REGULAR MEETING OF THE BOARD OF
NOVEMBER 4, 2008
The Lake County Board of
INVOCATION
Pastor Michael Sweeney, New Life Church of God, gave the Invocation and led the Pledge of Allegiance.
AGENDA UPDATE
Ms. Cindy Hall,
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board
approved placing the above-mentioned items on the Agenda.
Mr. Sandy Minkoff, County
Attorney, stated that he would like to withdraw Item A under his report as they
were not ready at this time, but would like to bring it back to the Board
toward the end of the month. He also
stated that there was a Public Works/County Attorney item that they would like
to add to the Agenda regarding Bella Colina Subdivision which would require a
vote; as well as adding the Cagan Crossings issue on impact fees to the Agenda
in order to clarify the exact action of the Board at previous meetings.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board
approved placing these two items on the Agenda.
Commr. Stivender stated that she
would like to add an item to the Agenda regarding the PEAR project which would require
a vote by the Board.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board
approved placing the above mentioned item on the Agenda.
MINUTES
Commr. Renick noted a change in
the Minutes of October 7, 2008, page 15, line 12, stating that the language
should read
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Minutes of October 7, 2008 (Regular Meeting), as amended; and October 14, 2008 (Regular Meeting), as presented.
CLERK OF COURT’S CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Court’s Consent Agenda, as follows:
List
of Warrants
Request to acknowledge receipt of 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.
Monthly Distribution of Revenue
Request to acknowledge receipt of Monthly Distribution of Revenue Traffic/Criminal Cases, for the Month Ending September 30, 2008, in the amount of $183,088.18. Same period, last year: $177,402.97.
Notice before the
Request
to acknowledge receipt of Application for authority to transfer water
Certificate No. 450-W, held by Pine Harbour Water Utilities, from Jim C.
Branham to Pine Harbour Water Utilities, LLC, in
Docket No. 080269-WU
Order No. PSC-08-0645-FOF-WU
Issued October 6, 2008
Order Approving Transfer
Lake
Request to acknowledge receipt of copy of the Lake County Water Authority’s Final Budget for FY 2008-2009.
City of
Request to acknowledge receipt of
Notices of Public Hearing for potential annexations regarding the following
annexation ordinances from the City of
Ordinance 2008-11-47, annexing 25.57 +/- acres.
Ordinance
2008-11-48, amending ordinance 2006-03-19, which annexed 28 +/- acres, by
correcting the legal description to include real property inadvertently not
included, thereby extending and increasing the corporate limits of the City of
Southwest Florida Water
Management District
Request to acknowledge receipt of Southwest Florida Water Management District’s CD containing a copy of the Southwest Florida Water Management District’s Fiscal Year 2009 Budget in Brief, along with a copy of the transmittal letter to Governor Charlie Crist.
Town of
Request
to acknowledge receipt of Comprehensive Annual Financial Report of the Town of
Founders
Ridge Community Development District
Request to acknowledge receipt of Founders Ridge Community Development District Fiscal Year 2009 Meeting Schedule, in accordance with Chapter 189.417, Florida Statutes. The Board of Supervisors of the Founders Ridge Community Development District does not meet on a regular basis, but will separately publish notice of meetings at least seven days prior to each Board Meeting, to include the date, time, and location of said meetings. Meetings may be continued to a date, time, and place to be specified on the record at the meeting. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that, accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the
Community Services
Request for approval of recommended library closings for calendar year 2009.
Request for approval of continued
funding to the Lake County Shared Services Network in the amount of $25,000 for
FY 2008/2009. Funding will be taken from
the Crime Prevention Fund established by the County pursuant to F.S.
775.083(2). Approve and authorize the Chairman of the Board of County
Commissioners to sign the Extension to Agreement between
Request for approval signature of revised policy LCC-7 "Lake County Library System Guidelines and Minimum Standards for Public Libraries Entering the County Library System."
