A
SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JULY
27, 2007
The Lake County Board of County Commissioners met in a special
workshop session on Friday, July 27, 2007, at 8:00 a.m., in the Carlton Palms
Educational Center, Lake Jem, Florida. Commissioners present at the meeting were:
Welton G. Cadwell, Chairman; Jennifer Hill, Vice Chairman; Elaine Renick;
Debbie Stivender; and Linda Stewart. Others
present were Sanford A. “Sandy” Minkoff, County Attorney; Cindy Hall, County Manager;
and Susan Boyajan, Deputy Clerk. The
Deputy Clerk upon arriving at Forrester Haven was misdirected to the wrong
meeting location. She joined the meeting
in progress at approximately 8:20 a.m.
Notes were taken by the County Attorney prior to her arrival and are
included in the minutes.
Commr. Cadwell
indicated that three items he wanted to discuss were conduct of County
Commission meetings, issues regarding the Growth Management Department, and the
Public Records Center in Tavares. He
also noted that any Commissioner would be free to bring up additional issues.
CONCERNS REGARDING GROWTH MANAGEMENT DEPARTMENT
Commr. Cadwell gave the other Board
members a history of the Growth Management Department for the last 15 years and
indicated that the department often had problems. He opined that this might be because they had
a planner rather than a manager running the department. He also commented that at one time or
another, the environmental community or the development community had problems
with the Growth Management Department, but now it seemed both had issues with
it.
Ms. Cindy Hall, County Manager, asked
for specific concerns.
Commr. Hill commented that over time
the issue had not been who the employees were, but how they worked. She was concerned that the department had
customer service issues and was not customer friendly. She wanted to be sure that all employees knew
they were working for the Board and were there to serve the public.
Commr. Stivender thought that the
staff was trying to appease people instead of following policy. She mentioned that when she previously worked
there, customer service was the number one priority, but that they seemed to
have shifted away from that. She also
agreed that it was a problem having a planner running the department.
Commr. Stewart concurred that the
attitude of the employees was an issue, and that some of the cities referred to
the department as obnoxious and arrogant.
She commented that the employees needed to remember that they worked for
the citizens and needed to do things like return telephone calls.
Commr. Renick added that both the
management and general employees were acting like they were doing a favor for
the public rather than serving the public.
She thought there was an attitude problem and that there needed to be an
attitude adjustment. She also opined
that it was possible to find a planner who would also be a good manager.
Commr. Hill added that there was
always a fifteen minute wait, and the process was especially difficult for
citizens who had never been through the process before. She also stated that citizens were often
shuffled from one employee to another without getting an answer.
Commr. Stewart reported that citizens
often got different responses from different employees to the same
questions. She related an incident where
a citizen was directed to obtain a form from the internet, because the
department did not have paper copies, and after he traveled several hours to
get it signed and submitted it, he was told it was the wrong form.
Commr. Renick asked if there was a
checklist used for permitting.
Commr. Stivender responded that there
used to be.
Commr. Cadwell stated that they were
all talking about the same types of issues and problems that were systematic in
the Growth Management Department, and that it was not a communication issue
between the Board and the department with any particular case. He mentioned an instance in which he directed
a citizen to the department and asked staff to work with him, but after he left,
the citizen did not get a positive customer service response from staff.
Ms. Hall stated that after the Board
Meeting on Plaza Collina, staff did not interpret the Board action to require
withholding of the site plan approval until after the meeting that the Board
requested the developer to have with Clermont, Oakland, and others. She mentioned that there was a need to
clarify what the Board direction was during the meetings.
Commr. Cadwell commented that it
usually was not a problem getting applicants to follow the Board’s desires regarding
requests like the meeting concerning Plaza Collina, because usually the same
applicants or representatives appeared before the Board and generally followed
Board direction.
Commr. Renick stated that they asked
for the heavy industrial standards during the first workshop after her election
to get that in place as quickly as possible, because they knew they had a
problem coming on the horizon. She asked
what they needed to do to communicate that urgency as a Commission.
Ms. Hall responded that those types
of things had to go through the Local Planning Agency (LPA), and she had
understood that they were not to interrupt the LPA process with the Comprehensive
Plan. She stated that if they wanted to
change that and give something priority over the Comp Plan for a short period
of time to get some different Land Development Regulations (LDR) passed, then
they would do that.
Commr. Renick opined that it was not
that difficult to change an LDR, and she also emphasized that she would not
bring those things up if she did not think they needed those changes
immediately to avoid a problem. She
commented that she felt there was a pushback from staff to do things their own
way.
Ms. Hall pointed out that, in the
case of the heavy industrial standards, staff would need to hear the Board say
to do the LDR’s on the heavy industry and bring them forward to the LPA. She also noted that the difficulty with the
LDR’s right now was figuring out whether to tie them to the old Comp Plan or
the new Comp Plan.
Commr. Cadwell noted that any LDR
they adopted now would have to be redone.
Ms. Hall stated that they did not
have a problem with that and would take Board direction on however the Board
wanted to handle the LDR’s, but that the staff recommendation was to wait until
the new Comp Plan has been done so that they could tie the LDR’s to the new
one. Also, she mentioned that there was
sometimes not clear direction from the Board on some issues.
Commr. Cadwell suggested that Ms.
Hall go back through the list of things that were brought up under their
reports that were not in the Agenda to make sure they had clear direction on
those at the meetings. He commented that
they needed to be more specific about whether they wanted staff to spend the
energy and time on things brought up by a Commissioner.
Commr. Hill stated that she looked at
the Comp Plan differently than she did the LDR’s, and that there had been
people who have had problems and wanted them to change the LDR’s because it did
not particularly fit their situation in certain areas. She stated that they needed to look at how
changing the rules would have an effect countywide.
Commr. Renick stated that she would
only bring up problems that could reflect a larger problem in general, and not
because it was a problem for only one individual. She commented that very simple changes could
be made in the LDR’s in a matter of weeks.
Commr. Stivender pointed out that she
usually sent an e-mail or memo to Ms. Hall with a concern instead of bringing
it up at the Board meetings under her business, unless it was something that
really needed to be in the public eye, and then when she got a response, she
sent a copy to all of them so that they knew that it had come up. She added that if it was an issue that they
needed to talk about, she would then bring it up at the Board Meeting.
Commr. Renick was concerned that upper
level staff in Growth Management acted too much as an advocate of the
developer, and asked the Board their thoughts on that.
Commr. Cadwell stated that they would
not want them to come off as advocates on specific cases, but he pointed out
that sometimes their advice was not what the Board wanted to hear when given a
professional opinion about whether something was bad policy.
Commr. Renick stated that she would
like to have the best way to do the site plan according to the planner
presented to them, rather than some compromise that had been worked out.
Commr. Stewart commented that the
planners got a lot of biased input from the applicant, and that a lot of that
information was untrue, incorrect, or a misrepresentation. She also stated that staff had given biased or
inaccurate answers to some of her questions.
Ms. Hall commented that she should be
able to come to staff and get reliable information, and she would get with her to
look into those incidents.
Commr. Renick was concerned that some
of the planners’ decisions were overridden by upper level staff. She asked how the Board would know what to do
when the planners disagreed.
Commr. Cadwell stated that he thought
if there was any kind of issue, they resolved it by committee, but someone
would have to make the final call, and that person usually was an upper level
person.
Commr. Renick commented that she
appreciated that the County Manager had the financial background, but that she did
not have as much experience as far as growth management, and she wanted more
involvement on the County Manager’s part and for her to be the final word when
there were those issues.
Commr. Stivender pointed out that she
went to Mr. Gregg Welstead, Deputy County Manager, with Growth Management
issues, because he had worked in that department and had the experience to do
that and answer her questions.
Commr. Renick emphasized that she
thought Ms. Hall should be more involved in that.
Commr. Cadwell pointed out to Ms.
Hall that she probably had heard them loud and clear about not being happy with
the issues in that department, but pointed out that outside of that, he was
very happy with everything else in other departments as well as her direction and
what she had been doing.
Ms. Hall stated that she did hear
them loud and clear and would take what they said under advisement. She related that she would take some time to
put careful thought into the situation before she took any action.
Commr. Renick commented that it was a
trust issue with staff.
RECESS AND REASSEMBLY
At 8:50 a.m., the Chairman announced
that the Board would recess for ten minutes.
BOARD MEETING PROCEDURES
Commr.
Cadwell stated that he wanted to talk about how they were doing the Board Meetings. He admitted that he tended to try to move
mundane things along quicker than he should sometimes, but that he would try to
slow down. He also wanted to make sure
that the Commissioners thought they were being heard.
Commr.
Stewart stated that she thought the meetings were going well and that the
Commissioners were working well together.
Commr.
Renick explained the background regarding the problem over the concrete
meeting, relating that she was told by Mr. Sandy Minkoff, County Attorney, that
she would be breaking Sunshine Rules if she came out and explained to the Board
that she wanted just a listening meeting because she knew that the residents
would sue if certain things were not put in place for them. She related that the residents really wanted
to be heard, even though there was not going to be a vote at that time. She explained that her purpose was to try and
get Prestige to agree to a monitoring plan to give the residents
assurance. She noted that she suggested
to the homeowners group that they choose one spokesperson rather than have many
people getting up to speak. She stated
that she thought afterward that it was a total failure, because they did not
avoid a lawsuit as she intended, but she received an e-mail days later from a
resident thanking her and stating that the concrete company explained and
agreed to so much more for the Board than they did for the residents at the
private meetings. She also stated that
she knew that if they did not have an organized session like that, the residents
were going to come and air their grievances during the Citizen Question and
Comment Period.
Commr.
Stewart stated that the citizens had a lot of frustration over the concrete
plant, and she felt that just opening the discussion so that citizens could
have some input helped those residents, which is what they were there for.
Commr.
Hill commented that if they came en masse during the Citizens Comment period,
the Board would have been blindsided and would have had nothing prepared to
present to them to show what they had in place.
Commr.
Cadwell stated that they needed to get to know each other better and know what
their motivations were, and commented that in this case, he did not know what
Commr. Renick’s motivations were. He was
concerned that in general if they exposed and abashed a business that was following
the County’s own rules at a public meeting, it would not give other businesses
a comfort level about the County.
Commr.
Renick pointed out that there was a whole lot behind this situation, and she
thought that the company would be able to see that there were going to be
complaints constantly in the future. She
also stated that there was an educational element to that meeting.
Commr.
Stewart stated that she hoped that would encourage cement plants to be better
neighbors. She also thought that for
years citizens in general had felt left out of the process and felt like they
were not heard.
Commr.
Hill was concerned about citizens who used the Citizen Question and Comment
Period to talk about their own personal agenda or personal life and did not
think that was what they should use that venue for. She was also concerned about an individual
showing personal photographs, advertising, and asking for money. She also talked about the way the Commissioners
were seated and whether they needed some lights, buttons, or additional
equipment to be aware of anyone with questions or comments.
Ms.
Hall stated that one of the things they were currently looking at was all the
electronics down in the Chambers, and she would mention that.
PUBLIC
RECORDS BUILDING IN DOWNTOWN TAVARES
Commr.
Cadwell stated that he had been contacted by the Tavares City Manager about the
Lake County Clerk Public Records Center.
He reported that the City would hear their zoning case before the Board
met again, and they were trying to get some indication from them that
eventually that building would go back on the market. He suggested that they direct staff to look
at the long-range ability to put that back on the market and mentioned that the
City thought it was key to the center of the downtown area. He stated that originally he did not think
that would work, but now that the Sheriff was moving elsewhere, they had some
extra room.
Ms.
Hall commented that they could use the extra money, but stated that they would
need that building until they could actually occupy the courthouse, which would
be about three to four years down the road.
Commr.
Cadwell stated that if they could give staff direction to look at a long-range
plan that would have them out of that building when they got their Certificate
of Occupancy (CO), it would give the City some comfort that they would keep
their campus where it was and that the City could include that into their
commercial activity.
Mr.
Sandy Minkoff, County Attorney, stated that he and Mr. Jim Banon, Facilities
Development and Management Director, would be presenting the rezoning
Wednesday, August 1, and he would like a clear direction of what the Board
would like them to present to the City Council.
He commented that the City wanted a commitment from them stating that
when they moved back into the Judicial Center, they would put that back in
private ownership.
Commr.
Stivender added that next to City Hall was the core of downtown, and they were
working on downtown redevelopment plans for it.
She opined that it would be the appropriate thing to do.
Commr.
Hill brought up that the City had several things that they wanted the Board to
consider, which were the Public Records Building, the roundabout, the greenery
on the garage, and a traffic/pedestrian plan for downtown during the
construction phase so that the businesses could still stay open and customers
could still have access.
Mr.
Minkoff responded that they had accommodated all of those things in the ordinance,
and their plan on August 1 was to have a little more simplified presentation
than they had at the Planning and Zoning Board, since the Council had already
seen most of the information. He
mentioned that Mr. Jim Stivender, Jr., Public Works Director, had a plan for
customer access to downtown businesses.
He stated that the only issue he thought needed to be resolved was
concerning the building.
Commr.
Stivender made a motion to direct staff to go before the City Council to state
that once they had their CO for their Judicial Building, that the Public
Records building would go back to the private sector. Commr. Hill seconded it for discussion.
Commr.
Cadwell asked if the CO for the judicial building was going to be the last
thing.
Mr.
Minkoff stated that he would rather it be a little more general to state that once
they were done with their downtown construction, they would then put the
property on the market.
Commr.
Hill stated that it would depend on what the marked looked like, and they might
want to even put it up for sale prior in anticipation of the completion of the construction,
but not vacate it until construction was completed.
Mr.
Minkoff stated that they actually had people call them to offer to buy it now
and lease it back to the County. He
noted that the value of downtown property was increasing right now and it was
hard to know when exactly the construction would be done.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously
by a vote of 5-0, the Board moved to put the Public Records Building back on
the market once the construction was completed of the downtown government
buildings.
OTHER
BUSINESS
SUNSET
DATES USING A CUP PROCESS
Commr.
Renick brought up having sunset dates on Planned Unit Developments (PUD),
stating that Clermont had Conditional Use Permits (CUP) that directed that
construction had to be within two years or some kind of time limitation. She asked how they could put that in place
now.
Mr.
Minkoff stated that this was a concern that the LPA was currently working on
and that Mr. Brian Sheahan, Senior Planner, was working on some language for
them. He related that the difficulty
under their current LDR and Comp Plan was that the PUD was actually a zoning
district, and a PUD actually changed the zoning of the land. He explained that the County used to do it
the way that Clermont did where the PUD was done through a conditional permit
which expired. He stated that they were
exploring bringing the County back to that.
Commr.
Renick asked if there were any more of those on the horizon, and wanted to
avoid developments waiting for 15 years before initiating construction.
Commr.
Cadwell asked if they could deal with that issue with each PUD without an LDR.
Mr.
Minkoff responded that the only option they had now would be to have a County-initiated
rezoning to take the PUD away and rezone it to something else.
Commr.
Cadwell asked if they could change it for those coming in with a PUD now.
Mr.
Minkoff stated that it could not automatically expire, because in effect, it
was a rezoning, and they would have to rezone the property back.
VENDOR
REGULATIONS
Commr.
Renick stated that a particular vendor had permission from a private property
owner to set up a hot dog cart to serve a construction crew that was building a
development for about seven or eight months or the length of time of
construction. She explained that Code
Enforcement would not let them stay past the 30 day deadline, after they had
spent $50,000 on the vendor cart and equipment.
