A REGULAR MEETING OF THE BOARD OF
october 20, 2009
The Lake County Board of
Mr. Ken Harley, Public Transportation Director, gave the Invocation and led the Pledge of Allegiance.
There were no changes to the Agenda.
On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 15, 2009 (Regular Meeting) as presented.
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.
Notice of Arlington Ridge CDD Meetings for FY 2010
Request to acknowledge notice of Arlington Ridge Community Development District’s meetings for Fiscal Year 2010 at 2:00 p.m. at the Fairfax Hall, 4475 Arlington Ridge Boulevard, Leesburg, Florida 34748 on the following dates:
October 20, 2009
December 15, 2009
February 16, 2010
April 20, 2010
June 15, 2010
August 17, 2010
Resolution Identifying FY 2010 Meeting Schedule for Greater Lakes/Sawgrass Bay CDD
Request to acknowledge receipt of Resolution No. 2009-07 identifying the Fiscal Year 2009/2010 meeting schedule for the Greater Lakes/Sawgrass Bay Community Development District, per Chapter 190, Florida Statutes.
November 24, 2009
March 23, 2010
May 18, 2010
August 24, 2010
All meetings will convene at 11:30 a.m. at the Marion Baysinger Memorial Liberty, located at 756 W. Broad Street, Groveland, FL 34736.
Resolution Identifying FY 2010 Meeting Schedule for Cascades at Groveland CDD
Request to acknowledge receipt of Resolution No. 2009-06 identifying the Fiscal Year 2009/2010 meeting schedule for the Cascades at Groveland Community Development District, per Chapter 190, Florida Statutes.
October 21, 2009
November 18, 2009
December 16, 2009
January 20, 2010
February 17, 2010
March 17, 2010
April 21, 2010
May 19, 2010
June 16, 2010
July 21, 2010
August 18, 2010
September 15, 2010
All meetings will convene at 2:00 p.m. at the Marion Baysinger Memorial Liberty, located at 756 W. Broad Street, Groveland, FL 34736.
Notice of Deer Island CDD Board of Supervisors Meetings
Request to acknowledge receipt of Notice of Deer Island Community Development District Board of Supervisors meetings for Fiscal Year 2010 on November 16, 2009; May 17, 2010; and August 16, 2010 at 6:00 p.m. at the Clubhouse, 18000 Eagles Way, Deer Island, Florida, in accordance with Chapter 189 Florida Statutes.
The Public Hearings are to be held in the Town Hall Commission Chambers, 409 Fennell Boulevard, Lady Lake, Florida.
Notice of Proposed Tax Increment Revenue Bonds
Request to acknowledge receipt of Notice of Proposed Tax Increment Revenue Bonds of the Community Redevelopment Agency for the U.S. Highway 441 and 27 Area (Leesburg), in accordance with Section 163.346 Florida Statutes. The meeting of the City Commission will be held on October 12, 2009 at 5:30 p.m. or as soon thereafter, and the meeting of the Agency will be held on October 12, 2009 at 5:15 p.m. in the City Commission Chambers, 501 West Meadow Street, Leesburg.
St. Johns River Water Management District’s FY 2009/10 Budget
Request to acknowledge receipt of St. Johns River Water Management District's Fiscal Year 2009-2010 budget in Brief, pursuant to s. 373.536 (6)(a)(1), Florida Statutes.
Annual Meeting Schedule for Pine Island CDD for FY 2010
Request to acknowledge receipt of annual meeting schedule for the Pine Island Community Development District for Fiscal Year 2010, in accordance with chapter 189.417, Florida Statutes.
Annual Meeting Schedule for Central Lake CDD for FY 2010
Request to acknowledge receipt of annual meeting schedule for the Central Lake Community Development District for Fiscal Year 2010, in accordance with chapter 189.417, Florida Statutes.
Annual Meeting Schedule for Founders Ridge CDD for FY 2010
Request to acknowledge receipt of annual meeting schedule for the Founders Ridge Community Development District for Fiscal Year 2010, in accordance with chapter 189.417, Florida Statutes.
