A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
October 19, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, October 19, 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; and Jimmy Conner. Commissioner Linda Stewart was not present. Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Courtney Vincent, Deputy Clerk.
INVOCATION and pledge
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
presentation by sales surtax oversight committee
Mr. Keith Mullins, Chair of the Sales Surtax Oversight Committee, explained that in 2001, the citizens of Lake County instituted a sales tax surcharge of one percent on sales in Lake County to be divided equally among the School Board, the County Commission, and the 14 municipalities of the County. He added that part of the agreement was the creation of an Oversight Committee to examine the budgets before and after the funds were spent to ensure they were spent as the voters had approved at the referendum. He noted that last month the Committee met to review the budgets for the current year, October 1, 2010 through September 30, 2011, and reported that all the cities, the School Board, and the County were spending the sales tax money as intended on such things as infrastructure, parks, and conservation. He mentioned he was from the League of Cities; introduced Mr. William Smith, one of the School Board designated members of the Committee; and added that there were also members from the County and the Property Appraiser’s Office. He thanked the County staff who worked to assemble the books that were handed out, the members of the Committee, the County Finance personnel, and the citizens of the cities.
Agenda update
Commr. Conner requested to pull Tab 5 from the County Manager’s Consent Agenda.
Commr. Hill requested to make a presentation relating to Tab 14 from the County Manager’s Consent Agenda when the other presentations would be made.
Commr. Cadwell responded that both requests would wait until they addressed the County Manager’s Consent Agenda. He also stated he had received a copy of the School Board’s Resolution No. 2010-09, affirming support of Amendment 8 relating to class size, and explained the School Board was requesting the Board of County Commissioners consider supporting their resolution. He asked to have the School Board’s request for support of Amendment 8 and their resolution be added to the agenda for discussion.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board moved to add the School Board’s request for support of Amendment 8 and their resolution to the agenda under Commr. Cadwell’s business.
minute approval
On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a 4-0 vote, the Board approved the Minutes of September 7, 2010 (Regular Meeting) as presented.
citizen question and comment period
Mr. Vance Jochim, a Tavares resident who writes a blog about fiscal issues in Lake County (fiscalrangers.com), addressed the Board regarding Tab 7 which requested approval of resolutions amending the Community Development Block Grant Fund and the Public Transportation Fund in order to receive unanticipated grant fund revenues in the amount of $1.2 million. He suggested it be pulled for discussion to address the two line items entitled, “Aid to Pvt Organizations,” on the supporting table to determine what specifically $833,000 in funds was being allocated for. He then suggested the extra allotments awarded to the cities be used towards new programs which would aid many people such as creating a jobs program as opposed to using the money to fund current programs, such as buying foreclosed homes, which only benefits a few.
Mr. Scott B. Taylor, a resident of Sorrento, addressed the Board regarding the Wekiva Expressway and expressed concerns over the wording of the interlocal agreement. He stated that, as it relates to the Wekiva Expressway, the bulk of the CR 46A realignment occurs on land under his ownership. He mentioned he sent an email to the Commissioners on Saturday, October 16, 2010, with respect to the interlocal agreement that would be on the October 26th agenda, expressing concerns about the inaction of Lake County to have the interlocal agreement in place before the Public Hearings on the Expressway Authority’s Wekiva Project Development and Environment (PD&E) Study. He reported the Florida Department of Transportation (FDOT) sent a letter to Mr. Sandy Minkoff, the Interim County Manager, on September 27, 2010, stating their position. He noted his email included a copy of an email from District Five Secretary Noranne Downs, to Chairman Cadwell stating a meeting that had been scheduled for October 1, 2010, had been cancelled by Lake County and rescheduled for November. He expressed concern over the interlocal agreement, mentioning Section 5.02 of the current version blocked any construction prior to the signing of a separate agreement with FDOT regarding maintenance of SR 46, and Section 6.01 required Lake County approve the final alignment before construction may commence. He argued these two provisions put into question the usefulness of the interlocal agreement. He commented on the two exhibits of the interlocal agreement, opining Exhibit A resembled the “Road to Nowhere” and adding if Exhibit B, which was the Parkway, was removed it would destroy everything they had worked for over the last eight years. He mentioned the language regarding the 46A realignment had been changed to “east of Heathrow County Estates.” He then asked why those roadblocks were in the interlocal agreement and whether Lake County would follow Seminole County’s example by executing their interlocal agreement or if they would be seeking some other agenda. He requested the interlocal agreement be completed and ready to approve at the October 26, 2010 County Commission meeting. He mentioned he had previously asked Commr. Cadwell to consider writing a letter to Governor Crist requesting Senator Lee Constantine be reappointed as Chairman of the Wekiva Coordinating Committee as a private citizen. He commented that Senator Constantine had done a tremendous job in brining this landmark legislation into law.
Commr. Cadwell asked Mr. Sandy Minkoff, Interim County Manager, for the status of the interlocal agreement.
Mr. Minkoff responded the County Manager’s Office had been working diligently with the Expressway Authority to complete the agreement and mentioned they were trying to accommodate Commr. Stewart’s request to have it completed before she left office. He explained that, with respect to the issues Mr. Taylor mentioned, there was no final alignment at this point; the Expressway Authority was required to hold Public Hearings that could potentially change the alignment, and they were the ones who were requiring Board approval after they adopted the final alignment. He added that the same language was in the Seminole County agreement. He mentioned that, with respect to FDOT, it was true he had received a letter from the District Secretary saying FDOT would maintain the roads forever, but with the change in governor, secretary, and possibly a change in district secretary, the County lacked confidence it could legally rely on that letter. He explained it was for that reason the County had asked FDOT for a binding agreement where they would agree to maintain the road, adding that they have worked with the Expressway Authority, and the language in the agreement currently would allow them to go forward with the design and right of way acquisition while the County worked through any issues with FDOT. He stated that originally the County had requested the project be built entirely at once if they were going to commit to it, but FDOT was not willing to do that and were the ones to suggest breaking the project into two pieces. He added that the County was not trying to subvert the project in any way.
Commr. Cadwell mentioned he spoke with the District Secretary that morning and she opined there were no roadblocks in the agreement.
Mr. Minkoff responded that once the agreement was approved, the County would have no further ability to get things done which was why they were being extremely cautious making sure that the agreement was done appropriately.
Mr. Taylor stated he agreed with Mr. Minkoff in regards to the alignments, but the point he had been trying to make was his concern that the rights to change the alignments had become more exclusive because of the language used in the contract, as opposed to what usually happened in a PD&E review process.
Ms. Melanie Marsh, Acting County Attorney, read a statement given to her by Commr. Stewart pertaining to this issue which said, “The Wekiva Basin is a precious resource that deserves as much protection as we can give it. It is so precious that our state legislature enacted legislation to do just that. The Wekiva Parkway is part of it. It is critically important that the interlocal agreement between Lake County, DOT, and the Expressway Authority be signed. We can not go forward without it. This agreement has been years in the making. There is absolutely no excuse for not wrapping it up before November. I would like the letter from Noranne Downs from DOT read today and entered into the record. I would like a public explanation of why, with DOT cooperating as they are, the agreement with DOT cannot be finalized by November 2nd at the latest.” She then commented she believed Mr. Minkoff had addressed the issue with the letter and she would put a copy on record with the Clerk of Court Office.
Commr. Renick asked if they could assure people the interlocal agreement would be heard on October 26th, 2010.
Mr. Minkoff responded that the County Manager’s office had received the completed agreement from the Expressway Authority on Friday, October 15, 2010, and it was on the agenda for the meeting on October 26th.
Commr. Cadwell expressed that while everyone on the Board wanted the interlocal agreement, they needed to make sure everything that needs to be in the agreement is present.
Commr. Conner noted most of the work towards the interlocal agreement preceded his time on the Board, and then asked what the correlation was between the Board approving the agreement and having the contract for maintenance and upkeep on the road, and if it mattered whether one came before the other.