She wanted to know if they could put something in the Code for those types
of situations to allow the vendor to stay longer in one location while
servicing a construction site. She also
noted that the vendor was suing or thinking of suing the County.
Ms.
Hall asked if this was an issue that they wanted the staff to give a brief
presentation on.
Mr.
Minkoff stated that his office would do research these types of issues. He mentioned that the Board had an ordinance
prepared at one time concerning the temporary vendor issue, which was
defeated. He related that it was a big
issue statewide, and that the trend was to not allow them or to greatly
restrict them. He specified that this
mainly revolved around the auto dealers who sold cars in tent sales.
Commr.
Renick inquired if it was possible to differentiate between a food vendor and
someone who took away business from a car dealership.
Mr.
Minkoff stated that it might be feasible to do that, and suggested that the
particular vendor they were discussing could become permanent and get a site
plan approval. He commented that it was
a very complex issue, with people having strong feelings about both sides of
the issue. He stated that they could
change the 30 day time limit to 90 days, 180 days, or six months; but if they did
that, some nearby restaurants would be unhappy with it.
Ms.
Hall stated that she wanted direction on whether they wanted them to look at
some options and come back to the Board with some ideas.
Commr.
Renick stated that if it had been working fine the way it was, she would drop
it.
Mr.
Minkoff commented that through the years, he did not remember that there had
been a large number of those issues.
Commr.
Renick inquired whether they could make exemptions when someone had been misled
by a government entity.
Mr.
Minkoff stated that paying compensation to people was a better way to remunerate
for the damage they caused them than to try to make exceptions to the Code.
Commr.
Cadwell stated that they should bring this back at the next meeting.
Commr.
Hill commented that they made sure not to do any harm to agriculture interests,
but she thought that the car dealership was in an entirely different
realm. She stated, however, that it
would depend on whether the businesses were local or not.
DOWNTOWN
CONSTRUCTION PROJECTS
Commr.
Hill related that they sent out another Request for Proposal (RFP) to change
the construction company, and she would like the names of the companies brought
back to the Board as soon as they possibly could do that, because she was
concerned that choosing another construction company would slow the process of
the downtown projects.
Ms.
Hall gave the Board an update of that, specifying that a selection committee
met, heard presentations from the three firms that were shortlisted, and
selected PPI as the construction manager.
She stated that at this point, the company was looking for the insurance
that was required, and once all that was ironed out, they would anticipate
bringing back the contract to the Board for approval.
Mr.
Minkoff commented that PPI had been attending the zoning hearings. He also mentioned that Beef O’ Brady’s asked
to extend the time before they would have to leave from September 1 to
September 13, because they had a new store opening in the Villages. He reported that he would bring an item for
the Board’s approval that would let them stay for an extra two weeks. He also related that he received a letter
from Mr. Fred Belton’s lawyer stating that he heard the County gave Beef O’
Brady’s two weeks and also asked for two weeks.
He asked the Board for direction on how to respond to him.
Commr.
Cadwell commented that it should be alright, as long as it was no longer than
two weeks.
Commr.
Hill inquired about opening up the parking on that property.
Ms.
Hall stated that they were looking at two additional parking areas, one behind
the jail in an enclosed area where the Sheriff was having his staff park and
the other behind Ruby Street in an area that was not yet under construction
Mr.
Minkoff added that the County had to pay compensation to use the Ruby Street
location, but they were willing to allow the County to use it up to two years
on a temporary basis. He also stated
that they could probably get about 300 spaces there while the construction was
going on downtown.
IMPACT
FEE PROCEDURES
Commr.
Hill stated that she wanted to discuss the impact fee procedure. She related that they had taken information
on both impact fees to the Impact Fee Committee and had taken the
transportation one to MPO. She inquired
whether they went to the Planning and Zoning Committee.
Mr.
Minkoff stated that there was nothing in the Code that would require them to go
to any other advisory committee.
Commr.
Renick thought they were going to hear the school impact fees first.
Mr.
Minkoff stated that they had a copy of the draft, but he believed it was being
presented to the School Board on August 27, so they did not think it would come
to the Board until October. He noted
that the school impact fees would be presented again to the Impact Fee Committee
in September.
Commr.
Hill commented that there must have been a substantial change made to that
one. She also noted that they did not
want transportation to be held up until after October.
BUDGET
AND GIS ISSUES
Ms.
Hall stated that there would be a Budget Workshop on August 14, and the Board
would be receiving an Agenda regarding different things that they were aware of
that had come up or any changes that the Board would like to make to the
Budget.
Commr.
Hill stated that they had voted to move GIS out of Growth Management, and asked
whether it could be set up as an enterprise fund.
Mr.
Minkoff stated that it was a public records problem, and that unfortunately the
law only allowed that department to charge the cost of the copy, unless it took
an inordinate amount of time or computer resources. He reported that the legislature created a
public records committee this year and that there was a lot of emphasis being
placed on electronic records. He commented that the trend he saw was making them provide more
for free than to charge more.
Commr.
Stivender commented that Public Works was getting revenue from the maps and
books created by GIS, even though it was a reasonable cost.
Commr.
Hill commented that that was a department that would be getting more expensive,
because it was a high tech service.
PARKING
OF COUNTY VEHICLES
Commr.
Stivender stated that the eight County buses that were parked at Lifestream
needed to be out of there by the end of the year, and they were trying to find
a place to temporarily park those until they found a facility to handle
it. She related that they got staff
together and came up with a temporary parking area out of the landfill, which had
plenty of land for it. She stated that
staff informed her that they had to do a site plan review and go through that process. She also stated that she did not understand
why they could not do that on property that the County owned on a temporary
basis. She was also concerned that if
they were not allowed to park at the landfill site, they would have to spend
additional money for parking.
Mr.
Minkoff explained that going through the process correctly would avoid a lot of
problems that she might not realize would arise, and if they did not follow the
rules, sometimes they fell into a trap and did something that would not be
allowed. He opined that usually the
rules were not that burdensome to have to go through. He added that if it was an emergency
situation and they absolutely had to do something, they usually could work out
an accommodation somewhere.
Ms.
Hall assured the Board that they would look into it further.
FORGIVENESS
OF DEBTS BETWEEN DEPARTMENTS
Commr.
Hill was concerned about debt forgiveness she had noticed throughout the budget
book between departments and wanted to know if that was a policy that they were
going to currently have.
Commr.
Renick stated she had the impression that they would have to pay it back.
Ms.
Hall stated that the one she was aware of was the parks borrowing from
stormwater, and in that case, they were requesting not to have to pay that back
as far as the proposed budget was concerned.
Commr.
Stivender stated that she thought it was only done in the engineering and
stormwater departments.
Commr.
Hill noted that there was borrowing from the Commerce Park, and as a member of
the Economic Development Commission (EDC), she needed that money to help promote
business and look at incentive packages.
She also mentioned that she thought there was some money borrowed from
Solid Waste. She inquired whether the
money got paid back.
Commr
Stivender stated that she believed it got paid back.
Ms.
Hall stated that the intent was to pay back the money to the Commerce Park.
Commr.
Cadwell commented that the stormwater one was not a loan and that there was
stormwater work done, so they requested stormwater funds.
Commr.
Hill commented that was fine, if it really pertained to that. She also mentioned an example of one that
pertained to an Advanced Life Support (ALS) situation regarding a fire, where
$1.4 million was borrowed. She further
clarified that they had paid for ALS from funds that they should not have, so
they needed to pay that back.
Mr.
Minkoff stated that it was probably a reaction to a North Lauderdale case where
they were using assessments for ALS.
Ms.
Hall stated that she would look into that and other forgiveness of debt
situations.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 10:30 a.m.
__________________________________
WELTON
CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK