A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
november 15, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, November 15, 2011 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: Jennifer Hill, Chairman; Leslie Campione, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, 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 Courtney Vincent, Deputy Clerk.
INVOCATION and pledge
Commr. Cadwell gave the Invocation and led the Pledge of Allegiance.
Mr. Gray asked that Tab 33 be moved to the front of the agenda, Tab 32 be moved up in the agenda, Tab 4 and Tab 13 be pulled for discussion, and Tab 24 and Tab 35 to be postponed until at a later date.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 6, 2011 (Regular Meeting) and October 4, 2011 (Regular Meeting) as presented.
Lake county recycles day proclamation
A group of first grade students from Tavares Elementary School gave a presentation to the Board in show of their support for America Recycles Day.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Proclamation 2011-164 declaring November 15, 2011 as Lake County Recycles Day.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Conner 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.
Lake County Water Authority Final Budget for FY 2011-2012
Request to acknowledge receipt of a copy of the Lake County Water Authority’s Final Budget for FY 2011-2012.
Receipt of Excess Fees
Request to acknowledge receipt of excess fees returned to the Board of County Commissioners from the Clerk of Circuit Court, in the amount of $393,453.95.
Southwest Florida Water Management District Water Resource Development Program
Request to acknowledge receipt of a letter from the Southwest Florida Water Management District dated October 25, 2011, stating that the District’s draft five-year water resource development work program pursuant to subsection 373.536(6)(a)(4), Florida Statutes, was approved at its Governing Board meeting on October 25 and was awaiting comments from the Department of Environmental Protection.
COUNTY MANAGER’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 25, pulling Tabs 4 and 13 for discussion and postponing Tab 24 to be heard at a later date, as follows:
Request to approve the termination of contract 09-0021 (consultant support to the initial Neighborhood Stabilization Program) for convenience.
Request for approval and signature on the Agency for Persons with Disabilities Addendum to the Medicaid Waiver Services Agreement to provide transportation to the developmentally disabled.
Request to approve the award of contract 11-0829 for OEM Caterpillar repair parts and services to Ringpower (Riverview, FL), and to authorize the procurement office to complete all implementing documentation. The fiscal impact is $25,000.
Request to approve the award of term and supply contract 11-0824 for towing services to Kling Towing and Recovery, and to authorize the procurement office to execute all implementing documentation. The fiscal impact is an estimated $25,000.
Request for approval to complete the purchase of County Departments and Sheriff Office vehicles via State contract supplemented by competitive action. This recommendation deals with process and has no direct fiscal impact.
Facilities Development and Management
Request to approve award of contract 11-0423, Lawn Maintenance and Related Services. Fiscal impact is $183,110.40.
Request to approve a GMP of $84,992.99 and a 10% contingency value of $8,507.01 and the related budget transfer for the project entitled “Lake County Public Defender Re-Roof Project.” Also to authorize County staff to complete all associated implementing documents. The reason for the transfer is due to the fact that the budgeted amount was for roof replacement only, and the funds lapsed at September 30, 2011 before the GMP was approved. The Construction Manager and County staff later determined that the roof insulation was also damaged thus costing more to replace than originally budgeted. The fiscal impact is $93,500.00.
Request to approve a GMP of $164,018.28 and a 10% contingency value of $16,400.00 for the project entitled “Lake County Public Works Road Operation Center Addition”, and authorize County staff to complete all associated implementing documents. The fiscal impact is $180,418.28.
Request for authorization to fill one (1) part-time (24 hours per week) Fire Inspector position in the Growth Management Department/Building Services Division as a limited term position, duration up to twelve (12) months based on operational need. The fiscal impact is $27,817.
Request to approve an Interlocal Agreement between Lake County and the City of Fruitland Park relating to the annexation of enclaves. There is no fiscal impact.
Request to approve a GMP of $67,920.10 for the project entitled “Lake County EECBG Solar Pilot project”, and to authorize County staff to complete all associated implementing documents. The fiscal impact is $ 67,920.10, which is 100% grant funded.
Request to approve and sign the Microsoft Enterprise Enrollment packet for the purchase of software licensing and assurance.
Request for authorization to fill one (1) vacant Accounting Technician position in the Department of Public Resources, Parks & Trails Division. The fiscal impact is $34,895.
Request to adopt the FY 2011/2012 Annual Plan of Service and Combined Budget for the Lake County Library System. No fiscal impact.
Request for approval and signature of the Florida Department of Transportation (FDOT) Local Agency Program (LAP) Agreement and Resolution No. 2011-165 for National Scenic Byways Program Grant for the North Shore Trailhead and Scenic Overlook design project; approval and signature of unanticipated revenue Resolution No. 2011-166; and approval of budget transfer. Request for approval to design and permit the North Shore Trailhead and Scenic Overlook. The grant, administered by FDOT, is a federal grant from the U.S. Department of Transportation, Federal Highway Administration. The total project is $854,955 ($681,855 grant; $173,100 match). The fiscal impact for FY 11/12 is $60,000 grant and $173,100 County match. The fiscal impact for FY 12/13 will be $621,855 in grant revenue.
Request to approve recommended branch library closings for calendar year 2012. No fiscal impact.
Request to approve the use of "out of session" operating hours for Cooper Memorial Library when classes are not in session at Lake-Sumter Community College. No fiscal impact.
Request to approve the award of term and supply contract 11-0825 for ADA Playground Mulch to Playcore Wisconsin, Inc., dba Gametime, and authorize the Procurement Division to execute all implementing documents. Fiscal impact is estimated at $55,000.
Request to advertise for the Sunset Avenue Construction Project at an estimated cost of $1,054,000.00 from the Road Impact Fee Benefit District 6-Infrastructure-Construction. Commission District 1. The fiscal impact is $1,054,000.00.
Request for authorization to award CR-44 Intersection with CR-44 Leg A, Project No. 2011-07, Bid No. 12-0008, to C. W. Roberts Contracting, Inc., in the amount of $553,379.26, and to encumber and expend funds in the amount of $481,000.00 from the Road Impact Fee Benefit District 3-Infrastructure-Construction Fund and $72,379.26 from the Renewal Sales Tax Capital Projects PW-Resurfacing - Infrastructure – Construction Fund. Commission District 3. The fiscal impact is $553,379.26.
Request for approval to bid and advertise construction of a new water service system in the south area of Umatilla which will replace an antiquated system currently owned and operated by the Board of County Commissioners. Request to approve Budget Change Request Form reflecting reprogrammed CDBG funds. The fiscal impact is $1,196,286.00. Commissioner District #5.
South Lake Health Clinic property purchase
Commr. Conner stated that he had requested this agenda item be pulled from the County Manager’s Consent Agenda because he was abstaining from voting due to a conflict of interests.
On a motion by Commr. Cadwell, seconded by Commr. Parks and carried unanimously by a 4-0 vote, the Board approved a request from Community Services for approval and signature on Resolution No. 2011-169 to amend the General Fund to receive Unanticipated Revenue in the amount of $995,085.00 from the State of Florida, Department of Health to reimburse the Board of County Commissioners for the purchase of property in the South Lake Medical Arts Complex for the South Lake Health Clinic. The fiscal impact is $995,085.00 (100% Grant Funded).
Commr. Conner abstained from voting.
Heritage trees designation presentation
Mr. Brian Sheahan, Planning Division Manager for Growth Management, presented to the Board a proposed resolution supporting the designation of 68 live oak trees in the common areas of the Highland Lakes Subdivision as Lake County Heritage Trees. He specified that all 68 trees met the requirements for designation and then read the resolution in its entirety.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved Resolution No. 2011-170 acknowledging the designation of 68 trees of the species Quercus virginia located in the common areas of the Highland Lakes Subdivision as Lake County Heritage Trees.
The Board presented a signed copy of the resolution to representatives of the Highland Lakes Subdivision Homeowners’ Association.
Hospice month proclamation presentation
Commr. Parks read Proclamation No. 2011-162, proclaiming the month of November 2011 as Hospice Month in Lake County, in its entirety and then presented a signed copy of the resolution to Ms. Cheryl Rumbley, Community Relations Coordinator, Lake and Sumter Counties, Cornerstone Hospice.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved rescheduling Tab 27 until the December 6, 2011 BCC Meeting in order to have a more in depth discussion on the proposed ordinance.
On a motion by Commr. Cadwell, seconded by Commr. Parks, and carried unanimously by a vote of 5-0, the Board approved the County Attorney’s Consent Agenda, Tabs 28, 30, and 31, pulling Tab 29 for a separate vote, as follows:
Request to approve the agreement between Lake County and J. W. Brooks, Inc. and the Lake County Health Department for warehouse space, reducing the costs of renovations/reimbursement. Fiscal Impact - Cost Savings $2,810.
Request for approval to cancel the Mortgage and release the Note executed by Suzanne Boudreau on November 9, 2007, and recorded at O.R. Book 3583, Pages 1485 through 1490, upon receipt of the $1,125 payment. Fiscal Impact: The original loan amount was $10,000; recovery will be $1,125.
Request for approval to make tax deed applications on 248 parcels for year 2008 County held tax certificates. The fiscal impact is $43,775.
Perpetual Utility Easement
Commr. Parks stated that he had requested this item be pulled from the County Attorney’s Consent Agenda because he needed to abstain from voting due to a conflict of interest.
On a motion by Commr. Cadwell, seconded by Commr. Campione, and carried unanimously by a vote of 4-0, the Board approved the request from the County Attorney for approval of a Perpetual Utility Easement to SECO and to authorize Chairman to execute the document. The fiscal impact is $55,943.95.
Commr. Parks abstained from voting.
ordinance for lake co. Enterprise Zone Development Agency
Mr. Minkoff placed the proposed ordinance on the floor for its first and final reading by title only, as follows:
An ordinance of the board of county commissioners of lake county, Florida; creating division 4, sections 2-90 through 2-90.6 of chapter 2, article iv of the lake county code, to be entitled “lake county enterprise zone development agency’; providing for a title and purpose; providing for expenses and succession; providing for quorum; providing for procedures; providing for a report to the state office of tourism, trade and economic development; providing for dissolution; providing for severability; providing for inclusion in the code; providing for filing with the department of state; and providing for an effective date.
Mr. Minkoff specified that the proposed ordinance would implement the Agency should the County be approved for the Enterprise Zone and that the ordinance did provide that if the County was not approved that the Board would come back and dissolve the Agency. He stated that the Agency was required by Enterprise Zone legislation.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Parks, seconded by Commr. Campione, and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2011-58 creating Division 4, Section 2-90 through 290.6 of Chapter 2, Article IV of the Lake County Code, and establishing the Lake County Enterprise Zone Development Agency.
recess and reassembly
The Chairman announced that there would be a fifteen-minute recess at 9:39 a.m.
public hearings: rezoning
Mr. Brian Sheahan, Planning Division Manager for Growth Management, stated that the meeting had been properly advertised and noted that there was an Addendum to the agenda which had been distributed to the Board members prior to the meeting.
Rezoning consent agenda
Commr. Hill opened the public hearing for the cases on the Rezoning Consent Agenda.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Campione, seconded by Commr. Conner and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda as follows:
Tab 2. Ordinance No. 2011-61
Cecil and Dyanne Bodiford
Stephens & Barrios – Carlos A. Barrios
Cecil & Dyanne Bodiford/Barrios Engineering, LLC
The Applicant has requested to rezone 1.43 +/- Acres from Urban Residential (R-6) to Planned Commercial (CP) to permit General Retail, up to 8,000 square feet of floor area.
Commr. Hill opened the public hearing for the cases on the Rezoning Consent Agenda Addendum.
There being no one who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board approved the Rezoning Consent Agenda Addendum as follows:
Tab 4. Ordinance No. 2011-60
BLR-561, LLC/George Kramer
Highway 561 – BLR Property
The Applicant has requested to rezone 258-acres of Agriculture property to Planned Unit Development (PUD) zoning to facilitate the development of a 50-lot residential subdivision of single family detached dwellings.
Rezoning regular agenda
Rezoning case no. PH 17-11-3 Banana cove marina
Mr. Sheahan stated that the applicant was requesting to rezone approximately seven acres of Banana Cove Marina property from Residential Mobile Home Rental Park (RMRP) with Conditional Use Permit (CUP) #88/8/1-3 to Planned Commercial (CP) to allow the exiting marina to increase the number of covered boating slips. He explained that the requested change was necessary in order to allow the marina to conform to CP zoning. He mentioned that the property contained a caretaker’s residence, field storage facility, bait and tackle shop, café and three shed structures. He reported that the Zoning Board allowed several changes which were contained in the addendum and that staff and the Zoning Board recommended approval of the proposed ordinance. He noted that staff was requesting one change on page two of the amended ordinance, specifying that the change would be to the utilities section C.1, adding the phrase, “if available” to the end of the sentence.
Ms. Alison Yurko, a Land Use Attorney representing the Banana Cove Marina property owners, addressed the Board to thank staff for their help and stated that they would be revoking the CUP so it could be updated and that Mr. Sheahan would be signing off on a site plan for the property. She added that they would receive a building permit in the next couple of days as well. She stated that sections A through J of the proposed ordinance would apply to new development and/or structures and not what was already present on the property.
The Chairman opened the public hearing.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a vote of 5-0, the Board approved Ordinance No. 2011-59, Rezoning Case No. PH #17-11-3, Dennis and Holley Wilson/Barry Blake/Alison Yurko, Esq., Banana Cove Marina, to rezone the property from Residential Mobile Home Rental Park with CUP#88/8/1-3 to Planned Commercial for the existing marina to increase the number of covered boat slips.
Rezoning case no. cup #11/12/1-3 Stanley Pond Farms
Mr. Steve Greene, Chief Planner for Growth Management’s division of Planning and Community Design, addressed the Board concerning CUP #11/12/1-3 for Stanley Pond Farms. He reviewed that in August 2011 the Board had approved a CUP for Stanley Pond Farms’ agri-tourism business. He explained that, since the adoption of ordinance 2011-51 for that CUP, the applicant had submitted a request to amend the CUP condition regarding airboat operations in order to eliminate the one-hour restriction on airboat operation while maintaining the operational hours of 11:30 a.m. through 3:30 p.m. He stated that staff found the request to be consistent with the original ordinance. He noted that the Zoning Board had approved the request and that staff recommended the approval of the ordinance.
The Chairman opened the public hearing.
Mr. Ted Wicks from Wicks Consulting Services addressed the Board as a representative of the applicants. He noted Mr. Robert Denis, the owner of Stanley Pond Farms, had made the concession during the process of reviewing the initial CUP that the airboat would only be allowed to run for a total of one hour between the hours of 11:30 a.m. and 3:30 p.m. and that the noise level would not exceed 78 decibels. He expressed that the current time restriction negatively affected the business plan for Stanley Pond Farms and asked the Board to amend the CUP to allow the airboat to operate for any length of time between the hours of 11:30 a.m. and 3:30 p.m. He opined that the airboat would become part of the ambient noise within the area surrounding the property and added that they would provide the Board with additional information supporting their position.
Commr. Conner asked how the one hour restriction on the airboat usage had become part of the original CUP.
Mr. Wicks replied that when the request for the CUP had originally been brought before the Board there had been no airboat operation restrictions but, because of objections voiced by neighbors to the property, they had been required to negotiate the allowable time for airboat usage. He explained that, since they had been put on the spot to estimate a reasonable amount of time, an hour had been their best guess. He mentioned that the airboat rides had become more successful than originally anticipated, prompting the need for additional time.
Commr. Conner asked if County staff had reviewed the sound study.
Mr. Sheahan replied that staff had reviewed the sound study conducted by Mr. Wicks and the study demonstrated that the sound levels at the property line would be below the ordinance-specified noise level of 78 decibels.
Ms. Mary Cooper, a resident of Astatula and a neighbor to the Stanley Pond Farms property, addressed the Board in opposition to the proposed change to the CUP. She remarked that living next door to Stanley Pond Farms was like living next door to a small airport where the airplane never took off because the airboat sounded like a small airplane. She added that the combined noise levels of the airboat, which was located about 100 feet from her barn, and other equipment on the property were very unpleasant. She stated that she regretted previously agreeing to the one hour time limit and explained that in the future she was planning on requesting a CUP to open a riding school but it would be difficult to teach the students if they could not hear her.
Commr. Campione asked Ms. Cooper if the noise level of the airboats used by the Water Management District affected her.
Ms. Cooper explained that, because of a substantial tree buffer between her property and the airboats used by the Water Management District, she could hear them but not to the extent that she could hear the airboat at Stanley Pond Farms. She added that the Water Management District did not use the airboats every day.
Commr. Conner asked Ms. Cooper if she had attended the Zoning Board meeting when this issue had been addressed or if she submitted a written statement to the Zoning Board.
Ms. Cooper replied that she did not attend the meeting or submit a statement.
Mr. Jay Manger, an owner of property adjacent to Stanley Pond Farms, addressed the Board in opposition to the proposed change to the CUP. He stated that a retired couple lived in a mobile home on his property and, when he had visited their home during times when the airboat was running, the noise of the airboat could easily be heard in the mobile home. He expressed that, while the sound measurements might indicate the noise should not be intrusive, it was in fact bothersome and his tenants were complaining about it. He also expressed concern that the noise from the airboats would make it difficult to lease the property in the future. He remarked that he had been one of the people to push for the one hour total run time for the airboat and opined that Mr. Denis pushed the limits of the one hour restriction.
Mr. Wick specified that even though the airboat was available for use between 11:30 a.m. and 3:30 p.m. it did not run constantly during that time, it was only used when there was a demand for it. He opined that Stanley Pond Farms met what was reasonable as far as sound level and operational times and added that if the airboat time limit had not been added to the CUP then Mr. Denis would be allowed to run the airboat at any time of day and at any noise level as long as he did not violate Florida Statute.
Mr. Denis addressed the Board and distributed a copy of his report comparing sound levels for different pieces of machinery compared to his airboat. He described his airboat, named “Skippy,” as having a 20 horse power Volkswagen engine with a 48 inch propeller and noted that it was much smaller than a standard airboat. He stated that his airboat measured 78 decibels, which was substantially less than many other common sounds such as 107 decibels for a lawnmower or 94 decibels for a tractor.
There being no one else who wished to address the Board, the Chairman closed the public hearing.
Commr. Conner suggested finding a compromise such as extending the time limit from one hour to two hours as opposed to allowing four hours of operation every day of the week.
Commr. Hill opined that it was not financially feasible to only allow one hour of total operation time, mentioning that it would take 10 minutes between rides to allow for loading and unloading of passengers which meant that the maximum number of rides per day would be approximately 24 to 30 rides. She remarked that she would be willing to extend the total run time to two hours per day.
Commr. Cadwell stated that he did not have any concerns regarding the recommendation of the Zoning Board to allow the airboat to run during the entire 11:30 a.m. to 3:30 p.m. timeslot.
Commr. Campione pointed out that the noise level of the airboat was not loud enough to disrupt the other activities on the farm.
Commr. Parks expressed that an agreement had been made between Mr. Denis and the neighboring property owners and he was concerned because of how soon Mr. Denis was bringing the issue back before the Board instead of waiting a reasonable amount of time. He commented that he was inclined to support the original agreement.
Commr. Campione opined that it was easier to monitor set hours of operation as opposed to total run time.
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried by a vote of 4-1, the Board approved Ordinance No. 2011-62, CUP #11/12/1-3, Susan and Robert Denis/Stanley Pond Farms, amending Ordinance 2011-51 for CUP #11/13/1-3 to eliminate the one hour restriction for the airboat operation.
Commr. Parks voted, “No.”
County manager’s departmental business
conservation and compliance
resolution supporting south lake reclaimed water projects
Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board regarding a proposed resolution supporting collaboration among southern Lake County municipalities in ongoing and future reclaimed water projects. He noted that there were currently 112 public supply consumptive use permits in the County that withdrew about 60 million gallons of water per day from the aquifer and that wells, both permitted and not permitted, in the County withdrew approximately between 1.5 and 2 million gallons of water per day. He explained that the Water Alliance of Lake County was formed about seven years ago and as the first cooperative effort the St. John’s River Water Management District (SJRWMD) funded a water supply plan initiative, but once the report had been completed it had not been utilized. He noted that one benefit of that initiative was that the utility directors had formed a technical working group to support the Water Alliance, adding that they still continue to meet at least quarterly. He stated that the most recent initiative of the working group was to create a media plan approved by the SJRWMD to deal with their conservation requirements of the consumptive use permits. He also mentioned that a regional water strategy had been developed as part of the Urban Land Institute and the Congress of Regional Leaders and the report had been put out on November 4, 2011. He commented that in June of 2011 the South Lake Chamber of Commerce, in an effort to get the cities and utilities of South Lake to work together, invited the executive director of the SJRWMD to come to a meeting to discuss what the cities could do together to improve cooperation and to address the alternative water supply needs of the South Lake region. He reported that, as a result of that meeting, the City of Groveland created a resolution that was approved in September 2011 in an attempt get all of the cities, the County, and the Water Authority to cooperate on an initiative to work together in regards to reclaimed water. He expressed that conservation was the cheapest means of saving water and that reclaimed water was a viable alternative water supply.
Mr. B. Kraig McLane, SJRWMD Intergovernmental Coordinator for Lake County, addressed the Board concerning the cooperative efforts of the South Lake region. He reported that back in 2005 SJRWMD, through its water supply planning process, had projected that over the next 20 years there would be shortfalls in groundwater supplies and that reclaimed water was the most viable source for conservation efforts for the South Lake region. He stated that SJRWMD continued to encourage implementing conservation practices and alternative water supply projects. He discussed the Central Florida Water Initiative, explaining that SJRWMD was working with other water management districts to update groundwater models to be more reflective of the actual water resource situation and to create a standardized set of rules, definitions, and interpretations for each of the Central Florida water management districts to utilize. He stated that SJRWMD supported the reclaimed water initiatives and that the proposed resolution before the Board was a good step forward.
Commr. Campione asked if, in regards to the Central Florida Water Initiative, the push was to look at models that did not stop at water management district boundaries and instead use models that were reflective of the actual situation.
Mr. McLane replied that current models did not stop at the district boundaries and what they were doing was moving from a static-type model to a transit model that would be more applicable in real-time situations.
Commr. Campione remarked that they needed to be looking at water management from a larger standpoint because what was happening impacted more than just one area and that they should push to broaden the scope of the initiatives.
Commr. Parks specified that one of the intentions of the proposed resolution was to pursue better science, modeling, and to study the total impact on water resources for the region instead of just one specific area. He stressed that collaboration was key, mentioning that there were cities with utilities that were facing very real economic constraints in regards to the costs of the consumptive use permits. He opined that the days of cheap and plentiful water were coming to an end and they needed to be proactive and work together towards goals such as combining the reclaimed water systems together and pursuing the viability of stormwater harvesting.
Commr. Cadwell remarked that the transmission reclaimed or alternative use water would be expensive and the County should be involved in discussions on those projects because the County would be affected by the actions of the municipalities.
Mr. Tim Loucks, Vice Mayor and District 3 representative for the City Council of Groveland, commented that it had become apparent to him during the June meeting with SJRWMD that the issue needed to be addressed as a regional problem because when any of the five South Lake cities got a consumptive use permit independent of the other cities it affected the other cities. He noted that Groveland was a priority caution recharge area for the aquifer, explaining that any time anyone below them drew water out it affected the levels of their lakes and when those lakes showed signs of decreased water it was indication of a very serious water problem in Orange County. He expressed that the best solution had been to look at the issue regionally by bringing the five South Lake cities together and to try to have a common reclaim line, utilize some of Conserv II’s water, and recharge some of the upper areas to prevent lake levels from dropping. He noted that water had a lot to do with economic development as well.
Commr. Campione added that the water levels of the lakes would also impact economic development because it would affect ecotourism. She stated she was in support of the resolution and suggested broadening the discussion further on what other approaches to take.
Commr. Parks reported that the next step was an organizational meeting on November 22, 2011 that the South Lake Chamber was helping to facilitate. He also noted that there was a Water Summit scheduled in February.
On a motion by Commr. Parks, seconded by Commr. Campione and carried unanimously by a vote of 5-0, the Board approved Resolution No. 2011-175 supporting collaboration among southern Lake County municipalities in ongoing and future reclaimed water projects, as described in City of Groveland Resolution No. 2011-09-16.
REPORTS – COUNTY Attorney
Discussion regarding regulations for sex offenders
Mr. Minkoff reviewed that back in October the Board had asked staff to research what other governments were doing in terms of regulating convicted sex offenders. He explained that staff had found six types of relevant ordinances: (1) ordinances creating safety zones where offenders were not allowed to go within a certain distance of those zones without a specified preapproved reason; (2) ordinances prohibiting more than a specific percentage of the number of units in any type of a housing development such as an RV park or apartment complex being occupied by offenders; (3) ordinances prohibiting offenders from entering parks without a specified preapproved reason; (4) ordinances making it a violation for a landlord to rent to a person if they are within the distances that the offenders are prohibited from living in; (5) ordinances requiring photo identification cards stating that they are offenders; and (6) ordinances requiring that offenders not on probation who go to a hurricane shelter announce to the head of a shelter that they are an offender.
Commr. Campione asked for clarification on the requirement of where the offenders were allowed to go during an emergency.
Mr. Minkoff specified that the offenders who were on probation or under supervision were directed to go to the Sheriff’s Office, which would be opened as a temporary shelter during a declaration of emergency.
Commr. Campione opined that it was reasonable to require that offenders identify themselves to the head of an emergency shelter. She remarked that she was in favor of regulations limiting the percentage of offenders living in a specific housing development as well as the creation of 300 foot safety zones around prohibited areas but that she was not in favor of the fourth option that put the responsibility on the landlords because it was too difficult on the landlords. She stated she would like to see the Board move forward with additional provisions to the ordinance.
Commr. Hill agreed with the suggestion of the 300 foot safety zones but asked how the offenders would get to necessary places such as a court house without going through a zone.
Commr. Campione explained that it pertained more to loiterers and providing law enforcement with a tool to remove the offenders from the area. She asked if the restrictions on the percentage of offenders living in a housing development included single family subdivisions.
Mr. Minkoff replied that it was very difficult to define a subdivision, noting that sometimes they were actually a group of many subdivisions.
Commr. Campione requested that the County Attorney’s Office figure out a way to define a single family neighborhood because of her concern that some of those neighborhoods could potentially be targeted for offenders because they were outside safety zones and there was currently nothing preventing multiple offenders from living there clustered together.
Commr. Cadwell requested to see the additional language to the ordinance before advertising it.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a vote of 5-0, the Board directed the County Attorney to draft an Ordinance that would provide for a percentage residency restriction and attempt to define a single-family neighborhood within those restrictions, prohibit sex offenders from entering certain facilities or an established safety zone around those particular facilities, and require that sex offenders identify themselves to the official in charge at emergency shelters should they have to utilize them.
REPORTS – COUNTY MANAGER
Mr. Gray reported that there would be a budget workshop on December 13, 2011 and that they were looking to have the meeting off site. He clarified that the meeting would still be open to the public and the location would be properly noticed in advance.
Cancellation of future BCC Meeting
Mr. Gray reported that the meeting for Tuesday, November 22, 2011 had been cancelled because of its proximity to the Thanksgiving holiday and that no meeting was scheduled for November 29 because it was the fifth Tuesday of the month. He stated that the next Board meeting was scheduled for December 6.
REPORTS – COMMISSIONER HILL – CHAIRMAN AND DISTRICT 1
Leadership Lake County Day
Commr. Hill thanked everyone who participated in Leadership Lake County Day, mentioning that Lake County had been the government host and she had received a lot of positive feedback on the event.
reports – commissioner parks – district 2
mining committee meetings
Commr. Parks suggested extending an invitation to the Lake County Water Authority staff to be regular attendees at the Mining Committee meetings in a non-voting capacity.
The Board agreed by consensus to the suggestion.
Landscape ordinance issues
Commr. Parks commented on the Landscape Ordinance issue and mentioned having an outside working group provide recommendations on how to proceed.
Mr. Gray replied that staff would be looking at the Landscape Ordinance this year.
Commr. Campione suggested gathering input from outside groups on what specific problems there were with the ordinance.
Commr. Conner suggested having staff send a letter to the Chamber Alliance and the homebuilders requesting their suggestions regarding the ordinance.
Commr. Cadwell suggested the letter state the goals of the Board and request the Chamber Alliance respond with their input on those goals.
The Board agreed by consensus to have staff send a letter to the Chamber Alliance stating the goals of the Board regarding the Landscape Ordinance and requesting input from the Chamber Alliance on the ordinance within a specified time frame.
City of Clermont Concerns over EMS Services
Commr. Parks reported receiving a letter from the City of Clermont regarding EMS services as well as their concern over there no longer being an ambulance housed at Station 3 24 hours a day, seven days a week, because of the new dynamic hybrid model of deployment. He mentioned that the issue would be addressed as an agenda item at a Lake EMS Operational Subcommittee meeting.
reports – commissioner conner – district 3
Tavares elementary school tribute to veterans’ day
Commr. Conner reported that he had visited the Tavares Elementary School’s fifth grade tribute to Veteran’s Day, noting it was a Patriot’s Museum. He remarked that the Lake County Historical Society had a strong presence with the School’s tribute and he was impressed with what they had done.
REPORTS – COMMISSIONER campione – vice chairman and DISTRICT 4
Correction of error in daily commercial article
Commr. Campione reported that an article by Mr. Chris Gerbasi in the Daily Commercial entitled “Summit Brings Business Leaders Together” had stated incorrectly that Mr. Tom Mancuso, one of the presenters at the Summit, suggested the County would be better served by providing incubators to big businesses rather than small businesses. She clarified that Mr. Mancuso had stated the opposite, that small businesses would benefit more from the incubators.
Update to county website
Commr. Campione commented on the criticism received regarding the County’s website during the Economic Development Summit and stressed that it was a priority for staff to work towards updating the website to better promote the County. She mentioned that the job of revamping the website might require utilizing an outside consultant.
Economic development working group
Commr. Campione suggested the Board and staff should create a working group with the goal of “strategic doing” to constantly stay on top of important issues regarding economic development from a regulatory standpoint.
Commr. Campione commented on the Lobbyist Ordinance, opining that it was a deterrent. She suggested the Board consider doing away with the existing Lobbyist Ordinance because Lake County was in the minority in having that ordinance and it could act as a deterrent to a company wanting to bring their business to the County. She suggested asking the County Attorney’s Office to research what other counties were doing in regards to that type of ordinance.
The Board asked the County Attorney’s Office to bring back information to the Board regarding what other counties have similar ordinances so the Board could review the information and consider if they should do away with the ordinance.
REPORTS – commissioner cadwell – district 5
update to county website
Commr. Cadwell suggested that Mr. Gray meet with staff regarding revamping the County’s website and come before the Board in a week with a recommendation on how to proceed.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:51 a.m.
jennifer hill, chairman
NEIL KELLY, CLERK