A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 18, 2009
The Lake County Board of County Commissioners met in regular session on Tuesday, August 18, 2009 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Jimmy Conner; Elaine Renick; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION and pledge
Reverend Leon Bloder, from the First Presbyterian Church of Eustis, gave the Invocation and led the Pledge of Allegiance.
Agenda update
Ms. Cindy Hall, County Manager, pulled Tab 7, under the County Manager’s Consent Agenda, a request from Procurement Services that the Board approve the award of a contract for the provision of architectural/engineering and sustainability design services for the County, until a later date; noted a correction that needed to be made to Tab 10, changing the City of Minneola to the City of Clermont; and stated that she would like to add to the Agenda, under her Reports, a Budget Package, containing some notes that she made from the Budget Workshops that were held on August 11th and 12th, as well as some backup information that the Board had requested.
Mr. Sandy Minkoff, County Manager, informed the Board that he had an item that he would like to add to the Agenda, under his Reports, that might require a vote.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved to add said item to the Agenda.
Commr. Conner stated that he did not want to have Tab 7 pulled from the Agenda completely, as requested by the County Manager, because he wanted to discuss it with the Board.
It was noted that Tab 7 would be pulled from the County Manager’s Consent Agenda and placed under the County Manager’s Departmental Business, for discussion.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 12, 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.
Proof of Publication of Unclaimed Moneys and Payment to the Board
Request to acknowledge receipt of proof of publication of unclaimed moneys and payment to the Board for those moneys advertised less claims and publication costs.
Ordinances from the City of Groveland
Request to acknowledge receipt of Ordinances from the City of Groveland, as follows:
Ordinance No. 2009-07-24, extending and increasing the corporate limits of the City of Groveland, annexing 0.24+/- acres of land contiguous to the City of Groveland.
Ordinance No. 2009-07-28, extending and increasing the corporate limits of the City of Groveland, annexing 12.91 +/- acres of land contiguous to the City of Groveland.
Notice Before the Florida Public Service Commission
Request to acknowledge receipt of Florida Public Service Commission’s Notice of Application for Transfer of the Assets of Colina Bay Water Company, LLC and Certificate No. 632-W to Colina Recovery, Inc., 104 S. Main Street, Greenville, SC 29601, providing water service to territory in Lake County, Florida.
Southwest Florida Water Management District’s Tentative Budget for Fiscal Year 2009/2010
Request to acknowledge receipt of Southwest Florida Water Management District’s Standard Format Tentative Budget for Fiscal Year 2009/2010, along with CD containing copy of same, which includes introductory letter to Governor Crist.
2008 Annual Report from East Central Florida Regional Planning Council
Request to acknowledge receipt of 2008 Annual Report from East Central Florida Regional Planning Council.
Comprehensive Annual Financial Report from City of Fruitland Park
Request to acknowledge receipt of Comprehensive Annual Financial Report from the City of Fruitland Park, for the period ending September 30, 2008, in compliance with Section 12 of the Interlocal Agreement between Lake County and the City of Fruitland Park, relating to the provision of Library Services.
St. Johns River Water Management District’s Tentative Budget for Fiscal Year 2009/2010
Request to acknowledge receipt of St. Johns River Water Management District’s Tentative Budget Submission for Fiscal Year 2009/2010.
Notice Before the Florida Public Service Commission
Request to acknowledge receipt of Notice Before the Florida Public Service Commission, re: Docket No. 090346-WU – Application for Staff Assisted Rate Case, Brendenwood Water System, Inc.
Notice of Mass Layoff from Accent Marketing Services, LLC
Request to acknowledge receipt of Notice of Mass Layoff – 30 Day Extension from Accent Marketing Services, LLC, regarding future reductions in workforce at its Lake County facility, located at 308 West Ardice Avenue, Eustis, Florida, pursuant to Worker Adjustment and Retraining Notification Act. Layoff date being extended to date to be determined between August 30 and September 13, 2009. Extension expected to impact approximately 50 employees.
Letter from Kindred Rehab Services, Inc. d/b/a Peoplefirst Rehabilitation
Request to acknowledge receipt of Letter from Kindred Rehab Services, Inc., d/b/a Peoplefirst Rehabilitation, regarding separation of various employees who currently render services under Therapy Services Agreements with facilities managed by Senior Health Management, LLC, in connection with Senior Health Management, LLC’s termination of those Agreements, along with list containing addresses of facilities throughout Florida in which affected employees render services, as well as positions being affected and number of affected employees in each job classification.
Final Order from State of Florida, Department of Community Affairs
Request to acknowledge receipt of copy of Final Order from the State of Florida, Department of Community Affairs, approving a Land Development Regulation adopted by a local government within the Green Swamp Area of Critical State Concern, stating that Lake County Ordinance No. 2009-25 is generally consistent with the Lake County Comprehensive Plan Goals and Policies and General Land Use Location Criteria.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 13, pulling Tab 7, as follows:
Community Services
Request for approval of Transportation Standard Coordinator Contract with LifeStream Behavioral Center.
Request for approval to receive unanticipated revenue for Fiscal Year 2008/09, in the amount of $12,000.00, from Florida Healthy Kids Corporation; execute Resolution No. 2009-108, which initiates continuation of Florida Healthy Kids outreach activities; and approval for the Chairman or designee to sign the contract and any support documents.
Growth Management
Request for approval of Impact Fee Deferral Agreement for Loch Leven Publix Center - Commission District 4.
Procurement Services
Request for approval to use Florida State Contract No. 863-000-10-1 for purchase of tires for county fleet, approved in yearly budget processes.
Request that the Board (1) declare items on submitted list(s) surplus to county needs; (2) authorize the removal of all items on said lists from county’s official fixed asset inventory system records; and (3) authorize Procurement Services Director or designee to sign vehicle titles.
Public Works
Request from Public Works for approval to execute Local Agency Certification Qualification Agreement between Lake County and Florida Department of Transportation (FDOT).
Request from Public Works for approval and signature on Resolution No. 2009-109, supporting the posting of speed limit signs on Tamarack Boulevard (1047E) and Aviva Way (1047F), in Section 5, Township 23, Range 26, in the Clermont area - Commission District 2.
Request from Public Works for authorization to accept check for maintenance surety, in the amount of $7,467.87, and execute Developer's Agreement for Maintenance of Improvements between Lake County and Founder’s Ridge, LLC, for Citrus Grove Road - Commission District 2.
Request from Public Works for approval and signature on Resolution No. 2009-110, to advertise Public Hearing for Vacation Petition No. 1151, to vacate portion of right of way along Hammock Ridge Road, in the Clermont area - Commission District 2.
Request from Public Works for approval and signature on Resolution No. 2009-111, to advertise Public Hearing for Vacation Petition No. 1149, to vacate Lots 10 and 11 and associated side and rear drainage and utility easement in the Plat of Royal Trails, in the Deland area - Commission District 5.
