like the Board to allow the Chairman, or he will do it, to
contact our leadership in Tallahassee regarding the language on school
concurrency and Wekiva. He explained that we are prohibited from forwarding that
language to DCA. He stated that we need to ask if there is some way to get a
waiver or some exemption from DCA to get those two items to them. He stated
that school concurrency still has to go to the LPA but that language and the Wekiva
language need to be sent to Tallahassee.
Commr.
Hanson stated that it is important to make that effort. She stated that we have
to realize that projects are still moving forward without the benefit of the
new policies, the new Land Development Regulations, the new Future Land Use
Map, being in place. She stated that we need to move forward with school
concurrency and the Wekiva.
Commr.
Pool asked if a date certain is possible, whether two weeks, a month or some other
timeline for completion. He agreed with Commr. Cadwell that the new Board will
have the final say.
Commr.
Cadwell suggested that, if the LPA is meeting October 5 and if they need a
couple of meetings, by the first part of November we need to have a firm date
to get that Plan back in.
Commr.
Hanson commented that she understands that the new Commissioners will be sworn
in November 21, 2006.
Commr.
Cadwell asked if November 1 is a realistic deadline to ask the Local Planning
Agency to have the Plan to the Board of County Commissioners.
Ms.
Stricklin stated that a November 1 deadline would allow multiple meetings in
October, if required.
Commr.
Pool commented that should be adequate time.
Ms.
Stricklin stated that there are a limited number of items for the LPA to
consider.
Commr.
Cadwell pointed out that this Board is meeting in October and should be told if
the LPA is running into problems. He stated that we need to let DCA know that
we are serious about getting the Comprehensive Plan done. He stated that it
should be to this Board by November and the new Board will hear it. He opined
that it does not make much sense to have two sets of public hearings on it. He
stated that, if there is some way for the LPA to get it to this Board by
November 1, this Board can schedule meetings in November and December.
Commr.
Pool pointed out that letters are on file requesting to speak September 11 and Ms.
Sticklin stated that staff will notify those people who have requested to speak
that the workshop has been cancelled.
Commr.
Hanson acknowledged consensus by the Board.
REPORTS
- COMMISSIONER CADWELL - DISTRICT #5
GRANGER
REZONING CASE
Commr.
Cadwell explained that the Board approved a small rezoning outside the City of
Eustis adjacent to Wedgewood that created ten lots. (Rezoning Case No. PH 22-06-5,
Robert Granger, Jr., was approved for rezoning by the Board February 28, 2006.)
He stated that the original plan was to have more lots but the lots were made
larger in order to utilize a larger septic system. Originally, water was to
have been supplied by the City or by Wedgewood. He referred to an August 16,
2006, letter from Ms. Leslie Campione, attorney for Mr. Granger. (A copy of the
letter is included in the backup material.) He stated that the City of Eustis
and Wedgewood have said that water is not available for the new subdivision. He
stated that he thought this would be a Land Development Regulation (LDR) issue and
that this Board could make a decision, understanding that ten lots are
involved.
Mr.
Sandy Minkoff, County Attorney, opined that staff’s position is that the Board
has the ability to waive the requirement but staff may not be prepared to make
a recommendation today. He stated that staff’s request is to put this item on a
regular agenda for a formal recommendation to the Board, hopefully at the first
meeting in October.
Mr.
Brian Sheahan, Chief Planner, Growth Management Department, stated that the provision
in the Land Development Regulations specifically says the Board may consider
this at a public hearing.
Commr.
Cadwell stated that he understands the ramifications of setting a precedent but
there are some common sense issues when there are ten lots as opposed to 300 or
400 lots. He stated that this developer offered larger septic tanks on larger
lots and he thinks we need to try to help him if we can.
A
motion was made by Commr. Cadwell and seconded by Commr. Pool to place this
item on the first meeting agenda in October 2006.
Under
discussion, Commr. Hill stated that there are other developments that fall into
the ten-lot or less category. She asked if this will be the procedure to use.
Mr.
Minkoff stated that this is an issue, as we go forward with the new
Comprehensive Plan and the LDRs, and as the section on both utilities and land
use is looked at, that the Board would want to give some attention to as to
what the position will be in the future.
Commr.
Cadwell stated that he is not interested in changing the policy because it is a
good policy and he agrees that developments need to hook up to water when they
can. However, this is a ten-lot development where that is not possible.
Commr.
Hanson called for a vote on the motion which carried unanimously, by a vote of 4-0.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
DISCUSSION
ON TENTATIVE BUDGET FOR FY 2007
Regarding
discussion on the tentative budget for Fiscal Year 2007 at the September 5,
2006, public hearing, Ms. Hall presented a list of recurring expenditures that
account for the increased revenue in the General Fund and a list of final
adjustments that staff is requesting for the 2007 budget. She asked for
direction from the Board regarding changes or amendments to the budget.
Commr.
Hanson noted that the millage rate for Lake Mary in Seminole County was
discussed last week as being approximately .5000 mills. She confirmed that Lake
Mary’s rate is 3.9998 which is a big difference. She commented that Seminole
County was mentioned as a good example and that it is a good area to try to emulate,
particularly in the area of light industry. She explained that it is a small
county and much of the county is in the city.
Ms.
Hall confirmed that Seminole County is close to being built-out.
Commr.
