april 5, 2011

The Lake County Board of County Commissioners met in regular session on Tuesday, April 5, 2011 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:  Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell.  Others present were:  Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, 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

Pastor David Miller from the South Point Baptist Fellowship gave the Invocation and led the Pledge of Allegiance.

Agenda update

Commr. Hill mentioned Addendum 1-A and 1-B would be under the County Manager’s Consent Agenda and Addendum 2, a discussion on Lake Sumter EMS, would be addressed under the County Manager’s Report.

Mr. Darren Gray, County Manager, requested to have Tab 9 and Tab 14 from the County Manager’s Consent Agenda pulled from the agenda.  He stated they would be brought before the Board again at a later date.


On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a 5-0 vote, the Board approved the Minutes of December 14, 2010 (Regular Meeting); January 11, 2011 (Special Meeting); January 25, 2011 (Regular Meeting); February 22, 2011 (Regular Meeting); and February 25, 2011 (Special Meeting) as presented.


Ms. Nancy McDavid, a resident of Clermont, addressed the Board and read a speech she had prepared requesting the Board take action regarding the problem of tethering laws for Lake County, requesting the Board consider an anti-tethering law that would affect people who keep their dogs continually chained to a fixed point restraining device.  She provided a copy of an unsigned ordinance from Seminole County as an example of the types of restrictions the Board could impose.  She also submitted a written copy of her speech and copies of photographs depicting the problem.

Commr. Cadwell noted he had contacted Mr. Gray who in turn contacted Seminole County to receive a copy of the ordinance.


On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, 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.

Intergovernmental Cooperative Agreement

Request to acknowledge receipt of Memorandum accompanying a copy of an Intergovernmental Cooperative Agreement for the City of Eustis, Town of Lady Lake, and City of Umatilla, and Affidavit regarding authenticity, in compliance with Florida Statute Section 163.01.

Lands Available List

Request to acknowledge receipt of a list of property placed on the Lands Available List.  Lake County has until June 6, 2011 to purchase property from Lands Available List before it is available to the public.

City of Mount Dora’s Comprehensive Financial Report

Request to acknowledge receipt of the City of Mount Dora’s Comprehensive Financial Report for the fiscal year ended September 30, 2010, with cover letter noting the pages containing the activities of the community redevelopment agencies that Lake County government contributes Tax Incremental Funds towards.

Lake County Water Authority Annual Financial Audit

Request to acknowledge receipt of Annual Financial Audit for 2009-2010 for the Lake County Water Authority, which was presented to the Water Authority Board of Trustees on February 23, 2011, along with a cover letter stating the Annual Financial Report would be submitted electronically through the Department of Financial Services website.


Commr. Hill noted Tabs 9 and 14 had been pulled from the agenda.

Commr. Parks requested Tabs 3 and 15 be pulled for discussion.

Commr. Campione requested Tab 8 be pulled for discussion.

On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 21 and Addendum 1-A and 1-B, pulling Tabs 3, 8, and 15 for discussion and pulling Tabs 9 and 14 until an unspecified later date, as follows:

County Manager

Request from the County Manager for authorization to fill one (1) Senior Program Specialist position in the Community Services Department/Housing Services Division. (The fiscal impact is $51,863.).

Economic Development and Community Services

Request from Economic Development and Community Services for approval of the Interlocal Agreement between the Lake County Board of County Commissioners and the Lake~Sumter Metropolitan Planning Organization (MPO) for the Transit Development Plan annual update. Fiscal Impact is $20,982.95 (100% FTA Section 5307 Grant funded).

Facilities Development and Management

Request from Facilities Management and Development for approval to award contract for On-Call ADA Consultant to ADAAG Consulting Services, LLC in conjunction with the County’s needs. Fiscal Impact cannot be determined at this time.

Fiscal and Administrative Services

Request from Fiscal and Administrative Services for approval of Direct Pay (Check Request) from State Attorney's Office for Early Intervention Case Resolution Program.

Public Safety

Request from Public Safety for approval to execute the Florida Department of Health and Emergency Medical Services Grant and request approval of the Revenue Resolution, Resolution No. 2011-38 to receive and provide appropriations for the disbursement of funds.

Request from Lake County Department of Public Safety Fire Rescue Division requests approval of the Automatic Aid Interlocal Agreement between Lake County and the City of Clermont relating to right of way responses. There is no fiscal impact.

Public Works

Request from Public Works for approval of LAP Supplemental Agreement and Supporting Resolution No. 2011-39 between Lake County and the Florida Department of Transportation (FDOT) for utilization of the U.S. Department of Homeland Security's E-Verify System on construction/installation of a traffic signal at Citrus Tower Boulevard and Oakley Seaver Road. The Florida Department of Transportation (FDOT) will extend the above referenced agreement to December 31, 2011, to allow sufficient time for FDOT and the County to comply with the dictates of Governor Rick Scott's Executive Order 11-02, and incorporate into each State contract. No Fiscal Impact; CD – 2.

Request from Public Works for approval of LCWA request for Lake County to provide lake monitoring services through the Adopt-A-Lake Program for a total amount not to exceed $35,000.00 per fiscal year, and approve a budget resolution, Resolution No. 2011-40 for this additional revenue. Fiscal Impact: $35,000.00 Commission District Countywide.

Request from Public Works for approval to execute the Local Agency Program Supplemental Agreement between Lake County and Florida Department of Transportation for CR-48, Project No. 2010-14, Bid No. 10-0023, FPN # 428519-1-58-01 and supporting Resolution No. 2011-41 to include the U.S. Department of Homeland Security’s E-Verify system language. (Fiscal Impact is $0.) Commission District #3.

Request from Public Works for authorization to award CR-44 and CR-19A Intersection Improvements Project No. 2011-03, Bid No. 11-0014, FPN: 422419-1-58-01, to Allstate Paving, Inc., in the amount of $299,885.00, and to encumber and expend funds in the amount of $299,885.00 from the Federal/State Grants Fund for the CR-44 and CR-19A Intersection Improvements Project, FPN: 422419-1-58-01. Fiscal impact is $299,885.00 (Grant Funded $299,885.00). Commission District 4.

Request from Public Works for approval of: 1. Adoption of Resolution No. 2011-42 and execution of JPA Agreement for the intersection improvements on CR565A @ Silver Eagle Rd. (FDOT Transportation Infrastructure Program for Fiscal Year 2010-2011); 2. Approval for Public Works to move forward with the design and construction of a traffic signal at CR565A & Silver Eagle Rd., and to construct a sidewalk on Silver Eagle Rd. (from Hill Crest by South Lake High School to CR565A-approx. 4,351 linear feet); 3. Approval to advertise for Bids. FM# 430267-1-38/58/01 Fiscal Impact: $405,000.00; Commission District 2.

Request from Public Works for approval of: 1. Adoption of Resolution No. 2011-43 and execution of JPA Agreement for sidewalk improvements on CR561 (from Lane Park Cutoff to CR448), FDOT Transportation Infrastructure Program for Fiscal Year 2010/2011; 2. Approval for Public Works to move forward with the design and construction of missing link sidewalk connections (from Lane Park Cutoff to CR448 - approx. 2,245 linear feet); 3. Approval to Advertise for Bids. FM# 430268-1-38/58/01 Fiscal Impact: $85,000.00 Commission District 3.

Request from Public Works for approval and execution of an amendment to the purchase agreement dated October 19, 2010, between David, Dorothy Clyde and Diana Mathews to extend the contract by 90 days to allow Lake County to perform further testing to ensure the proposed C466A construction activity will not cause further spreading of and/or exacerbate the off-site contamination from the adjacent Kangaroo Convenience Store site. No fiscal impact. Commission District 1.

Request from Public Works for approval to award contract for On-Call Surveying Services to BESH, Southeastern Surveying and Mapping Corporation and A.E. Andy Andrews Land Surveying, Inc. in conjunction with the County's needs. Fiscal Impact cannot be determined at this time.

Addendum 1-A

Request from Economic Development and Community Services, Division of Health and Human Services, for approval and signature on Resolution No. 2011-49 supporting continued funding from the State of Florida for mental health and substance abuse services.

Addendum 1-B

Request from Fiscal and Administrative Services for approval of the installation of miscellaneous equipment (radios, alarms, strobes, sirens, antennas, security systems, etc.) in new vehicles purchased for the Sheriff’s Office be awarded to Awesome Car Stereo, Eustis, FL.  Fiscal Impact: $29,055.00.

request to fill librarian ii position

Commr. Parks asked if the Librarian II position would be vacant because someone was retiring.

Mr. Gray answered that was correct.  He explained the position was the Head of Reference in the Joint Library at Lake-Sumter Community College (LSCC) in Clermont and per the agreement the County had with LSCC the County was required to fill that position.

Commr. Parks asked if the County could wait another year before filling the position.

Commr. Cadwell explained that the County was only fulfilling half of what the agreement with the University of Central Florida and LSCC required of them, mentioning that originally the County had promised 20 staff members but currently, even including the requested position, there would only be 11 provided.  He remarked that the schools were meeting their staffing requirements, adding that the schools understood why the County could not.

Mr. Gray clarified the County reviewed positions to see if they were necessary before requesting they be filled and the Head of Reference position was necessary.

On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the request from the County Manager for authorization to fill one Librarian II position within the Public Resources Department, Library Services Division.

fairgrounds facilities for vehicle sales events

Commr. Campione noted the Board received requests in the past from local automotive dealerships to not allow car sales on vacant lots and expressed concern the current request went against those requests.  She clarified that other requests such as an RV sales request had been in conjunction with another event being held on adjacent property.  She recommended the Board pull the request so staff could review the overall policy regarding rental of the fair grounds to determine if it would change the parameters of what was allowed.

Commr. Conner noted the issue had been brought before the Board before and it was his understanding tent sales were allowed for car dealers three or four times per year.

Commr. Campione asked for clarification on the three of four times per year, explaining she thought those were local dealerships having the tent sales.  She asked if any vacant piece of property that was zoned commercial could be used for that purpose those few times a year.

Mr. Sandy Minkoff, County Attorney, clarified that staff was following the Board’s direction not to allow vehicle tent sales anymore.

Commr. Cadwell added the direction the Board gave was to not allow tent sales at the fair grounds anymore.

Mr. Minkoff added that the Board had told staff to honor the contract that had already been established and staff had not authorized any other requests since then.

Commr. Cadwell specified the current request involved more than just selling cars, there were also local vendors participating.

Ms. Wendy Breeden, Public Resources Director, explained the RV dealers needed to know soon whether or not they needed to find another venue.

Commr. Cadwell suggested the Board postpone making a decision until they learned how many local vendors were participating.

Commr. Hill mentioned she was unclear about the policy, stating she thought there was an open air policy.

Commr. Cadwell explained the Board could not get the car dealerships to agree so the County removed itself from the conflict by prohibiting vehicle sales on the fairgrounds.

The Chairman stated the Board would postpone their decision on Tab 8, the request from Public Resources for approval for the Lake County Fairgrounds to rent fairgrounds facilities for vehicle sales events, until the April 12, 2011 BCC meeting.

cr 452 stormwater improvement project no. 2011-05

Commr. Parks stated he had requested to pull Tab 15 for discussion because of the $700,000 estimated fiscal impact.  He said he was aware the request was to authorize advertising for bids on the project but that an explanation of the project and costs would be appreciated.

Mr. Jim Stivender, Public Works Director, explained that Lakeshore Drive was a County maintained road in unincorporated Lake County set between Eustis and Tavares.  He explained there were challenges in regards to stormwater drains because no retrofit had been done since it had been built so all the pipes directly discharged into Lake Eustis.  He added that Lake Eustis was identified as one of the basins that needed to be addressed for water quality.  She stated the proposed project was the retrofit that would address the stormwater coming off of the uplands to the lake as well as addressing any stormwater or flooding problems.

Commr. Parks suggested providing a staff report with the agenda item in the future.

On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Tab 15, the request from Public Works for approval to advertise for bids for CR 452 (Lake Eustis Drive/Lakeshore Drive) Stormwater Improvement Project No. 2011-05 at an estimated cost of $700,000 from MSTU Stormwater-Infrastructure-Construction-Lake Eustis Drive/Lakeshore Drive Drainage Improvements Fund.


On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 22 and 23 as follows:

Request for approval of Resolution No. 2011-44 releasing statutory petroleum and mineral rights from property owned by the County being transferred to the City of Tavares; Authorize the Chairman to sign the Resolution as part of the closing documents.

Request for approval to authorize the County Manager to approve invoices submitted by the State Attorney's Office for reimbursements for technology support. Fiscal Impact $246,000.

employee awards

Ms. Susan Irby, Employee Services Director, presented the following employee awards:

Five Years

Robert Fickett, Firefighter/EMT (Not Present)

Public Safety/Fire Rescue

Karen Gouker, Office Associate IV (Not Present)

Public Resources/Library Services

Zoraida Lopez, Landfill Attendant

Public Works/Solid Waste

Dwayne Turner, Equipment Operator I

Public Works/Road Operations

ten years

Cynthia McManus, Office Associate I

Fiscal & Administrative Services/Procurement Services

Twenty-five years

Mr. Stivender presented the following employee award, commenting briefly about the employee’s service to the County:

Kenton Tombow, Field Inspector

Public Works/Solid Waste


Ms. Amye King, Growth Management Director, presented the following employee award, commenting briefly about the employee’s service to the County:

Earl “Ron” Allen, Senior Building Inspector

Growth Management/Building Services

Mr. Stivender presented the following employee award, commenting briefly about the employee’s service to the County:

Margaret “Carol” Griffin, Scales Supervisor

Public Works/Solid Waste


Comprehensive annual financial report for lake county

Mr. Neil Kelly, Clerk of the Circuit Court, thanked Ms. Barbara Lehman, Chief Deputy Clerk, County Finance, and recognized Ms. Kristy Mullane, Mr. Kevin McDonald, Ms. Tracy Zeller, Ms. Joanne Drury, Ms. Karen Huffman, Ms. Connie Rodgers, Ms. Julia Wilson, Ms. Toni Riggs, and Ms. Courtney Vincent as members of the Clerk’s County Finance staff who helped prepare the Comprehensive Annual Financial Report (CAFR).  He also recognized Ms. Kelly LaFollette, Information Outreach Director, and Ms. Magdalena Contreras, Graphic Artist II, Information Outreach, for the design of the cover of the report and Ms. Dianna Magrum, Document Services Coordinator in the Reprographics Department, who printed and bound all the reports.  He then introduced Mr. Daniel O’Keefe of Moore Stephens Lovelace, P.A., who was the external auditor for the Clerk’s Office.

Mr. O’Keefe gave a PowerPoint presentation on the required auditor communications for the fiscal year ending September 20, 2010.  He specified that since Lake County did not have an audit committee, the Board acted as the audit committee for the purposes of the annual audit.  He discussed the services and deliverables, explaining it was the job of the external auditor to opine on the financial statements and insure the information that went into the CAFR was accurately and fairly presented.  He mentioned the auditors also had to render an opinion on compliance and internal control related to federal and state financial assistance programs, adding they were also required to render a report on internal control over financial reporting and on compliance and other matters as well as rendering a management letter which covered compliance components such as compliance with the investment policies.  He stated there had been no communication with outside auditors and no unadjusted differences.  He explained they used a risk-based audit approach, which meant all the factors of a given audit year were considered towards the rendering of their opinion.  He commented on the management representation letter, noted that Ms. Lehman was the primary contact with regards to the audit, reported his office provided government specialists and IT specialists to conduct the audit, and reviewed the audit schedule.  He remarked that the March 31 deadline for submission of the CAFR to the State had been met.  He then summarized some financial points of interest, explaining when they opined on the financial statements they looked at top-level statements as well as at individual major funds and aggregate non-major funds.  He described the top level analysis, showing that the total assets for governmental activities were $671.6 million with a change in net assets of $13.1 million, adding that business-type activities were $21.3 million with a change in net assets of a negative $1.9 million.  He listed the fund financial statements including major governmental funds such as the general fund, road impact fees, and facilities expansion projects, as well as proprietary funds such as the landfill fund and fiduciary funds such as agency funds.  He expressed that the general fund was the most important because it held the County’s unrestricted money used to cover basic operating costs.  He opined the 34.2 percent of the Unreserved Fund Balance as a percent of Total Expenditures and Transfers Out was very strong, noting the County had budgeted for an ending fund balance of $34.8 million but ended up with a final balance of $44.5 million balance which left the County with $8.7 million remaining.  He reported the landfill had some higher than normal closure costs that year but the escrow amount in the landfill was funded higher than the State required which meant it should reverse itself going forward.

Commr. Conner commented that the report was great news and showed the fiscal discipline exhibited within the County over the last year.

Commr. Hill mentioned Ms. Lehman provided the Board with quarterly investment reports and it seemed every December the County was always out of compliance with their polity due to the collection of ad valorem taxes.  She asked whether the County should change their policy, add some language, possibly have two checking accounts, or change the percentage within their policy to avoid being out of compliance.  She noted Mr. O’Keefe had recommended looking for a larger holding percentage for deposits in the Independent Auditor’s Management Letter on page 219 of the CAFR.

Mr. O’Keefe explained that was exactly what his office would recommend; stating the County had a very conservative investment policy and while there was nothing wrong in what the County was investing in, the situation could be controlled by modifying the percentages in the portfolio.  He commented that the influx of funds at certain points of the year did throw off compliance and while it was not really a problem it was unfortunately a technical violation.  He stated that in the State of Florida banks were required by Statute to set aside funds to secure the deposits from the County and there now was a public depository trust fund to help protect the funds so if all the banks failed there would be a problem but if one or two banks failed the deposits would be completely covered.

Mr. Kelly remarked the Board had a very conservative investment policy and explained that besides the ad valorem tax influx there were also agency investments which could only be called within a specific time range.  He noted that in the current economic environment if the bank determined they could get a better deal they could call the investment which would result in money returning to the County’s portfolio that then needed to be invested.  He commented that it became very difficult in that short window of time to keep the deposits within the necessary percentage at the main depository when they tried to match up the timing with the competitive bidding process in order to place the money.  He stated he and Ms. Lehman had discussed the issue and would return before the Board to recommend a change in the policy.  He emphasized that the investments were fully secured and safe and he proposed a change in the policy to ensure they remained compliant.

Commr. Parks opined a fiscal audit committee comprised of citizens and business people could be a part of reviewing the risk based audit approach each year to provide input.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board moved to accept the audit by Moore, Stephens, and Lovelace, P.A presented in the Comprehensive Annual Financial Report (CAFR).

2011 Lake county motorcycle safety fair

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2011-45 to recognize the month of May 2011 as Motorcycle Safety Awareness and Prevention Month.

Sgt. Tom McCain, Lake County Sheriff’s Office Traffic Unit and Motors Division and Chairman for the Lake County Community Safety Team, addressed the Board giving a PowerPoint presentation of pictures from the 2011 Motorcycle Safety Fair held at Wooton Park in Tavares on Saturday, February 26th, and discussing the importance of motorcycle safety.  He mentioned the Lake County Community Safety Team, comprised of multiple agencies within the County, met once a month to talk about safety issues in the community including motorcycle safety.  He stated the three major events in Central Florida involving motorcycles were the Leesburg Bikefest, Daytona Bike Week, and Biketoberfest.  He added that the Lake County Community Safety Team promoted motorcycle safety through education as well as enforcement and working with Lake County Public Works to ensure the roads were safe.  He reported the 2011 Motorcycle Safety Fair was the fourth annual fair, commenting that the Florida Department of Transportation as well as the State of Florida had sent equipment and personnel to promote safety, safety checks were provided by Gator Harley Davidson, and it had been a family friendly event.

Teen dating violence awareness & prevention month

Commr. Parks presented a signed and framed copy of Proclamation No. 2011-22, proclaiming February 2011 as Teen Dating Violence Awareness and Prevention Month in Lake County, to Ms. Rosanna Kingston from HAVEN of Lake and Sumter Counties, Inc., reading a portion of the Proclamation out loud.

Workforce development in lake county

Mr. Larry Strickler, Senior Vice President of Public Affairs for Workforce Central Florida, addressed the Board to discuss the 2010 State of the Workforce Report and to give a PowerPoint presentation of the findings.  He informed the Board that Workforce Central Florida was a not-for-profit, federally funded group that served Lake, Sumter, Orange, Seminole, and Osceola Counties.  He stated they worked primarily with employers to try to meet their needs, opining if they better served employer needs they could better serve job seekers and overall training needs as well as develop a strategic plan that might positively impact the economy.  He mentioned that every couple of years they conducted a State of the Workforce survey where they surveyed employers within the five counties they served to get their input and insight to what was going on in their industry and the local economy.  He clarified that the report he was presenting to the Board came out late last fall and mentioned it was available online.  He added that the presentation would show how Lake County responded compared to the region at large.  He reviewed the study objectives of learning about the Central Florida business environment, education and training opportunities, workforce needs, as well as general statistical business information.  He stated of those surveyed, businesses in Lake County generally thought the local business environment was moving in the right direction and many thought the economy was getting better.  He noted the economy as well as health care price and accessibility were the two primary issues elected officials should consider and that Lake County did not consider tax burdens as much of an issue as the region as a whole.  He mentioned the top reason businesses were located in Central Florida according to the regional results was the strategic location within Florida, but for Lake County the quality of life was considered the top reason.  He discussed the top challenges for employers, mentioning that Lake County surveyed similar to the region with the weak economy as the top challenge, and adding that the loss of funding, revenue, or sales was the biggest issue that was a result of the negative impact from the economic downturn.  He reported the most important new and emerging technology according to the regional results was sustainable and renewable energy but in Lake County the survey results indicated wireless technology as the most important, also reporting that 85 percent of surveyed Lake County businesses thought there were good training opportunities for their employees and discussing the break down of the different types of training.  He also displayed a list of the different industries that participated in the survey and the percentages of the surveys from each industry.  He stated he would be happy to discuss the report in further details with the commissioners.

Commr. Campione asked how successful the response rate was for businesses who received the surveys.

Mr. Strickler replied they had received between 300 and 400 responses which was enough to be able to extrapolate trends by industry and by county.

Commr. Campione asked how the participants were contacted for the survey.

Mr. Strickler answered that they were contacted through emails and phone calls.  He noted there was less response to the survey this time around than for the previous year.

Public hearing

ordinance relating to Suspension of educational impact fees

Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:



Mr. Minkoff distributed a handout with suggested additional language that would only allow the suspension of the reservation fee if it was in connection with an actual development order, explaining the change was to prevent a person from reserving land without intending to develop it.  He specified the need for the suggested language had been established at the Zoning Board meeting where the proposed ordinance had been presented because it included changes to the Land Development Regulations.

The Chairman opened the Public Hearing.

Mr. Paul Richardson, a resident of Clermont and a member of the South Lake Tea Party, addressed the Board in support of the proposed ordinance.  He emphasized the importance of commercial and industrial construction over residential construction, mentioning there were plenty of houses already built.  He added that houses whose construction had been stopped because of the bad economy should be completed.

Ms. Carol McLeod, Chief Financial Officer for Lake County Schools, addressed the Board stating that at the last School Board meeting a resolution was passed in support of the suspension of educational impact fees.

Commr. Cadwell asked if there had been any discussion by the School Board regarding extending the suspension for a year instead of six months.

Ms. McLeod responded that there had not been any mention of that by the School Board, but there had been suggestions to increase the suspension to one year through public input.  She specified the School Board recommended a six-month period starting in April.

Commr. Hill asked if the position of the School Board was to not retroactively suspend the educational impact fees and to instead have the suspension start on April 1, 2011 and end September 30, 2011.

Ms. McLeod replied yes, mentioning there was a School Board meeting scheduled for June 6, 2011 where they would discuss the effects of the suspension.  She reported that an impact fee study was being conducted and should be completed and submitted to the Board around the end of May, prior to the date of the discussion.

Mr. Austin Guirlinger, Manager of Central Management Company, addressed the Board.  He stated he had come before them a few months ago on this issue and had also given a presentation to the School Board relative to a project his company had been contemplating for three years.  He informed the Board his company was prepared to move forward with their project, noting the project was primarily one-bedroom apartments and did not have an effect on the schools.  He mentioned they ran an advertisement in the news paper over the last five months and there had been over 100 calls of interest to the project based on the listings for one-bedroom apartments.  He remarked they had been waiting over three years to move forward with their project and they certainly hoped the Board would approve the ordinance.

Mr. Jim Bible, Showcase Homes, addressed the Board requesting they consider providing credits to those who had prepaid impact fees.  He discussed the history of educational impact fees, explaining that because of the dramatic rise in recent years many people decided to prepay the fees to lock in the lower rate, many times passing the cost savings of the prepayment to whoever purchased the property.  He stated that if the Board placed the moratorium on impact fees, the prepayments would be lost with no way to recover the funds.  He stressed it was significant to them and there were probably only a few permits that would be issued over the next 12 months and while he was not asking that they receive a rebate on all the fees paid he asked if there could be some consideration to their situation.  He specified that prior to 2007 the Board allowed prepayments but they were no longer allowed.  He asked if there were some way those rights could be transferred to another lot in the future or to another piece of property so if the property was sold they would not lose the cost of the prepaid impact fees.

Commr. Cadwell asked how transferring the prepayment to another lot would help.

Mr. Bible answered that if they had the ability to at least transfer the credits then in the future when the impact fees were reinstated they would have some credits against them.

Commr. Parks stated he supported the request.

Commr. Campione commented that the collected educational impact fees had been transferred to the School Board, the County did not hold onto those funds, and a good way to address the situation Mr. Bible was in would be if the Board was to allow banking of the impact fees until they were reinstated.  She mentioned it appeared as if it were mostly local builders who had taken advantage of the prepayment option and it would help local businesses to allow them to access those fees at another time on another lot or project.

Mr. Bible mentioned that when he looked at the number of permits being pulled in unincorporated Lake County, only three to five of the average 20 to 25 permits a month were either individual owners, replacement houses, or local builders and the rest were national companies that did not prepay.

Commr. Conner opined the Board needed to do everything it could to help residents trying to make a living in the tough economic times.  He asked how they could get an impact fee credit on a lot when the fees were suspended for that lot.  He questioned if they did credits for the prepayment would they be reimbursing the prepayment and what the benefit to the person was because there was no impact fee on the lot they were building.

Mr. Minkoff explained the request by giving the example that if Mr. Bible had prepaid $7,000 on Lot 1, it was currently sitting out there and if he came in to build a house there would be no impact fee due because the Board had suspended them so he would like to take that $7,000 and put it into a bank or move it to another lot or be able to use it in a future development if and when impact fees were reinstated.

Commr. Conner suggested that the possibility of banking prepayments would be better as a separate ordinance or by amending the proposed ordinance after approving it.

Mr. Bible remarked he would not use the lot to sell a house if he thought his margin would be what he was getting back from his impact fee, explaining there was no point because he would lose money.  He added that without the assurance that the Board was willing to do something he would have no incentive to enter into a contract on that lot for someone to start building quickly.

Commr. Hill questioned who would receive the impact fee credit, Mr. Bible or whoever purchased the lot to build on.

Mr. Minkoff answered that the way the proposed ordinance was written was if there was a refund it would go to the current owner, there would be no way to go back to the previous owner.

Mr. Bible commented that he could settle that matter with an agreement between him and the purchaser.

Mr. Minkoff responded that the credits would have to stay with the owner of the property because it would be too confusing for staff to attempt to follow them separately.  He explained Mr. Bible suggested that if his company was the owner of the lot and he wanted to come in and buy a permit for the lot then staff would create some kind of a process where he could move the prepaid amount into something else that he owned or into a bank to be used at a later time.

Commr. Cadwell said it would make sense to put it in a bank as opposed to assigning it to a lot because if it happened again they would need to assign it to another lot.  He asked Mr. Minkoff what governmental vehicle the Board would need to use to create that program.

Mr. Minkoff opined an ordinance change would be sufficient and his office was ready to prepare that ordinance at the Board’s directed.

Commr. Hill asked Mr. Minkoff to have his office prepare the ordinance concerning the prepayment of educational impact fees to be brought before the Board at a later date.

Mr. Don Magruder, Citizens for Better Government Chairman, addressed the Board in support of the proposed ordinance.  He mentioned that since 2003, the Citizens for Better Government had been the leading voice against impact fees in Lake County because impact fees were an aggressive tax that harmed the community by preventing economic growth, artificially increasing the cost of homes and businesses, and killing job creation through the loss of projects.  He stated that a six-month waiver on school impact fees would not accomplish the desired goals of the Board, especially if it was retroactive to February 15, 2011, stressing that at least a year was needed.  He reported attending the School Board workshop the previous week and their hesitation to recommend a year long suspension was based on a timeline they could not achieve, explaining it was the hope of the School Board to have a new impact fee amount in place by the end of September which he opined was unrealistic.  He noted they would hopefully have the impact fee study back in time for the meeting at the start of June but it would still take time for the study to be reviewed for accuracy and once it was approved by the School Board it would go to the Impact Fee Study Committee, go through public hearings, have a final review from the School Board, and then it would be brought before the Board.  He requested the Board suspend impact fees for 12 months to allow the economy to recover and to provide enough time to find the appropriate amount for impact fees.

Commr. Cadwell asked Mr. Minkoff if the Board had the authority to repeal the proposed ordinance at any time, should there be a compelling enough reason after it had been approved.

Mr. Minkoff replied that was correct.

Mr. Jody Coursey from Coursey Homes in Tavares addressed the Board in support of what Mr. Bible had requested, noting it was a hardship to compete with foreclosure sales.  He mentioned his company had seen about 30 inquiries that year for houses but because of credit issues and payback ability there were only about three people who could actually be approved for a loan.  He opined that by suspending the impact fees it might bring more people into the position of owning a home.  He stated he was in favor of getting rid of impact fees all together because the new homeowners were being overburdened, especially since the retirement communities paid nothing.  He reported the impact fees came to about 10-15% of the initial costs of the homes his company sells, adding $50 to $75 per month to the mortgage payments which could be the difference between someone keeping their home or losing it.

Mr. Craig Hegstrom, owner of Hegstrom Homes in Sorrento, addressed the Board in support of a one-year suspension on educational impact fees.  He commented there used to be a balance to custom homes where the price of the lot and the cost to put a home on it would total close to what the property could be sold for.  He noted that was no longer the case.  He stated the benefits of postponing impact fees were that it gave the hope of recouping those fees later through transferring them if the Board approved that option and that having the fees suspended encouraged investors to build.  He added that for a custom home the process took longer and so a one-year suspension on impact fees would be better.

Mr. George Hansford, Prominent Construction, addressed the Board in support of the ordinance and in favor of a minimum of a one-year suspension.  He agreed with Mr. Hegstrom that a six-month suspension would not give enough time to go through the entire process of building a house with a customer before the fees were reinstated.  He mentioned he had prepaid approximately $50,000 in impact fees and he risked losing that money if the ordinance was passed as it stood currently.  He suggested refunding the prepaid impact fees.

Commr. Campione replied the Board could not do that because the money had already been given to the School Board.

Mr. Hansford stressed the County needed a minimum of a one-year suspension on educational impact fees and they needed to work out the legal issues of transferring prepaid credits from one lot to another.

The Chairman closed the Public Hearing and reserved comment to the Board.

Commr. Hill stated she believed the ordinance specified the suspension was retroactive from February 15, 2011 and would last for six months.

Mr. Minkoff noted the suspension would end on September 30, 2011.

Commr. Cadwell expressed the need to move forward and mentioned that at any point the School Board could bring evidence before the Board showing the need to repeal the ordinance, adding that the banking of the prepayment credits was an issue that should be brought back before the Board at another time.

Commr. Hill stated she could support the one-year suspension but suggested if they were going to end up offering credits for the prepayments it would be better to have the suspension start retroactively as of April 1, 2011.

Commr. Conner remarked the Board had previously stated they would retroactively suspend the educational impact fees to at least February 15, 2011.  He asked if it would be better from an administrative standpoint to go back to the February 1, 2011, or possibly January 1, 2011.  He asked the Board to consider having the ordinance be retroactive from at least the first of February and to have the suspension last for a year as well as give consideration to giving credits for prepayments.

Commr. Hill suggested having the suspension start retroactively on either the first of January or the first of April to coincide with the quarterly collection dates.

Commr. Conner agreed and then asked if the funds collected in January had been paid to the School Board yet.

Commr. Hill answered that the first quarter collections had not been paid yet.

Discussion ensued regarding the length of the moratorium on educational impact fees.  The Board decided to have the suspension be retroactive from January 1, 2011 and go through April 1, 2012.

Mr. Minkoff noted that even though the collected educational impact fees had not yet been paid to the School Board, any current refund of fees paid in the previous quarter would be taken out of the current funds.  He explained that would mean there might not be enough funds remaining to refund all of the money collected during the retroactive period.  He stated if the Board decided to retroact the ordinance to the first of January there might be one or two permits they would need to refund from an alternate funding source.

Commr. Campione expressed concern over the possibility someone might come in and pull permits and then not move forward with construction, noting that generally a person had six months after pulling building permits to have the first inspection and if that was not done they could get an extension.  She remarked she did not want to see someone come in and file plans with no intention to start building.

Commr. Hill commented she thought that issue had been addressed with the additional language on concurrency Mr. Minkoff had submitted.

Mr. Minkoff noted there was a substantial cost to get a building permit for a contractor including the cost of a complete set of plans and paying the building permit fees, and he did not think it would occur, though it was a possibility.

Commr. Parks mentioned staff could alert them should someone attempt to do that.

Mr. Minkoff remarked if a person was to do something like that it would most likely wait until the end of the suspension period which might make it difficult for staff to alert them to it.

Commr. Campione explained that if a person received one automatic extension then the building official gave the determination of whether or not to grant additional extensions, so if there had not been any work done on the lot she did not think an extension would be granted and she thought the building staff should look at the ordinance to see if there was something that could be added to prevent a run on new permits.

Mr. Minkoff stated they had discussed adding language that would require the building permit as well as having the house completed within a certain amount of time, but it created a great deal of problems with administration.

On a motion by Commr. Parks, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the creation of Ordinance No. 2011-18 amending Chapter 22, Lake County Code, entitled Impact Fees, and Section 5.01.01 regarding Concurrency Management to suspend the collection of educational impact fees retroactively from January 1, 2011 through April 1, 2012, including additional language to section 5.01.01 regarding concurrency, and directed staff to return with a new ordinance concerning the handling of prepaid educational impact fees as well as possible additional language on preventing a run on new permits.

Recess and Reassembly

The Chairman announced at 11:05 a.m. there would be a ten minute break.

public hearings

ordinance regarding public land acquisition advisory council

Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:



The Chairman opened the Public Hearing.

There being no one who wished to address the Board, the Chairman closed the Public Hearing and reserved comment to the Board.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2011-19 repealing Sections 2-90.56 of the Lake County Code which created and governed the Public Land Acquisition Advisory Council.

ordinance regarding Interlocal service boundary agreement

Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:



Mr. Minkoff handed out a page with a suggested change of wording on page 4, lines 35 through 38 of the ordinance, noting that the agreement allowed Umatilla to annex a parcel of property and there was an issue over the development of that property, explaining that the change would have any development on that property still go through the County Land Use and County LDR system and permitting rather than the City.

Commr. Parks stated he would need to abstain from voting on the proposed ordinance because of a conflict of interest, noting he had a former client who had a piece of land within the geographical area of the Interlocal Service Boundary Agreement (ISBA).

The Chairman opened the Public Hearing.

There being no one who wished to address the Board, the Chairman closed the Public Hearing and reserved comment to the Board.

Commr. Cadwell expressed the proposed ordinance was a great example of how an ISBA was supposed to address areas where the County and a city could work together.

Commr. Campione specified that the change in language was specific only to the property identified in Exhibit C and did not require any other annexed property to comply with the County’s LDR’s or Comp Plan.  She mentioned she had worked with the City of Umatilla as their City Attorney during the discussions, drafting and negotiations leading up to the agreement.

On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 4-0, the Board approved Ordinance No. 2011-20 adopting the ISBA between the City of Umatilla and Lake County including the suggested wording change and authorizing the Chairman to execute the ISBA.

Commr. Parks abstained from voting.

Closed session

Mr. Minkoff stated he 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 started, it would be confined to settlement negotiations or strategy sessions related to litigation and litigation expenditures.  He noted 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.  He explained the court reporter’s notes would be transcribed and be made public at the time the litigation was concluded, and at the beginning of the session the Chair or the entity was required to give notice of who would be at the meeting, which was the Board; Ms. Melanie Marsh, Deputy County Attorney; Mr. Darren Gray, County Manager; and himself.  He added he had a copy of the required advertisement of the meeting.

Public hearing

resolution regarding Amended budget

Mr. Gray stated Tab 30 was the required midyear budget adjustment and explained the proposed action consisted of balancing all funds based on fund balances and any changes that they had since October 1, 2010.  He noted a lot of the adjustments were grant reconciliations and minor changes based on fund balances.  He mentioned that back in December the Board had thought $11 million would need to be taken from the general fund and reported that the actual number after the audit was completed and the books were closed for last year was a little over $6 million, which was great news for the County.  He attributed the reduction to the one-time debt service payment to the Judicial Center, which had been over budgeted, as well as the fiscal responsibility the Board had shown last year.

The Chairman opened the Public Hearing.

There being no one who wished to address the Board, the Chairman closed the Public Hearing and reserved comment to the Board.

Mr. Gray thanked Ms. Julia Wilson from the County Finance Department for her help in the Budget Office.

On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved the amended budget for the 2011 fiscal year to include a mid-year budget amendment and Resolution No. 2011-46 adopting a supplemental budget for the 2011 fiscal year.

Other business

Appointments to the board of building examiners

Commr. Hill noted the appointments were for two vacant Certified Building Contractor vacancies and one Consumer Member vacancy.  She noted there was an open Architect position but currently no applications had been received for that position.

Commr. Parks recommended appointing Mr. Steven Berk and reappointing Mr. William Lawson for the two Certified Building Contractor vacancies.

On a motion by Commr. Parks, seconded by Commr. Cadwell, and carried unanimously by a vote of 5-0, the Board approved the appointment of Mr. Steven Berk and the reappointment of Mr. William Lawson for the two Certified Building Contractor vacancies and Mr. Joseph Quinn to the Consumer Member vacancy, all to serve a four-year term ending January 14, 2015.


Negotiations with fire fighters union

Mr. Minkoff reported negotiations with the Fire Fighters Union had been started and requested a closed session with the Board to discuss negotiations at the close of the April 19, 2011 BCC Meeting.


Economic development summit

Mr. Gray reported that a plan for the next Economic Development Summit, which would include the School Board, should be finalized by next week and would be discussed at the April 19, 2011 BCC Meeting.

Addendum 2 – lake sumter ems discussion

Mr. Gray reported the County had received the withdrawal letter from Sumter County which stated they would be withdrawing from Lake Sumter EMS at the end of their current contract in October.  He noted Sumter County had voted to withdraw from Lake Sumter EMS at their March 22, 2011 meeting, honoring the contractual six-month notification of termination, and their letter had been received the following day.  He explained now they would be going through the process of separating the assets of the current organization and then Lake County needed to decide how to move forward with a County ambulance service.

Commr. Cadwell mentioned he and Mr. Gray had met on the issue and wanted to have the opportunity to talk to the cities and see if they were still interested in being partners, adding that if the cities were still interested then they could come back with a redesigned board of directors and new bi-laws to have as a starting point for discussions. 

Commr. Hill commented that there needed to be a two-pronged attack to the problem, first with the County Attorneys from both counties getting together and the second with the Board contacting the cities, which Mr. Gray was going to arrange.

Mr. Gray remarked that at the last Fire Services Joint Meeting with the cities the Board had told them the next step regarding EMS would be informing them of the decision of Sumter County.  He suggested Wednesday, April 20 or Thursday, April 28 as possible dates to meet with the cities, adding that April 28 would work better for staff, and stating the meeting could be held in the afternoon.  He asked if the Board would like him to schedule the meeting.

Commr. Hill asked if that would give the attorneys time enough to discuss the legal issues of the contract termination.

Mr. Gray replied the joint meeting was not regarding the separation of the assets, it was pertaining to how Lake County would move forward with ambulance services.

Commr. Campione stated the Board needed to have a discussion on where they would like to see EMS services heading in Lake County in order to present the idea to the cities for feedback.

Commr. Hill summarized three options before the Board regarding EMS services:  Continuing services as Lake EMS, which would require a change in the ordinance and a change in the membership makeup; join County EMS services with the fire department; or privatize the EMS services.  She asked if there were any other options.

Commr. Parks suggested having an outside audit of the EMS services to help make recommendations to steer the Board towards the best of those options for the County.

Commr. Campione agreed, stating the auditor could observe the current EMS practices and report on their observations on cost effectiveness and operations.

Commr. Conner agreed.  He then suggested giving the Board a higher level of oversight when EMS service was restructured.

Commr. Parks agreed.

Commr. Campione suggested having all five commissioners sitting on the EMS Board and having representatives from the cities present.

Commr. Cadwell suggested having at least two commissioners, two city representatives, a hospital representative chosen by the hospitals and approved by the Board, and two citizen advocates.

Mr. Minkoff asked what the ultimate direction was from the Board regarding the division of the assets, saying it appeared the Board still wanted the County to operate ambulances.

Commr. Hill stated they needed to give the assurance to their cities that was the direction the Board wanted to take.

Commr. Conner expressed he was against getting rid of the EMS assets under any scenario.

Mr. Minkoff said that with the Board’s message that they wanted to continue EMS services in the County, he and Mr. Gray were given enough ability to craft who would receive what assets because Lake County would need the assets necessary to continue operations.  He added they would also be looking for an outside party to perform the operational audit.

Mr. Gray stated the detail could be discussed at the Board meeting on April 19, 2011.  He added he would let the City Managers of all the cities know the EMS discussion would be held on April 19 to provide them with the opportunity to be present for the meeting.


Law enforcement month

Commr. Hill mentioned there would be a ceremony in front of the Historic Court House on May 4, 2011 for Law Enforcement Month.

On a motion by Commr. Cadwell, seconded by Commr. Conner, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2011-47 proclaiming May 2011 as Law Enforcement Month in Lake County.

Lake county fair

Commr. Hill informed the Board the Lake County Fair would be starting on Thursday, April 7, 2011 and would run until Saturday, April 16th.

bookmark design contest

Commr. Hill reported attending the Lake County Library System’s 12th annual Bookmark Design Contest on Saturday, April 2, 2011 at the Leesburg Public Library.

reports – commissioner parks – district 2

Business incubator meeting

Commr. Parks reported he would be meeting with UCF soon regarding an upcoming business incubator meeting.

Senate bill 476

Commr. Parks requested the Board conduct a discussion in the future about Senate Bill 476 which would force the County to allow short-term rentals wherever residential uses were permitted.

reports – commissioner conner – district 3

Childhood cancer awareness week

On a motion by Commr. Conner, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved Proclamation No. 2011-48 proclaiming April 17-23, 2011 as Childhood Cancer Awareness Week in Lake County.

Public bus stop request

Commr. Conner reported receiving an appeal of a denied request from Tavares Middle School for a public bus stop near their property, noting he had turned the appeal over to the County Manager for consideration.

Stormwater issue on Berkshire drive

Commr. Conner reported receiving a complaint on a stormwater issue from Berkshire Drive in Eustis and noted he had turned the complaint over to the County Manager.

Turn lane into summit greens on sr 50

Commr. Conner reported there was no turn lane going into Summit Greens on SR 50, stating it was a problem and DOT at the staff level was telling the Board to rectify the situation.  He noted Staff was working on it and Representatives Alan Hayes and Stephen Precourt had both offered their assistance.

Lake County Chamber Alliance Meeting

Commr. Conner reported there was a Lake County Chamber Alliance Meeting scheduled for April 21, 2011 at Main Street Receptions.  He requested the Board attend the meeting with intent to participate. 

Commr. Campione agreed it would be a great opportunity.

Mr. Minkoff stated if more than one Board member would like to go they could advertise the meeting and take minutes.

Commr. Parks expressed his intent to attend the meeting.

The Board decided to advertise the Chamber Alliance Meeting so they could attend and participate.

REPORTS – COMMISSIONER campione – vice chairman and DISTRICT 4

Special assessments for paving roads

Commr. Campione reported being contacted by several people in the Lake Mack area who were interested in pursuing special assessments for paving roads, noting County staff was providing technical assistance.

Economic development council

Commr. Campione reported attending the Economic Development Council (EDC) meeting last Thursday at the Mission Inn, noting she gave a PowerPoint presentation to their Board.  She mentioned the new president of the EDC was at that meeting and also commented on the new systems that were being put in place at the EDC to help better track progress and accountability.


There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:41 p.m.



jeniffer hill, chairman