REGULAR MEETING OF THE BOARD OF
MAY 15, 2007
The Lake County Board of
INVOCATION AND PLEDGE
Dr. Joe Roberts, Orange Avenue Church of Christ in Eustis, gave the Invocation and led the Pledge of Allegiance.
Commr. Hill pulled Tab 12 for discussion.
Commr. Cadwell stated that he needed to add the confirmation of the appointment of the League of Cities representative to the Lake Sumter EMS Board to the Agenda. He explained that Mr. Frank Royce had held that position, and since he was no longer with the city, the League had sent forth the name of Mr. Chris Bell.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board voted to add that appointment to the Agenda.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of April 3, 2007 (Regular Meeting), as presented.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Minutes of April 17, 2007 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board approved the Clerk of Courts’ Consent Agenda, Tab 2, Items 1 through 9, 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.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess proceeds for tax deeds totaling $158,532.98.
Arlington Ridge Community Development District’s Minutes of November 14, 2006
Request to acknowledge receipt of Arlington Ridge Community Development District’s Minutes of the November 14, 2006 meeting as approved at the January 16, 2007 meeting
Notification for Ordinance from City of
Request to acknowledge receipt of
Annexation Notification for Ordinance from the City of
2007-06, rezoning approximately 24 square feet located 100 feet northeasterly of
the intersection of
to acknowledge receipt of City of
Notice of Commission Hearing and Prehearing
Request to acknowledge receipt of Notice of Commission Hearing and Prehearing
Petition of MCImetro Access Transmission Services LLC D/B/A Verizon Access Transmission Services for Arbitration of disputes arising from negotiation of Interconnection Agreement with Embarq Florida, Inc.
Issued April 23, 2007
The one day hearing will begin at the following time and place:
Thursday, May 3, 2007
Financial Report from City of
Request to acknowledge receipt of Comprehensive Annual
Financial Report from the City of
Request to acknowledge receipt of City of Mount Dora, Florida Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2006.
Notice of Commission Service Hearings
Request to acknowledge receipt of Notice of Commission Hearings
Docket No. 060368-WS
Application for increase in water and wastewater rates in Alachua, Brevard, Highlands, Lake, Lee, Marion, Orange, Palm Beach, Pasco, Polk, Putnam, Seminole, Sumter, Volusia, and Washington Counties by Aqua Utilities Florida, Inc.
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a vote of 5-0, the Board approved the
Request for approval of the following Budget Change Requests and Unanticipated Revenue Resolution:
1. Budget transfer - General Fund, Constitutional Offices/Supervisor of Elections. Transfer $41,410 from Elections personal services to Elections Registration personal services. Employee changed from temporary to full-time position and should be paid out of elections registration account. Need to move funds budgeted in elections account to elections registration account. Benefits that go with the salary are also being moved. There will be a net zero effect on the general fund. Funds available in the Elections account.
2. Budget transfer – General Fund, Judicial Support. Transfer $42,000 from Machinery and Equipment: Judges – Technology to Machinery and Equipment: Public Defender - Technology. The Public Defender needs additional technology funding for the purchase of several technology related needs for the remainder of Fiscal Year 2007. These include a switch for the new building, desktop PC’s, and additional technology equipment. Funding is available from funds of $818,404 carried over from Fiscal Year 2006, which were placed in the Judges – Technology section until needed by other Judicial functions.
3. Budget transfer – Greater Hills Fund, Department of Budget, Assessments Section. Transfer $40,991 from Reserve for Operations to Contractual Services. The funds for this MSBU are collected from the non-ad valorem assessment on each subdivision parcel owner’s tax bill. The funds are forwarded from the Tax Collector’s Office annually, beginning in November. In order to forward the first quarterly payment to the Homeowners’ Association (HOA) annually in October, the fund maintains a reserve balance equivalent to the first quarterly payment. Excess funds have accumulated in this MSBU from the non-ad valorem assessments of the subdivision parcel owners after the mid-year adjustments were approved for this fund. The funds are required to be distributed to the HOA for use in the common area maintenance of the subdivision. The funds are available in Reserve for Operations. After this transfer, the remaining balance in the reserves of this fund will have sufficient funds for the first quarterly payment for October 2007.
