*A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
AUGUST 7, 2007
The Lake County Board of County Commissioners met in regular session on Tuesday, August 7, 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; Jennifer Hill, Vice Chairman; Debbie Stivender; 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
Pastor Paul Guthrie, from the North Point Fellowship Church in Umatilla, gave the Invocation and led the Pledge of Allegiance.
PRESENTATIONS
PLANTATION AT LEESBURG RESIDENTS HONORED FOR SAVING LIVES
Chief Jack Fillman, Lake County Department of Public Safety, Fire Rescue Division, presented a group of residents from the Plantation at Leesburg, with each one being recognized, a plaque acknowledging their dedication to saving lives, noting that for the last two years the American Heart Association has designated Lake County as a heart ready county. He stated that the County received that designation, because of the commitment of all first responders and Public Safety personnel and the community being willing to step up and accept the challenge of being trained in CPR and the use of AED, for the “Save a Life Program”. He stated that the Plantation at Leesburg was one of the many communities that stepped up to that program and, as a result of their dedication and willingness, two of their residents’ lives have been saved within the last few months.
2007 NACO ACHIEVEMENT AWARD
The Chairman presented the following individuals from the Public Works Department with the 2007 NACo Achievement Award for the “Flood Determination and Mapping” Program:
Mr. Fred Schneider, Director of Engineering
Ms. Mary Hamilton
Ms. Donna Bailey
Ms. Sharon Hogan
Mr. Schneider stated that the employees of the Public Works Department being recognized this date computerized and brought into the County’s G.I.S. System stacks of information pertaining to previous flood determinations in the County. He stated that the County’s flood maps will be updated in 2008 by FEMA, after which the County will have a flood mapping program that is second to none.
EMPLOYEE AWARDS
The Chairman presented Employee Awards, as follows:
Presentation of Award to Employees with Five Years of Service
Richard Leblanc, Architect IV
Facilities Development and Management
James Green, Mechanic
Public Safety/Fire Rescue
Charles Creel, Facilities Development Division Director
Facilities Development and Management/Facilities Development
(Not Present)
Presentation of Award to Employees with Ten Years of Service
Jennifer Myers, Development Review Supervisor
Growth Management/Building Services
Jimmy Scott, Construction Inspector
Public Works/Funding and Production
Presentation of Award to Employee with Fifteen Years of Service
Deborah Tinis, Financial Coordinator
Public Works/Funding and Production (Not Present)
Presentation of Award to Employees with Twenty Years of Service
Thomas Elmore, Audio-Visual Specialist
Facilities Development and Management/Facilities Management
Christopher Goldsmith, Equipment Operator III
Public Works/Road Operations/Maintenance Area II
Presentation of Award to Employee with Twenty-Five Years of Service
Richard Roof, Senior Laboratory Analyst
Environmental Services/Water Resource Management/Laboratory
SUPERVISOR OF THE QUARTER
Pam Goodson, Librarian II, Branch Manager
Community Services
Library Services
Astor Library
8-23-99
GIS TEAM AWARD
Larry Duke, Paul Githuka, Vicki Runninger, Jim Dowling, Pratima Strong,
Richard Helfst and Corey Mathis.
AGENDA UPDATE
Ms. Cindy Hall, County Manager, informed the Board that she was pulling Tab 40, a request for Board direction, with regard to sending comments related to Orange County Comprehensive Plan Amendment No. 2007-2-A-2 to the Department of Community Affairs, for further meetings between the District Commissioner and affected property owners; and that she was postponing Tab 31, a request to hold a public hearing regarding the Public Housing Agency’s Annual Plan for Fiscal Year 2007, until the Board Meeting of August 21, 2007.
Mr. Sandy Minkoff, County Attorney, stated that he would like to add to the Agenda an update on the purchase of the Kuharski property and a request that the Board authorize staff to go forward with said purchase.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved to add said item to the Agenda.
MINUTE APPROVAL
Regarding the Minutes of June 26, 2007, Commr. Renick requested the following change:
On Page 10, Lines 1 and 2 and 8 and 9, list which Commissioners actually spoke to the applicants or the applicants’ representatives prior to the meeting, rather than stating that each of them had done so, when not all of them did.
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the Minutes of June 26, 2007 (Regular Meeting), as corrected; June 28, 2007 (Special Meeting), as presented; July 10, 2007 (Regular Meeting), as presented; and July 17, 2007 (Regular Meeting), as presented.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Stivender, seconded by Commr. Hill 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.
Monthly Distribution of Revenue Traffic/Criminal Cases
Monthly Distribution of Revenue Traffic/Criminal Cases, for the month ending June 30, 2007, in the amount of $183,756.93. Same period last year: $183,679.85.
Ordinances from Town of Lady Lake
Ordinance No. 2006-38, redesignating zoning classification for certain property owned by Lugano Development, LLC; located within the Town of Lady Lake; rezoning subject property located on Rolling Acres Road to Lady Lake Planned Unit Development “PUD” – Residential.
Ordinance No. 2006-41, redesignating zoning classification for certain property owned by Rhys Allen Cobb & Crisbo Holdings, LLC; rezoning subject property located on County Road 466 to Lady Lake Planned Commercial “CP”.
Ordinance No. 2007-16, redesignating zoning classification for certain property owned by R & S Professional Plaza, LLC; rezoning subject property located on Hwy 27/441 and Hartsock Sawmill Road from Lady Lake Light Commercial “LC” to Lady Lake Heavy Commercial “HC”.
Notice of Budget Workshop of Board of Supervisors of Arlington Ridge Community Development District
Request to acknowledge receipt of Notice of Budget Workshop of the Board of Supervisors of the Arlington Ridge Community Development District, to be held on Tuesday, July 17, 2007, at 10:00 a.m., at the Arlington Ridge Administration Building, 4463 Arlington Ridge Blvd., Leesburg, Florida 34748. The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts.
Annual Financial Audit Report from Cascades at Groveland Community Development District for Fiscal Year Ended September 30, 2006
Request to acknowledge receipt of Annual Financial Audit Report from the Cascades at Groveland Community Development District, for the Fiscal Year Ended September 30, 2006, pursuant to Section 11.45, Florida Statutes, and Section 189.418, Florida Statutes.
Proposed Budget for Village Center Community Development District for Fiscal Year 2007/2008
Request to acknowledge receipt of Proposed Budget for the Village Center Community Development District for the Fiscal Year 2007/2008, in accordance with Chapter 190.008(2)(b)(c), Florida Statutes; and Schedule of Meetings for the Fiscal Year 2007/2008, adopted at the regularly scheduled meeting on July 6, 2007.