Mr. Minkoff answered that the agreement with the Expressway Authority would contain a provision within it that said they could not start construction until the FDOT had agreed to maintain those portions of CR 46 which they had said they would maintain.
Commr. Conner questioned if they could approve the agreement and then subsequently go back and get a contract with FDOT.
Mr. Minkoff responded that they had already rescheduled the meeting with FDOT, and that it had been originally postponed because the Secretary, who was considered a necessary person to attend that meeting, had indicated she could not attend that day.
Commr. Cadwell stated he would bring up the issue of Senator Constantine under his business during the meeting.
There being no one else who wished to address the Board, the Chairman closed the Citizen Question and Comment Period.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 7, 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.
Annexation Ordinance from City of Fruitland Park
Request to acknowledge receipt of proposed annexation Ordinance 2010-004 from the City of Fruitland Park for approximately 1.29 acres located at 849 CR 466A, which the City Commission would be taking up for consideration at its October 14 meeting.
Town of Montverde Audit Report
Request to acknowledge receipt of the Audit Report for the Town of Montverde for Fiscal Year 2009.
Annual Report and Five Year Plan from Lake County Water Authority
Request to acknowledge receipt of the 2009 Annual Report and Five Year Plan from the Lake County Water Authority with cover letter from Michael J. Perry, Executive Director of LCWA.
Annual Meeting Schedule for Arlington Ridge Community Development District
Request to acknowledge receipt of the Arlington Ridge Community Development District Annual Meeting Schedule for the 2011 Fiscal Year.
Annual Financial Report and Financial Audit Report of Estates at Cherry Lake
Request to acknowledge receipt of the Annual Financial Report of Estates at Cherry Lake Community Development District together with the Annual Financial Audit Report for the Fiscal Year ended September 30, 2009.
Annual Report for Cooperative Forestry Assistance Program and Fire Protection
Request to acknowledge receipt of the 2009-10 Fiscal Year Annual Report for the Division of Forestry’s Cooperative Forestry Assistance Program and Fire Protection in Lake County.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Conner requested to have Tab 5, a request for approval of an amendment to the High Value Job Creation Program Agreement between Lake County, Florida and First Green Bank for a twelve month extension, pulled for a separate vote.
Commr. Hill requested to leave Tab 14, a request for approval of a resolution acknowledging the designation of a live oak tree in the Pennbrooke Fairways Subdivision as a Heritage Tree, be left on the Consent Agenda. She then requested that she be allowed to make a presentation of the resolution during the Presentation portion of the meeting.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3, 4, and 6 through 21 as follows:
County Manager
Request from the County Manager for authorization to fill four (4) positions in Public Works: three (3) Road Maintenance Operator positions in Road Operations Division and one (1) Sign and Striping Technician position in Traffic Operations Division. The total fiscal impact for these four positions is $129,556.00.
Request from the County Manager for authorization to fill Code Enforcement Officer position in the Department of Conservation and Compliance/Code Enforcement Division. Fiscal impact is $ 48,408.00.
Economic Development and Community Service
Request from Economic Development and Community Services to approve Resolution No. 2010-121, adopting the Lake County Health Department Fee Schedule for the 2010-2011 Fiscal Year. There is no fiscal impact.
Request from Economic Development and Community Services to approve Resolution No. 2010-122, and Resolution No. 2010-123, amending the Community Development Block Grant Fund and the Public Transportation Fund in order to receive unanticipated grant fund revenues. Fiscal impact is $1,220,536.
Request from Economic Development and Community Services to approve a one year extension of the 2009/10 CDBG agreement for the completion of Aesop's Park Project.
Request from Economic Development and Community Services to retroactively approve Resolution No. 2010-124, for $5,000 in excess funding paid to Christopher C. and Heidi A. Harvick for home purchase assistance in 2008.
Fiscal and Administrative Services
Request from Fiscal and Administrative Services for the Board to reassign an operating lease from Nortrax Equipment Company to Deere Credit, Inc. subject to County Attorney approval. No fiscal impact.
Request from Fiscal and Administrative Services to approve Fiscal Year 2009-10 budget change requests and Resolution No. 2010-125, Resolution No. 2010-126, and Resolution No. 2010-127, to reconcile grant receipts and budgeted to actual expenditures in accordance with County Policy LCC-36 and best financial practices. Fiscal impact is $304,807.
Request from Fiscal and Administrative Services to approve and execute the Annual Agreement for Operating System and Database Administration Support, and the Annual Support Agreement and License Agreement for MUNIS Software. Authorize the County Manager to sign all future annual agreements. Fiscal impact is $207,673.65
Growth Management
Request from Growth Management to award contract 10-0044 to Reynolds, Smith, and Hill, Inc (RS&H) for design and operation of energy efficiency programs associated with the Energy Efficiency and Conservation Block Grant (EECBG) awarded to the County. Fiscal impact is $64,800.
Request from Growth Management to approve Resolution No. 2010-128, acknowledging the designation of a Live Oak Tree in the Pennbrooke Fairways Subdivision as a Heritage Tree. No Fiscal Impact.
Public Resources
Request from Public Resources to approve the Management Plan for the Mount Plymouth Lakes Property. The total Fiscal Impact is approximately $68,973.00.
Public Works
Request from Public Works to approve Resolution No. 2010-129, authorizing the posting of “No Standing No Stopping No Drop-off” signs on both sides of CR 437 (5386) in front of Sorrento Elementary School in the Sorrento area, Section 19, Township 19, Range 28, Commissioner District 4. No fiscal impact
Request from Public Works to approve Resolution No. 2010-130, to Advertise Public Hearing for Vacation Petition No. 1159, BFG Lakeshore, LTD, to vacate lots and easements according to the Plat of Terrace Grove, in the Clermont area. There is no fiscal impact. Commission District 2
Request from Public Works to approve and execute a Purchase Agreement with David, Dorothy, Clyde and Diana Mathews for a parcel of land consisting of 4 lots at the intersection of US 27(441)/C466A/C25A, in Fruitland Park, needed for the C466A Road Widening Project. Also authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, and IRS donation, for property in conjunction with said C466A Project. Commission District 1. Fiscal impact is $388,000.00.
Request from Public Works to approve Resolution No. 2010-131, to Advertise Public Hearing for Vacation Petition No. 1157, John R. Arnold/Arnold Groves, to vacate a portion of right of way in the Green Swamp area near the Polk County line. Commission District 2. There is no fiscal impact.
Request from Public Works for adoption of the amended Resolution No. 2010-132, and execution of the amendment to the JPA Agreement for the intersection improvements at Citrus Tower Boulevard and Steve's Road (FDOT Transportation Infrastructure Pilot Program for Fiscal Year 2009/2010). FM #428225-1-58-01. Amendment is to add the audit requirements of Section 215.97, Florida Statutes "Florida Single Audit Act". No fiscal impact
Request from Public Works to approve Resolution No. 2010-133, authorizing the posting of “No Standing No Stopping No Drop-Off" signs on Bates Avenue (5771) in front of Eustis Middle School in the Eustis area, Section 6, Township 19, Range 27, Commissioner District 4. No fiscal impact
amendment to high value job creation program agreement
Mr. Minkoff stated Tab 5 needed to be voted on separately.
Commr. Conner mentioned he had a business relationship with First Green Bank, so he would file the conflict of interest form and abstain from voting.
Commr. Hill asked if the request would put First Green Bank on a waiting list for grant funds and what would happen to the other companies that might be on a waiting list for available funds.
Mr. Minkoff explained the grant funds had already been awarded; the request was specifically for an extension of time because of a delay in getting the building started.
Commr. Hill questioned how long the County wanted to keep the funds for First Green Bank if they had another company that was ready and could utilize the money, and then come back to First Green Bank when they were ready.
Mr. Minkoff clarified that there was currently no waiting list for those funds.
On a motion by Commr. Renick, seconded by Commr. Hill and carried by a vote of 3-0, the Board approved the request from Economic Development and Community Services for an amendment to the High Value Job Creation Program Agreement between Lake County, Florida and First Green Bank for a twelve month extension.
Commr. Conner abstained from voting.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Hill, seconded by Commr. Renick, and carried unanimously by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda, Tabs 22 through 25 as follows:
Request from the County Attorney for approval of termination of a portion of the leased space identified as Building B located at 1300 Duncan Drive, Tavares. The fiscal impact is approximately $34,000 savings.
Request from the County Attorney to accept the proposed settlement agreement and remain a member of the class in Monroe County v. Priceline.com et.al. The fiscal impact is undetermined at this point in time.
Request from the County Attorney to approve the renewal of leased space with JTM Properties for Public Safety Department space. The fiscal impact is estimated at $19,200.
Request from the County Attorney for approval of Release of Declaration of Covenants and Restrictions, authorizing County Manager to sign this release along with future releases when repayment has been made
presentations
heritage tree recognition
Commr. Hill presented Resolution No. 2010-128 to Ms. Mary Moore and Mr. Ed Davis, President of the Pennbrooke Fairways Subdivision Homeowners’ Association, recognizing the work of Ms. Moore and the Pennbrooke Fairways Subdivision HOA for their efforts in designating a live oak tree as a Heritage Tree. She commented this was the County’s second Heritage Tree designation, and she appreciated everything Ms. Moore and the HOA had done to preserve the tree. She stated the tree would be named the Lanier Oak after Mr. Sidney Lanier, a noted poet in the late 1800’s and former owner of the property the tree was located on. She mentioned the Pennbrooke Fairways Subdivision was located in western Leesburg in Lake County. She then described the notable qualities of the tree, including a circumference of over 19 feet and a canopy spread of 216 feet. She noted a sign would be placed at the base of the tree to signify its special status.
Mr. Davis thanked the Commissioners for the award along with Mr. Brian Sheahan, Planning Director for the Division of Planning and Zoning. He also thanked Ms. Moore for her efforts.
Commr. Cadwell recommended that, in the future, signs at the base of the Heritage Trees should be made larger.
President's Volunteer Service Award
Ms. Susan Irby, Director of Employee Services, presented Ms. Gwen Manning the President’s Volunteer Service Award for completing the certification process for lifetime achievement of over 4,000 documented volunteer hours. She noted that the President’s Council on Service and Civic Participation was established in 2003 to recognize the valuable contributions volunteers were making in their communities and encourage more people to serve. She explained the Council created the President’s Volunteer Service Award program as a way to thank and honor Americans who, by their demonstrated commitment and example, inspired others to engage in volunteer service. She mentioned Ms. Manning had achieved the over 4,000 hours by serving on several boards, being very active in the community, and working on a variety of enhancement projects throughout Lake County. She presented Ms. Manning with a framed letter from the President of the United States in appreciation of her work, along with recognition service pins, a certificate, and a letter from the Board of County Commissioners. She thanked Ms. Manning for her outstanding volunteer service to Lake County.
Commr. Cadwell commented that Ms. Manning had always been an advocate for folks in Lake County and a great public servant for the City of Eustis. He mentioned she made a recent run for The School Board, and added that he hoped she would remain active in both politics and community service.
Ms. Manning thanked the Commissioners for the great work they do for the citizens of Lake County and then thanked her boss, Helena Osborne-Ponsi, Director of the Florida Association of Volunteer Centers, Inc., who helped keep her involved with volunteering.
myregion.org presentation
Ms. Shelly Lauten, President of myregion.org, gave a PowerPoint presentation update of current projects myregion.org was working on across the region, adding that myregion.org was a part of the Central Florida Partnership and their goal in that partnership was to get community leaders across seven counties to think about long term issues that were important to all of them. She noted Commr. Cadwell was serving on their executive Board of Advisors. She commented they were best known for their “How Shall We Grow?” project which addressed the issue of regional growth in Central Florida, adding that while growth had slowed substantially since the issue was first raised, the cities and counties throughout the region have continued to look for ways to address concerns relating to the conservation of the countryside, vibrant city centers, and corridors of transportation. She reported out of that continued effort came the formation of the Congress of Regional Leaders, noting the group had no political authority. She mentioned Commr. Cadwell and the Mayor of Mount Dora, Ms. Melissa DeMarco, represented Lake County as members of the Congress, and the Congress had asked myregion.org about a year ago to work with the community in regards to the creation of a Regional Water Strategy (RWS). She thanked Commr. Renick for the hard work and effort she put into the RWS Steering Committee, and reported that for the first time they had senior level representatives from three water management districts at every meeting working with the business community and civic and government leaders to create a streamline approach to water conservation that would be viable as a long term solution. She also expressed that Mr. Gregg Welstead, Director of Conservation and Compliance, had been an invaluable asset to the RWS Steering Committee. She specified the initial goals of the project were to create a regional water strategy while avoiding the use of any public money for litigation. She explained the problem statement, which had been vetted by over 700 people, was how to plan together as a region to conserve, reuse, and equitably apportion the water resources at a quality level sufficient to protect the environment and meet future population, industry, and agricultural demands. She reported the RWS Steering Committee had given preliminary recommendations to the Congressional Regional Leaders for input and review, and hoped to have more specific recommendations ready for presentation by the end of the year.
Ms. Lauten then discussed the connection of the Tampa Bay region with Central Florida, highlighting that the regions were growing at a similar rate. She mentioned Professor John Barnett from the University of Pennsylvania, who had conducted a preliminary study for the “How Shall We Grow?” project, had been asked to study the value of Central Florida connecting with Tampa Bay. She discussed Prof. Barnett’s report, “Connecting for a Global Competitiveness: Florida’s Super Region,” noting that separately, the two regions represented the 18th and 20th largest economies in the United States, but combined they would become the 10th largest. She explained there were 13 counties that would be included in the connection of Central Florida with the Tampa Bay region, noting there were three overarching concepts that affected each county relating to the economy, transportation, and the environment. She displayed maps depicting the various assets spread out among the 13 counties such as attractions, aviation facilities, economic centers, and institutions of higher education, commenting how none of the individual assets between counties were currently linked, and stressing that the regions needed to come together to strategically determine how they could be using those assets more effectively to benefit all of them as a whole. She explained one way to connect the two regions would be through the use of high speed rails, noting that while on a county-by-county basis the benefits of a linked commuter rail might be lost, it would be possible to make the line globally competitive by the addition of feeder routes within the counties which would then connect to the high speed rail, connecting those routes to the economic centers. She stressed the importance of the high speed rail and corresponding feeder routes, explaining that currently there were 650 miles of road within the proposed super region that were being used over capacity and that by 2060, if current trends continued, that number would grow to over 3800 miles. She added that, through the connectivity provided by the rail system uniting the Central Florida region with the Tampa Bay region and thoughtful planning for future growth, 44 percent less land would be consumed than what the current trend predicts, and close to $270 billion in highway costs could be saved and reinvested into other forms of transportation. She mentioned they had worked with the East Central Florida Regional Planning Council, which consisted of 21 public, private, and civic organizations, to advance a HUD sustainability grant so they could plan the rail stops together to get the most out of the system for the region. She noted that while they were not awarded the grant, it was the first attempt for a strategic move forward. She reported that at a Super Regional Leadership Conference, which consisted of about 450 leaders from Tampa Bay to Daytona Beach, when the question was asked whether there was value in working with Tampa Bay in a more strategic fashion, 94 percent voted yes. She discussed the follow up questions, which asked how well the regions were working with Tampa now and if there was the political will to move forward with it, noting that no consensus could be reached. She stressed the reason for this was because of the issue of fragmentation across the potential super region. She remarked that everyone’s help would be needed in continuing to discuss how best to defragment the region in a way where the long term solutions benefit the citizens in the most effective way.
Commr. Cadwell mentioned the connection with Tampa Bay would create a legislative delegation that would be as strong as the one in South Florida, noting that while there were still two separate delegation meetings going on currently, there was talk about having a super delegation meeting.
Ms. Lauten added that 50 percent of the legislators in Tallahassee touch one of the counties in the super region, so if the counties of the super region learn to organize themselves in a way where they can use that power, they would have the most effective group of legislators in the state.
Commr. Cadwell commented that Mr. Minkoff had the draft of the RWS, and that once it had been reviewed on a staff level, they would distribute it to everyone on the Board.
Commr. Hill expressed she was glad to see Sumter and Polk Counties included on the slide showing the potential area for the super region, commenting that she believed they needed to be included because they owned a large portion of the Green Swamp between the two of them, and adding that Lake County was also linked with the two counties through MPO.
Ms. Lauten replied Polk County had always been a part of the discussion, but it was not until after Citrus County was added that they realized Sumter County needed to be included as well. She noted Commr. Cadwell had already been approached to help with inviting Sumter County to the table so they could be more engaged, adding Sumter County was critical to economic long term success of the super region.
Commr. Cadwell mentioned a new chairman would be selected for the Board in December. He explained if Ms. Lauten would let Ms. Wendy Taylor, Executive Office Manager, know representatives from the Lake County Board were needed on the myregion.org Board, the new Chairman would make the appointments and the Board would ratify them.
Commr. Renick clarified that during discussions of alternative water supplies, the number one alternate that came out of the RWS meetings was conservation.
Ms. Lauten concurred conservation was the number one issue.
Commr. Cadwell remarked that the language of the RWS had even been altered slightly regarding the use of service water. He then thanked Ms. Lauten for all the work she had done for the region.
other business
Commr. Cadwell mentioned there would be a Closed Session, but it would wait until the end of the agenda.
women’s hall of fame
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved the induction of Ms. Agnes Berry and Ms. Pauline Yowler into the Women’s Hall of Fame.
Commr. Cadwell asked Mr. Minkoff to give an update on the Women’s Hall of Fame and the proposed relocation of the display.
Mr. Minkoff reported the Board had asked the County Manager’s Office to look at alternative locations for the photos and plaques. He remarked that the back wall adjacent to the flag in the Board Chambers of the County Administration Building would be a great place because as people come into the room they would see the display and there was also ample room for growth.
Commr. Cadwell commented that other locations they had looked at were too small and he thought the wall Mr. Minkoff suggested was an excellent location, mentioning that when the Board presented someone with a certificate for the Women’s Hall of Fame, perhaps they could unveil the photograph at the same time. He said he thought it was a good permanent place for the display to be.
REPORTS – COUNTY MANAGER
meeting with famu president and provost
Mr. Minkoff reported that he and Commr. Cadwell had met with President Ammons and Provost Harris of the Florida Agricultural and Mechanical University (FAMU), mentioning FAMU was entering into a partnership with Lake Community Action that Lake County would be a part of because they were going to be providing college level course work at the Distance Learning Center in Lake County.
Commr. Cadwell added they were also looking for other opportunities with Lake County.
reports – commissioner hill – district 1
update on public safety committee
Commr. Hill reported an update on the Public Safety Committee, saying the bids were out and should be returning to the Board soon for consideration.
REPORTS – COMMISSIONER renick – vice chairman and DISTRICT 4
paramilitary group in green swamp
Commr. Renick reported receiving an email from a paramilitary group in the Green Swamp area saying they were still active despite Code Enforcement’s involvement and a lawsuit to remove them. She commented she wanted to make sure the Commission in the future still works to protect the Green Swamp and that Code Enforcement continues to pursue this issue.
Ms. Melanie Marsh, Acting County Attorney, noted receiving an email from DCA stating it was their understanding the lease with the owners of that property was being terminated, so the group should not be in operation, adding that they had not received any complaints. She mentioned they had gone through with the Code Enforcement case, and the group was not currently operating.
Commr. Renick offered to show Ms. Marsh the email, stressing that despite what was assumed, the group was still active in that location.
REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5
school board resolution in support of amendment 8
Commr. Cadwell reported receiving a copy of a resolution from the School Board in support of Amendment 8, which pertained to class size reduction.
Commr. Renick asked if the Board took a position on Amendment 8, would they then be asked to do the same for other amendments.
Commr. Cadwell replied they would if such a request was brought forward.
Commr. Conner commented that when he was on the School Board they had opposed the original amendment that had been passed regarding classroom size restrictions, and the School Board had strongly encouraged people to vote against it, noting that Lake County was one of the few counties where the vote went against the amendment. He explained Amendment 8 was an attempt to correct the mistake of the original class size amendment, and it demonstrated how there was always a risk for unintended consequences from changing the State’s Constitution. He stated that currently society was legislating through the Constitution instead of treating it with due respect. He added Amendment 4 was another amendment that risked unintended consequences. He expressed his support of the amendment the School Board had submitted to the Commissioners.
Commr. Renick replied she did not think it was the purpose of the Board to discuss their opinions and take positions on current amendments to be voted on during the election.
Commr. Cadwell concurred with Commr. Conner’s statements, adding that the system did not work efficiently the way it was set up right now.
Commr. Renick stated Commr. Conner had said they should not be amending the Constitution.
Commr. Conner clarified he had said they should be careful about amending the Constitution.
Commr. Cadwell remarked he generally voted against any constitutional amendments, but he supported Amendment 8 because it was trying to fix the mistakes of the original class size amendment that had been passed.
Commr. Conner mentioned some of the advocates for the class size amendment recognized the financial problems it was creating and the lack of flexibility it had caused, adding that while he was not speaking for them, he thought there was a lot of support for Amendment 8 from the very people who supported the original class size amendment.
Commr. Renick explained he was misunderstanding. She clarified that she had not decided her stance on Amendment 8, and what she was against was the Board discussing and taking a position on any amendments up for vote during the election.
Commr. Hill interjected that they were discussing the amendment because the School Board had made the request.
On a motion by Commr. Hill, seconded by Commr. Conner, and carried by a vote of 3-1, the Board approved to support the School Board Resolution No. 2010-09 affirming support of Amendment 8 relating to class size, and to send a letter to the School Board confirming support.
Commr. Renick voted “no.”
Letter to governor crist
Commr. Cadwell stated he agreed with Mr. Scott Taylor, a resident of Sorrento who had addressed the Board during the Citizen Question and Comment Period, in regards to sending a letter to Governor Crist requesting that Senator Lee Constantine be reappointed as Chairman of the Wekiva Coordinating Committee as a private citizen.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved putting Commr. Cadwell’s request for approval to write the letter on the agenda.
wekiva coordinating committee
Commr. Hill mentioned she had not attended the Wekiva Coordinating Committee meetings and asked if that committee would like to have Senator Constantine continue as Chairman.
Commr. Cadwell responded yes, noting Senator Constantine had the trust of people on both sides of the Wekiva Committee, those who were environmentally minded and those who were not, and he had the expertise that came with being a part of the Committee since the start.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 4-0, the Board approved Commr. Cadwell to write a letter to Governor Crist requesting that Senator Lee Constantine be reappointed as Chairman of the Wekiva Coordinating Committee as a private citizen.
recess and reassembly
The Chairman announced at 10:00 a.m. that there would be a ten-minute break.
closed session
Ms. Marsh stated that she had previously asked for the closed session authorized by Florida Statute 286.011 to discuss pending litigation in front of a court or administrative agency, and once the closed session starts, it would be confined to settlement negotiations or strategy sessions related to litigation and litigation expenditures. She noted that a court reporter would record the entire session, as well as when they begin, when they end, and all discussions in the proceedings, including the names of all persons present at any time and whoever speaks. She explained that the court reporter’s notes will be transcribed and would be made public at the time the litigation is concluded, and at the beginning of the session the Chair or the entity is required to give notice of who would be at the meeting, which was the Board, Mr. Minkoff, and herself. She added that she had a copy of the required advertisement of the meeting, and she estimated that the session would last about one-half hour.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:37 a.m.
__________________________________
welton g. cadwell, chairman
ATTEST:
________________________________
NEIL KELLY, CLERK