A
REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
JANUARY
16, 2007
The
Lake County Board of County Commissioners met in regular session on Tuesday,
January 16, 2007, 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; Debbie Stivender; Jennifer Hill; Elaine Renick;
and Linda Stewart. Others present were:
Sanford A. (Sandy) Minkoff, County Attorney; Cindy Hall, County Manager; Wendy
Taylor, Executive Office Manager, County Manager’s Office; Barbara Lehman,
Chief Deputy Clerk, County Finance; and Sandra Carter, Deputy Clerk.
INVOCATION
AND PLEDGE
Commr.
Cadwell gave the Invocation and led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, informed the Board that, with regard to Tab 16,
under the County Manager’s Departmental Business, the amount of the transfer
request should be changed from $175,000 to $150,000.
Mr.
Sandy Minkoff, County Attorney, stated that the Value Adjustment Board would
like to have the starting time changed for the Board of County Commissioner’s
Meeting, scheduled for February 20, 2007, which he would address under his
Reports.
MINUTE
APPROVAL
Regarding the Minutes of December
19, 2007, Commr. Renick requested the following changes:
On Page 14, Line 21, change Commr.
Stewart to Commr. Renick.
On Page 15, Line 18, clarify whether
or not the wording “it would impact” should be changed to “it would not
impact”.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the Minutes of
December 19, 2007 (Regular Meeting), as corrected.
CLERK OF COURTS’ CONSENT AGENDA
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried
unanimously, by a 5-0 vote, the Board approved the following requests:
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.
Notice Before Public Service
Commission
Request to acknowledge receipt of Notice Before the
Public Service Commission – Order Correcting Territory Description – In re:
Application for amendment of Certificate Nos. 496-W and 465-S, to extend water
and wastewater service areas in Lake County by Lake Utility Services, Inc. –
Docket No. 020907-WS; Order No. PSC-06-1065-FOF-WS; Issued: December 26, 2006.
Satisfaction and Release of Fine
Request to acknowledge receipt of Satisfaction and
Release of Fine for Ralph Talsky, whose address is 11331 Lakeview Drive,
Leesburg, FL 34788.
Satisfaction and Release of Fine
Request to acknowledge receipt of Satisfaction and
Release of Fine for Ralph Talsky, whose address is 11331 Lakeview Drive,
Leesburg, FL 34788.
Unclaimed Excess Proceeds for Tax Deeds
Request to acknowledge receipt of unclaimed excess
proceeds for tax deeds totaling $5,916.46 and transfer of funds from Clerk’s
account to the Board of County Commissioners’ account.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stewart asked that Tab 7, a
request from Public Works for approval to accept the final plat for the Reserve
at Lake Seneca and all areas dedicated to the public, be pulled for discussion.
On a motion by Commr. Stivender,
seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board
approved the following requests:
Community Services
Request for
approval of Agreement
between Lake County and Leesburg Regional Medical Center, for hospital services
for jail inmates; and authorization for Board Chairman to sign the Agreement
and any subsequent documents relating to the Agreement. Also, pursuant to the Agreement, authorize
the Lake County Jail Administrator to name an administrator to serve as the
hospital contact.
Employee Services
Request for approval of the revision
of the Workers’ Compensation and Property and Liability Programs Policy –
LCC-71.
Procurement
Request for approval for
standardization of the County’s light and medium duty vehicle fleet on Ford
products.
Public Works
Request for approval to authorize and
execute Resolution No. 2007-3, accepting
Wilma Avenue (County Road No. 8991C), Corrine Avenue (County Road No. 8991D),
Nancy Avenue (County Road No. 8991E), and Cedar Street (County Road No. 8993C)
into the County Road Maintenance System – Commission District 5.
Request
for approval to release a letter of credit for performance, for installation of
a fire hydrant, in the total amount of $12,441.00, which was posted for Betty’s
Place. Betty’s Place consists of 3 lots and
is located in Section 1, Township 23 South, Range 25 East – Commission District
2.
Request
for approval to release a letter of credit for maintenance, in the amount of
$15,379.35, posted for Deer Park. Deer
Park consists of 14 lots and is located in Section 23, Township 18 South, Range
27 East – Commission District 5.
Request
for approval to release a letter of credit for maintenance, in the amount of
$4,480.00, posted for Grass Roots Air Park.
Grass Roots Air Park consists of 18 lots and is located in Section 23,
Township 21 South, Range 24 East – Commission District 2.
Request
for approval to release funds held in escrow for construction of improvements,
in the total amount of $120,523.62, which was posted for Woodgate. Woodgate
consists of 20 lots and is located in Section 16, Township 18 South, Range 24
East – Commission District 5.
Request
for approval to accept the final plat for Park Hill, Phase II, and all areas
dedicated to the public, as shown on the Park Hill, Phase II, plat; accept a
maintenance bond, in the amount of $179,513.50; execute a Developer’s Agreement
for Maintenance of Improvements Between Lake County and Long Farms North, Inc.;
and execute Resolution No. 2007-4, accepting
the following roads into the County Road Maintenance System: Greenpark Way (County Road No. 4424),
Sloewood Drive (County Road No. 4424A), Greenwalk Way (County Road No. 4424B),
Broadwater Avenue (County Road No. 4424C), and Parkdale Drive “Part” (County
Road No. 4532B). Park Hill, Phase II,
consists of 108 lots and is located in Section 28, Township 19 South, Range 25
East – Commission District 1.
Request
for approval and signature on Resolution
No. 2007-5, to Advertise Public
Hearing for Vacation Petition No. 1094, Shamrock Homes – Keith Shamrock, Rep.
Charles C. Hiott, P.E. – Farner Barley requesting to vacate a portion of a
drainage easement, in the Plat of Biscayne Bluff, located in Section 29,
Township 18 South, Range 26 East, in the Grand Island area – Commission
District 4.
PUBLIC
WORKS
FINAL
PLAT FOR RESERVE AT LAKE SENECA
Commr.
Stewart questioned whether there were any wetlands on the property in question
and was informed by Mr. Jim Stivender, Jr., Public Works Director, that there
were some in the Tract B area, but that they were being protected.
On
a motion by Commr. Stewart, seconded by Commr. Stivender and carried
unanimously, by a 5-0 vote, the Board approved a request from Public Works for
approval to accept the final plat for Reserve at Lake Seneca and all areas
dedicated to the public, as shown on the Reserve at Lake Seneca plat. Reserve at Lake Seneca consists of 24 lots
and is located in Section 2, Township 19 South, Range 27 East – Commission
District 5.
CLOSED
SESSION
Commr.
Cadwell pointed out the fact that a Closed Session was scheduled for 10:00 a.m.
this date, however, asked that it be postponed until later in the meeting, so
that those individuals who were present in the audience would not have to wait
until after the Closed Session for the remainder of the Agenda to be addressed.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS
EMPLOYEE
SERVICES
DEPARTMENTAL
DIVISION NAME CHANGES
Ms.
Susan Irby, Employee Services, explained this request, stating that it deals
with changing some of the division names under a few of the County’s
departments, being Environmental Services, Growth Management, and Community
Services. The purpose of the changes is
to more closely align the division names with what they actually do. There are no reorganizations or new positions
associated with said changes. The
proposed Organizational Chart, with the new changes, was submitted with the
Agenda item.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Employee Services for approval
of departmental division name changes, pursuant to Lake County Code, Chapter 2,
Administration.
GROWTH
MANAGEMENT
RESOLUTION
DECLARING SUPPORT TO CREATE AND FUND SUCCESSOR
PROGRAM
TO FLORIDA FOREVER
Mr.
David Hansen, Public Lands Manager, addressed the Board stating that the
Resolution before the Board this date supports a successor program to Florida
Forever, which is due to sunset in 2010.
Florida Forever is the largest source of funding, statewide, for land
acquisition, which is currently about $300 million per year. Lake County has had a direct benefit (four
successful grant applications) from this program, through the Florida
Communities Trust. There is a movement to increase said funding to $1 billion
per year, but it is separate from the Resolution in question.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Growth Management for approval
of Resolution No. 2007-6, declaring support to the State of Florida
Legislature, to create and fund a successor program to Florida Forever.
PROCUREMENT
DEVELOPMENT
OF TRAILS MASTER PLAN
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board stating that the
Procurement Department, as well as Mr. Bobbv Bonilla, Lake County Parks and
Trails Director, has worked very hard on this project. He stated that, when the County adopted the
Parks Master Plan, the map at that time was very general, with no details, and
few public hearings were held regarding it.
He stated that the County was able to obtain $35,000 from the State, to
move forward with a grant to study trails in the County, which did not get the
County very far, so staff went back to the State and another $65,000 was put in
last year’s budget for same. He stated
that the proposed Trails Master Plan would consist of every trail project in
every entity in the County, noting that they will all be put into one package
within the confines of Lake County, showing how they connect to the Ocala
National Forest, the Van Fleet Trail, the West Orange Trail, etc. He stated that a matrix will then be
developed, indicating which trails are the most used and which ones have the
most participants, as far as funding. He stated that staff was requesting
approval to move forward with the development of a Trails Master Plan for the
County.
Commr.
Cadwell suggested that, during the process, the consultants delineate how much
of the trails are being used for transportation purposes.
A
brief discussion occurred regarding whether or not the needed funds should come
from the General Fund, or from another fund.
Commr.
Renick suggested that the request be postponed until a later date, to allow the
Board additional time to look over the contract, due to the amount of money
involved, at which time it was determined that the request from Procurement for
approval to award the contract for a consultant to assist in development of a
Trails Master Plan to Inwood Consulting Engineers, in the amount of
$274,951.00; and approval to transfer $150,000 from General Fund Reserves,
would be postponed until later in the meeting.
PUBLIC
WORKS
AGREEMENT
BETWEEN LAKE COUNTY AND CENTRAL FLORIDA COUNCIL, BOY SCOUTS OF AMERICA, INC.,
FOR
DISASTER
DEBRIS REDUCTION FACILITY
Mr.
Jim Stivender, Jr., Public Works Director, stated that this was a request for
approval to use the Boy Scouts of America’s property, located in Paisley, as a
staging area for a Disaster Debris Reduction Facility, should the County be hit
with another hurricane or tornado and need it.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Public Works for approval and
signature of the Chairman on the Agreement between Lake County, Florida and the
Central Florida Council, Boy Scouts of America, Inc., for a Disaster Debris
Reduction Facility – Commission District 5.
PUBLIC
WORKS
BARRICADE ON SECTION OF VISTA DEL
LAGO BOULEVARD IN THE
VISTAS
SUBDIVISION
Commr.
Cadwell stated that, when this issue was last brought before the Board, there
was a concern as to whether the School Board would like to have a barricade
that is in place on a section of Vista Del Lago Boulevard, in The Vistas
subdivision, removed and that he would hope the whole issue would not be
relived, but that the comments would be kept to what the questions were at the
last meeting. He stated that the big
question was what the School System thought about the road being barricaded.
Mr.
Jim Stivender, Jr., Public Works Director, stated that the School System has
indicated that they do not have a preference one way or another about how they
pick up the school children from The Vistas subdivision and do not have a
concern one way or another about the barricade.
A
brief discussion occurred regarding the matter, at which time Commr. Renick
stated that the traffic situation is horrible in south Lake County and she
feels that, if Vista Del Lago is closed permanently, it is only going to
exacerbate the problem. She stated that
she feels the South Lake Connector is going to help alleviate the traffic
situation and has no problem with leaving the barricade in place, until the
South Lake Connector is completed, to see if it will alleviate some of the
problems.
Commr.
Stewart stated that she has heard both sides of the situation and both sides
had very good points, but she, too, feels that the South Lake Connector could
solve the problem with the traffic, because people will not be using Vista Del
Lago as a cut-through road. She
suggested that the barricade remain in place, until the South Lake Connector is
completed, to see if it will be a solution to the problem. She stated that, if the South Lake Connector
does not solve the traffic situation, she will support the citizens of The
Vistas subdivision who want Vista Del Lago Boulevard closed permanently,
because they are in the majority.
On
a motion by Commr. Renick, seconded by Commr. Stewart and carried, by a 4-1
vote, the Board approved to leave the temporary barricade for a section of
Vista Del Lago Boulevard, in The Vista’s subdivision, in place, until the South
Lake Connector is completed (scheduled for completion this summer), at which
time this request will be reagendized and brought back before the Board for
further discussion and action.
Commr.
Cadwell voted “No”.
PUBLIC
WORKS
FERNDALE
PRESERVE ON LAKE APOPKA
Mr.
Jim Stivender, Jr., Public Works Director, recognized various Park Rangers that
were present in the audience.
Commr.
Cadwell stated that he has heard nothing but good things from people that have
visited the parks in the County about the Park Rangers and the great job that
they are doing.
Mr.
Stivender stated that his staff spent most of the summer going through the
Ferndale Preserve, trying to figure out the most advantageous locations for
trails for pedestrians and horses, trails with a certain type of environment,
etc. He displayed a copy of the Master
Plan (contained in the Board’s backup material), which he reviewed with the
Board, indicating where the various trails and facilities are located, at which
time he answered questions from the Board regarding same.
Commr.
Renick informed the Board that she visited the Ferndale Preserve on Monday,
January 15, 2007, and took some photographs (contained in a slide
presentation), which she shared with the Board and those present in the
audience. She stated that there has been
a little bit of confusion about the lookout at the Preserve, noting that some citizens
groups were thinking about trying to obtain a grant, to build a high structure
at the lookout.
Mr.
Stivender interjected that the lookout is a large enough area that a tent could
be erected on it, for events. He stated
that it is a matter of funding and working through projects.
Mr.
Ed Mitchell, a resident of Ferndale, representing the Friends of Ferndale,
Incorporated, addressed the Board and thanked them for their insight, in
purchasing the Ferndale Preserve. He
stated that, when the Friends of Ferndale discovered that the property would
consist of approximately 200 acres and would be a passive preserve, they were
in complete support of the park and the purchase, in that it would fit in
completely with the desire of the Ferndale community to remain rural. He stated that, working with the Lake County
Parks and Trails and the City of Minneola, with their future development, the
County should end up with miles of equestrian trails in and around
Ferndale. He stated that a one mile link
will be needed in the future, to connect a projected equestrian trail from the
Hills of Minneola to the Ferndale Preserve and asked that the County keep this
on its “To Do List” for future County needs.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Public Works for approval of
the Ferndale Preserve on Lake Apopka conceptual Master Plan; and approval to
secure the services of consultants, for the production of design development
and construction documents, based on the approved Master Plan.
TOURISM
AND BUSINESS RELATIONS
THREE YEAR AGREEMENT BETWEEN LAKE
COUNTY AND THE DISTRICT
BOARD
OF TRUSTEES, LAKE-SUMTER COMMUNITY COLLEGE
Mr.
Greg Mihalic, Tourism and Business Relations Director, addressed the Board
stating that they had before them a three year agreement between Lake County
and the District Board of Trustees, Lake-Sumter Community College, in the
amount of $265,000, for assistance with the Business Resources Center, noting
that the County has been a major contributor, since its start-up. The Agreement is for the period of January
15, 2007 to September 30, 2009, in the amount of $60,000 for this fiscal year;
$100,000 for Fiscal Year 2007/08; and $105,000 for Fiscal Year 2008/2009, with
the terms and conditions being much the same as they were in the past. He stated that the Business Resources Center
offers a valuable service to the small business entrepreneurial network that
exists in Lake County.
Commr.
Cadwell stated that, no matter how the County grows during the next 20 years,
the basis of its economy is going to be the small, independent businesses, and
the Business Resources Center gives them resources to assist them.
Commr.
Hill stated that the seed money for the Business Resources Center was presented
to the County from the Tax Collector, Mr. Bob McKee, who was very instrumental
in the creation of it. She stated that
she feels it has been a very good program and one that the Board can support
and questioned, since the County now has an Economic Growth and Redevelopment
Department, headed by Ms. Dottie Keedy, whether staff could bring a more
comprehensive plan back to the Board, to see how it could be tied into what Ms.
Keedy presented to them at the Board Meeting of January 9, 2007.
Mr.
Mihalic stated that he felt it should be part of any strategic plan, as it
moves forward, however, noted that he feels it will probably be a year to
eighteen months before said plan is in place
He stated that this request is matched 40% by the State, so the County’s
$60,000 portion would have a $24,000 match from the State. He stated that the County could break up the
request and approve an agreement for only this fiscal year, through September
30, 2007, and then put into the budget the $100,000 independently, for next
fiscal year, until the strategic planning session gets done and see what
ranking it has.
Commr.
Hill stated that she would prefer it be done that way, if the Board was
agreeable to it.
Commr.
Cadwell stated that, as he stated earlier, the majority of the County’s
businesses are small, independent businesses, and, for the Board to think that,
in the future, enough money is going to be raised in the business community to
fund this project they are kidding themselves.