4. Budget transfer - Greater Groves Fund, Department of Budget, Assessments Section. Transfer $17,862 from Reserve for Operations to Contractual Services. The funds for this MSBU are collected from the non-ad valorem assessment on each subdivision parcel owner’s tax bill. The funds are forwarded from the Tax Collector’s Office annually, beginning in November. In order to forward the first quarterly payment to the Homeowners’ Association (HOA) annually in October, the fund maintains a reserve balance equivalent to the first quarterly payment. Excess funds have accumulated in this MSBU from the non-ad valorem assessments of the subdivision parcel owners after the mid-year adjustments were approved for this fund. The funds are required to be distributed to the HOA for use in the common area maintenance of the subdivision. The funds are available in Reserve for Operations. After this transfer, the remaining balance in the reserves of this fund will have sufficient funds for the first quarterly payment for October 2007.
5. Budget transfer - Greater Pines Fund, Department of Budget, Assessments Section. Transfer $28,440 from Reserve for Operations to Contractual Services. The funds for this MSBU are collected from the non-ad valorem assessment on each subdivision parcel owner’s tax bill. The funds are forwarded from the Tax Collector’s Office annually, beginning in November. In order to forward the first quarterly payment to the Homeowners’ Association (HOA) annually in October, the fund maintains a reserve balance equivalent to the first quarterly payment. Excess funds have accumulated in this MSBU from the non-ad valorem assessments of the subdivision parcel owners after the mid-year adjustments were approved for this fund. The funds are required to be distributed to the HOA for use in the common area maintenance of the subdivision. The funds are available in Reserve for Operations. After this transfer, the remaining balance in the reserves of this fund will have sufficient funds for the first quarterly payment for October 2007.
6. Resolution No
2007-75 to amend the Employee Group Benefits Fund in order to receive
unanticipated revenue for Fiscal Year 2006/2007 in the amount of $190,470
deposited into Reimbursements and provide appropriations for the disbursement
for Administrative Fees.
7. Resolution No. 2007-76 to amend the Public Lands Capital Program Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $34,720,000 deposited into Public Lands Bonds Proceeds and $1,275,637 deposited into Public Lands Bonds Premium and provide appropriations for the disbursement for Lands ($35,578,934) and Cost of Issuance ($416,703). Unanticipated revenue will be received into the Lake County Public Lands Capital Program Fund from Limited General Obligation Bonds, Series 2007 for Fiscal Year 2007.
8. Resolution No. 2007-77 to amend the Facilities Expansion Capital Program Fund in order to receive unanticipated revenue for Fiscal Year 2006/2007 in the amount of $87,455,000 deposited into Capital Improvement Revenue Bond Proceeds and $3,839,920 deposited into Capital Improvement Revenue Bond Premium and provide appropriations for the disbursement for Buildings ($90,000,000) and Costs of Issuance ($1,294,920). Unanticipated revenue will be received into the Lake County Facilities Expansion Capital Program Fund from Capital Improvement Revenue Bonds, Series 2007 for Fiscal Year 2007.
Request for approval and authorization to submit two (2) grant applications to Florida Communities Trust to aid in the potential acquisition of properties.
Request for approval to award the contract for Bid Number 07-0205 for the Construction of North Lake Community Park to Prince Contracting Company, Inc. in the amount of $8,473,000, and approval of the budget transfer attached in the amount of $83,927.00. On March 13, 2007 the Board approved funds for this project.
for approval of the Agreement with the State of
Request for approval and execution of Resolution No. 2007-78 to Advertise Public Hearing for Vacation Petition No. 1108, Donald and Earla Heinrich, to vacate right of way in the Groveland area - Commission District 2.
for approval and signature of Resolution No. 2007-79 to Advertise Public Hearing for Vacation Petition No. 1115, Steven
D. Glidewell, to vacate unnamed right of way in the Plat of Groveland Farms in
Request for authorization to accept the final plat for Bentwood and all areas dedicated to the public as shown on the Bentwood final plat, accept a performance bond in the amount of $1,992,716.00, and execute a Developer’s Agreement for Construction of Improvements between Lake County and M/I Homes of Lake County, LLC. Bentwood consists of 91 lots and is located in Section 2, Township 19 South, Range 25 East - Commission District 1.
Request for authorization to accept the final plat for Grass Roots Estates and all areas dedicated to the public as shown on the Grass Roots Estates plat. Grass Roots Estates consists of 14 lots and is located in Section 22, Township 21 South, Range 24 East - Commission District 3.
for authorization to execute
Resolution No. 2007-80 accepting
Request for authorization to release a performance bond in the amount of $2,836,715.65, release a letter of credit for maintenance in the amount of $129,638.34 for Phase I, accept a maintenance bond in the amount of $84,256.09, execute a Developer's Agreement for Maintenance of Improvements between Lake County and Lennar Homes, Inc., and execute Resolution No. 2007-81 accepting the following roads into the County Road Maintenance System: Spanish Needle Lane (County Road No. 0456A), Montauk Lane (County Road No. 0456B), Groose Point Lane (County Road No. 0456C), Grand Haven Drive (County Road No. 0457), Grays Harbor Way (County Road No. 0457A), and Marble Head Way (County Road No. 0457B). Tradd's Landing consists of 321 lots and is located in Section 10, Township 24 South, Range 26 East - Commission District 2.
Request for approval to execute change order #2 in the amount of $129,687.75 relating to additional work on the Countywide Resurfacing Project No. 2006-08, Bid Number 06-135 - Commission District 2.
Commr. Hill stated that Tab 12 was a request that came to the Board each year, and this was the eleventh year. She requested that they move that funding to the potential SRO (School Resource Officers) increases that the school system would have that coming year and that the School Board and the Education Foundation fully support this program for this year. She stated that if the budget came out better than anticipated next year, then they could consider possibly rolling this back into the County’s budget. She commented that she knew they were going to have some SRO requests over and above what they had last year, and that this would help with those requests.
Commr. Cadwell commented that even though this was a school program that was run by the school system, that it really benefited the County, because it targeted areas where they had children that ended up in the judicial services that they would have to provide, and this program had helped to divert some kids from that. He related that they would have to look hard at all of their programs after the legislature met, but he did not want to start nitpicking without looking at all of the programs together to be able to weigh them against each other. He opined that the money they spent on this program came back tenfold on what they did not have to spend on law enforcement.
Commr. Stivender noted that the Parks and Recreation Board was very adamant that this go through this year, and that they needed to give forewarning and not just cut it out at the last minute, since summer was almost here. She suggested that this might be something to look at next year.
Commr. Hill agreed that this was an excellent program, but that this year it would focus on the FCAT, which was an educational goal. She opined that the School Board could roll it into their budget, which would probably be increased by the legislature this year.
Commr. Stivender stated that they needed to have the Chairman send the School Board a letter saying that they needed to be working on putting this in their budget next year.
Stewart stated that she agreed with Commr. Cadwell and Commr. Stivender,
because after teaching in the
Commr. Cadwell directed Ms. Cindy Hall, County Manager, to have Mr. Fletcher Smith, Community Services Director, provide the Board with statistics on the targeted middle schools that they used and the juvenile arrest rate currently and when the program first started, and use that type of information in their decision-making process. He encouraged the Board to approve this today, since it was already budgeted for this year and the program was already there and ready to begin, and they needed to participate. However, he commented that he understood what Commr. Hill was saying.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried by a vote of 4-1, the Board approved Tab 12, the request from Public Works to provide funding assistance to the Lake County School Board Summer Enrichment Program for middle school children for up to $100,000, with a statement that the Board’s Chairman send a generic letter to the School Board stating that they would be looking at their funding of certain joint programs if they were in a different situation due to legislative action.
Commr. Hill voted “no.”
Commr. Renick pulled Tab 16 for discussion.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a vote of 5-0, the Board
Request for approval of Lease Agreement between
Request for approval to advertise ordinance to amend several sections of Lake County Code.
Commr. Renick stated that she did not have a problem with
Tab 16, but related that she had promised that if there was ever anything that
was controversial at all on the Consent Agenda, she would pull it. She explained that since this item had to do
with Prestige Concrete, it was controversial.
She stated that there were a number of issues regarding where the concrete
plants currently were and where they were planning on moving. She urged staff to get information regarding
standards for heavy industrial uses to the Board as soon as possible. She also related that she had talked to the
Commr. Stivender commented that the site that the Board had helped Prestige find was in an industrial park, but the problem was that it had grown residential around it from the municipality and others. She noted that they were in an appropriate zone, and if they met the County’s site plan requirements, there was nothing the Board could do about that.
Commr. Cadwell inquired whether Commr. Renick was talking about changing the LDR’s (Land Development Regulations).
Commr. Renick stated that she was not necessarily talking about zoning, but that there were measures, such as management practices, that concrete plants could adopt that would eliminate many of the complaints. She noted that Prestige was on the next DRS (Development Review Staff) meeting agenda.
Mr. Sandy Minkoff,
Commr. Renick was concerned about protecting the health and welfare of the residents from the dust, especially those with breathing problems.
Commr. Stewart commented that the concrete plants could either be good neighbors or bad neighbors, but the ones she had dealt with were bad neighbors.
Commr. Cadwell asked Mr. Minkoff about the County’s review process.
Mr. Minkoff commented that the conflicts were broader than just the concrete plants. The LDR adoption process would require going through the LPA (Local Planning Agency) first before it could come to the Board. He explained that the Board could choose to retroactively apply land development regulations, but there would then be an issue of possibly paying compensation to property owners who were vested or in the process.
On a motion by Commr. Stivender, seconded by Commr. Renick and approved unanimously by vote of 5-0, the Board approved Tab 16, as follows:
Request for approval of Declaration of Restrictive
Covenants, Woodlands v.
Mr. Larry Strickler, Senior Vice President, Public
Affairs, Workforce Central Florida, addressed the Board regarding the goals,
successes, and general information about Workforce Central Florida. He reported that last year Workforce Central
Florida placed 38,000 people in jobs and helped 4,000 employers find, train,
and retain employees. He explained that
every day they worked with local businesses to provide them with employment and
training solutions. He noted that they
primarily used federal funds to work with employers and residents in five
counties, which were Lake,
private sector led Board of Directors, and that the ratio of the Board was consistent with the population ratio of the five counties.
He stated that they operated several One Stop Career
Centers and had a mobile unit, which he believed would be in the City of
Mr. Strickler reported that Workforce Central Florida had recently celebrated their ten-year anniversary, and in that time, they had placed over 320,000 people in jobs, helped 38,000 businesses recruit and hire employees, and saved the community over $35 million per year in welfare by putting people to work that would otherwise be on welfare rolls. He also mentioned that they were working hard trying to improve the plight of the “working poor.”
He noted that another role of Workforce Central Florida
was as the region’s workforce expert, supplying a lot of the latest labor
market data, such as a survey they did last fall of employers in the region to
identify the workforce challenges employers were anticipating over the next
three years as well as the most effective means of recruiting workers and the
proper training and development needed to meet employers’ demand for skilled
workers. He showed slides relating to
that survey, including statistics showing that the average annual wage in
Mr. Strickler concluded by saying that Workforce Central Florida wanted to be part of the County’s overall economic development effort. He opined that existing businesses were where they needed to invest most of the County’s economic development dollars, which would give an immediate and better return on their investment. He also commented that they could be the extension of the human resource needs of a lot of existing businesses, including the County government, and they wanted to work with the County’s Economic Development Departments and any local government that was involved with economic development.
Fletcher Smith, Community Services Director, addressed the Board regarding Tab
20, the funding grant for LASER (
Cadwell commented that they had learned a few things during this last process,
and while government could provide a lot of things, there were some things it
could not provide, and that LASER would close that gap. He also stated that LASER would still be in
motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by
a vote of 5-0, the Board approved the Agreement between
CONSTRUCTION MANAGER CONTRACT FOR DOWNTOWN PROJECT
Ms. Cindy Hall, County Manager, related that at the Board meeting of April 25, the Board asked them to reconvene with Balford-Beatty and HLM to see if there were ways to reconstruct the contracts for the construction manager firm for the downtown construction project to eliminate any concerns that the County might have about the new relationship that had transpired because of the acquisition. She reported that legal staff had done that and met with the legal staff of Balford-Beatty and HLM, who had given them a number of offerings that had value to remedy the issues related to the relationship of being under the same parent company. She stated that they still had concerns about the length of time it would take to redo the contracts and get a third party as an overseer of the relationship and the fact that the relationship was different from what the County had originally contracted for. She related that their recommendation was that it would be best to issue a new RFP (Request for Proposal) and find a separate construction manager.
Commr. Stivender inquired whether going out for a new RFP would extend the time frame of the project or if revising the original contract would take more time.
Ms. Hall opined that they would be quite timely going out with a new RFP, since they already had the contract that they worked out with Centex originally. She thought they could do it expeditiously, and that there would not be a time delay.
Commr. Cadwell stated that since staff had not changed their mind and still thought it was in the County’s best interest to do a new RFP, he believed that was what they should do.
On a motion by Commr. Hill, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board moved to terminate the current agreement with the company formerly known as Centex and to issue a new RFP for a new construction manager.