Notice of Public Hearings Regarding Ordinances from City of Tavares
Request to acknowledge receipt of Notice of Public Hearings from the City of Tavares, regarding the following Ordinances:
Ordinance No. 2007-15 (Annexing and Rezoning Property from Residential Professional to City of Tavares Mixed Use)
Ordinance No. 2007-16 (Amending Tavares Comprehensive Plan Future Land Use Map 2010)
Ordinance No. 2007-17 (Amending Etowah Planned Development)
Ordinance No. 2007-18 (Amending PFD Zoning for Judicial Center Project, Adding Additional. Property, and Accommodating Modified Site Plan)
Ordinance No. 2007-19 (Amending Tavares Comprehensive Plan Future Land Use Map 2010)
Ordinance No. 2007-21 (Rezoning Property from PFD Zoning to CD Zoning)
The proposed Ordinances will be considered at the following public meetings:
1. Tavares Planning and Zoning Meeting, on July 19, 2007, at 3:00 p.m.
2. Tavares City Council Meeting, on August 1, 2007, at 4:00 p.m.
3. Tavares City Council Meeting, on August 15, 2007, at 4:00 p.m.
All meetings will be conducted in the Tavares City Council Chambers in City Hall, at 201 E. Main Street, Tavares, Florida.
Notice of Public Hearings from City of Tavares Regarding Special Use Resolution
Request to acknowledge receipt of Notice of Public Hearing from the City of Tavares, regarding the following Resolution:
Resolution No. 2007-22, approving a special use to the standard Land Development Regulations for an indoor child play space establishment located on the north side of Woodlea Road, approximately 184 feet east of Cedar Avenue.
The proposed Resolution will be considered at the following public meetings:
1. Tavares Planning and Zoning Meeting, on July 19, 2007, at 3:00 p.m.
2. Tavares City Council Meeting, on August 1, 2007, at 4:00 p.m.
All meetings will be conducted in the Tavares City Council Chambers in City Hall, at 201 E. Main Street, Tavares, Florida.
Letter of Resignation from Lake County Library Board
Request to acknowledge receipt of Letter of Resignation from Ms. Cheryl Coco, to be effective immediately, from the Board of Advisors of the Lake County Library Board.
Additional Account at State Board of Administration
Request for approval to open an additional account at the State Board of Administration (SBA) for the deposit of bond proceeds from the Capital Improvements Revenue Bonds issue.
Both the Capital Improvement Revenue Bonds and the Limited General Obligation Bonds proceeds were deposited into a single account at the SBA Local Government Investment Pool upon closing. While this is acceptable under the terms of the bond resolutions, for accounting purposes, the funds will be easier to track if deposited into separate pool accounts.
Intergovernmental Cooperative Agreement for City of Eustis, Town of Lady Lake, and City of Tavares
Request to acknowledge receipt of Intergovernmental Cooperative Agreement for the City of Eustis, the Town of Lady Lake, and the City of Tavares.
Proposed Budget for Sumter Landing Community Development District for Fiscal Year 2007/2008
Request to acknowledge receipt of Proposed Budget for the Sumter Landing Community Development District for Fiscal Year 2007/2008, in accordance with Chapter 190.008(2)(b)(c) and Resolution No. 07-09 approving same.
Proposed Budget for Cascades at Groveland Community Development District for Fiscal Year 2007/2008
Request to acknowledge receipt of Proposed Budget for the 2007/2008 Fiscal Year for Cascades at Groveland Community Development District, pursuant to Chapter 190, Florida Statutes. A public hearing to consider the adoption of this item has been scheduled for September 12, 2007, at the Marion Baysinger Memorial Library, Groveland.
Schedule of Meetings for Sumter Landing Community Development District for Fiscal Year 2007/2008
Request to acknowledge receipt of Schedule of Meetings for the Sumter Landing Community Development District for the Fiscal Year 2007/2008, which was adopted at the regularly scheduled meeting on June 8, 2007.
Annual Audit of Financial Statements for Board of County Commissioners and Constitutional Officers for Year Ended September 30, 2006
Request for acceptance of report: The County is required to have an annual audit of its financial statements. The CAFR includes the financial results of the Board of County Commissioners and Constitutional Officers for the year ended September 30, 2006.
Annual Financial Audit Report for Fiscal Year Ended September 30, 2006 for Greater Lakes/Sawgrass Bay Community Development District
Request to acknowledge receipt of Annual Financial Audit Report for the Fiscal Year Ended September 30, 2006, for the Greater Lakes/Sawgrass Bay Community Development District, pursuant to Section 11.45, Florida Statutes, and Section 189.418, Florida Statutes.
Southwest Florida Water Management District Governing Board Meeting Agenda and Approved Minutes
Request to acknowledge receipt of Meeting Notice – Southwest Florida Water Management District Governing Board Meeting Agenda for July 31, 2007, to be held at 9:00 a.m., at the Brooksville Headquarters, 2379 Broad Street, Brooksville, Florida; and Approved Minutes of the Meeting of the Governing Board, held on May 29, 2007.
WEBTPA Employer Services Checking Account at Wachovia
Request for approval to close WEBTPA Employer Services Checking Account at Wachovia.
COUNTY MANAGER’S CONSENT AGENDA
Commr. Stivender requested that Tab 13, a request from Public Works for approval to advertise for bids for Dewey Robbins Road Clay to Pave Project, be pulled, for discussion.
Commr. Stewart requested that Tab 20, a request from Public Works for authorization to accept the final plat for Plymouth Creek Estates, be pulled, for discussion, as well.
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board approved the following requests:
Budget
Request for approval of Budget Change Requests and Unanticipated Revenue Resolutions, as follows:
1. Budget Transfer – Solid Waste Long-Term Capital Projects Fund, Department of Environmental Services. Transfer $49,211 from Reserve for Operations to Professional Services. Additional funds are needed to amend Lake County’s agreement with Brown and Caldwell for the design, permitting, and construction of the Phase III Landfill. The primary objective of the third amendment agreement is to provide certain supplemental efforts within the original scope of the project specifically described in the First Amendment Agreement that were not foreseen at the commencement of the project. Funds are available in Reserve for Operations. After this transfer, the balance in the Reserve for Operations account will be $678,902.
2. Budget Transfer – General Fund, Sheriff’s In House Support. Transfer $45,215 from Reserve for Operations to Operating Expenses ($35,368) and Machinery and Equipment ($9,847). New lease space has been secured in Lady Lake for the Sheriff’s Office. Funding is needed for additional costs associated with this new lease agreement and for installation of a phone system and a computer server for the Lady Lake Substation. The lease agreement was approved in June 2007. Funds are available in Reserve for Operations.
3. Budget Transfer – General Fund, Constitutional Offices – Property Appraiser and Supervisor of Elections. Transfer $7,170 from Reserve for Operations to Repair and Maintenance – Property Appraiser ($3,585) and Repair and Maintenance - Supervisor of Elections ($3,585). Funds are needed to reimburse the Property Appraiser and Supervisor of Elections for a sign for their office in Clermont. Funds are available in Reserve for Operations.
4. Resolution No. 2007-107, to amend the County Library System Fund, in order to receive unanticipated revenue for Fiscal Year 2006/2007, in the amount of $698,000, deposited into Buildings, and provide appropriations for the disbursement for construction of the Citrus Ridge Library facility located at the Cagan Crossings development. The Florida Department of State, Division of Library and Information Services, granted Lake County $500,000 for the Cagan Crossings Library. The U.S. Department of Housing and Urban Development granted Lake County $198,000 for the Cagan Crossings Library
5. Resolution No. 2007-108, to amend the Section 8 Fund, in order to receive unanticipated revenue for Fiscal Year 2006/2007, in the amount of $161,565, deposited into County Program, and provide appropriations for the disbursement for housing assistance. Lake County received additional Section 8 funds for Fiscal Year 2007 from the Department of Housing and Urban Development.
6. Resolution No. 2007-109, to amend the General Fund, in order to receive unanticipated revenue for Fiscal Year 2006/2007, in the amount of $1,906,878, deposited into Personal Services ($103,250), Operating Expenses ($1,769,124), Machinery and Equipment ($4,504), and Aids to Government Agencies ($30,000), and to provide appropriations for disbursement of these funds. FEMA and State Assistance were received for Groundhog Day Tornado assistance. The County’s obligation of 12.5% of the anticipated expenses will be funded using General Fund Reserves.
7. Resolution No. 2007-110, to amend the General Fund, in order to receive unanticipated revenue for Fiscal Year 2006/2007, in the amount of $206,157, deposited into Police Services – Minneola, and provide appropriations for law enforcement services. The Lake County Sheriff’s Office has modified their agreement with the City of Minneola for law enforcement services. Lake County has received $206,157 from the City of Minneola, due to the modified agreement.
Employee Services
Request for approval of a new BCC policy titled "Classification and Pay Plan".
Request for approval of a new policy related to County Attorney’s staff.
Growth Management
Request for approval of very low-income and low-income impact fee waivers as refunds to lenders on behalf of qualified individuals. Approve low-income waiver as a refund to Cynthia White.
Request for approval and execution of Release of Fine. Unlicensed contractor citation paid.
Procurement
Request for approval and execution of the second amendment to The Appraisal Group of Central Florida, Inc. contract.
Public Safety
Request for approval of the renaming of portions of Grassy Lake Road, North Grassy Lake Road, and Turkey Farm Road – Commission District 2.
Request for approval and execution of the Emergency Management Preparedness and Assistance Competitive Grant Program Agreement between the State of Florida, Department of Community Affairs, and Lake County, by the Lake County Board of County Commissioners, for Critical Supplies for Pet Friendly Shelters for the Department of Public Safety, Animal Services Division.
Request for approval of the purchase of updated equipment, as indicated in backup, from funding by the Florida Department of Health EMS Grant.
Public Works
Request for authorization to release a letter of credit for maintenance, in the amount of $147,964.00, posted for Park Hill. Park Hill consists of 120 lots and is located in Section 29, Township 19 South, Range 25 East - Commission District 1.
Request for authorization to execute Resolution No. 2007-111, accepting Stacey Drive "Part" (County Road No. 4580G) into the County Road Maintenance System. Stacey Drive is located in Dora Pines Subdivision within Section 20, Township 19 South, Range 27 East - Commission District 4.
Request for authorization to execute Resolution No. 2007-112, accepting Excalibur Road (County Road No. 1248B) into the County Road Maintenance System. Excalibur Road is located within Section 28, Township 22 South, Range 26 East - Commission District 2.
Request for authorization to release a letter of credit for performance, in the amount of $49,707.90; return funds, in the amount of $4,620.00; accept a maintenance bond, in the amount of $22,843.30; execute a Developer's Agreement for Maintenance of Improvements Between Lake County and Montalcino Homes, Inc.; and execute Resolution No. 2007-113, accepting the following roads into the County Road Maintenance System: Tamarack Boulevard (County Road No. 1047E), Aviva Way (County Road No. 1047F), and Roper Boulevard "Part" (County Road No. 1048A). Summit Ridge consists of 36 lots and is located in Section 32, Township 22 South, Range 26 East - Commission District 2.
Request for authorization to accept the final plat for Vista Grande Phase 3 and all areas dedicated to the public, as shown on the Vista Grande Phase 3 final plat; accept a letter of credit for performance, in the amount of $42,035.03; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Ladd Development, Inc. Vista Grande Phase 3 consists of 42 lots and is located in Section 13, Township 23 South, Range 25 East - Commission District 2.
Request for authorization to accept the final plat for Highland Groves Phase II and all areas dedicated to the public, as shown on the Highland Groves Phase II final plat; accept a letter of credit for performance, in the amount of $495,000.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Ladd Development, Inc. Highland Groves Phase II consists of 34 lots and is located in Section 13, Township 23 South, Range 25 East - Commission District 2.
Request for authorization to accept the final plat for Highland Groves Phase III and all areas dedicated to the public, as shown on the Highland Groves Phase III final plat; accept a letter of credit for performance, in the amount of $385,000.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Ladd Development, Inc. Highland Groves Phase III consists of 22 lots and is located in Section 13, Township 23 South, Range 25 East - Commission District 2.
Request for approval and authorization for Chairman to execute Satisfaction of Liens for five (5) road assessments, as indicated in backup material.
Request for approval of Resolution No. 2007-114, authorizing the posting of "No Parking on Right of Way" signs on CR 25A/South Dixie Avenue (5507), in the Fruitland Park area –
Commission District 1.
PUBLIC WORKS
DEWEY ROBBINS ROAD CLAY TO PAVE PROJECT
Commr. Stivender stated that she asked that this request be pulled for discussion, because she and county staff have been working on getting this project done since she was elected in 2000 and she wanted the public to know that it was finally being done.
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 to advertise for bids for Dewey Robbins Road (C-2824) Clay-to-Pave Project No. 2007-04. The estimated cost of construction is $853,600.00, to be expended from the Road Impact Fee Fund - Benefit District 4 - Commission District 3.
FINAL PLAT FOR PLYMOUTH CREEK ESTATES
Commr. Stewart stated that she asked that this request be pulled for discussion, because of some concerns she has about the request, noting that, in doing some research on it, she found that the property is located on a seepage slope, which means that there is water underground, but very shallow, which flows downhill into a sink hole. She stated that Policy 7-12.5 of the Comprehensive Plan states that severe limitations shall be placed on such property and it shall not be permitted where the density is greater than one dwelling unit per acre and the property in question involves more than one dwelling unit per acre. She stated that she felt a little more research needed to be done on the matter, before the Board makes any final decisions regarding it.
Commr. Renick stated that she wanted to share with the Board an email stream that she had received regarding this request, noting that there are concerns regarding the same issue that Commr. Stewart brought to the attention of the Board.
Mr. Ted Wicks, Wicks Consulting Services, engineers for the proposed project, addressed the Board stating that they had gone through the process, they had obtained all their permits, and they had met all the County’s codes, so to postpone the request at this time was a little bit onerous, in terms of all the work that they have done, which he elaborated on. He stated that they have St. Johns River Water Management District permits and they have addressed the sink hole issue, noting that any septic tanks that are placed on the property will be 100 feet away from the top of the bank, which they reviewed with staff during both the preliminary plat and construction plans. He stated that they are facing a deadline to get the plat recorded, because of the County’s September deadlines, in maintaining their vested rights under the School Concurrency issue. He stated that they feel they have done everything that was required of them and that the request should be approved to move forward.
Commr. Stewart stated that she checked with the School Board and the schools in that area are already overcrowded, therefore, even if the applicant is able to get this request approved by September of this year, it is still going to have a huge impact on the schools, in that they will not be able to accept the new students that will be coming in, even though it is not a legal issue at this point in time.
Mr. Rolon Munns, Attorney, Bogin Munns and Munns, addressed the Board stating that he owns the property in question and does not understand the request to postpone, because their construction plans were approved by the County, they have all their permits from the SJRWMD, and it was his understanding that the sink hole issue was addressed in the construction plans, and the school concurrency issue is not effective until September, so he did not feel it was something that would hold it up. He stated that he has invested almost two years in getting the project to this point and that he did not feel it was fair for the Board to pull it, particularly since the County has already issued all the permits. He asked that the request be approved and allowed to move forward.
Mr. Sandy Minkoff, County Attorney, interjected that it is the County’s interpretation that, if the Board approves the request on or before September 5th of this year, the County is going to honor it, under the Ordinance. He stated that that is why the County is seeing an increased number of plats - people are trying to beat that deadline. He stated that the applicant should not have any problem meeting the school concurrency deadline, if this request is brought back before the Board at the August 21st meeting.
On a motion by Commr. Stewart, seconded by Commr. Renick and carried, by a 4-1 vote, the Board postponed action regarding a request from Public Works for authorization to accept the final plat for Plymouth Creek Estates and all areas dedicated to the public, as shown on the Plymouth Creek Estates final plat; accept a letter of credit for performance, in the amount of $1,252,735.00; and execute a Developer’s Agreement for Construction of Improvements between Lake County and Plymouth MB, LLC. Plymouth Creek consists of 72 lots and is located in Section 36, Township 19 South, Range 27 East - Commission District 4, until the Board Meeting of August 21, 2007.
Commr. Stivender voted “No”.
COUNTY MANAGER’S DEPARTMENTAL BUSINESS
COMMUNITY SERVICES
ELDER AFFAIRS COORDINATING COUNCIL’S ANNUAL ELDER SYMPOSIUM
Mr. Fletcher Smith, Community Services Director, addressed the Board and requested authorization to solicit donations in support of the Elder Affairs Coordinating Council’s Annual Elder Symposium that is scheduled to be held on September 7, 2007, at Lake Receptions, from 8:00 a.m. to 2:00 p.m. He stated that the Symposium furthers the mission of the Elder Affairs Coordinating Council’s public education, addressing important issues for the elders in the community and helping to make Lake County a more elder friendly community. He stated that there is a $10 registration fee, which includes a continental breakfast, as well as lunch. He noted various keynote speakers that will address those attending the Symposium and various presentations that will be given.
It was noted that this event is one that is very highly attended by the citizens of Lake County.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Community Services for approval to hold the Lake County Elder Affairs Coordinating Council's Annual Elder Symposium and to solicit donations to support the event throughout the fiscal year.
GROWTH MANAGEMENT
PURCHASE AND SALES AGREEMENT BETWEEN LAKE COUNTY AND DEAD
RIVER ESTATES, LLC
Mr. David Hansen, Public Lands Manager, addressed the Board and requested approval of the contract between Lake County and Dead River Estates for the purchase of a parcel of land consisting of approximately eight acres that is located on Dead River Road, in Tavares. He stated that it fronts on a canal that runs behind the homes on Dead River Road along Lake Harris, there is a two and a half acre pond, and just to the north of the property is a wooded area that is owned by the Lake County Water Authority. He stated that there are some forested areas along the lake and along the wetlands, but, for the most part, the property has been cleared. He stated that there is an active alligator population in the area and there is an osprey nest that is being utilized on a regular basis, as well as various birds that utilize the property. He stated that the property is unique, in that the basin evaluation that was done for Lake Harris, as part of the County’s ongoing stormwater program, this sub-basin came out as number one for the Lake Harris Basin, as far as for retrofit potential. He reviewed an aerial map contained in the Board’s backup material, pointing out the property in question and the fact that it delineates the basin, which consists of approximately 170 acres total, including some of the old section of Imperial Terrace. He stated that stormwater from Imperial Terrace goes directly into the canal system, which goes out to the Dead River and then into Lake Eustis, or Lake Harris, depending on which direction the Dead River is flowing. He stated that the proposal is to capture stormwater from Dead River Road, as well as from Imperial Terrace, and bring it on site through an easement and use the pond itself as a retention pond and then have it run into the canal. He stated that what staff is proposing is a multi-use type project, noting that the County can do some restoration and bring it back to a forested condition and make it more amenable to the wildlife in the area. He stated that there are two blanket power easements on the property, which staff is in the process of trying to resolve, at which time he requested the Board to approve the contract, however, noted that the closing would be contingent upon resolving the power easement issue. He stated that the County is splitting the costs involved with this request between the Public Lands Program and the Stormwater Division and there is a strong interest in the matter from the St. Johns River Water Management District. He stated that this is the type of project that they are focusing on, so there could be a three-way partnership involved with the request.
Mr. Sandy Minkoff, County Attorney, informed the Board that another contingency involved with this request is that the Board needs to acknowledge the gift of an easement that the County is receiving from Chris and Fran Blanton, who own the property between the parcel that the County is purchasing and the subdivision, that will connect the two parcels. He stated that there is a power line that crosses that easement and one of the contingencies is that the County is to make sure that the stormwater pipes will be able to co-exist with the power line. He stated that the County is working with SECO to do that. He stated that the County will be purchasing the one parcel and accepting the donation of the easement across the other two parcels, connecting the two.
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 the Purchase and Sales Agreement between Lake County and Dead River Estates, LLC; authorization for the Chairman to execute necessary closing documents; and approval of a Budget Change Request from Public Works - Commission District 3, contingent upon resolving two power easement issues with SECO connected to the property and accepting an easement that is being donated to the County from Chris and Fran Blanton.
REPORTS – COUNTY ATTORNEY
PURCHASE OF KUHARSKI PROPERTY
Mr. Sandy Minkoff, County Attorney, informed the Board that, with regard to the Kuharski parcel of property, there were two issues involving it, when it was brought before the Board, one being the release of mineral reservations on the property. He stated that the Kuharskis have now arranged for that release, so it is not an issue at this point in time; however, there were also blanket SECO easements across most of the 800 acres and staff is working with SECO to get them released. He stated that they would like to retain easements along Lake Erie Road, where they currently have power poles, and on the west side of the property, where there is a 30 foot easement. He stated that Mr. Hansen was comfortable with allowing those easements; therefore, staff would like to get Board approval to close on the property, allowing only those SECO easements along the road and along the west side of the property.
On a motion by Commr. Hill, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from the County Attorney for approval to close on the Kuharski property, allowing only those SECO easements located along Lake Erie Road and on the west side of the property, where there is a 30 foot easement.
PROCUREMENT
CONTRACT FOR ON CALL PLANNERS FOR GROWTH MANAGEMENT
Mr. Barnett Schwartzman, Director of Procurement Services, addressed the Board stating that the contract in question is structured to allow for specific tasks to be done on an as required, when required, basis. He stated that funds are encumbered only at the time that a specific task order is processed and there is no minimum funding or financial obligation associated with the contract. He stated that twelve firms responded to the County’s solicitation and one firm was selected for each of the five specific areas that the contract covers. He noted that the Board was provided with a memorandum regarding this request, prior to the meeting, and that it was included in the agenda item, giving them a list of the potential task orders for this fiscal year, as well as for next fiscal year.
Commr. Renick stated that she had a problem with the list of projects involving this request and that she felt this was the perfect time to bring up a matter of concern to her, being the County Manager’s signature authority, which is $50,000. She stated that she was not sure when or why it was put at $50,000 and that her concern was not in any way a reflection on Ms. Cindy Hall, the County Manager, in that she was not suggesting that she has in any way abused that signature authority, but that she feels it is steep. She stated that, with projects such as the ones before the Board this date, if there was a lower signature authority, the Board would be assured that each one of the projects would have to come back before them for approval and that is what she would like to accomplish.
Commr. Stewart concurred, stating that she has had a concern about that issue, as well. She stated that she would like to see the figure reduced to $25,000.
Commr. Cadwell stated that he felt the Board needed to have a discussion about the matter and as to how it works on a day to day basis, before making a decision about it. He stated that, with regard to the request before the Board at this time, he felt one way to give everybody a comfort level would be to let the projects in question come back before the Board, as they go forward, and, if the Board has a problem with any of them, they can act on that particular project at that time.
Commr. Renick interjected that she would like to see the requests be open for discussion and not be put under the County Manager’s Consent Agenda.
It was suggested that, for the particular set of contracts involving this request, they be brought back before the Board as they come forward for approval and that the issue be put on an upcoming workshop agenda for further discussion.
Mr. Sandy Minkoff, County Attorney, interjected that Section 2.3 of the contracts require the task orders to go back through Procurement and the County Attorney’s Office, so staff can add to that Section that the contracts be required to receive Board approval, which would do what the Board is suggesting.
It was noted that that would give the Board a comfort level.
A brief discussion occurred regarding whether or not to note the total amount of money being allowed for the project, or if the Board should put a cap on the amount of money that would be allowed this year.
Ms. Hall informed the Board that she wanted them to be aware of the fact that the amount of money indicated in this request is not what has actually been spent, but is an amount that was approved in the budget for these types of projects.
Ms. Carol Stricklin, Director of Growth Management, addressed the Board stating that the list they received is representative of the types of projects that could be used during this fiscal year with that budgeted amount, however, given how late the County is in the fiscal year and some of the changed conditions with the County’s work program, the department does not foresee spending anything close to the budgeted amount.
Commr. Hill stated that she hated leaving $435,000 encumbered in a line item within that account, when staff may want to use it elsewhere within the budget.
Commr. Renick stated that she did not think it was wise to leave that figure in that department’s budget either, when the County is trying to cut back on everything. She questioned whether this request should be postponed and have staff bring it back to the Board at a later date, in terms of what the County would really want to budget.
Ms. Hall stated that staff would be glad to look at the budget and the $435,000 figure and bring it back to the Board on August 14, 2007, at which time they can discuss what staff envisions for said amount and perhaps reduce it, but that she would request that the Board approve the contract, with the stipulations that the Chairman indicated, so that they can move forward and get the contract signed.
It was noted that the funds in question have already been budgeted and the amount in next year’s budget have been reduced quite a bit.
On a motion by Commr. Stivender, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board approved a request from Procurement for approval to award the RQ 07-0208 for On Call Planners for Growth Management to HDR, Inc., and Land Design Innovations for Comp Planning and Small Areas Planning, GAI Consultants Inc., for Conservation-Open Space and Landscape/Site Planning, Real Estate Research Consultants, Inc., for Economics, with clarification regarding the budgeted amount to be presented at the Budget Workshop scheduled for August 14, 2007.
PUBLIC WORKS
AMENDMENT TO CONTRACT WITH KIMLEY-HORN AND ASSOCIATES, INC.
Mr. Fred Schneider, Director of Engineering, Public Works Department, addressed the Board stating that this request is to approve an amendment to the contract with Kimley-Horn and Associates, to provide streetscaping plans for CR 466, from US 441/27 to Clay Avenue. He stated that funding sources for said project will come from The Villages, who have committed to the construction of one mile, estimated to cost between $6 and $8 million dollars; TRIP funds from the Department of Transportation, in the amount of $5 million; and the remaining funds to come from the County’s Transportation Impact Fee. He stated that staff has estimated the total cost of this project to be $20 million.
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 Amendment No. 3 to the agreement between Lake County and Kimley-Horn & Associates, Inc., for additional services to be performed by Kimley-Horn & Associates, Inc., for landscape and irrigation plans for the segment of CR466 from US 441/27 to Clay Avenue - Commission District 5.
KEEN ROAD PHASE II ROADWAY IMPROVEMENT PROJECT
Mr. Fred Schneider, Director of Engineering, Public Works Department, informed the Board that the parcel of property involved with this project involves Phase II of the project and will complete the Keen Road Paving Project. He stated that, with approval of this request, staff will be able to move forward with a request to advertise for bids.
The Chairman thanked Mr. Rex Merrill, owner of the property in question, for his help and cooperation regarding this project.
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 to approve and execute a right of way agreement with Mr. Rex D. Merrill for right of way; and authorization for the Chairman of the Board of County Commissioners to sign any and all documents necessary for closing, in conjunction with the Keen Road (No. 8165) Phase II Roadway Improvement Project - Commission District 5.
IMPROVEMENTS TO STEVES ROAD AGREEMENT
Mr. Fred Schneider, Director of Engineering, Public Works Department, stated that this was a request to approve an agreement with a number of property owners, as well as a couple of developers, Weingarten I-4 Clermont Landing, KMH Limited Liability Company, Homer N. Allen, and Real Life Christian Church, regarding improvements to Steves Road. He stated that approval of this request will complete the Steves Road Project, which currently ends at the Lost Lake DRI property boundary. He stated that Steves Road will then connect from Hwy. 27 through Citrus Tower Road, over to Excalibur Road, where the high school is located and the future middle school will be located. He stated that the County has agreed to pay up to 5% of the construction costs, which amounts to approximately $125,000 for this project.
On a motion by Commr. Renick, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved a request from Public Works for approval of an agreement with Weingarten I-4 Clermont Landing TRS, LLC, KMH Limited Liability Company, Homer N. Allen, and Real Life Christian Church, regarding improvements to Steves Road - Commission District 2.
PUBLIC HEARINGS
REVISED CDBG CONSOLIDATED PLAN, FY 2007/08 ONE YEAR ACTION PLAN,
AND RESOLUTIONS PERTAINING TO SAME
Mr. Bill Gearing, Community Enhancement Coordinator, Community Services, addressed the Board and gave a brief presentation on the Revised Community Development Block Grant (CDBG) Consolidated Plan and the FY 2007/08 One Year Action Plan, at which time he requested approval and signature authorization on documents pertaining to said plans.
The Chairman opened the public hearing.
No one was present in opposition to the request.
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. Renick and carried unanimously, by a 5-0 vote, the Board approved the revised CDBG Consolidated Plan and Resolution No. 2007-115, pertaining to same; and FY 2007/08 One Year Action Plan and Resolution No. 2007-116, pertaining to same, as presented.
ORDINANCE AMENDING SECTIONS 9-13 AND 9-16 OF THE LAKE COUNTY CODE
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 9-13, ENTITLED TEEN COURT FEES, TO INCLUDE JUVENILE PROCEEDINGS; AMENDING SECTION 9-16, ENTITLED ADDITIONAL COURT COSTS IN CRIMINAL CASES, TO INCLUDE JUVENILE PROCEEDINGS; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
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. Renick and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-37, amending Sections 9-13 and 9-16, Lake County Code, as presented.
ORDINANCE CREATING SECTION 2-1 OF THE LAKE COUNTY CODE
DESIGNATING OFFICIAL COUNTY LOGO AND SEAL
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, CREATING SECTION 2-1, LAKE COUNTY CODE, ENTITLED COUNTY LOGO AND SEAL; PROVIDING FOR DESIGNATION OF THE OFFICIAL COUNTY LOGO; PROVIDING FOR DESIGNATION OF THE OFFICIAL COUNTY SEAL; PROVIDING FOR AUTHORIZED AND PROHIBITED USES; PROVIDING FOR PENALTIES; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
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. 2007-38, creating Section 2-1, Lake County Code, designating the Official County Logo and Seal, as presented.
ORDINANCE REPEALING AND REPLACING CHAPTER 6 OF THE LAKE
COUNTY CODE, ENTITLED BUILDINGS AND CONSTRUCTION
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, REPEALING AND REPLACING CHAPTER 6, LAKE COUNTY CODE, ENTITLED BUILDINGS AND CONSTRUCTION; CREATING ARTICLE I, ENTITLED IN GENERAL, PROVIDING FOR PURPOSE; PROVIDING FOR GENERAL ENFORCEMENT; PROVIDING FOR FEE SCHEDULE; PROVIDING FOR QUALIFICATIONS FOR PRACTICE; PROVIDING FOR EXEMPTIONS; PROVIDING FOR CODE ENFORCEMENT OFFICERS; PROVIDING FOR PROCEDURE FOR COLLECTING FUNDS; CREATING ARTICLE II, ENTITLED DEFINITIONS; PROVIDING FOR DEFINITIONS; CREATING ARTICLE III, ENTITLED ADOPTION AND ENFORCEMENT OF TECHNICAL CODES; PROVIDING FOR ADOPTION AND ENFORCEMENT; PROVIDING FOR USED MOBILE HOMES; CREATING ARTICLE IV, ENTITLED BOARD OF BUILDING EXAMINERS; PROVIDING FOR CREATION; PROVIDING FOR AUTHORIZATION; PROVIDING FOR INTENT; PROVIDING FOR MEMBERS; PROVIDING FOR OFFICERS AND RULES OF PROCEDURE; PROVIDING FOR APPEALS; CREATING ARTICLE V, ENTITLED STATE CERTIFIED CONTRACTORS; PROVIDING FOR INVESTIGATION AND HEARING PROCEDURE; PROVIDING FOR ACTIONS AGAINST STATE CERTIFIED CONTRACTORS; PROVIDING FOR APPEALS OF ORDERS; PROVIDING FOR EXPIRED/VOID PERMITS; CREATING ARTICLE VI, ENTITLED LOCALLY LICENSED CONTRACTORS; PROVIDING FOR LOCALLY REGISTERED AND LOCALLY LICENSED CONTRACTORS; PROVIDING FOR REQUIREMENTS FOR LOCAL LICENSE; PROVIDING FOR PERSONS TO WHOM LOCAL LICENSES WILL NOT BE ISSUED; PROVIDING FOR CONTINUING EDUCATION; PROVIDING FOR RENEWAL; PROVIDING FOR INACTIVE LOCAL LICENSES; PROVIDING FOR BUSINESS ORGANIZATIONS; QUALIFYING AGENTS; PROVIDING FOR RECIPROCITY; PROVIDING FOR DISCIPLINARY PROCESS OF LOCALLY LICENSED CONTRACTORS; PROVIDING FOR DISCIPLINARY ACTIONS; PROVIDING FOR PROHIBITED ACTS BY CONTRACTORS; PROVIDING FOR SCHEDULE OF CITATION PENALTIES FOR LOCALLY LICENSED CONTRACTORS; PROVIDING FOR APPEALS; PROVIDING FOR EXPIRED/VOID PERMITS; CREATING ARTICLE VII, ENTITLED UNLICENSED CONTRACTORS; PROVIDING FOR UNLICENSED INDIVIDUALS AND FIRMS; PROVIDING FOR CITATIONS AND NOTICES; PROVIDING FOR VIOLATIONS AND FINES FOR UNLICENSED CONTRACTORS; PROVIDING FOR PROCEDURE AFTER CITATIONS; PROVIDING FOR BOARD HEARINGS; PROVIDING FOR APPEAL PROCEDURE;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
On a motion by Commr. Hill, seconded by Commr. Renick and carried unanimously, by a 5-0 vote, the Board approved Ordinance No. 2007-39, repealing and replacing Chapter 6, Lake County Code, entitled Buildings and Construction, as presented.