Request for approval of annual grant
funding for six (6) children’s services providers, who have submitted
applications for the 2008-2009 County funds through the Children’s Services
Council Request for Proposal (RFP) process; request authorization for
signatures on subsequent agreements contingent on
Request for approval and authorization for the Chairman to sign the FY 2008-09 Community Development Block Grant (CDBG) Partnership Agreement with the Lake County Health Department in an amount not to exceed $70,720.00 in FY 2008-09 CDBG funding and $70,000.00 from FY 2008-09 County General Revenue funds to provide prescriptions to low income individuals, and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
Employee Services
Request for approval of the period
July 1, 2008-September 30, 2008 unemployment compensation invoice. This invoice
exceeds the
Procurement
Request for approval of recommendation that Gatorsktch Architects, Incorporated be awarded a contract for Architectural/Engineering Services for On Call Roofing Projects.
Public Safety
Request for approval and execution
of the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base
Grant Agreement with the State of
Request for approval and execution
of the Hazards Analysis Agreement between the State of
Request for approval and execution of the Lake County
Enhanced Warning System-Education & Training Agreement, with the State of
Request for approval and execution
of the Lake County Enhanced Warning System-Weather Radios Agreement, with the
State of
Public Works
Request for approval, execution and acceptance of a corrective Non-Exclusive Easement granted by Diane Knight-Cummins. Commission District 3.
Request for execution of Resolution No. 2008-166 which was approved on October 7, 2008, authorizing the installation of the "STOP" signs with “All Way” plaques on Roper Bv (1048A) and "All Way" plaques on existing stop signs on Caspian Lane (1047) in Spring Valley Subdivision in the Clermont area that was approved by the Board of County Commissioners on 10/07/08. Commission District 2.
PRESENTATION
Mr. Eric Anderson, Senior Land Fill
Supervisor, Solid Waste Operations, stated that he was today representing Ms.
Sharon Tatum, Public Education Specialist, Environmental Administration. He stated that a group of third grade
children from
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Tab 21 which was Proclamation No. 2008-180, declaring November 15, 2008, as Lake County Recycles Day 2008.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Tabs 19 and 20 for approval of the Third Amendment to Lease Agreement between Lake County and Sunnyside Plaza for Clerk of Court office space, and the approval of a Closed Session of the Board on November 25, 2008.
Employee Awards
Commr. Cadwell presented the employee awards with Ms. Kasie McAdams, Employee Services Manager commenting briefly about each employee’s service to the County:
Five Years
Facilities Development & Management/Facilities Maintenance
Ten Years
Amy Bradford, Office Associate V
Community Services/Transportation Disadvantaged
Frank Carattini, Firefighter/EMT
Public Safety/Fire Rescue
Tracey Dougherty, Network Technician (NP)
Information Technology/Information Systems
Steven Ellis, Firefighter/EMT
Public Safety/Fire Rescue
Kelly LaFollette, Information Outreach Director
County Manager/Information Outreach
Timothy Roe, Firefighter/EMT
Public Safety/Fire Rescue
Paul Rogers, Fire Lieutenant/EMT
Public Safety/Fire Rescue
Michell Woodward, Fire Lieutenant/Paramedic
Public Safety/Fire Rescue
Fifteen Years
Leonard Connell, Equipment Operator I
Public Works/Road Operations/Maintenance Area I
Twenty Years
Richard Miller, Sign & Striping Technician
Public Works/Road Operations/Signs Signals & Striping
Connie Nicholson, Office Associate IV
Employee Services & Quality Improvement
Fletcher Smith, Community Services Director
Community Services
Employee of the Quarter
Cyndee McManus, Office Associate I
Procurement Services\Document Services
Supervisor of the Quarter
Leon Platt, Information Systems Director
Information Technology/Information Systems Division
F.I.S.H. Award
Scott Amey, Senior Library Assistant
Community Services
Library Services
Presentation to
Commissioner Stivender
Commr. Cadwell asked that Commr.
Stivender join him at the podium for presentation of a framed print of the
Commr. Stivender addressed the Board
and employees of
Emergency Medical System of the
Year Award
Mr. Jim Judge, Director of
Lake-Sumter Emergency Medical Services (Lake-Sumter EMS), addressed the Board
and presented a training video produced by the National Red Cross while in
Mr. Judge then asked Commr. Cadwell
to join him stating that they especially wanted to recognize the individual who
had a vision of creating a true community based Emergency Medical Services
system. He stated that Commr. Cadwell
had convinced the cities throughout
Commr. Cadwell mentioned that six or
seven years ago when Mr. Bob McKee, Tax Collector, and Mr. Shannon Elswick,
Vice-President, Orlando Regional Health Care, sat down with him to discuss
COMMUNITY SERVICES
SUBSTANCE ABUSE POLICY
Mr. Ken Harley, Public
Transportation Director, stated that Tab 22 was for approval of an amendment to
their Substance Abuse Policy. He stated
that the Code of Federal Regulations had been changed by the Federal Transit
Administration (FTA) earlier this year to acquire direct observations of people
performing their alcohol and substance abuse tests as well as direct
observation of specimen testing. He
explained that these observations would be made when there had been a diluted
test or when a person was returning back to duty. He stated that this is a requirement of the
FTA which is primarily focused on drivers and mechanics of their Para-Transit
and
On a motion by Commr. Stivender, seconded by Commr. Hill, and carried unanimously by a 5-0 vote, the Board approved the Public Transportation Division Substance Abuse Policy as amended by the FTA.
AGREEMENT WITH LYNX
Mr. Ken Harley stated that Tab 23
was a request for approval of an Agreement with Lynx to continue providing
transportation services in
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board
approved the Agreement with Lynx to provide two fixed route bus networks in
Clermont and
PROCUREMENT
STATEWIDE CONTRACTS FOR PURCHASE
OF ROLLING STOCK
Mr. Barnett Schwartzman, Procurement Services Director, recommended the Board approve the use of various state-wide contracts for the purchase of rolling stock (vehicles, trucks, mowers, etc.) approved in the budget process for Fiscal Year 2008/2009. He stated that this item primarily implements the budget process. He commented that they generally use the state-wide contracts because they are based on very high volumes with excellent pricing. He remarked that this particular item was to impress overall authority to use these contracts whenever market research indicates it appropriate to do so. He explained that if there was any action for any vehicle or item that was not budgeted, or anytime they did not specifically want to use the state contracts for some specific reason, then that particular award would be presented, individually, to the Board for approval.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the use of various state-wide contracts for the purchase of the rolling stock (vehicles, trucks, mowers, etc.) approved in the budget process for Fiscal Year 2008/2009.
OTHER BUSINESS
AFFORDABLE HOUSING ADVISORY
COMMITTEE APPOINTMENTS
Commr. Cadwell referred to Tab 25 appointing members to the Affordable Housing Committee and commented that the present members do a tremendous job. He stated that the following people were up for reappointment: Ms. Vicki Zaneis representing the Local Planning Agency (LPA); Mr. Carl Ludecke representing the Residential Home Building Industry; Mr. Mike Cox representing the Banking Industry; and Mr. James Fischer representing Low-Income Persons.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2008-181 for the reappointment of Ms. Vicki Zaneis, Mr. Carl Ludecke, Mr. Mike Cox and Mr. James Fischer to the Affordable Housing Committee.
PARKS, RECREATION AND TRAILS
ADVISORY BOARD APPOINTMENT
Commr. Cadwell referred to Tab 26 requesting approval of the appointment of an individual to the vacant Commission 2 District seat on the Parks, Recreation and Trails Advisory Board.