Request from Public Works for authorization to award Dead River Road (4140) Stormwater Project No. 2009-07, Bid No. 09-0823, to Blue Ox Land Services, Inc., in the amount of $1,285,819.35, and encumber and expend funds, in the amount of $1,285,819.35, from the Stormwater Management Fund - Commission District 3.
COUNTY ATTORNEY’S CONSENT AGENDA
Commr. Conner informed the Board that the residents of Ferndale support and appreciate the fact that the Board will be acting on Tab 14, a Responding Resolution to the Town of Montverde’s Resolution, pertaining to an Interlocal Service Boundary Agreement.
The County Attorney requested that Tab 14 be pulled from his Consent Agenda, to be addressed under his Reports.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 14 through 21, pulling Tab 14, for discussion, as follows:
Request for approval of Resolution No. 2009-112, and authorization and execution of Fifth Supplemental Indenture of Trust, relating to county’s outstanding Resource Recovery Industrial Development Refunding Revenue Bonds (Covanta Lake II, Inc. Project), Series 2004.
Request for approval of Lease Agreement with Strong Brothers, LLC, for Tax Collector office space, located at 1340 Citizens Boulevard, Leesburg - Commission District 1.
Request for approval of Amendment to Agreement with The Appraisal Group of Central Florida, for appraisal consultant services.
Request for approval of assignment of attorney’s agreement from Harry T. Hackney to Campione & Hackney, P.A.
Request for approval of First Amendment to Lease between The Villages Operating Company and Lake County, for Tax Collector office space, located at 918 Avenida Central, The Villages - Commission District 5.
Request for approval of Amendment to Lease Agreement with St. Clairsville Medical Group, for County Health Department space, located at 9836 US Highway 441, Leesburg - Commission District 1.
Request for approval of Letter of Termination, to terminate lease agreement with C & P Partnership, for library space in downtown Clermont - Commission District 2.
PRESENTATIONS
PUPPET SHOW - RECYCLING AND TAKING CARE OF THE ENVIRONMENT
Ms. Sharon Tatum, Public Education Specialist, Environmental Utilities Department, introduced Ms. Amber Taylor, Ms. Brianna Taylor, and Ms. Rachel Clark, three of the County’s summertime student volunteers, who have been working during the Summer to take the message of recycling and taking care of the environment to the general public. She stated that they wrote and produced a recycling puppet show, which they are presenting around the County, and will make a guest appearance on WLBE Radio 790 AM at 11:30 a.m. this date, to present snippets from that puppet show, at which time they gave the Board a brief presentation of same, singing one of the songs from the puppet show, noting that it is about aliens encouraging earthlings to do the right thing and recycle, in order to save the planet.
NATIONAL ASSOCIATION OF COUNTIES (NACo) AWARD PRESENTATIONS
The Chairman, who is also on the National Association of Counties (NACo) Board of Directors, along with the County Manager and Ms. Jeannine Nelson, from Employee Services, presented employees from Growth Management with "Beyond Customer Service - Exceeding Expectations" and employees from Employee Services with "FOCUS: Fulfilling Our Customers through Unbeatable Service" awards from NACo, at which time the Chairman noted that the FOCUS Program explores six core customer service areas, being flexibility, communication, respect, empathy, expertise, and initiative and that 852 employees participated in the program, which was very well received and was successful in emphasizing the importance of keeping the customer as a priority.
process improvement program
Ms. Kasie McAdams, Employee Services Manager, recognized those employees that participated in the Process Improvement Program, which she noted is an offshoot of the FOCUS Program, indicating that said employees took what they learned in the FOCUS Program and made it real – applied it to their jobs. She stated that they are currently focusing on not only finding new and better ways of doing business, but making it better for the customer, which is a new mind set that has yielded results. She explained that Facilitators from Employee Services trained 50 selected Process Improvement Program Ambassadors – representatives from each work team who were given training and taught what the Process Improvement Program is and how to make it work in their departments. She commented that it has been almost one year since the Program was started, and it has been a very uplifting one for the customers, at which time a number of employees were recognized as Contributors/Facilitators and as Ambassadors for the Program.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
procurement services
architectural/engineering and sustainability design services contract for judicial center expansion project
Commr. Conner stated that, even though the Board would not be voting on this request (Tab 7) this date, he felt the other Commissioners needed to know where the County is in the process, noting that he felt the County Manager pulled it from the Consent Agenda, as the result of a meeting that he held with her. He stated that he asked some questions that she did not have answers to, and he wanted everyone to know what those questions were, so that it is not something that might go away and never come back. He explained that there were 28 architectural firms that applied for this project - a community building in Yalaha, which is in his district, and out of those 28 firms, there was only one Lake County firm and that firm finished second. He stated that the firm that finished first is from Orlando and it is an excellent firm, but the Board has sent a message that they want to be business friendly to Lake County businesses and he feels that message is not being received very effectively by staff. He remarked that, if a firm from Lake County is good enough to be second out of 28 firms, they are good enough to be first. He commented that the point he was trying to make is that he could understand the justification of awarding a specialty project to an out of county firm, but this project is not a specialty project – it is a community building. He indicated that he is tired of the Board saying they want to do business with firms in Lake County and then the County Manager and staff consistently give business to firms outside the County, noting that it almost looks like they are going out of their way to not give business to local firms. He informed the Board that he felt he had to vote for approval of this request, otherwise, it would not be fair to the firm that was ranked No. 1, but he feels it is really unfair to the local firm. Another concern he had about this particular contract is the fact that comments were made that the firm that was chosen did pro-bono work and it appears that they got a head start on the project, by doing pro-bono work. He questioned how that happened and why staff is giving out of county firms the opportunity to do pro-bono work, but not giving Lake County firms the same opportunity. He indicated that a third concern he has about this request is the cost of the project and tying an 8.5% fee to it. He stated that, from day one, he has asked the Board to engage more in issues and this is one that he was going to ask them to engage more in and make sure that they scrutinize everything that comes before them. He noted that a “business friendly” policy would be coming before them later in the meeting for approval, but he does not know whether it will solve the problem.
EMPLOYEE SERVICES
county BLUECROSS BLUESHIELD OF FLORIDA CONTRACT
Ms. Susan Irby, Employee Services Manager, presented this request, stating that it has to do with the County’s contract with BlueCross BlueShield of Florida for third party administrative services for the County’s medical plan. She informed the Board that the County has been with BlueCross BlueShield for three years and staff felt it was time to look at renewal of the contract. She stated that, during the renewal process, BlueCross BlueShield agreed to reduce their administrative fees from what the County is currently paying for the next two years, with a slight increase the third year of the contract, and, in addition, that they administer the County’s Flexible Spending Account Program. She commented that, although there have not been any increases over the last three years, they are proposing a $1.00 increase, so it will be $7.00 per employee that participates. In addition, she presented two proposed plan changes, the first being the incorporation of a Mandatory Generic Substitution Program for the pharmacy benefit, at which time she noted that most of the County’s employees select generic prescriptions and, if the doctor indicates “medically necessary” on the prescription, the member will not be penalized for it, nor will the member be penalized if there is not a generic medication available. Another addition is the incorporation of a Blue Medicare Program, which is a fully insured Medicare PPO Advantage Health Plan through BlueCross BlueShield, to be offered as an alternative, or just another option for the County’s retirees that are Medicare eligible, in that they will leave the County’s self insured medical plan and go to the fully insured BlueCross BlueShield plan, however, pointed out the fact that, if they hate it, they can come back to the County’s plan within the first twelve months of leaving it.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Employee Services for approval of an amendment incorporating various revisions to the County’s current contract with BlueCross BlueShield of Florida for third-party administrative services for the County's medical plan.
employee services
COUNTY WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY PROGRAM CONTRACT
Ms. Susan Irby, Employee Services Manager, explained that this request was for approval to award the contract for third party services for the County’s Workers’ Compensation and Employer’s Liability Program to Employers Mutual, Inc. (EMI), noting that a Request for Proposal (RFP) was conducted and the County received two responses, which the selection committee reviewed and recommended that, due to pricing and technical factors, the incumbent, EMI, be awarded the contract. She stated that, once they were identified to be recommended for the award, staff had discussions with them and were able to get them to reduce their proposed fee to what the County is currently paying, enabling a rate hold for the first year, with a slight increase for years two and three, and, in doing so, staff was able to reduce administrative fees over the next three years by almost $9,000. She noted that, due to said factors and the County’s good experience with them, staff was recommending that the request be approved.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Employee Services for approval to award Contract No. 09-0032, for TPA Services for the County’s Workers' Compensation and Employer's Liability Program, to Employers Mutual Inc. (EMI).
employee services
contract for broker risk insurance services to arthur j. gallagher risk management services, inc.
The Chairman disclosed, for the record, that, although they did not get the bid, he serves on the Board for PGIT (Preferred Governmental Insurance Trust), which Brown & Brown Insurance quoted during the bid process; therefore, he would be abstaining from the vote.
Ms. Susan Irby, Employees Services Manager, informed the Board that this request was for approval to award Contract No. 09-0031, for Broker Risk Insurance Services, to Arthur J. Gallagher Risk Management Services, Inc. She stated that a Request for Proposal was conducted and the County received several responses. The vendors were asked to present to the County, if possible, two compensation arrangements and Arthur J. Gallagher came in with the lowest fixed-fee price of $80,000, with 4% increases for years two and three, and they were $15-20,000 cheaper than the other vendors that responded to the RFP. She indicated that, once the County selected them to be recommended for the award, in discussions with them, they indicated that they would offer the County the flexibility of taking a look each year at the premiums and determine whether the percentage compensation, or the flat fee arrangement, would be more cost effective for the County. She remarked that, due to these factors, as well as the fact that they are the incumbent vendor and has more experience working with public entities and the fact that the County has received positive references on them, staff was recommending that they be awarded the contract.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a 4-0 vote, the Board approved a request from Employee Services for approval to award Contract No. 09-0031, for Broker Risk Insurance Services, to Arthur J. Gallagher Risk Management Services, Inc.
Commr. Cadwell abstained from the vote.
procurement services
contract for micro-surfacing crack sealing and related services projects
Mr. Barnett Schwartzman, Procurement Services Director, presented this request, stating that it was a request for approval to award a contract for Micro-Surfacing Crack Sealing of some roads in the County on an as required basis. He stated that it is a straight bid and the award is being recommended to the lowest bidder. He indicated that it is a departmental request, due to the potential dollar value.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Procurement Services that Contract No. 09-0614, for Micro-Surfacing Crack Sealing and Related Services Projects Not Exceeding 450,000 Square Yards per Year, be awarded to North Florida Emulsions, Inc.
“business friendly” initiatives
Mr. Barnett Schwartzman, Procurement Services Director, explained this request, stating that it had four attachments, being: Attachment One – Procurement-Related Initiatives; Attachment Two – Opportunities for Business Friendly Activities; Attachment Three – Lake County Business Friendly Procurement Recommendations by the Chamber Alliance of Lake County Sub-Committee; and Attachment Four – Sample Vendor Responses to Automated Service Survey, which he reviewed with the Board, commenting that staff is proud of some of the things they have done under the Performance Improvement Program. He pointed out the fact that the Board could tell from the comments contained in Attachment Four that some people are not shy about telling the County what they can do better and, when staff receives that kind of input, they react to it quickly.
It was noted that the issue of implementing preferences for local businesses and/or more general “business friendly” enhancements in the County’s programs in general and specifically within the County’s Procurement Program has repeatedly been discussed during the course of recent Board Meetings and the County Manager and staff, in coordination with Commr. Conner, were requested to identify possible courses of action, with regard to said issues. Attachment One is a list of business friendly initiatives that relate primarily to the Procurement Services function and Attachments Two, Three, and Four reflect the resulting coordination throughout the vendor community, the Chamber Alliance, the Board, county staff, and other public sector purchasing entities. Procurement initiatives listed in Group A are either completed, or mature in process, and those listed in Group B are in the initial planning stages, which are currently underway. It was further noted that the coordination process identified enhancements and initiatives that extend beyond the Procurement function. These initiatives task all county departments to review current processes to appropriately assist and support the general business community, and, in addition, specifically assign certain roles to the Department of Economic Growth and Redevelopment, to promote and support the local business community. Upon general approval of the business friendly initiatives listed under Attachment One, the Procurement Services staff will add implementing directions within the County’s Purchasing Procedure Manual (Procedure LC-7).
Commr. Conner stated that the County has got to change its mind set about how things are done, at which time he discussed some positive changes that are being made in the Procurement Services process, which are being very well received in the business community. He feels the new policy is a big step in the right direction and is something that can be modified and improved upon in the future. He thanked the Board for allowing him to work with county staff and the business community, in bringing this matter forward.
Commr. Renick thanked Commr. Conner for spearheading the proposed policy, noting that she feels it is good for the County and is something that needed to be done, no matter what the economic situation is.
A motion was made by Commr. Conner and seconded by Commr. Renick to approve a request from Procurement Services for approval of some “business friendly” initiatives that were submitted to them, to be formalized within the County Manager’s procedures.
Under discussion, Commr. Hill clarified the fact that the motion was for approval of Attachment One – Procurement-Related Initiatives only – that Attachments Two, Three, and Four were backup information, for the Board’s perusal.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
public works
interlocal agreement between lake county and city of tavares for design, construction, and maintenance of segment of alfred street
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that this request was for approval of an Interlocal Agreement between Lake County and the City of Tavares for the Design, Construction, and Maintenance of a Segment of Alfred Street, which had come before the Board once before, but was postponed. It was noted that the City of Tavares will oversee the design, including the advertising and awarding of the contract to the selected firm, and the County will reimburse the City for the engineering and permitting of the project up to $500,000, which is to be paid from Transportation Impact Fee funds. He indicated that this is one of the County’s Capital Improvement Projects from last year that is now moving forward and that staff was recommending approval of the request.
A brief discussion occurred regarding the $500,000 that the County will reimburse the City for the engineering and permitting of the project and the cost to construct the project, which is estimated to be between $8 million and $10 million.
Mr. Stivender was then questioned by Commr. Conner as to how the project was going to be paid for, to which Mr. Stivender replied that the County has not yet worked out all the details regarding that aspect of it, however, noted that there is currently not enough impact fees to pay for it. He indicated that there are certain construction aspects that are capacity related that could be justified through road impact fees, but other amenities, such as lighting, trees, etc., would have to be paid out of another fund - they could not be paid with road impact fees. He was questioned as to how much of the cost of the project would come from road impact fees, to which Mr. Stivender replied that it would probably be 75% to 80%. With regard to the timeframe involved for the County to expect to have the money that is needed to pay for the project, he remarked that, considering the current economic situation, the County would be doing good if it collected $1 million per year for the next five years, so it is estimated that it will take approximately 10 years to pay for it.
Mr. John Drury, City Administrator, City of Tavares, addressed the Board stating that the proposed project was begun approximately four years ago and, after a lot of public input, meetings, and discussion, it was viewed as one of the City’s number one priorities. He stated that he sees the project as a partnership between the City and the County and the Interlocal Agreement codifies that partnership. He remarked that he envisions the City participating financially in this project, however, noted that the exact cost will not be known, until it is designed and engineered, and the Board’s vote today will allow the City to do that and come up with some hard figures, so that they can have a shovel ready project, at which time they will be eligible for various grant and funding opportunities.
Mr. Stivender interjected that the request before the Board was just for approval of the design.
Commr. Renick informed the Board that, based upon the information given this date, she would like to have time to go back over the Interlocal Agreement again and discuss it with the County Attorney, before making a decision about it.
Mr. Drury commented that timing is an important factor, in that the City has quite a few grant applications in the works for this project for a significant amount of dollars, and that, while the project is ongoing, they would like to have the water and sewer and utilities upgraded. He stated that there is a $19 million grant application that looks very favorable and, if the project is designed and shovel ready, they can bring in additional funding to get it done fairly quickly. He commented that the City is looking forward to the County’s “business friendly” plan and would like to share it with the City Council, to see what portions of it would work for the City. He remarked that the request before the Board was for approval of the design and engineering of a road that has been in the works for four years, and the City feels it is a golden opportunity to move forward and get people back to work and get the economy going in Lake County. He commented that the City is getting a little frustrated about it, because they have been working for four years to get it moving forward.
Commr. Renick asked for assurance that, according to Item 3. - Construction Phase, on Page 3 of the Interlocal Agreement, the Board was not obligating construction dollars with approval of the Agreement, in that it states, “construction may proceed upon mutual agreement of the County and the City. Construction approval will depend on right of way being acquired and available funding in the Transportation Construction Program.”
The Board was assured that they were not obligating construction dollars with approval of the Interlocal Agreement – they were only approving for the design of the project to be done.
Commr. Conner stated that the construction cost for the project is so huge that he wondered if it would not be smarter to do a smaller project that the Board knows will be able to be completed. He stated that, if there is a level of assurance that the project is going to be done, he feels the Board could justify spending the money, but he does not want to see the County pay that much money to have the project engineered, if the road is not going to eventually be built.
Mr. Drury informed the Board that he is confident, if the project is done to the point of being shovel ready, it will get built, but whether the entire project gets done, or whether it is done in two phases, due to the cost involved, it will be based on the engineer’s report. He stated that the City will be looking for the engineer to be creative in the design of the project, so that it is (a) construction ready and (b) fundable, which may mean that it will have to be designed in two phases. He remarked that the Woodlea Sports Park is very important to the County and the City is spending a lot of money getting it going and will continue to do so, in partnership with the County, noting that the road to that sports park is a high priority for the City.
Mr. T. J. Fish, Executive Director of the Lake-Sumter Metropolitan Planning Organization (LSMPO), addressed the Board stating that the proposed project involves a regionally significant designated corridor and Woodlea Road has not made the LSMPO list. He stated that the future of doing projects in the Cities is going to require these types of agreements, and it is going to have to be a blending of funds, because impact fees will not allow the County or any City to complete a project. He stated that the County has some projects forthcoming with some of the other Cities, which he reviewed, so he was happy to see the proposed Interlocal Agreement come forward. He stated that the days of the County driving road projects is behind them, noting that the Cities will have to do it from now on.
Commr. Renick stated that the Board has to look at the big picture and, if the project is regionally significant and the County, the City, and the LSMPO are all on the same page, it gives her the level of comfort that she was looking for.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of an Interlocal Agreement between Lake County and the City of Tavares for the Design, Construction, and Maintenance of a Segment of Alfred Street - Commission District 3.
CORRECTIVE MAINTENANCE MAP FOR portion of NORTH GRASSY LAKE ROAD
Mr. Jim Stivender, Jr., Public Works Director, explained that this request addresses a Corrective Maintenance Map for a portion of North Grassy Lake Road that was approved several years ago, taking items that the County was maintaining off the map, eliminating anything that is beyond the edge of the pavement, noting that the comfort level with the District Commissioner was better suited with the proposed design and staff would like to move forward with it.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works to execute a Corrective Maintenance Map for a portion of North Grassy Lake Road (1944) - Commission District 2.
resolution supporting lake county tiger discretionary grant application for cr 48 improvements
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that approval of this request allows the County the opportunity to apply for a minimum $20 million Transportation Investment Generating Economic Recovery (TIGER) Grant. He noted that staff has put together a project that is associated with a portion of CR 48, which is already in the design phase, where the County has acquired some water retention areas, but they still have some right of way to acquire. He commented that staff looks forward to giving this project their best shot, and the reason they feel strongly about it is that it connects US 27, a four lane highway, to the Turnpike and parts north of it.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Resolution No. 2009-113, supporting the County’s Transportation Investment Generating Economic Recovery (TIGER) Discretionary Grant Application for CR 48 Improvements (from Royal Palm Drive to CR 33), for funding, in the amount of $24.6 million. The deadline for the application is September 15, 2009 - Commission District 3/Benefit District 4.
amendment to dead river road stormwater pond contract
Mr. Jim Stivender, Jr., Public Works Director, presented this request, stating that it is a request for approval of Amendment No. 2 to the Dead River Stormwater Pond Project, which is a $1.2 million project and involves approximately $9,000 for engineering services that were not originally in the contract. He stated that approval is needed, in order to certify the contract.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of Amendment No.2 to the Dead River Road Stormwater Pond Contract, in order for Professional Engineering Consultants (PEC), Inc. to do post design services for As-Built Certification, and to extend the contract from September 30, 2009 to September 30, 2010 - Commission District 3.
public hearings
court facilities surcharge ordinance
Mr. Sandy Minkoff, County Attorney, 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 9-12 OF THE LAKE COUNTY CODE; INCREASING THE SURCHARGE AUTHORIZED BY SECTION 318.18, FLORIDA STATUTES, FROM FIFTEEN (15) DOLLARS TO THIRTY (30) DOLLARS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Chairman closed the public hearing portion of the meeting.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2009-46, Amending Section 9-12 of the Lake County Code, entitled Court Facilities Surcharge, as presented.
landscape ordinance
The Chairman announced that he was not where he would like to be, with regard to the proposed Landscape Ordinance, therefore, asked that the reading of the title of the Ordinance be waived, at which time he opened the public hearing, noting that the intention of the Board was to postpone action regarding it until a later date.
No one present wished to address the Board.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved to postpone the Landscape Ordinance until a later date.
recess and reassembly
At this time, the Chairman announced that the Board would take a 15 minute recess.
PUBLIC HEARINGS (CONT’D.)
2010-2014 ROAD IMPACT FEE TRANSPORTATION CONSTRUCTION PROGRAM/2010-2014 GENERAL FUND – TRANSPORTATION CONSTRUCTION PROGRAM; AND 2010-2014 RENEWAL SALES TAX CAPITAL PROJECTS – ROAD TRANSPORTATION CONSTRUCTION PROGRAM
Mr. Jim Stivender, Jr., Public Works Director, informed the Board that this request pertained to the County’s Five Year Road Program, which has had some changes made to it over the last two to three years, a lot of it due to different funding sources and priorities, as well as the lack of funding sources. He noted that, between now and April 1, 2010, the County’s goal is to bid 21 projects, half of which are tied to stimulus funds and the other to federal dollars. He remarked that the estimated cost for said projects is $16.2 million and staff hopes to have those funds encumbered and on the street, with vendors ready to go within that timeframe, noting that most of the projects are for resurfacing, with the remainder of the projects being intersection improvements. He reviewed the proposed projects, indicating where the County is in the process, at which time he noted that there are not a lot of projects scheduled for the future, because there has not been much impact fee money set aside for them. He then answered questions from the Board regarding the proposed projects and made a few changes to the backup information about the Five Year Road Program, being that a Citrus Tower Boulevard/Steve’s Road Signalized Intersection, to be located between the school and the shopping center, was being added to Page 12; a signalized intersection, to be located at Old Hwy. 50 and Turkey Farm Road, which is going to be a temporary situation, was being added to Page 13, as well as the Hooks Street, Phase IV-A and B project. He indicated that the Lakeshore Drive C-1040 Bridge Project, which is a $2.9 million project, was being moved from Road Impact Fees Benefit District 5, on Page 14 of the Five Year Road Program, to Renewal Sales Tax Capital Projects – Roads, on Page 17; and that the figure contained on Page 16, for the SR 50 Corridor Study from CR 565 to SR 33 through the City of Groveland, needed to be changed from $500,000 to $900,000. He stated that, with regard to the Countywide Resurfacing Program, a lot of dollars are going to be put towards resurfacing the roads in the County - the most that has been put towards resurfacing projects in the history of the County, and, with regard to the Countywide Sidewalk and Trail Program, number one on the list is a sidewalk that is being proposed from Lost Lake to Greater Pines, and the County hopes to have a concept the first of the year on where it will be placed, noting that it is a sidewalk that will require right of way solely for the purpose of constructing the sidewalk.
Commr. Hill clarified the fact that the Board would be receiving a list of the Countywide Resurfacing Program from Public Works, for their perusal.
The Chairman opened the public hearing.
Mr. T. J. Fish, Executive Director, Lake-Sumter Metropolitan Planning Organization (LSMPO), addressed the Board and discussed some observations that he had about the County’s Five Year Road Program, noting that there are several projects that he is glad to see moving forward, in that the LSMPO is very interested in meeting their priorities, however, indicated that there are still some unmet priorities that the County needs to be aware of, with regard to said program. He stated that, economically, more revenue needs to be put into the road program, and he hopes that the work that Commr. Hill has been doing with the Impact Fee Advisory Committee will bear fruit at the Board level, as they are taking four of the options from the Transportation Alternative Funding Task Force and asking the consultants to look at those, so, hopefully, by this time next year, when the LSMPO is having to adopt a cost feasible plan, they will have a better picture of what revenue will be available to stabilize the program. He remarked that they would like to see Hartwood Marsh Road, as well as Hooks Street and Hancock Road, advanced to the degree that they need to be advanced and indicated that, in north Lake County, as the County is finishing up the CR 466 project, they still need to address CR 466A and Rolling Acres Road, in the Lady Lake and Fruitland Park areas, and, in Leesburg, CR 470 and CR 48 have been priorities, before there was even a LSMPO. He commented that he was glad to see the Five Year Road Program being adopted and applauded the fact it contained the project in Groveland, noting that it is an example of partnering, which is the only way that these types of projects can be done. He explained that the proposal by staff to fund that PD&E Study is going to alleviate some issues in Groveland and the LSMPO is hoping that they can get the project and partnership with the Florida Department of Transportation moving forward.
A motion was made by Commr. Hill and seconded by Commr. Renick to approve the 2010-2014 Road Impact Fee Transportation Construction Program; 2010-2014 General Fund - Transportation Construction Program; and 2010-2014 Renewal Sales Tax Capital Projects - Road Transportation Construction Program, as amended.
Under discussion, Commr. Conner noted some concerns he had about the possibility of the County losing $3 million that has been set aside by the Florida Department of Transportation (FDOT) in the 2011/12 Fiscal Year’s budget for the Hartwood Marsh Road Phase I Project, from US 27 to Hancock Road, and the fact that the County needs to act on it soon. He questioned whether the County was going to receive said funds and whether the timeline for the project was going to meet the guidelines that FDOT has set, in order to receive said funds.
Mr. Stivender responded that the County does not have any matching funds in the Five Year Road Program to move forward with that project.
Commr. Conner stated that there have been discussions at the LSMPO Meetings about said project and about the FDOT having $3 million allocated for a match for said road and that he was shocked that FDOT gave the County an additional year on it, noting that, if he was them, after having said funds allocated for so long, he would not be putting it into an account for Lake County, but would be putting it into an account for another county that is going to spend the money and construct the road. He stated that he feels, if the County does not commit to that project soon, they are going to lose that $3 million, and he does not want to lose it.
Mr. Dave Marsh, FDOT, District 5 Liaison, addressed the Board and briefly discussed the matter, indicating that the FDOT will hold on to said funds for a little while longer, however, encouraged the Board to act soon, noting that their concern is that, as time goes by, particularly with the fiscal constraints that everybody is currently under, he feels the Governor’s Office and/or the Transportation Commission might say that, since the County has not used said funds, they are going to use them instead. He stated that the FDOT’s District 5 staff has worked with the County and the City of Clermont on the application for said funds and they have no intention of taking the funds back, but they are concerned that the County might lose the funds, and the District will have no say in it, if that happens. He suggested that, within the next few months to a year, if the County still believes there is a question as to whether or not they will be able to match the funding to do the proposed project, perhaps the FDOT staff and county staff should meet and talk about some alternatives for how to best put that money to use. He feels that is the best that can be done, given the situation that the County is currently in.
Commr. Renick stated that she feels very strongly about the Hartwood Marsh Road Project; however, she does not want it to gather momentum and have the Hooks Street Project get lost, noting that, in terms of SR 50, it has got to be done. She remarked that, if there is any way that some different funding can be looked at, she would really appreciate it.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
REPORTS – COUNTY ATTORNEY
impact fees
Mr. Sandy Minkoff, County Attorney, informed the Board that he asked that this item, involving an impact fee issue, be added to the Agenda for discussion and approval, explaining that, when general commercial shopping centers are built, often times impact fees are assigned to them at general commercial rates and then, as tenants come into the shopping centers, if their impact fees are greater than that, they pay the additional impact fees. He stated that this request involves a small strip center off of SR 50, where the landlord would like to move one of his tenants to another building in the complex, so that he can rent the larger space to another tenant, but, under the County’s rules, the current tenant would have to pay impact fees again when he moved to the new space and the new tenant would be able to take advantage of the impact fees that had already been paid on the old space. He recommended that the Board allow the current tenant to move and have the impact fees that he has already paid move with him to his new space and then, when the new tenant comes into the complex, he will pay whatever impact fees there are over and above the general commercial rate, which will allow the current tenant to stay in business and allow the landlord to rent the larger space to a new tenant.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved the County Attorney’s recommendation.
interlocal service boundary agreement resolution
The County Attorney stated that he pulled this request, Tab 14, a request for approval of responding Resolution No. 2009-114 to the Town of Montverde's Resolution No. 2009-30, Initiating the Process Specified in Section 171.203 of the Florida Statues, to Negotiate an Interlocal Service Boundary Agreement, from his Consent Agenda and asked that it be put under his Reports, to allow for discussion regarding it, noting that the Town of Montverde has started the Interlocal Service Boundary Agreement process and both the Cities of Clermont and Minneola have responded that they would like to be part of the process and approval of the proposed Resolution would be the County’s response that it would like to be part of the process, as well. He stated that it is strongly recommended that elected officials do the negotiations, but that only one or two Commissioners at most attend the meetings. He commented that it is a difficult situation, noting that the property in question is in one Commissioner’s District, but involves two cities in a second Commissioner’s District. He indicated that all the meetings will be public meetings and staff plans to bring a list of issues that they feel the Commissioners will want to discuss and the Commissioners will go over them and add or delete any issues they feel need to be added or deleted.
Commr. Conner stated that he felt having one Liaison Commissioner would work and that, since the property is in both his and Commr. Renick’s districts, he would be happy for her to be that Liaison Commissioner and attend the meetings and be a part of the discussions, should she choose to do so.
Commr. Renick interjected that she wanted to be involved in the discussions, but thought that Commr. Conner would want to be involved in them, as well.
Commr. Conner remarked that he did not feel it was a good idea for two Commissioners to meet like that, to which Commr. Renick responded that the meetings will be public meetings, just as the Board Meetings are.
Commr. Cadwell suggested that Commr. Renick serve as the Liaison Commissioner and then Commr. Conner could attend any of the meetings that he would like to and that way his district would be represented.
Commr. Conner stated that he was familiar with the issue and felt that the objectives of Commr. Renick, as well as himself, and what they were trying to accomplish were very similar, therefore, felt that Commr. Cadwell’s suggestion was a good one.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval of responding Resolution No. 2009-114 to the Town of Montverde's Resolution No. 2009-30, Initiating the Process Specified in Section 171.203 of the Florida Statues, to Negotiate an Interlocal Service Boundary Agreement - Commission District 3, as presented.
It was the consensus of the Board that Commr. Renick represent them during the negotiation process of the Interlocal Service Boundary Agreement with the Town of Montverde and any other interested municipality or special district that wishes to participate.
REPORTS – COUNTY MANAGER
follow-up to budget workshop
Ms. Cindy Hall, County Manager, distributed a handout of follow-up information from the Budget Workshops that were held on August 11th and 12th, which contained the following, compiled from her notes from those meetings:
1. Fund Conservation position in Soil and Water. Delete position vacated from recent retiree in Code Enforcement.
2. Environmental Utilities: Schedule presentation on recycling opportunities and discuss programs with cities.
3. Library Services: (A) consider internships and volunteers, where feasible; and (B) distribute information on utilization by day and cost of reinstating hours of operation. Memo is complete and will be distributed.
4. Include tournament information and parks and tourism events on website. Complete.
5. Provide information on overtime reduction, compared to hiring 12 new firefighters.
6. Increase funding by $5,000 each for Haven of Lake and Sumter Counties, SAVE Kids, and Lake Children’s Dentistry School Sealant Expansion Program.
7. Fund LASER at same level as current year: $51,800.
8. Decrease payment to Metro Orlando Economic Development Commission to $288,379. Include $4,000 for sponsorship of Leesburg Chamber of Commerce Business Expo. Shift remaining savings ($7,621) to marketing in Economic Growth and Redevelopment.
9. Develop options for furlough days, other than closing the County buildings.
10. Discontinue Historic Museum Budget. Dissolve Historical Museum Advisory Committee. Place displays and artifacts in other County buildings. Return any items on display that were donated specifically for the current location at the donor’s request. Renew agreement with Historical Society to pay them $20,000 and to give them some responsibility for the historic displays.
11. Recruit for Parks Maintenance Position.
12. Transfer $5,000,000 from the Judicial Center project to General Fund reserves. Identify money available for the Judicial Center, with an option of using the Infrastructure Sales Tax revenue.
13. Sunset the Public Land Acquisition Advisory Council when the management plans currently under development are completed.
14. Discontinue stipends for advisory board members.
15. Fund the following from General Fund reserves.
$ 20,000 – approximate additional funds for Conservation position
$ 20,000 – approximate funds to shift some personnel costs from grant funded to General Funds, for the Community Services Department.
$ 10,000 – Children’s Services Grants increase.
$ 51,800 – LASER
$ 20,000 – Historical Society
$122,800 – Total
Commr. Hill questioned whether No. 12 meant that the County would be keeping the Judicial Center at the same level with other funding options and not reducing the project further, to which Commr. Cadwell stated that he felt, at the end of the day, there may be a reduction in the project. She questioned whether it meant that $5 million was going to be taken out of the funding.
Commr. Renick interjected that it was her understanding that the motion that was made by the Board was that $35 to 47 million was going to go towards the Judicial Center project, but that the Board had not yet established a budget for it.
The County Manager informed the Board that, when they got to Item No. 5 on her list (Judicial Center funding options), they would have an opportunity to pinpoint what they would like the budget for the Judicial Center project to be.
Commr. Conner indicated that he felt it would depend on what the architects bring back to the Board, noting that they may bring back a $45 million project and say that the way the facility is designed they will need the extra $5 million, and the County may not pay it out of Reserves, but may do some kind of financing involving it.
Commr. Renick stated that the direction the Board gave staff was to leave $5 million in Reserves and, if the Board decided that it was a big enough advantage that the County would need to come up with a little extra money, they would take it from somewhere, but not on the back of the Reserves account.
Commr. Hill questioned whether she was hearing that the Board was automatically reducing the dollars available for that project by $5 million, but was informed by Commr. Cadwell that that was not the case – that the Board was saying, if another project comes back and it can be justified why the County needs to spend some additional money, the Board will have to make a decision about where they will get that money, but they will not get it from Reserves, unless they change their minds.
Commr. Conner interjected that the County is going to need all the Reserves they can build up between now and next year.
Discussion occurred regarding the various items contained in the handout that was distributed by the County Manager, at which time Commr. Conner stated that he appreciated the fact that the Board funded the things that he asked for and that Commr. Cadwell’s requests were honored, noting that the Board accomplished some things in the budget, but it is what the Board did not accomplish during the budget process that bothers him the most. He distributed, for the Board’s perusal, an article that he saw on the Internet indicating that Florida’s population has dropped for the first time since 1946, which means that revenues are down, and questioned what the Board has done this year to prepare for $10 to 15 million shortfalls next year. He informed them that he took the initiative on May 4th of this year to send a very detailed memorandum to the County Manager, containing some suggestions for the FY 2009/2010 Budget, which he distributed to the Board, remarking that, until some of the other Commissioners agree with him, she is free to ignore any suggestion he gives her. He stated that there are several areas that the County, as an organization, needs to do better in, remarking that the County is downsizing its organization significantly and the primary way they are doing it is through attrition and that he had suggested to her that, rather than downsize through attrition, they should identify which positions are of a higher priority to the County and which ones are not, so that, if people see they are in a position that is not one of a higher priority and they see another job opportunity, it will give them an advanced notice, rather than the County cutting someone’s position immediately, which is not the most desirable way of doing it. He stated that, in terms of forecasting the future, he feels the County is in for a series of years of declining revenue, and he feels the furlough program hurts the lower paid employees more than it does the higher paid employees, because the higher paid employees can better afford to lose the percent that they will be losing, rather than those employees who are living paycheck to paycheck and having a tough time paying their bills. He remarked that he feels the County has gone through the budget and patched the holes, but what they really need is a smaller vessel that does not have holes in it and can sail for a long time. He stated that he feels the County is going to be facing the same thing this time next year and questioned what the Board has done to prepare for next year, noting that he thinks there is so much more that can be done.
Commr. Renick stated that she was disappointed to see that this year’s budget was just a budget to try to get the County through the next two years, noting that she feels they need to think long term about what they are going to be as a county government and how they are going to pare things down. She feels there is an attitude that somehow the Board is just trying to weather the really bad storm over the next two years, instead of looking at doing things differently from now on and at county government being smaller. She stated that she shares the same concerns that Commr. Conner has, in that she does not feel it is just a two year problem either.
Commr. Stewart interjected that, obviously, everyone is concerned about the future and questioned why, if they all have these concerns, the specifics have not been brought forward and discussed and why the Board is not taking action on them. She stated that she keeps hearing what the Board should do and suggested that the issues be brought forward so that the Board can act on them.
Commr. Renick responded that this year is a good start in that direction, but she feels the County Manager needs to look at making some permanent changes and not just wait until the County can put everything back the way that it was before. She stated that she feels, as a Board, they need to sit down and talk about what their priorities are going to be, overall.
Commr. Stewart concurred, indicating that that was exactly the point that she was trying to make, noting that the Board has portrayed the idea that things have to change and now may be the time to have the workshop that Commr. Renick alluded to and start changing some things.
Commr. Renick stated that there is a lot of work ahead for the Board – that they have got to have some hard discussions about what their priorities are going to be and how the County can truly streamline things.
Commr. Hill commented that Commr. Conner says he wants less government and less spending and does not want to do things the way they have been done in the past and then he submits a list to the County Manager adding those things back on. She stated that, in order to do less, the County has got to spend less, they cannot add things back on the list and they cannot tell the County Manager that they want her to spend less and change how things are being done and then come to the meetings and tell her to put things back on the list.
Commr. Cadwell interjected that he considers adjustments that have been made in some of the programs prioritizing.
Commr. Conner stated that the Board cut $5 million out of a capital project and the total of things that have been added back on is $122,000, which were existing programs, so it is not like the Board added anything new to the list – it is just that they kept some programs. He agreed with Commr. Cadwell that it is about priorities and that he feels the priorities that the Board added back in the budget are priorities that are reflective of what the community wants. He indicated that he did not feel it was hypocritical for the County to keep vital programs, while they are downsizing, noting that the Board has a right to prioritize. He reminded the Board that, when they got through going over the budget, the County had $5 million more in Reserves than what the County Manager presented to them, so he did not agree with Commr. Hill that the County spent more money, when there was $5 million more in Reserves than what they expected to have in it.
Commr. Hill replied that that $5 million was earmarked and has been for years, noting that the Judicial Center has been a priority for a good five to ten years, and the Board has known that it was coming up and was to be done. She stated that the Board is not saving $5 million; they just are not going to be spending it on what they are supposed to be spending it on. She noted that, just because the Board did not get a lot of emails on the Judicial Center, it does not mean that it is not a priority for the County.
Commr. Stewart interjected that she does not feel the County has gotten a fair shake, because they have laid people off and have done more than attrition. She commended all the departments for making the cuts they have made, noting that it was not easy and that they deserve a lot more credit than what they have been given.
The Chairman informed the Board that he would get with the County Manager and set aside some time for a workshop, at which time they will have some additional budget discussions – mainly involving long range issues.
Ms. Hall continued to review her handout, at which time discussion occurred regarding same and decisions were made regarding it.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda a request for approval of the Staffing for Adequate Fire and Emergency Response (SAFER) Grant.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request for approval of the Staffing for Adequate Fire and Emergency Response (SAFER) Grant, as presented.
It was the consensus of the Board that Option 1 of the Furlough Plan for FY 2009/2010 be implemented, where county offices will be closed on December 24th and 31st, and those days will be unpaid for the employees. It was noted that employees must take an additional 10 furlough days during the year. Due to the policy regarding same needing to be tweaked a little, the revised policy is to be brought back to the Board at a later date, for approval.
