A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

September 28, 2010

The Lake County Board of County Commissioners met in regular session on Tuesday, September 28, 2010 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida.  Commissioners present at the meeting were:  Welton G. Cadwell, Chairman; Jennifer Hill; Jimmy Conner; and Linda Stewart.  Elaine Renick, Vice Chairman, was not present.  Others present were:  Sanford A. “Sandy” Minkoff, Interim County Manager; Melanie Marsh, Acting County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Barbara F. Lehman, Chief Deputy Clerk; and Courtney Vincent, Deputy Clerk.

INVOCATION and pledge

Reverend Karen Burris of Morrison United Methodist Church gave the Invocation and led the Pledge of Allegiance.

agenda update

Mr. Sandy Minkoff, Interim County Manager, requested to discuss the December schedule at the end of the meeting.

COUNTY MANAGER’S CONSENT AGENDA

On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a vote of 4-0, the Board approved the County Manager’s Consent Agenda, Tabs 1 through 7 as follows:

Economic Development and Community Services

Request to approve a 1-year renewal of the existing agreement for annual grant funding between Lake County and Lake and Sumter Emergency Recovery, Inc. (LASER). The fiscal impact is $51,800.00.

Facilities Development and Management

Request to award a term and supply contract to Ardaman and Associates for Threshold Inspection and related services in specific support of the Judicial Center project, the Emergency Operations Center (EOC) project, and for other projects on an on-call basis. The fiscal impact is an estimated value of $140,575 for the Judicial Center project. The fiscal impact in support of the EOC project and other on-call projects can not be determined at this time.

Fiscal and Administrative Services

Request to approve an extension of Term and Supply Contract 09-0814 for Lubricants and Oils to Port Consolidated, Inc., Tampa, FL. and to reject all bids received for ITB# 10-0804 for Lubricants and Oils. The estimated fiscal impact is $50,000.00.

Public Resources

Request to approve the FY2010-2011 State Aid to Libraries Grant Application and Agreement.

Public Safety

Request to approve the Motorola Service Agreement maintenance contract for the Countywide Radio System. The fiscal impact is $1,617,210.00, to begin October 1, 2010.

Request to approve the Automatic Aid Agreement between Lake County and Seminole County. There is no fiscal impact.

Public Works

Request to approve Budget Transfer from various line items for operations to fulfill the Covanta contract obligations for the August 2010 and September 2010 payments. The fiscal impact is $417,000.00.

COUNTY ATTORNEY’S CONSENT AGENDA

Commr. Conner commented that the County was saving $5,580 per year on Tab 10, which terminates the lease for storage space for the Historic Museum, Public Defender’s Office, and Library Services, and thanked them for their good work.

On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board approved the County Attorney’s Consent Agenda, Tabs 8 through 11 as follows:

County Attorney

Request to approve and execute a contract between the District Five Medical Examiner's Committee and Dr. Barbara Wolf for Medical Examiner Services. The fiscal impact is $771,463.81.

Request to approve the Lease Agreement with the School Board for use of School Board property for the Altoona Fire Station. There is no fiscal impact.

Request to approve termination of leased space for storage for the Historic Museum, Public Defender's Office and Library Services. There is a savings of $5,580 annually.

Request for approval to advertise Ordinance amending Section 7, Lake County Code, entitled, “Economic Development & Business Incentives.”

presentations

4-h week

Commr. Cadwell presented Miss. Cadie Hill, Miss Umatilla and 4-H Team Leadership Council President, with Proclamation No. 2010-118 naming October 3 – 9, 2010 as 4-H Week in Lake County.

Miss Hill thanked the Board and then presented each Commissioner with a copy of the “Centennial FL 4-H History Book.”

Ms. Wendy Breeden, Director of Public Resources, introduced Ms. Jennifer Hodges, the 4-H Extension Agent.

Ms. Hodges remarked that that Lake County had wonderful youths, and said she appreciated the Board’s continued support for youth development and the 4-H program.  She added that they hoped to continue to expand their program and reach every youth in Lake County.  She thanked the Board again for their support.

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved Proclamation No. 2010-118, declaring October 3 – 9, 2010 as 4-H Week in Lake County.

fire prevention week

Mr. John Jollif, Fire Chief and Director of Public Safety, addressed the Board explaining this year was the 90th anniversary of Fire Prevention Week, which commemorates the Great Chicago Fire that occurred on October 9, 1871, killing 300 people and destroying over 17,000 buildings.  He specified Fire Prevention Week would be Sunday, October 3, through Saturday, October 9, 2010.  He reported that nationally, home fires occur every 82 seconds, noting that in 2009, there were over 16,500 home fires within the State of Florida and Lake County experienced 151 home fires and three fire deaths.  He explained that over the last three years Lake County Fire Rescue had responded to an average of one home fire every 40 hours of operation.  He stated the 2010 theme was, “Home Smoke Alarms: A sound that you can live with!”  He informed the Board that working smoke alarms in a home doubled the chances of surviving a fire, which was why they encouraged all residents to install smoke alarms in their homes, to routinely test them, and to change the batteries at least annually.  He recognized Lieutenant Kathy Edwards for her outstanding work in fire prevention education and he thanked the Board for their continued support of Fire Prevention Week, requesting the approval of the proclamation.

On a motion by Commr. Conner, seconded by Commr. Hill, and carried unanimously by a vote of 4-0, the Board approved Proclamation No. 2010-96, declaring October 3 – 9, 2010 as Fire Prevention Week in Lake County.

public hearing

vacation petition no. 1156 to vacate road right of way

Mr. Jim Stivender, Director of Public Works, addressed the Board mentioning that Vacation Petition No. 1156, to vacate a right of way in Grand Island, was listed as being in District 5, but it was actually on the border between two districts.  He explained the applicant was requesting to vacate Pierce Street (also known as Pearce Street), which runs between sections of the Burgess’s property, noting there were County Roads on two sides of the development and the applicant has agreed to dedicate right of way along Grand Island Shores Road.  He recommended approval of the vacation petition.

Commr. Cadwell asked if the property would then be under a single ownership.

Mr. Stivender responded that except for the Newman property at the corner of the property, it would all be under a single ownership, adding that the Newmans had no objection to the vacation petition.

The Chairman opened the public hearing.

There being no one present who wished to address the Board, the Chairman closed the public hearing.

On a motion by Commr. Stewart, seconded by Commr. Conner, and carried unanimously by a vote of 4-0, the Board approved Resolution No. 120, to vacate, discontinue, and close road right of way on Pierce Street in the Grand Island area.

rezoning agenda

Mr. Brian Sheahan, Chief Planner, Planning and Community Design, informed the Board the public hearing was properly advertised in accordance with the law and Land Development Regulations (LDRs).

rezoning consent agenda

Mr. Sheahan stated there were no changes to the agenda.

The Chairman opened the public hearing for Tab 3 on the Consent Agenda.

There being no one present who wished to address the Board, the Chairman closed the public hearing and reserved comment for the Board.

On a motion by Commr. Hill, seconded by Commr. Stewart, and carried unanimously by a vote of 4-0, the Board approved the Rezoning Consent Agenda as follows:

Tab 2 – Ordinance No. 2010-48

Rezoning Case No. PH#26-10-5

Phillip O. & Kathy J. Whigham/Leslie Campione, P.A./Big Game Pro Shop

Request to amend Planned Commercial (CP) Ordinance #2006-60 to add new commercial uses.

rezoning regular agenda

Commr. Cadwell asked if any action needed to be taken on the three cases listed under the regular agenda, which are as follows:

Tab 1 – Continued to October 6, 2010

Rezoning Case No. PH#28-10-4

Renningers Florida Twin Markets, Inc.

Cecelia Bonifay/Christopher Roper, Esq., Akerman Senterfitt

 

Tab 3 – Withdrawal

Rezoning Case No. PH#13-10-3

Floribra USA, Inc./Jim Hall, AICP (VHB Inc.)

BLR – Windmill Road PUD zoning

 

Tab 4 – Withdrawal

Rezoning Case No. PH#2-10-3

Floribra USA, Inc./Jim Hall, AICP (VHB Inc.)

Windmill 27

Mr. Sheahan responded that no actions needed to be taken on the cases, then mentioned that a request for a waiver of fees had been submitted.

Commr. Cadwell said the fee waiver request was from an applicant reapplying for a rezoning request, adding that there was no indication currently as to whether or not the request was identical to the original or if there were any changes.  He mentioned he was not comfortable bringing the request forward when they did not know if the request was the same as before.

Commr. Hill commented they could address it when the rezoning case was brought back before the Board.

Mr. Sandy Minkoff, Interim County Attorney, noted the County Manager could waive the fees if the review was not necessary; if the request was identical it could be performed administratively.

REPORTS – COUNTY MANAGER

december board meeting schedule

Mr. Minkoff noted the original December 2010 schedule called for meetings on December 7, 14, 21, and 28, with the meetings on the 21st and 28th occurring during holiday weeks, and adding that typically the Board has not held meetings on those days.  He mentioned there was a meeting scheduled on December 7th, 2010, from 4 to 6 p.m. with the cities at the Leesburg Community Center to discuss fire services.  He suggested the Board cancel the meetings on the 21st and 28th, then stated there was a retreat session planned for Monday, December 13, 2010, from 9 a.m. to 12 p.m. tentatively at Trout Lake.  He stated the new schedule would be regular Board meetings on December 7th and 14th at 9 a.m., the meeting with the cities on December 7th from 4 to 6 p.m., and the workshop retreat on December 13th from 9 a.m. to 12 p.m. at Trout Lake.  He noted they might have Zoning on December 14th if they received any applications.

Commr. Conner asked what specifically they would be accomplishing at the retreat.

Commr. Cadwell responded that he thought the Board might have their mission statement there, have some general conversation with the new Board and talk about immediate issues they might want to address, and to discuss budget issues.

Commr. Conner asked if they were going to have an agenda for the retreat, explaining that the budget was an area of concern for him.

Commr. Cadwell mentioned that the budget would be a big part of the discussion

Commr. Hill asked when the new commissioners officially take office.

Mr. Minkoff responded that they take office the third Tuesday in November, adding that December 7, 2010 was the organizational meeting to select the new chairman and vice chairman.

Commr. Cadwell asked if they needed to approve the new December schedule by motion or by consensus.

Ms. Melanie Marsh, Acting County Attorney, responded that consensus would be fine.

REPORTS – COMMISsIONER CADWELL – CHAIRMAN AND DISTRICT 5

letters to elected city officials

Commr. Cadwell informed the Board the letters to the elected city officials inviting them to a meeting on December 7, 2010 from 4 to 6 p.m. at the Leesburg Community Center regarding Fire and EMS Services in Lake County would be emailed today.  He noted the letter was also emailed to the Sheriff.  He said he hoped there was a good response, reporting he had already received some phone calls from people who were interested.

Commr. Conner asked what the general reception had been and if the Volusia County Report had been provided to every Commissioner, noting that other participants might want to read it.

Commr. Cadwell said currently he had only heard from elected officials but so far the response was good, and mentioned the report was mentioned and included in the email.

ADJOURNMENT

There being no further business to be brought to the attention of the Board, the meeting was adjourned at 9:19 a.m.

 

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welton g. cadwell, chairman

 

 

ATTEST:

 

 

 

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NEIL KELLY, CLERK