He stated that the majority of the funding is going to come from the
County, which is the way that it should be, because it is a service that the
County provides to its businesses. He
stated that he did not think there would be enough support in the next 10 to 15
years to generate the money needed to operate a facility like the Business
Resources Center with private dollars and that he felt the County needed to
reach out to Sumter County, who has taken advantage of the Business Resources
Center through Lake-Sumter Community College, and get them to participate in
it. He stated that he felt it should be
a Board to Board issue, not particularly a college issue, and that, as Chairman
of the Lake County Board of County Commissioners, he would like permission to
contact the Sumter County Board of County Commissioners and ask them to
participate at a higher level than what they are currently participating.
Ms.
Cindy Hall, County Manager, interjected that, if the Board was interested in
sending a letter to the Sumter County Board of County Commissioners, requesting
that they be a stronger participant in the program, staff would be glad to
prepare the letter, and, as far as the budget was concerned, staff could come
back to the Board with more detailed information about what it includes, which
might alleviate some of the concerns about some of the line items.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from Tourism and Business Relations
for approval of a Three Year Agreement Between Lake County and The District
Board of Trustees, Lake-Sumter Community College, in the total amount of
$265,000.00, for the Business Resources Center, for the period January 15, 2007
to September 30, 2009, with the Chairman to get together with the Sumter County
Board of County Commissioners and the County Manager, to see if Sumter County
can add additional funding, or help with the program.
Commr.
Hill interjected that she wanted a level of accountability in the Agreement, where
staff can come back to the Board and show them exactly what the revenues are.
PUBLIC
HEARING
“OCCUPATIONAL LICENSE TAX” ORDINANCE
Mr.
Sandy Minkoff, County Attorney, 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, AMENDING CHAPTER
13, ARTICLE IV, SECTIONS 13-71 THROUGH 13-129, ENTITLED OCCUPATIONAL LICENSE
TAXES, TO CHANGE THE NAME OF THE TAX FROM OCCUPATIONAL LICENSE TAX TO LOCAL
BUSINESS TAX, AND TO CHANGE THE NAME OF THE DOCUMENT RECEIVED FROM A LICENSE TO
A RECEIPT; AMENDING SECTIONS 13-77 AND 13-79 TO ELIMINATE THE PROOF OF ZONING
CLASSIFICATION REQUIREMENT; AMENDING SECTION 13-147, LAKE COUNTY CODE, ENTITLED
OCCUPATIONAL LICENSE, TO CHANGE THE NAME OCCUPATIONAL LICENSE TAX TO LOCAL
BUSINESS TAX; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE
DATE.
The
Chairman opened the public hearing.
No
one present wished to address the Board.
There
being no one present who wished to address the Board, the Chairman closed the
public hearing.
Commr.
Renick stated that this Ordinance updates the Lake County Code, to correspond
with the changes in the Florida Statutes, and eliminates the requirement that
applicants for a business tax receipt submit proof of proper zoning
classifications and that she did not understand why the County would be
eliminating that requirement.
Mr.
Minkoff stated that, in the past, because it was called a license, people
believed that, because they had received a license from the County, they were
entitled to conduct that activity wherever the license address was, so staff
placed in the Code a requirement that they get zoning approval first, which
stopped the Tax Collector from selling the licenses at his branch offices and
made people come to Tavares, in order to get them. He stated that the thinking behind calling it
a tax, rather than a license, was that it was felt the need for the
prescreening was no longer necessary. He
stated that the Growth Management Department is working with the Tax Collector
to obtain a list of anybody that gets and pays the tax, so that they can use it
as a follow-up, to make sure that they are doing it in the current zoning area. He stated that every county is having to
change it, noting that the Legislature required the change during their last
session.
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board
approved Ordinance No. 2007-1, amending Chapter 13, Article IV, and Section
13-147, Lake County Code, to change the name “occupational license tax” to
“local business tax” and the document received from a “license” to a “receipt”,
as presented.
PUBLIC HEARING
ROAD FRONTAGE ORDINANCE
Mr. Sandy Minkoff, County Attorney,
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; AMENDING SECTION 3.10.00, LAKE COUNTY CODE, APPENDIX E,
LAND DEVELOPMENT REGULATIONS, ENTITLED ROAD FRONTAGE; AMENDING SECTION
REFERENCES TO MINOR LOT SPLITS AND FAMILY DENSITY EXCEPTIONS WHICH ARE
CURRENTLY INCORRECT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public
hearing.
No one present wished to address the
Board.
There being no one present who wished
to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Stivender, seconded
by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved
Ordinance No. 2007-2, amending Table
3.10.00, Road Frontage, which will correct the scrivener’s error found in Lake
County Code, Appendix E., Land Development Regulations, Section 3.10.00, Road
Frontage, referencing Section 14.11.01, Minor Lot Splits, and Section 14.11.02,
Family Density Exception, as presented.
