A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
June 1, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, June 1, 2010 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Elaine Renick, Vice Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart. Commr. Welton Cadwell was not present due to illness. 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 Susan Boyajan, Deputy Clerk.
moment of silence
Mr. Sandy Minkoff, Interim County Manager, requested a moment of silence for Mr. Edward Stegall, husband of Ms. Emogene Stegall, Lake County Supervisor of Elections, who passed away yesterday.
INVOCATION and pledge
Mr. Minkoff gave the Invocation and led the Pledge of Allegiance.
Agenda update
There were no updates to the Agenda.
MINUTE APPROVAL
On a motion by Commr. Conner, seconded by Commr. Stewart, and carried unanimously by a 4-0 vote, the Board approved the Minutes of April 6, 2010 (Regular Meeting) as presented; April 27, 2010 (Regular Meeting) as presented; and May 4, 2010 (Regular Meeting) as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 4-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 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 Resolution 2010-10
Request to acknowledge receipt of the City of Clermont Resolution 2010-10 approved at the regular City Council meeting on May 11, 2010 responding to the Interlocal Service Boundary Agreement with Lake County, City of Groveland, City of Mascotte and the Town of Howey-in-the-Hills.
City of Minneola Resolution 2010-05
Request to acknowledge receipt of the City of Minneola Resolution 2010-05 responding to the Interlocal Service Boundary Agreement with Lake County, City of Groveland, City of Mascotte, City of Leesburg and the Town of Howey-in-the-Hills.
City of Mascotte Ordinances
Request to acknowledge receipt of the City of Mascotte Ordinance No. 2010-01-487 annexing property south of Youth Camp Road totaling approximately 164.3 acres and Ordinance No. 2010-01-488 annexing property south of Youth Camp Road totaling approximately 393.26 acres passed on May 3, 2010.
City of Leesburg Resolution 8652
Request to acknowledge receipt of Resolution 8652 of the City Commission of the City of Leesburg authorizing the Mayor and City Clerk to respond to the City of Groveland Resolution 2010-03-01.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Minkoff requested that Tab 10 be pulled from the County Manager’s Consent Agenda, which will be presented at a later date. He stated that Tab 19 consists of three items, an agreement with the Florida Department of Transportation (FDOT), a construction contract with Russell Engineering, Inc., and an inspection contract with Professional Service Industries, Inc. He commented that the County received a bid protest on the bid for the construction work. He asked that the contracts be pulled from the Agenda, and noted that they would be resubmitted to the Board after the bid protest was resolved.
Commr. Conner stated that he would like to pull Tabs 6 and 8 for discussion.
Commr. Renick noted that she would like to pull Tab 14 for comment.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 17, pulling Tabs 6, 8, 10, 14 and part of 19, as follows:
Conservation and Compliance
Request for approval of the Satisfaction & Release of Fine, Property Owner: Richard D. Hoffman, Code Case # 2005060301.
Request for approval of Final Payment of $45,775.71 to Lifestream Behavioral Center for completion of Criminal Justice Mental Health Substance Abuse Reinvestment Act (CJMHSA) Planning Grant.
Request for authorization for Lake County Board of County Commission Chair to sign Certificate of Participation for the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2010 Program and name Brenda Quattlebaum, Lake County Probation Coordinator, to coordinate all local efforts of the grant.
County Manager
Request for approval to fill vacant Extension Agent I position. There is no fiscal impact.
Request for approval to fill Public Defender Support Clerk position – fiscal impact $3,677.00.
Facilities Development and Management
Request for approval of submitted Budget Change Form in the amount of $121,792.00 to return funds to original construction project account for the installation of a chilled water cooling system in the computer rooms at the Tax Collector and Property Appraiser Building. There is no fiscal impact.
Request for approval of emergency purchase and installation of kitchen freezer at Lake County Jail, and associated Budget Change Request to transfer funds encumbered in Repair and Maintenance in the amount of $33,000, to Capital Outlay-Buildings. There is no fiscal impact.
Fiscal and Administrative Services
Request for approval and execution of submitted Interlocal Agreement for Cooperative Purchasing and its associated implementing Resolution No. 2010-58; and approval of continuing participation as lead agency for purchase of agricultural chemicals under the Agreement. This item involves no immediate fiscal impact.
Growth Management
Request for approval and signature of Resolution No. 2010-60 supporting efforts to minimize the spread of invasive exotic species. No fiscal impact.
Public Resources
Request for approval of Budget Change Request – Parks MSTU Fund – Move funds from PEAR Park Building Renovation Project #70025 to Repair and Maintenance. There is no fiscal impact.
Public Works
Request for authorization to release a letter of credit for maintenance in the amount of $16,761.32 posted for Turkey Farms Road – Pine Bluff Subdivision. There is no fiscal impact. Commission District 2.
Request for authorization to release a maintenance bond in the amount of $54,102.00 posted for Langley Industrial Park. There is no fiscal impact. Langley Industrial Park consist of 5 lots and is located in Section 30, Township 21 South, Range 25 East. Commission District 3.
Request for authorization to execute Local Agency Program Supplemental Agreement with the Florida Department of Transportation for the Picciola Bridge Project (FPN No. 428082-1-58-01) in the amount of $4,296,064, and execution of Resolution No. 2010-61 for the Local Agency Program Supplemental Agreement for the Picciola Bridge Project (FPN No. 428082-1-58-01), and execution of Resolution No. 2010-70 to amend the Federal State Grants Fund to receive unanticipated revenue for FY 2009-2010 in the amount of $4,296,064 for the Picciola Bridge project.
Internet Applications Developer Position
Commr. Conner asked staff to justify the need for the internet applications developer position. He opined that each vacant position should be scrutinized before being filled because of the revenue shortfalls, and noted that this position was not presented to the Tourist Development Council (TDC).
Mr. Minkoff stated that last week he provided the Board with a list of the budgeted positions versus the number of filled positions, and explained that he determines if a position should be filled based on the Board’s previous discussions on whether the position affects the County’s ability to provide public services. He stated that the department has informed him that without this position being filled, the County will have to stop providing services to a lot of tourism related businesses and other governmental agencies.
Commr. Conner asked how many of these positions are filled in the Information Outreach Department.
Ms. Kelly Lafollette, Information Outreach Director, responded that the County has two web related positions, a webmaster and the internet applications developer, and noted that the internet applications developer position is currently funded fifty percent by the TDC. She explained that Ms. Elizabeth Heine is the webmaster who is currently supporting the 12 different County maintained websites including the Library System, LakeXpress, Lake-Sumter MPO, Economic Growth and Redevelopment, Census, Property Appraiser, Supervisor of Elections, Procurement Officials of Lake County, Board of County Commissioners, the intranet, and several others.
Commr. Conner asked if there were only the two webmaster positions.
Ms. Lafollette explained that the internet applications developer does most of the programming because some of the systems require a lot of programming such as the job application builder, and the RFQ and RFP systems.
Commr. Conner commented that he is really impressed with the IT Department, and asked if the proposal was for this position to still be funded out of the TDC.
Ms. Lafollette stated that the proposal is for the TDC to fund the entire position instead of 50 percent.
Commr. Conner opined that this position and funding for the position should be presented to the TDC as a courtesy.
Commr. Renick asked who made the decision to change the funding allocations for this position.
Mr. Minkoff commented that budgeting decisions are not typically presented to the TDC, but stated that he did not have a problem presenting this position and funding to the TDC for their recommendation. He explained that the funding allocation was decided by the department director working with Mr. Greg Mihalic, Tourism and Business Relations Division Director.
Commr. Conner noted that the Board considered and upheld the TDC’s recommendations regarding the funding increase to the sports commission and the elimination of the funding for the curator position. He stated that the TDC would like to know how the tourism funding is being spent, and asked Ms. Lafollette to present this request to the TDC to justify the position to them.
Commr. Hill opined that this is an important position because it is instrumental in providing information to the public in a transparent and readable manner. She commented that she does not think the TDC will have a problem with the position, and noted that the funding aspect is the Board’s decision.
Commr. Conner stated that he was impressed with the work that the TDC is doing, and reported that they used the internet to promote Lake County for outside weddings and a tourism itinerary builder.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board referred the internet applications developer position to the TDC for their review and recommendation at the June 16, 2010 TDC meeting, and noted that this item is to be brought back before the Board as soon as possible.
Park Specialist Positions
Commr. Conner asked the Board if parks were off limits, because it was his understanding that nothing was going to be cut in parks.
Commr. Renick stated that it is her understanding that nothing has been excluded from being scrutinized.
Commr. Stewart commented that after reviewing the two park specialist positions, it should be noted that they provide critical routine maintenance and repair services to North Lake Community Park and PEAR Park. She opined that it is going to cost more money in the long run if the Board does not maintain and repair them.
Commr. Renick noted that it would affect two of the heavily used parks.
Commr. Conner stated that he is not voting against these positions, but commented he wanted to know if the Board has sent the message that parks is off limits for cuts.
Commr. Renick opined that nothing is off limits and that everything is up for discussion.
Commr. Conner asked the County Manager to justify these two positions.
Mr. Minkoff explained that one of the positions became vacant because the employee was promoted, and noted that the other position became vacant because the employee accepted a position in probation for higher pay and advancement. He stated that the County will not be able to maintain the facilities without these two positions.
Commr. Conner commented that the Parks Department cross trains their employees and are handling dual responsibilities, and stated that he did not want to penalize them. He thanked the County Manager for providing the additional information on these two positions.
Commr. Hill noted that these positions are funded by the Parks MSTU and not the General Fund.
Commr. Stewart pointed out that these were not new positions but existing positions that became vacant.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote a 4-0, the Board approved the request to fill two vacant Park Specialist positions.
Conservation of Lake County’s Roadside Native Wildflowers
Commr. Renick stated that she wanted to pull Tab 14 to express her gratitude to Ms. Lisa Roberts for presenting this issue and to the Green Team for their ideas. She commented that this same program was implemented and successful in Texas, and noted that there is a benefit to the environment as well as a positive impact on the budget with the cost savings on lawn maintenance.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved Resolution 2010-59 supporting the conservation of Lake County’s roadside native wildflowers.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda, Tabs 20 through 23, pulling Tab 23, as follows:
Request to authorize County Attorney to retain the firm of Graves & Spivey, P.A. to represent firefighter Brian Dimond on a civil traffic citation. Fiscal impact not to exceed $750.00
Request for approval of Special Master Settlement Agreement between Lake County and H & D Construction Co., Inc. (SM-1-10). No fiscal impact.
Request adoption of Resolution No. 2010-62 including an inventory of county owned property appropriate for use as affordable housing. There is no fiscal impact.
Lake County v. Edwards Mediated Settlement Agreement
Commr. Stewart expressed concern about the difference between the appraised amount of $8,900 and the settlement amount of $95,000, and noted that she understood that staff was trying to save attorney fees.
Commr. Conner asked how much of the settlement amount was going to the landowners versus the amount for attorney fees.
Ms. Melanie Marsh, Acting County Attorney, stated that $60,000 of the settlement would be paid to the property owner and the remaining $35,000 was for attorney and expert fees. She commented that it was a difficult mediation because of the difference in the two appraisals that the County had done, and explained that the first appraisal was for $18,000 while the second appraisal was only for $8,900 due to the decline in the economy. She stated that the property owners had an additional claim that the County took more property than was indicated and they claimed ownership of more land than the title search revealed. She mentioned that the property owners challenged the County’s lawsuit with the adjoining property owner which was also needed for this bridge. She commented that staff evaluated the cost to take this small parcel to trial versus the cost to settle and felt that it was in the best interest of the citizens to settle for the amount indicated.
Commr. Stewart opined that the landowners are taking advantage of the citizens of Lake County because the highest appraised value is $18,000, which is a lot less than the proposed settlement amount of $60,000.
Commr. Conner asked if the Board was bound to accept the mediation.
Ms. Marsh explained that if the Board chose not to approve the settlement, then the County has the option to reconvene mediation or proceeding to trial.
Commr. Stewart stated that she did not want to risk more of the taxpayer’s money to fight this and possibly lose in the end.
Commr. Conner commented that the Board does not want to take advantage of anyone due to the economic downturn, but opined that there is a big difference between $18,000 and $60,000. He asked what the property was worth back in 2005 during the booming economy.
Ms. Marsh responded that she did not know the value of the property in 2005, but noted that the first appraisal was completed in 2007 with an appraised value of $18,750, which is the highest appraisal the County had performed.
Commr. Conner asked how the difference in the appraised amount and the settlement amount can be justified, and if the dispute over the amount of property had been resolved.
Ms. Marsh stated that if the settlement was approved, the property owners would quit claim the property they believe they own to the County.
Commr. Conner asked if staff agrees that they own the additional land.
Ms. Marsh commented that staff does not believe they own that land because the title search did not show it.
Commr. Hill asked if there was any way for engineering to shift the bridge alignment and not use this property.
Ms. Marsh explained that the County already has title to the property and that staff is trying to resolve the money aspect.
Commr. Hill stated that this property is located immediately after the bridge crossing, and noted that the property owners may not have much of a view depending on the bridge design. She mentioned that she understood the concerns of the large dollar amount, but commented that the property owner’s quality of life would be greatly affected by this project.
Commr. Conner asked how much the County could expect to spend on attorney fees if the Board decided to take this to trial.
Ms. Marsh stated that it typically costs two to three times the amount of the mediation. She explained that the property owner’s appraisal was for $120,000.
Commr. Conner asked how there can be a drastic difference between the County’s appraisal of $18,000 and the property owner’s appraisal of $120,000.
Ms. Marsh explained that it is common that the property owner’s appraisal is two to three times the amount of the County’s appraisal when related to eminent domain.
Commr. Conner asked who reviews the appraisals.
Ms. Marsh stated that staff reviews them as well as an outside appraiser.
Commr. Conner asked for the staff’s opinion of the property owner’s appraisal, and commented that the property owner must not think their land is worth $120,000 if they are willing to accept $60,000.
Commr. Renick mentioned that people generally think their property is worth more when it is being taken from them by eminent domain. She commented that people should be compensated when their property is taken and assured that it was absolutely vital that their property being taken, and noted that there are safety issues regarding the existing Picciola Bridge which makes it necessary to take this property. She asked if this was a time sensitive matter.
Ms. Marsh responded that it is not a time sensitive matter, and stated that staff could bring back photographs and information regarding the bridge to assist in the Board’s decision.
Commr. Stewart commented that she would like more details on this project.
Commr. Conner asked if there is a way that staff could evaluate the appraisals to determine a fair value for the property, and stated that he is uncomfortable with the difference in the property owner’s appraisal and the County’s appraisal.
Mr. Minkoff suggested that the Board reserve discussion on this matter until the closed session scheduled later this morning.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board postponed the request from the County Attorney to approve the Mediated Settlement Agreement between Lake County and Jessie J. Edwards and Pauline R. Edwards.
employee awards
Ms. Susan Irby, Employee Services Interim Director, presented the following employee awards, commenting briefly about each employee’s service to the County.
five years
Mariela Baker, Community Development Specialist (not present)
Economic Growth & Community Services/Housing Services
Sharon Beardsley, Animal Control Officer (not present)
Public Safety/Animal Services
Adam Bourne, Database Administrator
Information Technology/Programming & Application Support
Erika Greene, Librarian II
Public Resources/Library Services
Carie Murphy, Office Associate III
Public Safety/Fire Rescue
Ten years
Stephen Lathrop, Assistant Area Maintenance Supervisor
Public Works/Road Operations/Maintenance Area II (Minneola)
presentations
board and committee presentations
Commr. Renick presented the following Board and Committee awards.
Affordable Housing Advisory Committee
Vicki Zaneis for service from 2008 – 2010
Children’s Services Council
Lalenya Robertson for service from 2003 – 2010
Historical Museum Advisory Committee
Clayton Bishop for service from 2003 – 2010
Rick Reed for service from 2006 – 2010 (not present)
Jackie Kinsler for service from 2008 – 2010 (not present)
Bob Grenier for service from 2005 – 2010
Harryette-Anne Duncan for service from 2007 – 2010 (not present)
Jamie Hanja for service from 2007 – 2010
Debbie Stivender for service from 2009 – 2010 (not present)
Norm G. Morin for service from 2008 – 2010 (not present)
Lisa Powell for service from 2009 – 2010 (not present)
Library Advisory Board
Robert Thielhelm for service from 2007 – 2010 (not present)
Jim Yatsuk for service from 2007 – 2010 (not present)
Charles “Billy” Goodson for service from 2008 – 2010 (not present)
Public Land Acquisition Advisory Council
Howard E. “Bobby” Howell for service from 2008 – 2010 (not present)
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
Outstanding Purchase Orders Policy
Mr. Minkoff stated that this is a new policy created to deal with the issue regarding purchase orders in the budget process which will eliminate the need for a major budget amendment after the beginning of the fiscal year and will provide information regarding the outstanding purchase orders.
Commr. Conner thanked the County Manager and Mr. Doug Krueger for their efforts to create this policy because it is going to make the budget process easier for the Board to understand, and opined that this is an important policy to help the Board better manage the budget.
Commr. Stewart commented that this policy will also make things clearer to the citizens.
Commr. Renick agreed and thanked staff for getting this policy created.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the reserve for the Outstanding Purchase Orders Policy.
public hearings
public housing agency SEction 8 five year plan
Commr. Renick welcomed Ms. Mickey Mahoney, a resident advisory member of the Public Housing Agency (PHA) Governing Board, who was required to join the County Commission Board as a voting member for action on this item.
Ms. Dottie Keedy, Economic Development and Community Services Director stated that the Section 8 Program provides rental assistance to over 450 families in Lake County, and noted that the five year plan identifies the goals of the housing program. She reported that one of the goals from the previous plan was to improve the HUD rating of the program from standard to high which was accomplished in the last planning period. She mentioned that the plan has been available for public inspection for 45 days. She requested approval of the Section 8 Five Year Plan covering Fiscal Years 2010 through 2014.
The Chairwoman opened the public hearing.
There being no one present who wished to address the Board, the Chairwoman closed the public hearing and reserved comment for the Board.
On a motion by Ms. Mahoney, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Public Housing Agency Section 8 Five Year Plan for Fiscal Years 2010 through 2014, and authorized the Chairperson to sign and certify the plan for submission to HUD.
certificate of public convenience and necessity for lake-sumter ems
Mr. Minkoff stated that Florida Statutes in the Lake County Code require any entity that is going to provide advanced life support and emergency transport services to obtain the Certificate of Public Convenience and Necessity from the Board. He noted that the public hearing was advertised and all Lake County municipalities were notified as required. He stated staff recommends the certificate be renewed for Lake-Sumter EMS.
The Chairwoman opened the public hearing.
There being no one present who wished to address the Board, the Chairwoman closed the public hearing and reserved comment for the Board.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved the renewal of the Certificate of Public Convenience and Necessity for Lake-Sumter EMS.
vacation petition no. 1154
Mr. Jim Stivender, Public Works Director, stated that this petition is to cease maintenance and vacate a portion of Ice Cream Road in the Leesburg area. He presented a map of the area, noting that it is a clay road with a fish camp at the end of the road. He reported that the person doing improvements to the fish camp did not want the County to continue maintenance on this road, and stated that it was mutually agreed upon that the County would cease maintenance.
The Chairwoman opened the public hearing.
Mr. Steve Nyarady, President of the Waters Edge Homeowners Association, asked if someone would take ownership of the road and if there were any plans to develop it.
Mr. Stivender stated that someone would own the section that goes to the middle of the property, and noted that the owners of the fish camp are making improvements to the homes.
There being no one else who wished to address the Board, the Chairwoman closed the public hearing and reserved comment for the Board.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved Resolution No. 2010-64 to cease maintenance and vacate a portion of Ice Cream Road.
rezoning agenda
Mr. Brian Sheahan, Planning and Community Design Director, informed the Board that there was one change to the Regular Agenda, and stated that it was a request for continuance of 120 days for Case No. PH#2-10-3. He explained that the applicant would like to consider applying for withdrawal or reapplication consistent with the new Comprehensive Plan because they have not been able to discuss matters with their client. He commented that this case has been in the Planning and Community Design Division for over a year, and asked the Board to deny the request for continuance.
rezoning consent agenda
The Chairwoman opened the public hearing.
There being no one present who wished to address the Board, the Chairwoman closed the public hearing and reserved comment for the Board.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 4-0, the Board approved the Rezoning Consent Agenda, as follows:
Tab 1 – Ordinance No. 2010-26
Rezoning Case No. PH#11-10-5
Lake County Board of County Commissioners, J&L Ellis Property (Conservation Area)
Request to rezone the subject property from Agriculture (A) to Community Facility District (CFD) to allow conservation and passive recreational uses.
Tab 2 – Ordinance No. 2010-27
Rezoning Case No. PH#12-10-2
Royal Equestrian Development, Inc./Lake County
Request to amend Ordinance #63-90 to add maximum impervious surface language as required by the Stipulated Settlement Agreement between the Department of Community Affairs, Royal Equestrian Development, Inc. and Lake County dated October 8, 2009.
Tab 3 – Ordinance No. 2010-28
Rezoning Case No. PH#10-10-5
Lake County Board of County Commissioners Parks and Recreation Division, Akron Meadows
Request to rezone 332.28+/- acres from Agriculture (A) to Community Facility District (CFD) for conservation and passive recreational uses.
Tab 5 – Ordinance No. 2010-29
CUP Revocations:
CUP#909-2, J. & N. Frederick (5A)
CUP#953-4, C. Bodiford (5B)
CUP#889-4, J. Henns & P. Harper (5C)
rezoning regular agenda
rezoning case no. ph#2-10-3 floribra USA, Inc./Jim Hall, aicp (vhb, Inc.)
Mr. Sheahan stated that staff recommends the denial of the request for continuance, and explained that staff would present the case as normal. He noted that the applicant was not present.
Commr. Renick commented that the Board does not have to grant the postponement.
Commr. Conner asked if the Board had to act on the case at all since the applicant was not in attendance.
Commr. Renick stated that she would be more comfortable denying the postponement first.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried by a vote of 3-1, the Board approved the denial of the continuance request.
Commr. Hill voted “no.”
Commr. Hill asked for clarification if the applicant wanted to withdraw or postpone the case.
Mr. Sheahan responded that since the Zoning Board meeting, staff has discussed several options with the applicant.
Commr. Conner asked why staff would object to the postponement if the application is consistent with the new Comprehensive Plan.
Mr. Sheahan explained that there are design issues with the conceptual plan that would have to be corrected to make it consistent with the new Comp Plan.
Commr. Conner asked why the Board does not send this item back to the applicant to make the necessary changes.
Commr. Hill explained that when the applicant withdrawals their application they cannot bring it back for a year, at which time they will have to start the whole process over again and incur all of the fees; whereas, if the case was postponed then the applicant might be able to make the necessary corrections without starting the entire process over.
Mr. Sheahan stated that the applicant would be able to reapply immediately if they withdrew, and commented that another option would be for the Board to deny the case without prejudice which would allow the applicant to reapply immediately. He mentioned that the Board could also grant the postponement, or deny the application outright which would require the applicant to wait a year.
Commr. Renick clarified with Ms. Marsh that the Board can only act upon the request to postpone, which would allow the applicant the option of revising their application or withdrawing.
Commr. Conner stated that he would like to reconsider the previous vote to deny the request for continuance.
Commr. Stewart noted that staff opined that the applicant has had enough time to deal with this case.
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 4-1, the Board voted to reconsider the previous vote to deny the request for continuance.
Commr. Renick commented that it was her understanding that if the Board heard the case today and denied it, then the applicant would be allowed to come back with a new plan.
Mr. Sheahan stated that it is staff’s recommendation that the Board hear the case today, and noted that if the Board denied it without prejudice, the applicant would be allowed to revamp their application. He commented that this application has property next to it that the applicant is considering including along with additional open space and the reconfiguration of unit locations, so there would be substantial changes. He explained that if the Board denied the case without prejudice then the case could be brought back immediately once the Comp Plan becomes effective, and noted that the applicant would have to pay all the fees associated with the filing.
Commr. Conner opined that the Board should cooperate with the applicant if they are in fact trying to be consistent with the new Comprehensive Plan.
Commr. Stewart commented that the applicant is still going to make changes.
Mr. Sheahan stated that this application has been with his office for over a year, and commented that the Department has worked with the applicant 100 percent by several meetings and communication.
Commr. Hill stated that she recommends the postponement to allow the applicant 120 days to make the necessary changes without them having to incur additional fees.
Mr. Sheahan explained that the County will have to pay to re-notice the adjoining property owners.
Commr. Renick clarified that there would be some cost to the County if the Board approved the request for continuance.
Mr. Sheahan stated that most cases are on the 60 day zoning cycle while this application has been with the Department for over 12 months with several meetings with several staff members, and commented that in terms of fees, there are not any remaining fees to cover the costs of this ongoing application.
Commr. Conner asked why staff would prefer to have the case heard today instead of granting the continuance.
Mr. Sheahan stated that this application will remain unresolved with the interest of the public waning because there is no resolution on this particular case. He explained that an adjoining property owner would not have any resolution if the case is continued.
Commr. Conner noted that no one was here regarding this property, and opined that the Board should allow the continuance for 120 days.
Commr. Hill asked if the Board could require the applicant to pay for the re-advertisement fees.
Mr. Sheahan responded that that payment of fees for re-advertisement could be required by the Board.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board postponed Rezoning Case No. PH#2-10-3 for 120 days and required the applicant to pay all fees for re-advertisement.
recess and reassembly
The Chairman announced that there would be a ten-minute recess at 9:55 a.m, and noted that the Board would enter into a Closed Session upon reassembly.
closed session
Ms. Melanie Marsh, Acting County Attorney stated that Florida Statute 286.011 authorizes a Closed Session to discuss pending litigation. She stated that the Closed Session will be confined to settlement negotiations and strategy sessions relating to litigation. She stated that a court reporter was present and would record all discussions and when the session begins and ends, and noted that none of the session could be off the record. She mentioned that the meeting would be transcribed and made available to the public after litigation is concluded. She noted that the Board of County Commissioners; Mr. Sandy Minkoff, Interim County Manager; Mr. Greg Stewart, the County’s outside legal counsel and herself would be in attendance. She stated that she anticipated the meeting to take approximately 30 to 45 minutes.
recess and reassembly
At 11:00 a.m., the Chairman reconvened the regular meeting in open session.
REPORTS – COUNTY ATTORNEY
Agreement between Lake County and Brett L. Swigert
Ms. Marsh requested approval of the Agreement between the County and Brett Swigert who provides minimal outside legal services for foreclosure cases when the property owner cannot be located, and commented that the approximate fiscal impact would be $745.00.
Commr. Renick commented that the contract lists an hourly rate of $115.00, and asked how the Board can be assured that the fiscal impact will not exceed $745.00.
Ms. Marsh stated that the figure was calculated based on last year’s estimate, and explained that Mr. Swigert is only used when the property owner cannot be located. She commented that he does not spend a lot of time on the cases, and stated that she does not anticipate exceeding the $745.00 amount.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the Agreement between Lake County and Brett L. Swigert relating to outside legal services.
REPORTS – COUNTY MANAGER
County Manager Recruitment Update
Commr. Conner stated that he would like to postpone this discussion until the Chairman returns.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board postponed the update of the County Manager recruitment until the Chairman returns.
REPORTS – COMMISSIONER HILL – DISTRICT 1
June 8, 2010 Workshop
Commr. Hill commented that it was her understanding that the June 8, 2010 workshop was going to be cancelled. She reminded the Board that the Transportation 2035 Workshop was scheduled for June 10, 2010 at 2 p.m.
Mr. Minkoff stated that the Chairman is not likely to be back for the June 8, 2010 meeting, and noted that Mr. Kristian Swenson, Facilities Development and Management Interim Director, was out of the country due to a family emergency. He commented that the primary issue of the June 8th meeting was to discuss facilities, and suggested moving that discussion to the June 15, 2010 Regular Meeting. He opined that there was no reason to have the workshop on June 8th.
Economic Development Trade Mission
Commr. Hill stated that last year, Ms. Dottie Keedy, Economic Development and Community Services Director, attended the Trade Mission. She asked the Board if they would like to have Ms. Keedy attend the mission this year in Denver.
Commr. Stewart asked how valuable the trade mission was last year.
Commr. Hill commented that she thought it was very valuable, but asked if there were available funds in her budget for this item.
Mr. Minkoff stated that he received a request to attend the Trade Mission, but noted that he had not made a decision if the County is going to participate and asked the Board for a few more weeks before making a decision.
Commr. Renick commented that Ms. Keedy has a lot more responsibility and that perhaps the Board should consider sending someone else.
Commr. Hill clarified that she did not specifically mean that Ms. Keedy should go, but wanted to know if the Board wanted someone to go.
Mr. Minkoff explained that the County is advertising for the other position, but noted that he does not anticipate the dates coinciding with the August date of the Trade Mission.
reports – commissioner conner – district 3
Central Florida Sports Commission Breakfast
Commr. Conner reported that the Central Florida Sports Commission held a breakfast at the Mission Inn with the School Board to honor some local athletes. He commented that the Central Florida Sports Commission is doing a lot for Lake County, and noted that the state softball tournament hosted in Clermont by Dot Richardson was a success.
Commr. Hill asked for the date of the breakfast because it appeared that the Sports Commission was disappointed that no one from the Board attended. She stated that the Board usually attends these events.
Mr. Minkoff reported that he has asked staff to work with the Sports Commission to coordinate and schedule future events.
Commr. Conner opined that the Sports Commission is pleased with their relationship with the Board, and noted that he had a family matter that prevented him from attending the breakfast.
REPORTS – COMMISSIONER STEWART – DISTRICT 4
World Elder Abuse Awareness Day
Commr. Stewart requested approval of a proclamation recognizing June 15, 2010 as World Elder Abuse Awareness Day. She stated that the international network for the prevention of elder abuse was founded in 1997 and is dedicated to the global dissemination of information as part of its commitment to the worldwide prevention of elder abuse. She noted that they launched the Annual World Elder Abuse Awareness Day to be held on June 15th, and commented that this project will be in partnership and collaboration with interested individuals, agencies, organizations, governments and corporations to raise the awareness of elder abuse.
On a motion by Commr. Stewart, seconded by Commr. Conner and carried unanimously by a vote of 4-0, the Board approved Proclamation 2010-63 recognizing June 15, 2010 as World Elder Abuse Awareness Day.
Employee Recognition Letter
Commr. Stewart stated that the Board received a letter addressed to Ms. Marjorie Boyd, Animal Services Division Director, from Mr. Spencer Bard, President of the Guardian Angel Dog Rescue, Inc. recognizing Ms. Denise Williams, Animal Services Division, for her work at the Lake County Animal Shelter. She reported that the letter mentioned that the Guardian Angel Dog Rescue works with animal shelters throughout the United States, and stated that they have not met anyone with Ms. William’s love for the animals and her passion to take care of them.
Lake County Animal Shelter
Commr. Stewart stated that the animal shelter is overburdened right now, and noted that two weeks ago the shelter took in 40 horses from one farm that were undernourished which does not include the other animals that the shelter is receiving on a daily basis. She reported that the animal shelter’s website is not updated because their resources are so limited. She asked if there was anything the Board could do to start a volunteer program for the shelter.
Commr. Renick commented that the Board has previously discussed a volunteer program, and noted that Ms. Boyd informed them that volunteers are hesitant because they are required to get a rabies shot.
Mr. Minkoff stated that the shots were also very expensive, but commented that staff would review that option again particularly regarding the larger animals where that might not be a requirement as it is with cats and dogs.
Commr. Renick asked if the County has lost people in that department.
Commr. Conner opined that the Board should figure out a way to make the volunteer program work.
Commr. Stewart suggested having a volunteer maintain the website.
Mr. Minkoff stated that staff would explore the possibility of having volunteers work in positions that do not require shots.
Commr. Hill suggested asking local veterinarians in the county if they have staff that has already received the shots that would be willing to volunteer at the shelter.
Mr. Minkoff reported that the County is getting more support from the veterinarians in the sale of the County tags. He stated that previously the County was not getting this support and that the residents were not aware of the requirement to have a County license, and noted that the license fee is a large revenue source which assists with the staffing of the animal shelter.
Commr. Stewart stated that she gets her tags from her veterinarian, and encouraged all of the veterinarians to start issuing County tags.
Disney’s Helping Kids Shine Grant
Commr. Stewart reported that the Early Coalition in Lake County received the Disney Helping Kids Shine Grant for $20,000. She stated that the Early Coalition is a non-profit organization established in 1999 that oversees the school readiness and volunteer programs in Lake County, and noted that their primary focus is to improve the level of quality early childhood education to enhance the children’s chances of achieving future educational success.
reports – commissioner renick – vice chairman and district 2
Housing Program Language
Commr. Renick asked when the language revision to the housing program regarding repeat felons was going to be presented to the Board.
Ms. Marsh responded that the proposed language change would be presented in June.
CITIZEN QUESTION AND COMMENT PERIOD
There was no one present who wished to address the Board.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:13 a.m.
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welton g. cadwell, chairman
ATTEST:
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NEIL KELLY, CLERK