A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
december 1, 2009
The Lake County Board of County Commissioners met in regular session on Tuesday, December 1, 2009 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Welton G. Cadwell, Chairman; Elaine Renick, Vice Chairman; Jimmy Conner; Jennifer Hill; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Brenda Law, Deputy Clerk.
INVOCATION
Pastor Brooks Braswell from the First Baptist Church of Umatilla gave the Invocation and led the Pledge of Allegiance.
nomination for chairman and vice chairman of the board of county commissioners
Commr. Stewart stated that Commr. Cadwell has done an outstanding job this past year and is affiliated with all of the various organizations throughout the state; therefore, she recommended that he be reappointed as Chairman of the Board for the 2010 year.
Commr. Conner noted that Commr. Cadwell’s leadership has caused him to change his opinion that the same person should not serve consecutively as Chairman. He commented that Commr. Cadwell has great talent and skill as Chairman.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board reappointed Commr. Cadwell as Chairman of the Board of County Commissioners for 2010.
Commr. Conner stated that Commr. Hill does not want to be the Vice Chairman based on past minutes and nominated Commr. Renick as Vice Chairman.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed Commr. Renick as Vice Chairman of the Board of County Commissioners for 2010.
Agenda update
Ms. Melanie Marsh, Acting County Attorney, stated that she wanted to add to the Agenda, under County Attorney’s Reports, an issue regarding Niagara which will require a vote.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved adding the said item to the Agenda.
Commr. Cadwell stated that he had two items to add under his business but neither item would require a vote.
Commr. Conner stated that he had an item he would like to add to the Agenda, under his business.
MINUTEs APPROVAL
Commr. Renick stated that Line 11, Page 2 of the November 2, 2009 minutes should be per ten acres instead of per acre.
On a motion by Commr. Renick, seconded by Commr. Stewart, and carried unanimously by a 5-0 vote, the Board approved the Minutes of October 27, 2008 (Regular Meeting) as presented, the Minutes of November 2, 2009 (Special Meeting) as corrected, and the Minutes of November 5, 2009 (Special Meeting) and November 9, 2009 (Special Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Renick, seconded by Commr. Stewart 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.
City of Clermont Ordinance No. 622-M
Request to acknowledge receipt of City of Clermont Ordinance 622-M which annexes a parcel of land into the city limits of Clermont and was adopted by the Clermont City Council on October 27, 2009.
Lady Lake Ordinances
Request to acknowledge receipt of Town of Lady Lake Ordinances as follows:
Ordinance No. 2009-17
Ordinance No. 2009-18
Ordinance No. 2009-19
Ordinance No. 2009-20
Ordinance No. 2009-21
Ordinance No. 2009-22
Ordinance No. 2009-23
Ordinance No. 2009-25
Ordinance No. 2009-26
Water Resource Development Work Program
Request to acknowledge receipt of draft Five-Year Water Resource Development Work Program.
Lake County Water Authority Board of Trustees Meeting Schedule
Request to acknowledge receipt of the Lake County Water Authority Board of Trustees meeting schedule for 2010. All meetings will take place in the Lake County Administration Building, Board of County Commissioners’ Chambers unless otherwise noted as location to be determined.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 27 as follows:
Budget
Request for approval of Check Request (Direct Pay).
Community Services
Request for approval and authorization for the Chairman to sign the FY 2009-10 CDBG Partnership Agreement between the City of Tavares and the County in an amount not to exceed $73,700, granting the Town CDBG funds to make improvements to Aesop’s Park, and to direct the Growth Management Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
Request for approval and authorization for the Chairman to sign the Fifth Amendment to the FY 2005-06 Community Development Block Grant (CDBG) Partnership Agreement between the Forest Hills Association and the County.
Conservation and Compliance
Request for approval of Satisfaction and Release of Fine, Property Owner: Charles B. Dorsey, Case # CEB 193-99.
Employee Services
Request for approval of the updated Furlough Policy.
Fiscal and Administrative Services
Request for approval of a contract modification with Xerox Corporation for the
Document Services high volume color printer.
Public Resources
Request for approval to advertise for bids for the partial construction of the P.E.A.R Park entry road and part of the inner Park road at an estimated cost not to exceed $200,000.00.
Request for approval to use “out of session” operating hours for Cooper Memorial Library when classes are not in session at Lake-Sumter Community College.
Request for approval to procure and install security lighting throughout Sorrento Park.
Public Works
Request authorization to release a letter of credit for maintenance in the amount of $11,809.50 posted for Garrett Place. Garrett Place consists of 10 lots and is located in Section 31, Township 18 South, Range 26 East.
Request to advertise for bids for CR-44 at the Intersection of CR-19A project (FPN 422419-1-58-01) at an estimated cost of $347,000.00 from the Federal/State Grants Fund.
Request for authorization to award the CR-455 American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-03, Bid No. 10-0007, FPN No. 426261-1-58-01, to D.A.B. Constructors, Inc. in the amount $271,811.01 and expend $271,811.01 from the Federal/State Grants – LAP Projects Fund. Also request authorization to expend $46,700.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the CR-474 American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-04, Bid No. 10-0008, FPN No. 426262-1-58-01, to D.A.B. Constructors, Inc. in the amount $1,548,906.80 and expend $1,548,906.80 from the Federal/State Grants – LAP Projects Fund. Also request authorization to expend $155,900.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the Lakeshore Drive American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-05, Bid No. 10-0009, FPN No. 426300-1-58-01, to D.A.B. Constructors, Inc. in the amount $33,175.80 and expend $19,030.00 from the Federal/State Grants – LAP Projects Fund, and $14,145.80 from the Renewal Sales Tax Capital Projects-Resurfacing Fund.
Request authorization to award the Lake Griffin Road American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-02, Bid No. 10-0006, FPN No. 426259-1-58-01, to D.A.B. Constructors, Inc. in the amount $150,575.18 and expend $150,575.18 from the Federal/State Grants – LAP Projects Fund. Also request authorization to expend $31,500.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the CR-466A American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-06, Bid No. 10-0010, FPN No. 426302-1-58-01, to D.A.B. Constructors, Inc. in the amount $131,904.21 and expend $131,904.21 from the Federal/State Grants – LAP Projects Fund. Also request authorization to expend $24,800.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the CR-19A American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-07, Bid No. 10-0011, FPN No. 426312-1-58-01, to D.A.B. Constructors, Inc. in the amount $48,346.40 and expend $18,837.00 from the Federal/State Grants – LAP Projects Fund, and $29,509.40 from the Renewal Sales Tax Capital Projects-Resurfacing Fund.
Request authorization to award the CR-42 American Recovery and Reinvestment Act of 2009 (ARRA) Project, FPN No. 426314-1-58-01, and the CR-42 Paved Shoulders Local Agency Program (LAP) Project No. 2010-08, Bid No. 10-0012, FPN No. 416988-1-58-01 to Hubbard Construction Company in the amount $1,227,332.85 and expend $1,227,332.85 from the Federal/State Grants – LAP Projects Fund. Also request authorization to expend $84,250.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the Eagles Nest Road American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-09, Bid No. 10-0013, FPN No. 426315-1-58-01, to D.A.B. Constructors, Inc. in the amount $130,010.16 and expend $104,008.16 from the Federal/State Grants – LAP Projects Fund, and expend $26,002.00 from the Renewal Sales Tax Capital Projects-Resurfacing. Also request authorization to expend $23,200.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the Goose Prairie Road American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-10, Bid No. 10-0014, FPN No. 426316-1-58-01, to D.A.B. Constructors, Inc. in the amount $128,915.72 and expend $128,915.72 from the Federal/State Grants – LAP Projects Fund. Also request authorization to expend $23,400.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund.
Request authorization to award the CR-448 American Recovery and Reinvestment Act of 2009 (ARRA) Project No. 2010-11, Bid No. 10-0015, FPN No. 426313-1-58-01, to D.A.B. Constructors, Inc. in the amount $1,577,144.44 and expend $168,328.29 from the Federal/State Grants – LAP Projects Fund, $1,061,109.26 from the Renewal Sales Tax Capital Projects-Roads/PW Fund, and $347,706.89 from the Road Impact Fee Benefit District 2 Fund. Also request authorization to expend $41,400.00 for Construction Engineering and Inspection (CEI) Services from the Federal/State – LAP Projects Fund, and approval a budget transfer of $1,061,110.00 from Renewal Sales Tax Capital Projects-Roads/PW Reserve to Renewal Sales Tax Capital Projects – Roads/PW Infrastructure/Construction.
Request approval and signature on Resolution No. 2009-182 authorizing the posting of speed limit signs on Crescent Dr (5910) in Commission District 1, Section 2, Township 19, Range 24.
Request approval and signature on Resolution No. 2009-183 authorizing the posting of speed limit signs on Bay Av (3108A) from CR 470 to 4th St, in Commission District 3, Section 15, Township 20, Range 24.
Request approval of a Resolution No. 2009-184 authorizing the posting of "No Parking or Stopping" signs on both sides of Excalibur Rd (1248B) in the area of East Ridge High School and East Ridge Middle School. Section 28, Township 22, Range 26.
Request approval and execution of Agreements and City Annexation Petition with the City of Clermont for the annexation and transfer of jurisdiction and maintenance for a portion of a County maintained roadway known as Steves Rd. (#1248).
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Renick, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tab 28 as follows:
Request for approval of a 60-Day Extension to the Due Diligence Period regarding the Agreement between Lake County and the City of Clermont relating to the Clermont Sprayfield Property and authorize County Manager and County Attorney to execute Amendment.
employee awards
The Chairman presented the following Employee Awards with Ms. Kasie McAdams, Employee Services, commenting briefly about each employee’s service to the County:
Five Years
John R. Bennett, Firefighter/EMT
Public Safety/Fire Rescue
Stephanie Glass, Teen Court Coordinator
Conservation & Compliance/Probation Services/Teen Court
Thomas Merchant, Library Services Director
Public Resources/Library Services
Ten Years
Denis Dietz, Traffic Operations Supervisor
Public Works/Road Operations/Signs, Signals & Striping
Jeff Johnson, Construction Inspection Manager
Public Works/Funding & Production
Fifteen Years
Larry Duke, Land Records Manager
Information Technology/Geographic Information Services
Dorothy Jackson, Emergency Management Specialist
Public Safety/Emergency Management
Anne Lanier, Office Associate III
Community Services/Veterans Services
The Chairman presented the following Employee Award with Mr. Daryl Smith, Director of Environmental Utilities, commenting briefly about Mr. Bramlett’s service to the County.
Twenty Years
Gerald Bramlett, Mosquito Control Inspector
Environmental Utilities/Mosquito & Aquatic Plant Management/Mosquito Management
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
procurement services
award rsq 09-0034 for waste to energy monitoring to malcolm pirnie
Mr. Daryl Smith, Director of Environmental Utilities, requested that the Board award RSQ 09-0034 On-Call Engineering for Waste to Energy Monitoring to Malcolm Pirnie. He reported that only three of the five quotes received were qualified to perform this specialized service. He stated that staff recommended Malcolm Pirnie due to past experience with the facility.
Commr. Cadwell commented that Malcolm Pirnie has a lot of knowledge of the County facility and has done an excellent job in the past.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 29, the request from Procurement to award RSQ 09-0034, On-Call Engineering for Waste to Energy Monitoring to Malcolm Pirnie.
public works
land purchase of 27.5 acres for the c470/c48 Road project
Mr. Jim Stivender, Director of Public Works, requested that the Board approve and execute a purchase agreement with Diamondback Land Company for the purchase of 27.5 acres of land to be used as mitigation land for the CR 470/CR 48 Project in the Leesburg area. He displayed on the monitor a map of the area and identified CR 470 located southwest of Leesburg, Griffin State Park, Picciola Bridge and the proposed wetlands to be purchased as mitigation land. He explained that the Federal Department of Environmental Protection and Florida Department of Environmental Protection (FDEP) require mitigation land for any impacted wetlands of 20:1, and noted that the County is impacting 1.36 acres of wetlands. He stated that the mitigation bank for Lake County is currently located in Polk County. He noted that the St. John’s Water Management District approved this land for use as mitigation land for the CR 470/CR 48 road project.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved Tab 30, a request from Public Works to approve and execute a purchase agreement with Diamondback Land Company for the purchase of 27.5 acres of land for the CR 470/CR 48 project in the Leesburg area.
public hearing
landscape ordinance
Ms. Melanie Marsh, Acting County Attorney, stated that Tab 31 would be Ordinance No. 2009-62. She then placed the proposed Ordinance on the floor by title only, as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA; AMENDING THE LAKE COUNTY CODE APPENDIX E LAND DEVELOPMENT REGULATIONS; RENUMBERING AND AMENDING s.3.11 RELATING TO NONCONFORMING DEVELOPMENT; DELETING SURPLUS NONCONFORMING PROVISIONS OF S. 6.13; ADDING DEFINITIONS TO CHAPTER II; REPEALING AND REWRITING IN ITS ENTIRETY s 9.01 LANDSCAPING AND SITECLEARING STANDARDS; PROVIDING FOR PURPOSE, GENERAL REQUIREMENTS AND EXEMPTIONS; PROVIDING FOR WATERWISE AND FLORIDA FRIENDLY LANDSCAPING; PROVIDING GENERAL LANDSCAPING REQUIREMENTS; PROVIDING LANDSCAPE BUFFER REQUIREMENTS; PROVIDING INTERNAL LANDSCAPING FOR PARKING AREAS AND OTHER SITE AREAS; PROVIDING LANDSCAPE REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL AND DUPLEXES; PROVIDING FOR PROHIBITED PLANT SPECIES; REPEALING AND REWRITING IN ITS ENTIRETY s 9.02 TREE PROTECTION; PROVIDING FOR TREE PROTECTION; PROVIDING FOR PROTECTED TREES; REQUIRING A TREE REMOVAL PERMIT; PROVIDING EXEMPTIONS TO TREE REMOVAL PERMIT REQUIREMENTS; PROVIDING CRITERIA FOR ISSUANCE OF TREE REMOVAL PERMITS; PROVIDING TREE REPLACEMENT REQUIREMENTS; PROVIDING FOR LOCATION OF TREE REPLACEMENT SITES; PROVIDING FOR VOLUNTARY PLANTING; PROVIDING REGULATIONS FOR HISTORIC TREES, SPECIMEN TREES, AND HERITAGE TREES; PROVIDING FOR TREE PRODUCTION DURING CONSTRUCTION; AMENDING CHAPTER 14 ADMINISTRATION; AMENDING s 14.07.05 TO ADD LANDSCAPE REQUIREMENTS; AMENDING s 14.07.06 REGARDING ISSUANCE OF A CERTIFICATE OF OCCUPANCY; AMENDING s 14.08.00 REGARDING GUARANTEES AND SURETIES; AMENDING s 14.09.01 SITE PLAN SUBMITTAL REQUIREMENTS; AMENDING s 14.10.02 MASTER PARK PLAN SUBMITTAL REQUIREMENTS; AMENDING s 14.14.01 DEVELOPMENT PERMITS; AMENDING s 14.14.04 TREE REMOVAL PERMITS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
Mr. Brian Sheahan, Director of Planning and Community Design, stated that this Ordinance represents the changes that were made during multiple workshops with the Board. He clarified that the approval of the Ordinance would include the adoption of the Plant List, which matches the State guidelines.
The Chairman opened the public hearing.
Ms. Nadine Foley, Local Planning Agency (LPA) member and President of the Lake Beautyberry Chapter of the Florida Native Plant Society, requested that the Board consider including a diversity policy under section 9.01.04 “General Landscaping Requirements” as was originally submitted by the LPA. She stated that species diversification is the current scientific method of preventing and controlling disease infestation.
Mr. Keith Truenow, President of Lake Jem Farms, expressed his appreciation to the Board of County Commissioners and staff for working with the public and the Florida sod growers on the proposed landscape ordinance. He submitted a letter to the Board addressing a few points about the ordinance and stated that he anticipated working with the County in the future.
Mr. George Hansford, Lake County Home Builders Association, commended staff for making some changes that made the ordinance less onerous and informed the Board of the impacts of this ordinance on jobs and the cost of housing. He requested that the Board deny the ordinance as proposed. He further requested that if the Board approved the ordinance that they would exempt single family homes from having to comply with this ordinance.
Mr. John Pospisil stated that he sent a letter last week outlining his position on the landscape ordinance. He asked the Board to consider adding diversification language to this ordinance.
Mr. Jim Bible, Showcase Homes, requested that the Board eliminate the buffer requirement in residential areas, allow for consideration in certain situations and allow for the installation of privacy fences instead of landscape in an effort to conserve water. He described one of his projects which has 117 lots on 40 acres and discussed the impacts this ordinance would have had on this project. He commented that this ordinance would increase the homeowner’s maintenance costs and add approximately $2,000 to the cost of a home. He commented that it is imperative for staff to host a workshop with the home builders to clarify the single family home application process.
Mr. Tim Green, President of Green Consulting Group, registered landscape architect since 1982, thanked the Board and staff for working with him during this process and for incorporating some of his comments. He asked for clarification on the installation and location of the required buffer and commented on the diversification policy.
Commr. Renick stated that she has spoken with a couple of landscape architects and opined that the trees along the road should be made part of the individual lots, installed at the time of home completion, instead of being part of the buffer and would be the property owner’s responsibility to maintain said trees.
Mr. Brian Sheahan clarified that Page 44 of the proposed Ordinance includes a provision that allows for a delay of installation of required landscaping for up to four years due to complaints of vacant subdivisions.
Commr. Renick stated that her concern is whether or not the landscape buffer would actually be a part of the lot and the resident’s responsibility or the homeowners association. She commented that there should be separate requirements for the homeowner lots and the buffer.
Mr. Sandy Minkoff, Interim County Manager, stated that this issue was a requirement from the Local Planning Agency (LPA). He commented that deleting Subparagraph 5, Line 14, Page 21 would address Commr. Renick’s concern.
Mr. Sheahan clarified that the provision states that the buffer shall be placed in a separate tract or an easement, to be determined by the developer.
Commr. Cadwell asked if the County should anticipate problems with code enforcement if subparagraph 5 is deleted.
Mr. Minkoff stated that it would not make a difference if code enforcement was citing the property owner or the homeowners association.
Commr. Cadwell confirmed that Subparagraph 5, Line 14, Page 21 should be deleted.
Ms. Melanie Marsh, Acting County Attorney, asked that the Board make a separate motion for any changes to the Ordinance.
Ms. Linda Nagel opined that this ordinance may have been created with good intention but is taking away the options of the property owner and dictating how their money is being allocated. She commented that as a result of this ordinance there will be a reduction in the amount of people who can purchase a home.
There being no further individuals who wished to address the Board, the Chairman closed the public hearing.
Commr. Renick addressed the comments about hindering jobs, stating that jobs in industries other than homebuilding may be created by this ordinance.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0; the Board deleted Subparagraph 5, Line 14, Page 21 of the Landscape Ordinance.
Commr. Renick commented that the ratios in the last two paragraphs of Page 31 should be increased in an effort to deter tree removal. She suggested the percentage in Subparagraph A, Line 45, Page 33 should be increased as well.
Commr. Cadwell stated that philosophically he agrees with creating a deterrent for tree removal but asked how to solve the problem when there is not enough room on the lot for required replacement trees.
Commr. Renick remarked that the replacement trees could be planted elsewhere in parks and other places when there is not enough room on the lot. She noted the situation where trees were planted at PEAR Park because of what happened at Royal Highlands. She suggested removing the last sentence of the last paragraph, Line 47 & 48, Page 31 to allow for the replacement trees to be planted elsewhere.
Mr. Sheahan recommended doubling the ratios on Page 31 from 1.25:1 to 2.5:1 and from 1:1 to 2:1, and replacing the last three words from the last sentence of the last paragraph of Page 31 with pursuant to Section 9.02.07. He stated that Section 9.02.07 provides what the maximum landscaping that can be installed on the lot will be and if it is not possible, it provides the option of doing it in a common area or on public lands.
Commr. Renick opined that these changes should incentivize people to keep existing trees.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1, the Board changed the ratios on Line 40, Page 31 from 1.25:1 to 2.5 to 1; Line 42, Page 31 from 1:1 to 2:1, and changed the last three words of the last sentence, Line 47, Page 31 from “on the property” to “pursuant to Section 9.02.07.”
Commr. Hill voted “no.”
Commr. Renick recommended including the diversity requirement in the ordinance. Commr. Stewart opined that the diversity requirement is important to the health of flora and fauna.
Commr. Conner asked why the change was made on the original diversity requirement.
Mr. Sheahan reported that staff received feedback from landscape architects on the LPA’s originally proposed language stating that it was difficult to implement. He stated that staff supports adding the diversity requirement to the ordinance and presented on screen a few different options for that language.
Commr. Cadwell asked what feedback staff has received from the landscape architects on the options presented today.
Mr. Sheahan commented that the language presented today is standard and has been vetted by landscape architects. He explained that most of the jurisdictions require fifty percent diversity whereas others require one-third or twenty-five percent. He stated that there is an increased cost and the plants are more difficult to find with increased diversity.
Commr. Cadwell suggested fifty percent diversity.
Commr. Stewart suggested option B.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1, the Board accepted the staff recommendation of option B for increasing the diversity and inserting that language in Section 9.01.04 to the ordinance.
Commr. Hill voted “no.”
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1, the Board changed the percentage on Line 45, Page 33 from thirty-three percent to fifty percent.
Commr. Hill voted “no.”
Commr. Renick specified that this ordinance is for new development and acknowledged that new development is going to look different than old development. She commented that the ordinance is not as strict as she would have preferred, but opined that it is a compromise. She noted that item number three and item number seven on Page 7 were redundant, and suggested eliminating item seven.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1, the Board deleted item number seven, Line 6, Page 7 of the ordinance.
Commr. Hill voted “no.”
Commr. Renick stated that the first sentence of the first paragraph of number five under Section 9.01.04 on Page 9 is contradictory to the last sentence of the second paragraph.
Mr. Sheahan agreed that the statements appear to be contradictory; however it was intended to allow for the installation if the proper precautions were taken.
Mr. Sandy Minkoff, Interim County Manager, stated that staff agrees that the second sentence should be deleted.
On a motion by Commr. Renick, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board deleted the last sentence of the second paragraph, Lines 40 to 41, on Page 9 of the ordinance.
Commr. Stewart stated that the Board has been dedicated to preserving and increasing jobs in Lake County. She opined that this ordinance is an important and necessary step for water conservation and the preservation of jobs in the future.
Commr. Conner agreed with the comments about the importance of water conservation and stated that irrigation is the number one use of water. He commented that he understands the public’s fear of government over reach but opined that the Commission, staff and the local business partners have worked well together to create a well balanced ordinance. He noted that the Chairman had initiated a financial evaluation to review the impacts of this ordinance.
Commr. Hill commented that she was not going to support this ordinance because she felt that it was supposed to be an educational guide about water conservation for businesses and homeowners. She opined that this is an onerous document with too many regulations and penalties. She commended Growth Management for the work they have done on this ordinance. She stated that the once a week watering restriction by the St. Johns may not be enough watering to maintain the landscaping required in this ordinance.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried by a vote of 4-1, the Board approved Landscape Ordinance No. 2009-62 with changes.
Commr. Hill voted “no.”
Mr. Minkoff expressed his appreciation to Brian Sheahan, Director of Planning and Community Design; Grant Wenrick, Planning and Community Design; and Gregg Welstead, Director of Conservation and Compliance; for the time and hard work they dedicated to this project.
REPORTS – COUNTY ATTORNEY
Ms. Melanie Marsh, Acting County Attorney, stated that there is a motion for attorney fees by Niagara pending against the County and reported that the discovery request includes a request for copies of the closed session transcripts for November 25, 3008, January 13, January 20, January 27 and February 17, 2009. She noted that she has reviewed the transcripts along with the County’s outside counsel, Nabors, Giblin and Nickerson. She requested that the Board approve the release of these transcripts as it would helpful in the County’s defense of the motion for attorney fees.
On a motion by Commr. Conner, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the release of the closed session transcripts for November 25, 2008; January 13, 2009; January 20, 2009; January 27, 2009; and February 17, 2009.
REPORTS – COUNTY MANAGER
Mr. Sandy Minkoff, Interim County Manager requested the approval for payment of the annual dues for the St. Johns River Alliance totaling $5,000.00. He reported that this was not budgeted and would need to be paid out of the contingency fund, since the County has not received an invoice for a couple of years.
Commr. Hill commented that the goals of the St. Johns River Alliance appear to be related to marketing for tourism. She stated that it was her understanding that the County’s intention in helping this alliance was to grow attention to the importance of the St. Johns River and keeping it clean. She suggested funding this item through the County’s tourism budget if funds are available.
Commr. Cadwell, as liaison for this Alliance, stated that the Alliance does a lot of great work and is focused on educating people of the importance of the St. Johns to the State of Florida. He reported that the Alliance has started a campaign to obtain a license plate in an effort to raise additional funding for the river.
Commr. Renick commented that it appears to be in line with the stand this Commission has taken on the importance of the St. Johns River.
Commr. Stewart stated that she supported this item and noted that one of the goals of the Alliance is to develop a thirteen county water conservation plan.
Commr. Cadwell stated that he would be happy to have the Alliance make a presentation to the Board.
Commr. Stewart opined that anything that brings recognition to the St. Johns and the value of its preservation is important.
Commr. Hill agreed about the importance of preserving the St. Johns but noted that the information provided does not outline that as being one of its priorities.
On a motion by Commr. Renick, seconded by Stewart and carried by a vote of 4-1, the Board approved Tab 32, a request from the County Manager to approve the payment of the annual dues to the St. Johns River Alliance totaling $5,000.00 and to be paid from the contingency funds.
Commr. Hill voted “no.”
REPORTS – COMMISSIONER HILL – VICE CHAIRMAN AND DISTRICT 1
simulation motion technical conference
Commr. Hill reported that she attended the Simulation Motion Technical Conference yesterday. She stated that there was a lot of information and wished that some of the County staff had attended. She noted that she pursued a few economic development leads that were interested in coming to Lake County. She opined that it was an excellent conference and was very technically evolved.
reports – commissioner conner – district 3
local planning agency
Commr. Conner stated that he has been considering a previous suggestion by Commr. Cadwell to combine the Local Planning Agency (LPA) and the Zoning Board. He asked the Chairman to repeat his previous suggestion.
Commr. Cadwell stated that when this issue was mentioned before, it was stated that the majority of the work was completed and that any entity could be designated as the LPA. He suggested reassigning the duties of the LPA to the current Zoning Board.
Commr. Conner requested that the Board add this matter to the Agenda for discussion and a vote.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board voted to add this item to the agenda for discussion and a vote.
Commr. Conner stated that he had great respect for the LPA but opined that it would be more efficient and effective to sunset the LPA and that the current Zoning Board would assume the duties of the LPA while working with staff on the Land Development Regulations (LDRs).
Commr. Cadwell asked the County Attorney for direction on this process.
Commr. Renick confirmed with Commr. Conner that it is his intent to sunset the LPA and combine them with the Zoning Board.
Commr. Cadwell stated that the Zoning Board was responsible for the LPA duties in the past.
Ms. Melanie Marsh, Acting County Attorney stated that the County Attorney’s Office will prepare an ordinance, advertise it and then present it to the Board at the next possible meeting, no later than the first meeting in January 2010.
Commr. Cadwell confirmed with the County Attorney that the duties of the LPA would just be assumed by the current Zoning Board.
Commr. Renick asked the County Attorney if there were any legal concerns with only having one entity.
Ms. Marsh explained that the Board has to designate a group as the LPA, and that they could designate themselves if they so chose. She confirmed that a few years ago the Zoning Board was responsible for the LPA functions.
Commr. Conner remarked that his decision for this recommendation is based on discussions with staff and the fact that the County does not have the luxury of time in the development of the LDRs.
Commr. Stewart expressed concern over some recent recommendations by the Zoning Board that did not adhere to the County’s Comprehensive Plan.
Commr. Conner stated that he understood her concerns but explained that the Board is the final authority, and if the Zoning Board makes a bad recommendation, the Board will correct it.
Commr. Cadwell stated that the motion is to create an ordinance sunsetting the LPA and delegating the LPA duties to the Zoning Board.
Commr. Renick noted that the Board has time to give this matter more consideration because it is going to be presented to the Board at a future meeting.
Commr. Hill stated that she spoke with Mr. Minkoff a few weeks ago, and there was some concern regarding the timing of this action because the LPA had some outstanding items.
Mr. Minkoff explained that there are not any lingering duties for the LPA because the Comprehensive Plan is now being advertised. He reported that the LPA’s meeting for this month has been cancelled.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board voted to create an ordinance to sunset the LPA and delegate the LPA duties to the current Zoning Board.
REPORTS – COMMISIONER CADWELL – CHAIRMAN AND DISTRICT 5
Covanta Meeting
Commr. Cadwell reported that the first Covanta meeting went well and that another meeting will be scheduled within the next month. He stated that it was explained to Covanta that the County was in the process of creating an in-house committee that would meet with them at a later date. He commented that the Board needs to recruit people for this committee. He reported that there were approximately seven other counties involved.
Commr. Conner commented that the County is going to be in a much better position for negotiating in 2014.
Commr. Cadwell noted that Covanta was informed during the last meeting that the County wanted to work with them but was reserving the right to walk away.
green fair
Commr. Cadwell commended the Green Team for doing a great job with the Green Fair. He directed staff to arrange for the Green Team to attend a future meeting so the Board could recognize them for their efforts. He reported that the Green Fair was a success with more vendors and residents than last year.
staff appreciation
Commr. Cadwell stated that the Commission usually does something to express their appreciation to the office staff. He asked the Board to check their calendars for December 15, 2009 after the meeting.
upcoming meetings
Commr. Hill reminded the Board to mark their calendars to attend the Leadership meeting and roundtable.
Mr. Minkoff stated that the Leadership meeting is scheduled for next Wednesday, December 9, 2009. He noted that next Tuesday the Board is scheduled to attend a retreat in the morning and a public hearing in the afternoon.
Commr. Renick recommended that the other commissioners attend the Leadership meeting.
Commr. Cadwell informed the Board that the Senate called a special session to vote on the Sunrail on next Wednesday.
CITIZEN QUESTION AND COMMENT PERIOD
Mr. Vance Jochim stated that he writes a blog on fiscal issues related to government and commented on the fiscal oversight related to county operations. He expressed concern with the approval of the Economic Development Commission (EDC) contract for $300,000. He stated that 30 years ago he worked for the County of Los Angeles in charge of the concession audits for the county buildings, cafeterias, golf courses and many other locations including Marina Del Ray. He commented that Los Angeles focused on including business like provisions and audit clauses in their contracts. He commented that he was concerned about the treatment of tax dollars and opined that due to the lack of a four year college and other major organizations, he was going to have to educate the Board. He presented the County Manager with a copy of the book, “Management” by Peter Drucker. He stated that he has been impressed with Mr. Stivender’s management of the Public Works Department. He expressed concern that the County’s engineer, PSI, did not require companies to submit references for the highway program bids and that DAB Contractors was selected for this program. He stated that DAB Contractors performed the Highway 441 construction that took over three and half years and noted his concern with their ability to meet time deadlines. He announced that he was going to run for County Commission District 4. He opined that the County has a lot of good employees that need more direction from management. He suggested implementing a hotline for reporting fraud, abuse and waste. He stated that the County has not performed a financial audit on the parking structure and that he discussed this matter with the audit division of the Clerk’s office. He opined that for financial and fiscal responsibility there needs to be improvement in the systems and the top level reporting and benchmarking systems for the County.
Commr. Conner stated that while the Board did not want to suppress input from the public, the County Commission meetings are a business meeting and not the appropriate place or time for a political forum. He noted that he understands that the Board needs to be able to accept criticism, however, he commented that the Lake County Commission meeting is not the appropriate place to announce ones candidacy.
Commr. Cadwell acknowledged Commr. Conner’s concerns and stated that he would not allow the board meetings to become a political forum.
Commr. Renick asked the Clerk to respond to the statement by Mr. Jochim regarding the audits of the parking structure.
Mr. Neil Kelly, Clerk of the Court, stated that at the beginning of the construction process, the Clerk’s Office offered the services of the Internal Audit Department, however the County decided to contract with our external auditor, Moore Stephens. He reported that the audit process was ongoing through the completion of the project.
Commr. Renick informed Mr. Jochim that the Board scheduled a workshop at the last meeting and that the workshop would be the appropriate place to discuss any EDC issues.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:36 a.m.
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welton g. cadwell, chairman
ATTEST:
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NEIL KELLY, CLERK