Commr. Renick stated that she had talked to Mr. Rick Roberts with South Lake Little League and she had also heard from Ms. Kathleen Leo who had previous experience with this board. She stated that she would like to nominate Mr. Roberts to fill the vacancy, but wanted to know if they could have an alternate.
Mr. Sandy Minkoff,
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Rick Roberts to fill the vacant District 2 seat on the Parks, Recreation and Trails Advisory Board.
Commr. Cadwell stated that Tab 27 was an affirmation for the appointment of Mr. Charles “Billy” Goodson to serve as the Umatilla Public Library’s member representative on the Lake County Library Advisory Board.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the affirmation of Mr. Charles “Billy” Goodson to serve as the Umatilla Public Library’s member representative on the Lake County Library Advisory Board to complete an unexpired term ending February 28, 2010.
CDBG PARTNERSHIP WITH CITY OF
ENHANCEMENT AREA PARTNERSHIP
AGREEMENT BETWEEN THE COUNTY
AND THE FRIENDS OF
Commr. Stivender stated that with
regard to Tabs 4 and 7, she would like to make the public aware of how well the
staff; Mr. Fletcher Smith, Community Services Director; Mr. William Gearing,
Community Services Enhancement Coordinator; and Ms. Barbara Schamel, Community
Services Program Specialist, have worked with the City of
Ms. Schamel addressed the Board
stating that the City of
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved execution of Amendment 1 to the FY 07-08 CDBG Partnership Agreement with the City of Tavares, and authorization for execution of the FY 2008-09 Community Enhancement Area Partnership Agreement between the County and the Friends of Ferndale in an amount not to exceed $75,000, allocating Community Development Block Grant funds to purchase, on behalf of the Friends of Ferndale, the property at the southeast corner of County Road 455 and Ferndale Road for use as a community park and to oversee completion of the project as covered in the Scope of Services.
SPONSORSHIP FOR
Commr. Renick stated that she had pulled Tab 10 regarding their involvement with Lake County Days stating that the recommended Level for Sponsorship was Platinum. However, after reviewing the various Levels, she stated that the big difference between Platinum and Silver Sponsorship seemed to be VIP seating for meal tickets. She asked if anyone else was interested in offering the Silver Level Sponsorship rather than the Platinum Level.
Commr. Stewart commented that she thought that was a good idea.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a 5-0 vote, the Board approved reducing their Sponsorship Level from Platinum to Silver.
REPORTS -
Mr. Sandy Minkoff,
Commr. Cadwell commented that they had about $400,000 worth of landscaping remaining to be done, but they would retain the $13 million Bond. He stated he saw no problem with the request.
Mr. Minkoff stated that there were no homes, other than the four mentioned, and the CO’s would allow them to sell their homes and close on the properties.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the issuance of Certificates of Occupancy at Bella Collina West subdivision on the four homes prior to the completion of $400,000 of landscaping, and to retain the $13 million Performance Bond, in order to sell the homes and complete the landscaping at closing.
CAGAN CROSSINGS - THE GLENN
IMPACT FEES
Mr. Minkoff stated that the second item placed on the Agenda under his report was with regard to Cagan’s Crossing - The Glenn (Cagan’s). He commented that Cagan’s had come before the Board twice requesting a full waiver of impact fees based upon Affordable Housing which request was denied by the Board. He commented that they also requested that they be allowed to defer the payment of the impact fees from the time of obtaining the Building Permit to the time of getting the Certificates of Occupancy for the apartments. He explained that he thought they had Board approval to defer the payment of impact fees, but it was unclear and wanted to confirm same if that was the sentiment of the Board. He suggested that the Board entertain a motion to clarify the matter. He noted that this would not keep them from paying anything; they would simply be allowed to pay at the end of construction rather than at the beginning. He commented that generally the Code authorizes the Board to approve this type of arrangement for any commercial or industrial development allowing them to pay at the end rather than at the beginning.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved the waiver of impact fees for Cagan Crossings - The Glenn, to allow deferring the payment of the impact fees from the time of obtaining the building permit to the time of getting Certificates of Occupancy for the apartments which would allow them to pay at the end of construction rather than at the beginning.
REPORTS -
PAYMENT OF PURCHASE ORDERS FROM
LAST YEAR
Ms. Cindy Hall,
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously by a 5-0 vote, the Board approved having the Finance Department pay bills against approved purchase orders from last year, which have not yet been brought forward into the current year, by a direct pay mechanism.
REPORTS - COMMISSIONER RENICK -
DISTRICT 2
GREEN FAIR
Commr. Renick reported that approximately 1500 people attended the Green Fair last Saturday. She expressed her appreciation to the Green Team and everyone in attendance and felt the event was very successful.
Commr. Cadwell commented that they would officially recognize the Green Team for this event at a future meeting. He expressed his appreciation to them.
REPORTS - COMMISSIONER STIVENDER
- DISTRICT 3
Commr. Stivender stated that they had
discussed the entrance to
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved that the $200,000 check received from the State be designated to complete PEAR Park, with any surplus and reserves placed in the Parks capital fund and earmarked for the entrance of the PEAR Park project.
EXPRESSION OF GRATITUDE
Commr. Stivender thanked the Board for the pleasure of being one of its members for the past eight years and stated that it had been an honor to serve with them.
REPORTS - COMMISSIONER STEWART -
DISTRICT 4
MT. PLYMOUTH/SORRENTO ADVISORY
COMMITEE
Commr. Stewart stated that several members of the Mt. Plymouth/Sorrento Advisory Committee were having health issues, one of whom would be absent for sometime due to surgery, and another member would be having extensive surgery after the first of the year. She commented that the Comprehensive Plan would be submitted soon; therefore, time was of the essence to complete their job establishing the Land Development Regulations (LDR’s). In order to speed up that process, she requested approval for staff, which was very knowledgeable of the community and its vision, go forward with completion of the project and present it back to the Committee for any necessary changes. She explained that after meeting and discussing this process with the Committee Chairman and staff, they had all come to this decision.
Commr. Cadwell stated that he felt this would be a good idea. He suggested that Commr. Stewart go forward with the project as Liaison to the Committee.
CITIZEN QUESTION AND COMMENT
PERIOD
Mr. Michael David Perini of 12317
Cypress Bend,
Commr. Cadwell asked if he had spoken with the Tax Collector about the tax bill to which Mr. Perini responded that he had not. He explained that the Tax Collector was a separate Constitutional Officer and it was his job to send out those bills. He stated that the Board would be glad to contact Mr. McKee’s office and obtain information for Mr. Perini in this matter.
--------------------
Ms. Rae Stewart of 25424 Mardon Circle,
Paisley, addressed the Board regarding Embarq, and Florida Cable services, as
well as cell phone towers need to serve subscribers, other than Sprint, in
Paisley. She stated that over the past
several years many Paisley residents had tried to get companies like Embarq or
Florida Cable to bring high-speed internet into the area. She reported that the only response they had
received to-date was that it was unavailable.
She stated that in August she solicited all
Commr. Stivender remarked that at
the last Board meeting they approved a communication system that would provide
additional cell phone coverage in
-------------------
Mr. Hamid Mazuji addressed the Board
to request reducing the speed limit to 40 miles per hour on roads that have no
shoulder, sidewalk, or trail where the only option is to share the road. He commented that he had called the State and
they explained to him that they had performed a study in this regard and that
even with a reduced speed limit people would continue to drive at a speed of 55
miles per hour. He explained that his
reason for bringing this matter to the Board was that he got hit on the bridge going
towards Howey-in-the-Hills on
Commr. Cadwell suggested that the Safety Committee and Bicycle and Pedestrian Committee look into that issue utilizing the County’s inventory of those roads with no shoulders.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
NEIL KELLY, CLERK