A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
January 5, 2010
The Lake County Board of County Commissioners met in regular session on Tuesday, January 5, 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: Welton G. Cadwell, Chairman; Elaine Renick, Vice Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart. Others present were: Sanford A. “Sandy” Minkoff, County Manager (Interim); 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 DeAnna Diggs, Deputy Clerk.
Mr. Sandy Minkoff gave the Invocation and led the Pledge of Allegiance.
There were no changes to the agenda.
Commr. Stewart stated that she had corrections to the November 3, 2009 and December 1, 2009, minutes. She explained that on Page 12 of the November 3, 2009 minutes, Line 16, the phrase “it would not” should be corrected to read “it would”, and Page 9 of the December 1, 2009 minutes, Line 23, the phrase “health of florida farms” should be corrected to read “health of flora and fauna.”
On a motion by Commr. Stewart, seconded by Commr. Renick, and carried unanimously by a 5-0 vote, the Board approved the Minutes of November 10, 2009 (Special Meeting) and November 17, 2009 (Regular Meeting) as presented, and November 3, 2009 (Regular Meeting) and December 1, 2009 (Regular Meeting) as amended.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 4, 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.
St. Johns River Water Management District Meeting Schedule
St. Johns River Water Management District Governing Board meeting schedule for 2010. Meetings are held at Palatka District Headquarters, 4049 Reid Street (Hwy 100 West), Palatka.
City of Umatilla’s Resolution No. 2009-45
Resolution 2009-45 from the City of Umatilla identifying items for discussion and negotiation and initiating the procedure set forth in Section 171.203 Florida Statutes for the purpose of negotiating an interlocal service boundary agreement between the City of Umatilla and Lake County, and cover letter requesting that the Board of County Commissioners adopt a Responding Resolution indicating the areas the County wishes to include during negotiations.
Estates at Cherry Lake Community Development District
Annual Financial Audit Report of Estates at Cherry Lake Community Development District for Fiscal Year Ended September 30, 2008.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Minkoff stated that there was a minor change to Tab 9 regarding the insurance policy.
Ms. Susan Irby, Employee Services Director (Interim), explained that there was an administrative change to inmate medical insurance regarding policy timeframe, and that the insurance carrier would like the policy to end on the first of the month. She noted that staff recommends that the policy end on February 1, 2011. She related that there was also an enhancement, and expressed that the average daily maximum for the first three days is being raised from $8,000 to $10,000 but that should also read that the average daily maximum for the days to follow is being raised from $4,000 to $6,000.
On a motion by Commr. Renick, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 24 as follows:
Request for approval and authorization for the Chairman to sign the FY 2008-09 Community Development Block Grant-Recovery Act (CDBG-R) Interlocal Agreement between the County and Town of Lady Lake in an amount not to exceed $24,540, granting the Town CDBG-R funds for road resurfacing and to direct the Community Services 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 FY 2009-10 CDBG Interlocal Agreement between the County and Town of Lady Lake in an amount not to exceed $73,700, granting the Town CDBG funds for road resurfacing and to direct the Community Services Department to execute the agreement and oversee completion of the project covered in the Scope of Services.
Request for approval of the Interlocal Agreement with Lake County Health Department and authorization for the Chairman to sign the agreement and to direct the Community Services Department to execute the agreement and oversee completion of the project as covered in the Scope of Services.
Economic Growth and Redevelopment
Request for approval and signature on the Amendment to High Value Job Creation Program Agreement between Lake County, Florida and Buildtelligence Web Solutions, LLC for a twelve month extension.
Request for approval to participate as a sponsor of the Lake County Days 2010 event to be held in Tallahassee scheduled for February 16-17, 2010, in the amount of $1,000.00.
Request for permission to waive Board of County Commissioners’ purchasing policies and procedures relating to the procurement of goods and services for inmate medical care.
Request for approval of the renewal quote from HRH/Hunt Insurance Group, Inc. to provide catastrophic/hospital inmate medical insurance from 1/10/10 through 1/10/11, and authorizing the County Manager to sign all related implementation documentation.
Facilities Development and Management
Request for approval of authorization to pay Ameritech Elevator Inc. for services provided on an emergency basis in the amount of $29,885.00.
Fiscal and Administrative Services
Request to approve award in the estimated amount of $15,000 to Browning Communications and the estimated amount of $55,000 to Pride Enterprises for the purchase of various printing services in conjunction with the County needs.
Request for approval of issuance of a purchase order in the amount of $47,845.60 to Kustom Signals Inc. for the provision of ten in-car camera systems that will be used in Sheriff vehicles.
Staff has provided a list of contract actions having an individual value in excess of $25,000 which were completed within authorities delegated to the County Manager.
Request for approval to apply for the Funding Opportunity being offered by The Nature Conservancy for Florida Scrub-jay Habitat Restoration/Management on Non-Federal Public Lands.
Request for approval and execution of a construction contract in the amount of $138,142.31 to Jerome’s Masonry Inc. to build an additional rest room facility at North Lake Community Park.
Request for approval and signature on grant agreement in the amount of $10,000 from HandsOn Network to Volunteer Lake for “Family Friendly” volunteer projects.
Request for approval to accept Cooperative Service Agreement between Lake County and United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services Branch, for removal of feral hogs/coyotes from Ferndale Preserve and P.E.A.R. Park for FY 2009-2010 not to exceed $20,000 for one (1) year.
Request for approval to include a caretakers (live-in law enforcement) residence within the final design and construction of each of the following parks: East Lake Community Park, South Lake Community Park, North Lake Community Park, Sorrento Park, P.E.A.R. Park, and Ferndale Preserve.
Request for approval to execute the Florida Department of Health and Emergency Medical Services Grant Resolution No. 2010-01 and request approval of the Revenue Resolution No. 2010-02 to receive and provide appropriations for the disbursement of funds.
Request for approval of: (1) Modification #2 to Agreement with the State of Florida, Division of Emergency Management, awarding funds to conduct a Phase I engineering feasibility study for the Lake County Emergency Operations Center (EOC) and: (2) attached Resolution No. 2010-03.
Request for approval of an award in the amount of $40,000.00 to Professional Pavement Products, Inc. for the purchase of Thermoplastic & Glass Sphere Traffic Sign Material in conjunction with the County’s needs.
Request for approval and authorization for SECO (Sumter Electric Coop.) to relocate their Transmission Facilities at the intersection of CR-437 and Wolfbranch Road.
Request for approval and authorization for the Chairman to execute satisfactions of lien for the attached twenty-three (23) road assessments in Commission Districts 2, 3, 4, and 5.
Request for approval and acceptance of the attached list of public right of way deeds that have been secured in conjunction with roadway and/or stormwater projects in Commission Districts 2, 4, and 5.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Stewart, seconded by Commr. Hill, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 25 and 26 as follows:
Request for approval of the Resolution No. 2010-04 supporting the redesignation of the Lake Sumter MPO.
Request for approval of Amendment to Lease Agreement between Lake County and Ali Jawad for Tax Collector office space in Clermont.
Ms. Irby presented the employee awards, commenting briefly about each employee’s service to the County.
Patrick Billson, Firefighter/EMT (not present)
Public Safety/Fire Rescue
Jessica Clark, Permitting Specialist (not present)
Growth Management/Building Services
Brian Merkle, Firefighter/Paramedic (not present)
Public Safety/Fire Rescue
Jeffrey Mitchell, Trades Crew Leader
Facilities Development & Management/Facilities Maintenance
Richard Montanari, Energy Maintenance Technician
Facilities Development & Management/Energy Management
John Reynolds, Library Page (not present)
Public Resources/Library Services/Paisley Library
Timothy Judy, Firefighter/EMT (not present)
Public Safety/Fire Rescue
Mary Ellen Roberts, Office Associate IV
Mr. Minkoff presented the following employee’s service to the County.
Harryette Hannah, Database Coordinator (not present)
Information Technology/Geographic Information Services
Earl David Walker, Senior Maintenance Specialist
Facilities Development & Management/Facilities Maintenance
Peanut butter p.o.p
Ms. Jennifer Sullivan presented a recap of the goals set for the Peanut Butter P.O.P. project in 2009, and stated that these goals were achieved. She explained that through these efforts 4,422 jars of peanut butter were collected, well over the anticipated 2,000, allowing the donation of three tons of peanut butter to local food banks. She expressed that the peanut butter drive was successful in Lake County elementary and middle schools, with seven schools participating, along with Lake County Girl Scout troops, and stated that the website www.pbpop.wordpress.com was created for the Peanut Butter P.O.P Project. She thanked the Board and Ms. Helena Osborne-Ponsi, with VolunteerLAKE, for helping to facilitate this project with their power of influence.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
Ms. Allison Thall, Community Services Director, informed the Board that there were corrections to the 2009-2012 Local Housing Assistance Plan (LHAP) to better reflect comments from the State and the Affordable Housing Advisory Committee. She explained that the document was in need of clarification, and stated that on Page 11, Programs and Administration, the second sentence now reads, “Should a third party entity or consultant for all or part of the administrative or other functions of the program, said third party entity or consultant shall provide in detail the duties, qualifications and selection criteria” to address who the third party is. She stated that on Page 11, under the heading Definition of Essential Services Personnel, there are acronyms missing definitions. She clarified that AMI refers to the Area Median Income for those individuals who fall into that essential service personnel definition. She expressed that any other acronyms throughout the document that needed clarity would be included in the Definitions page. She noted that there was an error on Page 18, under the heading Income Categories need to be served, that needs to be corrected for consistency purposes. She stated that the phrases “extremely low” and “very low” need a strike through, and that will coincide with Page 19 where the Recipient Selection Criteria is prioritized. She mentioned that the last change falls under the Bridge Loan Strategy, starting on Page 24, under the heading Rental, and she asked for direction from the Board on whether to amend this section to reflect similar recapture language. She noted that if this section was amended, the current language which states that there is a fifteen (15) year deferred loan that is forgiven to the developer after fifteen (15) years should the development become rental property if all SHIP requirements are met, would change a fifteen (15) year term to a thirty (30) year term. She commented that staff would also include similar language relating the proration of repayment which would be based on the number of years left in the term of the loan, making this recapture consistent with all of the other strategies.
Commr. Cadwell replied that the document should be consistent whether a fifteen (15) year or thirty (30) year term was decided upon.
Ms. Thall stated that the above corrections are changes that have occurred since the document was originally submitted. She mentioned that the issue of disqualifying individuals who may have felony or criminal records from receiving SHIP assistance needs to be addressed. She expressed that staff has received input from the County Attorney’s office, and it appears that there can be a policy addressing this issue. She noted that the State may object to a policy of this effect, and explained that she would bring the State’s formal position back to the Board when it was received. She asked if there were any other actions the Board would like staff to pursue in respect to this topic.
Commr. Conner replied that he believed that more than one Board member has expressed concern about assistance going to convicted felons. He stated that he would support a policy that will prohibit these funds being used for convicted felons.
Commr. Cadwell asked Commr. Conner if he would have the same opinion of a convicted felon who has had their civil rights restored.
Commr. Conner specified that there could be exceptions to the policy that would not necessarily prohibit all convicted felons from receiving assistance. He commented that he does believe in forgiveness and redemption for those who are deserving and would be willing to come to a middle ground, but opined that a convicted felon should not be given assistance before a law-abiding citizen who is in need.
Mr. Minkoff stated that because the LHAP has to be approved by the State, the County did not think it was prudent to put that language in the plan with chances of the entire plan being rejected. He related that the County intended to bring the language back to the Board, given their consent, but expressed that in the event the Board did not come to a consensus, staff would work with the County Attorney to evaluate whether to attempt to appeal the decision.
Commr. Renick clarified that language could be inserted into the document that is not overly punitive which would not prohibit all convicted felons from receiving assistance. She opined that programs similar to the LHAP have received bad reputations because citizens feel as though non-deserving individuals are taking advantage of the system. She expressed that it would be wise to hear the State’s opinion on the issue first so the Board would be aware of any potential hardships that might accompany their decision.
Mr. Minkoff reported that discussion will take place regarding categories for violent felonies versus others as well as time frames, but stated that staff recommends approval of the LHAP with the option to make an Amendment after receiving the State’s formal position.
On a motion by Commr. Renick, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved and authorized the Chairman of the Board of County Commissioners to sign the 2009-2012 Local Housing Assistance Plan reflecting corrections and comments per the Florida Housing Finance Corporation, BCC and Affordable Housing Advisory Committee.
lake sumter mpo interlocal agreement
Mr. Ken Harley, Public Transportation Director, requested approval of the Interlocal Agreement with the Lake~Sumter Metropolitan Planning Organization (LSMPO) to oversee the assessment to ensure that all bus stops and shelters are in compliance with the Americans with Disabilities Act (ADA).
Commr. Conner stated that he supported the intended outcome, but questioned whether the hiring of an external consultant was necessary.
Mr. T.J. Fish, LSMPO Director, remarked that a certain level of expertise is needed when the ADA is involved. He explained that there have been several litigation cases stemming from not complying with the ADA, and we want to maintain a level of professionalism while protecting taxpayer’s dollars.
Commr. Conner asked whether the law was complicated enough to warrant an outside expert’s services to determine what is handicapped accessible and what is not.
Mr. Fish answered that neither the LSMPO Board nor the County staff have the level of expertise in-house needed to assure the protection of taxpayer’s dollars.
Commr. Renick noted that not all bus stops would be capable of being handicapped accessible, and questioned if this would determine those stops.
Mr. Fish replied that the initial purpose of launching LakeXpress’ fixed routes was to migrate individuals who were using the paratransit but were not precluded from the bus service due to a physical disadvantage. He explained that assessing the bus stops and shelters was the first step in trying to create permanent bus stops.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the Interlocal Agreement with the LSMPO to oversee the ADA assessment of the County’s bus stops and shelters under their continuing services agreement with Tindale-Oliver & Associates.
Village Center Community Development district
Ms. Melanie Marsh, Acting County Attorney, stated that the Villages Center Community Development District (CDD) is requesting approval from the Board to enforce private restrictions. She noted that the Town of Lady Lake approved this request.
Commr. Hill asked if the Villages were adopting the County’s Code of Enforcement Statute, and opined that it read similarly. She also questioned who would be responsible for enforcing violations and who would collect any future court proceedings.
Ms. Valerie Fuchs, representing Districts 1-10 in The Villages, replied that implementing this rule would allow the CDD to adopt their own restrictions. She stated that Section 190.012(4) of Chapter 190, Florida Statutes, implies that the CDD can adopt existing deed restrictions that are between the developer and the resident, and once those are adopted they become the rules of the CDD. She clarified that the Statute allows the CDD to enforce their rules and impose fines but the issue must be brought before the Board for a Public Hearing. She commented that there is one section of the CDD that allows enforcement outside the boundaries of the District with consensus of the cities and/or counties in which the enforcement stops.
Commr. Hill remarked that the homes affected were in the Historic Section of The Villages, and expressed her concern of placing undue hardship on senior citizens who reside in the homes.
Ms. Fuchs stated that majority of restrictions do not prohibit lawn ordinances, and it is not the intention of the CDD to place undue hardship on its residents.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved the Village Center Community Development District’s implementation of its Deed Compliance Rule, and approval for the Chairman to sign a letter on behalf of Lake County.
facilities development and management
judicial center expansion
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the request authorizing the Chairman to sign an amendment to the architectural contract with Heery for the completion of design of the judicial center expansion in an amount not to exceed $2,595,439.
Impact fee deferral
Ms. Amye King, Growth Management Director, stated that staff is requesting approval for an impact fee deferral of $55,688.74 in road impact fees for Dr. Michel Habashy.
Commr. Renick related that transportation impact fees do not include school impact fees, and noted that is not an exemption.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board approved impact fee deferral agreement for the construction of a professional office building in Lady Lake.
family nutrition program
Ms. Juanita Popenoe, County Extension Director, introduced Ms. Julie England, Family Consumer Science Agent, and mentioned that she has won national awards for her newsletter and efficient technology, and teaches classes in the community and for housing employees on health, nutrition, and finances.
Ms. England stated the Family Nutrition Program (FNP) is a grant funded program from the United States Department of Agriculture and will be administrated through the University of Florida Extension. She commented that the program will teach nutrition and safety practices to food stamp eligible youth and adults in Lake County. She expressed that the program is a long running national program and will be administered in over forty Florida counties by 2010. She explained that the program will be funded primarily through in-kind contributions of teachers’ time and space provided by Lake County Schools, and Lake County ECC will provide office space. She described that the initial schools will include Triangle Elementary, Tavares Elementary, Spring Creek Elementary, Eustis Elementary, and Umatilla Elementary, and the initial grant is for $121,144, expiring in September 2010. She related that this money will be used for the hiring of two program assistants along with their expenses to directly teach nutrition in schools. She reported that the program focuses on providing education, choosing and preparing healthier foods, the importance of physical activity, reading nutrition labels, and safe food handling. She commented that the initial focus will be school age children but the grant will create a trickle down effect to others in the community, such as elders and food stamp eligible families.
ordinance dissolving the local planning agency
Ms. Marsh related that the public hearing pertains to the adoption of an ordinance repealing Chapter 17, Lake County Code, and specified that given the Board’s consent, it would be classified as Ordinance No. 2010-01.
The Chairman opened the public hearing.
Mr. Bob Curry, Lake County resident and planning virtual volunteer, who has assisted with the proposed Comp Plan, stated that he has previously commented on the adoption of the Ordinance because he believed it not to be in conformance with Section 163. He opined that upcoming tasks of the LPA would include: effectively revising all Land Development Regulations (LDR); developing the Comprehensive Plan for the year 2013; completing land ordinances that were leftover because of the moratorium placed on the County, by the State, for not completing earlier plans; addressing normal business; coordinating, reviewing, and recommending Joint Planning Agreements (JPA), interlocal agreements, intergovernmental agreements, and community enhancement agreements; and the handling of the Developments of Regional Impact (DRI). He expressed concerns about the workloads of the Zoning Board if this Ordinance is approved, and mentioned that he has volunteered for the County as an editor for the past few years. He opined that the LPA was not managed properly by the Board, and suggested that the Board appoint the Chairperson of the LPA rather than having the Chairperson elected by the Board. He specified that the LPA should have periodic reviews and joint workshops with the Board, and that the Board require the LPA delegate specific jobs, such as the Evaluation and Appraisal Report (EAR). He expressed he did not believe that it was physically possible for one Board to handle both the zoning and planning functions.
Ms. Nancy Fullerton, Clermont resident, expressed that she would like to see the Board perform their analysis and complete discussion before the public hearing is opened. She opined that there should be discussion regarding who is best suited to handle the LDRs and commented that she believed Mr. Curry was the best choice. She expressed her concern regarding the Board’s feelings towards the LPA, and stated that the Comprehensive Plan created by the LPA was a good product.
Ms. Linda Nagel, Director of the Home Builders Association, questioned whether there was a provision in the Ordinance pertaining to who is able to serve on the Zoning Board.
Commr. Cadwell replied that the Ordinance would transfer power from the LPA to the current Zoning Board, and clarified that the Ordinance does not change the Zoning Board.
Ms. Nagel questioned the Board on their plans to accomplish this, and asked if the representation as well as the manner in which people are appointed would stay the same. She questioned whether there was a provision to prevent the overloading of the Board.
Commr. Cadwell replied that the appointments would be a reflection of the Board, because each Commissioner has the opportunity to appoint one person from their District.
Ms. Nagel expressed her concern about representing an unbalanced view of the community.
Commr. Cadwell remarked that the appointments will be a balance of the Board and a reflection of the Board’s views.
Commr. Conner explained that the individuals on the Zoning Board are the members that were appointed by this Commission.
Ms. Nagel questioned whether the Board had any intentions of looking at the overall process by which individuals are appointed to Boards or Committees, to prevent such lack of diversity in the future.
Commr. Conner answered “no”, and clarified that Commissioners have the authority to appoint whomever they believe to be the most qualified. He stated that he reappointed the same members to the LPA and the Zoning Board that his predecessor chose even though they have different philosophies, and noted that he held an application process where he reviewed the qualifications of the applicants. He commented that the Board did not have a hidden agenda, as previously implied.
Ms. Nagel remarked that she is trying to make certain that stakeholders on all Boards are represented.
Commr. Stewart stated that the LPA has received a lot of criticism, and clarified that the LPA is not a part of this Commission.
Ms. Nagel replied that the same process still remains in place, and opined that the process of appointing Board members to the LPA or the Zoning Board should be adjusted.
Commr. Cadwell noted that given a larger Board, situations could be handled differently, but he mentioned that the current Board consists of only five members with each Commissioner having one appointment.
Commr. Renick commented that she understands Ms. Nagel is the Executive Director of the Homebuilder’s Association and she would like to see a representative on the Board, but homebuilding is not a targeted industry in the Economic Development Plan
Ms. Vicki Zaneis, a member of the LPA, stated that she believed it was a foregone conclusion that the LPA would be dissolved, and noted that she would like to thank the Board for her opportunity to have served as a member of the LPA, with such a passionate and dedicated group of individuals. She added that she felt honored to have had privilege of working with County staff, the LSMPO, and the Affordable Housing Advisory Committee. She expressed her concerns about the politics in Lake County.
Mr. Lowrie Brown, Lake County resident, expressed his frustration with the development of the proposed Comp Plan and the need for a balanced perspective with respect to the LPA. He stated that he supports the Ordinance, but specified that dissolving the LPA should be a short-term solution. He expressed his concerns about combining the duties of the Zoning Board and the LPA, and opined that combining the responsibilities from both Boards could be overwhelming. He presented an example of what the makeup of the LPA might consist of to minimize political influence. He opined that having an independent, balanced LPA would give Lake County citizens the greatest benefit.
The Chairman closed the public hearing and reserved comment to the Board.
Commr. Cadwell stated that this Ordinance is not an indictment of the Comp Plan, but serves the purpose of deciding who is best to complete the job. He opined that staff would be best to write the LDRs because they understand how to implement them.
Commr. Stewart expressed her concerns about the Ordinance, stating that every decision must be based on the Comp Plan. She commented that she agreed with the citizens’ comments, and noted that any recommendations would have a huge impact on Lake County citizens. She related that she did not feel confident that the Zoning Board could deliver objective recommendations.
Commr. Renick expressed her concerns about combining the LPA and the Zoning Board. She stated that the Board had previously decided that there should be two separate Boards, and related that she was reluctant to renege on the decision. She explained that the LPA was under the impression they would be writing the LDRs, and commented that was a misinterpretation. She opined that there were excellent LPA members who respected the process, but stated that although that was not the case with every LPA member, she did not believe it was necessary to combine the two Boards.
Commr. Stewart stated that she agreed with Commr. Renick’s comments, and added that the LPA has completed their task. She noted that the Board is emphatically concerned about business growth in Lake County, and mentioned that she supports continuing with the LPA and not overburdening the Zoning Board.
Commr. Conner reminded the Board that any member of the Zoning Board could be replaced by a Commissioner at any time.
Commr. Renick added that if the LPA is dissolved, duties would transfer to the Zoning Board and members may resign due to the fact that the new task could be overwhelming.
Commr. Conner noted that he has been an adamant defender of the LPA, but stated that he should have been more objective. He mentioned that problems are encountered when the individuals bringing forth recommendations do not have proper philosophical diversity, and opined that diversity was lacking in the LPA. He expressed his concerns regarding the workload of the Zoning Board, but reported that the Zoning Board Director assured him that taking over the LPA’s duties would not be overly burdensome. He related that there were a number of alternatives should the duties become burdensome to the Zoning Board. He agreed with Commr. Cadwell, explaining that the Ordinance helps to achieve the goal of deciding where the County is heading and how they are going to accomplish that. He thanked the current LPA members for their time and hard work, and commented that they did an excellent job. He stated that he supports the Ordinance and thinks that staff, along with the Zoning Board as their citizen review, would be most efficient.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 3-2, the Board approved to adopt Ordinance No. 2010-01, dissolving the Local Planning Agency and designating the Lake County Zoning Board as the local planning agency responsible for all planning agency functions pursuant to Section 163.3174, Florida Statutes.
Commr. Renick and Commr. Stewart voted “no”.
recess and reassembly
At 10:20 A.M., the Chairman announced that the Board would recess for ten minutes.
elder affairs coordinating council
Commr. Cadwell related that Mr. Roy Hunter is requesting to not be reappointed. He recommended reappointing Ms. Carol Clendinen and appointing Ms. Shirley P. Sawyer for District 5.
Commr. Hill stated that she would reappoint the current members in District 1.
Commr. Stewart noted that she was the liaison, and all current members were great.
Commr. Conner agreed that he would reappoint the current members in District 3.
On a motion by Commr. Stewart, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board appointed Ms. Shirley P. Sawyer, and reappointed Ms. Ann Lewis, Ms. Kathy A. Haviland, Ms. Colleen A. Kollmann, Ms. Sue T. Miller, Ms. Carol Clendinen, and Ms. Linda McFadden to upcoming vacant position on the Elder Affairs Coordinating Council to serve two-year terms beginning February 1, 2010.
Childrens’ services council
On a motion by Commr. Conner, seconded by Commr. Stewart and carried unanimously by a vote of 5-0, the Board appointed Ms. Kimberly Grabert as a representative to the Children’s Services Council to serve an unexpired term ending May 14, 2010.
REPORTS – COUNTY MANAGER
county manager position
Mr. Minkoff, requested approval of the advertising copy and advertising process for the County Manager position, and stated that a basic timeline to update the Board has been provided.
Commr. Renick opined that the parts of the advertisement were too unrealistic of the actual job description.
Commr. Conner noted that the job realities were normally discussed when the applicant is in the interview process.
Commr. Stewart questioned whether tourism was at an all time high as the proposed advertisement language suggested.
Mr. Minkoff recommended deleting the middle paragraph and the first two sentences of the third paragraph.
Commr. Stewart opined that the entire second paragraph should not be deleted because it holds true of the County.
Commr. Renick expressed her concerns about the perception given to the future applicants and recommended adjusting the language to reflect a more realistic depiction of the County Manager position.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the advertising copy, advertising process and recruitment calendar for County Manager position, but directed Mr. Minkoff to adjust the language to reflect the Commissioners’ comments.
employee advisory committee permanent food drive
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the recommendation of the Employee Advisory Committee to make the food drive permanent year-round.
upcoming bcc meetings
Mr. Minkoff noted that there will be an EDC workshop held on January 12, 2010 with regular business beginning at 9:00 a.m. followed by the EDC workshop. He added that the Comp Plan Meeting will be held on January 19, 2010, and stated that the County has advertised this meeting to take place on January 20, 2010 also, should it be needed.
REPORTS – COMMISSIONER HILL –DISTRICT 1
cost estimate of caretakers’ residence
Commr. Hill referred to Tab 18, questioning whether the Board would receive a cost estimate before the caretakers’ residence was constructed
Mr. Minkoff replied that the request only allowed the County to include the residence in the design, and the final designs would be brought back to the Board on a one by one basis before any facility was constructed or renovated.
reports – commissioner conner – district 3
incorrect newspaper regarding millage rates
Commr. Conner asked if the County was going to raise the millage rates to reiterate that the Board has definitely not approved raising millage rates this year. He stated that the Daily Commercial newspaper has published an inaccurate reflection of the Commissioners’ comments, and asked that the Chairman draft a letter to be sent to the Daily Commercial regarding these concerns.
Commr. Cadwell replied that he would not feel comfortable drafting this letter, as he has never gotten involved with any newspaper regarding published information.
Commr. Conner expressed his concerns about how the misinterpretation would be perceived by the citizens, and opined that it is the Board’s duty to clarify the mistake.
Commr. Renick noted that she shared Commr. Conner’s frustrations with the incorrect publications, but related that the she would not put the Chairman in a position of having to address the newspaper every time there was a misprint.
Commr. Conner replied that he was referring to a specific millage rate issue, and added that he did not feel as if the incorrect information was due to dishonorable intentions but rather a lack of communication.
rEPORTS – COMMISSIONER STEWART – DISTRICT 4
National guard deployment ceremony
Commr. Stewart stated she attended the deployment ceremony for our National Guard units and was extremely proud of the young women and men that will be traveling overseas to the war zone. She related that the City of Leesburg and the County both send their best wishes, and their prayers are with them.
REPORTS – COMMISIONER CADWELL – CHAIRMAN AND DISTRICT 5
board and committee liaisons
Commr. Cadwell presented the Board with the 2010 Liaison/Membership Appointments, stating that all Commissioners will keep the same membership, but he did add one category titled “Water Issues”. He noted that his office is in the process of compiling a list that reflects each Commissioner’s memberships that are connected to County business, and asked that all Commissioners submit that information to Ms. Wendy Taylor at their earliest convenience.
Commr. Renick clarified that the Water Alliance no longer exists, and that she is no longer a member of the Smart Growth Alliance.
Commr. Cadwell mentioned that in most cases, the Chairman serves on the St. Johns River Alliance Board of Directors, and stated that he will continue to serve on this Board.
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 5-0, the Board approved the appointment of Board and Committee Liaisons and approved Resolution No. 2010-06, appointing members to the Tourist Development Council.
Commr. Cadwell stated that webinars regarding the TABOR Amendment will be held at the Agriculture Center in Gainesville on January 21, 2010, from 9:00 a.m. until 12:00 p.m. for any Commissioner wishing to attend.
health department director
Commr. Cadwell asked the Board if they would like to meet the Health Department Director applicant before an opinion is formed.
Ms. Marsh stated that the Florida Statute requires that the Board to review the decision of the Health Administrator and concur with that selection.
Commr. Stewart questioned what alternative options are available if the Board was not happy with Tallahassee’s decision.
Ms. Marsh answered that, theoretically, Tallahassee would have to choose another applicant.
Commr. Conner questioned whether the Board had any legal authority regarding this issue.
Commr. Hill clarified that the Board has the authority to agree or disagree with the choice, but Tallahassee has the option of choosing the applicant.
Commr. Stewart stated that she served on the Selection Committee for the Health Department Director job position, and noted that she would have liked to see the County’s local Health Administrator chosen because she would effortlessly move into the position. She related that the chosen applicant would perform great and was highly qualified, but opined that she was disappointed that the County’s local Health Administrator was not chosen.
Commr. Hill asked what the process was for the Selection Committee in making their choice.
Commr. Stewart answered that the Committee chooses two applicants and sends the names, along with any comments, to Tallahassee.
Commr. Conner supported Commr. Stewart’s comments, and added that the local Health Administrator has an excellent reputation and is also supported by staff. He commented that it is good morale to promote from within when you have two applicants virtually tied for the position, and expressed that he supports promoting the County’s current employee.
Commr. Cadwell questioned if he was able to draft a letter to the Assistant Deputy asking him to reconsider.
Mr. Minkoff replied that according to Florida Statute, the Chairman could draft a letter if it was the will of the Board.
On a motion by Commr. Hill, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved adding the Health Department appointments to the Agenda.
Commr. Renick asked if the local Health Administrator was guaranteed the position if the Board did not concur with Tallahassee’s original decision.
Commr. Cadwell clarified that the drafted letter would specifically ask for the reconsideration of the final two applicants.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried unanimously by a vote of 5-0, the Board approved the authorization for the Chairman to draft a letter to be sent to Tallahassee asking for the reconsideration of the final two applicants for the Health Department Director.
CITIZEN QUESTION AND COMMENT PERIOD
Ms. Linda Nagel, Executive Director of the Home Builders Association, stated that currently the Comprehensive Plan is not available on the County’s website, and requested that the Board allow additional time to give citizens adequate opportunity to study the Comprehensive Plan before the Public Hearing is held.
Dr. Christine Harris, resident of Mount Dora, questioned whether the Board was aware of the “Save Our Seniors” Exemption regarding the tax assessment.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:10 a.m.
welton g. cadwell, chairman
NEIL KELLY, CLERK