ORDINANCE DISSOLVING CULTURAL AFFAIRS COUNCIL
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, DISSOLVING THE LAKE COUNTY CULTURAL AFFAIRS COUNCIL; CREATING DIVISION 10, ARTICLE IV, CHAPTER II OF THE LAKE COUNTY CODE, ENTITLED LAKE COUNTY ARTS AND CULTURAL ALLIANCE; CREATING THE ALLIANCE AS AN ADVISORY BODY; PROVIDING FOR MEMBERSHIP; PROVIDING FOR DUTIES OF THE ALLIANCE; PROVIDING PROCEDURES FOR ALLIANCE MEETINGS, PUBLIC HEARINGS AND RULES; DESIGNATING THE LAKE COUNTY OFFICE OF TOURISM AND BUSINESS RELATIONS AS ITS LOCAL ARTS AGENCY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mihalic, Tourism and Business Relations Director, stated that this ordinance
implemented the discussions that they had on January 30 and got the cities more
involved in the art and cultural personality and brought them more into the mix
of having a holistic
Commr. Stivender suggested that under Section 2-90.38(b) (Duties), they should change “regarding the needs” to “related to opportunities,” so as not to leave it wide open.
Mr. Mihalic stated that this ordinance would allow them to leverage up their standing with the state and get a larger portion of funding than they had in the past.
The Chairman opened the public hearing.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2007-21 dissolving the Cultural Affairs Council and creating a new Lake County Arts and Cultural Alliance, and changing “regarding the needs” to “related to opportunities” in Section 2-90.38(b).
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a vote of 5-0, the Board approved the appointments of Ms. Ivey Parks to serve as a Montverde Public Library member representative and Ms. Loula Parks to serve as alternate member representative on the Lake County Library Advisory Board for four-year terms expiring February 28, 2011.
BOARD RETREAT SCHEDULED FOR END OF JUNE
CITIZEN QUESTION AND COMMENT PERIOD
Hunter, Northeast Lake Chamber of Commerce, thanked the Board for the new
Health Clinic in Umatilla, the Paisley Fire Station, and the
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
JOINT MEETING OF MPO AND MYREGION.ORG
Commr. Hill reported that the joint meeting of myregion.org and the MPO was Wednesday evening, May 16 at 6:00 p.m.
LAW ENFORCEMENT MEMORIAL
Commr. Hill reminded the Board that the Law Enforcement Memorial was Friday morning, May 18.
REPORTS – COMMISSIONER RENICK – DISTRICT 2
LIBRARY POLICY REGARDING CHILDREN CHECKING OUT R-RATED VIDEOS
Renick stated that she received an e-mail from a resident who was concerned
about children being able to check out R-rated videos from
Commr. Stewart commented that she had the same concerns and did not think that a ten-year old should be allowed to check out an R-rated video and that some parents might not be aware that their children were checking those videos out. She relayed that Ms. Breeden was concerned that it could bring in a lot of other issues regarding restricting what books could be checked out and other similar issues. Commr. Stewart believed that there was a compromise that could be reached to keep inappropriate videos out of the hands of children.
Commr. Renick pointed out that videos had ratings on them already, whereas books did not.
Commr. Cadwell commented that libraries as a whole and probably the Library Advisory Board tended to overreact a little bit on any type of issue like that, because it was too easy to get beyond what they were trying to do when access to that kind of information was restricted. He stated that as liaison to the Library Advisory Board, he would ask them to develop a policy that would look at the movie checkouts in particular, and that he thought they probably needed to do something.
DIVISION OF FORESTRY DVD
Commr. Renick related that at the last Regional Planning Council meeting, before all the fires had started, the Division of Forestry gave out a DVD regarding fire prevention. She also stated that the Division of Forestry had a model ordinance in terms of developments keeping areas cleared and other ways to prevent fires. She informed the Board that she had a copy of that DVD if anyone wanted to see it.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
Stivender stated that over the weekend, they had “Sticker Shock,” which was
through the SAD program in the schools, working with the Sheriff’s Department
and Safe Climate Coalition, to try to deter underage drinking and parents from
buying alcohol for their children. She
explained that they plastered the stickers on each container of alcohol in the
convenience stores that approved it beforehand in the Leesburg area and the
south end of the County. She also
mentioned that Mr. Brandon Mills, a student of
Stivender noted that Friday, May 18, was Lake County Tourism Day from 10:00
a.m. to 3:00 p.m. at the
REPORTS – COMMISSIONER STEWART – DISTRICT 4
RESCUE OF ANIMALS TRAPPED DUE TO FIRE
Stewart thanked Mr. Gary Kaiser, Public Safety Director, for containing the
fires and for initiating a first in the State of
TRIBUTE TO DR. R. EUGENE BURLEY
Stewart recognized Dr. R. Eugene Burley, a
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Chris Bell, the Mayor of Fruitland Park, to the Lake Sumter EMS Board of Directors, representing the Lake County League of Cities.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:08 a.m.
WELTON G. CADWELL, CHAIRMAN
JAMES C. WATKINS, CLERK