Hanson agreed with Commr. Cadwell that there is an opportunity today to be able
to use the increased revenues that Lake County has been fortunate to receive to
continue to implement some of the services that are so vital to the quality of
life that we have in Lake County. She remarked that it probably will not always
be there but she hopes so. She asked which services will be eliminated if we
start cutting.
Commr.
Cadwell stated that most of the programs going forward are still in their
infancy. He stated that, just at the time we are getting ready to do some
things in parks and we have our libraries where they should be, he believes to
take a step back would be a disservice to the citizens. He stated that he hopes
we will continue to move in the direction we are moving.
Commr.
Pool stated that, regardless of the move we make, we are not going to make
everyone happy. He stated that $400 is a lot of money. He repeated his earlier
statement which was that, on a $9,000 tax bill, $400 was not substantial enough
to make that speaker happy. He stated that we will not be able to provide the
services and do the things we think are important to the citizens of Lake
County if we do a rollback. He stated that he does not see how that would be
possible unless there are ideas about what should be cut, ideas which are not
needs.
Commr.
Cadwell stated that is the Board’s job.
Commr.
Pool stated that he has ideas but he does not think this Board will agree on
individual ideas. Perhaps staff can say we can cut a million here or a million
there but he does not think it will help with what we want to do and provide
the level of service that citizens are expecting in Lake County.
Commr.
Hill asked Ms. Hall if Commr. Stivender gave her a list of things she was
considering.
Ms.
Hall stated that she has not talked to any of the Commissioners individually on
this item.
Commr.
Cadwell remarked that the four items in the backup material (Public Works Fleet
Maintenance position, LifeStream additional funding, Economic Development
sponsorships, and Emergency Management laptops) do not change the bottom line
and are items that were left out or are new items that need to be added. He
stated that he would hope that all four of those items would be brought forward
to the public hearing.
Commissioners
Hanson and Pool agreed and the Board gave staff direction to bring forward the
four items on the list of final adjustments for discussion at the public
hearing scheduled for September 19, 2006.
PROCUREMENT
SERVICES
CAGAN
CROSSING COMMUNITY LIBRARY CONTRACT
Mr.
Jim Bannon, Director of Facilities Development and Management, presented the
request for approval of the construction contract for the Cagan Crossing Community
Library with R.D. Michaels, Inc., Bid 06-004, approval of the overall project
budget and approval of a budget transfer request. He stated that the project
was put out to bid on a standard construction contract format and R.D. Michaels
was the only bidder on the project but they did get competition right up to
pre-bid. He stated that a number of contractors were interested in the project
and, on the day of bid submission, R.D. Michaels was assuming there would be
other contractors producing bids. He explained that the original bid amount was
$7.9 million but, through a Value Engineering (VE) exercise, the bid was
reduced to $7,073,030.00. There are additional owners’ costs of $703,750.00
(computers, security equipment, furniture, etc.) for total project costs of
$7,776,780.00. Grant fund money, $1,473,000.00, is available and brings the
project down to $6,303,780.00. Mr. Bannon stated that the proposed project
budget for 2007 is defined at $6.2 million and the overall project new budget
is $6,303,780.00.
Mr.
Bannon confirmed that the project does meet the minimum level of certification
for green building, the LEED® (Leadership in Energy & Environmental Design)
building.
Regarding
Value Engineering, Commr. Pool asked if there are other areas we could look at
for cutting costs. Mr. Bannon agreed that they have done all they can do to VE
this project. He stated that they have tweaked it but it is still a good
quality building. He opined that, if anymore is taken out, it will start to
ruin the quality of the building.
Commr.
Pool asked if other potential users will participant with staffing and other
things. Ms. Hall stated that staff is still working with Polk and Osceola
Counties and a draft interlocal agreement has been sent to both counties. They
are in the process of working through some kind of financial assistance. Commr.
Pool stated that he would recommend some kind of annual fee for users from outside
the area if they do not participate. Commr. Cadwell stated that the boards of
both counties told him, as recently as one month ago, that they are committed
to the library. Ms. Hall confirmed that they have had very positive
conversations with staff from Polk and Osceola Counties.
On
a motion by Commr. Pool, seconded by Commr. Hill and carried unanimously, by a
vote of 4-0, the Board approved the construction contract for the Cagan
Crossing Community Library with R.D. Michaels, Inc., Bid 06-004; approved the
overall project budget; and approved the associated budget transfer request.
CLOSED
SESSION
Mr.
Minkoff stated that, at the last Board meeting, he recommended to the Board to
have a closed session to discuss pending litigation. The closed session will be
confined to settlement negotiations or strategy sessions related to litigation
expenditures. The entire session will be recorded by a court reporter who, when
the session is begun, will record the time of beginning and the time of
termination, all discussions and proceedings and the names of all persons
present. No portion of the session will be off the record. The notes will be
transcribed and filed and made public at the end of the litigation. Mr. Minkoff
confirmed that the session has been advertised. In addition to the Board
members, Ms. Hall, Ms. Melanie Marsh, Deputy County Attorney, and Mr. Minkoff will
be attending the session and it is anticipated that the session will last
thirty minutes. Once the closed session is concluded, the public meeting will
be reopened.
RECONVENE
At
10:10 a.m., Commr. Hanson reconvened the public meeting.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 10:10 a.m.
__________________________________
CATHERINE C. HANSON, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK