The Lake County Board of County Commissioners met in regular session on Tuesday, February 13, 2001, at 9:00 a.m., in the Training Room (Room 233), Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Catherine C. Hanson, Chairman; Robert A. Pool, Vice Chairman; Welton G. Cadwell; and Jennifer Hill. Commr. Stivender was not present, due to another commitment. Others present were: Sue Whittle, County Manager; Alvin Jackson, Deputy County Manager; Sanford A. Minkoff, County Attorney; Wendy Taylor, Administrative Supervisor, Board of County Commissioner's Office; and Sandra Carter, Deputy Clerk.
INVOCATION AND PLEDGE
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Commr. Hanson noted that the Worksession regarding Utility Primer (Utility Standards - LDR Draft), by Hartman and Associates, had been pulled from the Agenda.
Ms. Sue Whittle, County Manager, informed the Board that there was a published Addendum No. 1 to the Agenda.
ORDINANCE RELATING TO WATER SHORTAGE REGULATIONS AND RESOLUTION TO INITIATE ALTERNATE CODE ENFORCEMENT PROCEDURES
Ms. Sue Whittle, County Manager, informed the Board that the proposed Ordinance was being brought forward at the request of the St. Johns River Water Management District (SJRWMD) and that, in discussions with them, it was determined that only the County's Code Enforcement Division would be handling citations. She stated that the Ordinance allows the Sheriff's Department to do so, if they so choose; however, staff recognizes the fact that it probably will not be a priority item for them.
Commr. Hill stated that she felt the fact that the Ordinance states the Sheriff's deputies will be empowered to enforce the provisions of the Ordinance, through the issuance of citations, should be deleted, because people will call the Sheriff's Office and he will feel obligated to respond. She questioned how many additional deputies it will take to enforce the Ordinance and at what cost to the County.
Commr. Pool questioned whether the Sheriff would want to be excluded or included in the enforcement end of the Ordinance.
Captain Mark Palmer, Lake County Sheriff's Office, Uniform Patrol, addressed the Board stating that, if push comes to shove, the Sheriff's Office would enforce the Ordinance, however, noted that it would be an impact on the Sheriff's Office. He stated that, in 1999 alone, 133,000 calls were serviced and 8,000 arrests were made countywide. He stated that the Sheriff's Office is currently in need of deputies just to handle criminal issues, much less regulatory issues. He stated that the Sheriff's Office will do the best they can, with what they have to offer, but their primary focus is protecting the public. He stated that it costs $82,000 to outfit one deputy sheriff and the Sheriff's Office would need 10 to 15 additional deputies to enforce the provisions of the Ordinance. He stated that the Sheriff has some concerns about the matter, however, noted that the Sheriff's Office would be willing to work with Code Enforcement, if there is an issue that needs to be addressed.
Commr. Pool stated that he concurred with Commr. Hill that the language indicating the Sheriff's deputies will be empowered to enforce the provisions of the Ordinance through the issuance of citations should be deleted from the Ordinance.
Commr. Hanson stated that she would feel more comfortable with taking said language out of the Ordinance, as well, noting that, if the need arises later and the Board sees that it is necessary for said language, it can be added at that time.
The Chairman opened the public hearing.
Mr. David Ressler, Director of Production, Cherry Lake Tree Farm, addressed the Board stating that the Ordinance will impact their farm and their ability to do business in the County. He questioned the amount of water the provisions of the Ordinance will actually save, noting that he feels it will be minuscule. He stated that it is an issue that needs to be addressed. He stated that he did not disagree with the issue of saving water, it is just the way the County is going about it that he disagrees with.
Mr. Todd Hurt, Lake County Agricultural Center, addressed the Board stating that it was not the Agricultural Center's intent to delay the installation of commercial landscaping, but rather to revisit the Landscape Ordinance and possibly consider using a smaller caliper tree, rather than a larger one, lowering the amount of time that the tree will take to get established in the landscape and the amount of water that it uses during the establishment period.
Ms. Nancy McDonald, Florida Nursery Growers Association, addressed the Board stating that the SJRWMD has not formed an opinion, whatsoever, with regard to this issue. She noted that they are allowing growers to apply for variances.
Mr. Sandy Minkoff, County Attorney, stated that the section of the Ordinance dealing with commercial landscaping could be deleted, while the Board considers the issue.
Commr. Cadwell suggested that said section be deleted from the Ordinance, at this time, so that the County can help the SJRWMD enforce the water shortage emergency.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
The County Attorney placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; CREATING ARTICLE IV, CHAPTER 21, LAKE COUNTY CODE, ENTITLED WATER SHORTAGE REGULATIONS; PROVIDING FOR THE LOCAL IMPLEMENTATION OF A DECLARATION OF WATER SHORTAGE OR WATER SHORTAGE EMERGENCY BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Commr. Cadwell and seconded by Commr. Pool to approve Ordinance No. 2001-14, relating to Water Shortage Regulations, deleting Section 21-155 - Effect on New Commercial Landscaping; and Resolution No. 2001-27, Initiating Alternate Code Enforcement Procedures.
Mr. Minkoff, County Attorney, questioned whether the Board wished to make any changes to Section 21-156 - Enforcement, empowering deputies to enforce the provisions of the Ordinance through the issuance of citations.
Commr. Cadwell included the deletion of same in his motion, which was seconded by Commr. Pool.
Under discussion, Commr. Hill questioned whether recreational facilities would be exempt from the water restrictions.
Commr. Cadwell stated that he was not sure how the SJRWMD intends to address recreational facilities.
Commr. Hanson stated that the Board can address other issues at a later date. She noted that they would welcome the help of the Ag Center, as they work through the process. She called for a vote on the motion, which was carried, by a 3-1 vote.
Commr. Hill voted "No".
Commr. Stivender was not present for the discussion or vote.
At this time, Commr. Cadwell introduced Mr. Gerald Smith, from Leadership Lake County, stating that he would be serving his internship with the Board this date.
COMMITTEES/COMMUNITY SERVICES/STATE AGENCIES
Mr. Fletcher Smith, Senior Director, Community Services, addressed the Board stating that, in June of 2000, the Board of County Commissioners adopted a Resolution stating that Lake County would make every effort to evaluate and remove any barriers that would enable the County to become an elder ready community. He stated that, based on that fact, the Board of County Commissioners, the County Manager's Office, and the Department of Community Services applied and received an Elder Ready Grant from the Department of Elder Affairs, in Tallahassee. He stated that, by the year 2010, it is projected that over 81,000 people will be over the age of 65; therefore, the County contracted with the Florida Institute of Government, at the University of Central Florida, to design and facilitate the process of determining the current needs facing the senior population of Lake County. He stated that eight community forums and five agency symposiums were held, over approximately one and a half months, with15 to 20 agencies being represented at each meeting, in order to determine said needs.
Ms. Barbara Clay, with the University of Central Florida, addressed the Board and discussed how the input from the community was obtained, noting that the forums Mr. Smith referred to were held throughout the County, to allow individuals in the community to attend and give input. She stated that the individuals who attended said forums were broken up into small groups, to brainstorm various issues, with the number one question being what services, facilities, and resources are essential for meeting the needs of the elder population in Lake County. She stated that, once the individual groups had compiled their lists and put the information on flip charts, they were asked to prioritize the three most important issues on each list. She stated that the groups then got back together and compiled a report, which the Board had before them. She stated that symposiums were also held, consisting of participants from organizations - both public and private, that had an interest in working with the elder population, in determining their needs for the future.
Mr. Leonard Chaffee, who has a Ph.D. in Educational Administration and was one of the participants in the community forums, addressed the Board and reviewed the priorities that were compiled by the various groups alluded to by Ms. Clay. He stated that they are committed to establishing a community in which the elder population is assured the highest quality of life and that they pledge to uphold the confidence and trust of the elderly community, through commitment to excellence in programs and services. He stated that Lake County will strengthen the cohesive structure between its citizens, agencies, faith based organizations, and government, to ensure the well being of all seniors. He stated that their guiding principles will be respect, quality, integrity, and commitment. He stated that the significant issues will be medication, financial, safety, food/nutrition, legal issues, independent living at home, housing, fraud, and wellness/prevention, and their goals and objectives are transportation, environmental/infrastructure, health care, communication, and community services. He discussed how they intend to address each goal and objective. He stated that the report before the Board was just the beginning, noting that Lake County and its collaborative partners now have an opportunity to develop and implement a plan to raise awareness of and address issues which affect the elder community and take steps to ensure that Lake County is elder ready.
At this time, Commr. Stivender arrived from her previous commitment.
COMMITTEES/COMMUNITY SERVICES/STATE AGENCIES (CONT'D.)
Mr. Chaffee thanked Ms. Barbara Clay, with the University of Central Florida, for her leadership in this process, and the County's staff, for their hard work and support.
Commr. Hanson stated that she, too, has been very pleased with staff's involvement and commitment and the support of the Board.
Commr. Cadwell stated that Commr. Hanson was the driving force behind this issue and that he supports her efforts, however, feels that, before a council is created to address the issues, an ad hoc committee should be created first, to decide who should be at the table, what the council's job should be, how much government interaction there should or should not be, etc.
Mr. Sandy Minkoff, County Attorney, interjected that something like that is usually handled by a Resolution and that he feels his office and Community Services can work together to come up with said Resolution.
A motion was made by Commr. Cadwell and seconded by Commr. Pool to have the County Attorney draw up a Resolution creating a short-term Elder Advisory Committee to make recommendations to the Board of County Commissioners, as to what direction the County should go, for a long-range elder affairs group.
Under discussion, Commr. Pool questioned what the elder population was for the State of Florida.
Mr. Smith stated that he was not sure, however, felt the County was just a small percentage of the State's average.
Commr. Hanson stated that she felt it would be interesting to obtain a breakdown of Lake County's elder population and how it ranks with some of the other counties in the State.
Commr. Cadwell thanked the Community Services Department for their hard work, noting that he feels they do an amazing job for the County, considering what they have to work with. He stated that the Board appreciates the job they do.
The Chairman called for a vote on the motion, which was carried unanimously, by a 5-0 vote.
ADDENDUM NO. 1
It was noted that the appointment of individuals to vacant District 5 positions on the Citizens' Commission for Children would be postponed until a later date.
COMMISSIONER HANSON - CHAIRMAN AND DISTRICT 5
Commr. Hanson informed the Board that the Small Area Study that was held recently in Sorrento/Mt. Plymouth went very well. She stated that design standards were discussed, as well as environmental lands that might be purchased by the CARL Program, etc. She stated that it was a positive meeting.
OGDEN MARTIN ISSUE
Mr. Sandy Minkoff, County Attorney, informed the Board that he had advised them that he would like to meet with them, in a closed session, to discuss litigation involving the County's incinerator owned by Ogden Martin of Lake, with regard to settlement negotiations and strategy sessions, including litigation expenditures. He stated that a court reporter would be present to record the discussion and would prepare a transcript that will be kept sealed, until the litigation is over, at which time it will be made a part of the public record. He stated that the meeting was published in the local newspaper, as required by law, and that it was estimated to last approximately one hour. He noted that the only people attending this meeting would be the Commissioners, the County Manager, Mr. "Stumpy" Harris and Mr. Jeff Keiner, Attorneys with Gray, Harris and Robinson, and himself. He stated that they would not be allowed to take any action at this meeting.
At this time, the Recording Secretary was asked to leave the meeting.
RECESS AND REASSEMBLY
At 12:00 noon, the Chairman reconvened the meeting.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 12:05 p.m.
________________________________ CATHERINE C. HANSON, CHAIRMAN
JAMES C. WATKINS, CLERK