Notice of Country Club of Mount Dora CDD Meetings for FY 2010
Request to acknowledge receipt of notice of Country Club of Mount Dora Community Development District’s meetings for Fiscal Year 2010 at 8:30 a.m. at the Country Club of Mount Dora Community Center, 1400 Country Club Boulevard, Mount Dora, FL on the second Thursday of each months; specific dates as follows:
November 5, 2009
February 4, 2010
COUNTY MANAGER’S CONSENT AGENDA
Commr. Conner wanted to mention on the record that they were spending money to put local vendors on Tabs 11 and 12.
Commr. Renick wanted to recuse herself on Tab 22, even though she did not think there was technically a conflict, but she felt that there might be the appearance of one, because Dewitt Excavating was going to be putting in a lane on their property.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 21, as follows:
Request for approval of Check Request (Direct Pay) for Florida Association of Counties membership dues.
Request for approval of adjustment to the Fiscal Year 2008-09 administrative fee assessed against the Building Services Fund to reflect a percent of the revised budget instead of the adopted budget.
Request for approval of annual grant funding for six (6) organizations who have submitted applications for 2009-2010 County funds through the Human Services Grant Request for Proposal process; request authorization for signatures on subsequent agreements contingent upon County Attorney approval; request authorization to encumber and expend funds.
Request for approval of the Fourth Annual “Stuff the Bus” Food Drive.
Request for approval to transfer funds from Employee Services and Quality Improvement to Community Services.
Request to approve and authorize the Chairman of the Board of County Commissioners to sign the contract between Lake County and LifeStream Behavioral Center, Inc. to provide community alcohol and mental health services and programs to the citizens of Lake County.
Request for approval of the Third Amendment to the FY 2007-08 Community Development Block Grant Partnership Agreement between Lake County and the City of Tavares and authorize the Chairman to sign the Amendment.
Request for approval to 1) declare the items on the attached list surplus to County needs, (2) authorize the removal of all items on the attached list from the County's official fixed asset inventory system records, and (3) authorize the Procurement Services Director or designee to sign vehicle titles.
Request for approval of the use of Florida Sheriff's contract 09/10-04-0120 for the "as-required, when-required" purchase of tires for County vehicles.
Request to approve and execute a contract with Progressive Services, LLC. to provide water heater replacement at the Detention Center. The cost of this contract is not to exceed $86,815.94. Commission District 3.
Request for approval and execution of the Memorandum of Agreement for Participating Orlando Urban Areas Securities Initiative (UASI) Agencies by the Lake County Board of County Commissioners; and appointment of the Lake County Emergency Management Director as the primary representative for Lake County to the UASI Working Group.
Request for approval and execution of Modification #1 between the State of Florida, Division of Fire Rescue and Lake County, Board of County Commissioners, to reinstate the original Agreement, extend the expiration date, and increase funds.
Request for approval and execution of Modification #2 between the State of Florida, Division of Fire Rescue and Lake County, Board of County Commissioners, to reinstate the original Agreement, extend the expiration date, and increase funds.
Request for approval and execution of the Emergency Management Preparedness and Assistance (EMPA) Trust Fund Base Grant Agreement with the State of Florida, Division of Emergency Management.
Request for approval and authorization for Chairman to execute Amendment to Frequency Reconfiguration Agreement as negotiated and approve the Funding Resolution No. 2009-151 to authorize the appropriation and expenditure of unanticipated revenue.
Request for approval of LAP Agreement and supporting Resolution No. 2009-152 between Lake County and the Florida Department of Transportation (FDOT) for construction of intersection improvements on Mt. Homer Road at David Walker Drive. FPN # 423967-58-0. Commission Districts 3 and 4.
Request for approval of the Amendment to Traffic Signal Maintenance Agreement.
Request for approval of Orange County's request for Lake County to provide 25% match totaling $6,000 towards the cleaning of John's Lake Outfall, and approve transfer of funds from Stormwater reserves to the 810 account, Aids to Other Government Agencies. Commission District 2.
Request for authorization to execute change order #2 to the Hollondel Road Regional Stormwater Pond Project No. 2009-05, Bid No. 09-0023, to WLW Construction Inc., in the amount of $29,602.00 and transfer funds from Reserve for Operation to Infrastructure – Construction Lake Harris/Hollondel Project. Commission District 3.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Tab 22 on the County Manager’s Consent Agenda for approval and signature of Resolution No. 2009-153 to Advertise Public Hearing for Vacation Petition No. 1140 - Theodore D. Dewitt, request to vacate an unnamed right of way, in the Plat of Lake Highlands (PB2, Page 28), located in Section 28, Township 22S, Range 26E, in the Clermont area. Commission District 2.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 23 through 25 as follows:
Request for approval to reappoint Will Walker as Lake County’s Citizen Representative to the Value Adjustment Board for 2009.
Request for approval of Settlement Agreement and approval of Satisfaction and Release of Lien - Lake County v. Boys Ranch. Commission District 2.
Request for approval of Release of Property located in Section 7, Township 21 South, Range 26 East, from Code Enforcement Lien. Commission District 3.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
economic growth and redevelopment
high value job creation program award to first green bank
Commr. Conner stated that he needed to declare a conflict of interest because of a business relationship regarding Tab 26.
Ms. Dottie Keedy, Director of Economic Growth and Redevelopment, explained that this was to award a High Value Job Creation (HVJC) incentive to First Green Bank in Eustis. She stated that First Green Bank was expanding and creating nine full-time jobs that qualify for the HVJC Award, which means that they would pay a minimum of 115 percent of the average annual wage. She reported that they have purchased the site and were investing $2 million in the construction and $325 million in new equipment, and the award would be $20,000 for the nine new positions.
Mr. Paul Roundtree, President of First Green Bank, mentioned that there was an error in the application, which was that the amount for the equipment should have been $325,000 rather than $325 million, and they were going to relocate some of the existing equipment that they already have in Eustis.
Commr. Hill asked that under their criteria for this program, whether they were doing the gardening type concept of bringing environmentally green companies to the County or whether just their bank was being environmentally-friendly.
Mr. Roundtree answered that they try to provide an incentive for existing companies that bring projects to them to turn green and get LEED certified. He pointed out that their building would be the second LEED Platinum and the first in the state, and he hoped the influence from that would help spur other associates and business partners to do the same.
Commr. Hill stated that she had some reservations about whether she wanted to invest tax-dollar money into a banking business right now.
Commr. Cadwell commented that community banks were strong at this time.
Ms. Keedy related that she would consider this a business services targeted industry, because it was a business that provides services to other businesses so that they can create jobs.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried by a vote of 4-0, with Commr. Conner abstaining, the Board approved Tab 26, the request from Community Services for approval to award a High Value Job Creation (HVJC) Program Award in the amount of $20,000.00 to First Green Bank for the creation of nine (9) qualifying positions and approval and signature on the HVJC Program Agreement with First Green Bank and the Lake County Board of County Commissioners.
award for construction engineering and inspection to psi
Mr. Minkoff explained that they were going to have the departments for some of the Procurement items that were department specific present them to the Board, since they were more knowledgeable and involved in the choice.
Mr. Jim Stivender, Public Works Director, stated that the stimulus money started to come in almost one year ago, and the last of the ten projects were approved by the federal government on October 8. He reported that their pre-bid was on Thursday, October 22, and they planned to be awarding jobs by December 1. He related that construction should start on all projects by the first of the year and be done by May. He explained that this item was an RSQ for construction inspection services to manage a construction information form that was about ten times more than what they normally put out to check things such as making sure the employees of the contractor and subcontractor were being paid properly and making sure everyone involved in the project were properly houred and salaried. He recommended approval to move forward with PSI in the amount of $431,150 to provide that service to the County.
Commr. Cadwell commented that he is glad they were going in that direction, because the federal government was serious about spending the money correctly or paying it back.
Mr. Stivender responded that it was a grant, but that they have to prove that they have done everything by the law before they get it.
Mr. Minkoff pointed out that if the bids came in correctly, they would be able to pay for all the service out of the federal funds.
Mr. Stivender noted that the bids were looking very favorable, so they were looking at that.
Commr. Cadwell also opined that the makeup of the selection committee made sense.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved Tab 27, the request from Procurement to award RSQ 09-0038, Construction Engineering and Inspection Services for Economic Stimulus Plan Transportation Projects to PSI in the amount of $431,150.00.
amended fy 2009-10 budget to re-budget unspent funds
Mr. Doug Krueger, Budget Director, explained that they were asking approval to amend the FY 2009-10 budget to reflect project carry-overs from the prior fiscal year in the total amount of $20.3 million, $13 million of that from the operating budget and $7 in the capital projects internal service funds. He reported that the general fund carry-over is about $2.8 million for the BCC warehouse project and alcohol and drug abuse traffic education in Lake Gem and Marsh Park. He stated that on the list of the remaining adjustments for public transportation projects was $120,000 for fare boxes, but that money would be held in reserve instead of spent to reallocate to other capital equipment to be determined at a later date, and they would ask the Board to re-appropriate that from last fiscal year. He related that the landfill projects were primarily the leachate tank replacement and the scale house renovations, and other projects included the bathroom at North Lake Community Park, the Sheriff’s substation, and South Lake Community Park. He requested approval of the amended budget.
Commr. Renick commented that although she understood that this was a cleaner and simpler way to do it, but she would like to have this discussion in the future earlier during budget time when people would expect them to be discussing budget issues.
Commr. Cadwell stated that he and Mr. Minkoff had a recent discussion about a better way to do this.
Commr. Stewart agreed that it should be clear to the public also.
Mr. Minkoff commented that he concurred with that approach as well and believed that was a better way to do it.
Commr. Conner also stated that he agreed with Commr. Renick’s comments.
Hill suggested color coding some of the items so that they know they have been pre-approved, but they have not been acted on.
Mr. Krueger stated that they could probably isolate them in the budget document and indicate which projects are new versus carry-over projects. However, since they will be estimates, they would probably have to make adjustments after the budget was adopted to reflect the actual carry-overs that occur once the fiscal year was closed out.
The Chairman opened the public hearing.
Mr. Vance Jochim, a resident of Tavares, pointed out that news articles are stating that there was a one-year federal budget deficit of over $1 trillion and that unemployment has gone up over 11 percent in this county. He explained that since the federal government is spending more than they have in income, they are printing money, which would cause inflation in the future. He suggested that the Board have a workshop on the impact of inflation, which would greatly affect some of the County’s costs like highways, utilities, and materials.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 28, the amended FY 2009-10 Budget to re-budget unspent project and grant funds from FY 2008-09, and to also appropriate revenues and expenditures associated with the intra-county postage and cell phone billings for the new Administrative Services Fund and Resolution No. 2009-154.
REPORTS – COUNTY manager
future workshop dates
Mr. Minkoff stated that there was an intensive workshop set for November 10 which involves a lot of Growth Management issues as well as the County Manager search. He added that in December he and Mr. Krueger were planning to utilize the workshop day as a financial information day to bring back to the Board where they were going in this year’s as well as the next year’s budget. He was planning tentatively to hold it offsite, perhaps at the meeting room at the new Clermont library.
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
impact fee committee meeting
Commr. Hill mentioned that they had the Impact Fee Committee meeting, and they approved the consultant. She stated that they would be bringing that forward to the Board along with all the other impact fee information at a later date. She also stated that she appreciated everyone that came out for the Economic Development event at Mission Inn, and that it turned out very well.
space needs of constitutional officers
Commr. Hill stated that there were various constitutional officers that had space needs, and she asked if the Commissioners would refer them to the County Manager when approached by one of the constitutional officers regarding that, since space needs changed and were addressed on a regular basis.
Mr. Minkoff mentioned that he met with Mr. Neil Kelly, Clerk of Court, and he was hoping to bring the Board back a report on the space issue at a November meeting.
reports – commissioner renick – district 2
myregion.org water strategy meeting
Commr. Renick reported that myregion.org was getting all the counties in the region together to discuss water strategy, and each county was being asked to hold a water stakeholders meeting, which would be similar to when they did “How Shall We Grow.” She specified that Lake County was holding the meeting on November 4 from 10:00 a.m. to 12:00 p.m. at Lake Sumter Community College. She added that the Congress of Regional Leaders was hosting that, and she hoped that the all the Commissioners would attend.
Mr. Minkoff informed the Board that they would advertise that meeting, so they can feel free to attend.
location for emergency operation center
Commr. Renick recapped that the Board had approved the site for the EOC (Emergency Operation Center) at the last BCC Meeting, but she wanted to tour some other EOC sites to familiarize herself with the building, even though she realized that the Commissioners could not go together on a fact-finding mission.
