A
REGULAR MEETING OF THE BOARD OF
JULY
17, 2007
The
Lake County Board of
INVOCATION
AND PLEDGE
Pastor
John Bahram, First United Methodist Church of Tavares, gave the Invocation and
led the Pledge of Allegiance.
AGENDA
UPDATE
Ms.
Cindy Hall, County Manager, informed the Board that she would like to pull Tab
3, Item 2, a request for a budget transfer, in the amount of $15,840, from
Reserve for Operations to Improvements Other Than Buildings, for discussion,
and would like to postpone action regarding Tab 24, a request from Budget to
authorize and execute a Resolution initiating the annual process for
preparation of the Fire Rescue Assessment Roll, until the Board Meeting of July
24, 2007. She further stated that she
would like to postpone Tab 26, a request for approval of an Ordinance to repeal
and replace Chapter 6 of the Lake County Code, entitled Buildings and
Construction, and Tab 27, a request for approval and execution of an Ordinance
amending Chapter 13 of the Lake County Code, to increase the Tourist
Development Tax from 4% to 5%, until the Board Meeting of August 7, 2007.
MINUTE
APPROVAL
Regarding the Minutes of June 19,
2007, Commr. Renick requested the following change:
On Page 8, Line 30, change the name
On a motion by Commr. Stewart,
seconded by Commr. Stivender and carried unanimously, by a 4-0 vote, the Board
approved the Minutes of
June 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 4-0 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 of Public Hearing from City of
Request
to acknowledge receipt of Notice of Public Hearing from the City of
Annexation Ordinance from City of
Request to acknowledge receipt of
Annexation Notification for Ordinance from the City of
Ordinance No. 2007-11, amending the
boundaries of the City of
Notice Before the
Request to acknowledge receipt of
Notice Before the Florida Public Service Commission, in Re: Application for
increase in water and wastewater rates in
Order Approving Settlement Agreement,
Docket No. 060261-WS, Order No. PSC-07-0534-AS-WS, Before the Public, Issued
June 26, 2007.
Notice Before the
Request to acknowledge receipt of
Notice Before the Florida Public Service Commission: Notice of Commission
Hearing and Prehearing to Progress Energy Florida, Inc., AARP, Florida
Industrial Power Users Group, Florida Retail Federation, PCS Phosphate, and All
Other Interested Persons.
Docket
No. 070052-EI – Petition by Progress Energy Florida, Inc.,to recover costs of
Crystal River Unit 3 uprate through fuel clause.
Notice is hereby given that a hearing
will be held before the Florida Public Service Commission in the
above-referenced docket, at the following time and
place:
Tuesday, August 7, 2007, 9:30 a.m.
Notice of Public Hearing for Rezoning
from City of
Request to acknowledge receipt of
Notice of Public Hearing for Rezoning from the City of
Planning and Zoning Board Meeting, on
July 10, 2007, at 7:00 p.m.;
Umatilla Local Planning Agency, on
July 17, 2007, at 6:30 p.m.;
and
All meetings will be held at the
Council Chambers,
Commr. Stivender requested that Tab
8, a request from Procurement for approval to remove list of surplus items from
the County’s official fixed asset inventory system records; and Tab 11, a
request from Public Works for approval to accept and execute an agreement for
area lighting between Sumter Electric Cooperative, Inc. (SECO) and Lake County,
for the area at CR 439 and CR 44A, be pulled from the Consent Agenda, for
discussion.
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board
approved the following requests:
Budget
Request for
approval of Budget Change Request, as follows:
Budget Transfer – General Fund,
Judicial Support, Circuit Judges Administration. Transfer $186,351 from
Machinery and Equipment to Contracted Services ($6,652), Repair and Maintenance
($48,819), and Office Supplies ($130,880).
Account line changes are needed to allow the completion of the movement
of facilities for the Public Defender and the renovation of the fourth floor
for the Circuit Judges. Funding is
available from the Fiscal Year 2006 budget for the movement of Judicial
facilities. The original budget was
$395,600 and was carried forward to the Fiscal Year 2007 budget. We have
currently spent $147,348 of these funds for items associated with the moves, to
date. The amounts in this transfer are
estimates to complete the move. With
these moves, this leaves over $61,000 in the original renovation budget. No additional funds are requested. These are account line changes only.
Community Services
Request for approval of a conditional
offer of employment for Mr. Christopher Catanzaro, Extension Agent I. The offer
is contingent upon the candidate’s successful completion of the County’s
pre-employment screening.
Request for approval of the Medicaid
NET Agreement Amendment between the Florida Commission for the Transportation
Disadvantaged and the Lake County Board of
Request for approval of the
application and the acceptance of the FTA funds, in the amount of $2,836,284,
for fixed route transportation services under the FTA Section 5307 Program.
Procurement
Request that the Board (1) declare
items on submitted lists surplus to county needs, (2) authorize the removal of
all items on said lists from the County's official fixed asset inventory system
records, and (3) authorize the Procurement Services Director to sign vehicle
titles.
Public Works
Request for authorization to release
a maintenance bond, in the amount of $9,776, posted for Thrill Hill Farms.
Thrill Hill Farms consists of 4 lots and is located in Section 4, Township 19
South, Range 27 East. Commission
District 4.
Request for authorization to release
a maintenance bond, in the amount of $10,648, posted for Lady Lake Farms. Lady
Lake Farms consists of 6 lots and is located in Section 3, Township 18 South,
Range 24 East. Commission District 5.
Request for approval of Inwood
Consulting Engineers’ scope for design proposal for Old Chisholm Trail
Stormwater Improvements. - Tracking No. STR07032 - Commission Districts 4 and
5. Request for approval and execution of
a Subordination Agreement to the Florida Department of Transportation within a
Non-Exclusive Perpetual Easement in Lost Lake, Tracts 6 and E, for the 25/US27
Project (Lake Louisa Road to SR50) - Commission District 2; and Resolution No.
2007-103, pertaining to same.
Request for approval to accept list
of public right of way deeds that have been secured, in conjunction with
roadway and/or stormwater projects - Commission Districts: 2, 3, 4, and 5.
Request for approval of Resolution
No. 2007-98, to advertise Public Hearing for Vacation Petition No. 1116,
Timothee Sallin-IMG Enterprises, to vacate and cease maintenance on a portion
of
Request for approval of Resolution
No. 2007-99, to advertise Public Hearing for Vacation Petition No. 1119, Randy
Jones – Richard Wohlfarth – IBI Group, to vacate a remnant piece of right of
way, in the Tavares area - Commission District 2.
Tourism
Request for approval of Resolution
No. 2007-100, awarding $3,000 to K-Mart Corporation, in
Request for approval of Resolution
No. 2007-102, awarding $3,000 to Pat’s
On a motion by Commr. Stivender,
seconded by Commr. Renick and carried unanimously, by a 4-0 vote, the Board
approved the following requests:
Ordinance Amending Sections 9-13 and
9-16 of the Lake
Request for approval to advertise
Ordinance amending Sections 9-13 and
9-16 of the Lake County Code.
Ordinance Creating Section 2-1, Lake
Request for approval to advertise
Ordinance creating Section 2-1 of the Lake County Code, to designate the
Official County Logo and Seal.
Agreement Between
Request for approval of Agreement
Between Lake County and Mayfair Holdings for Improvements to Fire Station 21;
and approval of Temporary Non-Exclusive Construction Easement Deed and
Perpetual Grading Easement - Commission District 5.
BUDGET
COUNTYWIDE DRAINAGE PROJECT FOR COMPLETION
OF SUNBURST
ESTATES,
Mr.
Jim Stivender, Jr., Director of Public Works, addressed the Board stating that
this request pertained to a wide stream crossing
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried
unanimously, by a 4-0 vote, the Board approved a request from Budget for
approval of the following Budget Change Request:
Budget
Transfer – Stormwater Management Fund, Public Works Department, Engineering
Division. Transfer $15,840 from Reserve
for Operations to Improvements Other Than Buildings. Funds needed for additional inspection work
for Countywide Drainage Project No. 2006-09, for completion of Sunburst
Estates,
PROCUREMENT
ECONOMIC
STRATEGIC
Commr.
Stivender stated that it is long overdue getting an Economic Strategic Plan
done for
Commr.
Hill questioned whether that position should be left in the budget.
Ms.
Cindy Hall,
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried unanimously,
by a 4-0 vote, the Board approved a request from Procurement that the Board
award a contract for $100,000, plus $14,670 in reimbursables, to T.I.P.
Strategies, Inc., for an Economic Strategic Plan for
PUBLIC
WORKS
AGREEMENT
FOR AREA LIGHTING BETWEEN
COOPERATIVE,
INC. AND
Commr.
Stivender informed the Board that she brought up several years ago the fact
that there are areas in the County that need additional lighting to be
installed on the power poles and that staff was going to come back with some
recommendations. She stated that she
continues to receive emails about the Dewey Robbins Road area and the fact that
it is pitch dark at night and questioned why such lighting has not been
installed in that area when it has been installed in other areas of the County.
Mr.
Jim Stivender, Jr., Public Works Director, informed the Board that the County
has been working on a two part plan for addressing where and when traffic
lighting or lighting for roadways will occur, one being a safety concern and
that it meet a certain series of warrants and a need for lighting, because of
geometry in a situation, and the other being that it is in the Land Development
Regulations (LDRs), which is a longer term fix.
He noted that staff has discussed holding a workshop in September or
October of this year, to discuss the safety parameters and requirements for
said lighting. He stated that the reason
it applies in this case is that it involves a high speed curve situation, with
a signal and a number of blind intersections, so the geometry of the area plays
a big role as to why it is warranted in this area, when it is not in other
areas.
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried
unanimously, by a 4-0 vote, the Board approved a request from Public Works for
approval to accept and execute an agreement for lighting between Sumter
Electric Cooperative, Inc. (SECO) and Lake County, for the area at CR 439 and
CR 44A - Commission District 5.
PUBLIC
HEARING
ORDINANCE
REPEALING AND REPLACING CHAPTER 6,
CODE,
ENTITLED BUILDINGS AND CONSTRUCTION
It
was noted that there was a request for postponement of action regarding the
proposed Ordinance until the Board Meeting of August 7, 2007.
The
Chairman opened the public hearing for postponement of this request.
No
one was present in opposition to the request for postponement.
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. Stewart and carried
unanimously, by a 4-0 vote, the Board approved a request for postponement of
the public hearing to approve an Ordinance to repeal and replace Chapter 6,
Lake County Code, entitled Buildings and Construction, until the Board Meeting
of August 7, 2007.
PUBLIC
HEARING
ORDINANCE AMENDING CHAPTER 13, LAKE
TOURIST DEVELOPMENT TAX
It
was noted that there was a request for postponement of action regarding the
proposed Ordinance until the Board Meeting of August 7, 2007.
The
Chairman opened the public hearing for postponement of this request.
No
one was present in opposition to the request for postponement.
There
being no one present who wished to address the Board, the Chairman closed the
public hearing.
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried
unanimously, by a 4-0 vote, the Board approved a request for postponement of
the public hearing to approve an Ordinance amending Chapter 13, Lake County
Code, Article III, Tourist Development Tax; providing for an amendment to
Sections 13-46 and 13-47, to increase the Tourist Development Tax from 4% to
5%, until the Board Meeting of August 7, 2007.
PRESENTATION
PROPOSED
Mr.
Mike Horner, Kissimmee/Osceola County Chamber of Commerce, addressed the Board stating
that, in the
It
was noted that the Lake County Commission plans to participate in said joint
meeting and that a letter indicating that fact would be sent to the other
counties involved.
PRESENTATION
COMMUNITY
ENHANCEMENT AREA WORKING GROUP RECOMMENDATION
Mr.
Bill Gearing, Community Enhancement Coordinator, addressed the Board and gave a
brief presentation on the Community Enhancement Partnership Program
Applications that the County received for 2007/2008 and the recommendation by
the Community Enhancement Area Working Group, designating the communities of
Altoona and Paisley as Community Enhancement Areas (CEA's) and recommending
that the Housing and Community Development Division be directed to utilize the
Community Development Block Grant, to assist in funding the Yalaha Community
Center, Altoona School/Community Center, and Paisley Cemetery projects.
It
was noted that the funds in question are grant funds that the County received
from HUD (Housing and Urban Development) and that the projects have to meet certain
criteria, in order to be able to apply for said funds – it is not General Fund
money.
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously, by a 4-0 vote, the Board approved the Community Enhancement Area
Working Group recommendation designating the communities of Altoona and Paisley
as Community Enhancement Areas (CEA's) and directing the Housing and Community
Development Division to utilize the Community Development Block Grant, to
assist in funding the Yalaha Community Center, Altoona School/Community Center,
and Paisley Cemetery projects.
GROWTH
MANAGEMENT
PURCHASE
AND SALES AGREEMENT BETWEEN
KUHARSKE
PROPERTIES, INC.
Mr.
David Hansen, Public Lands Manager, addressed the Board regarding a proposed
Purchase and Sales Agreement between Lake County and Kuharske Properties, Inc.,
involving a parcel of land consisting of approximately 808 acres in the Green
Swamp, situated between SR 33 and CR 565, on both the north and south sides of
Lake Erie Road and east of the intersection with Bay Lake Road (CR 565). He stated that the property consists of
upland and wetlands and has no fewer than ten different eco-systems, ranging
from wet prairie to cypress strand to pine flatwoods to pasture. He stated that the property is located within
the Green Swamp Area of Critical State Concern, as well as within the Florida
Forever Green Swamp Project Boundary, at which time he noted that the 120 acres
south of
Mr.
Sandy Minkoff,
On
a motion by Commr. Renick, seconded by Commr. Stivender and carried
unanimously, by a 4-0 vote, the Board approved a request from Growth Management
for approval of the Purchase and Sales Agreement between Lake County and
Kuharske Properties, Inc., for property consisting of approximately 808 acres,
located in the Green Swamp Area of Critical State Concern, as well as within
the Florida Forever Green Swamp Project Boundary; and authorization for the
Chairman to execute necessary closing documents, contingent upon removing a
blanket SECO easement that currently exists on the property; accepting road
rights of way that run north and south and east and west on the property; and
that an issue involving 400 acres of said property encumbered by a mineral
rights reservation be resolved - Commission District 2.
OTHER
BUSINESS
APPOINTMENT
TO ELDER AFFAIRS COORDINATING COUNCIL
On
a motion by Commr. Stivender, seconded by Commr. Stewart and carried
unanimously, by a 4-0 vote, the Board appointed Ms. Catherine Bailey to a vacant
Commission District 3 seat on the Elder Affairs Coordinating Council, to
complete an unexpired term ending January 31, 2008, and to serve a consecutive
two-year term.
APPOINTMENT
TO COMPREHENSIVE HEALTH CARE COMMITTEE
On
a motion by Commr. Stivender, seconded by Commr. Renick and carried
unanimously, by a 4-0 vote, the Board reappointed Mr. R. J. (Bob) Fegers to the
Comprehensive Health Care Committee, as a
REPORTS
–
PROPOSAL
BY
REGIONAL
PARK IN FOUR CORNERS AREA
Ms.
Cindy Hall, County Manager, informed the Board that she had received a letter
from the County Manager in Polk County, requesting Lake County’s partnership in
the development of a regional park on a significant number of acres that they
have purchased, located just south of US 192, in the Four Corners area. She stated that staff from the Public Works
Department has looked at the property and is requesting that there be a
stipulation, for the portion of the property that Lake County might partner
with Polk County on, that it be designated an active recreational type use.
Mr.
Jim Stivender, Jr., Public Works Director, addressed the Board stating that the
site consists of 80 acres and is located on the east side of Hwy. 27, less than
one mile from the County line, between two subdivisions. He stated that it is currently a citrus grove
and there is a lake located on the far eastern side of the property, towards
Ms.
Hall stated that, if the Board were interested in entering into a partnership
with
CITIZEN
QUESTION AND COMMENT PERIOD
Mr. Roy Hunter, representing the
Northeast Lake Chamber of Commerce, addressed the Board and thanked them for
their unanimous vote, and Mr. Bill Gearing, Community Enhancement Coordinator,
for all the work that his committee did regarding the Community Enhancement
Area Working Group recommendation designating the communities of Altoona and
Paisley as Community Enhancement Areas (CEA's), and directing the Housing and
Community Development Division to utilize the Community Development Block
Grant, to assist in funding the Yalaha Community Center, Altoona
School/Community Center, and Paisley Cemetery projects. He reiterated the fact that his community is
still collecting old cell phones, for 911 purposes, to be used by any residents
in the area that may need them, as well as the fact that he is still collecting
old postage stamps, to be used for a needy cause. He noted that the cell phones can be dropped
off at the Walgreens store located at Hwy. 19 and CR 44A, or at the Paisley
Library, and that anyone needing one of the cell phones can contact him and he
will get one for them.
ADJOURNMENT
There
being no further business to be brought to the attention of the Board, the
meeting was adjourned at 10:00 a.m.
____________________________________
WELTON
G. CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES
C. WATKINS, CLERK