august 3, 2010

The Lake County Board of County Commissioners met in regular session on Tuesday, August 3, 2010 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; Elaine Renick, Vice Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart.  Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Niki Booth, Office Associate V, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Susan Boyajan, Deputy Clerk.

INVOCATION and pledge

Mr. Sandy Minkoff, Interim County Manager, gave the Invocation and led the Pledge of Allegiance.

Agenda update

Commr. Cadwell stated that he wanted to add a discussion of a letter of support for the School Board mentoring program to the Agenda under his business.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board moved to add that item to the Agenda.


There was no one who wished to address the Board.

Commr. Renick wanted to clarify that things which came up during Citizen Question and Comment Period would not necessarily be routinely added to the Agenda.

Mr. Minkoff explained that there have been some occasions where the Board has added something to the Agenda, and they did not want to foreclose that opportunity.


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 4, 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 Public Hearing from City of Tavares

Notice of Public Hearing from the City of Tavares to consider Ordinance 2010-16 amending the boundaries of the City of Tavares by annexing approximately 1.4 acres of land generally located on the east side of Classique Lane approximately 500 feet south of the intersection of East Burleigh Blvd. and Classique Lane.

Ordinance from City of Clermont

Ordinance 2010-10-M from the City of Clermont which annexes a vacant parcel of land into the city limits of Clermont and was adopted by the Clermont City Council on June 22, 2010.

Estates at Cherry Lake Community Development District Resolution

Estates at Cherry Lake Community Development District Resolution No. 2010-07 identifying the Fiscal Year 2010/2011 meeting schedule for the Estates at Cherry Lake Community Development District.  All meetings will convene at 2 p.m. at the office of Booth, Ern, Straughan & Hiott, Inc., 350 North Sinclair Avenue, Tavares, Florida 32778 on the following dates:

October 4, 2010

November 1, 2010

December 6, 2010

January 10, 2011

February 7, 2011

March 7, 2011

April 4, 2011

May 2, 2011

June 6, 2011

July 11, 2011

August 1, 2011


Commr. Conner asked to pull Tab 4 for discussion.

Commr. Renick wanted to pull Tabs 13 and 14 to discuss together, as well as pull Tabs 9 and 15 together for discussion.

Mr. Minkoff informed the Board that they have received their tentative permit approval from DEP and St. Johns River Water Management District referred to in Tab 11, but it would not be until November, so he asked to approve Tab 11, with the extension until November 30 to complete that transaction.

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 2 through 15, pulling Tabs 4, 9, 13, 14, and 15 as follows:

County Manager

Request for approval to fill Court Facilities Operations Assistant position with the Fifth Judicial Circuit, Administrative Office of the Courts. (Fiscal Impact $44,677.73).

Economic Development and Community Services

Request for approval and authorization for the Chairman to sign the FY 2009-10 CDBG Partnership Agreement between the Okahumpka Community Club, Inc. (OCC) and the County in an amount not to exceed $35,000 granting the OCC CDBG funds to have the former Rosenwald School building rehabilitated for use as a community center on OCC property, and to direct the Economic Development and Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services. Fiscal Impact is $35,000.

Public Safety

Request for approval of Budget Change Request to realign the Orlando Urban Area Security Initiative (UASI) grant funds. No Fiscal Impact.

Request for approval for (1) Acceptance of Emergency Management Performance Grant (EMPG) Funds in the amount of $78,005; (2) Authorization for the County Manager to sign future amendments/modifications that do not involve financial impact; and (3) Approval of Resolution No. 2010-89, with a fiscal impact of $48,528.

Request for approval of Stancil Recorder Upgrades to the existing equipment at the LCSO and Leesburg PD PSAP’s.

Public Works

Request for authorization to release cash funds posted as maintenance surety in the amount of $84,614.91 posted for Timberlane Phase II. Timberlane Phase II consists of 71 lots and is located in Section 6, Township 23 South, Range 26 East. Commission District 2. There is no fiscal impact.

Request for authorization to release settlement funds in the amount of $19,509 to Baybrook Homes, Inc., accept a check for maintenance in the amount of $31,952.70, execute a Developer's Agreement for Maintenance of Improvements between Lake County and Baybrook Homes, Inc., and execute Resolution No. 2010-90 accepting the following roads into the County Road Maintenance System: Halo Drive (County Road No. 7968), and Harvest Ridge Court (County Road No. 7968A). Hunter Oaks consists of 18 lots and is located in Section 01, Township 18 South, Range 26 East. Commission District 5. There is no fiscal impact.

Request to approve and execute a second (2nd) Amendment to the Purchase Agreement dated December 7, 2009 between Diamondback Land Company and Lake County to extend the contract to allow the County to obtain approval and permit from DEP / St. Johns to use land for mitigation of wetland impacts on the C470 Project. There is no fiscal impact. Commission District 1 and 3.  (The Board approved this item, with the extension until November 30 to complete this transaction.)

Request to approve and execute an amendment to the purchase agreement dated April 8, 2010, between Carcer Enterprises, Inc. & Hidden Lakes Estates, Inc. to extend the contract by 30 days to secure the satisfaction or release of mortgages needed for clear title on the property. There is no fiscal impact.


Ms. Susan Irby, Employee Services Director, presented the following employee awards, commenting briefly about each employee’s service to the County:

five years

Lenora Holman, Library Page (not present)

Public Resources/Library Services/Cooper-LSCC Library


Cheryl Sutherland, Office Associate III

Public Works/Engineering


Trudy Unsworth, Financial Analyst

Economic Development & Community Services/Housing Services/CDBG


Kevin Willis, GIS Director

Information Technology/Geographic Information Services

ten years

Stephen Gladwell, Compliance & Monitoring Specialist

Conservation & Compliance/Code Enforcement Services


Donald Horvath, Laborer (not present)

Public Resources/Tourism & Business Relations/Fairground


Mr. Fred Schneider, Engineering Director, presented the retirement recognition awards, commenting about each employee’s service to the County:

Michael Smith, Equipment Operator I (not present)

Public Works/Road Operations/Maintenance Area I (Leesburg)


Sharon Horton, Office Associate II (not present)

Public Works/Road Operations/Maintenance Area I (Leesburg)

employee of the quarter

Mr. Doug Krueger, Fiscal and Administrative Services Director, presented the Employee of the Quarter Award to Ms. Sandra Rogers, Procurement Coordinator, Fiscal and Administrative Services/Procurement, and commented extensively about her service to the County.

supervisor of the quarter

Mr. Emilio Bruna, Solid Waste Programs Director, presented the Supervisor of the Quarter Award to Mr. Johnny Taylor, Hazardous Waste Coordinator, Environmental Utilities/Solid Waste Programs.

t.e.a.m. award

Ms. Kelly Lafollette, Information Outreach Director, presented the T.E.A.M. Award to the Lake County Complete Count Committee: Media Subcommittee (Interagency), which included the following team members:  Chris Patton, Bill Deese, Bill Evans, Judy Buckland, Debbie Thomas, Elizabeth Heine, Kevin Lenhart, Scott Merklinger, Kathy Pagan, Richard Hoon, Ron Shearer, Sheri Hutchinson and Paul Long.  She commented that the team worked diligently on a creative marketing strategy to inform Lake County citizens of the importance of returning their 2010 census forms which produced best-ever census results for the County to date of a 77 percent return rate of the census forms.


economic development and community service

term and supply contract for bus shelters

Mr. Minkoff stated that Tab 4 is a bid to install bus shelters, and he reported that they bid it out, had several bids, and recommend awarding the contract for the shelters to Mark Cook Builders, who was the low bidder.

Commr. Conner asked if they had an assessment of need for the bus shelters and whether they could justify that kind of expenditure based on the number of users.

Ms. Dottie Keedy, Economic Development and Community Services Director, explained that it was an enhancement of the service that will ultimately result in increasing the ridership.

Commr. Cadwell opined that it would not be practical to have the bus service without the shelters.

Commr. Conner commented that he wished they could put bus shelters in places where students riding school buses could also use them as well as the public.

Commr. Renick pointed out how hot it has been and that these shelters would provide some shade and protection from that, and she did not think people would use the bus system without some type of shelter.

Commr. Conner asked how much money out of the general fund they were putting towards LakeXpress that was not federal or state money to subsidize public transportation. 

Mr. Minkoff pointed out that the general fund was not subsidizing LakeXpress at all, because LakeXpress was subsidizing the paratransit program; and if they did not have LakeXpress, they would have to spend more general fund money to provide the same number of paratransit trips.

Commr. Renick commented that this was a transportation option that government provides, such as roads, and she noted that the ridership was huge in South Lake County.

Commr. Cadwell commented that he thought that the bus service would benefit the general fund even more as it further developed and as more people got off of paratransit.

Commr. Stewart pointed out that most people that ride their bus service are using it to get to their jobs, which was a very important function of it.

Commr. Conner opined that from a philosophical standpoint, it was not the responsibility of  taxpayers to help other taxpayers get to work.

On a motion by Commr. Hill, seconded by Commr. Renick and carried by a vote of 4-1, the Board approved the award of the term and supply contract 10-0208 to Mark Cook Builders for the provision, installation, and maintenance of Bus Shelters and associated furniture. The immediate fiscal impact is the amount equal to the current level of grant funding for the project ($255,000).

Commr. Conner voted “no.”

public works

contracts for environmental studies and mulching services

Commr. Renick stated that she wanted to discuss Tabs 9 and 15 together to make the same point that when they award those kinds of contracts with language referring to a four-year option, they would be rebidding those contracts every year.

Mr. Minkoff added that when they get those options for four years, they did not automatically rebid the second year, but they evaluate it based upon how much they spent, whether it was a local contractor, and what has happened in the market.  He stated that if it was advantageous to the County and they have a good vendor, particularly one that is local, then a lot of times they would renew them.  He assured the Board that he has been reviewing those each month, and he has been discouraging longer-term ones, since the market has gotten better over the last two years.

purchase agreements for right-of-way easements

Commr. Renick commented regarding Tabs 13 and 14 that staff has been working on the Hook Street project for a long time, but since the cost of this item was for over $600,000, she thought they should discuss it.  She opined that everyone knew how important Hook Street was to relieving the congestion in South Lake and on Highway 50, and this was absolutely critical to South Lake.  She also opined that she did not think this was an outrageous price, considering the cost of eminent domain with lawyers, fees, and compensation for very valuable commercial property with access to Highway 50, and she commented that they finally had good cooperation from the owners of this property.

On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved Tabs 9, 13, 14, and 15, the requests from Public Works as follows:

Request to award and execute contracts for county-wide environmental studies and services to LPG Environmental & Permitting Services, Inc., Precision Environmental Assessments, LLC, and Shaw Environmental Inc. in conjunction with the County's needs. Fiscal Impact can not be determined at this time.

Request for approval and execution of a purchase agreement with Rocky Mount Development Co., Inc. for the purchase of strips of land to be used for right of way and easements for the Hooks St. Phase IV Segment B Project in the Clermont area. Fiscal impact is $616,500.00 Commission District 2.

Request for approval and execution of purchase agreement with Fox Hill Builders, Inc. for the purchase of strips of land to be used for right of way and easements for the Hooks St. Phase IV Segment B Project in the Clermont area. Fiscal impact is $659,500.00 Commission District 2.

Request for approval of award for Mulching Services at various County locations to A & E Land Clearing. Fiscal Impact is estimated at $75,000.00.

public safety

amendment to the ircp

Mr. Minkoff stated that Tab 16 regarding the amendment to the Intergovernmental Radio Communications Program (IRCP) was the item previously on the Board’s agenda regarding the $12.50 fee referenced in the Statute for traffic tickets, and he noted that he provided some additional information showing the number and value of the radios that were provided and giving updated and complete information on how much money the fee has raised.

Commr. Cadwell commented that he knew that this was a concern of at least two of the cities, but the rest of the cities he talked to expected it and did not seem to be concerned about that.  He stated that he believed they needed to move forward with this.

Commr. Hill noted that this was the first year of this, and it is by legal definition that the County does it this way.  She wanted to readdress this issue at budget time as well as the way they do the PSAP, which is a component of this.

Commr. Renick pointed out that the County did not do this immediately, and she commented that she could see why the cities were not expecting to be charged the fee this upcoming budget year of 2010-11.

Ms. Melanie Marsh, Acting County Attorney, clarified that once the radio system was up and running, they had to get authorization from the Department of Management Services, who certifies that it is a county-wide radio system, and then that money would be changed over.  She also clarified that the radio system was not up and running until this year.

Mr. Greg Holcomb, Public Safety Communications Technological Manager, stated that they looked at a strategy of collecting costs when the County incurred cost for the maintenance, and their costs would not start until September of this year because of the warranty period prior to that.  He reported that the radio system began operation in July of 2009.

Commr. Cadwell pointed out that the County has incurred a large expense for the whole cost of the system so far, since they knew a lot of the cities would not be able to share those costs.

Commr. Conner opined that it was a duplication of services for the municipalities to have their own answering system, and he believed that soon economic concerns will force those cities to consolidate that service.

Mr. Minkoff responded that half of the cities do have their own dispatch, and half do not.

Mr. Holcomb specified that the cities that do have their own dispatch are Tavares, Mount Dora, Eustis, Lady Lake, Clermont, Leesburg, and Groveland.  He added that the City of Clermont is in negotiations with the Sheriff’s office to do that consolidation.