PUBLIC HEARING
DENSITY IN URBAN COMPACT NODE LAND
USE DESIGNATION ORDINANCE
Mr. Sandy Minkoff, County Attorney,
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; AMENDING SECTION 3.02.06, LAKE COUNTY CODE, APPENDIX E. LAND
DEVELOPMENT REGULATIONS, ENTITLED DENSITY, IMPERVIOUS SURFACE, FLOOR AREA, AND
HEIGHT REQUIREMENTS WHICH IS CURRENTLY INCORRECT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
The Chairman opened the public
hearing.
No one present wished to address the
Board.
There
being no one present who wished to address the Board, the Chairman closed the
public hearing.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved Ordinance No. 2007-3, amending Table 3.02.06, which will correct the scrivener’s error
found in Lake County Code, Appendix E., Land Development Regulations, Section
3.02.06, Density, Impervious Surface, Floor Area and Height Requirements,
relative to density in the Urban Compact Node land use designation, as
presented. It also adds “NET” to Maximum
Density for A-1-20 and A-1-40.
REPORTS
– COUNTY ATTORNEY
ADVERTISING OF ORDINANCE
EXPANDING COUNTRY GREENS
COMMUNITY
DEVELOPMENT DISTRICT
Mr.
Sandy Minkoff, County Attorney, informed the Board that this was a request for
approval to advertise an Ordinance extending the boundary for the Country
Greens Community Development District, located in the Mt. Plymouth/Sorrento
area, noting that the County had received an application from them requesting
same.
It
was noted that the property in question involved a zoning case that had been
withdrawn in the middle of the hearing and that a case that is pending would be
coming before the Board in the next couple of months, regarding the same piece
of property; therefore, it would be premature of the Board to take any action
regarding the request at this time.
On
a motion by Commr. Stewart, seconded by Commr. Stivender and carried
unanimously, by a 5-0 vote, the Board postponed a request from the County
Attorney for approval to advertise an Ordinance for the expansion of the
Country Greens Community Development District, and consent to the District’s
power to maintain additional facilities and systems, for security – Commission
District 4, until a later date.
REPORTS
– COUNTY MANAGER
POLICY REGARDING USE OF BOARD OF
COUNTY COMMISSIONERS’
FACILITIES
Mr.
Gregg Welstead, Deputy County Manager, informed the Board that this request was
an outgrowth of the Interlocal Agreement between the County, the Lake County
School Board, and the Municipalities, which was addressed a few months ago,
noting that one of the requirements was that the County establish a procedure
for utilization of county facilities by other entities and this request
formalizes that process. He noted that
the County currently has a policy for use of the Board Chambers and the
Training Room (Room 233), as well as a separate policy for use of the County’s
libraries, which involve First Amendment issues.
Commr.
Stivender questioned whether staff was working on a policy for the use of
facilities other than the County’s and was informed by Mr. Welstead that he
hoped the School Board was working on the matter, but that he would check into
it, to see if they were. He stated that,
once this request is approved, his intent is to forward it to the School Board
and all the municipalities, stating that the County has completed this step in
the process and for them to advise him when they have done the same.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved a request from the County Manager for
approval of the Policy regarding Use of Board of County Commissioners’
Facilities by Municipal Governments, Lake County School District, and other
Governmental Agencies, as presented.
REPORTS
– COUNTY ATTORNEY (CONT’D.)
CHANGE IN STARTING TIME FOR
FEBRUARY 20, 2007 BOARD OF
COUNTY
COMMISSIONERS’ MEETING
On a motion by Commr. Stivender, seconded
by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to
place on the Agenda a request from the County Attorney that the
Board of County Commissioners’ Meeting, scheduled for February 20, 2007, be started at 10:00 a.m.,
rather than the usual 9:00 a.m., due to a Value Adjustment Board Meeting being
scheduled for 8:30 a.m. that date, which may run longer than usual.
On
a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously,
by a 5-0 vote, the Board approved said request.
COUNTY
MANAGER’S DEPARTMENTAL BUSINESS (CONT’D.)
PROCUREMENT
(CONT’D.)
DEVELOPMENT
OF TRAILS MASTER PLAN
Ms.
Cindy Hall, County Manager, informed the Board that staff would bring this item
back before them at the Board Meeting scheduled for January 23, 2007, for
further discussion and action.
REPORTS
– COMMISSIONER STIVENDER – DISTRICT 3
MONTHLY
MEETING OF FERNDALE COMMUNITY
Commr.
Stivender informed the Board that she was asked to speak to the Ferndale
community, as their district Commissioner, at their monthly meeting, to be held
at the Ferndale Community Center, on Thursday, January 18, 2007, however, noted
that, due to the fact that she has a conflict with that meeting, either Commr.
Hill or Commr. Cadwell will be asked to speak, on her behalf.
REPORTS
– COMMISSIONER STEWART – DISTRICT 4
WEKIVA
BASIN TASK FORCE MEETING
Commr.
Stewart stated that she attended her first meeting of the Wekiva Basin Task
Force and that it was very gratifying to see that the County has such a
qualified group of people working to preserve the quality of the Basin, because
it is such a special area and one that deserves to be protected, not only for
its beauty and wildlife, but because of its importance to our water supply.
PARADE
HONORING DR. MARTIN LUTHER KING
Commr. Stewart stated that she participated in the City of Leesburg’s Parade honoring Dr. Martin Luther King on Saturday, January 13, 2007, and that it was an honor to be in a parade honoring him - someone that had so much wisdom to offer the world.
CITIZEN
QUESTION AND COMMENT PERIOD
Mr. and Mrs. James Hanger, residents of Howey in the Hills, addressed the Board stating that an 8,000 square foot commercial building has been constructed on 11 acres, in Howey in the Hills, under the Agricultural Exemption Ordinance, which stipulates that an agricultural building can be constructed to support existing agriculture, however, noted that the building was constructed, with no agriculture being on the property. They are concerned about it, because they are abutting property owners, and, according to their builder, the construction of that building has been detrimental to their property value. They questioned how this could have happened and what recourse they had regarding it.
Mr. Sandy Minkoff, County Attorney, stated that a complaint has been made to the Code Enforcement Department regarding the matter, however, noted that the Florida Statutes prohibits the County from requiring anybody constructing an agricultural building to obtain permits. He stated that the Code Enforcement Office is watching the site and, if, in fact, the property owner does not establish an agricultural operation on the property, they will be cited.
Commr. Cadwell stated that staff can look at what the State allows the County to do with its Land Development Regulations (LDRs), to see if they can be better defined, to prevent something like this from happening again.
The Hangers informed the Board that they were representing 15 different families in the area that are against the building being located on the site.
-----------------------------------
Ms. Cindy Barrow, Lake County School Board, District 3, addressed the Board stating that the issue of school concurrency and joint use of facilities was going to be discussed later this evening in the City of Minneola and that she was asking those Commissioners that would like to see school concurrency passed to place a phone call or two to the Minneola City Commissioners, to let them know that they have signed the joint use document and to encourage them to adopt school concurrency. She stated that the City of Minneola is the last city to sign on and asked the Board to let them know that this was not a document that was solely devised by the Lake County School Board – that the Board of County Commissioners had input into the matter, as well.
It was noted that staff would be attending said meeting, to answer any questions there might be regarding the matter.
RECESS AND REASSEMBLY
At 10:15 a.m., the Chairman announced that the Board would recess until 10:30 a.m.
CLOSED SESSION
Mr. Sandy Minkoff, County Attorney, stated that Florida Statutes 286.011 authorizes the Board to meet with the County Manager and its attorneys, when the County has ongoing litigation. He stated that the requirements are that the entity’s attorneys shall advise that they desire to have a meeting, which they have done. He stated that the subject matter shall be confined to settlement negotiations or strategy sessions. The entire session is recorded by a Court Reporter who is present, who will report when the Closed Session begins and when it ends and whoever speaks. No portion of the session can be off the record and the Court Reporter’s notes will be transcribed and filed with the Clerk after the meeting. The County is required to give reasonable public notice of the date and time of the Closed Session, which the County has done. He stated that it was published in the newspaper and that the people that would be in attendance at the Closed Session, in addition to the Commissioners and himself, would be Ms. Melanie Marsh, Deputy County Attorney, and Ms. Susan Spurgeon and Mr. Craig Busack, from the County’s outside counsel firm.
At this time, the Chairman announced that the Board would recess for the Closed Session.
RECESS AND REASSEMBLY
At 11:40 a.m., the Chairman reconvened the Board Meeting.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 11:41 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS,
CLERK