RENEWAL OF THE VILLAGES PUBLIC SAFETY DEPARTMENT’S
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Mr. Sandy Minkoff, County Attorney, informed the Board that the Florida Statutes requires people who are involved in advanced life support to get Certificates of Convenience and Necessity from the County. He stated that The Villages Public Safety Department provides services in Lake County and this is a renewal of their Certificate.
The Chairman opened the public hearing.
No one was present in opposition to the request.
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. Renick and carried unanimously, by a 5-0 vote, the Board approved a request from The Villages Public Safety Department to issue a renewal of their Certificate of Public Convenience and Necessity, to be effective through September 30, 2009.
ORDINANCE AMENDING CHAPTER 13 OF THE LAKE COUNTY CODE,
ARTICLE III, TOURIST DEVELOPMENT TAX
Mr. Sandy Minkoff, County Attorney, placed the proposed Ordinance on the floor, for its first and final reading, by title only, as follows, noting that this particular Ordinance would require a four fifths vote of the Board:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF LAKE COUNTY, FLORIDA, AMENDING SECTION 13-46, LAKE COUNTY CODE, REGARDING THE IMPOSITION AND COLLECTION OF THE TOURIST DEVELOPMENT TAX; PROVIDING FOR A FIVE PERCENT TOURIST DEVELOPMENT TAX; AMENDING SECTION 13-47, LAKE COUNTY CODE, REGARDING THE USES FOR THE REVENUE GENERATED FROM THE TOURIST DEVELOPMENT TAX; CERTIFYING THE PREVIOUS IMPOSITION OF THE TOURIST DEVELOPMENT TAX; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE LAKE COUNTY CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mr. Greg Mihalic, Director of Tourism and Business Relations, addressed the Board stating that this Ordinance would be the implementation of an extra penny in the County’s tourist development tax. He stated that discussion regarding it has been going on for approximately one and a half years and was initiated to assist the Performing Arts of Lake-Sumter (PALS) build a new Performing Arts Center at their Leesburg campus. He stated that, since that time, it has continued to be discussed and the County has over $25 million in requests for said money, should the Board choose to approve it. He stated that, after review by the County Attorney’s Office, many of said requests will not qualify, for one reason or another. He stated that the fifth penny will be used for advertising and promotion, which is a requirement of the restrictive uses for said penny, however, noted that, if the Board chose to pass it, it would free up some of the first three pennies for other uses that the County might have. He stated that the effective date for the Ordinance could be as early as October 1, 2007, and the Tax Collector’s Office has said that date is fine with them.
The Chairman opened the public hearing.
No one was present in opposition to the request.
There being no one present who wished to address the Board, the Chairman closed the public hearing.
Commr. Stivender stated that the majority of the members of the Tourist Development Council (TDC) are in favor of the fifth cent tax, because it is a tax on tourism and not on the residents of the County, which she noted is the one thing that the TDC wanted expressed to the Board, and asked that the Ordinance be postponed until a later date, to allow the Board to discuss it further, before acting on it.
Commr. Renick clarified the fact that, should the Board choose not to approve the Ordinance at this time, it could be brought back before them for approval at a later date.
On a motion by Commr. Hill, seconded by Commr. Stewart and carried unanimously, by a 5-0 vote, the Board denied a request for approval and execution of an Ordinance amending Chapter 13, Lake County Code, Article III, Tourist Development Tax; providing for an amendment to Section 13-46 and 13-47, to increase the Tourist Development Tax from 4% to 5%, at this time.
OTHER BUSINESS
APPOINTMENTS/REAPPOINTMENTS TO WOMEN’S HALL OF FAME
SELECTION COMMITTEE
On a motion by Commr. Stivender, seconded by Commr. Hill and carried unanimously, by a 5-0 vote, the Board appointed/reappointed individuals to the Women’s Hall of Fame Selection Committee, as follows:
District 1 (Reappointed)
Carolyn Richardson
District 2 (Appointed)
Louise Stockton
District 3 (Reappointed)
Gwen Manning
District 4 (Reappointed)
Carmen Cullen
District 5 (Appointed)
William (Billy) Goodson
REPORTS – COUNTY ATTORNEY
REZONING OF DOWNTOWN TAVARES PROJECTS
Mr. Sandy Minkoff, County Attorney, updated the Board on the City of Tavares’ first reading of the rezoning Ordinances for the downtown projects, noting that the City Council approved them unanimously on the first reading, with the second reading to be held on August 15, 2007. He stated that they are requiring that the sale of the Clerk’s Public Records Center be referenced in the Ordinances and that a couple of agreements are scheduled to come before the Board on August 14, 2007, during the Budget Workshop, that are part of that process. He stated that things are going well and that he hoped by the August 15th City Council Meeting to have everything approved, other than the DRI issue.
REPORTS – COUNTY MANAGER
OFFICIAL NAMING OF EAST LAKE COMMUNITY PARK
Mr. Gregg Welstead, Deputy County Manager, addressed the Board regarding a request that East Lake Community Park be the official name for said park and that the Board commit to naming the County’s regional parks after the region that the parks are located in and reserve memorial parks for smaller parks, or for individual components in a park, such as a pavilion, ballfield, etc. He stated that the Board set a precedent last year regarding the matter and that he was requesting that they reaffirm their vote, or change the direction.
Commr. Stewart pointed out the fact that there were many letters of support in the Board’s backup material for Mr. Johnny Treadwell, as well as letters of support for Mr. Tommy Hight, very well respected citizens in the Mt. Plymouth/Sorrento area, who deserve to have the park named after them, however, noted that she agrees that parks should be named after the region that they are located in, to keep it fair and unemotional.
Ms. Jenny Treadwell, granddaughter of Mr. Johnny Treadwell, addressed the Board and gave them a brief background history of how it came about that her grandfather’s name was being considered for having the park named after him, noting that 920 signatures were obtained from the community in favor of having it named after him. She stated that they did not know that another name was being considered for the park.
Ms. Jeanne Etter, a resident of the Mt. Plymouth area, addressed the Board and discussed how Mr. Tommy Hight’s name came about being considered for the park, as well. She stated that she wrote the letter, after he became ill and passed away, suggesting that the park be named after him, not knowing that Mr. Treadwell’s name was also being considered.
On a motion by Commr. Stewart, seconded by Commr. Stivender and carried unanimously, by a 5-0 vote, the Board approved the name of East Lake Community Park as the official name for said park and committed to naming the County’s regional parks after the region that they are located in.
REPORTS – COMMISSIONER HILL – DISTRICT 1
“STEPPING OUT FOR EDUCATION” EVENT
Commr. Hill congratulated Commr. Stewart on doing an excellent job of dancing during the “Stepping Out for Education” event that was held recently.
REPORTS – COMMISSIONER HILL – DISTRICT 1
HOW SHALL WE GROW? REGIONAL SUMMIT
Commr. Hill informed the Board that a How Shall We Grow? Regional Summit is scheduled to be held on Friday, August 10, 2007, at Omni Orlando Resort, at Champions Gate, from 8:00 a.m. to 11:30 a.m.
REPORTS – COMMISSIONER HILL – DISTRICT 1
ENERGY HOUSE BILL 969
Commr. Hill discussed a concern she has about House Bill 969 (Energy Bill) that was scheduled for a hearing on Saturday, August 4, 2007, in Washington, D.C., which is associated with the County’s waste to energy plant, and a possible financial impact that it may have on the County, as it relates to the renewal energy standards that are going to be set nationally and the fact that the waste to energy incineration process was not yet included in the Bill. She stated that the House Bill and the Senate Bill read separately – they do not mirror each other, which she feels means a lot of negotiations and compromises, as well as possible amendments. She stated that she was concerned about how the energy credits associated with that Bill will be addressed, noting that Lake County is unique, in that its contract is a little different than most counties and cities that have an incinerator. She stated that the County must make sure that it is able to secure its energy credits, noting that it is a major benefit to the County. She stated that it is understood that the energy credits will set renewable energy standards that generate electricity and the community that does not meet those standards will either have to pay penalties or purchase renewable credits. She stated that a problem the County has at the present time is that they do not recognize the incinerator as a waste to energy renewable energy source. She stated that, on August 23, 2007, an Energy Public Service Commission Staff Workshop is being held in Tallahassee and she would like to attend it, which is prior to their hearing process. She stated that she feels the State of Florida is going to need to take a position regarding the issue and that she feels it depends on their understanding of what the County has, with regard to waste to energy. She stated that she did not know if they would be able to address the issue at the workshop, or just be able to listen in, but that, if there is a hearing process, they might want to go back and make sure that they are heard and that it is understood what the County has, as far as a waste to energy facility and the benefits of it, to be included in the Bill at a later date.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
CODE ENFORCEMENT VIOLATIONS INVOLVING SUB-CONTRACTORS
Commr. Stivender stated that she has been contacted by several sub-contractors who have equipment that they usually park on their job sites, but with there being a decline in construction and the number of their types of jobs, they are having to park their equipment at their homes and are being cited by Code Enforcement for doing so. She questioned whether staff could be directed to give them an exemption for approximately six months, until their types of jobs pick up, so that they can park their equipment at their homes, without being cited for a violation
Mr. Sandy Minkoff, County Attorney, interjected that it would require an ordinance change in the County’s Land Development Regulations (LDRs), whether it is a temporary solution or not. He noted that the LDRs spell out specifically how many and what type of oversized vehicles can be parked on properties.
A brief discussion occurred regarding the matter, at which time Mr. Dale Greiner, Interim Code Enforcement Director, was directed to bring back to the Board at a later date a list of how many such cases are currently pending, along with some proposed language regarding same.
REPORTS – COMMISSIONER STIVENDER – DISTRICT 3
BOYS AND GIRLS CLUB ANNUAL GALA
Commr. Stivender informed the Board that the Boys and Girls Club annual gala, which is “Breakfast at Tiffany’s” this year, scheduled for August 25, 2007, at the Savannah Center, is their major fundraiser for the year and invited the Commissioners to participate in said fundraiser
REPORTS – COMMISSIONER STEWART – DISTRICT 4
“STEPPING OUT FOR EDUCATION” EVENT (CONT’D.)
Commr. Stewart stated that she participated in the “Stepping Out for Education” event (similar to “Dancing with the Stars”) that was held on July 28, 2007, and that they raised $30,000 in support of education and junior achievement. She thanked the Starlight Ballroom and Dance Center in Leesburg for donating their time, energy, and finances to this cause and for their patience in teaching the participants the various dances involved with the event.
REPORTS – COMMISSIONER CADWELL – CHAIRMAN AND DISTRICT 5
FLORIDA ASSOCIATION OF COUNTIES YEARLY TOUR
Commr. Cadwell informed the Board that the Florida Association of Counties (FAC) will be doing their yearly tour and legislative update, to let the various counties know what is going on in Tallahassee and with FAC. He stated that the closest one to Lake County will be in Polk County on August 16, 2007, at 10:00 a.m., and invited the Commissioners to attend it.
CITIZEN QUESTION AND COMMENT PERIOD
No one present wished to address the Board.
ADJOURNMENT
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 10:55 a.m.
____________________________________
WELTON G. CADWELL, CHAIRMAN
ATTEST:
__________________________
JAMES C. WATKINS, CLERK