Commr. Conner commented that even though the cities got a lot from the County for this radio system, including free radios, he was concerned about the impact on their budget this fiscal year because of the representations that have been made to them, and he asked if the cities without a dispatching system could be treated differently than those that had one.  He emphasized that if they did help some of the cities with this fee, it would be the last year the County would do so.

Mr. Minkoff responded that the only solution that they could offer to him would be to use the additional funds available in the 911 account in the proposed budget to increase the funding to the cities that have PSAPs, and they would only be dealing with the cities that did not get funding, which is a much smaller number.  He related that if the Board wished, they could figure out a way to enter into agreements to reimburse those cities using other funds, which would be a $60,000 - $70,000 item as opposed to $200,000 for that year.

Commr. Cadwell suggested that they pass this today, since they had to do that by Statute to be able to collect the money, and then bring another agenda item back with a formula to give the cities some relief.

On a motion by Commr. Hill, seconded by Commr. Stewart and carried by a vote of 4-1, the Board approved the request in Tab 16 from Public Safety for authorization for the Chairman to execute the request for the amendment to the Lake County Intergovernmental Radio Communications Program (IRCP) and incorporate funding in the FY 2010-11 recommended budget and directed staff to bring another agenda item back with a formula that would give some relief to the cities.

Commr. Renick voted “no.”

other business

appointments to impact fee committee

Commr. Hill commented that this would be a good time to change the makeup of the Impact Fee Committee if they decide to do so, because their study has been completed and was voted on, but was still not brought back to the Board since they were still in the moratorium.  She noted that the recommendations by some of the organizations were for reappointments of the current members, while some were for different individuals.

On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the appointment of the following individuals to upcoming vacant positions on the Lake County Impact Fee Committee for two-year terms ending August 6, 2012:  Mr. John Buxman (Chamber of Commerce), Mr. Jim Richardson (League of Cities); Ms. Linda Nagle (Home Builders Association), Ms. Carol MacLeod (Superintendent of Schools or designee), Mr. Bill Benham (Agricultural Industry), Mr. Thomas Davis Talmage III (Banking & Finance); and Ms. Nancy Lee Hurlbert, Mr. Jeffrey Banker, Mr. Alan Winslow, and Mr. Dennis Sargent (Citizens-at-large).  The Board decided to re-advertise for the Lake County Conservation Council appointment.


paisley fire station

Mr. Minkoff reported that they had planned to open the Paisley Fire Station on Sunday, August 1, but they had to delay it because they had some issues with the new well that required retesting.

judicial center construction

Mr. Minkoff mentioned that construction at the Judicial Center was going well, but they have been having some battery issues with the golf cart that brings people from the garage to the building because of heavy usage.  He related that they have a second cart coming in from the company that they would be able to use on an interim basis until the battery issues with the original cart were resolved.

reports – commissioner renick – vice chairman and district 2

proclamation recognizing florida water professionals week

On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 5-0, the Board approved Proclamation No. 2010-91 recognizing August 16-20 as “Florida Water Professionals Week” and for recognizing the efforts of water professionals in Lake County.

reports – commissioner conner – district 3

leesburg lightning playoffs

Commr. Conner mentioned that the Leesburg Lightning won their first playoff series last night, August 2, and they would be going to Tampa to play in the Championship game Thursday afternoon, August 5.  He opined that the Leesburg community has really gotten behind that team.


commission attendance at seminole state forest meeting

Commr. Stewart asked if a Commissioner could attend the meeting of the Forestry Service regarding adoption of the management plan for Seminole State Forest September 1 at 9:30 a.m. at Camp Boggy Creek to represent the Board, since she would be unable to attend.

Commr. Cadwell asked the Commissioners to could check their calendars and volunteer if they were free to attend that meeting.

Mr. Minkoff noted that the Forester was on the agenda to give a presentation to the Board in August, at which time he was expected to formally announce that meeting.


letter of support for mentoring initiative

Commr. Cadwell mentioned that they have had employees participate in the mentoring program before, and this letter would let the School Board know that they were still involved in the program and have encouraged staff to participate in it.

Commr. Stewart commented that mentors can have a big impact on those children, and they may be the only positive person in their life.

Commr. Conner opined that mentors make kids feel loved and that it was a very rewarding experience.

On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the letter of support to Ms. Susan Moxley, Superintendent of Lake County Schools, for the School Board’s mentoring initiative.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:50 a.m.



welton g. cadwell, chairman