It was the consensus of the Board that the figure to be given to the consultants for them to work towards, regarding the Judicial Center Expansion Project, is $34 to 47 million.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to place on the Agenda a request from the County Manager that she be authorized to fill some positions that are currently vacant from internal candidates, as listed in the backup information that was presented to the Board.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board authorized the County Manager to fill the following positions from internal candidates:
a. Public Resources Department Director
b. Library Services Division Director
c. Community Services Department Director
d. Programming and Application Support Division Director
At this time, the County Manager, informed the Board that the consultants that were hired for the Energy Efficiency and Conservation Strategy will be holding their first meeting with staff on August 24th and, since there is a tight timeframe involved with that project, the County needs to move forward with it as soon as possible. She noted that they have asked for Board representation.
It was the consensus of the Board that the County Manager be the Board’s representative at said meetings and that she report her findings back to the Board, at which time they will give her direction regarding same.
ADDENDUM NO. 1
REPORTS - COUNTY MANAGER (CONT’D.)
Energy Efficiency and Conservation Strategy (EECS)
The County Manager stated that this was a request for approval of an Interlocal Agreement with Sumter County and the Lake-Sumter Metropolitan Planning Organization (LSMPO) that also has to do with the County’s Energy Efficiency and Conservation Strategy process, which gives the LSMPO responsibility for providing intergovernmental coordination and public outreach to Lake County, to ensure the resultant EECS’ are regional.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously, by a 5-0 vote, the Board approved a request for approval of an Interlocal Agreement between Sumter County, Lake County, and the Lake-Sumter Metropolitan Planning Organization (LSMPO), forming a partnership to create an Energy Efficiency and Conservation Strategy (EECS) for each county.
CERTIFICATE OF participation in FY 2009/2010 edward byrne grant program
The County Manager explained that this request was for authorization for the Chairman to sign letters of support approving the distribution of funds among local jurisdictions applying for funding for the Edward Byrne Grant Program for FY 2009/2010.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request for approval of distribution of funds among local jurisdictions applying for funding and the signature of the Chairman on the original letters of support.
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
FAMILY DAY PROCLAMATION
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2009-115, declaring September 28, 2009 as “Family Day – A Day to Eat Dinner with your Children”.
fifth supplemental indenture of trust relating to covanta lake ii, inc. project
Commr. Hill thanked staff for putting together the information dealing with the Fifth Supplemental Indenture of Trust, relating to the County’s outstanding Resource Recovery Industrial Development Refunding Revenue Bonds (Covanta Lake II, Inc. Project), under Tab 15, as well as the financial advisors, for doing an analysis, enabling it to be presented to the Board for approval before the next budget year.
court facilities surcharge ordinance
Commr. Hill thanked the County Attorney’s Office for bringing the Court Facilities Surcharge Ordinance back before the Board for approval in a timely fashion, noting that she feels it, as well as the Fifth Supplemental Indenture of Trust relating to the Covanta Lake II, Inc. Project, will help the County in the coming years.
REPORTS – COMMISSIONER renick – DISTRICT 2
newspaper article about tax collector’s office
Commr. Renick referred to an article that was on the front page of a local newspaper about the Tax Collector’s Office saving the County money, by moving their furniture and office equipment from their old office to their new office, located across the street from the Administration Building, noting that she wanted to thank them for doing that and saving the County money.
reports – commissioner conner – district 3
constitution week proclamation
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved Proclamation No. 2009-116, declaring September 17-23, 2009, as Constitution Week.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
district 5 medical examiner’s contract
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the contract between the District 5 Medical Examiner’s Committee and Dr. Barbara Wolf, for Medical Examiner Services.
county manager and county attorney’s evaluations
Commr. Cadwell noted that the evaluations for the County Manager and the County Attorney had been handed out to the Board and asked that they be completed and turned in to staff within a two week period, so that they can be put on an upcoming Agenda.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Ralph Smith, the owner of Lake Tire and Auto in Tavares, addressed the Board regarding the issue of tires that are purchased for county vehicles, noting that he sells tires to the County, as well as to various other entities in the County, at which time he compared what they have paid for tires for the County’s vehicles, versus what they could have paid, saving money for the County and that he suspects, if they have a problem in this area, they might have a problem in other areas, too. He encouraged the Board to continue with the issues that they are addressing with the Procurement Services Director and further refine it and, if they can, to try to develop a culture where there is ownership by the County employees that are making the decisions, noting that, in the coming months and years, they are going to be faced with making more tough decisions, like they have had to make this year, if they do not continue in that vein and accelerate it as much as possible, in that the issue is bigger than just purchasing tires. He distributed, for the Board’s perusal, a handout containing information and a website about tires, which he noted would help them make better decisions about which tires should be purchased for the County’s vehicles in the future.
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Mr. John Pospisil, a local resident, addressed the Board about the issue of cell towers and how unsightly they are, displaying photographs of various buildings and structures that contain cell towers that are camouflaged, rather than being an eyesore, noting that the County is making it too easy for cell phone companies to erect cell towers that are eye sores, so there are not many that are camouflaged. He stated that, unfortunately, a hole exists in the County’s zoning regulations, when it comes to cell towers, noting that they specifically state that the intent is to focus on existing uses, so the County is not doing very much to protect future land uses. He stated that there are quite a few alternatives to cell towers and some much more attractive, but, because the County is making it too easy for the cell phone companies to erect cell towers, there are not many attractive ones in the County. He stated that the technology has changed quite a bit, since the regulations governing cell towers was put in place, and many experts think that the Country is going to need to double the number of cell towers in the next ten years, so the problem is not going to go away, but is going to get bigger. He commented that aesthetic standards for cell towers have changed considerably and, as of June 29th of this year, there is what amounts to a federally approved model ordinance that is far, far more strict than what the County has in place, so his purpose this date is to ask the Board to get the ball rolling to review the County’s regulations, with the idea of having them either revised, or completely rewritten.
Commr. Renick stated that it sounded like an excellent idea and questioned whether it was something that the County had in the works, to which Ms. Amye King, Growth Management Director, responded that the County does not currently have it in the works, but that it is something that staff is planning to do with the overall update to the County’s Land Development Regulations, after the Comprehensive Plan is adopted, noting that staff agrees it is a good idea.
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Ms. Patricia Sullivan, one of the organizers of the North Lake TEA Party, addressed the Board stating that she appreciates the fact that the County has provided an office for Congressman Alan Grayson and that, during the Congressional recess, she would like for the residents of the County to be afforded an opportunity to communicate and interact with him, as has been done in other counties, and would ask that the Board publicly invite him to make himself available to the Lake County residents in a forum type setting.
Commr. Conner stated that what is going on in Washington, D.C. at the present time is going to fundamentally change the Country, if it is approved, and he feels Congressman Grayson should hold a public hearing in Lake County, because the County’s residents are a part of his constituency and deserve to be heard. He stated that he feels the Board should take Ms. Sullivan up on her offer and extend an invitation to Congressman Grayson to use the Commission Chambers to hold a forum with the citizens of Lake County, noting that it might be a good way for the Board to let him know that they would like for the County’s citizens to be heard.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:20 p.m.
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welton g. cadwell chairman
ATTEST:
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NEIL KELLY, CLERK