Mr. Minkoff responded that he thought it was a great idea, and there were several new ones they could visit, including ones in Citrus, Marion, and Osceola. He stated that he would try to arrange visits to see one and include Mr. Jerry Smith, Emergency Management Director, as well as representatives from the Sheriff’s Office and EMS, since communications was sometimes part of the EOC. He suggested that they pick five of them to visit, each Commissioner to a different one, and then come back and discuss the project as a whole at a workshop.
Commr. Cadwell commented that Seminole County had a good one also.
Commr. Conner asked if the grant money was only to build a new facility, or whether they were able to buy an existing facility with those funds.
Mr. Minkoff responded that he has seen that some counties have used some funds to actually harden another facility, and he will explore that possibility. He stated that they could talk about those decisions later once the Board makes up its mind about what they wanted included in the facility.
Ms. Marsh stated that she would find out if the County was legally able to use those funds towards an existing facility.
clermont’s 125th anniversary celebration
Commr. Renick mentioned that Clermont was celebrating its 125th anniversary with a street party Friday night, and there would be a lot of events going on throughout the weekend.
bicycle alliance rally
Commr. Renick related that she went to the Bicycle Alliance rally in Mount Dora, where they displayed Resolution No. 2009-150. She commented that they were all very appreciative to the Commission.
reports – commissioner conner – district 3
appreciation to interim county manager
Commr. Conner thanked Mr. Minkoff for communicating with him on a regular basis, and he was impressed that he met with the Sheriff regarding the space needs.
yalaha community center project
Commr. Conner expressed concern about the Yalaha Community Center project and asked Mr. Minkoff to give them a project update on the status of that.
Mr. Minkoff reported that since moving the CDBG (Community Development Block Grant) from one department to another, Ms. Amye King, Growth Management Director, has taken over this project. He said there was a meeting yesterday to discuss new ideas for shrinking the project, and they would bring recommendations back to the Board shortly about how they should proceed with that.
lighting in parking garage
Commr. Conner mentioned that he has received a lot of complaints about the massive lighting in the parking garage. He commented that even though they needed to keep the lights on in the garage for security reasons, some of the staff members thought that there were ways that they could reduce the amount of lighting and electricity that is used.
library book content concerns
Commr. Conner stated that residents who had concerns about the content of library books discussed the matter with him, and he related that they were only asking that books with adult content be put in the adult section of the library, not the 18 years old and under section. He opined that taxpayers were buying books that contained language that network anchors could not lawfully say on television and that the residents concerned about this issue have some legitimate concerns. He asked if they could either legally refuse to buy or segregate from the 18 and under section books that contained vulgarity.
Mr. Minkoff stated that Ms. Melanie Marsh, Interim County Attorney, would give the Board a legal memorandum outlining the legal issues.
Commr. Stewart noted that that group of parents was not asking for the book to be banned and only wanted the books to either be moved or for the books to have some type of code on it so that parents would know that there was sexual content in them. She commented that middle school students were still children and were impressionable at that age.
Commr. Renick thought that they should be able to put books where they were age appropriate.
Commr. Conner clarified that he was not for banning the books, just for segregating them into an adult section of the library where they would be age appropriate.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
black bear scenic byway ribbon cutting
Commr. Stewart invited everyone to come to Camp Ocala on Saturday, October 24, to celebrate the Black Bear Scenic Byway ribbon cutting, where there would be a lot of activities. She pointed out that it has been designated a national scenic byway as well as a state scenic byway.
eagle scout project
Commr Stewart commended Edward Amos, who was going for his Eagle Scout badge in North Lake Park in Umatilla. She related that his project was to oversee the building and installation of bat houses and Great Crested Fly Catcher houses in the park. She added that he was also raising funds to purchase Purple Martin houses with retractable poles that he would be installing in the park, and stated that those who wanted to contribute could make their check out to Boy Scout Troop 699, which was a non-profit organization.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
usta tennis instructor at north lake park
Commr. Cadwell reported that they now had an approved USTA tennis instructor operating at North Lake Park, and information about adult and youth programs were on the County’s web site.
CITIZEN QUESTION AND COMMENT PERIOD
No one wished to address the Board.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:45 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK